HomeMy WebLinkAboutContractPAGE 1 OF 16
AGREEMENT FOR MOVING, RELOCATION AND DISPOSAL
SERVICE
THIS AGREEMENT, dated for reference purposes only as January 1, 2026, is by and between
the City of Renton (the “City”), a Washington municipal corporation, and Aloha Joe Movers
(“Contractor”), an LLC. The City and the Contractor are referred to collectively in this
Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective
as of the last date signed by both parties.
1.Scope of Work: Contractor agrees to provide non-exclusive on-call Moving, Relocation,
and Disposal Service of City Owned Equipment, Furnishings, Furniture, and Machinery
as specified in Exhibit A, which is attached and incorporated herein and may hereinafter
be referred to as the “Work.” Specific Work is to be assigned by an On-Call basis
coordinated between both parties.
2.Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions, deletions or modifications. Any such
changes to the Work shall be ordered by the City in writing and the Compensation
shall be equitably adjusted consistent with the rates set forth in Change Order or
Amendment signed by the Parties.
3.Time of Performance: Contractor shall commence performance of the
Agreement pursuant to the schedule(s) as agreed to by both parties for each on-call
service request. All Work shall be performed by no later than December 31, 2026.
This Agreement may be renewed for two (2) additional one (1) year periods.
4.Compensation:
A.Amount. Total compensation to Contractor for Work provided pursuant to this
Agreement shall not exceed $49,000, plus any applicable state and local sales
taxes. Compensation shall be paid based upon Work actually performed
according to the rate(s) or amounts specified in Exhibit B. The Contractor agrees
that any hourly or flat rate charged by it for its Work shall remain locked at the
negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit B.
Except as specifically provided herein, the Contractor shall be solely responsible
for payment of any taxes imposed as a result of the performance and payment of
this Agreement.
CAG-26-082
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B. Method of Payment. On a monthly or no less than quarterly basis during any
quarter in which Work is performed, the Contractor shall submit a voucher or
invoice in a form specified by the City, including a description of what Work has
been performed, the name of the personnel performing such Work, and any
hourly labor charge rate for such personnel. The Contractor shall also submit a
final bill upon completion of all Work. Payment shall be made by the City for Work
performed within thirty (30) calendar days after receipt and approval by the
appropriate City representative of the voucher or invoice. If the Contractor’s
performance does not meet the requirements of this Agreement, the Contractor
will correct or modify its performance to comply with the Agreement. The City may
withhold payment for work that does not meet the requirements of this
Agreement.
C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver
by the City of any remedies it may have against the Contractor for failure of the
Contractor to perform the Work or for any breach of this Agreement by the
Contractor.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated
for payment under this Agreement for any future fiscal period, the City shall not
be obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of
all remaining Work for which funds are allocated. No penalty or expense shall
accrue to the City in the event this provision applies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten (10) calendar days’ notice to the Contractor in writing. In the
event of such termination or suspension, all finished or unfinished documents,
data, studies, worksheets, models and reports, or other material prepared by the
Contractor pursuant to this Agreement shall be submitted to the City, if any are
required as part of the Work.
B. In the event this Agreement is terminated by the City, the Contractor shall be
entitled to payment for all hours worked to the effective date of termination, less
all payments previously made. If the Agreement is terminated by the City after
partial performance of Work for which the agreed compensation is a fixed fee, the
City shall pay the Contractor an equitable share of the fixed fee. This provision
shall not prevent the City from seeking any legal remedies it may have for the
violation or nonperformance of any of the provisions of this Agreement and such
charges due to the City shall be deducted from the final payment due the
Contractor. No payment shall be made by the City for any expenses incurred or
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work done following the effective date of termination unless authorized in
advance in writing by the City.
6. Warranties And Right To Use Work Product : Contractor represents and warrants
that Contractor will perform all Work identified in this Agreement in a professional
and workmanlike manner and in accordance with all reasonable and professional
standards and laws. The provisions of this section shall survive the expiration or
termination of this Agreement.
7. Record Maintenance: The Contractor shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be
required by applicable Washington State records retention laws, but in any event no
less than six years after the termination 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). The provisions of this section shall
survive the expiration or termination of this Agreement.
8. 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 or control relating to this Agreement
and the Work, 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 may, 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. The provisions of this section shall
survive the expiration or termination of this Agreement.
