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HomeMy WebLinkAboutContract � CAG-17-022 . -: �_ �°�' c,�vf,�� > ,-,,...,,������ ���,�„�',��i��i�.�`.,��� '�""'.' SMALL WORKS CONTRACT AGREEMENT THIS AGREEMENT ("Agreement") is made as of the �day of February, 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 Seahurst Electric, ("Contractor"), who are collectively referred to as the "Parties", to (Provide Electrical Services at Airport Facility, 300 Rainier Ave North, Renton, WA 98057 ). 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 2davs 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 5 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 ($10,883.75) 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% 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 unti{ such time as Contractor modifies such work so that the same is satisfactory. 8. Hold Harmtess: Contractor shall indemnify, defend and hold harmless Renton, its elected officials;officers,agents, �mployees 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 resuiting 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. 7he Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this A�reement. 9. Insuranee: 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-corotributory 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, shal! be delivered to Renton before executing the work of this A�reement. f. Contractor shali provide Renton with written notice of any policy cancellation,within two (2) business days of their receipt of such notice. 10. Discrimina4ion 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 emptoyed 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, shatl 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. Prevailina Wa�e 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, htta://www.lni.wa.sov/TradesLicensin�lPrevWa�e/default.asa, 13. Record Keepins and Reportin�: 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 Reco�ds Act (Chapter 42.56 RCW). 14. Public Records Complaance. 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 No#ices. Each individual executing this Agreement on behaif 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. Amendrroent and Modif6cation. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. c. Assignment and Subeontract. Contractor shall not assign or subcontract any portion of this Agreement without the City of Renton's prior express written consent. d. Cornpliance with l.aws. 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. ' 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,VVashington, or its replacernent or successor. i. S�verability. A court of competent jurisdiction's determination that any provision or part of this Agreement is ille�al or unenforceable shall not cancel or invalidate the remairrder of this Agreement,which shall remain in full force and effect. j. Sole and �nt�re ��reern�nt. 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 �erre�iei�ries. Nothing in this Agreement is intended to, nor shall be construed to give any ri�hts or benefits in the Agreement to anyone other than the Parties, and ail duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. i. Vuaivers. All vvaivers shall be ire writing and signed by the waiving party. Either party's failure to enforce any provision of this Agreerr�ent shall no�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 br�ach of any provision of this Agreement shall not be deemed to be a waiv�r of any prior or subsequent breach unless it is expressly waived in writin�. IN 1AlIT�IES�S iAPHEREOF, the Parties have voluntarily entered into this Agreement as of Effective Date. CITY OF REIVTON COIVT OR ' � Kelly Be m�r,A inistrator Seahurst Electric 1055 South Grady Way 2915 Chestnut Street Renton, Washington 98057 Everett,Washington 98201 ���./l'1 c.��°.u�. � �.01�1 Date ate CITY OF RENTON COMMUNITY SERVICES DEPARTMENT -=---'' enton O City Of Renton SCOPE OF SERVICES ATTACHMENT A �. , .� /g,:. ����` ' :.: �x, . .` ,� � � � � , � Pro�iding A'f 'Eleci�ica!Senrices DE�IGNED ELECTRICAL SERVICE� PROJECT AGREEMEIVT D.4TE:2/3/9 7 CUSTOMER: City of Renton ADDRE'SS: 1055 S. Grady Way-Renton, WA 98057 CONTACT:Jeff Minisci PHONE: SITE:Airport Facility—300 RainierAve North—Renton, WA 98057 PROJECT: Change order to TEGG repair project COfVTRACTOR WILL PROVIDE TFIE FOLLOWING TO THE CUSTOMER TEGG#12664: • Provide and install new conductors to new 225A panel during installation of new panel PROJECT SCOPE PRICING (EXCLUDING APPLICABLE TAXES) ......o...............................$985.50 PROPOSAL CLARIFICATIONS 8c EXCLUSIONS 'Pricing is subject to review and subsequent revisions after thirty(30)days from date of issue. *Pricing is based on work performed during Standard Time(ST)Labor Hours, Monday-Friday. *If this scope of work is caused to be interrupted by or for the convenience of the customer or cannot be performed according to the agreed upon schedule and/or scope, additional charges may app/y. �Pricing excludes any/all necessary Utility Shut-Down costs and/or necessary Temporary Power. *Pricing excludes any/all necessary Equip/Component Replacement(s). *Pricing excludes any/all NEC Code Corrections/upgrades to existing Equipmenf and/or installations. `Pricing excludes any/all applicable State/Federal Sales Taxes. TERMS OF PAYMENT: N ET 30 PROPOSAL14CCEPTANCE: CONTRACTOR CUSTOMER BY BY DATE DATE Brian Pyle Design Electrical Services Seahurst Electric, Inc./TEGG Services 2915 Chestnut Street a Everett,Washington 98201 •Phone 425-258-1882�Fax 425-259-2794 Website www.seahurst.com•Contractor License SEAHUEl099QN .;i� � �, � � ����`: � LE�TR/C SERV / CE Providing TEGG Electr�cai Services DESIGNED ELECTRIC�►L SERVICES PROJECT AGREEMENT DATE: 1/25/17 CUSTOMER:Ciry of Renton ADDRESS: i055 S. G�ady Way-Renton, WA 98057 CONTACT:Jeff Minisci PHOHIE: SITE:Airport Facility—300 Rainier Ave North—Renton, WA 98057 PROJECT:Repairs per 2017 TEGG lnspection REVISED CONTAACTOR WILL PROVIDE THE FOLLOWING TO THE CUSTOMER TEGG#12662: • Provide and install(1)- 125A 120/240v,MLO,24ckt loadcenter with new breakers as a direct replacement. • Replace line side feeder into this panel. • Provide and install(3)-battery back-up exit signs in new locations • Locate countertop circuit and hidden junction box to a11ow access to splice or re-feed receptacte from new 20A circuit breaker in existing panel. • Provide and install(3)-120v,20A,GFCI receptacles in existing locations in kitchen/lounge area. TEGG#12664: • Provide and install(1)-225A,120/240v,MLO,42ckt loadcenter with new circuit breakers as a direct replacement � � Properly support existing conduits in basement Replace all 120v,20A general purpose duplex receptacles in the building(Approximately 35 items)and attach a grounding pigtail to the box they are installed in. Provide electrical permit for scope listed above PROJECT SCOPE PRICING(EXCLUDING APPLICABLE TAXES) ......................................$8,954.Q0 PROPOSAI.CLARIFICATIONS&EXCLUSIONS *Prfcing is subject to revlew and subsequent revisions afier thirty(30)days from date of issue. *Prlcing is based an work performed during Standard Time(STJ Labor Hours,Monday-Friday. *If this scope of work is caused to be internrpted by or for the convenience of the customer or cannot be performed according to the agreed upon schedule and/or scope,additional charges may apply. *Pricing excludes any/all necessary Util'1ty Shut-Down costs and/or necessary Temporary Power. *Pricing excludes any/a!1 necessary Equip/Component Replacement(s). *Pricing excludes any/all AIEC Code Corrections/upgrades to existing Equipmeni and/or installations. *Pricing excludes any/all applicable State/Federal Sales Taxes. TERMS OF PAYMENT: NET 30 PROPOSAL ACCEPTANCE: 2915 Chestnut Street•Everett,Washington 98201•Phone 425-258-1882•Fax 425-259-2794 Website www.seahurst.com•Contractor License SEAHUE1099QN