HomeMy WebLinkAboutContractSMALL PUBLIC WORKS CONTRACT AGREEMENT
THIS AGREEMENT (“Agreement”) is made as of the _____ day of ________, 2022, (the “Effective
Date”) by and between the City of Renton, a non-charter code city under RCW 35A, and a
Washington municipal corporation (“City”), Parks and Recreation Department and Stumpy Tree
Service, (“Contractor”), a sole proprietorship who are collectively referred to as the “Parties”, to
remove existing trees at the Renton Senior Activity Center. 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 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 June 30, 2022. 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 $3,523.20 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-22-103
24th May
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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 Retainage held by the City or in Escrow Account:
C.N/A For Agreements over $150,000:
D.N/A For Agreements under $150,000
E.For limited Public Works Contracts under $35,000
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.
F.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.
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G.Final Acceptance. Final Acceptance of the Project occurs when the Public Works
Director has determined that the Project is one hundred percent (100%) complete
and has been constructed in accordance with the Plans and Specifications.
H.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.
8.Hold Harmless: Contractor shall indemnify, defend and hold harmless 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 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 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:
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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
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. City’s insurance policies shall not be a source for payment of any Contractor
liability.
E.Subject to City’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to City before executing the work of this
Agreement.
F.Contractor shall provide City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
G.Additional Insurance if marked as “Required” by City:
1.☐ Required. Builders Risk insurance covering interests of the City, the
Contractor, Subcontractors, and Sub-contractors in the work. Builders Risk
insurance shall be on a special perils policy form and shall insure against
the perils of fire and extended coverage and physical loss or damage
including flood, earthquake, theft, vandalism, malicious mischief, and
collapse. The Builders Risk insurance shall include coverage for temporary
buildings, debris removal and damage to materials in transit or stored off-
site. This Builders Risk insurance covering the work will have a deductible
of $5,000 for each occurrence, which will be the responsibility of the
Contractor. Higher deductibles for flood and earthquake perils may be
accepted by the City upon written request by the Contractor and written
acceptance by the City. Any increased deductibles accepted by the City will
remain the responsibility of the Contractor. The Builders Risk insurance
shall be maintained until final acceptance of the work by the City.
2.☐ Required. Contractors Pollution Liability insurance covering losses
caused by pollution conditions that arise from the operations of the
Contractor. Contractors Pollution Liability insurance shall be written in an
amount of at least $1,000,000 per loss, with an annual aggregate of at least
$1,000,000. Contractors Pollution Liability shall cover bodily injury,
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property damage, cleanup costs and defense including costs and expenses
incurred in the investigation, defense, or settlement of claims.
If the Contractors Pollution Liability insurance is written on a claims-made
basis, the Contractor warrants that any retroactive date applicable to
coverage under the policy precedes the effective date of this contract; and
that continuous coverage will be maintained or an extended discovery
period will be exercised for a period of three (3) years beginning from the
time that work under the contract is completed.
The City shall be named by endorsement as an additional insured on the
Contractors Pollution Liability insurance policy.
If the scope of services as defined in this contract includes the disposal of
any hazardous materials from the job site, the Contractor must furnish to
the City evidence of Pollution Liability insurance maintained by the disposal
site operator for losses arising from the insured facility accepting waste
under this contract. Coverage certified to the Public Entity under this
paragraph must be maintained in minimum amounts of $1,000,000 per loss,
with an annual aggregate of at least $1,000,000.
Pollution Liability coverage at least as broad as that provided under ISO
Pollution Liability-Broadened Coverage for Covered Autos Endorsement CA
99 48 shall be provided and the Motor Carrier Act Endorsement (MCS 90)
shall be attached.
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,
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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, 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 City and as a result, shall not be
entitled to any coverage or benefits from the City of Renton. Contractor’s relation to 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 Contractor’s employees,
while engaged in Work provided to be rendered under this Agreement, shall be the solely
Contractor’s obligation and responsibility.
