HomeMy WebLinkAboutContractDocuSign Envelope ID: 0E500D75-4B0B-47D2-9687-7F1A4963E633
SMALL PUBLIC WORKS CONTRACT AGREEMENT
Erosion Control at 301 Monroe Ave NE
THIS AGREEMENT ("Agreement") is made as of the 17th day of October, 2023, (the "Effective
Date") by and between the City of Renton, a non-charter code city under RCW 35A, and a
Washington municipal corporation ("City"), through its Public Works Department and FTS
Excavation, ("Contractor''), a LLC who are collectively referred to as the "Parties", to provide
construction services for the Erosion Control at 301 Monroe Ave NE Project. 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."
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 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 10 days 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, on November 30th , 2023. This Agreement may be extended to accomplish change
orders, if required, upon mutual written agreement of City and Contractor.
5.Agreement Sum: The total amount of this Agreement is the sum of $18,801.00 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.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.
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.
CAG-23-298
DocuSign Envelope ID: 0E500D75-4B0B-47D2-9687-7F1A4963E633
A.
B.
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. In i. wa .gov /Tradeslicensi ng/PrevWage/ defa u It.asp
http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp
Pursuant to WAC 296-127-011, the applicable effective date for prevailing wage
rates paid for the duration of this contract shall be the date the contract is
executed as reflected in the "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.
__ x __ Retained in a fund by the City.
or
____ Deposited by the City in an escrow (interest-bearing) account in a bank,
mutual saving bank, or savings and loan association (interest on 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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DocuSign Envelope ID: 0E500D75-4B0B-47D2-9687-7F1A4963E633
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% retainage with contract bond) applies:
___ To provide a payment and performance bond (contract bond) in the
amount of 100% of the estimate including taxes with a 5% retainage.
or
___ 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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Approved by Cheryl Beyer via email 10/5/2023