HomeMy WebLinkAboutContractLIMITED SMALL WORKS CONTRACT AGREEMENT
THIS AGREEMENT (“Agreement”) is made as of the _____ day of ________, 2023, (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 ACE Improvements,
(“Contractor”), a sole proprietary company, who are collectively referred to as the “Parties”, to
remove fire damaged construction material and debris at the Springbrook Trail Boardwalk.
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 60 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 $24,794.52 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/Prevailing Wages/Retainage/Bonding/Limited Small Public Works:
A.Payment: Payment by Renton for the Services will only be made after the Services
have been performed and a voucher or invoice(in a form acceptable to Renton) along with
a copy of filed Intents and Affidavits is submitted with the voucher or invoice. 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
8th September
CAG-23-329
PAGE 2 OF 6
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.
B. Prevailing Wage Rates/Retainage/Bonding: 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.
C For limited Small Public Works Contracts under $50,000.For limited public works
projects, the City may choose to waive the payment and performance bond
requirements of chapter 39.08 RCW and the retainage requirements of chapter 60.28
RCW, for laborers, mechanics, subcontractors, material, persons, suppliers, and taxes
imposed under Title 82 RCW that may be due from the contractor for the limited public
works project, however The City shall have the right of recovery against the contractor
for any payments made on the contractor's behalf.
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 IndustrialInsurance 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:
PAGE 3 OF 6
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 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 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, 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.
PAGE 4 OF 6
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. 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).
13. 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.
14. Other Provisions:
a.Administration and Notices. Each individual executing this Agreement on behalf of
City and Contractor represents and warrants that such individuals are duly authorized
to execute and deliver this Agreement on behalf of City or Contractor.
Notice:Except for Service of Process in a legal proceeding, 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. Email notice will be deemed received the date of the email so long
PAGE 5 OF 6
as sent before 12:00 noon on a business day, if after 12:00 Noon it will be deemed
received the next business day – a copy of email notice must be mailed as set forth
above. This Agreement shall be administered by and any notices should be sent to the
undersigned individuals or their designees.
CITY OF RENTON
Steve Brown
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-6618
sbrown@entonwa.gov
Fax: (425) 430-6603
CONTRACTOR
James D. Testa
PO Box 956
Auburn, WA 98071
Phone: (253) 486-7557
aceimprovements2013@gmail.com
Fax: n/a
And to:
City Clerk
cityclerk@rentonwa.gov
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.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.
PAGE 6 OF 6
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.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective
Date.
CITY OF RENTON
By:_____________________________
CONTRACTOR
By:____________________________
Maryjane Van Cleave
Parks and Recreation Department
Interim Administrator
1055 South Grady Way
Renton, WA 98057
James D. Testa
Owner/Operator ACE Improvements
WKŽdžϵϱϲ
ƵďƵƌŶ͕tϵϴϬϳϭ
_____________________________
Date
_____________________________
Date
Approved as to Legal Form
By: __________________________
^ŚĂŶĞDŽůŽŶĞLJ
City AttorneLJ
Limited small works template 6-15-23
_____________________________
Date
8/31/2023
Approved by Cheryl Beyer via 8/31/2023 email
CITY OF RENTON
PARKS AND RECREATION DEPARTMENT
Parks and Trails Division
Renton City Hall, 1055 South Grady Way
Renton, WA 98057
c/o Steve Brown, Parks Maintenance Manager
office (425) 430-6618, cell (425) 766-6190
PROJECT: Springbrook Trail Boardwalk Vandalism Cleanup
SCOPE OF WORK: Remove fire damaged construction material and debris at the
Springbrook Trail Boardwalk.
JOB LOCATION: Springbrook Trail Boardwalk, approximately the 700 block of SW 27th
Street, Renton WA 98057
PRE-BID WALKTHROUGH: MANDATORY
Wednesday, August 9, 2023; 9:00 a.m.
Limited parking available along SW 27th
Please plan accordingly
The contractor shall provide all labor, materials and equipment to complete the following
tasks.
x Contact 811 to confirm existence of any underground pipes, wires or utilities at
project site prior to start of project.
x Complete the removal of all fire damaged components of the boardwalk to
include, but not be limited to, handrails, decking, blocking, joists, girders, bracing
and support posts along with all welded wire mesh and all associated fasteners
and related hardware.
x To the extent possible all foundation related components need to be left in place
and undisturbed. This would include, but not be limited to, all precast concrete
pin foundations and the cast in place concrete foundation abutment and adjoining
block wall.
x Complete the removal of fire damaged organic material 15’ (fifteen) feet from
centerline of boardwalk in each direction. All loose fire damaged material within
that boundary will be removed. Upright trees that are fire damaged can be cut as
low as possible to the ground and taken away. Removal of stump and remaining
roots will not be required.
x Disposal of all demolition-related debris at an appropriate disposal site.
x Remove all trash and debris from project site(s) at the end of each workday and
upon completion of project.