12.City of Renton Business License: The Consultant shall obtain a City of Renton Business
License prior to performing any Work and maintain the business license in good standing
throughout the term of this agreement with the City.
Information regarding acquiring a city business license can be found at:
http://www.rentonwa.gov/cms/One.aspx?portalId=7922741&pageId=9824882
Information regarding State business licensing requirements can be found at:
http://dor.wa.gov/doing-business/register-my-business
13.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).
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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 City and Contractor represents and warrants that such individuals are duly
authorized to execute and deliver this Agreement on behalf of 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.
CITY OF RENTON
Betsy Severtsen
1055 South Grady Way
Renton, WA 98057
Phone: (425) 757-6657
bsevertsen@rentonwa.gov
CONTRACTOR
Lance Malmberg
9220 105th Ave Ct SW
Tacoma, WA 98498
Phone: (425)233-9933
malmberglance@gmail.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.
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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.
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 City or Contractor from enforcing that provision or any
other provision of this Agreement in the future. Waiver of breach of any provision
ofthisAgreementshallnotbedeemedtobeawaiverofanypriororsubsequentbreachunlessitisexpresslywaivedinwriting.INWITNESSWHEREOF,thePartieshavevoluntarilyenteredintothisAgreementasofEffectiveDate.CITYOFRENTONCONTRACTORKellyBeymerjirEMaf’mbergParksandRecreationAdministratorOwner1055SouthGradyWayRenton,WA98057DateDateApprovedastoLegalFormShaneMoloneyRentonCityAttorneyNor-standardOS/04/20CLBCIb5/11/22(1977)0PAGror9(approved via email from Cheryl Beyer on 5/17/2022)
RENTON SENIOR ACTIVITY CENTER
TREE REMOVAL
REQUEST FOR BID
CITY OF RENTON
PARKS AND RECREATION DEPARTMENT
PARKS PLANNING & NATURAL RESOURCES DIVISION
1055 SOUTH GRADY WAY
RENTON, WASHINGTON 98057
April 15, 2022
Attachment A
RENTON SENIOR ACTIVITY CENTER
TREE REMOVAL
TABLE OF CONTENTS
TITLE
Table of Contents
Request for Bid
Certificate of Compliance with Wage Payment Statutes
Appendix A: Sample Small Works Contract
Appendix B: Contract Bond
Appendix C: Plans
Appendix D: Record Drawings
Attachment A
REQUEST FOR BID
SMALL WORKS ROSTER
RENTON SENIOR ACTIVITY CENTER: TREE REMOVAL
I.PURPOSE OF REQUEST
The City of Renton (“City”) is requesting bids for the purpose of removing (4) existing trees
at the Renton Senior Activity Center, located at 211 Burnett Ave N, Renton, WA 98057.
The City’s requirements are outlined in the following Request for Bid (“RFB”). The Work shall
be performed under the City of Renton Small Public Works Contract Agreement (sample
attached).
II.TIME SCHEDULE
The following timetable will be used:
Issue RFQ April 15, 2022
Deadline for Submittal of Bids April 25, 2022, 2:00 p.m.
Notice to Proceed (expected)May 9, 2022
III.INSTRUCTIONS TO PROPOSERS
A.All proposals shall be sent to:
Betsy Severtsen, RLA
Capital Projects Coordinator
Parks and Recreation
425-757-6657
Email: bsevertsen@rentonwa.gov
B.Proposals are due by 2:00 PM PST on April 25, 2022, submitted by email
(bsevertsen@rentonwa.gov):
1)Electronic copy submittal: Email bsevertsen@rentonwa.gov an electronic copy of
the proposal and attachments.
C.No hardcopy, faxed or telephone proposals will be accepted. All proposals must be
made on Exhibit ‘A’, Request for Proposal, attached. The attached Certificate of
Compliance with Payment Statutes form shall be signed and submitted with the bid.
Attachment A
D.Note that any questions for Ms. Severtsen must be received by noon on April 20,
2022 via email.
