HomeMy WebLinkAboutContractSMALL WORKS CONTRACT AGREEMENT
THIS AGREEMENT (“Agreement”) is made as of the ͺͺͺ day of ͺͺͺͺͺͺͺͺ, ͺͺͺ, (the “Effective
Date”) by and between the City of Renton, a non-charter code city under RCW 35A and a
municipal corporation under the laws of the State of Washington (“Renton”), and PSR
Mechanical, (“Contractor”), who are collectively referred to as the “Parties”, to Installation of
New HVAC Split System at Public Works Building A in a New Space. Renton and Contractor agree
as set forth below.
1. Scope of Services: Contractor will provide all material and labor necessary to perform all
work described in the Proposal which is attached and fully incorporated into this
Agreement by reference as Attachment “A.”
2. Changes in Scope of Services: Renton, without invalidating this Agreement, may order
changes to the Scope of Services consisting of additions, deletions or modifications, the
Agreement Sum being adjusted accordingly by Parties mutual agreement. Such changes
in the work shall be authorized by written Change Order signed by the Parties.
3. Time of Performance: Contractor shall commence performance of the Agreement no later
than (30 days) calendar days after the Agreement’s Effective Date.
4. Term of Agreement: The Term of this Agreement shall end at completion of the Scope of
Services, no later than 60 days from the Effective Date. This Agreement may be extended
to accomplish change orders, if required, upon mutual written agreement of Renton and
Contractor.
5. Agreement Sum: The total amount of this Agreement is the sum of ($18,144.60) which
includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed
amount based on changes to the Scope of Services.
6. Consideration: In exchange for Contractor’s performance of the items and responsibilities
identified in the Scope of Services, Renton agrees to make payment of the amount
identified as the Agreement Sum.
7. Method of Payment: Payment by Renton 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 Renton. Payment of the initial 95% will be made in the next pay cycle of the Renton
Finance Department after receipt of such voucher or invoice (pay cycles are bi-weekly).
The remaining 5% will be retained for the purpose of completion of the project and
fulfillment of claims and liens. Renton shall have the right to withhold payment to
Contractor for any work not completed in a satisfactory manner until such time as
Contractor modifies such work so that the same is satisfactory.
CAG-21-146
7th June 2021
PAGE 2 OF 6
8. Hold Harmless: Contractor shall indemnify, defend and hold harmless Renton, its elected
officials, officers, agents, employees and volunteers, from and against any and all claims,
losses or liability, or any portion of the same, including but not limited to reasonable
attorneys’ fees, legal expenses and litigation costs, arising from injury or death to persons,
including injuries, sickness, disease or death of Contractor’s own employees, agents and
volunteers, or damage to property caused by Contractor’s negligent act or omission,
except for those acts caused by or resulting from a negligent act or omission by Renton
and its officers, agents, employees and volunteers.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate…) then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
contractor and Renton, its officers, officials, employees and volunteers, Contractor’s
liability shall be only to the extent of Contractor’s negligence.
It is further specifically and expressly understood that the indemnification provided in this
Agreement constitute Contractor’s waiver of immunity under the Industrial Insurance Act,
RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually
negotiated and agreed to this waiver. The provisions of this section shall survive the
expiration or termination of this Agreement.
9. Insurance: Contractor shall secure and maintain:
a. Commercial general liability insurance in the minimum amounts of $1,000,000 for each
occurrence/$2,000,000 aggregate for the Term of this Agreement.
b. Professional liability insurance, in the minimum amount of $1,000,000 for each
occurrence, shall also be secured for any professional services being provided to
Renton that are excluded in the commercial general liability insurance.
c. Workers’ compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
d. It is agreed that on Contractor’s commercial general liability policy, the City of Renton
will be named as an Additional Insured on a non-contributory primary basis. Renton’s
insurance policies shall not be a source for payment of any Contractor liability.
e. Subject to Renton’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to Renton before executing the work of this
Agreement.
f. Contractor shall provide Renton with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
10. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Contractor agrees as follows:
PAGE 3 OF 6
a. Contractor, and Contractor’s agents, employees, representatives, and volunteers with
regard to the services performed or to be performed under this Agreement, shall not
discriminate on the basis of race, color, sex, religion, nationality, creed, marital status,
sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of services or any other benefits
under this Agreement, or procurement of materials or supplies.
b. The Contractor will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
c. If Contractor fails to comply with any of this Agreement’s non-discrimination
provisions, Renton shall have the right, at its option, to cancel the Agreement in whole
or in part.
d. Contractor is responsible to be aware of and in compliance with all federal, state and
local laws and regulations that may affect the satisfactory completion of the project,
which includes but is not limited to fair labor laws and worker's compensation.
