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CAG-15-011
CITY OF RENTON
PUBLIC WORKS CONTRACT
This Agreement, made and entered into this Itc__ day o c;�bi S by and between The City of
Renton,Washington,a municipal corporation of the State of Washington, hereinafter referred to as"City" and
Green Effects, Inc., hereinafter referred to as"Contractor"to perform landscape maintenance services at the
main entrance to the Airport and at the monument located just south of 300 Rainier Avenue North.
The City and Contractor agree as set forth below.
1. Documents of Contract
Scope of Work—The Contractor shall provide all material and labor necessary to perform all of the work
as described in the attached Scope of Work dated December 30,2014,which is hereby incorporated by
this reference.
2. Changes in Scope of Services—The City,without invalidating the Contract, may order changes in the
Services consisting of additions,deletions,or modifications,the Contract Sum being adjusted
accordingly.Such changes in the work shall be authorized by written Change Order signed by the City
and the Contractor.The sum of all change orders over the term of the contract shall not exceed
$10,000.00(written amount:ten thousand dollars and zero cents)which includes Washington State
sales tax(9.5%).
3. Time of Performance—The Contractor shall commence performance of the Contract no later than
fourteen (14)calendar days after the Contract's final execution and shall complete the full performance
of the Contract not later than December 31,2016.
4. Term of Contract—This contract shall remain in effect until December 31,2016.
5. Contract Sum—In consideration of the Contractor performing the specified services,the City agrees to
pay the Contractor, over the term of the contract, monthly payments of$310.98(written amount:
three hundred ten dollars and ninety-eight cents)which includes Washington State sales tax(9.50).
6. Method of Payment—Payment by the City for the Services will only be made after the services have
been performed and a detailed invoice is submitted to the City. Payments will be made to the
Contractor on a monthly basis,thirty days after receipt of the invoice.The City shall have the right to
withhold payment to the Contractor for any work not completed in a satisfactory manner until such
time as the Contractor modifies such work so that the same is satisfactory.
7. Prevailing Wages—Prevailing wages, in accordance with RCW 39.12, applies to this Contract.The
Contractor shall pay no less than the prevailing wage rate to all employees.The Contractor shall submit
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a "Statement of Intent to Pay Prevailing Wages" and an "Affidavit of Wages Paid" in compliance with
RCW 39.12.040.
8. Warranty—The Contractor warrants for itself and all of its employees that they have the requisite
training,skill, and experience necessary to provide the services as detailed in the Scope of Work and are
appropriately licensed by all applicable agencies and governmental entities.
9. Independent Contractor—The Contractor and the City agree that the Contractor is an independent
contractor with respect to the services provide under this Agreement. Neither the Contractor nor any
employee of the Contractor shall be entitled to any benefits accorded City employees by virtue of the
services provided under this Agreement.The Contractor shall be responsible for paying all applicable
taxes including income and business taxes.
10. Discrimination Prohibited—The Contractor,with regard to work performed under this agreement,will
not discriminate on the grounds of race, color, national origin, religion, creed, age, sex,the presence of
any physical or sensory handicap, or sexual orientation, in the selection and/or retention of employees,
or procurement of materials or supplies.
11. Assignment and Subcontract—The Contractor shall not assign or subcontract any portion of this
Contract without express written consent of the City.
12. Recordkeeping and Reporting—The 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 any records required by the City.
13. Hold Harmless—The Contractor shall indemnify, defend, and hold harmless the City, its officers,
officials, employees,and volunteers from and against any and all claims, including claims from third
parties,for injuries, damages, losses, or suits, including attorney's fees arising out of a negligent act,
omission or failure of the Contractor in connection with the performance of this Contract except for
injuries and damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115,then,
in the event of liability for damages arising out of the 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, the Contractor's liability hereunder shall be only to the extent of
the Contractor's negligence. It is further specifically and expressly understood that the indemnification
provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance,Title 51
RCW, solely for the purposes of this indemnification.This waiver has been mutually negotiated by the
parties.The provisions of this section shall survive the expiration or termination of this Contract.
Consultant shall defend, indemnify,and hold the City, its officers, officials,employees, and volunteers
harmless from any and all claims, injuries,damages, losses, or suits including attorney fees, arising out
of or resulting from the acts,errors, or omissions,of the Consultant in performance of this Agreement,
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except for injuries and damages caused by the sole negligence of the City.Should a court of competent
jurisdiction determine that this Agreement is subject to RCW 4.24.115,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 Consultant and the City, its officers,officials,employees, and volunteers,
the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of
the Consultant's negligence. It is further specifically and expressly understood that the indemnification
provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance,Title 51
RCW, solely for the purposes of this indemnification.This waiver has been mutually negotiated by the
parties.The provisions of this section shall survive the expiration or termination of this Agreement.
