HomeMy WebLinkAboutContract CAG-17-008
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� 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