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SMALL PUBLIC WORKS CONTRACT AGREEMENT
THIS AGREEMENT ("Agreement") is made as of the day of
Date"} by and between the City of Renton, a non-charter code city under RCW 35A, and a
Washington municipal corporation ("City"), Park and Recreation Department, Maplewood Golf
Course Division, and A.C.E. l PROVEMENTS,, a Sole Proprietor, ("Contractor"), who are
collectively referred to as the "Parties", to Maplewood Driving Range Wall Repair, City and
Contractor agree as set forth below.
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7.
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."
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 60 a s calendar days after the Agreement's Effective Date.
Term of Agreement: The Term of this Agreement shall end at completion of the Scope of
Work, no later than 60 days from the Effective Date or eA 2Q . (This
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 .................. __,;;_;........;;;;..aa..,
includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed
amount based on changes to the Scope of Work.
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.
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-23-024
24th January, 2023, (the "Effective
A.
8.
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.ln1.w a.gov/Tradesllcens1ng/PrevWage/default.asp
http://www. In 1. wa .gov /T radesL,censing/PrevWage/WageRates/ defa u It. 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.
___ 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
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C.
D.
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-weekly). 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 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% retamage 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
___ 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.
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E.For limited Public Works Contracts under $35,000
For limited public works projects, the City may choose to waive the payment and
performance bond requirements of chapter 39.08 RCW and the retainage
requirements of chapter 60.28 RCW, for laborers, mechanics, subcontractors,
material-persons, suppliers, and taxes imposed under Title 82 RCW that may be
due from the contractor for the limited public works project, however The City
shall have the right of recovery against the contractor for any payments made on
the contractor's behalf.
F.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.
G.Final Acceptance. Final Acceptance of the Project occurs when the Public Works
Director has determined that the Project is one hundred percent (100%) complete
and has been constructed in accordance with the Plans and Specifications.
H.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 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 Contract exceeds the
expense incurred by the City in finishing the work, and all damages sustained b y
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 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.
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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.
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, m 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.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.
E.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.
F.Contractor shall provide City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
G.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
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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 S5,000
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 m 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 tnJury,
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
10.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 toiensure 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.
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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.
13.
14.
1S.
Information regarding acquiring a city business license can be found at:
http://www.rentonwa.gov/cms/0ne.aspx?portalld=7922741&pageld=9824882
Information regarding State business licensing requirements can be found at:
http://dor.wa.gov/doing-bus1ness/reg1ster-my-bus1ness
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).
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.
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.
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. This Agreement
shall be administered by and any notices should be sent to the undersigned
individuals or their designees.
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CITY OF RENTON
Kelly Beymer, Park and Rec Administrator
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-6600
kbeymer@rentonwa.gov
CONTRACTOR
James D. Testa, Owner /Operator
A.C.E. Improvements
PO Box 956
Auburn, WA 98071
Phone: (253.486.7557
Aceimprovements2013@gmail.com
Fax:
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 shalt
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 m 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 Maleng Regional
Justice Center in Kent, King County, Washington, or its replacement or successor.0
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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.
1.Severability. A court of competent jurisdiction's determination that any provision
or part of this Agreement is illegal or unenforceable shall not cancel or irwalidate
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 prov1s1on or any
other provision of this Agreement in the future. Waiver of breach of any prov1s1on
of this Agreement shall not be deemed to be a waiver of any prior or subsequent
breach unless it is expressly waived in writing.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of
Effective Date.
CITY OF RENTON CONTRACTOR
Date Date
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Attest
Jason A. Seth
City Clerk
Approved as to Legal Form
Shane Moloney
Renton City Attorney
Non-standard 05/04/20 CLB
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(approved by Cheryl Beyers via email on 1/11/2023)