HomeMy WebLinkAboutContractSMALL WORKS CONTRACT AGREEMENT
Using State Master Contract #04216
CAG-21-_____
THIS AGREEMENT (“Agreement”) is made as of the _____ day of ________, 2021, (the “Effective
Date”) by and between the City of Renton, a Washington State municipal corporation (“City”),
through its Community Services Department and Northwest Playground Equipment, Inc.,
(“Contractor”), who are collectively referred to as the “Parties”, to supplying playground
equipment, including demolishing existing equipment, design layout within existing park
playground area, delivery, installation, verification of adequate playground drainage, cleanup,
debris removal and all other work associated with the playground replacement at Kennydale
Beach Park, located at 3601 Lake Washington Blvd N, Renton, WA 98056.
WHEREAS, the City has entered into the State Master Contracts Usage Agreement (MCUA)
#21725 authorizing the use of State Contracts; and,
WHEREAS, through competitive bid process Washington State Department of Enterprise
Services (DES) awarded Contract #04216 that provides for Parks & Recreation Equipment and
Related Services (NASPO) including removal and installation services; and,
WHEREAS, Contractor is a listed and participating Contractor for Contract #04216.
The 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: The 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 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
Work, no later than 180 days from the Effective Date. This Agreement may be extended
to accomplish change orders, if required, upon mutual written agreement of The City and
Contractor.
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22nd October
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5.Agreement Sum: The total amount of this Agreement is the sum of $134,148.81 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, the City agrees to make payment of the amount identified
as the Agreement Sum.
7.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.
A.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.lni.wa.gov/TradesLicensing/PrevWage/default.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.
B. N/A for Agreements over $150,000:
C.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)
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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 City 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 5% with contract
bond is required:
_______ To provide a payment and performance bond (contract bond) in the
amount of 100% of the estimate including taxes with a 5% retainage,
or
___X____ 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.
D. N/A for limited Public Works Contracts under $35,000
E.The 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.
F.Final Acceptance. Final Acceptance of the Project occurs when the City’s Capital
Projects Coordinator has determined that the Project is one hundred percent
(100%) complete and has been constructed in accordance with the Plans and
Specifications.
G.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 by
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.
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8.Hold Harmless: Contractor shall indemnify, defend and hold harmless the 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 the City
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 the 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, in the minimum amount of $1,000,000 for each
occurrence, shall also be secured for any professional services being provided to
the 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. The City’s insurance policies shall not be a source for payment of any
Contractor liability.
E.Subject to the City’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before executing the work of
this Agreement.
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F.Contractor shall provide the City with written notice of any policy cancellation,
within two (2) business days of their receipt of such notice.
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 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, the 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 the City and as a result, shall
not be entitled to any coverage or benefits from the City of Renton. Contractor’s relation
to the 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
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Contractor’s employees, while engaged in Work 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 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).
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 the City and Contractor represents and warrants that such individuals are duly
authorized to execute and deliver this Agreement on behalf of the 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
Betsy Severtsen, RLA
Capital Projects Coordinator
1055 South Grady Way
Renton, WA 98057
Phone: (425) 757-6657
bsevertsen@rentonwa.gov
CONTRACTOR
Chris McGarvey
Parks Consultant – Southwest
Washington
PO Box 2410
Issaquah, WA 98027-0109
Phone: (425) 681-5848
chris@nwplayground.com
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 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 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.
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.
10/14/2021
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Approved as to Legal Form
_______________________________
Attest
_____________________________
Shane Moloney
Renton City Attorney
________________________________
Jason Seth
Renton City Clerk
______________________________
Date Date
Non-standard (383) CLB 09-10-21
(approved via email from Cheryl Beyer)
10/18/2021 10/22/2021