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HomeMy WebLinkAboutContract CAG-19-326 SMALL PUBLIC WORKS CONTRACT AGREEMENT Single Craft under $40K under $25K THIS AGREEMENT("Agreement") is made as of the 201' day of ;NOV. , 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 Northwest Sign & Design, Corporation (type of entity) ("Contractor"), who are collectively referred to as the "Parties", to Install Multi Color LED and Driver Replacement for City Hall Exterior Sign facing 1-405. 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 (30 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 90 days from the Effective Date. [Or shall terminate on 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 ($18,549.41) 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.Ini.wa.gov/TradesLicensing/PrevWage/default.asp http://www.lni.wa.gov/TradesLicensing/PrevWaae/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 11:4 PAGE 2 OF 8 ?/, To waive a payment and performance bond (contract bond) and instead t i-S ity 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. 0 PAGE 3 OF 8 1 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. 0. PAGE 4 OF 8 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.aspx?portalld=7922741&pageld=9824882 Information regarding State business licensing requirements can be found at: http://dor.wa.gov/doing-business/register-mv-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). PAGE 5 OF 8 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 Edward Grube Mark Bartman 1055 South Grady Way 17201 Beaton Rd SE Renton,WA 98057 Monroe, WA 98272 Phone: (425)430-6670 Phone: (425) 844-6415 egrube@rentonwa.gov mark@nwsigns.com Fax: (425)430-6670 Fax: N/A 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. PAGE 6 OF 8 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. 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. kliD‘ PAGE 7 Of 8 IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective Date. CITY OF RENTON CONTRACTOR ;47 1//$114? J. A I A . ..A ,41.41 L I Kelly Bey r / an Sto rd, Pr Sent Community Services Administrator •nnifer c rd,0 ce Manager NW Wholesale Signs Approved as to Legal Form Shane Moloney Renton City Attorney Non-standard pw-&40K-$25K clb(954) 0 PAGE 8 Or 8 ATTACHMENT A Northwest Sign and Design 17201 Beaton Rd SE, Monroe, WA, 98272 Primary Email: info@nwsigns.com I NORTHWEST Primary Phone: +1 425-844-6415 ' SIGN & DESIGN License#: NWWHOS"929M9 Tax ID: 91-2162507 https://www.nwsigns.com/ Quote 6892 SALES REP INFO QUOTE DATE Mark Bartman 09/27/2019 Service Sales QUOTE DUE DATE Service: Exterior sign cabinet mark@nwsigns.com 10/04/2019 (425)844-6415 QUOTE EXPIRY DATE 10/27/2019 TERMS 50%down, balance on delivery ORDERED BY INSTALL ADDRESS CONTACT INFO City of Renton-Facilities 1055 S Grady Way Ed Grube 1055 S Grady Way Renton,WA, 98057-3232 Egrube@Rentonwa.gov Renton,WA, 98057-3232 +1 206-475-0662 # ITEM QTY UOM U,PRICE TOTAL(EXCL,TAX) 1 Service: RGBW option 1 Each $10,719.10 $10,719.10 Exterior single sided cabinet with vertically oriented Fluorescent lamps. Ballasts in upper raceway with removable top access panel. 7th floor location accessible with roof access. Multi Color LED and Driver Replacement, drivers to be remotely mounted over parapet wall in enclosures. Controller and relays to change colors. This Option allows the controller to choose solid colors of Red, Green, Blue and White. By using a combination of those main colors,there are many different colors that can be obtained. The entire sign cabinet will light simultaneously with a solid color. This Option allows the user a bright&true White option with higher lumens than obtainable with RGB colors.This White is equivalent to existing fluorescent lighting. Boss DMX controller&relays, allows color wheel control of each solid color.To be mounted in interior remote location that is accessible such as lobby/reception. 2 Fluorescent Lamp Disposal Fee 47 Each $2.00 $94.00 Fluorescent Lamp Disposal Fee 3 Installation 1 Each $3,897.50 $3,897.50 • Electrical signs-includes connection to existing power within 6'of sign location. Does not include timers/photocells unless specified. • The location will need to be accessible for truck/ equipment during installation. 4 Sign Permitting by City of Renton 1 Each $0 $0 5 Project Management&Shop Drawings 1 Each $617.50 $617.50 Creation of shop drawings for production 6 Prevailing Wage Increases 1 Each $1,060.00 $1,060.00 PRINTED ON 2019-11-0617'12'53-0800 BY MB CREATED BY MB 1/2 QUOTE 6892,CITY OF RENTON-FACILITIES,09/27/2019 # ITEM QTY UOM U.PRICE TOTAL(EXCL.TAX) Additional costs associated with City of Renton Prevailing Wage contract requirements(based on Installation(King Co) &Production(Snohomish County) 7 Project Management 1 Each $475.00 $475.00 City of Renton Contract forms&Prevailing wage documentation We greatly appreciate the opportunity to estimate your project and we are eager to earn your business and trust.We are happy to compare our pricing with others in order to clarify any discrepancies in materials or processes which may affect Setup: $0 pricing. By signing below,you agree to the terms and conditions included on this estimate. Shipping: $0 Above prices subject to any necessary permit labor,permit fees,engineering fees,inspection fees and State sales tax.NW Signs