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SMALL WORKS CONTRACT AGREEMEIVT
TFIIS AGREEiV�ENT ("Agreement") is made as of the � day of January, 2017, (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 Cc�sc� Fire Protecti�n, ("Contractor"), who are collectively
referred to as the "Parties", to (Repair Fire 5prinkler Deficiencies, Renton City Hal,l 1055 South
Grady Way. 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 days calendar days after the Agreement's Effective Date.
4. Yerm of A�reement: The Term of this Agreement shall end at completion of the Scope of
Services, no later than 1�0 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. A�reerr�ent 5um: The total amount of this Agreement is the sum of fi 515.25 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 PaVrnent: 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
payrnent to Cbntractor for �ny work not campleted in a satisfactory manner until such
time�s Contractor►�r�odifies such work sa that the same is:satisfactory.
8: Mo1d Harrnle�s: Contraetor shall indemnify; defend and hold harmless Renton, i#s ��
eiected::;ofEicials, officers,agents; �mployees and volunteers,fram and aga'rnst any and afl
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claims, losses or liability, or any portion ef the same, including bwt not_ fimited to
reasonatile attQmeys' .fees, lega! expenses and litigation costs, arising�from injury or
cleath to persons, including.inju:ries, sickness, disease or death a� Corotractor's c�wn
employees, ager�ts and volunteers; or damage to property caus�ed by Contractor's
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rtegligen# act or omission, except for those acts caused by or resulting frari� a negligent
act or ornission by Renton,arid its officers,agenfs,employees and valunteers:
5hauld a court of competent juristlictian determine that this agreement is subject to
RCW 4.24.115, (Validity of;agreemertt to indemnify against liability for negligence relative
ta construction, atteration; impropement, etc, of structure or improvement attached'to
real e5tate...) then, ia the .event.of liability for darnages.arising out of.bodily injury to:
persons or damages°to property caused by or resulting from the concurr.ent negligence
af the contractor -aRd Renton, its officers, officials; employees, and volur�teers;
Contractor's liabrlity shall be only to the extent of Contracfior's negligence. ,
It is further specificaliy antl expressly understood that fihe indemnification�provid'ed in
this reement constitute Contractar's waiver of immu.nity under the Industrial
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Insurance Act, RCW Title 51, solely for the purposes of th'is indemnification.:The Parties'
hav�;mutually.negotiated and agreed to th'is waiver. i'he provisions of this section shalf
survive the expiration or terminatiori of this Agreement.
$;' Irtsurance: Cont�actor shall secureand maintainc'
a:: Cocnmercia� general liability insurance ir� the ;minimum amounts ;of
$'1,OOO;U00 fo�each,o�turrence/$2;OOO,UOO aggregate for the Term of this.Agreement:
b., Professional liabifity.insurance,;in.the minimum amount of$1,000,000 for
each occurrence, sha{1 also be s�cured for any profess�onal serviceS b�ing provided'to
Renton that are excluded in the commercial,generai'liability insurance:.
,
c: Warkers' Gomper�satian coverage, as required by the Industriat'lnsurance
laws qf"fhe State a.f 1Nash'rngton,shall also be secured.
d.. It is agr.eed tFiat on Cor�tractnr's commercial general liability policy, the
City of'Re�ton will be named as'an Additional Insured on a non-contributory. prima,ry _
basis. Renton's "insur.ance:policies shall not be a source for paymenfi of any Gontractor
li.abiiity:
e.. Subject #o Renton's review .and acceptance, a cerCi�icate of insurance
;showing the�proper endor5ements, shall be cfeliuered to Rentnn before executing the
rrvork of this Agreement:;
f: Contractor shall. provide Renton with written n�tice of ar�y policy
canceltetion,within two(2) busir�ess days of#heir receipt of such notice;
t0. D�serirnination 6�rohibit�d: Except to the extent p�ri�oitted'6y a bona fide occupationai
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qua(i�cafion;the Contractor agrees as fallows:
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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 a:nd
reti�ement provisions), honvrably:discharged veteran.or military status, or the presence-
of any sensory, mental or physical handicap, unless based upon a bona�fide occupationaf
qualification in;relationship to hicing an'd emplayment, in employment or:application for
employment,'the administration of the delivery of services or any other benefits under
this Agreement,or procurement of rnaterials or s�pplies.
b. Th� Gontractor wEll take affirmative action to insuce that applicants are
employed .and that'employees are treated ducing employment without regard 'to their
race, creed, eolor, national origin, sex, age, sexuaJ 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, recrui#ment or reeruitment
advertising, iayoff or termination, rates of pay or other forms of compensation and
selection for fr.aining,
c. If Contractor fails to cornply with: any of this Agreement's n9n-
discriminatian provisions, Renton shall have the right, at its option, to cance( 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 proje�t, virhich includes but is not limited to fair labor laws and worker's
oompensation..
