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SMALL WORKS CONTRACT AGREEMENT
THIS AGREEMENT (“Agreement”) is made as of the _____ day of ________, 2021, (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 Klinge and Associates, Inc.,
(“Contractor”), a Washington corporation, who are collectively referred to as the “Parties”, to
complete pressure washing of court surfaces at various park sites. 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 Scope of Work which is attached and fully incorporated into this
Agreement by reference as Attachment “A” and as proposed in Attachment “B.”
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 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 60 days 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 $8789.28 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: Payment by Renton for the Services will only be made after the
Services have been performed and a voucher or invoice is submitted in a form acceptable
to Renton. 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
CAG-21-113
28th April
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Contractor for any work not completed in a satisfactory manner until such time as
Contractor modifies such work so that the same is satisfactory.
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,
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, 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.
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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 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.
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. 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,
http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp.
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13. 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).
14. 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.
15. Other Provisions:
a. Administration and Notices. Each individual executing this Agreement on behalf of
Renton and Contractor represents and warrants that such individuals are duly
authorized to execute and deliver this Agreement on behalf of Renton 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.
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 shall perform
the services 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.
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f. 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.
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.
i. 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.
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 Renton 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.
[Signatures follow on the next page.]
(approved via email from Leslie Clark)
Attachment A
CITY OF RENTON
COMMUNITY SERVICES DEPARTMENT
Parks and Trails Division
Renton City Hall, 1055 South Grady Way
Renton, WA 98057
c/o Steve Brown, Parks Maintenance Manager
office (425) 430-6618, cell (425) 766-6190
sbrown@rentonwa.gov
SCOPE OF WORK
SCOPE OF WORK: Court Cleaning
The contractor shall provide all labor, materials and equipment to complete the following
tasks:
x Clean designated court surfaces with appropriate pressure washing equipment
x Ensure that cleaning technique and equipment does not cause any damage to
existing surface
x Remove all trash and debris at the end of each work day and upon completion of
project
x The use of additional cleansing agents such as soaps or detergents will not be
necessary
x Water is available at all sites. Distance from supply source to court surface
ranges from 50 – 300 feet
JOB LOCATIONS – Nine (9) sites are included in this contract:
SITE # 1: Gene Coulon Memorial Beach Park
1201 Lake Washington Blvd. North
Renton, WA 98056
x Two (2) tennis courts are located at this site.
SITE # 2: Kennydale Lions Park
2428 Aberdeen Ave NE
Renton, WA 98056
x One (1) full-court basketball court is located at this site.
SITE # 3: Philip Arnold Park
720 Jones Avenue S
Renton, WA 98057
x Two (2) tennis courts are located at this site.
Attachment A
SITE # 4: Liberty Park
1101 Bronson Way North
Renton, WA 98057
x Three (3) tennis courts, one (1) full-court and two (2) half-court basketball
courts are located at this site.
SITE # 5: Heritage Park
233 Union Ave. NE
Renton, WA 98056
x One (1) half-court basketball court is located at this site.
SITE #6: Earlington Park
272 Thomas Ave SW
Renton, WA 98057
x One (1) full-court basketball court is located at this site along with
additional play surface.
SITE #7: Talbot Hill Reservoir Park
1900 Talbot Rd S
Renton, WA 98055
x Three (3) tennis courts and Three (3) pickleball courts are located at this
site.
SITE #8: North Highlands Park & Neighborhood Center
3000 NE 16th St.
Renton, WA 98056
x One (1) tennis court and one (1) half-court basketball court are located at
this site.
SITE #9: Tiffany Park
1902 Lake Youngs Way SE
Renton, WA 98058
x Two (2) tennis courts and one (1) full-court basketball court are located at
this site.
Attachment A
SPECIFICATIONS
1. Bidder/Contractor to be responsible to measure and verify dimensions, site
conditions and other relevant project information.
2. Bidder/Contractor shall provide cost estimate for the project to include City of
Renton sales tax at the rate of 10.1%.
3. Bidder/Contractor responsible for the security of the project sites for the duration
of the project.
4. Bidder/Contractor shall perform work during the hours of 7:00 am to 5:00pm,
Monday through Friday. Work performed outside of this timeframe would need to
be mutually agreed upon between owner and contractor.
5. This project is subject to prevailing wage. Bidder/Contractor will be required to
comply with Washington State prevailing wage requirements. The 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.
6. Bidder/Contractor will have a verifiable record of completing this type of work and
be prepared to offer examples of such work. Bidder/Contractor should be
prepared to provide references on request.
7. If you have questions regarding this project please contact Steve Brown at
sbrown@rentonwa.gov or 425.430.6618.
8. Deadline to receive bids for this project is Monday, March 29, 2021 at 3:00 p.m.
and can be sent electronically to Steve Brown at sbrown@rentonwa.gov
9. The Bidder/Contractor that is awarded the job should be prepared to complete all
work associated with the contract within 30 days of contract execution.
KLINGE and Associates, Inc.
PO Box 866
Kirkland, Washington x 98083
Cell: 206/ 793-2394
Email: duaneklinge@hotmail.com
March 25, 2021
Mr. Steve Brown
City of Renton, Parks Department
Renton, WA
Ph: 425-430-6618 or 425-766-6190 (cell)
email: Sbrown@rentonwa.gov
Re: City of Renton – Parks Court Washington
Dear Mr. Brown:
The following is a description of the work to clean the various courts within the City of Renton as shown
on bid documents (Nine courts).
Price: $7,983.00 NIC Sales tax
Scope of work:
Clean designated court surfaces as listed on bid invitation email
Nine (9) court surfaces in the City of Renton
Remove all trash and debris upon completion of work
Water source provided as shown on bid information
Clean up, Disposal and removal of debris
Schedule:
The work shall be performed upon written notice or written acceptance of proposal, not including design
process and permits. Schedule of work is subject to authorization of proposal, material procurement,
permitting, and/or contractor’s schedule. Pricing is valid for 30 days from this date
Payment:
Payment shall be received in full for the amount shown above including any additional work as agreed
upon in writing. Contractor to file and pay Prevailing wages as required. No Bid Bond.
Changes to Work:
Labor is priced at normal working hours (7:30 am – 4:00 pm) between Monday – Friday. Work not
included in the above, shall be completed on a Time and Material basis.
Exclusions:
Water Supply
Specialty Permits
General Conditions (toilet, power & water)
Sincerely,
Duane Klinge
Klinge and Assoc Inc.
ATTACHMENT B