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HomeMy WebLinkAboutContract CAG-18-083 • -r SMALL WORKS CONTRACT AGREEMENT THIS AGREEMENT ("Agreement") is made as of the 17 day of 1114 , 2017, (the "Effective Date") by and between the City of Renton, a non-charter code city y nder RCW 35A, and a municipal corporation under the laws of the State of Washington ("Renton"), through its Community Services Department and Pacific Glass INC, ("Contractor"), who are collectively referred to as the"Parties",to Replace 6 Windows at, HMAC 1719 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. 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 5 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 20 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 ($15,639.95) 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. f. Contractor shall provide Renton with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 0 PAGE 2 OF 6 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 Washington State Department of Labor and Industries, http://www.Ini.wa.gov/TradesLicensing/PrevWage/default.asp. (;) PAGE 3 OF 6 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 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. PAGE 4 OF 6 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 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. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective Date. CITY OF RENTON CONTRACTOR ..111111t- frf Kelly Beym ,Admi strator Pad IP-Glass IN 1055 South Grady Way 221 sort W-y Renton,Washington 98057 Renton, T ash ington 98057 '//7/p 6-10( t Date Date (;) PAGE 5OF6 • Approved as to Legal Form Attest /ice [Remove section if ay,r not signing] Shane Moloney Jason Seth Renton City Attorney Renton City Clerk 5Jii /zoa Date Date Contract Template Updated 12/29/2017 (;) PAGE 6 OF 6 PACIFIC GLASS INC. 221 AIRPORT WAY Attachment "A" RENTON WA 98057 (425)277-1800 Fax:(425)277-0225 Tax# 91-1424936 Quote: 7467 Date:05/11/2018 Customer CITY OF RENTON ACCOUNTS PAYABLE 1055 SOUTH GRADY WAY RENTON WA 98057-3232 Ph:(425)430-6653 Csr: Tech: PO TermsNET 30 Qty Part/Description Material Labor Item Total 3 MISC-MISC FLAT 36 x 22 1/2 pair of door s 0.00 0.00 0.00 3 MISC-MISC FLAT 33 3/4 x 37 3/8 pair of doors 0.00 0.00 0.00 I 1.00 INSTALLA-INSTALL Installation 14,218.14 0.00 14,218.14 Notes:dr anodized storefront door w/keyed locks insulated glass installed glass tempered safety to match Job Site: CITY POOL BRIAN HAMMOPN 425-430-6673 Payment is required at the time of service. A 2.5%finance charge will be added for all credit card payments. Signature Material Labor Tax Total Payments Balance 14,218.14 0.00 1,421.81 15,639.95 0.00 15,639.95 vers:9.2.10 Page: 1 CIC, idea 4 i_.iiia.' t F:i I i $1..1_.$1a: Engineering your creativity"' Client: PACIFIC GLASS INC. Quote#: Contact MARTY THURINGER 1000161134v1 Phone: 206-510-7961 Fax:425-277-0225 May 11,2018 Address: 221 AIRPORT WAY,RENTON,WA 98057-5335 Job: POOL#2 Quote Confirmation Oldcastle BuildingEnvelope®is pleased to quote Metal,Doors,Misc liallia TOTAL r *Please contact your OBE customer service representative for glass pricing. FOB Shipping Point Freight Allowed This quote is valid for 30 days.Material must ship before end of 2nd Quarter of 2018.Terms of this sale are subject to Credit Approval and Net 30 days. Metal Exclusions{Adaptors,Anchors,Brake Metal Trim or Flashing,Caulking,Clips,Custom Shapes,Fabrication of Stock Lengths or Storefront,PE Stamp or formal Cats,Mock-Ups,Sealants,Taxes,Tests). ti -�,:v Nom, ""Elevation Mark: 1 Quantity: 3 r _ r! Elevation Size: 36"x 221/2" i Finish: C-Clear Anodized 204(Class 2) `f Metal Series: Reliance(6") 1 —.1 Remarks: Elevation Mark: 2 Quantity: 3 Elevation Size: 33 314"x 37 3/8' Finish: C-Clear Anodized 204(Class 2) Ii i, I Metal Series: Reliance(6') ill Remarks: i Estimator:David Recchione 5/11/2018 4:45 PM Phone:253-922-8205 Fax:253-922-8244 4200 C Industry Drive East,Fife,WA 98424 Page 1 of 7 Email:drecchione@obe.com OlfiCaStle ',. Engineering your creativity - Client: PACIFIC GLASS INC. Quote#: Contact: MARTY THURINGER 1000161134v1 Phone: 208-510-7961 Fax:425-277-0225 