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HomeMy WebLinkAboutContract1*401 CAG-13-181 GtiSY O Ei � ��N,ro� CITY OF RENTON CONTRACT AGREEMENT THIS AGREEMENT is made as of the 1 ���` day of April 2013, between the CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and Contech Services, Inc , hereinafter referred to as "CONTRACTOR," to waterproof and level the slab in the basement of the Carco Theater at 1717 Maple Valley Highway, Renton.. The City and Contractor agree as set forth below. 1. Scope of Services. The Contractor will provide all material and labor necessary to perform all work described in the Proposal which is included with this Agreement as Attachment "A." 2. Changes in Scope of Services. The City, without invalidating the Contract, may order changes in the Services consisting of additions, deletions or modifications, the Contract Sum being adjusted accordingly. Such changes in the work shall be authorized by written Change Order signed by the City and the Contractor. 3. Time of Performance. The Contractor shall commence performance of the Contract no later than ten (10) calendar days after Contract's final execution, and shall complete the full performance of the Contract not later than 60 days calendar days from the date of commencement. 4. Term Of Contract. The Term of this Agreement shall end at completion of the enclosed scope of work. This Agreement may be extended to accomplish change orders, if required, upon mutual written agreement of the City and the Contractor. 5. Contract Sum. The total amount of this Contract is the sum of $23,060.70 which includes Washington State Sales Tax. 6. Retainage in Lieu of Bond. In lieu of a performance bond, the City will retain 50% of the contract amount for a period of 45 days after Final Acceptance of the work. 7. Method of Payment. Payment by the City 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 the City. Payment of the initial 50% 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 50% will be paid 45 days after Final Acceptance. The City shall have the right to withhold payment to the Contractor for any work not completed in a satisfactory manner until such time as the Contractor modifies such work so that the same is satisfactory. 8. Employment. The Contractor's employees are not employees of the City of Renton. 9. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of this Contract without express written consent of the City of Renton. on CM 10, Record Keeping and Reporting. The 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 any records required by the City. 11. Hold Harmless. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents, employees and volunteers, from and against any and all claims, including claims from third parties, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Contractor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Contractor. 12. Insurance. The Contractor shall maintain throughout the duration of this contract the following insurance requirements: General Liability insurance in the amount of $1,000,000 per occurrence/$2,000,000 aggregate; Professional Liability insurance in the amount of $1,000,000 per claim; Automobile Liability in the amount of $1,000,000 per accident; and proof of Workers' Compensation coverage. The City of Renton will be name as a Primary and Non -Contributory Additional Insured on the insurance policy and an endorsement stating such shall be provided. 13. Compliance with Laws. The 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. 14. Conflicts. In the event of any inconsistencies between contractor proposals and this contract, the City of Renton contract shall prevail. 15. Prevailing Wage Rates. The Contractor must 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, http://www.Ini.wa.gov/TradesLicensing/PrevWage/defauIt.asp This Agreement is entered into as of the day and year written above. R CITY OF RENTON Signature Signature _ � C c_ 1�1a:�J n t)j , rr3a Re V Terry Higashiyama Community Services Administrator �6 Printed Narfie and Title Printed Name and Title Business Name Mailing Address city I State Zip r g77 Telephone on CM NCONiuECH CONTECH S ERVICES. INC. PROPOSAL/CONTRACT Exh;b,f 14 TO PURCHASER: City of Renton ADDRESS: 1055 south Grady Way Renton, WA 98057-3232 NAME OF PROJECT: Carco Theater ATTENTION: Mr. Michael Nolan Basement Slab Crack Repair Phone: 425-430-6608 Fax: 425-430-6603 ADDRESS: Cell: 425-766-6164 PROPOSAL NUMBER: P-12475P-RI DATE: 3/25/13 Job #/P.O.# 1. WORK: ConTech Services, Inc. ("ConTech") proposes to provide labor, materials & equipment as hereinafter described: (A) Complete all work per scope email dated 3/15/13, including: Survey existing floor elevations, 300 if urethane crack repair, Mechanical slab preparation, Waterproofing membrane, Floor leveling underlayment, and Warranty; (B) add per lineal feet of crack over 300 lineal feet in option A; (C) add per bag of Underlayment in option A. 2. FOR THE ESTIMATED PRICE OF: (A) $21,060.00 (B) $24 / if crack injection Add (C) $40 / bag Underlayment Add Payment in the amount as stipulated above is subject to additions or deducted changes in writing. Purchaser in addition to the price above shall pay sales tax. The price is firm for 30 days and is contingent upon the following: A. 110-volt power, potable water, and toilet facilities near the work area. B. A full 8 hours of uninterrupted access to the work. Delays caused by or for the convenience of the purchaser are not the responsibility or within the control of ConTech and may subject the purchaser to delay, standby or remobilization charge. C. Receipt of this Proposal and Contract signed by both parties. D. Below is a statement of our Responsibility of Parties Policy, acceptable to our insurance carrier & us. E. Notification, handling, removal and disposal of hazardous or toxic substances at the project site are the responsibility of others. 3. ITEMS NOT INCLUDED OR CONTINGENCIES: Safe and coordinated access to all work areas. Removal and replacement of all obstacles to our work by others. On and off the job once. No floor finishes are included. P.O. Box 84886, Seattle, WA 98124 Tel (206) 763-9877 Fax (206) 763-9970 www.contechservices.com WA Contractor's Lic. #CONTESI073L4 cm en 4 . TERMS: Net 30 days 5. CONDITIONS: All accounts 30 days past due date will be charged a finance charge of 1.5 % per month, which is an annual percentage rate of 18%. In the event that any suit or legal action is instituted to enforce any of the provisions herein, the parties agree that the prevailing party shall receive from the other party such sum as a trial court shall adjudge as reasonable attorney fees in said suit or action, and if an appeal is taken from any judgment or decree of such trial court, the parties further agree to pay such sum as an appellate court shall adjudge reasonable as the prevailing party's attorneys' fees on such appeal. 6. RESPONSIBILITIES OF PARTIES: A. ConTech Services, Inc. shall not be liable for, and purchaser shall indemnify ConTech against, any suits, claims, actions, losses, costs, penalties and damages which result from the sole, joint or several negligence of the purchaser or owner or their subcontractors or employees or agents. ConTech shall not in any event be liable for any consequential damages, including without limitation damages for delay or loss of use, in connection with work under this Proposal and Contract. B. Purchaser verifies that they are the owner of the real property upon which the work is to be performed or that is the owner or reputed owner of such property. CONTRACT The parties hereto agree to be bound by the terms and conditions as set forth in the Proposal and Contract above. CONTECH SERVICES, INC. (Purchaser) (Contractor) By: By: For: For: Date: P.O. Box 84886, Seattle, WA 98124 Tel (206) 763-9877 Fax (206) 763-9970 www.contechservices.com WA Contractor's Lie. #CONTES1073L4