11. Independer�t Contractor. Contractoc's employees, while engaged in the performance of
any af Contractor's services under this:Agr�ement, shall be considered employees of#he
Contractor and not employees, agents, representatives of Renton and as a result, sha11
not be entitled'-#o 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 Workrnan's
Compensation Act ctaims on behalf of Contractor employees, and any and all claims
made'by a third�party as a consequence of any ne�ligent acf or omission on the part of
Contracto�'s empfoyees, white engaged in services pcovided to be rendered uncfer #his
Agreement;shall be the salely Cont�actor's obligation and responsibility.
12. Prevaiiin�Wa$e Rates: Contractor must comply with the S#ate of Washington prevailing
wage requirements. Contractor must fiie an /ntent To- Pay Prevarling Wage at the
6eginning of the project and an Affidavr't of Wages Pa/d at#he end of the project with the
Washington State pepartment of Labor and Industries,
h�t : we�vvv.Eni:�ra. civ Trad��L:'tcensir� Pr��Vtta e de��u��.�s :
13. Record Ke�pin�.and Ret�ortin�: Contractor. shall maintain accounts and records; which
properly reflect all. d'irec# and indirect costs, expended and Services pr.ovided. in the
performance of this Agreement, The Contractor agrees to provide access to and copies
o#'.any records related to this Agreement as;required by the Ci#y to audit expenditures
and charges and/or to comply�with the Washingtan State Pubfic� Records Act (Chapter
42.56 RCW);
14: Publlc Records Compli�nce: 7o-the.full.extent the City determines nec�ssary to cc�mply
viiith the Washington 5tate Public. Records-Act, Contraetor shati make a due diligent
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search af atl records in its possession; including, 'but not' limited to, e-ma�l;.
eoi�respondence, no�es, saued telephone messages,-recordings, phatos, or drawiings°and
pravide;:them to the City for productio�. In the event Contractor believes said records
need to.be protected from disciosure, it;shall, at Contractor's own exp�nse, seek judicial
protectian. Contraator shall indemnify; defencJ, and hflld harmless the Gity.for:all costs;
including attarneys'fees, attendant to any tlaim orlitiga,tion.related to:a Public Records
Att request far wrhich Contractor has responsive records and far which Contrac�or has
-with�►eld recotds or i�formation contained therein, 4r nof provided them to the City:in a
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timely manner; Contraetor shaCl praduce for distr�bution-any and all.records responsive
to the Public Recortls Act request in a t'rmeiy manner, unless those records are protected
b�courf order: ,
i5.. Other Rro�isio�s:
a: Administration�nd Notices. Each individual executing this Agreement an
behalf of.Renton and Contractor r.epresents and warrants th�t such.individuals are dufy
authorized ta execu,te�and ;deliver this Agr�ement on behalf af Renton or Contractor;
Any nofices required ta be given 'by the �arties sMa:ll be delivered at the addresses s�t
forth below. Any noticQs rnay be deliuered personally to.tfie addressee of the no#ice or
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may be'depastted in the United States mail, postage prepaid, to the addre$s set forth
below. Any notice so post�d'in the United 5tates rnail shall be deemed received.three(3}
calendar days-after the date ofi rnailing. This Agreement shall be adrriinistered by and
any notices should be sent to the.undersigned'.individuals or:their designees:
b. Amendment and;`Modi�cation.. 7his Agreeme.r�t may be amended onlyby
an instrument;in writing, duly execu#ed by both_Parties.
'c: A��ignrrtent and Subcontract; ContTactor shall:nat.assign ors�bcontract
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any, partion of this Agreement; without the.:City of Renton's prior express written
consent. �
d�; Compliartce avi#h;°Laws: Contractor and all af,:the Contractor'S employees
shall perForm the services in accordance with all applicable f.ederal,state,eounty and city
laws, codes and� ordinances. A copy of thi5.�anguage must be rnade a part of any
cantractor or sulicontractor agreement.
