HomeMy WebLinkAboutContract CAG-19-297
SMALL PUBLIC WORKS CONTRACT AGREEMENT
Single Craft under $40K under $25K
THIS AGREEMENT("Agreement") is made as of the 1(.0"day of a 4'1' , 2019, (the"Effective
Date") by and between the City of Renton, a non-charter code city under RCW 35A, and a
Washington Municipal Corporation ("City"),through its BYER Contracting LLC(type of entity)
("Contractor"), who are collectively referred to as the "Parties",to repair the Public Works Gas
Station Roof; consisting of replacing roof, gutters, and trim cap; painting of the prime and paint
of the roof structure; and installation of new LED light fixtures. 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 Attachment "A."
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 (90 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
Work, no later than 30 days from the Effective Date. [Or shall terminate on
IA-I aoIOt date]. 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($21,556.48) which
includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed
amount based on changes to the Scope of Work.
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. 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.
The State of Washington prevailing wage rates applicable for this project, which is located
in King County, may be found at the following website address of the Department of Labor
and Industries:
http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp
http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp
Pursuant to WAC 296-127-011,the applicable effective date for prevailing wage rates paid
for the duration of this contract shall be the date the contract is executed as reflected in
the "Effective Date" identified at the top of the first page of this Agreement.
Upon request, the City will provide a copy of the applicable prevailing wages for this
project. Alternatively, the rates may be viewed at the City of Renton City Hall by making
an appointment with the contact person identified herein or prior to contract award with
the contact person identified as the City of Renton contact in Paragraph 15 Notices of this
agreement.
B. Retainage held by the City or in Escrow Account:
Pursuant to RCW 60.26 and 39.08 the City requires a 5 % Retainage be withheld and that
the Contractor will provide a 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 City 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 5%with contract
bond is required:
To provide a payment and performance bond (contract bond) in the
amount of 100%of the estimate including taxes with a 5% retainage.
or
0
PAGE 2 OF 8
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 Public Works
Director 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
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.
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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.
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.
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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.
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. City of Renton Business License: The Consultant shall obtain a City of Renton Business
License prior to performing any Work and maintain the business license in good standing
throughout the term of this agreement with the City.
Information regarding acquiring a city business license can be found at:
http://www.rentonwa.gov/cros/One.asox?porta Ild=7922741&pageld=9824882
Information regarding State business licensing requirements can be found at:
http://dor.wa.gov/doing-business/register-my-business
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).
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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.
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.
CITY OF RENTON CONTRACTOR
Paul Youngedyk BYER Contracting LLC
1055 South Grady Way 820 S Donovan Street
Renton, WA 98057 Seattle, WA 98018
Phone: (425) 766-6168 Phone: (206)353-6421
pyoungedyk@rentonwa.gov BYERCONTRACTINGI@gmail.com
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
PAGE 6 OF 8
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.
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.
CI)
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CITY OF RENTON CONTRACTOR
Kelly Beym r Eddie Miller
Community Services Administrator BYER Contracting LLC
1055 South Grady Way
Renton, Washington 98057
�/l� ///
10/04/2019
/
Date Date
Approved as to Legal Form
Shane Moloney
Renton City Attorney
J /M(1
Date
Non-standard pw-&40K-$25K clb 09/19
PAGE 8 OF 8
ATTACHMENT
A
BYER CONTRACTING LLC
820 S DONOVAN STREET SEATTLE WA 98018 206.353.6421
BYERCONTRACTINGI@GMAIL.COM
Sept 20, 2019
ATT: Edward Grube, Paul Youngedyk
Project: City Shops Gas Canopy
Scope of Work:
• Removal of old roof. 48/100
• Comply with requested work schedule, actual dates/times to be determined and
scheduled, as to coinscide with peak usage times of traffic flow.
• Removal and disposal of all debris and waste from roof removal and paint prep, making
sure work area stays clean and clutter free during all phases of the project.
• New roof( Fabricated material, AEP Type CF-1 3/8 20 GA, Deck G90 Galvanized finish )
to be attached as discussed at walk thru.
• Remove and replace all signage. signage to be supplied by Client.
• Removal and replacement of gutters, flashing and trim cap.
• Prime and paint structure. Reposting signage in designated areas. Actual Color/formula
to be supplied by client.
• Jobsite will be left in a business ready condition.
• Replace current lighting with LED, type/manufacture to be supplied by client.
Exclusions: Any other repair or maintenance not associated with specific work done on or for
this project, unless added by written addendum.
Proposed Bid : Tenwty One Thousand Five Hundred Fifty Six Dollars and 48/100
Base Bid Amount: $19,579.00
Taxes @ 10.1% $1977.48
Total bid amount: $21,556.48
Eddie Miller, Byer Contracting LLC July 29, 2019