14. Termination—Prior to the expiration of the Term,this Agreement may be terminated with cause by
either party, subject to a 5(five) day written notice of termination.The termination notice must specify
the grievance and cause for termination,which must relate directly to a failure to meet specific contract
provisions.
15. City of Renton Business License—Prior to signing the Contract,the Contractor agrees to apply for,and
obtain a City of Renton Business License and maintain the license in full force and effect throughout the
work of the Contract. License may be purchased from the Finance Department located in the City of
Renton Municipal Building, 1055 South Grady Way, Renton, WA 98055.
16. Compliance with Laws—The Contractor and all of the Contractor's employees shall perform the services
in accordance with all applicable federal, state,county,and city laws,codes, and ordinances.
17. Conflicts—In the event of any inconsistencies between Contractor's documents and this Contract,this
Contract shall prevail.
18. Insurance—The Contractor shall procure and maintain for the duration of the Contract, insurance
against claims for injuries to persons or damage to property which may arise from or in connection with
the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
No Limitation
Contractor's maintenance of insurance as required by the Contract shall not be construed to limit the
liability of the Contractor to the coverage provided by such insurance,or otherwise limit the City's
recourse to any remedy available at law or in equity.
Minimum Scope of Insurance
Contractor shall obtain insurance that is appropriate for the types of services being provided, including
the types described below:
• Commercial Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles used for the fulfillment of this Contract. ;
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• Commercial General Liability insurance shall cover liability arising from premises,operations,
independent contractors and personal injury and advertising injury. If necessary,the policy
shall be endorsed to provide contractual liability coverage;
• Workers'Compensation coverage as required by the Industrial Insurance laws of the State of
Washington;and
Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
• Commercial Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of$1,000,000 per accident;
• Commercial General Liability insurance shall be written with limits no less than$1,000,000 each
occurrence, $2,000,000 general aggregate.
Other Insurance Provisions
The insurance policies are to contain,or be endorsed to contain,the following provisions for
Commercial Automobile Liability and Commercial General Liability insurance:
• Should any of the above described policies be cancelled before the expiration date thereof,
notice will be delivered in accordance with the policy provisions.
• The City of Renton shall be named as an additional insured under the Contractor's Commercial
General and Automobile Liability insurance policies with respect to the work performed for the
City,on a primary and non-contributory basis.
Verification of Coverage
Contractor shall furnish the City with original insurance certificates and evidence of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement before
commencement of the work.
19. Surety Bond and Retainage-The Contractor shall furnish a surety bond or bonds as security for the
faithful performance of the Contract, including the payment of all persons and firms performing labor on
the construction project under this Contract or furnishing materials in connection with this Contract;
said bond to be in the full amount of the Contract price as specified in Paragraph 12. The surety or
sureties on such bond or bonds must be duly licensed as a surety in the State of Washington.
Alternatively, pursuant to RCW 39.08.010,on contracts of Thirty-Five Thousand Dollars($35,000)or less,
at the option of the Contractor,the City may, in lieu of a bond, retain fifty percent(50%) of the Contract
amount for a period of thirty(30)days after the date of final acceptance,or until receipt of all necessary
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releases from the Department of Revenue and the Department of Labor and Industries and settlement
of any liens filed under Chapter 60.28 RCW,whichever is later.
20. Notices-Any notice from one party to the other party under the Contract shall be in writing and shall be
dated and signed by the party giving such notice or by its duly authorized representative of such party.
Any such notice as heretofore specified shall be given by personal delivery thereof or by depositing
same in the United States mail, postage prepaid, certified or registered mail.
Notices should be mailed to:
To the City:
Renton Airport
616 West Perimeter Rd, Unit A
Renton,WA 98057
To the Contractor:
Green Effects, Inc.
PO Box 2005
Sumner,WA 98390
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This Agreement is entered into as of the day and year written above.
CONTRACTOR CITY OF RENTON
Signature Signature 17
ANN N I N DF 121�i- 1TZ 1 N AV-1- M6 K , _Gregg Zimmerman—Public Works Administrator_
Printed Name and Title Printed Name and Title
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City,State,Zip Attest
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Telephone and Email Prited Name and Title
Approved as to legal form
Lawrence J.Warren,City Attorney
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