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HomeMy WebLinkAboutContractSMALL WORKS CONTRACT AGREEMENT THIS AGREEMENT (“Agreement”) is made as of the _ __ day of _____, 2022, (the “Effective Date”) by and between the City of Renton, a non-charter code city under RCW 35Aand a municipal corporation under the laws of the State of Washington (“Renton”), and Holaday-Parks, (“Contractor”), INC, who are collectively referred to as the “Parties”, to Replacement of the Main Waterline that services the Main AHU from the 7th Floor Custodial Closet to the Roof. 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 30 calendar days after the Agreement’s Effective Date. 4. Term of Agreement: The Term of this Agreement shall end at completion of the Scope of Services, no later than 30 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. Agreement Sum: The total amount of this Agreement is the sum of ($31,815.60) 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          CAG-22-154 6th May PAGE 2 OF 6 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.          PAGE 3 OF 6 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 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 ensure 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, 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, 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 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. Prevailing Wage 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.gov/TradesLicensing/PrevWage/default.asp.          PAGE 4 OF 6 13. Record Keeping 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 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.          PAGE 5 OF 6 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.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 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. l.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 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.          PAGE 6 OF 6 IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective Date. CITY OF RENTON By:_____________________________ CONTRACTOR By: _____________________________ Martin Pastucha Public Work Administrator 1055 South Grady Way Renton, WA 98057 Brent Walley Account Executive – MEP Service _____________________________ Date _April 20, 2022_________________ Date Approved as to Legal Form By: __________________________ Shane Moloney Renton City Attorney Contract Template Updated 11/26/2019             Approved by Cheryl Beyer via 4/29/2022 email City of Renton HMAC Raypak Boiler #1 Replacement Project March 17th, 2022 (Thursday) – 11:00AM till 12:00PM • Location: o City Hall - (1055 S. Grady Way, Renton, WA 98057) • Work Scheduled: o Weekday Work (Monday thru Friday) o Work Hours (To Be Determined) o Start Date (To be Determined) • Walk Thru of Work Area o Questions can be asked during Walk through but once it has been completed; facilities cannot answer questions after the walkthrough. • Expectations: o Arrive on Time when Scheduled o This is a Prevailing Wage Project o Contractor to observe proper OSHA safety protocol throughout project o All work to meet Plumbing Industry Standard and Codes o Provide all Permits associated with the Project, if required o Replace the Main Water Line that feeds the Main AHU from the 7th Floor Custodial Close to the AHU Cooling Towers. ▪ X-Raying of Location will be required if new penetration is needed. ▪ No Pro-Press to be used ▪ Type L Copper Pipe to be used ▪ Waterline located inside the building can be re-routed as needed ▪ Freeze protection of Waterline on the Roof is required. ▪ Three Shutoff Ball Valves; one in the custodial closet; one prior to the inside Roof Penetration, and one on the roof line. ▪ Drain Valve in the custodial closet to allow Waterline to be drained ▪ Hose Bib on the Waterline located on the roof. ▪ Copper Line to be connected to existing Solenoid Valves that service the Cooling Towers. o Cleanup and Removal of debris from Location. o Walkthrough once all work has been completed at location to ensure all work has been accomplished. Attachment A DocuSign Envelope ID: 39F9B08D-0014-4093-A2BB-8893E060CD73 • Bid Due Date: o Deadline for Bids is April 1st, 2022 at 5:00PM o We will not accept Bids after the deadline. o Bids must be Submitted Via Email and sent to egrube@rentonwa.gov o The Lowest Responsible Bidder will be notified via Phone Call or Email that they have won the Small Works Project. o If you are not contacted within 1 week after the Deadline listed below; you have not been selected for the Small Works Project o If you want to find out about the winning bid or other bids, please submit a Public Records Request at City Clerk’s Office. DocuSign Envelope ID: 39F9B08D-0014-4093-A2BB-8893E060CD73 WA: 4600 S 134th Pl, Tukwila, WA 98168 | 206.248.9700 | fax 206.248.8700 AK: 1820 Marika, Fairbanks, AK 99709 | 907.452.7151 | fax 907.452.3800 www.HOLADAYPARKS.com Page 1 of 3 Date April 1, 2022 Attn: Edward Grube To City of Renton 1055 S. Grady Way Renton, WA 98057 From Brent Walley Project Renton City Hall Basis of Scope AHU Main Water Line Replacement  Proposal HOLADAY-PARKS’ Mechanical Service and Energy Division is pleased to offer the following proposal for the above referenced project above. Scope: Replace the main water line that feeds the main AHU from the 7th floor custodial closet to the AHU cooling towers. Inclusions: · Access to 7th floor offices, custodial closet and roof will be required for this work. · Isolate off the existing water line located in the 7th floor custodial closet. · Demo, disconnect and remove existing copper water line up to cooling tower. · Demo will be back to furthest POC on 7th floor to cooling