HomeMy WebLinkAboutContractSMALL PUBLIC WORKS CONTRACT AGREEMENT
THIS AGREEMENT 21st day of May, 2025, (the
-charter code city under RCW 35A,
and a Washington municipal corporation (City Renton Public Works and Sound Hardwood
Solutions, an LLC
to assess, scrub, seal and refinish the gymnasium floor, racquetball courts, and banquet room floors
at the Renton Community Center located at 1715 Maple Valley Y, Renton WA 98057. Assess,
scrub, seal and refinish the banquet room, stage and stage stairs at the Renton Senior Center located
at 211 Burnett Ave N. Renton WA 98057. Assess, scrub, seal and refinish the gymnasium located at
800 Edmonds Ave NE. Renton WA 98056. City and Contractor agree as set forth below.
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
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.
Time of Performance: Contractor shall commence performance of the Agreement no later
than .
Term of Agreement: The Term of this Agreement shall end at completion of the Scope of
Work, no later than 30 days from the Effective Date. Agreement may be extended
to accomplish change orders, if required, upon mutual written agreement of City
and Contractor.
Agreement Sum: The total amount of this Agreement is the sum of $13,897.80 which
includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed
amount based on changes to the Scope of Work.
Consideration:
identified in the Scope of Work, City agrees to make payment of the amount identified as
the Agreement Sum.
CAG-25-189
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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.
A.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
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.
B.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.
_______Retained in a fund by the City.
PAGE 3 OF 11
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 allo
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.
C.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-weekly). The remaining 5%
will be retained for the purpose of completion of the project and fulfillment of
claims and liens.
D.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 retain 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:
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or damages to property caused by or resulting from the concurrent negligence of the
contractor and City
It is further specifically and expressly understood that the indemnification provided in this
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
City that are excluded in the commercial general liability insurance.
C.
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
by or on behalf of the City, beyond normal commutes.
E.
Renton will be named as an Additional Insured on a non-contributory primary
basis. City
liability.
F. Subject to City
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 :
1.Required. Builders Risk insurance covering interests of the City, the
Contractor, Subcontractors, and Sub-contractors in the work. Builders Risk
insurance shall be on a specialperils policy form and shall insure against the
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perils of fire and extended coverage and physical loss or damage including
flood, earthquake, theft, vandalism, malicious mischief, and 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.
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10. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Contractor agrees as follows:
A. Contractor, and Contractor
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.-discrimination
provisions, Cityshall 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:mployees, while engaged in the performance of
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
City
Act claims on behalf of Contractor employees, and any and all claims made by a third-party
while engaged in Work provided to be rendered under this Agreement, shall be the solely
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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.
Information regarding acquiring a city business license can be found at:
http://www.rentonwa.gov/cms/One.aspx?portalId=7922741&pageId=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
l protection. Contractor
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
PAGE 9 OF 11
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
James Leathley
1055 South Grady Way
Renton, WA 98057
Phone: (425) 864-0828
jleathley@rentonwa.gov
CONTRACTOR
Don Stenbak
13013 290th Ave SE
Monroe WA 98272
Phone: (425)-301-4520
don@soundhardwoodsolutions.com
And to: Jason A. Seth
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
consent.
D.Compliance with Laws
perform the Work 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.
PAGE 11 OF 11
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
_
Shane Moloney
Renton City Attorney
Small works Contract 8-1-24
Attachment A
N/A
___________________Approved by Cheryl Beyer via email 3/21/2025___________
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Sound Hardwood Solutions, LLC
City of Renton
1055 S. Grady Way
Renton, WA 98057
ESTIMATE
Item Description: Abrade, clean and apply 2 coats of finish; Bona
SuperSport MVP, 2 component finish. All procedures per finish
manufacturers recommendations and MFMA standards.
Square feet Cost
Renton Community Center: Gym, Banquet Rm and Racquetball Courts (2).
Please scedule a minimum of 5 days to allow for completion of work and
recommended cure time of finish.
17,400 $8,700.00
Renton Senior Center: Banquet Room including steps, risers and stage.
Please scedule a minimum of 4 days to allow for completion of work and
recommended cure time of finish.
4,000 $2,000.00
Highlands Neighborhood Center: Main Gym
Please scedule a minimum of 4 days to allow for completion of work and
recommended cure time of finish.
3,725 $1,900.00
WA State Prevailing Wages to be paid to all employees. Intent filed prior to
start of work.
Estimate pricing is good through 12-31-2025
Subtotal $12,600.00
Location Code: 1725
WA Tax Rate: .103
$1,297.80
TOTAL $13,897.80
Sound Hardwood Solutions, LLC proposes to provide all labor and materials as needed for the completion of proposed work. The
contract price quoted relates solely to the work described in the item description. For all extra work which may be requested by the
customer, the parties shall install a written change order describing the added work to be performed and the agreed price, prior to the
performance of such extra work. The contract price shall be paid in full upon completion of work. Sound Hardwood Solutions is
licensed, bonded and insured to conduct business in the state of Washington. CCSOUNDHS863LZ
Signatures: Don Stenbak 1.8.2025 Clients Signature/PO #