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HomeMy WebLinkAboutContract CAG-17-118 �.�.., �' ,� "�`�' � . W g �u+w.eMr�rrvW� �� . . SMALL WORKS CONTRACT AGREEMENT , s�' THIS AGREEMENT ("Agreement") is made as of the � day of May, 2Q17, (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 Mastercraft Electric ("Contractor"), who are collectively referred to as the "Parties", to add power cord drops at Fire Station 14 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 15 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 25 days from the Effective Date. This Agreement may be extended to accomplish change or�ers, if required, upon mutual written agreement of Renton and Contractor. 5. A�reement Sum: The total amount of this Agreement is the sum of ($3,619.00} 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% 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 wark not completed in a satisfactary manner until such tirne as Contractor modifies such work so that the same is satisfactory. 8. Hold Harmless: Contractor shall indemnify, defend and hald harmless Renton, its elected officials, o�cers, agents, employees and volunteers, from and against any and afl 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 ta persons, including injuries, sickness, disease or death of Contractor's own empioyees, 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. Shauld a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement tn indemnify against liability far negligence relative to �onstruction, alteration, impravement, 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 cantractor and Renton, its officers, of�cials, 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 af 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,oaa,000 for each occurrence/$2,OOd,000 aggregate far the Term of this Agreement. b. Professional liability insurance, in the minimum amount of$1,OQQ,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 tnsurance laws of the State of Washington, shall also be secured. d. It is agreed that on Contractor's commercial generai iiability policy, the City of Renton wi41 be named as an Additional Insured on a non-contributory primary basis. Renton's insurance policies shall not be a source far 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 poiicy cancellation,within two (2) business days of their receipt of such notice. 10. Discrimination Prohibited: Except to the extent permitted by a bona fide occupationa! qualification,the Contractor agrees as fallows: a. Contractar, 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 emp{oyment or application for employment, the administration of the delivery of services or any ather benefits under this Agreement, or procurement of materials or supplies. b. The Cantractor will take affirmative action to insure that applicants are empioyed 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, �ecruitment or recruitment advertising, layoff or termination, rates af 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 whofe or in part. d. Contractor is responsible to be aware of and in compliance with alf 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 iaws and worker's compensation. 11. Independent Contractor: Contractor's employees, while engaged in the performance of any of Contractor's services under this Agreement, shall be cansidered employees of the Contractor and not employees, agents, representatives of Renton and as a result, shall not be entitled to any coverage ar 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. Prevailin�Wage Rates: Contractor must comply with the State of Washington prevailing wage requirements. Contractor must file an lntent 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 5tate Department of Labor and Industries, http:/Iwww.lni.wa.�ov/Tradeslicensin�/PrevWa�e/default.asp. 13. Record Keepin� and Reportin�: Contractor shall maintain accounts and records, which properly reflect all direct and i�direct costs expended and Services provided in the performance of this Agreement. The Contractor agrees to provide access to and copies af any records re(ated to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washingtan State Public Records Act {Chapter 42.56 RCW). 