tower on roof. · Furnish and install all new 1” sized solid (Type L) Copper pipe. · Furnish and install all new copper fittings, hangers and hardware. · Furnish and install up to (6) new isolation ball valves. Note: Per RFP expectations: (1) in Custodial Closet, (1) below roof line lid/penetration, and (2) above roof line. · Furnish and install (1) new drain valve assembly in the custodial closet. · Furnish and install (1) new drain valve assembly on the roof. · Furnish and install (1) new hose bib assembly on the roof. · All joints will be brazed and soldered per RFP expectations. · HP will re-route the horizontal water line over the 7th floor hallway in the overhead. · New waterline riser will go through existing roof penetration and out the side of the cooling tower curb. · Pressurize and test new water lines to ensure new piping is leak-free. · Daily site clean-up and removal of debris from site. · Provide OTC plumbing permit and inspection fees. · Prevailing Wage fees. Electrical: · Electrical work will be performed in-house by licensed HP electrician. · Furnish and install all new heat trace cabling, up to 40 ft. · Furnish and install (1) new heat trace thermostat controller. · Existing 20Amp GFCI breaker will be reused, per code. · Existing heat trace circuit, GFCI breaker size and wiring is in good working order. · Provide OTC electrical permit and inspection fees. DocuSign Envelope ID: 39F9B08D-0014-4093-A2BB-8893E060CD73 WA: 4600 S 134th Pl, Tukwila, WA 98168 | 206.248.9700 | fax 206.248.8700 AK: 1820 Marika, Fairbanks, AK 99709 | 907.452.7151 | fax 907.452.3800 www.HOLADAYPARKS.com Page 2 of 3 Insulating: · Provide Insulating Subcontractor to insulate and wrap all new water lines. · Includes insulating all new 1” water line in the custodial closet, from water meter, down the hallway and up to roof. · All piping will be insulated with fiberglass insulation. · Outdoor water line will received additional aluminum jacketing with stainless steel bands. Clarifications: · RFP scope document and pre-bid walk through was provided on March 17th 2022. · Includes standard labor pertaining to above scope of work. · All work will be performed during normal business hours (M-F). · Start date and times will be mutually agreed to by both parties. · Material lead-times and delivery will be provided by HP. · Includes project management to facilitate, coordinate and execute this project. · HP plumbing team will coordinate with facilities for site access and start-times. · HP will follow and observe OSHA safety protocols and safety standards for this project. · Pricing does not include any production or PPE material impacts associated with upcoming or jobsite protocols necessary for COVID-19 or social distancing compliance. · All work to meet Plumbing Industry standards and codes. · All work to meet NEC electrical standards and codes. · HP will provide all permits associated to this project, if required. · Only type L copper pipe will be provide and used for this project. · Freeze protection will be provided on new waterline on the roof. · HP will provide final project walk through with client once all work is completed. Assumptions: · Pricing adjustments or change orders will be accepted for unknown additional work. · No modifications will be required by HP to the existing water lines or riser piping. · Existing water meter and other copper lines in 7th flr. Custodial closet to remain “as-is”. · Work can be complete during normal business hours. · Over the counter (OTC) plumbing permit and fees for this work. · Any roofing repairs or sealing of existing penetrations provided by others. · Cooling Tower and AHU start-up provided by others. Qualifications: While developing this proposal, Holaday-Parks anticipated the following conditions: · Union labor working during normal business hours with normal crew sizes. · We will staff the job to meet a mutually agreeable replacement schedule. · We projected labor costs through 4th quarter, 2022. Exclusions: · Work completed after-hours via overtime. · Any work not stated in the “Inclusions” listed above. · Plumbing engineering design and review, city plan review or AutoCAD drawings. · Electrical engineering design and review, city plan review or AutoCAD drawings. · LEED calculations and/or documentation. · Replacement of existing GFCI breakers, electrical repairs or troubleshooting. · Replacement of ceiling tiles and/or ceiling grid repairs or modifications. · Major repairs, replacement or design modifications to existing drain lines/risers. · Main AHU and Cooling Tower start-up, repairs or troubleshooting. · Core drilling, saw cut, slab x-ray or scanning. · Water Balancing. · Washington State Sales Tax DocuSign Envelope ID: 39F9B08D-0014-4093-A2BB-8893E060CD73 WA: 4600 S 134th Pl, Tukwila, WA 98168 | 206.248.9700 | fax 206.248.8700 AK: 1820 Marika, Fairbanks, AK 99709 | 907.452.7151 | fax 907.452.3800 www.HOLADAYPARKS.com Page 3 of 3 Total Price: $ 28,897.00 I look forward to working with you on this project. If you have any questions, please contact me directly at (206) 939-2455 or email me at brentw@holadayparks.com. Thank you for your consideration. Respectfully, Brent Walley Proposal Acceptance: Account Executive – MEP Service Holaday-Parks, Inc. is authorized to proceed Mechanical Service with this work as proposed: HOLADAY-PARKS, INC. 206.248.8705 direct Purchaser: __________________________ 206.939.2455 cell brentw@holadayparks.com Title: _______________________________ Date: _______________________________ This proposal is valid for 30 days For service requests e-mail dispatch@holadayparks.com - For 24/7 service call 206.248.8705 HOLADAYPARKS.com DocuSign Envelope ID: 39F9B08D-0014-4093-A2BB-8893E060CD73