9. Independent Contractor Relationship:
A. The Contractor is retained by the City only for the purposes and to the extent set
forth in this Agreement. The nature of the relationship between the Contractor
and the City during the period of the Work shall be that of an independent
contractor, not employee. The Contractor, not the City, shall have the power to
control and direct the details, manner or means of Work. Specifically, but not by
means of limitation, the Contractor shall have no obligation to work any particular
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hours or particular schedule, unless otherwise indicated in the Scope of Work or
where scheduling of attendance or performance is mutually arranged due to the
nature of the Work. Contractor shall retain the right to designate the means of
performing the Work covered by this agreement, and the Contractor shall be
entitled to employ other workers at such compensation and such other
conditions as it may deem proper, provided, however, that any contract so made
by the Contractor is to be paid by it alone, and that employing such workers, it is
acting individually and not as an agent for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to
Contractor or any employee of the Contractor.
C. If the Contractor is a sole proprietorship or if this Agreement is with an individual,
the Contractor agrees to notify the City and complete any required form if the
Contractor retired under a State of Washington retirement system and agrees to
indemnify any losses the City may sustain through the Contractor’s failure to do
so.
10. Hold Harmless: The Contractor agrees to release, indemnify, defend, and hold
harmless the City, elected officials, employees, officers, representatives, and
volunteers from any and all claims, demands, actions, suits, causes of action,
arbitrations, mediations, proceedings, judgments, awards, injuries, damages,
liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’
fees, costs, and/or litigation expenses to or by any and all persons or entities, arising
from, resulting from, or related to the negligent acts, errors or omissions of the
Contractor in its performance of this Agreement or a breach of this Agreement by
Contractor, except for that portion of the claims caused by the City’s sole negligence.
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 the 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
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Parties have mutually negotiated and agreed to this waiver. The provisions of this
section shall survive the expiration or termination of this Agreement.
11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure
compliance with the City’s Code of Ethics and state law, the Contractor shall not give
a gift of any kind to City employees or officials. Contractor also confirms that
Contractor does not have a business interest or a close family relationship with any
City officer or employee who was, is, or will be involved in selecting the Contractor,
negotiating or administering this Agreement, or evaluating the Contractor’s
performance of the Work.
12. City of Renton Business License: Unless exempted by the Renton Municipal Code,
Contractor 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/Tax
Information regarding State business licensing requirements can be found at:
https://dor.wa.gov/doing-business/register-my-business
13. 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. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors
and Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean
any Work provided by a licensed professional or Work that requires a professional
standard of care.
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.
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E. Contractor shall name the City as an Additional Insured on its commercial
general liability policy on a non-contributory primary basis. The City’s insurance
policies shall not be a source for payment of any Contractor liability, nor shall the
maintenance of any insurance required by this Agreement be construed to limit
the liability of Contractor to the coverage provided by such insurance or
otherwise limit the City’s recourse to any remedy available at law or in equity.
F. Subject to the City’s review and acceptance, a certificate of insurance showing
the proper endorsements, shall be delivered to the City before performing the
Work.
G. Contractor shall provide the City with written notice of any policy cancellation,
within two (2) business days of their receipt of such notice.
14. Delays: Contractor is not responsible for delays caused by factors beyond the
Contractor’s reasonable control. When such delays beyond the Contractor’s
reasonable control occur, the City agrees the Contractor is not responsible for
damages, nor shall the Contractor be deemed to be in default of the Agreement.
15. Successors and Assigns: Neither the City nor the Contractor shall assign, transfer
or encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16. Notices: Any notice required under this Agreement will be in writing, addressed to
the appropriate party at the address which appears below (as modified in writing
from time to time by such party), and given personally, by registered or certified mail,
return receipt requested, by facsimile or by nationally recognized overnight courier
service. Time period for notices shall be deemed to have commenced upon the date
of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first
business day following transmission. Email and telephone may be used for purposes
of administering the Agreement, but should not be used to give any formal notice
required by the Agreement.
CITY OF RENTON
Jack Odell
1055 South Grady Way
Renton, WA 98057
Phone: 425-566-9187
Jodell@rentonwa.gov
CONTRACTOR
Joe Ness
Aloha Joe Mover
1402 Auburn Way N #301
Auburn, WA 98002
Phone: 206-423-0041
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17. 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 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 the Contractor fails to comply with any of this Agreement’s non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The 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, worker's
compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply
with City of Renton Council Resolution Number 4085.
