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HomeMy WebLinkAboutContract CAG-17-008 ,,��.:,_ ����� c��`+��+� ¢���? ���������� '���:'" ':". � SMALL WORKS CONTRACT AGREEMENT THIS AGREEMENT ("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 V�R Sheet Nletal, ("Contractor"), who are collectively referred to as the "Parties", to Repair the cladding on the upper tower at Fire Station 12. 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. Chan�es 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 da�s 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 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. A�reement Sum: The total amount of this Agreement is the sum of ($9.3,57�.00) 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 Pavment: 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% witl 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 waric not completed in a satisfactory manner until such time as Contractor madi�es such work 5a that the sarrte is satisfactory. S. �old Harmless: Contractor shal! indemnify, defend and hold liarmfess Renton; its elected officials,ofFicers,agents;employees and vo{unteers,from and against any and all claitns, losses or liabi(ity, ar any portion of the same, including but not limited ta reasonable attorneys' fees, legal expenses and litigation costs, arising from injury or death �o persons, including injuries, sickness, disease or death cif Contractor's own employees, agents and valunteers, or damage to property caused by Contr.actor's negligent act or omissiar�, except for those acts caused by or resulting from a negligent act or omission by Rentori and its afFicers,agents,employees and volunteers. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.2�.i15, (Validity of agreement to indemnify against liability for negligence reiative to construcfiion, alteration, improvement, etc., of structure or improvement attached to real estate.:.j then, in the event af liabiiity for damages arising out of badily injury to persons ar damages to property caused by or resuEting from the coneurrent negfiigence of the contractor and Renton, its officers, officials, emplayees and volunteers, Contractor's iiabiiity shall be oniy to the extenfi of Contractor's negiigence. ft is further specificaCly and expressly understood that th� indernnificatian provided in this Agreement constitute Contractor's waiver of immunity ur�der the lr�dustria! Insurance Act, RCW 1"it{e 51, solely far the purposes af this indemnification. The Parties have mutually negotiated and agreed ta this waiver. The prov9sions of this section shal! survive the expiration ar termination of this Agreement. 9. Insuranc�: Contractor shall se�ure and maintain: a, Commercial general (iabilifiy insurance in the minimum amaunts af $1,000,004 for each occur�enceJ$2,000,000 aggregat�for the Terrn of this Agreement. b. Prafessionai liability ir�surance, in the minimum amount of$1,OOQ,404 for each occurrence, shall alsa be secured for any professiona{ setvices being provided ta Renton that are excluded in the camrnercial genera!liability insurance. c. Workers' compensatian caverage, as required by the Industrial Ensurance laws af the State af Washington,shall also be secured. d. it is agreed that an Contractor's camme�cial genera! liability policy, the Gity of Renton w�ll be named as an Additional Insured on a n.on-contributory primary basis. Renton's insurance policies shall nat be a source for payment of any Contractor liability. . e. 5ubject to Renton's review and acceptance, a certificate of insurance showing the proper endorsements, shail 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. 10. Discrimination Prohibited: Except ta the extent permitted by a bona fide occupationat qualification,the Contractor agrees as foliows: a. Gontractor; and Con#ractor's agents, empioyees�, represenfiatiYes, and volunte�rs with regard fio th� services performetl or to be performecl under this Agreement, sha11 not discriminate on the basis af race, calor, sex, religian, nationality, creed, marital status, sexual orientation or preference, age (except minimum :age and retirement provis'rons}, honorably discharged ueteran or miiitary status, or the presence of any sensary, mental or physicai handicap, urtfess based upon a bona fide occupational quaiifica�ion in relationship to hiring and employment, in employmenfi or appiication for emplayrnent, the admin'rstration of the del'rvery of services or any ather benefifis under t�is Agreement,or prqcurement of materiais ar supplies, 6, The Con#raetar will take affirrnative actian to:insure that applicants are emplayed and thafi err�pbyees are tre.ated during emplaymen� withaut regard to their raee, creed, ealor, natior►a) arigin, sex, a�e, sexuai orier�tation, physical, sensary or mentai handicaps, or marital status. Such action shali include, but not be limited ta the fQ!lawing ennployment, upgrading, demvtion or transfe�, recrcritment or recruitrr�ent advertising, layoff or terminakion, rafies of pay or other forms of comper�sation �and selectian#or training. c, if Contractor fails to compiy with any of this Agreement's nan- discrimir�atian prov€sions, Renton shaN have the right, at its option, to .cancel the Agre�ment in whole or ir� part. d. Cantractor is responsible to be aware of and in compliance with al! federal, state and local laws and regulations that may affect the satisfactory completian of the project, which includes but is not limited ta fair labor laws and worker's compensation. 