11. Independent Contractor: Contractor’s employees, while engaged in the performance of
any of Contractor’s services under this Agreement, shall be considered employees of the
Contractor and not employees, agents, representatives of Renton and as a result, shall not
be entitled to any coverage or benefits from the City of Renton. Contractor’s relation to
Renton shall be at all times as an independent contractor. Any and all Workman’s
Compensation Act claims on behalf of Contractor employees, and any and all claims made
by a third-party as a consequence of any negligent act or omission on the part of
Contractor’s employees, while engaged in services provided to be rendered under this
Agreement, shall be the solely Contractor’s obligation and responsibility.
12. Prevailing Wage Rates: Contractor must comply with the State of Washington prevailing
wage requirements. 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,
http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp.
13. Record Keeping and Reporting: 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 and copies of
PAGE 4 OF 6
any records related to this Agreement as required by the City to audit expenditures and
charges and/or to comply with the Washington State Public Records Act (Chapter 42.56
RCW).
14. Public Records Compliance. To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Contractor shall make a due diligent search
of all records in its possession, including, but not limited to, e-mail, correspondence,
notes, saved telephone messages, recordings, photos, or drawings and provide them to
the City for production. In the event Contractor believes said records need to be protected
from disclosure, it shall, at Contractor’s own expense, seek judicial protection. Contractor
shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees,
attendant to any claim or litigation related to a Public Records Act request for which
Contractor has responsive records and for which Contractor has withheld records or
information contained therein, or not provided them to the City in a timely manner.
Contractor shall produce for distribution any and all records responsive to the Public
Records Act request in a timely manner, unless those records are protected by court order.
15. Other Provisions:
a. Administration and Notices. Each individual executing this Agreement on behalf of
Renton and Contractor represents and warrants that such individuals are duly
authorized to execute and deliver this Agreement on behalf of Renton or Contractor.
Any notices required to be given by the Parties shall be delivered at the addresses set
forth below. Any notices may be delivered personally to the addressee of the notice
or may be deposited in the United States mail, postage prepaid, to the address set
forth below. Any notice so posted in the United States mail shall be deemed received
three (3) calendar days after the date of mailing. This Agreement shall be administered
by and any notices should be sent to the undersigned individuals or their designees.
b. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
c. Assignment and Subcontract. Contractor shall not assign or subcontract any portion
of this Agreement without the City of Renton’s prior express written consent.
d. Compliance with Laws. 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. A copy of this language must be made a part of any contractor or
subcontractor agreement.
e.Conflicts. In the event of any inconsistencies between contractor proposals and this
contract, the terms of this contract shall prevail.
f. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
g. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
PAGE 5 OF 6
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
h.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor.
i.Severability. A court of competent jurisdiction’s determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
j.Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
k.Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
l.Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either Renton or Contractor from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
----------------------------
(approved via email from Cheryl Beyer)
CityofRenton–PublicWorks–HVACProject
April7th,2021(Wednesday)–11:00AMtill12:00PM
x Location:
o PublicWorks(3555NE2ndStreet,Renton,WA98057)
x WorkScheduled:
o WeekdayWork(MondaythruFriday)
o WorkHours(ToBeDetermined)
Thiswillneedtobescheduledwitheachlocation.
o StartDate(TobeDetermined)
x WalkThruofWorkArea
o QuestionscanbeaskedduringWalkthroughbutonceithasbeencompleted;
facilitiescannotanswerquestionsafterthewalkthrough.
x Expectations:
o ThisisaPrevailingWageProject.
o ArriveonTimewhenScheduledforeachlocation.
o ProvideandscheduleallPermits,andinspectionsassociatedwiththeProject.
o InstallationofanewhighͲefficiencyHVACSystemandnewthermostatand
controlforaspace.
o CleanupandRemovalofdebrisfromLocationonceworkiscompleted.
o Walkthroughonceallworkhasbeencompletedtoensureallworkhasbeen
accomplished.
o ProvideCloseoutDocuments.
x BidDueDate:
o DeadlineforBidsisApril14th,2021at5:00PM
o WewillnotacceptBidsafterthedeadline.
o BidsmustbeSubmittedViaEmailandsenttoegrube@rentonwa.gov
o TheLowestResponsibleBidderwillbenotifiedviaPhoneCallorEmailthatthey
havewontheSmallWorksProject.
o Ifyouarenotcontactedwithin1weekaftertheDeadlinelistedbelow;youhave
notbeenselectedfortheSmallWorksProject
o Ifyouwanttofindoutaboutthewinningbidorotherbids,pleasesubmita
PublicRecordsRequestatCityClerksOffice.
