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HomeMy WebLinkAboutContract16th CAG-25-019 Docusign Envelope ID: 2832FDBE-1280-4C12-9FFF-C12789F53396 A.Prevailing Wage Rates: B. 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 ofthe 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 11Effective 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 equaJ to five percent (5%) of the monies earned by the Contractor will be retained from payments made by the City to the Contractor unde.r 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: Contraaot 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 moni.es s.o E) PAGE2.0F12 Docusign Envelope ID: 2832FDBE-1280-4C12-9FFF-C12789F53396 C. D. 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 Deposits are to be in the name of the City and are not to be allowed to be withdrawn without the City's written authorization.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 reserved, payable to the bank or trust company. Such check shall be converted into bonds and securities chosen by the Contractor as the interest accrues. At or before the time the Contract is executed, the Contractor shall designate the option desired. The Contractor in choosing option (2) agrees to assume full responsibility to pay all costs that may accrue from escrow services, brokerage charges or both, and further agrees to assume all risks in connection with the investment of the retained percentages in securities. The City may also, at its option, accept a bond in lieu of retainage. For Agreements over $150,000: Pursuant to RCW 60.28 and 39.08 The City requires a 5 % Retainage be withheld and that the Contractor will provide a Performance and Payment (Contract) Bond on the City approved form upon execution of the Agreement. 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-wee.kly). The remaining 5% will be retained for the purpose of completion of the project and fulfillment of claims and liens. For Agreements under $150,000 Pursuant to RCW 60.28 and 39.08 the City requires a 5 % Retainage be withheld and that the Contractor will provide either a Performance and Payment {Contract) Bond on the City approved form upon execution of the Agreement or waive the payment and performance bond and instead the City will reta.in 10%. 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. (Unless the Contractor waives the payment and performance bond below and opts for a 10% retainage below.) Contractor must pick one -if contractor does not pick one then the first option (5% retainage with contract bond} applies: ___ To provide a payment and performance bond {contract bond) in the amount of 100% of the estimate including taxes with a 5% retainage. or PAGE30F12 Docusign Envelope ID: 2832FDBE-1280-4C12-9FFF-C12789F53396 x To waive a payment and performance bond (contract bond) and instead the city will retain the remaining 10% will be retained for the purpose of completion of the project and fulfillment of claims and liens. E.City shall have the right to withhold payment to Contractor for any work not completed in a satisfactory manner until such time as Contract.or modifies such work so that the same is satisfactory. F.Final Acceptance. Final Acceptance of the Project. occurs when the Parks and Recreation Department Administrator, or their designee, has determined that the Project is one hundred percent (100%) complete and has been constructed in accordance with the Plans and Specifications. G.Payment in the Event of Termination. In the event this Contract is terminated by the either party, the Contractor shall not be entitled to receive any further amounts due under this Contract until the work specified in the Scope of Wo.rk is satisfactorily completed, as scheduled, up to the date of termination. At such time, if the unpaid balance of the amount to be paid under the Contract exceeds the expense incurred by the Oty in finishing the work, and all damages sustar ned by the City or which may be sustained by the City or which may be sustained by the reason of such refusal, neglect, failure or discontinuance of Contractor performing the work, such excess shall be paid by the City to the Contractor; If the City's expense and damages exceed the unpaid balance, Contractor and his surety .shall be jointly and severally liable therefore to the City and shall pay such difference to the City. Such expense and damages shall include all reasonable legal expenses and costs incurred by the City to protect the rights and interests of the City under the Contract. 8.Hold Harmless: Contractor shall indemnify, defend and hold harmless City,, its elected officials, officers, agents, employees and volunteers, from and against any and all cl aims, 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 City 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 theE) PAGE40F12 Docusign Envelope ID: 2832FDBE-1280-4C12-9FFF-C12789F53396 9. contractor and City, its officers, offi.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 of this section shall survive the expiration or termination of this Agreement. 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 City 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.Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Contractor's vehicles on the City's Premises by or on behalf of the City, beyond normal commutes. E.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. City's insurance policies shall not be a source for payment of any Contractor liability. F.Subject to City's review and acceptance, a certificate of i nsurance showing the proper endorsements, shall be delivered to City before executing the work of this Agreement. G.Contractor shall provide City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. H.Additional Insurance if marked as ''Required" by City: 1.□ Required. Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and Sub-contractors in the work. Builders Risk i nsurance shall be on a special perils policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, and PAGE50F12 Docusign Envelope ID: 2832FDBE-1280-4C12-9FFF-C12789F53396 collapse. The Builders Risk insurance shall include coverage for temporary buildings, debris removal and damage to materials in transit or stored off­ site. This Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. 2.□ Required. Contractors Pollution Liability insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. Contractors Pollution Liability insurance shall be written in an amount of at least $1,000,000 per loss, with an annual aggregate of at least $1,000,000. Contractors Pollution Liability shall cover bodily injury, property damage, cleanup costs and defense including costs and expenses incurred in the investigation, defense, or settlement of claims. If the Contractors Pollution Liability insurance is written on a claims-made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under the contract is completed. The City shall be named by endorsement as an additional insured on the Contractors Pollution Liability insurance policy. If the scope of services as defined in this contract includes the disposal of any hazardous materials from the job site, the Contractor must furnish to the City evidence of Pollution liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting waste under this contract. Coverage certified to the Public Entity under this paragraph must be maintained in minimum amounts of $1,000,000 per loss, with an annual aggregate of at least $1,000,000. Pollution Liability coverage at least as broad as that provided under ISO Pollution Liability-Broadened Coverage for Covered Autos Endorsement CA 99 48 shall be provided and the Motor carrier Act Endorsement (MCS 90) shall be attached. PAGE60F12 Docusign Envelope ID: 2832FDBE-1280-4C12-9FFF-C12789F53396 Approved as to Legal Form Shane Moloney Renton City Attorney Small works Contract 8-1-24 PAGE110F12 Approved by Cheryl Beyer via email 1/10/2025