HomeMy WebLinkAboutContract Agreement aDocuSign Envelope ID: F2AF2E97-8ECC-429D-BA33-37EB53DF7863
SMALL PUBLIC WORKS CONTRACT AGREEMENT
2023 Fall Tree Planting Work
THIS AGREEMENT ("Agreement") is made as of the 9th day of November, 2023, (the
"Effective Date") by and between the City of Renton, a non-charter code city under RCW
35A, and a Washington municipal corporation ("City"), Parks and Recreation Department and
Hanson Tre Service LLC, ("Contractor"), a who are collectively referred to as the "Parties", to
plant trees. City and Contractor agree as set forth below.
1.Scope of Work : Contractor will provide all material and labor necessary to perform all
work described in the Scope of Work which is attached and fully incorporated into this
Agreement by reference as Attachment "A."
2.Changes in Scope of Work: City, without invalidating this Agreement, may order changes
to the Scope of Work 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 or Amendment signed by the Parties.
3.Time of Performance: Contractor shall commence performance of the Agreement no later
than one (1) month after execution of contract.
4.Term of Agreement: The Term of this Agreement shall end at completion of the Scope of
Work, no later than December 15, 2023. This Agreement may be extended to
accomplish change orders, if required, upon mutual written agreement of City and
Contractor.
5.Agreement Sum: The total amount of this Agreement is the sum of $18,001.35 which
includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed
amount based on changes to the Scope of Work.
6.Consideration: In exchange for Contractor's performance of the items and responsibilities
identified in the Scope of Work, City agrees to make payment of the amount identified as
the Agreement Sum.
7.Prevailing Wage/ Method of Payment/ Retainage/ Bonding: Payment by the City for the
Work will only be made after the Work has been performed and a voucher or invoice is
submitted in a form acceptable to the City.
CAG-23-405
DocuSign Envelope ID: F2AF2E97-8ECC-429D-BA33-37EB53DF7863
A.
B.
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.
The State of Washington prevailing wage rates applicable for this project, which is
located in King County, may be found at the following website address of the
Department of Labor and Industries:
http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp
http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp
Pursuant to WAC 296-127-011, the applicable effective date for prevailing wage
rates paid for the duration of this contract shall be the date the contract is
executed as reflected in the "Effective Date" identified at the top of the first page
of this Agreement.
Upon request, the City will provide a copy of the applicable prevailing wages for
this project. Alternatively, the rates may be viewed at the City of Renton City Hall
by making an appointment with the contact person identified herein or prior to
contract award with the contact person identified as the City of Renton contact in
Paragraph 15 Notices of this agreement.
Retainage held by the City or in Escrow Account:
Pursuant to RCW Chapter 60.28, a sum equal to five percent (5%) of the monies
earned by the Contractor will be retained from payments made by the City to the
Contractor under this Contract. This retainage shall be used as a trust fund for the
protection and payment (1) to the State with respect to taxes imposed pursuant
to RCW Title 82 and (2) the claims of any person arising under the Contract.
Monies retained under the provisions of RCW Chapter 60.28 shall be:
Contractor must pick one -if contractor does not pick one then the first option
(retainage held in a fund by the City) applies.
X Retained in a fund by the City.
or
____ Deposited by the City in an escrow (interest-bearing) account in a bank,
mutual saving bank, or savings and loan association (interest on monies so
retained shall be paid to the Contractor). Deposits are to be in the name of the
City and are not to be allowed to be withdrawn without the City's written
authorization. The City will issue a check representing the sum of the monies
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DocuSign Envelope ID: F2AF2E97-8ECC-429D-BA33-37EB53DF7863
A.Contractor, and Contractor's agents, employees, representatives, and volunteers
with regard to the Work 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
Work 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, City 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 Work under this Agreement, shall be considered employees of the
Contractor and not employees, agents, representatives of City and as a result, shall not be
entitled to any coverage or benefits from the City of Renton. Contractor's relation to City
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 Work provided to be rendered under this Agreement, shall be the solely
Contractor's obligation and responsibility.
12.City of Renton Business License: The Consultant shall obtain a City of Renton Business
License prior to performing any Work and maintain the business license in good standing
throughout the term of this agreement with the City.
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DocuSign Envelope ID: F2AF2E97-8ECC-429D-BA33-37EB53DF7863
Information regarding acquiring a city business license can be found at:
http://www.rentonwa.gov/cms/0ne.aspx?portal1d=7922741&pageld=9824882
Information regarding State business licensing requirements can be found at:
http://dor.wa.gov/doing-business/register-my-business
13.Record Keeping and Reporting: Contractor shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work 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 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
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.
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DocuSign Envelope ID: F2AF2E97-8ECC-429D-BA33-37EB53DF7863
Jason A. Seth
City Clerk
Approved as to Legal Form
Shane Moloney
Renton City Attorney
Small works Contract 3-16-23
Attachment A
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Approved by Cheryl Beyer via email 11/3/2023