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� SMALL WORKS CONTRACT AGREEMENT
THIS AGREEMEIVT ("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 Cosco Fire Prot�ction, ("Contractor"), who are collectively
referred to as the "Parties", to Repair Fire System Code Violations, Renton City Hall 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 davs calendar days after the Agreement's Effective Date.
4. Term of A�reement: The Term of this Agreement shall end at completion of the Scope of
Services, no later than 180 days from the Effective Date. This Agreement may be
extended to accomplish change orders, if required, upon mutual written agreemen# of
Renton and Contractor.
5. A�reement Sum: The total amount of this Agreement is the sum of 1 fi42.50 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
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payment.to Confiractor for any work not completed in a satisfactory manner until sueh.
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€ime as Contractor modifes such work so that tfie sarne is satisfactory.
8. Hold Harmless: Contractor shall indemnify, defend. and hol� 'liarmless Renton, its
elected a�cials,officers,agents,employees and volunteers,.from and against any and;all.
claims, losses,or #iability, or any portiun .of .the same; including but not limited to
reasonable attorneys' fees, legal' expenses. and litigaYion costs,. :arising from injury or �
death to persons,: including injuries, sicknQss, disease 'oc death of Con�ractor's own
employees, agenfs and volunteers, or damage to property caused by Contractor's
negligent act or omission, except'for those,.acts caused by or resufting from a negligent
act or om�ssion by Ftenton and its'afficers,a�ents,em�loyees and volunteers.
Should a cflurt of competent jurisdiction determine that this agreement is subject to
RGW 4.24:115, (Validity af agreement to indemnify against iiability for negllgence relative'
to constructit�;n, aiteration;:improvement; etc;, df structure or improvement attachetl to
reaf estate .) then, in the event of liability for damages arising out of bocfily injury�to
persons,or damages�to praperty caused by or rese�lting from the concurrent negligence
of the; :contractor and Renton, its officers, officials, ;employees and' volunteers,
Gontractor's liability shadl be only to-the eictent of Cor�tracto�'s negligence.
It-is furth.er.specificaqy and expressly ur�dersto�od that the ir�demnifcation provided in
th�s Agreement constitute Contractor's waiver of Emmunity under the Industrial
InSur�nce Act, RCW Tit1e 51, solely for the purposes of this i�tdemnificatitin. The Parties>
have.mutu�lly negotiated and agreed to=this waiver. The provisions of this s�ection slialf
survive the expiratian vr termination of this Agreernent.
9. �Irosurante: Contractar shall-secure-and`maintain:
a: Commercial -general. I�ability insurance 'in the minimu:m. amounts of
$1,000,00(}for each oecurrence/$2;OUO,OUO aggregate fortlie Tecm af tHis Agreemen#..
b: Professional Iiability insurance;'in the rninimum amount of$1,Oq0,00�for
each occurrence, shall also be secured for any profiessianal services being.provided to
Renton that are excluded in the commercial general.liability insurance.
c: Workefs' compensation coverage, as required' by the Ir�dustria! Insurance.
I,aws of the°State of'Washington,shall also be secured.
d:, it is agrepd that on Contractor's commerciaf general liability policy, tfie
Gi�y.of Renton wilE be named as an Additionaflnsured on a non=contributory primary
basis. Renton's insucance poticies,sh�ll not be a source for payment of any Contractoc
liability: _
:e. 'Subject ta Renton's review and acceptance, a certificafe of insurance
showing the proper endorsements, shall be delivered' to Renton before.executing the:
work of this Agreernent;
,f. Contractor 'shalf provide ,Rentan with wr.itten notice of any: policy.
canceftation,within two(2)business days of their receipt of sucFi notice:
14:, Discrimina�fon:Prohibltecf: Except to the extent pecmitted by a bona #ide occupational
. , . _
qual�cation,#he Cantractor.agrees as follovus:
a, Contrartor; and Contractor's agents; employees, represeratatives, and
volunteers with regard to the services perfcirmed or to be performed under this.
