HomeMy WebLinkAboutContract � CAG-17-022
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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
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Kelly Be m�r,A inistrator Seahurst Electric
1055 South Grady Way 2915 Chestnut Street
Renton, Washington 98057 Everett,Washington 98201
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Date ate
CITY OF RENTON COMMUNITY SERVICES DEPARTMENT
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City Of Renton
SCOPE OF SERVICES
ATTACHMENT A
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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
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� 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