HomeMy WebLinkAboutContract CAG-17-081
��,_..
1 1Cs iz!
�
�,..,�»...+�+"""r"r�°� �,�1 r„� � ; � {� � ; ;
., .w ,�_ � � _ .. .
SMALL WORKS CONTRACT AGREEMENT
�a�
THIS AGREEMENT ("AgreemenY') is made as of the _�____ day of April, 2�17, (the "Effective
Oate") 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"), thraugh its
Community Services pepartment and B►ake Plumbi�, ("Contractor"}, who are collectively
referred#o as the"Parties",to Repair damaged interic�� branch seu,�er line, Fire Station 17, 14810
SE Petrauitsky RD, Renton WA 98058. 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 fu{ly incorporated into this
Agreement by reference as Attachment"A."
Z. 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
Ag�eement 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 1C3 ciays calendar days after the Agreement's Effective �ate.
4. Term of A�reement:The Term of this Agreement shall end ai campletion of the Scope of
Services, no later than 15 days from the Effective Date.This Agreement may be extended
to accomplish change orders, if required, upon mutual written agreement of Renton and
Contradar.
5. Astreement Sum: The total amount of this Agreement is the sum of 8 760.t}0 which
includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed
amount based an 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. Methad of PaYment: Payment by Renton for the Services will only be made after the
Services have been performed and a voucher or invoite is submitted in a form
atceptable to Renton. Payment of the initial 959'o will be made in the next pay cycle of
the Renton Finance Department after receipt of such voucher ar invoice (pay cycles are
bi-weeklyj. 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 ta withhald
,
payment to Contractor for any work not completed in a satisfactory manner until such �
time as Contractor modifies such work sa that the same is satisfactory. '
8. Nald Harmiess: Contractor shall indemnify, defend and hold harmless Renton, its
elected officiais,officers, agents, employees and volunteers,from and against any and all
claims, losses or liability, or any partion of the same, including but not limited to
reasonabie attorneys' fees, legal expenses and litigation costs, arising from injury or
death to persons, including injuries, sickness, disease or death of Contra+ctor's own
employees, agents and volunteers, or damage tv property caused by Contractor's
negligent act or omission, except f�or 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 (iability for negligence relative
to construction, alteration, imp�ovement, etc., of structure or improvement attached to
real estate...) then, in the event of liability for damages arising out of bodily injury ta
persons or damages to property caused by or resuiting from the concurrent negligence
of the contractor and Renton, its officers, officials, employees and voluntee�s,
Contractor's liability shall be only to the e�ent of Contractor's negligence.
ifical and ex ressl understoad that the indemnificatian provided in
It �s further spec ly p Y
this Agreement constitute Contrador'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 orterminatian otthis Agreement.
9. Insurance: Contractor sha{I secure and mainiain:
a. Commertial general liability insurance in the minimum amounts of
$1,000,000 for each occurrence/$2,00O,OOQ 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 prvvided 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 comrr►ercial general liability policy, the
Ciry 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 prope� endorsements, shall be delivered to Renton before executing the
work of this Agreement.
f. Contractor shall pravide Renton with written natice of any policy
cancellation,within two(2) business days of their receipt of such notice.
10. Distrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification,the Contractor agrees as follows:
a. Contrador, 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 adion to insure that applicants are
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 maritat 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 tompliance with all
federal, state and local laws and regulations that may affed the satisfactory completion
of the ro'ect, which includes but is not limited to fair labor laws and worker's
P J
compensation.
11. Independent Contractor: 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
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 ad or omission on the part of
Contrador's employees, while engaged in services provided to be rendered under this
Agreement, shall be the solely Contractor's obligation and responsibility.
12. PrevailinA Wage Rates: Contractor must comply with the State of Washington prevailing
wage requirements. Contractor must file an Intent To Pay R�evailing Wage at the
beginning of the project and an Affidavit of VliagesPaid at the end of the project with the
Washington State Department of Labor and Industries,
http:/1www.Ini.wa.a�v,�TradesL+c�^sir,g;'Preti�Wahe�default.asp.