Agreem�nt, shall not discriminate on the basis of race, color; sex, religio�, nation�lity,
creed, maritai status, sexual orientation or prefer.ence, age (except minimurn age and
retirement prouislons}, hpnorably discharged veteran or mi#itary status, or the presence
of any sensory, rnentai or physical handicap, unless based upon a hona fide.occupational
;qualificatian in relat�onsF�ip to hirin�anct employment, in employrnent or application for
employment; the administrativn o�the delivery of services o� any other benefits undec
this Agreem'ent,or procurem�ent of material's or supplies`,
b. The Contractar wi1!' take affirmative action to insure that:applicants are
ernployed and�that employees are tteated during employment without regard to,their
race;: creed; color, na�tional arigin, sex; a�e, sexual orientatian, phystcal, sensory or
m'entaf.I�andicaps, or.marita! s#atu�. Such acfiion shall inclt�de, but not be timited to the.
followi�rg emp�oyrnent, .upgrading, demoti�n or transfer, reccuitment or recruitmenf
advertising, layoff or termination, rates af pay: or otMer forms of compensation and
seiection�'or training.
c: If Gontractor fails to cctimply with any of this �greeme�t's non-
>,discrir'tiittaticsn p�'ovisians; ftent4n shall have the right,-at its option, to cancel the
A�reement in whofe or�n part:
d. Contractor is: responsilale to be auvare of' and in .compliance with all
federal;state and local laws and regulations that may affect the satisfactory completion
af the project, which includes but is not limited to fair labar lav�s and worker's
compensation.
11., Independent Contractor: Contra�tor's employees, whi{e.engaged in the.perforrnance of
any of Contractor's.services under,this A�reement, sha�f be Considered:employees of the
Contra�tor-and.�not employees, agents; representatives of Renton ancl as a resu�t, sha[I
not be entitled to anycoverage or;benefits from th�City'of Renton„ Contractor's relation
to Renton shall be.a� all ti:mes as an ihdependent:contractor. Any an�l all Workman's
Com{�ensation Act claims :an, behalfi of Cantractar. employees,,ar�d any and a11 clairns
rr�a�ie 6y_.a.third-pa�ty �s a consequence c�f a'ny negligent act or omission an the part of
C'ontr.actor'S,empioyees, white engaged in services provided to be rendere.d under this
Agreement, shalE be#he salely Contractor's obtigati�n and responsibility.
IZ: Prevaitin�Wa�e Rates: Contractor must comply with the State afi Washingtan prevailing
wage requirements. Contra+ctor must file an tntent To Pay Prevailing Wage at the
begiit��ng af the`project and ari Affidavit'of Wages Paid afi the end of the pirojec#with the
Washi.ngton Sfate Department of labor and Industries,
h�°� : "v�e�v�,v.lr�i:w�. cau Trad`esl.lc+�n�ir� �re�i�l� � def�u�t.as .
13. Record Ke�pin�and-Reportin�: Contcactor shali maintain accounts and recai'ds, whieh
p�roperly reflect all direct and inclireCt costs expended �nd Services pr.ovided in the
performance of this Agreement. The Contractor agr�es ta qrovide access>ta and cc��+es
vf any �ecords related to this A�reement as:required by the �ity to_ aud�t expenditures
and charges.and/or to comply with fhe Vllashington.State Pubiic Records Act„{Chapter
42.56 R�W).
14. Publit Records Car►�ptiance. Ta th� full extenfi the City determines necessary to comply
with the Washing�on State.Pubfic Records Act,,Contractor shall make a due tliligent
search of aii records in its . possess'ian,, 'inc(udin�, but not .timited to, e-mail,
p.
corres on"dence, notes,.saved telephoi�e messages, recordings, photos�or tlrawings and
prov�de`#hem to the City for production. In the eVen# Cohtractor believes said �eCo'[ds
need to.;be protected from disc�esure, it shall, at Contractar's own expense, seek judicial
protection. Co.r�tractor shalt indemnify, defend, and hold harmless:the City for all costs,.
including attorneys' fees, aftendant to any cla'im or fitigation:releted #a a Pubtic,Records
Act:request for whieh Contractgr has responsive records 'and for which Contractor has
withheld records or in#ormation contained therein;or not provided them to the City in a
timely manner, Contractor shall.ptod�ce for distribution any anci alf records responsive
to the Public Records>Act request in a tiric►ely manner, unless those records are protected
by court ordec�
15. Other Provisions:
a. Administration and Notices, Each individual execcating this Agreement on
�ehalf c�f Renton and.Cflntr.actor represents and warrants.that such indi`v3duals are duly
aufhorized to ,execute and deliver this Agreement on behalf of Renfo�, or Contrac#or.;
Any notices required to be given 6y the Parties shall be de(ivered at the_addresses s�t
forth below. Any notices may be delivered persona[ly to the addcessee of the natice or
rnay be depositetl in fihe Unified States`mail, ,postage prepaid, to the address set forth
below; Any:notice so posted irt the United,States mai{shalf be deemed�received;three:(3}
calendar days after the date of mailing: This Agreement shall be administered by and
a�y notices should be sent to the.undersigned individuals ar their cfesignees.
