HomeMy WebLinkAboutContract CAG-17-207
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SMALL WORKS CONTRACT AGREEMENT
Gene Coulon Parking Lot Striping Project
THIS AGREEMENT("Agreement") is made as of the '�� day of November, 2017, (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 Blue Marine
LLC, ("Contractor"), who are collectively referred to as the "Parties", to perform parking lot
striping within Gene Coulon Memorial Park located at 1201 Lake Washington. Blvd. North, Renton
WA 98056. 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. Chan�es 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. Contractor shall perform
all work for "Area 4" (as Area 4 (the North Parking Area) is described in Exhibit A) prior to
commencing work for Areas 1, 2, or 3.
4. Term of A�reement: The Term of this Agreement shall end at the earlier of(1) completion
of the Scope of Services which completion shall occur no later than 60 days from the
Effective Date (2) early termination by Renton as provided in this Section. Early
termination by Renton: Renton retains the right, at its sole option and discretion, to
terminate this Agreement in whole or in part upon Contractor's completion of work for
Area 4 (North Parking AreaJ if Contractor's work is not done in a timely and satisfactory
manner. This Agreement may be extended to accomplish change orders, if required, upon
mutual written agreement of Renton and Contractor.
5. A�reement Sum: As set forth in Exhibit A,the not to exceed amount of this Agreement is
13 197.80 which includes Washington State Sales Tax. Compensation shall be paid on
the actual work performed. The not to exceed 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.
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.
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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:
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
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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. Prevailin�Wa�e 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,
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13. Record Keepin� and Reportin�: 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
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, seekjudicial 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.
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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 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 Malen� Regional Justice
_�.
Center in Kent, King County, Washington, orr�t•s replacement or,,suscessor.
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.
I. 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.
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IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of
Effective Date.
CITY OF RENTON CONTRACTOR
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Ke1 Beym r Kimberly Fichter, Managing Member
Blue Marine, �LC
1055 Sauth Grady Way 1425 Broadway#20097
Renton, Washington 98057 Seattle, Washington 98112
��l�f� ? November 6, 2017
Date Date
Approved as to Legal Form
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Shane Moloney�
Renton City Attorney
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Date
Contract Tempiate Updated 05/30/2017
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Gene Coulon Parking Lot Striping Project
Attachment A
CITY OF RENTON
COMMUNITY SERVICES DEPARTMENT
Parks and Golf Course Division
Renton City Hall, 1055 South Grady Way
Renton, WA 98057
c/o Steve Brown, Parks Maintenance Manager
(425) 430-6618, cell (425) 766-6190
SCOPE OF WORK
SCOPE OF WORK: PARKING LOTS AND ROAD STRIPING
The contractor shall provide all labor, materials and equipment to complete the following
tasks:
• Re-stripe all areas to original parking lot configuration using line-laser technology
• Includes all parking stall striping, curbing and markings
• Includes all stenciling including, but not limited to:
1. ADA parking stalls
2. "DRAINS TO LAKE" around storm drains
3. "NO PARKING FIRE LANE"
4. "STOP"
5. "DUMP STATION USE ONLY"
• Replace buttons where they currently exist
• Perform parking lots and road striping in the following order:
1. AREA 1 = BOAT LAUNCH PARKING AREA
• Paint parking stall lines for vehicles with trailers with sequential
numbering; measure from existing white lines and not the broken-up
yellowish lines
• Paint one (1) parking stall nearest the Dump Station with stencil
"DUMP STATION USE ONLY"
• Paint parking stall lines for vehicles without trailers
• Paint parking stall lines with ADA stencils (blue background) and white
hatched walk-ways
• Paint arrows
• Add stop bar at stop sign area before boat launch
• Paint one (1) 24" "STOP" stencils at stop sign before boat launch
• Add white hatching to crosswalk closest to boat launch area
• Paint launch lane lines and numbers at boat launch area
• Otherwise match existing lines and curb colors
• Inspection by Community Services staff before moving to next area
Gene Coulon Parking Lot Striping Project
Attachment A
2. AREA 2 = SOUTH PARKING AREA
• Paint parking stall lines for vehicles
• Paint parking stall lines with ADA stencils (blue background) and white
hatched walk-ways
• Paint arrows
• Add red paint to curb on either side of approach to fire lane gate
• DO NOT paint over yellow curbing to south of playground area closest
to apartment complex (currently yellow, but don't need to repaint); and
DO paint parking stall lines
• Otherwise match existing lines and curb colors
• Inspection by Community Services staff
3. AREA 3 = RESTAURANT PARKING AREA
• Paint parking stall lines for vehicles
• Reconfigure four (4) ADA parking stall lines along west row to make
four compliant ADA stalls
• Paint arrows
• Otherwise match existing lines and curb colors
• Inspection by Community Services staff
4. AREA 4 = NORTH PARKING AREA
• Paint parking stall lines for vehicles
• Paint parking stall lines with ADA stencils (blue background) and white
hatched walk-ways
• Add white hatching to crosswalk located on north side of north vehicle
entrance
• Otherwise match existing lines and curb colors
• Inspection by Community Services staff
• Remove all trash and debris upon completion of work
• Limited lifetime warranty on materials; 1 year warranty on labor
JOB LOCATION
GENE COULON MEMORIAL BEACH PARK
1201 Lake Washington Boulevard N
Renton, WA 98057
(425) 430-6646, cell (425) 766-6202
Dana Appel, Parks Supervisor
Gene Coulon Parking Lot Striping Project
Attachment A
SPECIFICATIONS
1. Bidder/Contractor to be responsible to measure and verify dimensions, site
conditions and other relevant project information.
