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CAG-12-046
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CITY OF RENTON
CONTRACT AGREEMENT
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THIS AGREEMENT is made as of the day of MARCH .2012, between the CITY OF RENTON,a municipal
corporation of the State of Washington, hereinafter referred to as"CITY" and W.M.Smith&Associates.Inc..
hereinafter referred to as "CONTRACTOR,"to INSTALLTWO NEW BOILERS AT HENRY MOSES AQUATIC
CENTER, 1719 MAPLE VALLEY HIGHWAY,RENTON WA 98057.
The City and Contractor agree as set forth below.
1. Scope of Services. The Contractor will provide all material and labor necessary to perform all work
described in the Form of Proposal which is included with this Agreement as"Attachment A".
2. Changes in Scope of Services. The City,without invalidating the Contract, may order changes in the
Services consisting of additions,deletions or modifications,the Contract Sum being adjusted accordingly.
Such changes in the work shall be authorized by written Change Order signed by the City and the
Contractor.
3. Time of Performance. The Contractor shall commence performance of the Contract no later than ten(10)
calendar days after Contract's final execution,and shall complete the full performance.of the Contract not
later than Sixty 60 calendar days from the date of commencement.
4. Term Of Contract.The Term of this Agreement shall end at completion of the enclosed scope of work.
This Agreement may be extended to accomplish change orders,if required,upon mutual written
agreement of the City and the Contractor.
S. Contract Sum. The total amount of this Contract is the sum of$59.622.75,which includes Washington
State Sales Tax.
6. Retainage in Lieu of Bond. In lieu of a performance bond,the City will retain 50%of the contract amount
for a period of 45 days after Final Acceptance of the work.
7. Method of Payment. Payment by the City for the Services will only be made after the Services have been
performed and a voucher or invoice is submitted in a form acceptable to the City. Payment of the initial
50%will be made in the next pay cycle of the Renton Finance Department after receipt of such voucher or
invoice(pay cycles are approximately bi-weekly). The remaining 50%will be paid 45 days after Final
Acceptance. The City shall have the right to withhold payment to the Contractor for any work not
completed in a satisfactory manner until such time as the Contractor modifies such work so that the same
is satisfactory. Contractor,and any/all subcontractors, must submit prevailing wage documents prior to
any payments.
8. Employment.The Contractor's employees are not employees of the City of Renton.
9. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of this Contract
without express written consent of the City of Renton.
10. Record Keeping and Reporting: The Contractor shall maintain accounts and records which properly
reflect all direct and indirect costs expended and services provided in the performance of this Agreement.
The Contractor agrees to provide access to any records required by the City.
11. Hold Harmless. The Contractor shall indemnify,defend and hold harmless the City, its officers,agents,
employees and volunteers,from and against any and all claims, including claims from third parties,losses
or liability,or any portion thereof,including attorneys fees and costs,arising from injury or death to
persons, including injuries,sickness,disease or death to Contractor's own employees,or damage to
property occasioned by a negligent act,omission or failure of the Contractor.
12. Insurance. The Contractor shall maintain throughout the duration of this contract the following insurance
requirements: General Liability insurance in the amount of$1,000,000 per occurrence/$2,000,000
aggregate; Professional Liability insurance in the amount of$1,000,000 per claim;Automobile Liability in
the amount of$1,000,000 per accident;and proof of Workers'Compensation coverage. The City of
Renton will be name as a Primary and Non-Contributory Additional Insured on the insurance policy and an
endorsement stating such shall be provided.
13. Compliance with Laws. The Contractor and all of the Contractor's employees shall perform the services in
accordance with all applicable federal,state,county and city laws,codes and ordinances.
14. Conflicts. In the event of any inconsistencies between contractor proposals and this contract,the City of
Renton contract shall prevail.
15. Prevailing Wage Rates. The Contractor must comply with the State prevailing wage requirements. The
Contractor must file an Intent To Pay Prevailing Wage at the beginning of the project and an Affidavit of
Wages Paid at the end of the project with the Washington State Department of Labor and Industries.
Information can be found at: http://www.Ini.wa.gov/TradesLicensing/PrevWage/default.asp.
This Agreement is entered into as of the day and year written above.
CONTRACTOR Y OF RENTON
Sig ure Signature
Wayne Smith, President Denis Law, Mayor
Printed Name and Title Printed Name and Title
W. M.Smith&Associates, Inc. Attest:
Business Name
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PO Box 398 Bonnie I . Walton, City Clerk
Mailing Address
Ellensburg WA 98926
City State Zip
(509)925-4462/(800)426-9460
Telephone
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CITY OF RENTON
Henry Moses Aquatic Center Boilers
ATTACHMENT A
to Contract
ATTACHMENT A
CITY OF RENTON
Henry Moses Aquatic Center Boilers
SCOPE OF WORK
The work involved under the terms of these Contract documents shall be full and complete
installation of the facilities, as shown on the plans and as described in the construction
specifications, to include but not be limited to:
Remove existing Raypak Boiler, 3.5 million btu unit.
Purchase and Install 2 XTherm Boilers, Model 1505.
Any contractor connected with this project shall comply with all Federal, State, County, and City
codes and regulations applicable to such work and perform the work in accordance with the
plans and specifications of this contract document. A total of sixty (60) working days will be
allowed for the completion of this project.
