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SMALL WORKS CONTRACT AGREEMENT
1 �
THIS AGREEMENT ("Agreement") is made as of the c�� day of March, 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 (Mechanical &Control Services, IiVC, ("Contractor"), who
are collectively referred to as the "Parties", to Repair HVAC system, 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 10 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 20 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 ($6,457.21) 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. IVlethod 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
payment to Contractor for any work not completed in a satisfactory manner until such
time as Contractor modifies such work so that the same is satisfactory.
8. Hold Harmless: Contractor shall indemnify, defend and hold harmless Renton, its
elected officials, officers, agents, employees 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 resulting 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. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement. '
9. Insurance: 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-contributory 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, shall 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 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 thi.s
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,u,nder . , �
, this Agreement, or procurement of materials or supplies. �
b. The Contractor will take affirmative action to insure that applicants ar.e
employed 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. �
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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 Contractar: Contractor's employees, while engaged in the performance of ;
any of Contractor's services under this Agreement, shall 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 i
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. I
12. Prevailin�Wa�e Rates: Contractor must comply with the State of Washington prevailing "
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wage requirements. Contractor must file an Intent To Pay Prevailing Wage at the j
beginning of the project and an Affidavit of Wages Paid at the end of the project with the j
Washington State Department of Labor and Industries, j�
hfitp://vvwvv.lni.�a.�ov/TradesLicensin�/PrevlfVa�eL efault.asp. f
13. Record Keeping and Reporting: Contractor shall maintain accounts and records, which
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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 Records Act (Chapter
42.56 RCW). �
14. Public Records Compliance. 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 Notices. Each individual executing this Agreement on
behalf 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. Amendment and Modification. This Agreement may be amended only by
an instrument in writing, duly executed by both Parties.
c. Assignment and Subcontract. Contractor shall not assign or subcontract
any portion of this Agreement without the City of Renton's prior express written
consent.
d. Compliance with Laws. 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, Washington, or its replacement or successor.
i. SeroerabB6ity. A court of competent jurisdiction's determination that any
provision or part of this Agreement is illegal or unenforceable shall not cancel or
invalidate the remainder of this Agreement, which shall remain in full force and effect.
j. Sole 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-Par�y �eneficiaries.� 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 Parties and no one else.
I. V�aivers. 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 breach unless
it is expressly waived in writing. ,
II� WIl'NESS WHEREOF, the Parties have voluntarily entered into this Agreement as of
Effective Date.
CITY OF RENTON CONTRACTOR
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Kelly Beyme Admi trator � i
1055 South Grady Way ���t�� �42 8 ��c�S�C . �
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Renton, Washington 98057 Fife, WA 98424 '
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CITY OF RENTON COMMUNITY SERVICES DEPARTMENT
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City Of Renton
SCOPE OF SERVICES
ATTA C H M E N T A
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December 2, 2016
Renton Airport Facility
Clayton Scott Field
616 W Perimeter Rd
Renton, WA 98057
RE: F�EPAIRS FOUIVD DURIfdG SER\/ICE CALL
Dear]onathan,
During a recent service call to the above location,your MCS technician,Tim Clevenger,found the
following repairs that need your approval in order to proceed.
❑ SPHP-01B CARRIER M/iV: 40F5220300 5/M: C808759
VINTAGE: 1978 SERVES: CIVIL AIR CONTROL
The above unit's blower mo#or has failed. The blower motor must be replaced in order to
restore function to the unit. The blower and electric heat contactors are e�orn and pitted and
should be replaced before they cause further damage to the unit. The thermostat is very old
arad should be replaced for maximum efficiency. The filters also need to be replaced.
• Secure power to the unit
• Remove appropriate panel(s) for access
• Remove and replace the failed blower motor
• Remove and replace the blower motor capacitor
• Remove and replace the blower motor and electric heat contactors
• Remove and replace the old thermostat and replace with a new Honeywell wireless programmable
thermostat and equipment interface module
s Program thermostat per customer specifications and space needs
• Includes all electrical connection supplies and materials '
• Remove and replace both filters
• Reinstall panel(s) and restore power
• Start and test unit to verify proper operation after repairs are completed
• Clean work area of all debris when repairs are complete
• Includes all labor to complete the above repairs
• Includes �/z labor from the initial troubleshooting visit
• Includes 1 year parts&labor warranty
PRICE: $1,930.00
6426 18"' St E . Fife,VIIA 98424• Phone: 253.926.9777 • Fax: 253.926.92Z2
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❑ SPHP-02A T'i2ANE M/N: 2TII�A2048A3000.4B S/N: 403349N2F
VINTAGE: 2004 SERVES: CIVIL AIR CONTI�OL
The above unit has a failed outdoor TXV and the compressor contactor is warn and pitted. MCS
recommends installing a new compressor contactor to prevent damage to the compressor and
the TXV in order to restore mechanical heating operation.
• Secure power to the unit
• Remove appropriate panel(s)for access
• Recover refrigerant per EPA regulations
• Remove and replace the outdoor TXV
• Remove and replace the compressor contactor
• Includes all electrical connection supplies and materials
• Remove and replace filter drier
• Includes all brazing supplies and materials
• Pressurize refrigerant system with dry nitrogen to test for leaks
• Evacuate system per manufacturer's specifications
• Charge unit with refrigerant per manufacturer's specifications
• Reinstall panel(s) and restore power
• Start and test unit to verify proper operation after repairs are completed
• Clean work area of all debris when repairs are complete
• Includes all labor to perForm the above scope of work
• Includes �/z labor from the initial troubleshooting visit
• Includes 1 year parts&labor warranty
PRICE: $3,967.00
***Please Note: Proposal valid for 14 days from date of receipt***
Exclusions:
1.) Overtime hours
2.) Additional labor and materials not listed in the above scope of work
3.) Applicable taxes
Payrr9ent Terms: Net 30 Days.
Approved Signature: Date:
Printed Name:
642fs 18�' St E • Fife,WA 98424 • Phone: 253.926.9777 • Fax: 253.926.9222
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Thank you for the opportunity to be of service to you. If you have any questions, or if I may be of
further assistance, please do not hesitate to contact me.
Sincerely,
.C./��1,0. ��Rl�t�h'►.Cr,
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David Sterling
Director of Operations
Mechanical &Control Services, Inc.
6426 18"'St E • Fife,WA 98424 • Phone: 253.926.3777 • Fax: 253.926.9222