HomeMy WebLinkAboutContract CAG-18-149
SMALL PUBLIC WORKS CONTRACT AGREEMENT
Single Craft under $40K under $25K
THIS AGREEMENT("Agreement") is made as of the July 26, 2018, (the "Effective Date") by and
between the City of Renton, a non-charter code city under RCW 35A, and a Washington
Municipal Corporation ("City"), and NETServices, a Washington Corporation ("Contractor"),
who are collectively referred to as the "Parties", to repair tears in the protective netting at
Maplewood Driving Range. The City and Contractor agree as set forth below.
1. Scope of Work: Contractor will provide all material and labor necessary to perform all
work described in the Scope of Work which is attached and fully incorporated into this
Agreement by reference as Attachments "A" and "B."
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Scope of Work 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 or Amendment signed by the
Parties.
3. Time of Performance: Contractor shall commence performance of the Agreement no
later than 21 calendar days after the Agreement's Effective Date.
Services provided by Contractor shall coordinated directly with golf course Manager so
as not to interfere with business operations.
4. Term of Agreement: The Term of this Agreement shall end at completion of the Scope of
Work, and shall terminate September 30, 2018 whichever is last. This Agreement may be
extended to accomplish change orders, if required, upon mutual written agreement of
the City and Contractor.
5. Agreement Sum: The total amount of this Agreement is the sum of $6795.80 which
includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed
amount based on changes to the Scope of Work. The Parties agree that pursuant to
Exhibit B if an additional partial day or day is required to wrap up the project the sum will
be increased an additional $2000.00 to an amount not to exceed $8795.80 including
Washington Sales Tax.
6. Consideration: In exchange for Contractor's performance of the items and
responsibilities identified in the Scope of Work, the City agrees to make payment of the
amount identified as the Agreement Sum.
7. Method of Payment/ Retainage/ Bonding: Payment by the City for the Work will only
be made after the Work has been performed and a voucher or invoice is submitted in a
form acceptable to the City.
A. 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.gov/TradesLicensing/PrevWage/default.asp.
Pursuant to RCW 60.26 and 39.08 the City requires a 5 % Retainage be withheld
and that the Contractor will provide either a Performance and Payment
(Contract) Bond on the City approved form upon execution of the Agreement or
waive the payment and performance bond and instead the City will retain 10%.
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. (Unless the Contractor waives the
payment and performance bond below and opts for a 10% retainage below.)
Contractor must pick one—if contractor does not pick one then the first option
(5%retainage with contract bond) applies:
To provide a payment and performance bond (contract bond) in the
amount of 100%of the estimate including taxes with a 5% retainage.
or�
To waive a payment and performance bond (contract bond) and instead
the city will retain the remaining 10%will be retained for the purpose of
completion of the project and fulfillment of claims and liens.
B. The City 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.
C. Final Acceptance. Final Acceptance of the Project occurs when the Golf Course
Manager has determined that the Project is one hundred percent (100%)
complete and has been constructed in accordance with the Plans and
Specifications.
D. Payment in the Event of Termination. In the event this Contract is terminated by
the either party, the Contractor shall not be entitled to receive any further
amounts due under this Contract until the work specified in the Scope of Work is
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satisfactorily completed, as scheduled, up to the date of termination. At such
time, if the unpaid balance of the amount to be paid under the Contract exceeds
the expense incurred by the City in finishing the work, and all damages sustained
by the City or which may be sustained by the City or which may be sustained by
the reason of such refusal, neglect, failure or discontinuance of Contractor
performing the work, such excess shall be paid by the City to the Contractor. If
the City's expense and damages exceed the unpaid balance, Contractor and his
surety shall be jointly and severally liable therefore to the City and shall pay such
difference to the City. Such expense and damages shall include all reasonable
legal expenses and costs incurred by the City to protect the rights and interests of
the City under the Contract.
8. Hold Harmless: Contractor shall indemnify, defend and hold harmless the City, 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 The City 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 The City, 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 The
City that are excluded in the commercial general liability insurance.
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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 The
City will be named as an Additional Insured on a non-contributory primary basis. The
City's insurance policies shall not be a source for payment of any Contractor liability.
E. Subject to the City's review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before executing the work of this
Agreement.
F. Contractor shall provide the City 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 Work 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 Work 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, the City 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.
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11. Independent Contractor: Contractor's employees, while engaged in the performance of
any of Contractor's Work under this Agreement, shall be considered employees of the
Contractor and not employees, agents, representatives of the City and as a result, shall
not be entitled to any coverage or benefits from the City of Renton. Contractor's relation
to The City 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 Work 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.
13. Record Keeping and Reporting: Contractor shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work 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
The City and Contractor represents and warrants that such individuals are duly
authorized to execute and deliver this Agreement on behalf of the City or Contractor.
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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 Work 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 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.
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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.
L. 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 The City 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
4110
Kelly Beyme , Admin rtrator Daniel R. Nunn
Community Services NETServices
1055 South Grady Way 13010 11th Avenue NE
Renton, WA 98057 Tulalip, WA 98271
5/�/tg 07/31/2018
Date Date
Approved as to Legal Form
Shane Moloney
Renton City Attorney
Date
Non-standard pw-&40K-$25K clb 07-26-18(462)
rk
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ATTACHMENT A
SCOPE OF WORK
This project involves the repair of the tears in the protective netting at the Maplewood Driving
Range. The vendor/contractor will supply the lift(s), netting, and material required to attach
netting and labor to perform the repairs, a process estimated to take one (1) day.
Services provided by Contractor shall coordinated directly with golf course Manager so as not to
interfere with business operations.
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ATTACHMENT B
16
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NETServices ATTACHMENT B PROPOSAL
13010 11th Avenue NE
Tulalip, WA 98271-6751 DATE Proposal No.
7/18/2018 6861
Ship To
Maplewood Golf Course Maplewood Golf Course
4050 Maple Valley Hwy 4050 Maple Valley Hwy
Renton,WA 98058 Renton,WA 98058
ATT: REP PROJECT TERMS OTHER
DN Due on Completion Expiresi90 Days
ITEM QTY DESCRIPTION UNIT TOTAL
6857 Perform repairs as needed using patch strips along center line to relief stress.Patches attached with 6,178.00T
stainless hog rigs.
If additional day,or partial day required to wrap anything up would be$2,000
All material to be as specified,and/or the above work to be performed in accordance with drawings and specifications submitted for above work
and completed in a substantial workmanlike manner.Any alteration or deviation from the scope of work described and/or related drawings&
specifications involving extra costs will be executed only upon written change order,and will become an extra charge over and above the estimate.
All agreements contigent upon strikes,accidents,or any other reasonably unforseeable delay beyond our control.
Thank you for the opportunity to offer our services.
Respectfully submitted-Dan R.Nunn Sub-Total $6,178.00
ACCEPTANCE OF PROPOSAL
The above prices,specifications,and conditions are satisfactory and are hereby accepted. Sales Tax (10.0%) $617.80
You are authorized to do the work as specified.Payments will be made as per above terms.
Authorized Signature Date TOTAL $6,795.80
Phone# Fax# E-mail Web Site
888-365-6387 (360)651-1956 dnunn@NETServicesUS.com www.NETServicesUS.com
AZ:ROC216163 CA:920736 FL: 1519578 NV:0071426 OR: 185087 UT:7748726 WA:NETSEL*964CP