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CITY OF RENTON
Henry Moses Aquatic Center Boilers
ATTACHMENT B
to Contract
SECTION 00300-BID FORM
FORM OF PROPOSAL (BID)
for the
HENRY MOSES AQUATIC CENTER BOILERS
1719'Maple Valley Highway
Renton,WA 98057
Bids Due: 4:00 P.M. THURSDAY, March 15, 2012
To: City Clerk, Room#728
Seventh Floor of City Hall
1055 South Grady Way
Renton,WA 98055
The undersigned hereby certifies that they have carefully examined the Contract Documents as defined in
the General Conditions entitled "HENRY MOSES AQUATIC CENTER BOILERS, 1719 Maple Valley
Highway,Renton WA, and have examined.the site of the work and the location where said work is to be
done, and fully understands the manner in which payment is proposed to be made for the cost thereof,
hereby proposes to furnish all materials and to perform all labor which may be required to complete said
work within the time fixed,and upon the terms and conditions provided in said Contract Documents for
consideration of the following amount:
A. BASE BID
For all work shown in the Contract Documents, the sum of: 54 450.00
Washington State Sales Tax: $ 5,172.75
Grand Total Base Bid: $_59,622.75
B. ALTERNATE BIDS
ALTERNATE NUMBER AND DESCRIPTION:
ALTERNATE#1:
XXX: NIA $ N/A
XXX: NIA $ N/A .
Grand Total Alternate#1: N/A $ N/A
B. CONDITIONS OF PROPOSAL
00300.1
HMAC BOILERS BID FORM
1. Determination of Low Bidder:
The owner reserves the right to'Award a Contract'based on the Contractor's Proposal
Amounts for Base Bid and/or Breakdown, in whatever manner is in the Owner's best
interest.
2. Overhead and Profit:
All of the above Bid Prices shall include overhead and profit.
3. Sales Tax:
All of the above Bid Prices shall include Washington State Sales Tax.
C. PERIOD OF BID VALIDITY 1 ACCEPTANCE OF BID
1. BASE BID
The undersigned hereby agrees that this BID as described in paragraph "A"shall be a
in for he period of sixty from closing time for the"Receipt Of
valid and firm offering t pe yg p
Bids."
Acceptance of Bid: Within sixty(60)days after the opening of Form Of Proposal,the City
will act either to accept the Proposal from the lowest responsive,responsible Bidder,or to
reject all Bids. The City reserves the right to request extensions of such Bid acceptance
period.
The acceptance of a Bid will be evidenced by a written Notice of Intent to Award Contract
to the Bidder whose Bid is under consideration for acceptance,together with a request to
furnish a bond (if required),evidence of insurance to execute the agreement set forth in
the Contract Documents, and other designated documents.
D. EXECUTION OF CONTRACT
If written"Notice of Intent to Award Contract".is mailed.,telegraphed,facsimile,or delivered
to the undersigned within the"period of.Bid Validity" noted above,or any time thereafter
before this Bid is withdrawn,the undersigned will,within ten(10)days after the date of
such notification,execute a Contract in the form of the AIA Document A101 "STANDARD
FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR_STIPULATED
SUM", 1997 edition
E. TIME FOR COMPLETION
The undersigned hereby agrees to"FINAL COMPLETION"of all Work outlined in the
Contract Documents within forty(30.)calendar days after receipt of Notice to Proceed with
established Start Date.
F. LIQUIDATED DAMAGES
00300.2
HMAC BOILERS BID FORM
If the Contractor fails to complete the Work by the FINAL COMPLETION DATE (or such
extension of that date which might be granted by the Owner), he agrees to abide by all
provisions of the Contract. In addition, Liquidated Damages in the amount of One
Hundred Dollars($100.00)will be assessed for each calendar day that the Contractor
exceeds the"FINAL COMPLETION DATE."
G. ADDENDUM RECEIPT
Receipt of the following"ADDENDA"to the CONTRACT DOCUMENTS is acknowledged:
Addendum No. NIA Date
Addendum No. NIA Date
H. EXECUTION OF PROPOSAL
Name of Firm W.M. Smith&Associates, Inc.
State License Registration No. 600 334 810
Address P.O. Box 398
City Ellensburg State WA Zip Code 98926
Telephone(509)925-4462 FAX 509)962-4751
The undersigned designates the above as the firm and address to which"NOTICE OF CONTRACT
AWARD" may be mailed, hand delivered or delivered via facsimile.
NOTE: If a Bidder is a corporation,write state of incorporation; and if a partnership,give full names and
addresses of all partners below:
State of Washington
The undersigned certifies that the above is a firm and valid BID to accomplish all.Work and comply with all
requirements of the Contract Documents.
Date March 8 2012
Signature Wa ne M. Smith
Si a Printed
Title President
00300.3
HMAC BOILERS BID FORM
I. ENCLOSURES PROVIDED BY CONTRACTOR
The Contractor shall provide the following enclosure with this Form of Proposal:
1. Non-Collusion Affidavit,Assignment of Antitrust Claims To Purchaser, Minimum Wage
Affidavit Form,which is located in this Specification Section 00400.
2. Certificate of Insurance as specified in Section 00920.
END OF BID FORM
00300.4
HMAC BOILERS BID FORM