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HomeMy WebLinkAboutContract CAG-17-207 GITY OF __.�.r� �'�;:' ��� �� '4`'�., 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. Page 2 of 6 "" � � . � �r/ 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 Page 3 of 6 ' ' � 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, Ei�.l ;��Wl�tllV.�t�l.�"'� �C3V TI'dC�E.S�I;�3�� �t-urr�'EC'1.��a�?�'�GE'T3ta��.tiS(�. ��.�� _._ .�__r.______.��___�_._._ �_ 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. Page 4 of 6 = � �+"` 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. Page 5 of 6 � � ' ��' � IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective Date. CITY OF RENTON CONTRACTOR �� � � 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 � � �►t �.r Shane Moloney� Renton City Attorney Il ���l7 Date Contract Tempiate Updated 05/30/2017 I { � i � i I ; 3 j � % � i � � J " i 3 ; ...,�- ^"" � ;J � Page 6 of 6 � 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. � , ��`��V1I�-e-.�-�� � � 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 ..�;e���.�:.v-�,�� -�;..��:�:..�-.��w_.•,-..,� , , ,.,..�_ - �...��:.�.: . . . �:�.. , .�:�;�.-r..ir. October 2, 2017 Page 2 T �. .)ti�t.�b��� 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.