HomeMy WebLinkAboutContract CAG-18-064
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SMALL WORKS CONTRACT AGREEMENT
THIS AGREEMENT("Agreement")is made as of the f1) day of 2018,(the"Effective
Date") by and between the City of Renton, a non-charter coded under RCW 35A, and a
munidpal corporation under the laws of the State of Washington ("Renton"), through its
Community Services Department and Stellar Enterprises LLC, ("Contractor"), who are
collectively referred to as the "Parties",to FS 14 Water Restoration Project replacing GWB and
tile where removed by the City of Renton at 1900 Lind Ave., Renton, WA 98057. 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 Exhibit"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 forty five(45)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 45 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. Acreement Sum: The total amount of this Agreement is the sum of$59,400.00 Base Bid,
Alternate#2 and Alternate#3 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.
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.
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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.
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
0
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Washington State Department of Labor and Industries,
htto://www.lni.wa.gov/Tradeslicensing/PrevWage/default.aso.
13. Record Keeping and Reporting: Contractor shalt 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
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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 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 exdusive 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.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of
Effective Date.
CITY OENTON CONTRACTOR
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Denis Law, Mayor c Locke
Stellar Enterprises LLC
/// 800 5th Ave.#100-395
Seattle,WA 98104
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PAGE$OF6
206-551-6797
1055 South Grady Way
Renton,Washington 98057
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Date Date
Approved as to Legal Form Attest
.0441.e % r
Shane Moloney Jason ' th
Renton City Attorney Rento City Cler
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Date Date
Contract Template Updated 12/29/2017 r Ic"i,,i
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PAGE 6 OF 6
Fin;station 14 EXHIBIT A
Water Restoration Project BID FORM
v N
CITY OF RENTON
MAIL TO:CITY CLERK 1055 GRADY WAY,RENTON,WA,98451
HAND DELIVER TO:OFFICE OF THE COY CLERK
SEVENTH FLOOR,RENTON CITY HALL
1055 GRADY WAY,RENTON,WA,98057
1 BID FORM
In compliance with the contract documents,the following bid farm is submitted:
1) BASE BID
1a)BASE BID:
c4 y 3j x +44441-4444,1 .e 144- h u Ad r�,r( $ 36g00-1.14')
(Men) ( )
1 b)SALES TAX ON BASE BID(The combined sates tax rate for Renton,WA it tt),s;): $ 3't 0 . CO
(Venn*)
1 c)TOTAL BASE BID
/co r-i-/ 44.6 a tQmr..t 113 14.1444 evedf art 4,.;3.h ., S � ( -p O . y
CO
Mean)
2) BID ALTERNATES
The undersigned proposes to perform work caged for In the tolowing alternates bleated on the Contract Documents,for the following
resulting addWons and or deletions to the Basic Bid.The bidder agrees to hind the foHowbm Stellate bk1 picas for sixty(60)consecuthte
calendar days tom the date designated for receipt of bkis.
A 1. Base Bid for Agnate No.1
Remove exbting undisturbed Be and replace with new:
ADD $ e/200 . C)
(Numeric)
A.2. Sales Tax on Alternate No.1(The combined sales tax rate for Renton,WA is 10%):
ADD $ 4124 .dv
(Numentc)
A.3. TOTAL FOR ALTERNATE No.1: TOTAL ADD I /O /2-0. UJ
(NumaNc)
Page 1 of 3
INTENTIONALLY LEFT BLANK
Fire Station 14
Water Restoration Protect BID FORM
8.1. Base Bid for Alternate No.2
Remove existing 4 shower stalls and replace veldt new Ned stags:
ADD $ /60oo. go
Monk
8.2. Sales Taxon Alternate No.2,(The combined sales tax rate lar Renton,WA Is 10%):
ADD I 16 ao. aJ
(Nomertc)
13.3. TOTAL FOR ALTERNATE No.2: TOraL ADD : 17 '°b . d U
(Wwnerto
C.1. Base Bid for Alternate No.2
Add eve(5)4 gang electrical outlets In Trailing Room:
ADD $ 12.00.0'0
(Numeric)
C.2. Sales Tax on Alternate No.2,(The combined sates tax rate for Renton,WA 1st"):
ADD 1 I Zv. C1u
(moment)
C.3. TOTAL FOR ALTERNATE No.2 TOTAL ADD ! 117-0. 00
(N
The City reserves the right to accept or reject any oral bid prices within sixty(60)days of the bid date.
TIME FOR COMPLETION:
Contract Time -The undersigned hereby agrees to Substantially Complete all the work under the Base Bid (and accepted
Alternates)within 30 calendar days after the date of Notice to Proceed.
Arran Completion—Al the Work shall be fully and finally completed within 10 calendar days after the date of Substantial
Completion.
RECEIPT OF ADDENDA
Receipt of the following addenda is acknowledged:
Addendum No. 1 Addendum No.
Addendum No. 7— Addendum No.
Page 2 of 3
INTENTIONALLY LEFT BLANK
Fre Station 14
Water Restwatlon Project Bit)FORM
Name of fpm . 1104- EA-tier 3.es Li C.
NOTE:II Bidder isa coma vette State oftnc atk m,d a penership,give toff names and addresses of al parties below.
Signed by Official Capacity /444.11,-e,--
Print Name -j+a w L.c&e.
Address $o a we.. ` 1 a 1.4 q S
City -.5 .4-14-6L. State WA Zip Code q 8/c)St
Date 3/l`Z ill Telephone 2-o if-$:5-1- b/9'! FAX
State of Washington Contractors license No. ST&1-L 41.
