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HomeMy WebLinkAboutContract CAG-1 9-330 v) SMALL WORKS CONTRACT AGREEMENT THIS AGREEMENT ("Agreement") is made as of the IJr day of A/DV. , 2019, (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 Local Pros Painting, ("Contractor"), who are collectively referred to as the "Parties", to Paint Interior of 3 Fire Stations; Fire Station #11, 13, & 14 with the Approved Paint Color(s)for Each Station. 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 commence performance of the Agreement no later than 30 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, no later than 90 days from the Effective Date.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 ($17,322.80) 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. PAGE 2 of 6 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: 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.lni.wa.gov/TradesLicensing/Frevwago/default.asp. PAGE 3^F G 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 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). 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 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. 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. 40 PA&E 4 3F 6 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. m. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective Date. CITY OF RENTON CONTRACTOR C 04:A/2:"A H VAINera Bcr-1 Kelly Beymer Haley Pendergraft Community Services Administrator Owner 1055 South Grady Way Renton, WA 98057 II . 1s. l9 /1/ 7Ly Date Date FACE 5 6 Approved as to Legal Form By: S ane Moloney Senior Assistant City Attorney Contract Template Updated 06/10/2019 PAGE 6 6 ATTACHMENT A Attachment A City of Renton Fire Station Painting Project Walk-thru October 25th, 2019 1:00PM — 3:00PM • Location: o Fire Station #14 ■ 1900 Lind Ave SW, Renton, WA o Fire Station #11 ■ 211 Mill Ave South, Renton, WA o Fire Station #13 ■ 18002 108th Ave SE, Renton, WA • Work Scheduled: o Work Days ■ Monday Thru Friday o Work Hours ■ To Be Determined • Approved Paint Vendor: o Sherwin-Williams Paint • Approved Paint Colors: o Fire Station #11 ■ Accent Color: Rustic Red— Paint Code SW7593 ■ Main Color: Skyline Steel — Paint Code SW1015 o Fire Station #13 ■ Accent Color: Rustic Red—Paint Code SW7593 ■ Main Color: Skyline Steel — Paint Code SW1015 o Fire Station #14 ■ Accent Color: Bracing Blue—Paint Code SW6242 ■ Main Color: Grey Screen—Paint Code SW7071 o All paint finishes to be semi-gloss and/or eggshell • Painting: o Walls and Door Frame of Area will be marked with Blue Tape to Indicate Areas to be Painted ■ Accent Color ■ Main Color o Storage (On Site) ■ To Be Determined at Site • Expectations: o Cutting in of Surfaces that are not be painted with either ■ Painters Tape ■ Plastic Sheet ■ Drop Cloths o Repair/Patch of all ■ Wall Damage ■ Holes • Bid Due Date: o Deadline for Bids is November 1st, 2019 at 5:00PM. o We will not accept Bids after the deadline. o Bids must be Submitted through Email and sent to egrube@rentonwa.gov o The Lowest Responsible Bidder will be notified via Phone Call or Email that they have won the Small Works Project. o If you are not contacted within 1 week after the Deadline listed below; you have not been selected for the Small Works Project o If you want to find out about the winning bid or other bids; please submit a Public Records Request with Melissa McCain (425) 420-6507 10/31/2019 LIPP Renton Fire Station 14 Phone: 206-779-5953 Kyle Kauzlarich E-Mail: KKauzlarich@Rentonrfa.org JOB LOCATION: 1900 Lind Ave SW We hereby propose to complete the service(s) listed below in a highly professional manner: INTERIOR SCOPE:includes prep/paint work in vestibule, common area and main hallways(to the right and to the left),prep and paint door frames. Does not include window frames. • Prep all walls by spackling minor holes and cracks • Cover and mask all areas not to be painted *Bid assumes that any furniture that the owner would like to have painted behind, will be moved to the center of the room. Any furniture that the owner would like to have painted around, will remain in place. Large vestibule wall hangings shall follow the same guidelines. • Clean and lightly scuff sand door frames(extra attention to existing failure and chips) • Prime failing/raw substrate areas • Cut and roll door frames to full coverage • Paint all walls included in referenced scope of work, including accent wall in lobby *Bid guarantees paint to