IV.TERMS AND CONDITIONS
A.The City reserves the right to reject any and all proposals, and to waive minor
irregularities in any proposal.
B.The City's fair practices and non-discrimination policies, and State Prevailing Wage
Rates apply to this project.
C.A Notice to Proceed shall be given after the Risk Manager approves the insurance, and
the Contract is approved and signed by the Parks & Recreation Administrator.
D.Upon Notification of Intent to Award Contract, the following documents must be
submitted prior to commencement of the Work and no later than 14 calendar days
after receipt of Notification of Intent to Award Contract:
•Contract Agreement (sample below)
•Contract Bond
•City of Renton Business License
•Statement of Intent to Pay Prevailing Wages
•Certificate of Liability Insurance naming the City of Renton as additional insured
PROPOSAL
SCOPE OF WORK
The site work required under this contract shall be fully completed within thirty (30) calendar days from
the Construction Notice to Proceed.
1.The Maximum Allowable Construction Cost budget for this project is $5,000 including sales
tax. In addition to all design and construction costs, the proposal fee should include sales
tax.
2.Verify existing conditions including providing utility locates of the project site. Protect
existing conditions to remain.
3.Coordinate with City of Renton staff regarding use of and access to site.
4.Provide barricades and signage around work area.
5.As identified in Appendix C Site Plan:
a.Remove four trees including clearing and grubbing of stumps to 12” below surface
and backfilling hole with soil and mulch
6.Clean site and remove all debris in legal manner.
Attachment A
Attachment A
Attachment A
APPENDIX A: SAMPLE SMALL WORKS CONTRACT
Attachment A
SMALL PUBLIC WORKS CONTRACT AGREEMENT
THIS AGREEMENT (“Agreement”) is made as of the _____ day of ________, 2022, (the
“Effective Date”) by and between the City of Renton, a non-charter code city under RCW 35A,
and a Washington municipal corporation (“City”), _______________ Department and
(CONTRACTOR’S NAME), (“Contractor”), a ___________who are collectively referred to as the
“Parties”, to _______________________________. 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 (typically 30 or 60 or 90 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, no later than ________ days from the Effective Date or on ____________, 20___.
(Pick one) 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 ($00,000.00) 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.
Attachment A
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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. 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.
_______ 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
authorization. The City will issue a check representing the sum of the monies
Attachment A
PAGE 3 OF 11
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.
C. For Agreements over $150,000:
Pursuant to RCW 60.26 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.
D. For Agreements under $150,000
Pursuant to RCW 60.26 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.
Attachment A
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E. For limited Public Works Contracts under $35,000
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.
F. 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.
G. Final Acceptance. Final Acceptance of the Project occurs when the Public Works
Director has determined that the Project is one hundred percent (100%) complete
and has been constructed in accordance with the Plans and Specifications.
H. 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.
8. Hold Harmless: Contractor shall indemnify, defend and hold harmless 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 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
Attachment A
PAGE 5 OF 11
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 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
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. City’s insurance policies shall not be a source for payment of any Contractor
liability.
E. Subject to City’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to City before executing the work of this
Agreement.
F. Contractor shall provide City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
G. Additional Insurance if marked as “Required” by City:
1. ☐ Required. Builders Risk insurance covering interests of the City, the
Contractor, Subcontractors, and Sub-contractors in the work. Builders Risk
insurance shall be on a special perils policy form and shall insure against
the perils of fire and extended coverage and physical loss or damage
including flood, earthquake, theft, vandalism, malicious mischief, and
collapse. The Builders Risk insurance shall include coverage for temporary
buildings, debris removal and damage to materials in transit or stored off-
Attachment A
PAGE 6 OF 11
site. This Builders Risk insurance covering the work will have a deductible
of $5,000 for each occurrence, which will be the responsibility of the
Contractor. Higher deductibles for flood and earthquake perils may be
accepted by the City upon written request by the Contractor and written
acceptance by the City. Any increased deductibles accepted by the City will
remain the responsibility of the Contractor. The Builders Risk insurance
shall be maintained until final acceptance of the work by the City.