2. Bidder/Contractor responsible for the security of the project sites for the duration
of the project.
3. Bidder/Contractor shall perform work during the hours of 7:00 am to S:OOpm,
Monday through Friday. Work performed outside of that timeframe would need
to be mutually agreed upon between owner and contractor.
4. Bidder/Contractor shall provide a cost estimate for each project area with a grand
total for the overall project.
5. Bidder/Contractor will be responsible for blocking off parking areas as required to
complete the project. Parks Staff can coordinate gate openings/closings to assist
with this process.
6. Contractor shall use 1 coat of Sherwin Williams set fast traffic paint in all areas.
7. This project is subject to prevailing wage. Contractor will be required to 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.
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Blue Marine, LLC
WA Contractor License: BLUEMML832CZ
506 2�d Avenue,Suite 1400
Seattle,WA 98104
October 2, 2017
City of Renton
Community Services Oepartment
Parks and Golf Course Oivision
Attention: Cailin Hunsaker, Parks and Golf Course Director/Steve Brown, Parks Maintenance Manager
1055 South Grady Way
Renton WA 98057
Re: Coulon Parking Lot Striping Project
Dear Ms. Hunsaker/Mr. Brown,
Blue Marine, LLC appreciates the opportunity to provide pricing for the painting of the Gene Coulon
Memorial Beach Park Parking Lot. We look forward to working with you. Should you have any questions or
need additional information, please contact me directly at (253) 225-8228 or by email at
jakefichter c�bluern��inzllc.com.
Sincerely,
lake Fichter
Managing Member, PMP, SSBB
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October 2, 2017
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Item Price 0Le , °`e
Area 1= Boat Launch Parking Area $4,212
Area 2=South Parking Area $3,820
Area 3= Restaurant Parking Area $2,204
Area 4= North Parking Area $1,762
Total Fixed price to paint the Coulon Parking Lot in accordance with the RFQ 11 998
dated September 27, 2017
Extra Work Pr1Ce Note�
Additional Requested Third-Party Services, Material and/or Equipment: Cost+10%
Items Not Otherwise Addressed: Cost+10%
Notes:
1) Quoted rates do not include sales tax. Any applicable sales taxes will be charged in addition to the
quoted rates.
2) Breakdown of pricing is for information and accounting purposes only. Contractor reserves the right
to adjust pricing should the City of Renton elect to remove any part of the work.
II. Quali�icatioils:
Blue Marine, LLC ("Contractor") prepared this quotation for the City of Renton, Community Services
Department, Parks and Golf Course Division ("Renton") under the following qualifications.
1) Contractor acknowledges receipt of the original RFQ dated September 27, 2017.
2) Contractor's bid price is based on the assumption that no bonds are required for this contract. Should
the contract require a bond, Contractor would elect retainage of 10% of the contract amount in lieu
of bonds in accordance with RCW 39.08.010.
3) This proposal shall remain valid for a period of thirty(30) days from the date of submission.
4) If after the date of this proposal there is any change to or change in interpretation of relevant laws,
rules or regulations, increased insurance requirements, or increased liability which increases
Contractor's cost or time to perform the work, then Contractor will be entitled to a mutually agreed
upon adjustment in compensation for its increased costs. Such adjustments will be calculated and
mutually agreed upon between Renton and Contractor prior to commencement of the associated work.
5) Contractor's proposal is submitted subject to the negotiation of a mutually agreeable contract.
6) Contractor will not be liable for delays to work due to adverse weather and environmental conditions,
permitting,licensing and other government driven processes that are outside of the Contractor's direct
control. If such delays occur, Contractor will be entitled to a mutually agreed upon adjustment in
compensation for its increased costs related to the delays. Such adjustments will be calculated and
mutually agreed upon between Renton and Contractor prior to commencement of the associated work.
7) Contractor equipment and personnel are quoted subject to availability.Starting time for this work will
be mutually agreed between the parties giving consideration to the availability of Contractor's
personnel, equipment and favorable forecasted weather conditions.