Confidential & Proprietary
City of Renton Public Works Ductless Split System Installation
Project Proposal
PP215455
May 10, 2021
Prepared for:
City of Renton
City of Renton-Public Works
3555 NE 2nd Street
Renton, WA 98057
3132 NE 133rd Street
Seattle, WA 98125
(206) 367-2500
www.psrmechanical.com
Attachment A
PSR Mechanical | Project Proposal PP215455
Confidential & Proprietary
Client Objectives
Install Mitsubishi ductless split system to serve office area
x Provide heating and cooling to area that previously was used as a storage area and is now being used as office
space.
x Area being converted to office space is only served by an exhaust fan currently.
x Based on feedback from Edward Grube and his discussions with City of Renton Permitting Department no
ventilation or insulation upgrades are required due to the small area and low number of occupants in the space.
This will be dependent upon successful permit review process with the City of Renton, if additional changes are
required they are outside the scope of this proposal.
PSR Mechanical | Project Proposal PP215455
Confidential & Proprietary
Project Agreement
By and Between
Company: Client:
PSR Mechanical City of Renton
3132 NE 133rd Street 3555 NE 2nd Street
Seattle, WA 98125 and Renton, WA 98057
(206) 367-2500
Edward Grube
(Herein after referred to as "Company" ) (Herein after referred to as "Client" )
Company will provide the enclosed scope of work [PP215455, Install Mitsubishi Ductless Split System] at the
following location(s):
City of Renton-Public Works
3555 NE 2nd Street
Renton, WA 98057
Scope of Work
Provide and install one Mitsubishi 1 ton ductless split system heat pump per PSR Mechanical design. Design is
based on site visit on May 4th, 2021.
1. One new Mitsubishi ductless split system heat pump with one wall mounted indoor unit.
a. Nominal 1 ton capacity
b. 13 EER/ 23.1 SEER
c. 12.5 HSPF
d. Indoor unit located mounted on West wall of new office area.
e. Outdoor unit located mounted on exterior West wall of new office area.
2. Refrigeration piping and specialties, as follows:
a. All new refrigeration copper piping line set from indoor to outdoor unit.
b. New pipe supports and hangers.
c. Piping insulation, including jacketing to protect insulation from UV and birds where
exposed to the exterior.
3. New penetration through West wall of new office area for piping run.
4. Pressure test, evacuate and charge refrigeration piping.
5. Added refrigerant, as needed to meet factory specifications.
6. Condensate removal, as follows:
7. PVC condensate drain pipe, fittings, and pipe supports to connect to nearest existing drain.
a. Clean out of existing drain pipe, if required, is not included.
b. Condensate pump to assist condensate drain.
8. Start and test to factory specifications by authorized PSR technicians
9. Permit application, fees, and coordination included for:
PSR Mechanical | Project Proposal PP215455
Confidential & Proprietary
a. Mechanical permit
10. One year parts and labor warranty on new equipment and materials provided by PSR
Mechanical
11. Additional part warranties provided by the equipment manufacturer, per individual
manufacturers’ terms and conditions.
Subtotal for the above scope of work……………………………………………………………………………………………………. $11,341.00
Sales tax @ 10.1%............................................................................................................................................$1,145.44
Total cost.......................................................................................................................................................$12,486.44
Alternate#1
Add to the base scope of work to include electrical necessary for adding ductless split system, including
the following:
1. Line voltage modifications, by PSR subcontractor.
a. Install new 15A electrical circuit to power outdoor unit.
b. Provide and install one new breaker receptacle
c. Electrical connection of outdoor to indoor unit.
d. Electrical permit and inspections
e. New 110v GFCI outlet within 25 of new equipment, per code.
