HomeMy WebLinkAboutContractDocuSign Envelope ID: 6ABB6B92-5O49-4B79-A8C1-0C96C2DD1 EA8
AGREEMENT WITH AQUA DIVE SERVICES, LLC FOR REPAIR
SERVICES AT CEDAR RIVER BOATHOUSE PIER AND GENE
COULON MEMORIAL BEACH PARK
THIS AGREEMENT ("Agreement") is made as of the __ day of October 2023, (the "Effective
Date") by and between the City of Renton, a non-charter code city under RCW 35A and a municipal
corporation under the laws of the State of Washington ("Renton"), and Aqua Dive Services, LLC
("Contractor"), a Washington limited liability company, who are collectively referred to as the
"Parties", to perform repair services to the H-pile connection to the pier next to the Cedar River
Boathouse at 1060 Nishiwaki Lane and replace damaged grating at the boat ramp facility at Gene
Coulon Memorial Beach Park at 1201 Lake Washington Blvd N. Renton and Contractor agree as
set forth below:
1.Scope of Services: Contractor will provide all material and labor necessary to perform all
work described in the Proposal which is attached and fully incorporated into this
Agreement by reference as Exhibit "A."
2.Changes in Scope of Services: Renton, without invalidating this Agreement, may order
changes to the Scope of Services 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 signed by the Parties.
3.Time of Performance: Contractor shall commence performance of the Agreement no later
than thirty (30} 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
Services, no later than sixty (60) from the Effective Date. This Agreement may be extended
to accomplish change orders, if required, upon mutual written agreement of Renton and
Contractor.
5. Agreement Sum: The total amount of this Agreement is the sum of $10,665.39 which
includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed
amount based on changes to the Scope of Services.
6.Consideration: In exchange for Contractor's performance of the items and responsibilities
identified in the Scope of Services, Renton agrees to make payment of the amount
identified as the Agreement Sum.
7.Method of Payment/Prevailing Wages/Retainage/Bonding/Limited Small Public Works:
CAG-23-394
DocuSign Envelope ID: 6ABB6B92-5O49-4B79-A8C1-0C96C2DD1 EA8
A.Payment: Payment by Renton for the Services will only be made after the Services
have been performed and a voucher or invoice (in a form acceptable to Renton) along with
a copy of filed Intents and Affidavits is submitted with the voucher or invoice. 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.
Renton 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.
B.Prevailing Wage Rates/Retainage/Bonding: 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:
http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp.
C For limited Small Public Works Contracts under $50,000. 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.
8.Hold Harmless: Contractor shall indemnify, defend and hold harmless Renton, 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 Renton
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 Renton, 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,
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DocuSign Envelope ID: 6ABB6B92-5O49-4B79-A8C1-0C96C2DD1 EA8
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:
10.
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
Renton 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. Renton's
insurance policies shall not be a source for payment of any Contractor liability.
e.Subject to Renton's review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to Renton before executing the work of this
Agreement.
f.Contractor shall provide Renton with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
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 services 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 services 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.
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DocuSign Envelope ID: 6ABB6B92-5O49-4B79-A8C1-0C96C2DD1 EA8
c.If Contractor fails to comply with any of this Agreement's non-discrimination
provisions, Renton 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 services under this Agreement, shall be considered employees of the
Contractor and not employees, agents, representatives of Renton and as a result, shall not
be entitled to any coverage or benefits from the City of Renton. Contractor's relation to
Renton 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 services provided to be rendered under this
Agreement, shall be the solely Contractor's obligation and responsibility.
12.Record Keeping and Reporting: Contractor shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Services 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:
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.
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Approved by Cheryl Beyer via email 10/27/20223