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HomeMy WebLinkAboutContract CAG-15-190 .‘.ce CITY OF RENTON COMMUNITY SERVICES DEPARTMENT CONTRACT \ AGREEMENT THIS AGREEMENT is made as of the I I day of �4" 2015, between the CITY OF RENTON, a municipal corporation of the State of W shington,through its Community Services Department, hereinafter referred to as "CITY" and Garland/ DBS, Inc., hereinafter referred to as "CONTRACTOR",the Renton Community Center Roof Ridge Cap Repair Project located at 1715 SE Maple Valley Highway, Renton,Washington. 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". The quote is provided via the U.S. Communities Agreement. 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 (ten) calendar days after Contract's final execution, and shall complete the full performance of the Contract not later than 45 (forty-five) calendar days from the date of commencement. 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 5. Agreement Sum. The total amount of this Contract is the sum of $28,351.74 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 approximately bi-weekly). Renton shall have the right to withhold payment to Contractor any work not completed in a satisfactory manner until such time as Contractor modifies such work so that the same is satisfactory. The remaining 5%will be retained for the purpose of completion of the project and fulfillment of claims and liens. 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. 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: 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. Prevailing wages, in accordance with RCW 39.12, applies to this contract. The Contractor shall pay no less than the prevailing wage rate to all employees. By executing this Contact, the Contractor, and any subcontractor, agrees to comply with the State prevailing wage requirements as set forth in the Contract Documents. A "Statement of Intent to Pay Prevailing Wages" approved by L&I must be received from the contractor and any subcontractor before any payment is made and an L&I certificated "Affidavit of Wages Paid" must be received following final acceptance of the work. Final payment will be withheld on all contracts until the L&I certified Intent and Affidavit forms are received. Final payment will be the retainage release, which will be at a minimum of five (5) % retention will be held 45 days after completion and acceptance of project. 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 any records required by the City. 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. 15. Bond/Retainage. A Performance and Payment bond is required for no less than 100% of the contract amount. At the option of the Contractor, the Performance and Payment Bond may be waived in lieu of 50% retention on all payments except final payment as referenced above. A minimum of 5% retention will be held as retention until 45 days after completion / acceptance of project. 16. Exhibits to Agreement. The following exhibits are attached to this contract and incorporated herein by this reference: Attachment A: Scope of Work/Proposal Attachment B: City of Renton Insurance Requirements Attachment C: Contractor's Certificate of Insurance IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective Date. CONTRACTOR CITY OF RENTON Signature Signature n I Terry Higashiyama --ice,e 4. f�C,2CACf.An�-�-� - C0.44- 3 IU Administrator Printed Name and Title Community Services Department 1055 South Grady Way Garland/ DBS, Inc. Renton, WA 98057 Business Name 3800 East 91St Street Mailing Address Cleveland, OH 44105 City State Zip 800.762.8225/216.430.3518/216.883.2055 fax Telephone mshaxton@garlandind.com Email :'‘.41 .se CITY OF RENTON COMMUNITY SERVICES DEPARTMENT ATTACHMENT "A" RENTON COMMUNITY CENTER ROOF RIDGE CAP REPAIR PROJECT 1715 SE Maple Valley Highway, Renton, WA Garland/DBS, Inc. 3800 East 91st Street ----- Cleveland, OH 44105 J B S Phone: (800) 762-8225 since 1 8 9 6 Fax: (216) 883-2055 ROOFING MATERIAL AND SERVICES PROPOSAL City of Renton Community Center Roof Repairs Date Submitted: 08/05/2015 Proposal#: 25-WA-150438 MICPA#14-5903 LIC: UBI#603-013-262 GARLAI*903KA Please Note: The following estimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement(MICPA)with Cobb County, GA and U.S. Communities. This estimate should be viewed as the maximum price an agency will be charged under the agreement. Scope of Work: Ridge Cap Repairs 1 Install new metal vented ridge details on the 3 main roofing sections, approximately 335 linear feet. Line item Pricing Item# Item Description Unit Price Quantity Unit Extended Price Cost of Material and Labor for V&R Sheet Metal $ 22,581.00 1 EA $ 22,581 Sub Total Prior to Multipliers $ 22,581 Cost of Freight for Garland Material $ 150.00 1 EA $ 150 Professional Services:Additional Professional 1.30.01 Services-Option 1: Professional Services can be Completed on a Cost Plus Basis 14% % $ 3,161 Sub-Totals After Multipliers $ 25,892 Base Bid Total Maximum Price of Line items under the MICPA: $ 25,892 Potential issues that could arise during the construction phase of the project will be addressed via unit pricing for additional work beyond the scope of the specifications. This could range anywhere from wet insulation, to the replacement of deteriorated wood nailers. Proposal pricing valid through 12/31/2015. Taxes and permit costs are not included in this proposal pricing. If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below. Respectfully Submitted, Jeff Kozak Garland/DBS, Inc. (216)430-3518 jkozak@garlandind.com