full coverage. • Includes final touch-up and clean-up *Includes Sherwin Williams Promar 200 Eggshell, DTM and all sundries Total: $5,110.00 plus tax COMMENTS: All items not listed above are excluded.Additional work shall be authorized prior to completion. Sherwin Williams paint is used for this estimate unless otherwise noted (competitors paint to be matched). Alternate bids are not included within the total cost estimate; sales tax is also excluded. Local Pros Painting is licensed, bonded, and insured. A trip charge and/or change order for any clean up needed from other trades will be issued if the job is not ready upon arrival. w #in 30 days. • Respectfully Submitted, 1 c�''� Signature: Haley Pendergraft Printed Name: Date; Paint Colors&Sheens:Main:Grey Screen SW7071 Accent: Bracing Blue SW6242 P.O. Box 826, Maple Valley,WA 98038 206-353-4566/haley@localprospainting.com LOCALPP910KH LocalPros CILPIP4" Painting Thursday, October 31, 2019 Renton Fire Station 11 Phone: 206-779-5953 Kyle Kauzlarich E-Mail: KKauzlarich@Rentonrfa.org JOB LOCATION: 211 Mill Ave S,Renton 98057 We hereby propose to complete the service(s) listed below in a highly professional manner: INTERIOR SCOPE:includes prep/paint work in kitchen,watch desk,day room,dining room,dormitories: 1,2, Captain's Room, Large group room,small group room and hall/vestibule/watch desk. • Prep all walls by spackling minor holes and cracks • Cover and mask all areas not to be painted *Bid assumes that any furniture that the owner would like to have painted behind, will be moved to the center of the room. Any furniture that the owner would like to have painted around, will remain in place. • Paint all walls included in referenced scope of work. *Bid guarantees paint to full coverage. • Includes final touch-up and clean-up *Excludes electrical room, doors/jambs, bathrooms *Includes Sherwin Williams Promar 200 Eggshell,Sherwin Williams DTM custom match(gray and red) and all sundries Total: $8,608.00 plus tax COMMENTS: All items not listed above are excluded.Additional work shall be authorized prior to completion. Sherwin Williams paint is used for this estimate unless otherwise noted (competitors paint to be matched). Alternate bids are not included within the total cost estimate; sales tax is also excluded. Local Pros Painting is licensed, bonded, and insured. A trip charge and/or change order for any clean up needed from other trades will be issued if the job is not ready upon arrival. This proposal may be withdrawn by Local Pros Painting if not accepted within 30 days. • . Respectfully Submittred, Signature: Haley Pendergraft Printed Name: nice:: Paint Colors& Sheens:Main:Skyline Steel SW1015 Accent: Rustic Red SW7593 P.O. Box 826,Maple Valley,WA 98038 206-353-4566/haley@localprospainting.com LOCALPP910KH 10/31/2019 Renton Fire Station 13 Phone: 206-779-5953 Kyle Kauzlarich E-Mail: KKauzlarich@Rentonrfa.org JOB LOCATION: 18002 108th Ave SE Renton,WA We hereby propose to complete the service(s) listed below in a highly professional manner: INTERIOR SCOPE:Weight Room Only. No doors/frames. Walls and hard lid. • Prep all walls by spackling minor holes and cracks • Cover and mask all areas not to be painted *Bid assumes that any furniture that the owner would like to have painted behind, will be moved to the center of the room. Any furniture that the owner would like to have painted around, will remain in place. • Prime failing/raw substrate areas • Paint all walls included in referenced scope of work *Bid guarantees paint to full coverage. • Includes final touch-up and clean-up *Includes Sherwin Williams Promar 200 Eggshell and all sundries Total: $2,030.00 plus tax COMMENTS: All items not listed above are excluded.Additional work shall be authorized prior to completion. Sherwin Williams paint is used for this estimate unless otherwise noted (competitors paint to be matched). Alternate bids are not included within the total cost estimate;sales tax is also excluded. Local Pros Painting is licensed, bonded, and insured. A trip charge and/or change order for any clean up needed from other trades will be issued if the job is not ready upon arrival. Respectfully Submitted, Signature: Haley Pendergraft Printed Name: Date: Paint Colors&Sheens:Main:Skyline Steel SW1015 Accent: Rustic Red SW7593 P.O. Box 826, Maple Valley,WA 98038 206-353-4566/haley@localprospainting.com LOCALPP910KH 111/1/fipli2 Haley Pendergraft-Owner PO Box 826, Maple Valley, 98038 I (206)353-4566 Women's Business