18. Miscellaneous: The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Contractor.
B. Contractor will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Contractor shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
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D. In the event special training, licensing, or certification is required for Contractor
to provide Work he/she will acquire or maintain such at his/her own expense and,
if Contractor employs, sub-contracts, or otherwise assigns the responsibility to
perform the Work, said employee/sub-contractor/assignee will acquire and or
maintain such training, licensing, or certification.
E. This is a non-exclusive agreement and Contractor is free to provide his/her Work
to other entities, so long as there is no interruption or interference with the
provision of Work called for in this Agreement.
F. Contractor is responsible for his/her own insurance, including, but not limited to
health insurance.
G. Contractor is responsible for his/her own Worker’s Compensation coverage as
well as that for any persons employed by the Contractor.
19. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Contractor represents and warrants that such individuals are duly authorized
to execute and deliver this Agreement on behalf of the City or Contractor.
B. General Administration and Management. The City’s project manager is Jack
Odell, Capital Projects Coordinator. In providing Work, Contractor shall
coordinate with the City’s contract manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Contractor proposals and
this Agreement, the terms of this Agreement shall prevail. Any
exhibits/attachments to this Agreement are incorporated by reference only to the
extent of the purpose for which they are referenced within this Agreement. To the
extent a Contractor prepared exhibit conflicts with the terms in the body of this
Agreement or contains terms that are extraneous to the purpose for which it is
referenced, the terms in the body of this Agreement shall prevail and the
extraneous terms shall not be incorporated herein.
E. 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 and the City
of Renton. 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.
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F. 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.
G. 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. 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.
H. 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.
I. 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.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all
of its provisions in which performance is a factor. Adherence to completion dates
set forth in the description of the Work is essential to the Contractor’s
performance of this Agreement.
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. Binding Effect. The Parties each bind themselves, their partners, successors,
assigns, and legal representatives to the other party to this Agreement, and to the
partners, successors, assigns, and legal representatives of such other party with
respect to all covenants of the Agreement.
M. 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 the 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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N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will
together constitute this one Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the
date last signed by the Parties below.
CITY OF RENTON
By:_____________________________
CONTRACTOR
By:____________________________
Martin Pastucha
Public Works Administrator
Joe Ness
Owner
_____________________________
Date
_____________________________
Date
Approved as to Legal Form
By: __________________________
Cheryl Beyer
Senior Assistant Attorney
Contract Template Updated 5/21/2021
CLB NS 2-17-26 3735
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3/9/2026
Approved by Cheryl Beyer via email 2/17/26
PAGE 11 OF 16
Exhibit A
SCOPE OF WORK
City of Renton
ON- CALL Moving, Relocation, and Disposal Services
Project Manager: Jack Odell, Public Works - Facilities Capital Projects Coordinator
The City of Renton requests Services to perform Moving, Relocation, and Disposal Services
on an "as needed" basis. A $49,000 "not-not-to-exceed" amount does not guarantee work
to any contractor and the amount paid will be based upon time and materials of actual
work performed. A written quote will be required for each call-out under the agreement.
The City reserves the right to award multiple contracts to multiple contractors for this work
if it is in the best interest of the City. The City reserves the right to choose any of the
companies awarded this contract for each call-out.
The overtime rates set forth in the contract will be reimbursable only to the extent the
overtime has been approved by the City.
Disposal Fees will be reimbursed for the exact amount paid; receipts must be submitted
with invoice.
Additional requirements of the work are included below. It is your responsibility to read
these requirements thoroughly and to become familiar with each site location work is
assigned in relation to the amount and type of work involved to complete.
Minimum Requirements of Contractor
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x Renton Business License, registered contractor with the State of Washington,
current State Unified Business Identifier Number
x Proof of Insurance - Minimum amounts to be approved in advance by City Risk
Management. Includes General Liability, Automobile Liability, Workers
Compensation and Employers' Liability. See the attached contract for specific
requirements.
x All personnel shall wear the most up-to-date personal protective equipment
including but not limited to Back brace, safety glasses, gloves, shoes, and City
Provided Vest while on the job site.
x Equipment and experience in moving office furniture, appliances, and
miscellaneous small and large items.
x Locations left incomplete at the end of the workday shall be arranged to allow to
safe access for the Staff Employees and/or the public.
x Contractor shall submit information on Moving Vehicles, equipment, and materials
to include at least the following:
o Vehicle Size, there is Height restriction at some locations.
o Wooden Carts, Boxes, Bubble Wrap, and Protective Coverings.
o Furniture/Appliance Dollies and Hand Carts.