May 11,2018 Address: 221 AIRPORT WAY,RENTON,WA 98057-5335 Job: POOL#2 Quote Confirmation Elevation Mark: 3 Quantity: 1 Elevation Size: 34"x 373/8" Finish: C-Clear Anodized 204(Class 2) Metal Series: Reliance(6") Remarks: Estimator David Recchione 5/11/2018 4:45 PM Phone:253-922-8205 Fax:253-922-8244 4200 C Industry Drive East,Fife,WA 98424 Page 2 of 7 Email:drecchione@obe.com Cal Engineering your creativity" Client: PACIFIC GLASS INC. Quote#: Contact MARTY THURINGER 1000161134v1 Phone: 206-510-7961 Fax:425-277-0225 May 11,2018 Address: 221 AIRPORT WAY,RENTON,WA 98057-5335 Job: POOL#2 Quote Confirmation Metal Series: Reliance(6") Net Frame:38"x 231/2` Door Opening:36"x 22 1/2" Frame Type: (Non-Thermal) Door. 36x22-1/2-GH - Door Type: 1 3/4 Entrance Door NS Door Glass: 1 in.Glazing By Others Glass Blk Size: 2 0 14"x 18" Finish Frame: C-CLEAR_204 Finish Door: C-CLEAR_204 — — Finish HW: Clear Swing: PSO Hinging: Gear Inset Active Leaf: Inactive Left,Active Right Comments: Part# Description Prep? Install? Dead Lock Interior Trim 1 192 CY-3 1 5/32 DIA THMB-TU C X X Dead Lock Part 1 1343 AR-1850A LG THROW MS LX X X Flush Botts 345 FB-14 RND FACE FLUSH BO C X X Gust Gear Inset Hinge CFM85SLI-HD1 GEAR HINGE INSET(OBE) X X Custom Gear Hinge Clear 5/16" 1 3/4 Bottom Rail D1C D-1 21/4In.TOP RAIL C 1 3/4 Top Rail D1C 0-1 2 1/4in.TOP RAIL C Glass Stop S81C199 Glass Stop C Threshold Type (No Threshold) No Threshold;3/16'clearance from finished floor Estimator.David Recchione 5/11/2018 4:45 PM Phone:253-922-8205 Fax:253-922-8244 4200 C Industry Drive East,Fife,WA 98424 Page 3 of 7 Email:drecchione@obe.com Cli Engineering your creativity' Client PACIFIC GLASS INC. Quote*: Contact MARTY THURINGER 1000161134v1 Phone: 206-510-7961 Fax:425-277-0225 May 11,2018 Address: 221 AIRPORT WAY,RENTON,WA 98057-5335 Job: POOL*2 Quote Confirmation sem, r 4,irff Metal Series: Reliance(61 Net Frame:35 3/4"x 38 3/8' Door Opening:33 3/4"x 37 3/8" Frame Type: (Non-Thermal) Door: 33-3/4x37-3/8-GH Door Type: 1 3/4 Entrance Door NS Door Glass: 1 in.Glazing By Others Glass Blk Size: 2 0 12"x32" Fmish Frame: C-CLEAR_204 Finish Door: C-CLEAR_204 Finish HW: Clear _ Swing: PSO ��� Hinging: Gear Inset Active Leaf: Inactive Left,Active Right Comments: Part it Description Prep? Install? Dead Lock interior Trim 1 192 CY-31 5/32 DIA THMB-TUC X X Dead Lock Part 1 1343 AR-1850A LG THROW MS LK X X Flush Botts 345 FB-14 RND FACE FLUSH BOC X X Cust Gear Inset Hinge CFM85SLI-HD1 GEAR HINGE INSET(OBE) X X Custom Gear Hinge Clear 5/16' 1 3/4 Bottom Rail D1C 0-1 2 1/4in.TOP RAIL C 1 3/4 Top Rail D1 C 0-1 2 1/4in.TOP RAIL C Glass Stop S81C199 Glass Stop C No Threshold;3/16"clearance from Threshold Type (No Threshold) finished floor Estimator.David Recchione 5/11/2018 4:45 PM Phone:253-922-8205 Fax:253-922-8244 4200 C Industry Drive East,Fife,WA 98424 Page 4 of 7 Email:drecchione@obe.com a.. OkiClStie ui c iii ,�i i elo, Engineering your creativity- Client: PACIFIC GLASS INC. Quote#: Contact: MARTY THURINGER 1000161134v1 Phone: 206-510-7961 Fax:425-277-0225 May 11,2018 Address: 221 AIRPORT WAY,RENTON,WA 98057-5335 Job: POOL#2 Quote Confirmation w Metal Series: Reliance(6") Net Frame:36"x 38 3/8" Door Opening:34"x 37 3/8" Frame Type: (Non-Thermal) Door. 34x37-3/8-GH Door Type: 1 3/4 Entrance Door NS Door Glass: lin.Glazing By Others Glass Blk Size: 2 O 12"x 32" Finish Frame: C-CLEAR_204 Finish Door: C-CLEAR 204 Finish HW: Clear _ _ Swing: PSO 4-.,---A,_,-----"j Hinging: Gear Inset Active Leaf: Inactive Left,Active Right Comments: Part if Description Prep? Install? Dead Lock Interior Trim 1 192 CY-3 1 5/32 DIA THMB-TUC X X Dead Lock Part 1 1343 AR-1850A LG THROW MS LK X X Flush Botts 345 FB-14 RND FACE FLUSH BO C X X Cust Gear Inset Hinge CFM85SU-HD1 GEAR HINGE INSET(OBE) X X Custom Gear Hinge Clear 5/16" 1 3/4 Bottom Rail D1C D-1 21/4in.TOP RAIL C 1 3/4 Top Rail D1C D-1 21/4in.TOP RAIL C Glass Stop S81 C199 Glass Stop C Threshold Type (No Threshold) No old,3/16"clearance from Estimator.David Recchione 5/11/2018 4:45 PM Phone:253-922-8205 Fax:253-922-8244 4200 C Industry Drive East,Fife,WA 98424 Page 5 of 7 Email:drecchione@obe.com