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b; ,;Amendmenfi and 11�odification:.This A�reement may be amended only hy
an i�strument in writing;du�y executed by both.Parties.
c. Assignment and 5ubtontract: Contractor shali not assign or subcontract
ar�y poition of this Agreement without the� City of Renton's prior express written
consent.
d: Campli�nce+uith laws. Contractor and all of the Contract9�'s employe�s
shali perform the servic�s in aceo�dance with�,a41 applicable federal;state,county and city
�aws; codes ,and ordinances. A.cop�-o€ fhis 'language .must be made a part of`any
contractor or subcontractor agreemen�.
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e. Confli�ts. in the event of �any incansistencies between contractor
� proposals�and this contract,the.terms of this contract sliall prevai{:
f: Governin�:Law. Tfiis A�reement shall be made in:and shalt be governed
fiy and interpretetl in�r.�ordance uvith the laws nf the Staf�of Washingtnr�:
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g': JoFnt Draftin� Effort. This Agreement sk�all be considered for all purpases
as prepa'red by the joint efforts of�the Parti+es and shall'no#.be construect against one
pa�rty oc the ather as a.result af the preparation; substitution, submission o�other event
of negatiation,`drafking or execution: � .
h: Jueisdictianand i/enue. Any lawsui# or'le�al action'broe�ght by any party
to enforce�or.interpret this Agreement or any of its terms or cavenants shall be brought
in the King Gounty Superior Court for the State of Washingfon at the Maleng Regiona)
Justice Center in Kent, King County,lNashington�or its replacement or successor.
i. Severabili#y. A court of competent jurisdiction's deterrnination that any
p�ovision or part of this Agreement is illegal or: unenforceabfe shall not cancel or
invalidate the-remainder of this Agreement,which shall rema.in in full force and effect.
j°. Sole and Enfire A�reement. This Agreement contains the entire
agreement of the Parties and any representations or understandings, whether oral or
written,.nat incorporated are exciuded.
k: 4hird=Party Beneficiaries. Nothing in this Agreement is inte.nded to, nor
shall be construed to give any rights or bene�ts in�the Agreement to anyone ofher than
the Parties, and all duties and responsibilities undertaken pursuant to this Agreement
will be for the sole and exclusive:benefif of the Parties and:no one else.
I. VIlaiyers. All waivers shall be in writing and signed by the waiving party.
Either party's failure to enfarce any provision of this Agreement shail not be a waiver and
shall not.p[event either Renton or Contractor frorn enforcing that provision or any other
• provision of this Agreement in the future:. 1Naiyer of �reach of any provisio� af this
,4greement shall,no#be deemed to be a waiver of any prior orswbsequent breach unless
it is expressly waived ire writing:
iN WITNESS WHEREOF, the Par#ies have voluntarily entered into th'rs.Agreement as of
Effective Date.
� CITY OF RENTQN CONTRACTOR
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Ke�ly Beym ,Ad istrator Cosco Fire Protection
1055 South Grady VVay 4308 S. 13�1�PI.
Renfion;Washington 98057 Tukwila,WA.9$168
`G6 ��L� I� ���:- ,�/�
pate Date
CITY OF REIVTON COMMUNITY SERVICES DEPARTMENT
ent�n O
Renton City Hall
SCOPE OF SERVICES
ATT�4 C I�IVI E N T �4
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'•���••� � Fire Protectlon
November 17,2016
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.
Scoae of work(Fire Snrinkler Svstem):
➢ Install head guards(4)on heads in various locations
➢ Install missing trim ring inside police men's locker room
➢ Remove 1 head and plug where 2 heads are closer than 6 feet together above IT service desk 1 S`floor
➢ Adjust height on pendant head in 15`floor IT room
➢ Add 1 head in server room at 3rd floor training room
$TIME&MATERIAL
NTE:$1,500
Exclusions•
➢ WA State Sales Tax.
➢ Treatment or,coritainment of expelled water.
➢ Relocation of existing Mains,seismic bracing or branch lines.
➢ Overtime or Night Shift Work.
➢ Fire Watch.
➢ Programming EST panel
➢ Seismic and/or Structural ReviewBngineering/Permit Fees..
➢ Permit fees of any kind.
Proposal price: NTE$I,S00.00 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,
C0SC0 FIBE PRO'A'ECTION Accepted By:
Title&Date:
x�a�
Kirk Davis
Inspections Manager
(206)438-3370 '°"
kdcavisia-,coscofire.cntn
4308 S. 131�`Place •��Tukwila.WA 98168���Phone:(206)438-3360+��Faac:(2061438-3356
COSCOFP 110NM
O2lY OtfGIE'iV7II P2»tqlli TFt CIf��'Cl f)Y 3O C7�GtiS,ulter rvhich it irill he suUject fa revic+io•.
Equal Opportuniry Employer