is Finance: $0 NOT responsible for any damage that may occur to any vegetation.If a purchase order is to replace NW Signs purchase agreement it is understood that the client accepts ALL our terms and conditions.Any permits,labor,or materials needed for street/lane closures, Misc.Charges: $0 closing of sidewalks,etc.would be additional,if needed. $16,863.10 SERVICE AND REPAIRS: Subtotal: Estimated service charges will be determined by on-site survey at time of service.Our service technicians will inform you of any extenuating conditions that will alter the estimated charges.All service estimates assume that sign is in"serviceable"condition without Sales Tax(10%): $1,686.31 added time for rewiring or providing troubleshooting of Designated Sign Circuit.Our service personnel will provide typical"in-kind" W 7 8,549.41 serviceable parts but some replacement parts may require additional trip and service fees. Total: An attempt to contact customer will be made if"Estimated Service"will go over this amount.If the customer chooses not to proceed with the service or repair of the sign,a two-hour minimum charge will be billed to the customer. TERMS&CONDITIONS OF PROJECT: 1. Customer is responsible for wiring to sign location(one or more dedicated sign circuits will be required;each circuit must have its own neutral and ground).NW Signs will hook up sign if adequate approved power is available within 6' of each power penetrations at time of installation.National electrical code requires that a 3'x 3'working area with 12" wide catwalk from access to back side of sign be provided.Any necessary modifications to provide proper access or catwalks to be done by others or at additional time and material cost.Note:NW Signs is not responsible for any costs and/or fines for modification or replacement of wiring to sign location if it does not meet code requirements.Time clock or photo cell control would be additional cost. 2. Bid is based on information given.If items are other than as expected,additional costs may be incurred.NW Signs will notify you of any such adjustments. 3. Any necessary electrical repairs to existing sign wiring system would be additional at time and material rates. 4. Some communities,including the City of Seattle,require all lit signs to have either an combination of a photo-sensor (photo cell)and time switch or an astronomical time switch controller.Time switch must have a 10 hour battery backup. 5. Unless paint or paint specifications are supplied by customer,NW Signs shall use paint which offers"best match"on paint chart. 6. NW Signs will seal sign mounts on roof with sealant.'No guarantee against future leakage is offered by NW Signs. If customer is concerned about leakage or if the roof is currently covered by a roofing company's warranty,then the customer should have a qualified roofer on site at the customers'expense to supervise and reseal any roof penetrations made to mount the sign on the roof. 7. NW Signs does NOT begin fabrication of signage prior to receiving permits or written approval from the governing agency unless a Statement of Responsibility,release of liability,is on file in our office. 8. Prices do not include fuel surcharges,environmental fees,or other one time charges. 9. Due to fluctuating aluminum and steel pricing,this quote is valid for 5 BUSINESS DAYS after receipt by buyer. 10. All work performed by NW Signs is to be done during normal working hours. 11. Buyer acknowledges they have read and understands the approved design and specifications. TERMS&CONDITIONS OF SALE: • 50%DOWN PAYMENT DUE AT SIGNING • BALANCE DUE UPON COMPLETION. PAYMENT BY CREDIT CARD WILL INCUR A 2.9%SURCHARGE. CUSTOMER ACKNOWLEDGES RECEIPT OF AND AGREES TO THE GENERAL TERMS AND CONDITIONS AS LISTED ABOVE OF THE PURCHASE AGREEMENT AND ANY OTHER JOB SPECIFIC TERMS CONDITIONS LISTED ON PROPOSAL. SIGNATURE: DATE PRINTED ON 2019-11-06 17:12:53-0800 BY MB CREATED BY MB 2/2 A 1 4 9 g 120w Principal Transformer 120wPrincipal Tran 120w Principal Transformer Transformer Network Cable e gg DMX-RJ45 $ 4ch DMX-RGBW Controller "°`� ce. . , = ' 00 ,y.ei 1e0 VW v+alee ,vs;w7eeuii• Yik..,..eu 5 w"'ee ®• . ...{00.. n p44 W.04 u1 Wireless DMX Receiver I / HUH / '' / HHH / i / / / / / / / / / / / / / i / / / / / / / ifidil 282 Control Room I, ii k (t fjy#{} ±P � f t 41t � 1 JJIJ ' IH [IfflIJIJIf 22 i ... 0 IWnQ Lx.N)% jt LeYee% WM.Ne. . Nod J.R wr SSeMpJ M.eY..e SY.K.I.we nr P.is....o vs a.�c ur«.r PPS Plo.r+w.af DMX Boss 00 — — Wireless DMX Transmitter € € 120w Principal 120w Principal Transformer Transformer 1 Y o fgr Ni« This form must be submitted with the Bid Proposal. Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date,the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. J � � Bidder's Business Name Si nature of Authorized Official* Printed Name Title /0 /9._4 re2e— Date City State Check One: Sole Proprietorship❑ Partnership ❑ Joint Venture ❑ Corporation VI State of Incorporation,or if not a corporation,State where business entity was formed: If a co-partnership,give firm name under which business is transacted: •lf a corporation,proposal must be executed in the corporate name by the president or vice-president(or any other corporate officer accompanied by evidence of authority to sign).if a co-partnership,proposal must be executed by a partner.