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SMALL WORKS CONTRACT AGREEMENT
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THIS AGREEMENT ("Agreement") is made as of the�day of���,�017, (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"), through its
Community Services Department and Seahurst Electric, ("Contractor"), who are collectively
referred to as the "Parties", to Perform Energized and De-Energized Preventive Maintenance on,
Renton Community Center, 1715 Maple Valley Highway. 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 30davs calendar days after the Agreement's Effective Date.
4. Term of A�reement: The Term of this Agreement shall end at completion of the Scope of
Services, no later than 40 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 ($18,397.50) 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 Pavment: 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 negligen�e 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.
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Page 2 of 6
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
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.
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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,
http://www.lni.wa.�ov/Tradeslicensing/PrevWage/default.asp.
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, 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.
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e. Conflicts. In the event of any inconsistencies between contractor proposals
and this contract,the terms of this contract shafl prevail.
f. Governing Law. This Agreement shall be made in and shail be governed by
and interpreted in accordance with the laws of the State of Washington.
g. loint Drafting Effort. This Agreement shall be cansidered for al) 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 ar any of its terms or covenants shal! 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. Severa6ility. R court of competent jurisdiction's determination that any
provision or part ofthis Agreement is illegal or unenforceable shall not cancel or invalidate
the remainder of this Agreement,which shall remain in full force and effect.
j. Sofe and Entfre 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.
1. Waivers. All waivers shall be in writing and signed by the waiving party.
Either party's failure to enforce any provision of this Agreement shal(not be a waiver and
shalt not prevent either Rentan or Contractor from enforcing that provisian or any other
provision af this Agreement in the future. Waiver of breach of any provision of this
Agreement shall nat be deemed to be a waiver of any prior or subsequent breach unless
it is expressly waived in writing.
IN WtTNESS WHEREOF, the Parties have volunta�ily entered into this Agreement as of
Effective Date.
CITY OF RENTON CO TNr~RA�
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1055 South Grady Way •
Renton, Washington 98Q57
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Date Date
Page 5 of 6
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CITY OF RENTON COMMUNITY SERVICES DEPARTMENT
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City Of Renton
SCOPE OF SERVICES
ATTACH M E NT A
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SERY / CE
Providing TEG�Efectrical Services
DESIGNED ELECTRICAL SERVICES
PROJECT AGREEMENT
PROPOSAL DATE PAGE
December 8, 2017 1 of 2
CUSTOMER
City of Renton
1055 South Grady Way
Renton,WA 98057
SERVICES WILL BE PROVIDED AT THE FOLLOWING LOCATIONS:
CITY OF RENTON COMMUNITY CENTER, 1715 MAPLE VALLEY HWY, RErvTotv WA 98057
CONTRACTOR WILL PROVIDE THE FOLLOWING TO THE CUSTOMER
Provide applicable Labor, Tools, Testing Equipment and/or Materials to perform the appropriate testings/tasks
applicable to, and in compliance of NETA, NFPA &IEEE standards, to complete Scope(s)identified below.
BASE SCOPE:
1.Perform a coordinated facility shut-down to perform De-Energized Preventive Maintenance Cleaning,Tightening,Torquing,
Exercising and Testing on the following equipment:
- (1) Automatic Transfer Switch
- (3)Switchgear Sections
- (5)Switchgear Safety Disconnects
2. Perform full load test of ATS system using contractor supplied Caterpillar XQ800,800kW(1000 KVA)self-contained diesel
generator.
3. Perform Basic Agreement Option Energized Testing which includes Visual and Mechanical Inspections, Ultrasonic Service,
Infrared Thermographic lmaging Service, and a 90 day guarantee on the 68 electrical components.This testing to be
performed on a weekday during normal business hours and operation.
BASE SCOPE PRICING TOTAL ................................................................................................. $ 1 6,725.00
2915 Chestnut Street•Everett,Washington 98201•Phone 425-258-1882•Fax 425-259-2794
Website www.seahurst.com•Contractor License SEAHUE1099QN
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Providing TEG�'Electrical Services
DESIGNED ELECTRICAL SERVICES
PROJECT AGREEMENT
PROPOSAL DATE PAGE
December 20, 2017 2 of 2
CLARIFICATIONS 8c EXCLUSIONS
`Pricing is subject to review and subsequent revisions after thirty(30)days from date of issue.
*Pricing is based on work performed during Overtime(OT)&Double Time(DT)Labor performed on a Sunday, within a(8)hour downtime
window,�outside Standard Time(S�Hours Monday—Friday.
"`If this scope of work is caused to be interrupted by or for the convenience of the customer or cannot be peiformed according to the agreed
upon schedule and/or scope,additional charges may app/y.
*Pricing excludes any/all necessary Utility Shut-Down costs and/or necessary EDS Temporary Power.
"Pricing excludes any/all necessary Equip/Component Replacement(s).
"`Pricing excludes any/all NEC Code Corrections/upgrades to existing Equipment and/or installations.
"Pricing excludes any/all applicable State/Federal Sales Taxes.
TERMS OF PAYMENT:
Balance due upon project completion.
PROPOSALACCEPTANCE:
CONTRACTOR CUSTOMER
BY BY
DATE DATE
Bo Kendall Jeffrey Minisci
Electrical Services Specialist
Seahurst Electric,Inc./TEGG Services City of Renton
2915 Chestnut Street•Everett,Washington 98201•Phone 425-258-1882•Fax 425-259-2794
Website www.seahurst.com•Contractor License SEAHUE1099QN