13. Record Keeping and Reporting: Contractor shall maintain accounts and records, which
properly reflect all dired 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. Pubiic 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
protettion. 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 remrds 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 proteded
by court order.
15. Other Provisions:
a. Administration and Notices. Each individual executing this Agreement on
behalf of Renton and Contrartor represents and warrants that such individuals are duly
authorized to exewte and deliver this Agreement an behalf of Renton or Contractor.
n notices re uired to be iven b the Parties shall be delivered at the addresses set
A g y
Y 4
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. Contrador 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 Contractors employees
shall pertorm the services in accordance with all applicable federal, state, county and city
laws codes and ordinances. A co of this language must be made a part of any
, pY
contractor or subcontractor agreement.
e. Conflicts. In the event of any inconsistencies between contrador
ro osals and this contract,the terms of this contract shall prevail.
P P
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 const�ued against one
party or the other as a result of the preparation,substitution, submission or other event
of negotiation,draRing or execution.
h. lurisdiction and Venue. Any lawsuit or legal action brought by any party
to enforce or interpret this Agreement or any of its te�ms or covenants shall be brought
in the King County Superior Court for the State of Washington at the Maleng Regional
Justice Cente�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 ar unenforceable shall not cancel or
invalidate the remainder of this Agreement,wh�ch shall remam in ful
I force and effed.
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-Party Beneficiaries. Nathing 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 pu�suant to this Agreement
will be for the so{e and exclusive benefit of the Parties and no one else.
I. Waivers. A11 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.
IN WITNESS WNEREDF, the Parties have voluntarily entered into this Agreement as of
Effective Date.
CITY OF RENTON CONTRACTOR
,, � i'i�C,.;,.
Kelly Bey er,A inistrator Blake Plumbin
1055 South Grady Way Renton, Washington
Renton, Washington 98057
CITY OF RENTON COMMUNITY SERVICES DEPARTMENT
..----;---
--�----�"Renton Q
City Of Renton
SCOPE OF SERVICES
ATTAC H M E NT A
Location:
• Fire Station 17, 14810 SE Petrovitsky Rd, Renton, WA 98058
Start Date:
• Notice to Proceed + 1 Day
Description: Provide all labor, materials, and equipment to repair the damaged
interior branch sewer line located at Fire Station 17, 14810 SE Petrovitsky Rd,
Renton, WA 98058 and per Scope of Work Detail as indicated below
General information
• The performance of all work will be in accordance with OSHA and WISHA
safety requirements. Work in the accordance with applicable construction
and buildings codes.
� The project start date will depend on the award of notice to proceed.
• Provide dust control and protection of contents around the work area.
• Provide an HEPA Air Scrubber in the work area.
• All debris will be cleaned up during the repair daily: all debris shall be
disposed of off-site.
• Final Cleaning of the site to remove any remaining debris or material shall
be accomplished at the conclusion of the project
• This is a prevailing wage project
Scope of Work:
• Provide all labor, materials, and equipment to complete all work related to
the damaged interior branch sewer line at Fire Station 17, 14810 SE
Petrovitsky Rd, Renton, WA 98058 include but no limited to, the following.
• Notifications of local agencies, permits, testing, and reports as required.
• Provide all permits needed to complete the pipe repair.
� Digg up and repair the 4" cracked cast iron sewer line located underneath
the storage room next to the decon room
• Concrete to be removed is approximately 4" to 6" thick
• Cut out the damaged section of piping and installing new plastic pipe in its
place, provide pipe bed as necessary.
• Install a cleanout to the surface.
• Provide camera investigation further down the pipe to check the rest of the
pipe for any more damage.
• Back-filling the hole and re-pouring the concrete to be level with the rest of
the floor.
• Perform daily job site cleanup and perform final job site cleanup at the
completion of the scope of work
Provide an estimated duration of the project, along with schedule.
Jeffrey Minisci
Facilities Manager
Community Services Department
Phone:425-430-6643 Cel1:425-766-6159
JMinisci@rentonwa.gov