HomeMy WebLinkAboutContract CAG-15-016
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Community Services Department
SMALL WORKS AGREEMENT
THIS AGREEMENT ("Agreement") is made as of the V:i day of January , 2015, (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 Performance Mechanical Group, ("Contractor"), who are
collectively referred to as the "Parties", to complete the HVAC system installation on the first
floor of the 200 Mill Building. 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 complete performance of the Agreement no later
than 60 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. 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 $78,235.56 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.
10. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Contractor agrees as follows:
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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.
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. Contractor agrees to provide access to any records
required by Renton.
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14. 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. Additionally, for contracts that will be either partially or fully
funded with federal grants and exceed Twenty-Five Thousand Dollars ($25,000), all
Contractors shall verify the federal suspension and debarment status of any
subcontractor or third-party working on the behalf, request, direction, or under the
authority of the Contactor. 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 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
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Denis Law, Mayor
1055 South Grady Way
Renton, Washington 98057
Date Date
Approved as to Legal Form Attest
Lawrence J. Warren Jason/K. Seth
Renton City Attorney Renton City Clerk
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Date D to
RE
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Performance
Mechanical Group
Dynamic Solutions for the Built Environment
January 8,2015
City of Renton
Attn: Michael Nolan
Re: 200 Mill 1st Floor HVAC
Performance Mechanical Group proposes to design and install the HVAC system for the above referenced space.
HVAC Installation Includes:
■ Mechanical engineering
■ City of Renton mechanical permit
■ Provide and install(1) Exhaust fans to serve bathrooms,locker room,shower and kitchen
■ Provide and install(45)Grilles, registers,diffusers
■ Relocate(2)existing.VAV boxes
■ Add(3)Electric Duct Heaters to be mounted in existing squeeze boxes.(This is to meet the Chapter 4 of the 2012 IMC Ventilation
required)
■ Mount(13)existing sensors
■ Air distribution ducting downstream of existing VAV boxes
■ Air balance by PMG
■ Start and test of equipment
■ Prevailing Wage Rates
■ All labor including field supervision and adequate staffing for scheduling
• All equipment and materials including all sheet metal ductwork,:hardware,straps,bracing,caulks etc.
■ Mechanical inspection approvals
Controls Scope: Hardware engineering, programming, graphics and parts associated with TI project. Add demand controlled
ventilation (DCV) to three existing fan powered terminal units. Add DCV and reheat to three existing cooling only terminal units.
Database modifications associated with relocation of two existing fan terminal units. Graphics modifications associated with
complete first floor tenant improvement.This is required by the 2012 WSCC Energy Code.
Pricing Includes:
• Engineering design and as built drawings
• New space CO2 sensors for demand controlled ventilation of six terminal units
• All programming necessary for complete and efficient operation
• Complete checkout and commissioning of all new devices and sequences
• Modifications to existing graphical user interface with intuitive graphical displays of all controlled equipment
• Standard manufacturers'warranty on all parts,one year warranty on labor and workmanship
• Four hours assistance for air balancing to be provided remotely
• Three hours of commissioning and checkout support to be provided remotely
tel-425.251.0356 1012 Central Ave.S.-KENT,WA 98032-5875 performancemechanicalgroup.com
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Assumptions:
• All work can be completed in contiguous eight hour days
• All work can be performed during normal business hours
Proposal Exclusions:All options and upgrades not included in proposal pricing.
• Washington State sales tax.
■ Repair,service,cleaning,or maintenance of existing equipment and materials
■ Cutting,patching,painting,electrical,plumbing,gas piping,roofing,code upgrades,equipment screening
• Life safety hook-ups: Including any and all security monitoring devices or connections to smoke/fire detectors or rated corridor
dampers or controls
Price: ........................................................................................................................................................................................$71,448
Submitted by: Performance Mechanical Group
Kenny Miller
tel-425.251.0356 1012 Central Ave.S.-KENT,WA 98032-5875 performancennechanicalgroup.conn