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e. <Canflict�. . In the event of any inconsistencies between contractor
proposals and;#his contract,fihe terms offihis-contract shatLprevail.
f: Go�erning Law. This A�reement shall be m��e in.and shall be governed
by and'interpreted in accordance'with.the laws of fhe State of W�shingtan:
g. loint;Dr�fting Effort. This Agreement shall be considered for al!.purposes
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as:prepared by the joirtt efforts of.the_Parties and shail not be construed against one
party or the ofih�c as a result of the.preparation,substitution; submission or other event
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of'neg�tiation,drafting or execufion:
`h: Jurisdiction and Venue: .Any lawsuit or legal action'brought by any party
to enforce or-interpr.et th'is Agreernent or any of its terms or cavenants �ha#I be brought
in the King County Superior Cotart for the State of Washington at the :Maleng Regional
lustice Center in Kent, King County, Washing�on,or its replacement or successor.
i. ��ve�abilbt�r. A court of competent jurisdiction's determination that any
provision or part of this Agreement is illegal or unenforceable shall not, cancel or
inva.lydate the rerriainder of this Agreement,which shall remain in futf force and effect.
j. Sole and Entir� �4greernen#. This Agceement contains the entire
agreement of the Parties and any repre5entations or understandings, whether oral or
writter►, not incorporat�d are excluded.
k: Third-harty'��r��efieiaries. Nothing in #his Agreement is intended to, nor
shall be cdnstrued to give 2�ny rights or benefits in the Agreement to anyone ather fihan
t�e Aarties, and all duties and responsibilities undertaken pucsuant to fihis Agreement
will be for the sole and exclusive bene�t of the Parties and na one else:
I. 1Maivers. All waivers shall 6e in writing and signed by the waiving party.
�ither party's failure:to enforce any pravision of this Agreement shall not be a waivec and
5hall not pr�event either Renton or Contractor from enforcing that provision or any other
,provision ofi this Agreerv�ent in the future. Waiver ofi breach of' any provision of this
Agr.eement s�all not he deemed to be a waiver of any prior or subseqnent breach unless
it is expressly rn�alved in wr€ting.
IR4 Vl��7'NESS 1AI�iEREOF, the Parties have voluntarily entered into this Agreement as of
�ffec�ive Date.
CITY OF RE�lTON CONTRACTOR
` �...T.,,�.:,..' __
Kefiy 6eym r,Adm nistrator Cosco Eire Protec�tion
1055 South Grady Vt/ay 4308 5. 131$t PI:
Renton,Washingtan 98Q57 �ukwila, WA 98168
l / l �� �,��,�.��
Date Date
CITY OF RENTON COMMUNITY SERVICES DEPARTMENT
�11�C LC3I1 �
Renton city Hall
� SCOPE O� SERVICES �
ATTo4C H M E IVT A
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�'•�lAer•
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°•s*�• � F�re Prot�ctlon
October 20,2016
Renton City Hall
1055 S Grady Way
Renton,WA 98168
Attn:Paul Youngdyk
RE: Renton City Hall Deficiency Proposal � �
Dear Paul,
Cosco Fire Protection,Inc.is pleased to present you with the following proposal. Cosco Fire Protection hereby proposes to
furnish all labor,equipment and materials to perform all work as required,described in the following Scope of Work and
Exclusions.
Scone of work(Fire Sarinkler Svsteml:
➢ 5 YR Internal pipe exam is due on a115 systems
➢ 5 YR FDC backflush/investigate are due
➢ 2"main drain angle valve on P-1 West leaks
➢ All gauges are due for 5 YR replacement
➢ Butterfly tamper switch on wet for floors 1-7 needs to be replaced
➢ Penthouse sight glass is broken and needs to be replaced
➢ PRV on pump failed to open
$5,950.00
Exclusions•
➢ WA State Sales Taac. .
➢ Treatment or containment of expelled water.
➢ Relocation of existing Mains,seismic bracing or branch lines.
➢ Overtime or Night Shift Work.
➢ Fire Watch.
➢ Programming EST panel
➢ Seismic and/or Structural Review/Engineering/Permit Fees..
➢ Permit fees of any kind.
Proposal price: $5,950.00 total
Thank you for allowing Cosco Fire Protection the opportunity to compete for the Automatic Fire Protection work on this
project.We look forward to the opportunity of working with you and delivering the most cost-effective,value engineered
fire protection solution for your project.If you should have any questions or need additional clarification please don't
hesitate to call us(206)438-3370.
Sincerely,
C�SCO FIRE 1'R�EC1'ION Accepted By:
Title&Date:
i�Gak D�.
Kirk Davis
Inspections Manager
(206)438-3370
1Cf�U1�IS�(7:'C0.5i'OfYi.CGM t
4308 S. 131�`Place •�a Tukwila,WA 98168���Phone:(2061438-3360+�e Fax:(2061438-3356
COSCOFP 110NM
Dur Ozrote u�ill remuin in uffect,ft�r 30 duys,af er which it�s�ill be subjecr tr�revieiv.
Equal Opportunity Employer