Add to the base scope of work…………………………………………………………………………………..………………$5,129.00
Approved:
Notes and Clarifications
x Based on feedback from Edward Grube, Facilities Technician Supervisor and his discussions with
City of Renton Permitting Department no ventilation or insulation upgrades are required due to
the small area and low number of occupants in the space. This will be dependent upon
successful permit review process with the City of Renton, if additional changes are required they
are outside the scope of this proposal.
x Outdoor area outside of new office space where condensing unit will be installed to be
determined. If landscaping/bushes need to be removed that is to be completed by others and is
not within the scope of this proposal.
PSR Mechanical | Project Proposal PP215455
Confidential & Proprietary
Extended Warranty
An extended one-year warranty (two years total) is available on this equipment if covered under one of PSR's
comprehensive service programs.
Exclusions
• Overtime and Weekend Labor
• Electrical Service Outlet
• Fire Alarm System Interlocks
• Smoke Detector
• Structural Engineering
• Structural Modifications
• Acoustical Engineering
• Equipment Screening
• Equipment Slab
• Cut, Patch, and Paint
• Air Balance
• Asbestos Removal
• Ventilation modifications/upgrades
•Landscaping/removal of bushes
• Building envelope insulation modifications
• Correction of Sub-Standard Code Conditions
• Repairs/Modifications to Existing Controls
Payment Terms
Thirty percent (30%) down payment due upon acceptance. Month progress billings per Terms and Conditions
enclosed. Balance due within ten (10) days of receipt of invoice upon project completion. The proposal is the
property of the Company and is provided for Client's use only. Company guarantees the price stated in this
Agreement for thirty (30) days from proposal date above.
Company Client
Ryan Johnson Project Manager
Print Name
Approved for Company by: Signature
David Parks President
Title
Date Date
PSR Mechanical | Project Proposal PP215455
Confidential & Proprietary
Terms and Conditions
As a condition of performance, payments are to be made on a progress basis. Invoice payment must be made
within ten (10) days of receipt. Any alteration or deviation from the above proposal involving extra cost of material
or labor will become an extra charge over the sum stated above. This proposal will become a binding Agreement
only after acceptance by Client and approved by Company's authorized agent by their signatures below. This
Agreement sets forth all of the terms and conditions binding upon the parties hereto, and no person has authority
to make any claim, representation, promise, or condition on behalf of Company which is not expressed herein.
1. Company warrants that the workmanship hereunder shall
be free from defects for one (1) year from date of
installation. If any replacement part or item of equipment
proves defective. Company will extend to Client the
benefits of any warranty Company has received from the
manufacturer. Removal and reinstallation of any
equipment or materials repaired or replaced under a
manufacturer's warranty will be at Client's expense and at
the rates then in effect. Company warrants the title to the
materials and equipment furnished to the Client pursuant
to this Agreement.
2. Client shall permit Company free and timely access to
areas and equipment, and allow Company to start and
stop the equipment as necessary to perform required
services. All planned work under this Agreement will be
performed during Company's normal working hours.
3. Client will promptly pay invoices within ten (10) days of
receipt. Should a payment become thirty (30) days or
more delinquent, Company may stop all work under this
Agreement without notice and/or cancel this Agreement,
and the entire Agreement amount shall become due and
payable immediately upon demand. Furthermore, Client
shall purchase and maintain insurance covering all
interests of the Company in the work, naming the
Company as a loss payee and entitling the Company to
receive payment including the total unpaid balance of the
Agreement Price in the event of loss or damage including,
but not limited to, loss or damage caused by fire, theft,
vandalism or other perils. Client shall bear all costs of such
insurance including, but not limited to, premiums,
administrative expenses, and deductibles.
4. Client shall be responsible for all taxes applicable to the
services and/or materials hereunder.
5. Any alteration to, or deviation from, this Agreement
involving extra work, cost of material or labor will become
an extra charge (fixed-price amount to be negotiated or on
a time-and-material basis at Company's rates then in
effect) over the sum stated in this Agreement.
6. In the event Company must commence legal action in
order to recover any amount payable under this
Agreement, Client shall pay Company all court costs and
attorneys' fees incurred by Company.
7. Any legal action relating to this agreement, or the breach
hereof, shall be commenced within one (1) year from the
date of the work.
8. Company shall not be liable for any delay, loss, damage or
detention caused by unavailability of machinery,
equipment or materials, delay of carriers, strikes, including
those by Company's employees, lockouts, civil or military
authority, priority regulations, insurrection or riot, action
of the elements, forces of nature, or by any cause beyond
its control.