Preferred Qualifications of Contractor and Moving workers
x The Contractor shall assign a sufficient number of employees ("Employee" or
"Employees", as applicable) (as determined by the Contractor based on the number
of items to be moved and the amount of time involved), including one senior
individual to serve as a team lead, exclusively for the performance of Services.
x The Contractor reserves the right to change any Employee Assignment and
substitute another Employee at any time due to illness or other Emergency.
x Background Check is required to work in areas designated Criminal Justice
Information Service (CJIS). The city will provide the contractor the Authorization
Form to get their designated employees background checked.
o Attachment A for Exhibit A
x Employees shall wear a clothing that is non-offensive or distracting while at the
location.
x No Smoking is allowed by the Employees except at designated areas.
Project Area Specifications - Prior to Beginning Work
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x Contact Facilities On-Site Representative via email, text, or Phone Call at the start
of the work shift.
x Once on site, contractor will contact the Facilities On-Site Representative to:
o Sign out an Access Badge and/or Key (if applicable)
If area at location is a Designated CJIS Area; the employees of the
contractor must be on the City of Renton CJIS Authorized Contract
Employee List.
o On-Site Meeting to review what needs to be moved, from where it currently
is, to where it need to be moved too.
Project Area Specifications - End of Work
x Once work has completed, contact the Facilities On-Site representative to:
o Walk the area to ensure all items needing to be moved from location has
been moved.
o Facilities Representative will check that all the items to be moved have been
moved and the area for any damaged.
o Sign-In the Access Badge and/or Key (if applicable)
x If Disposal is required, the Contractor must inform the Facilities Representative of
the need and receive verbal and/or written authorization to dispose items to their
proper disposal site.
Disposal Specifications
x If required, the contractor will dispose of set items to an approved disposal site (i.e.,
Transfer Station, Land Fill, etc.).
x If Hazardous Disposal is required, the contractor will delivery items to a certified
Hazardous disposal company for proper disposal.
x All Disposal receipts must be included when Invoices are turned in.
Special Conditions
x Damage that occurs as a direct result of contractor actions or inaction is the sole
responsibility of the contractor.
x On Occasion, the Contractor may need to use tools to:
x Dismantle furniture (i.e., Cubicles, Cabinets, Bookshelves, etc.).
PAGE 14 OF 16
x Unattached furniture (i.e., Cubicles, Cabinets, Bookshelves, etc.) secured to
the wall(s)
x Un-hang pictures
x Move and/or dispose of office supplies, furniture, and equipment.
x Designated City Hall CJIS Locations; Background Check Required
x P2 - Data Closet
x P2 - All PD areas (evidence room, evidence offices, evidence intake area)
x 1st Floor:
o Police Dept area (not first door to access stairwell but next door to PD
area)
o IT area Suite #110 and the NOC (Network Operations Center)
x 2nd Floor -All Police areas (offices, conference rooms, Tech Room...) and
Data Closet
x 3rd Floor - EHD office, Court areas, Data Closet
x 4th Floor:
o City Attorney's Office area (including lunch/breakroom)
o New IT area
o Temp HR/PD area
o Training Room #405
Invoices
x Invoices should be submitted to:
Jack Odell, Facilities Capital Project Coordinator
Public Works - Facilities Department – 1st Floor 1055 South Grady Way,
Renton, WA 98057
Email: Jodell@rentonwa.gov
Telephone: 425-566-9187
x Invoices should contain the following information to prevent a delay in processing:
x Contractor name, address and telephone number
x Contract Number- assigned upon execution of agreement (CAG # ** - ***)
x Unique Invoice Number
x Date work performed
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x Location where work was performed
x Number of workers assigned to task
x Classification of workers assigned to task
x Total hours worked
x Materials including mark-up
x Amount due, Washington sales tax and total amount due
x If there is a Disposal Fee, it must be included with the Invoice.
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Exhibit B
SCHEDULE OF COSTS AND HOURLY RATES
City of Renton
Moving, Relocation, and Disposal Services
x Time and Material Submission (by email) Rates noted are before Taxes.
x Agreement Sum (based upon prevailing wage)
o Regular Rate per Hour: __$129.00__ per man-hour
o Overtime Rate per Hour: __________ per man-hour
o Material Markup Percentage: _________ %
x Equipment Schedule Submission
Description:_________________________________________________________________________
Description:_________________________________________________________________________
Description:_________________________________________________________________________