Enterprise Certificate: W2F0023742 SCS Certification#: 2195 NAICS Code: 238320 Painting and Wall Covering Contractors www.localprospainting.com I haley@localprospainting.com ABOUT Local Pros Painting has been operating for ten years as a full-service, paint contracting company. We offer complete commercial interior and exterior treatments. Local Pros is a Women Business Enterprise, a King County SCS Certified company, as well as a King County Housing Authority Section 3 Certified Business. We demonstrate great integrity from initially providing an accurate project proposal to guaranteeing 100%customer satisfaction upon job completion. Our team skillfully handles a spectrum of paint projects from apartment and condominium complexes to government projects and retail storefronts. Local Pros can accommodate business hours, schedule night work and handle time-sensitive work orders. Additionally,we are prepared to work with space limitations and create both budget friendly and efficient strategies for working amongst essential business and government agencies. Our company is truly sensitive to our customer's needs and we thrive in the challenges that come along with each paint project. CERTIFICATIONS February 2019 Aerial Lift Training Completed June 2018 OSHA 10 Hour Outreach Training Completed November 2017 Small Contractor and Supplier(SCS)Certified November 2017 Women Business Enterprise Re-Certified May 24, 2016 Completed WA State Dept. of Commerce Lead-Based Paint Program February 13,2015 King County Housing Authority Certified Section 3 Business February 11, 2015 Seattle Housing Authority Certified Section 3 Business November 3, 2014 Women Business Enterprise Certified COMPLETED PROJECTS FORMA CONSTRUCTION Fire Station 5, 9/19 Exterior Repaint RAFN COMPANY,MT. BAKER HOUSING Mt. Baker Village Apartments, 6/18-9/19, Interior and Exterior Painting of Apartments KING COUNTY SOLID WASTE Solid Waste Facilities Painting Improvements Contract 6/18-current Interior and Exterior Task Order Painting OAK HILLS CONSTRUCTION Seattle Municipal Tower, Floor 27,3/19 Interior Painting of Offices CITY OF MAPLE VALLEY Lake Wilderness Lodge,2/19 Interior Painting of Lodge, Offices and Conference Rooms RENTON REGIONAL FIRE AUTHORITY Fire Station 13,8/19,2/19, 11/18 Interior Painting of Offices and Conference Rooms KING COUNTY&SOUND TRANSIT Bellevue Transit Station, 10/17-12/17 Exterior Painting of bus terminal WESTERN VENTURES Fire Station 5, 8/17 Interior and Exterior Repaint KING COUNTY HOUSING AUTHORITY Task Order Contract Extension 3/18-4/21 Interior Painting EPC Project 12/17-current Interior Painting Parking Lot Striping 8/16-9/16 Parkway Apartments, Greenbridge Headstart 8/1/15-9/30/15 Exterior Painting Task Order Contract 4/15-4/18 EASTSIDE FIRE&RESCUE Fire Station 73,9/16 Exterior Painting FIRE DISTRICT 47 Fire District 47, 3/16-4/16 Interior Painting MOUNTAINVIEW FIRE&RESCUE Fire Station 92, 11/15-2/16 Interior&Exterior Painting Fire Station 97, 11/15-2/16 Interior&Exterior Painting CITY OF RENTON Renton Community Center,8/17, 8/16-9/16 Interior Painting of Community Center Henry Moses Aquatic Center,4/16-5/16 Exterior Painting of Wall and Fence Renton City Hall, 7/19, 11/18, 4/18,2/15-4/16 Interior&Exterior Painting SUHRCO RESIDENTIAL PROPERTIES LLC Sunnfjord Condominiums 2/16—17. Exterior Painting Bluegrass Condominiums 5/15—8/15 Exterior Painting MT.BAKER HOUSING ASSOCIATION 1423 31sT AVE S,SEATTLE Crestwood Place Apartments 7/16—9/16 Exterior/Railing Painting Valley Commons Apartments 1/10/14—7/3/14 Exterior/Interior Stairwell Painting Starliter Apartments 9/20/13—12/27/13 Interior Stairwell Painting Mt. Baker Village Apartments 11/20/13—12/11/13 Interior Painting REDONDO BEACH CONDOMINIUMS Redondo Beach Condominiums 4/17-5/17 REFERENCES FRANCIS GASPAY SENIOR ENGINEER King County Solid Waste C 206.477.5220 KURTH CONNELL PROJECT MANAGER RAFN Company 0 425.702.6697 DARREN STEELE SUPERINTENDANT RAFN Company C 206.510.3288 EVAN COCHRAN PROJECT MANAGER Forma Construction C 206.790.8094 KYLE KAUZLARICH FACILITIES MANAGER Renton Regional Fire Authority C 206.779.5953 SEFA O'REILLY PROJECT ENGINEER Forma Construction C 425.306.0709 KEVIN ANDERSON MAINTENANCE COORDINATOR King County Housing Authority C 206.714.0454 BURGANDI MCCURDY MANAGEMENT ANALYST/CONTRACTS King County Housing Authority C 206.574.1200 JEFFREY MINISCI FACILITY MANAGER City of Renton C 425.430.6614 CONOR HANSEN DIRECTOR OF REAL.ESTATE SERVICES Mt.Baker Housing C 206.257.2939