9. To the fullest extent permitted by law, Client shall
indemnify and hold harmless Company, its agents and
employees from and against all claims, damages, losses
and expenses, including but not limited to attorneys' fees,
arising out of or resulting from the performance of work
hereunder, provided that such claim, damage, loss or
expense is caused in whole or in part by any active or
passive act or omission of Client, anyone directly or
indirectly employed by Client, or anyone for whose acts
Client may be liable, regardless of whether it is caused in
part by the negligence of Company.
10. Client shall make available to Company's personnel all
pertinent Material Safety Data Sheets (MSDS) pursuant to
OSHA'S Hazard Communication Standard Regulations.
11. Company's obligation under this agreement and any
subsequent contract does not include the identification,
abatement or removal of asbestos or any other toxic or
hazardous substances, hazardous wastes or hazardous
materials, or any fungus(es) or spore(s); substance, vapor
or gas produced by or arising out of any fungus(es) or
spore(s); or any material, product, building component or
structure that contains, harbors, nurtures or acts as a
medium for any fungus(es) or spore(s). In the event such
substances, wastes and materials are encountered,
Company's sole obligation will be to notify the Owner of
their existence. Company shall have the right thereafter to
suspend its work until such substances, wastes or
materials and the resultant hazards are removed. The time
for completion of the work shall be extended to the extent
caused by the suspension and the contract price equitably
adjusted.
Company expressly disclaims any and all responsibility and
liability for the indoor air quality of the Client's facility,
including without limitation, injury or illness to occupants
of the facility or third parties, or any damage to the Client's
facility, arising out of or in connection with the Company's
work under this agreement, including without limitation
any illness, injury or damage resulting in any manner from
any fungus(es) or spore(s), any substance, vapor or gas
produced by or arising out of any fungus(es) or spore(s),
or any material, product, building component or structure
that contains, harbors, nurtures or acts as a medium for
any fungus(es) or spore(s).
12. Client shall bear the risk of loss, destruction, or damage to
all materials and equipment upon arrival of such materials
and equipment at the Client's premises. Client shall also
bear the risk of any loss, destruction, or damage to the
work performed by the Company.
13. UNDER NO CIRCUMSTANCES, WHETHER ARISING IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR
OTHERWISE, WILL COMPANY BE RESPONSIBLE FOR LOSS
OF USE, LOSS OF PROFIT, INCREASED OPERATING OR
MAINTENANCE EXPENSES, CLAIMS OF CLIENT'S TENANTS
OR CLIENTS, OR ANY SPECIAL INDIRECT OR
CONSEQUENTIAL DAMAGES.
PSR Mechanical | Project Proposal PP215455
Confidential & Proprietary
Disclaimer and Limitation of Liability:
Design and as-built drawings prepared by Company and proposal information including scope of
work/specifications, as defined by Company, are intended for the exclusive use of Compnay. If these drawings,
proposal information, and specifications are used by any person or business entity other than Company, Company
disclaims all warranties on the use of this information, either express or implied or otherwise, including but not
limited to implied warranties of merchantability, fitness for a particular use, and non-infringement.
Under no circumstances, will Company be liable to any person or business entity for any direct, indirect, special,
incidental, consequential, punitive, or other damages based on the use of this information, including, without
limitation, any lost profits, or business interruption. This is a comprehensive limitation of liability that applies to all
losses and damages of any kind. If you are dissatisfied with the information, your sole and exclusive remedy is to
discontinue using the information.
"NOTICE TO CLIENT"
This Company is registered with the state of Washington, registration No. PSRHVMS924JT as a general and has
posted a bond or cash deposit of $12,000.00 for the purpose of satisfying claims against the Company for negligent
or improper work or breach of contract in the conduct of the Company's business. This bond may not be sufficient
to cover a claim which might arise from the work done under your contract. If any employee of the Company or
subcontractor is not paid by the Company or subcontractor on your job, your property may be liened to force
payment. If you wish additional protection, you may request the Company to provide you with original, "LIEN
RELEASE" documents for each supplier or subcontractor on your project. The Company is required to provide you
with further information about lien release documents if you request it. General information is also available from
the Department of Labor and Industries.
By signing the below line, you are confirming that you have read and understand this paragraph and that you agree
to the Terms and Conditions listed above.
Signature: Date: