HomeMy WebLinkAboutContractDocusign Envelope ID: 821 E0C41-E3D6-4765-AD53-89D1165FCEE1
DUGOUT ROOF CONTRACT AGREEMENT
THIS AGREEMENT ("Agreement"} is made as of the 20th day of February, 2026, (the "Effective
Date"} by and between the City of Renton, a non-charter code city under RCW 35A, and a
Washington municipal corporation ("City"}, and Franklin Roofing Enterprises, Inc., a Washington
for profit corporation, ("Contractor"}, who are collectively referred to as the "Parties", to supply
and install metal roofing on dugout roof structure at Highlands Park, Kennydale Lions Park and
Thomas Teasdale Park. 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. All work described in the Scope of Work will hereinafter be referred
to as the "Work" or "Project".
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 the 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 15 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
Work, no later than March 30, 2026.
This Agreement may be extended to accomplish change orders, if required, upon mutual
written agreement of City and Contractor.
5.Consideration: In exchange for Contractor's performance of the items and responsibilities
identified in the Scope of Work, City agrees to make payment in the sum of Thirty-Seven
Thousand Five Hundred Forty Two and 38/100 dollars ($37,542.38) 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.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-26-063
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A.Prevailing Wage Rates:
Contractor must comply with the State of Washington prevailing wage requirements.
Contractor must file with the Washington State Department of Labor and Industries
("L&I"): a Statement of Intent To Pay Prevailing Wages ("Statement of Intent") at the
beginning of the Project and an Affidavit of Wages Paid at the end of the Project. A copy
of Contractor's Statement of Intent, approved by L&I, must be submitted to the City. City's
payments to Contractor during the course of this Agreement are conditioned upon receipt
of a copy of the approved Statement of Intent submitted by Contractor and by any of
Contractor's subcontractors, if applicable, and upon a statement with each invoice or
voucher that prevailing wages have been paid in accordance with the Statement of Intent.
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:
https://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage
rates/
Pursuant to WAC 296-127-011, the applicable effective date for prevailing wage rates paid
for the duration of this contract shall be the prime contractor's bid due date with these
exceptions:
•If the project is not awarded within six (6) months of the bid due date, the
award date is the effective date.
•If the project is not awarded pursuant to bids, the date the contract is
executed is the effective date.
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 14.A of this
agreement.
B.Retainage, How Held
Pursuant to chapter 60.28 RCW, 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 Agreement (the "Retainage"). Payment of the initial ninety-five percent (95%) of the
monies earned by Contractor will be made in the pay cycle of the Renton Finance
Department following receipt of Contractor's voucher or invoice (pay cycles are bi
monthly). The Retainage shall be used as a trust fund for the protection and payment (1)
to the State with respect to taxes, increases, and penalties which may be due pursuant to
Titles 50, 51, and 82 RCW, and (2) the claims of any person arising under the Agreement.
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___ To provide a payment and performance bond (contract bond) in the
amount of one hundred percent {100%) of the estimate including taxes with a five
percent {5%) Retainage.
or
)< To waive a payment and performance bond (contract bond) and instead
the city will retain ten percent {10%) of the contract amount for a period of thirty
days after date of final acceptance, or until receipt of all necessary releases from
the department of revenue, the employment security department, and the
department of labor and industries and settlement of any liens filed under
chapter 60.28 RCW, whichever is later.
The City must receive certified copies of all Affidavits of Wages Paid, from Contractor and
each subcontractor, for the Project before the City will release the five percent Retainage
or the ten percent retain age in lieu of bond. For the purposes of the retainage statute
{RCW 60.28.011), "completion of all contract work" is the same as "date of final
acceptance" in the performance and payment bond statute {RCW 39.08.010). If no
retainage is held, the City's Final Acceptance is conditioned upon the City's receipt of
Affidavits of Wages Paid from the Contractor and each subcontractor.
D.City Satisfaction
City 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.
E.Final Acceptance
Final Acceptance of the Project occurs when the City has determined that the Project is
one hundred percent {100%) complete and has been constructed in accordance with the
Plans and Specifications.
F.Payment in the Event of Termination
In the event this Agreement is terminated by either party, the Contractor shall not be
entitled to receive any further amounts due under this Agreement until the work specified
in the Scope of Work 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
Agreement exceeds the expense incurred by the City in finishing the work, and all damages
sustained 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 Agreement.
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7.Hold Harmless: Contractor shall indemnify, defend and hold harmless City, 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 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 the contractor and
City, 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.
8.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.
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F.Subject to City's review and acceptance, a certificate of insurance 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.Contractor shall include all subcontractors as insureds under its policies or shall
furnish separate certificates and endorsements for each subcontractor. All coverage for
subcontractors shall be subject to the same insurance requirements as stated herein for
Contractor.
I.Additional Insurance if marked as "Required" by City:
1.D 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 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 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 Agreement;
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 this Agreement is completed.
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9.
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 Agreement 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 Agreement. 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.
Discrimination Prohibited: Contractor agrees as follows:
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 ensure that applicants are considered 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 the non-discrimination provisions herein,
City shall have the right, at its option, to cancel the Agreement in whole or in part.
D.Contractor is charged with knowledge of and 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.
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10.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.
11.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:
https://www.rentonwa.gov/City-Services/Business/Business-Licenses
Information regarding State business licensing requirements can be found at:
http://dor.wa.gov/doing-business/register-my-business
12.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}.
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:
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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.
CITY OF RENTON
Mark Richardson
1055 South Grady Way
Renton, WA 98057
Phone: {425) 430-6714
mrichardson@rentonwa.gov
And to:
City Clerk
cityclerk@rentonwa.gov
CONTRACTOR
Rob Riverman
PO Box 731113
Puyallup, WA 98373
Phone: {253) 770-5950
r.riverman@franklinenterprises.net
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 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 Agreement, the terms of this Agreement shall prevail.
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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 Ma Ieng Regional Justice Center
in Kent, King County, Washington, or its replacement or successor. Contractor hereby
expressly consents to the personal and exclusive jurisdiction and venue of such court even
if Contractor is a foreign corporation not registered with the State of Washington.
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 City 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.
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IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of
Effective Date.
CITY OF RENTON
Maryjane Van Cleave, Administrator
1055 South Grady Way
Renton, WA 98057
3/4/2026 I 2:10 PM PST
Date
Approved as to Legal Form
Blythe Phillips
Assistant City Attorney
SWC:06252025
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CONTRACTOR
\.IN'til�� Mitch Franklin, President
PO Box 731113
Puyallup, WA 98373
2{?.�11-hh
Date
Approved by Blythe Phillips via email 2/20/2026
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FIIAIIKl./1 E NTERPRISES,INC
Date: 2-17-26
To: Renton Parks and Recreation
Attention: Mark Richardson
From: Rob Riverman
Job Name: Teasdale, Highlands, Kennydale Lions
Metal roofs on 6 dugouts, 3 parks Approx 1,120sq feet:
ATTACHMENT A
P.O. Box 731113
Puyallup, WA 98373
(253)770-5950
FRANKRE987C8
1.Provide and install 24-gage prefinished Aep Mini V-Beam roof panel.
2.Provide and install 24-gage prefinished Rake flashing on metal roof.
3.Clean up and dispose of all our debris.
Total combined bid: $33,975.00
Note: Pricing is guaranteed for 30 days. After 30 days the estimate may change
due to market volatility.
Excludes: Structure, ws-s=F, Permit Cost, Custom Colors, Anything Not
Specified Above. '�
10.5% WSST of
$3,567.38 Included in
Contract Total