SPECIFICATIONS
Attachment A
1. Bidder/Contractor shall attend a mandatory walkthrough at Job Location on
Wednesday August 9, 2023 at 9:00 a.m. Limited parking is available along SW
27th Street. Please plan accordingly.
2. Bidder/Contractor to be responsible to measure and verify dimensions, site
conditions and other relevant project information.
3. Any damage to City property outside the scope of this project will be repaired and
restored to original condition by the Bidder/Contractor, at no cost to the City.
4. Bidder/Contractor responsible for the security of the project site for the duration
of the project.
5. Bidder/Contractor shall perform work during the hours of 7:00 am to 5:00pm,
Monday through Friday. Work performed outside of that timeframe would need
to be mutually agreed upon between owner and contractor. Work on Sundays or
city holidays is not permitted.
6. Bidder/Contractor awarded the job should be prepared to complete all work
associated with the contract prior to October 31, 2023.
7. Bidder/Contractor shall provide a cost estimate for the overall project. Please
include tax in your total. City of Renton tax rate is 10.1%.
8. This project is subject to prevailing wage. Contractor will be required to comply
with Washington State prevailing wage requirements. The 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.
9. Deadline to receive bids for this project is Monday, August 21, 2023 at 3:00pm
and can be sent electronically to Steve Brown at sbrown@rentonwa.gov. Note
that the City of Renton reserves the right to reject any and all bids.
Attachment A
31v$^pv v
"jCjd\v?AfOR\Mh^\v v
>
8
"v
v8^jhOv*dAGrv?Arv
6I\h^\v
v?AfOR\Mh^\v
>
8
"v
v"jMvv
v8Iavv
"hh\v!v8hIlIv$d^n\v
3AdVfv-AR\hI\A\EIv
-A\AMIdv
+hIZvv'IfEdRahR^\v 5hrv 6AhIv "Z^j\hv
-^CRXRtAhR^\v
v
v
v
)IIfvfjaaXRIfvA\GvIcjRaZI\h
v
'IZ^XRhR^\v
v
v
v
3dIlARXR\Mv?AMIvL^dv'IZ^XRhR^\v,AC^dv
'IZ^XRhR^\v
v
v
v
'jZav)IIfv'jZafhIdvdI\hAX
v
8jCv:^hAXv
v
v %+=v1)v6(/:1/v
vv
v
;eJJgvDJs_]HviPJv K__ivFJ]iJevYS]JvoSYYvDJvFkivB]HvHTgb_gJHv_KvK_evB]vBHHSiT_]BYvF_giv_KvvJBFPvK_evBvieJJvoTiPvBv T]FPvHSB[JiJev_e
YJggvB]HvvJBFPvK_evJBFPvieJJvoTiPvHTB[JiJev_Kv[_eJviPB]v T]FQJg v ;eJJgv[JBgkeJHviPTeis gTqvT]FPJgvBD_mJvNe_k]HvYJmJY v ;PJ
HJ[_YTiT_]vo_eWvi_vJqiJ]HvKe_[viPJvieBTYvPJBHvi_viQJveJHvKYBNNS]Nv_]viPJvJqTgiT]NvD_BeHoBYWvB]HviPJv vK`_ivgJFiT_]vDJs_]H v #]s
HJ[_YTiT_]vbJe[SivKJJgvi_vDJvbBTHvDsv&Sisv_Kv 7J]i_] v @_eWvi_vDJvbJeK_e[JHvBgvgbJFSKTJHvT]viQJv 9F_bJv_Kv@_eWv#HmJeiSgJ[J]i
4e_UJFivi_vDJvF_[bYJiJHvbeT_evi_vv2Fi_DJevvoJBiPJevbJe[TiiT]NvB]Hv0_iTFJvi_v4e_FJJHvTggkJHvbeS_evi_v v9JbiJ[DJev
v
<PJvT]m_TFJvK_ev._DSYTuBiS_]voTYYvDJvbeJgJ]iJHvK_evbBs[J]ivDsviPJv&Tisv_Kv7J]i_]voPJ]viPJvHJ[_YTiT_]vo_eWvF_[[J]FJg
v
Attachment A