14. Public Records Compliance. Ta the full exten# 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 pratection. Contractor shall indemnify, defend, and hold harmless the City for all costs, including attorneys' fees, attendant to any claim or iitigation related to a Public Records Act request for which Contractor ha5 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 Natices. Each individual executing this Agreement an behalf of Ren#Qn and Contractor represenfis and warrants that such individuals are duly authorized to execute and deliver this Agreement an behalf of Renton or Contractor. Any notices required to be given by the Parties shall be delivered at the addresses set forth belaw. Any notices may be delivered persanally to the addressee of the notice or may be deposited in the United 5tates 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 anly by an instrument in writing, duly executed by both Parties. c. Assignment and Subcontract. Contractor shall not assign or subcon#ract any portion of this Agreement without the City of Renton's priar express written consent. d. Compliance with Laws. Contractor and all of the Contractor's empinyees shall perform the services in accordance with all applicable federal, s#ate, county and city laws, codes and ordinances. A capy of this language must be rnade a part of any contractor or subcontractor agreement. e. Conflitts. In the event of any inconsistencies between contractor proposals and this contract,the terms of this contract shall prevail. f. Gove�ning Law. This Agreement shafl 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 ail purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the ather 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 Malen$ Regiona) Justice Center in Kent, King County, Washington,or its replacement or successor. i. Severability. A court of competent jurisdiction's determination that any pravision or part of this Agreement is iflegal or unenforceable shall not cancel or invalidate the remainder of this Agreement,which shall remain in fu11 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 incarparated are excluded. k. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed ta give any rights ar benefits in the Agreement to anyane 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. 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 ar any other pravision of this Agreement in the future. Waiver of breach of any pravision af this Agreement shalf not be deemed to be a waiver nf any prior or subsequent breach unless it is expressly waived in writing. iN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective Date. CITY OF RENTON CONTRACTOR ^M,,,., �'� Kelly Bey er, Ad inistrator Master Craft Electric�� 1055 South Grady Way 206 Frontage Rd. North suite A2 Renton, Washington 98057 Pacific WA, 98047 CITY OF RENTON COMMUNITY SERVICES DEPARTMENT ------�.•'"""tC�21i+fJ11� City Of Renton SCOPE OF SERVICES ATTACH M E NT A �� mastercra�t � ° ° �� �a ���c� � �� ����.� 206 Frontage Road N.,Suite A2,Pacific,WA 98047 Tel(253) 737-4367 Fax(253)737-4812 MASTEEI•127B8 PRICE QUOTATION FOR: �� �A'�''I�l��14 @ Renton, WA Bid date: 2/24/17 Bidding on: Electrical Estimator: Robbie Burrill TOTAL BID PRICE:..................................$3,290.00+tax Inclusions: ➢ Provide (2) new 120v 20amp dedicated cord drop receptacles in auto bay for vehicle charging; ➢ Install new EMT conduit and wiring from electrical panels on 2"d level; ➢ We have included (2)new breakers; ➢ Provide scissor lift rental; ➢ Electrical permit. Exclusions: ➢ Any work specifically not listed on this quote. This quote is subject to our acceptance of a mutually agreeable contract.Quote is valid for 60 days from the bid date,any extension must be approved in writing by Mastercraft Electric,Inc. Location: • City of Renton Fire Station #14 1900 Lind Avenue South West, Renton WA 98057 Start Date: � Notice to Proceed + 1 Day Description: • Provide all labor, material, and equipment to install two 20 amp 120 volt drop receptacle cords in ceiling above two separate auto bays. Located at Fire Station #14 1900 Lind Ave. Southwest, Renton WA 98057 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 accordance with applicable construction, building, and electrical codes. • The project start date will depend on the award of notice to proceed. • All debris will be cleaned up during the install daily: All debris shall be disposed of offsite. • 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 installation of 2 20 amp 120 volt dedicated cord drops in auto bay area. Of Fire Station #14 1900 Lind Ave. Southwest, Renton WA 98057. Include but not limited to,the following. • Notifications of local agencies, permits,testing, and reports as required. • Provide all permits needed for electrical installation. • Install new EMT conduit from electrical panel to receptacle locations in auto bay. • Provide proper strain relief for 20 amp 120 volt cords to be dropped from ceiling to floor. (roughly 20') • Cord caps shall match up to male receptacles on emergency vehicles. • Install circuit breakers as needed to accommodate space in existing panel. • Perform daily jobsite cleanup and perform final jobsite cleanup at the completion of the scope of work. Provide an estimated duration of the project, along with schedule. Please RSVP by email to arrange a job site walk through. Brian Hammon Electrical Technician Community services Department Phone: 425-430-6673 Cel1:253-720-4636 Bhammon@rentonwa.gov