HomeMy WebLinkAboutContract ' � CAG-17-126
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SMALL WORKS CONTRACT AGREEMENT
THIS AGREEMENT ("Agreement") is made as of the ��day of June, 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 PSR Mechanical, ("Contractor"), who are collectively
referred to as the "Parties", ta Re�lace Hydronic Heat Pump 504, Renton City Hall 1055 South
Grady way. Renton and Contractor agree as set forth below.
1. Scope of Services: Contractor will provide all material and labor necessary to perform ali
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 af the Agreement no
later than 30 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 45 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 j�8,279.70) 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 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 worl< not completed in a satisfactory manner until such
time as Contractor modifies such work so that the same is satisfactory.
8. Hold Harmless: Contractor shal) indemnify, defend and hold harmless Renton, its
elected afficials, 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
deafih 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 negotiafied and agreed to this waiver. The provisions of this section shafl
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,OOQ,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement.
b. Professional liability insurance, in the minimum amount of$1,00O,OOQ for
each occurrence, shall also be secured for any professional services being provided to
Renfian 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 Additionaf 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 fihe
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 occupationa!
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, retigion, 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 ta 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 marital status. Such action shall include, but not be limited to the
following employment, upgrading, dem�tion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection fortraining.
c. If Contractor fails to comply with any of this AgreemenYs non-
discrimination provisions, Renton shal( 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 Cvntractor: 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 negligenfi 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�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,
http://www.lni.wa.�av/TradesLicensin�/PrevWa�e/default.asp.
13. Record Keepin� and Reporting: 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 recards 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 Compiiance. To the fuil 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 shal) indemnify, defend, and ho(d 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. Administratian 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. Cantractor 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 ofthe State of Washington.
g. loint 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 Washingtan at the Maleng Regional
Justice Center in Kent, King County, Washingtan, or its replacement or successor.
i. Severability, 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-Party Beneficiaries. Nothing in this Agreement is intended to, nor
shal( 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. Waivers. Afl 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 WHEREOF, the Parties have voluntarily entered into this Agreement as of
Effective Date.
CITY OF RENTON CONTRACTOR
� . . , .
Kelly Beyme , Admi istrator PSR Mec anical
1055 South Grady Way 3132 NE 133rd St
Renton, Washington 98057 Seattle, WA
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CITY OF RENTON COMMUNITY SERVICES DEPARTMENT
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-------'Renton O
City af Renton
SC�PE 4F SERVICES
ATTACHMENTA
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� ��Y A Service Logic Company
3132 NE 133rd Street
Seattle,WA 98125
(206j 367-2500
www,psrmechanica I.com
r ' Pro os �
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PP 44
April 12, ZO?7
r�EVlS��: N#ay 22,2�17
Prepared for:
City of Renton
City Hall Building
1055 S. Grady Way
Renton, WA 98057-3232
Confidential&Proprietary
PSR MecF�anica! � Project Proposa!PP1Q6844
Clienfi C?bjectives
RepSace one�i)Nydror}ic Heat Pump
• Hydronic heat pump 504 has a failed compressor.
• As an alternative to pulling this 29-year-old unit out from above the ceiling,disassembling,replacir�g the
failed components,and then reinstalling it back into the ceiling,we are proposing to remove and replace
this hydronic heat pump.
Provide High Efficiency Unit
. The existing hydronic heat pump's design does not have air side economizer.
• We will need to install a hydronic loop branch line shut-off solenoid valve and flow control on the new
hydronic heat pump that will also need to exceed 2015's Washington State Energy Code standard efficiency
energy requirements by+10�.
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April 12, 2017 Confidential&Proprietary P a g e � 1
REVISED: May 22,2017
(PSR Mechanical � Project Proposal PP81260I
Project Agreement
By and Between
Company: Ciient:
P5R Mechanical City of Renton,
' 3132 NE 133rd Street 1055 S.6rady Way
Seattle,WA 98125 and Renton,WA 98057-3232
(206)367-250� leff Minisci,Facilities Manager
(Nerein after referred to as"Company") (Herein after referred to as"Client")
Company will provide the enclosed scope of work[PP106844,Replace Hydronoic Heat Pump#504J at the following
location(s):
City of Renton-City Hall Building
1055 S Grady Way
Renton,WA 98057
Scape o€Work
We are proposing the labor and materials required to replace one(1)existing Trane,water source hydronic heat
pump with one(1)new Climate Master,water source hydronic heat pump,of equal capacity.
Specifically including the following items:
1. Isolate,drain,and disconnect the hydronic branch piping and the condensate drain piping.
2. Isolate and disconnect the electrical power and control wiring.
3. Removal and disposal of the one(1)existing Trane,water source hydronic heat pump,Unit#504,
Model#GEH801511H0110LRD0100001�,Serial�#W02M60522(nominal 1.25-ton)
4. Provide one(1)new Climate Master,water source hydronic heat pump,Unit#504,Model#TCH-015
(nominal 1.25-ton,high efficiency 15.5 EER&5.1 COP),and install it into the original location.
5. Reconnect the existing electrical power and contro!wiring.
6. Modify the unit's existing supply and return hydronic lobp branch piping,providing and installing one
(1)new motorized/2-way/normally closed/zone valve,one(1)new auto flow limiting valve/wye
strainer/CTPA ports assembly,and two(2)new fire rated hoses.
7. Reconnect the new unit to their respective existing condensate drain branch piping.
8. Reconnect the new unit to the existing supply duct.
9. Start up and test.
10. Mechanical Permit and low voitage electrical permit.
11. One year equipment and labor warranty,with a five-year manufacturer's compressor warranty.
�pril 29, 2015 Confidential&Proprietary P a g e � 1
REVISED: May 22,2017)
PSR Mechanical � Praject Propasa!PP1�6844
Total cost to replace this hydronic heat pump is.........................................................................$9,527.00
PSR's participation GSP maintenance customer..........................................................................$2,000.00
Adjustedtotal cost is..................................................................................................................$7,527.OU
�April 29, 2015 Confidential&Proprietary P a g e � 2
REVISED: May 22,2017�
PSR Meehanicai � Project Proposal PP106844
Extended Warranty
An extended one-year warranty(two years totai)is available on this equipment if covered under one of ASR's
comprehensive service programs.
�XCIlI5I0I1S
•Washington State Sales Tax •Overtime and Weekend Labor
•Sub-Standard Code Conditions • New Service Disconnect
• Fire Alarm System In#erlocks •Structural Engineering and Modifications
• Office Furniture Moving •Air Balance
•Repair or Replace Existing IndoorDuct Distribution �Flsbestos Removal
• Resolving Existing 5ub-Standard Code Conditions
Payr��ent Terms
7hirty percent(30%}down payment due upon acceptance.Month progress billings per Terms and Conditions
enclosed. Balance due within ten(10)days of receipt of invoice upon project completion.The proposal is the
property of the Company and is provided for Client's use only.Company guarantees the price stated in this
Agreement for thirty(30)days from proposal date above.
Campany Client
Nick Sin��F—�'"� Project Manager Print Name
Approved for Company by: Signature
Neil Bavins President Title
! Date Date
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� �pri)29, 2015 Confidential&Proprietary P a g e ( 3
REVISED:May 22, 2017)