UBI # o _ /57- /2-5- E-mall address: S&l(ar-e.. E-e-psusLk m j*I4Al; . i41
Employment Security Department No. 4 s—5 ' ddlet (
Page 3 of 3
CITY CiF ..a:N r>;p
Renton
'-5-g;
Insurance Guidelines for the City of Renton
The Citvpf Renton typically requires current insurance certificates for one or more of
the following lines of coverage and minimum insurance limits:
• $1,000,000 per occurrence and$2,000,000 aggregate for Commercial General
Liability(CGL)or Special Event coverage. Limits may be increased for higher than
usual or special liability exposures.
• $1,000,000 combined single limit for Auto Liability. Required if a commercial
vehicle will be used in performance of work or delivery of products,beyond normal
commutes.
• Proof of Workers'Compensation coverage,as required by the State of Washington
(provide the Washington L&I or excess coverage policy number).
• Excess Liability or Umbrella. Required only if needed to reach minimum CGL or auto
liability coverage limits.
• $1,000,000 Professional Liability. Required if professional services(e.g.architect,
engineering,surveying,legal,or medical)are being provided to the city and if those
professional services are excluded from the CGL policy.
• $1,000,000 Pollution Liability—Required if work involves a pollution risk to the
environment.
• $1,000,000 per occurrence Aircraft Liability(including Property Damage Liability).
Required coverage for aircraft tie-down leases.
Requirements unique to the City of Renton:
• Name the City of Renton as a Primary and Non-contributory Additional Insured on
the policy(only applies to Commercial General,Auto Liability,Excess/Umbrella,
Special Event,and Aircraft Liability policies).
• The City shall be provided with written notice of any policy cancellation within a
minimum of two business days of receipt of such notice by the policy holder.
• The city does not represent that the minimum required insurance coverage or limits
are adequate to protect the vendor/contractor/consultant from all liabilities.
• insurance certificate requirements and minimum limits can only be waived or
modified with Risk Manager approval.
• The certificate holder should read:
City of Kenton
ATTN: (enter your City contact's name here and Department}
1055 South Grady Way
Renton,WA.98057
Direct any questions,comments,or concerns to: Gary B.Lamb, Risk Manager
425.430.7669-direct
425.430.7665-fax
giamb@rentonwa.gov
Rtvised 5/18/17
CITY OF
on .7 "
This form must be submitted with the Bid Proposal ar as a Supplement to the Bid no later than 24
hours after the time for delivery of the Bid Proposal.
Certification of Compliance with Wage Payment Statutes
The bidder hereby certifies that, within the three-year period immediately preceding the bid
solicitation date, the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any
provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation
and notice of assessment issued by the Department of Labor and Industries or through a civil
judgment entered by a court of limited or general jurisdiction.
I certify under penalty of perjury under the laws of the State of Washington that the foregoing
is true and correct.
a.ir t v►-efj^r4 seJ C.L-C.
Bidder's Business Na e
Signature of orized Official*
Printed Name
Title
31 it t ii 4 -ea Ike WA
Date City State
Check One:
Sole Proprietorship g Partnership 0 Joint Venture 0 Corporation 0
State of Incorporation,or if not a corporation,State where business entity was formed:
If a co-partnership,give firm name under which business is transacted:
*If a corporation,proposal must be executed in the corporate name by the president or vice-president
(or any other corporate officer accompanied by evidence of authority to sign). if a co-partnership,
proposal must be executed by a partner.
NON-COLLUSION AFFIDAVIT
Being duly sworn,deposes and says,that he is the identical person who submitted the forgoing proposal or bid,and
that such bid is genuine and not sham or collusive or made In the interest or on behalf of any person not therein
named,and further,that the deponent has not directly induced or solicited any other Bidder on the foregoing work or
equipment to put In a sham bid,or any other person or corporation to refrain from bidding,and that deponent has not
in any manner sought by collusion to secure to himself or to any other person any advantage over the other Bidder or
Bidders.
AND
CERTIFICATION RE:ASSIGNMENT OF ANTE TRUST CLAIMS TO PURCHASER
Vendor and purchaser recognize that in actual economic practice overcharges resulting from anti-trust violations are
in fact usually borne by the purchaser. Therefore,vendor hereby assigns to purchaser any and all claims for such
overcharges as to goods and materials purchased in connection with this order or contract,except as to overcharges
resulting from anti-trust violations commencing after the date of the bid,quotation,or other event establishing the
price under this order or contract. In addition,vendor wanwants and represents that such of his suppliers and
subcontractors shall assign any and all such claims to purchaser,subject to the aforementioned exception.
AND
MINIMUM WAGE AFFIDAVIT FORM
I,the undersigned,having been duly sworn,deposed,say and certify that in connection with the performance of the
work of this prolix!,I will pay each classification of laborer,workman,or mechanic employed In the performance of
such work;not less than the prevailing rate of wage or not less than the minimum rate of wages as specified in the
principal contract that I have read the above and foregoing statement and certificate,know the contents thereof and
the substance as set forth therein Is true to my knowledge and belief.
FOR: NON-COLLUSION AFFIDAVIT,ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER AND
MINIMUM WAGE AFFIDAVIT
r e o +Lr ICS S I O P bh
Name of Protect
Sellar +e. -prtSPi -L. (�
`Name of eldders Firm
-131WWW-MONialrelyesentatNe of Bidder
Subscribed and sworn to before me on this 1` day of Aar c1‘.. 2011