1�. lndep�nder�t �t�eikrac�or; Cantcactor's employees, while engaged in the performance of any of Contractor's services under this Agreer�ient, shaU be cansidered ernployees of the Cantractor and nc�t erriploye�s, agents, representatives.of Renton and as a result, shail nat be entitled to any coverage or benefits fram fihe City of Renton. Contractor's relation to :Renton shal! be at all times as an independent contractor. Any and all UUorkman'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 orv�ission on the part ofi Contractor's employees;whi{e engaged in services pravided to be rendered under this Agreem�nt,shall be the solely Contractar's obligation and responsibility. 9.2. t�r�v�iting ViJ�,��tat�es: Contractar must camply with the State of Washington prevailing wage requirements. Contractor must �le an lntent To Pcry Prevailing Wage at the beginni.ng of the project and an Affidavit of Wages Paid at the end of#he project with the Washirigton State pepartment of �abor and industries, htt :J� 1www.Ir�i:wa.�ovlTradesl.icensin�,jPr�vWa��defauCt.as��. 13, 4��eord Kee�in� and R�por°�in,g: Contractor shall maintain accounts and records, whicti properly refileet al! direct and indirect costs expended anc! Services prvvided in the performance af this Agreement. The Contractor agrees to provide access to and c4pies of any recc�rds related ta this Agre�ment as required by the City�o audlf expenditures and charges and/or to campiy wi�h th� Washing�on State Public Records Act (Chapter �2,ss�cw}. �.4�, PublE���c�rds Ca�n�ali�nc�, To the fu!! extenfi the City determines necessary to compiy wi�� the UVashington State Public Records Act, Contractor shaH make a due diligent search of a!1 records in its possession, including, but not lirriited to, e-rrtail, correspondence, notes, saved telephone messages, recordings, pho�os, or drawings anc4 provide them to the City for production, In the event Cort�tractor belieues said records need to be protected from disclosure,it shal{; at Contractor's o�nrn expense, seek judiciaf pratection. Contrac�or shal) indemnify, defend,and hold harmless the City for all c��ts, inclucling attorneys'fees, attendant to any claim or litigation related to a Public Records Ac� request for which Contracto� has respi�nsive �ecords and far whrch Contractor has withheld reca�ds or information contained therein; or nnt provided them to the City in a tinnely rrianner. Contractor shall produce for distribution any and all records resporisive to the Public Records Act request in a timely manner, unless those records are protected by court order. 15. �J�h���rpv6sio�5: a. Administration and i�ote��s. Each individual executing this Agreement an k,ehal�of Renfian and Cantractor represents and warrants that such individuals are duiy authorized to execute and deliver this Agreement on behalf o�F Renton oc Contractar. Any notices required to be given by the Part'res shaH be deiiuered at #he addresses set forth below. Any notices rrtay be delivered personaily to fihe addressee af the notice or may be deposited in the United Sfiates mail, postage prepaid, ta the address set �orth below. Any notice so posted in the United States mail shal(be deemed rec�ived three(3} calendar days after the date of mailing. This Agreement shall be administered by and any notices shau,ld be sent to the undersigned individuals or theie designees. h. �iv��ndme�t�as�d iVlot4if�ca�ion. This Agreement may be amended only by an instrur�e�rt in varifiing,duly e�ecut�d by both Part`ses. c. Assignrn�a����td Sub�or��r�c'c, Contractor sha11 nat assign ar su6contract any portion of th�s Agreemenfi withou# the City of Rentpn's prior express wr�i�Len consent. d. C€impliance�r'sth �aen�s. Contractor and alf o��he Corttractar's empioyees sha{I perForm the services in accordance with alk appkicable federal,state,cout�ty and clty {aws, cades ar�d orc�inances. A copy ofi this languag� must be made a part af any contractor pr subcontractar agreemen�. e, Co�tfl6�ts. !n the event af any inconsistencies between contractor proposals and this contract,the terms of this cantract shal!prevail. f. �G��e�rning L��r. This Agreement sha![ be made in and shal! be governed by and interpreted in accordance with the laws of the State of Washington» g. Joirvt Draffing Effar�. This Ag�eemen�5hall �e considered for all purposes as prepared by the joint ef�orts of the Parties and shall not be construed against one party or the other as a result of the preparation,substitution,subrriission or other event of negotiation,_dra�ting or execution. h. .Oaarisdic�6an �nd 1/�n�ae. Any lawsuit or legal actian 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 fhe remainder of this Agreement,which shall remain in full force and effect. j. S�nle 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 Pa.rties 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 bteach unless it is expressly waived in writing. IIV WITi�ESS WFiEREOF, the Parties have voluntarily entered into this Agreement as of Effective Date. CITY OF RENTON CONTRACTOR � ` _ Kelly Bey er,Ad inistrator V&R Sheet Meta 1055 South Grady Way PO Box 2841 Renton,Washington 98057 YeIm,WA 98597 � ��11� � I �I�� � Date Date CITY OF RENTON COMMUNITY SERVICES DEPARTMENT ---� enton O Renton City Hall SCOPE OF SERVICES ATTACH M E NT A Phone 253-843-1344 Fax 253-843-0737 V�R P O Box 2841 S�CCT A'CT�L, [.�:C Yelm,WA 98597 vrsheetmetal @ atl.net VRSHESM973KM �id Pro�osal To: Citv of Renton Attn: Jeff Minisci Phone: Date: 10/06/2016 F�C• Pages• 1 RE: Fire Station #12 From: Rick Marcelle Inclusions: -Remove the existinq cladciinq on the upper tower, Install Ice ancl Water shield around the entire area, Install new metal panels that match the existinq standinq seam roof, Re flash all trim to ensure a permanent watertiqht seal Exclusions: W.S.S.T., bonds, permits, Biddinq Sections: Upper tower sidinq Bid Price: $ 12,400.00 + tax, includes prevailinq waqe filinqs Rick Marcelle