2. ☐ Required. Contractors Pollution Liability insurance covering losses
caused by pollution conditions that arise from the operations of the
Contractor. Contractors Pollution Liability insurance shall be written in an
amount of at least $1,000,000 per loss, with an annual aggregate of at least
$1,000,000. Contractors Pollution Liability shall cover bodily injury,
property damage, cleanup costs and defense including costs and expenses
incurred in the investigation, defense, or settlement of claims.
If the Contractors Pollution Liability insurance is written on a claims-made
basis, the Contractor warrants that any retroactive date applicable to
coverage under the policy precedes the effective date of this contract; and
that continuous coverage will be maintained or an extended discovery
period will be exercised for a period of three (3) years beginning from the
time that work under the contract is completed.
The City shall be named by endorsement as an additional insured on the
Contractors Pollution Liability insurance policy.
If the scope of services as defined in this contract includes the disposal of
any hazardous materials from the job site, the Contractor must furnish to
the City evidence of Pollution Liability insurance maintained by the disposal
site operator for losses arising from the insured facility accepting waste
under this contract. Coverage certified to the Public Entity under this
paragraph must be maintained in minimum amounts of $1,000,000 per loss,
with an annual aggregate of at least $1,000,000.
Pollution Liability coverage at least as broad as that provided under ISO
Pollution Liability-Broadened Coverage for Covered Autos Endorsement CA
99 48 shall be provided and the Motor Carrier Act Endorsement (MCS 90)
shall be attached.
10. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Contractor agrees as follows:
Attachment A
PAGE 7 OF 11
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, 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 City and as a result, shall not be
entitled to any coverage or benefits from the City of Renton. Contractor’s relation to 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 Contractor’s employees,
while engaged in Work provided to be rendered under this Agreement, shall be the solely
Contractor’s obligation and responsibility.
12. City of Renton Business License: The Consultant shall obtain a City of Renton Business
License prior to performing any Work and maintain the business license in good standing
throughout the term of this agreement with the City.
Attachment A
PAGE 8 OF 11
Information regarding acquiring a city business license can be found at:
http://www.rentonwa.gov/cms/One.aspx?portalId=7922741&pageId=9824882
Information regarding State business licensing requirements can be found at:
http://dor.wa.gov/doing-business/register-my-business
13. 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).
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 City and Contractor represents and warrants that such individuals are duly
authorized to execute and deliver this Agreement on behalf of 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.
Attachment A
PAGE 9 OF 11
CITY OF RENTON
Betsy Severtsen
1055 South Grady Way
Renton, WA 98057
Phone: (425) 757-6657
bsevertsen@rentonwa.gov
CONTRACTOR
Contract/Project Manager Name
Street Address
City, State Zip
Phone: (XXX) XXX-XXXX
E-mail Address
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.
Attachment A
PAGE 10 OF 11
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 City 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.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of
Effective Date.
CONTRACTOR
____________________________
CITY OF RENTON
____________________________
Kelly Beymer, Administrator
1055 South Grady Way
Renton, WA 98057
____________________________
Date
Attest
____________________________
Jason A. Seth
City Clerk
____________________________
Date
Attachment A
PAGE 11 OF 11
Approved as to Legal Form
_______________________________
Shane Moloney
Renton City Attorney
Non-standard 05/04/20 CLB
Attachment A
APPENDIX B: CONTRACT BOND
Attachment A
Renton Senior Activity Center Tree Removal Page 1 of 2 Contract Bond to the CITY of Renton
CAG-22-103 03/08/2022 F clb
CONTRACT BOND TO THE CITY OF RENTON
Bond No. ________________
KNOW ALL MEN BY THESE PRESENTS, That we, (CONTRACTOR/PRINCIPAL) ______________________
of [address]________________________________________________ as PRINCIPAL , and
(SURETY)_________________________________________ a corporation organized and existing under
the laws of the State of ________________________ as a SURETY corporation, and qualified under the
laws of the State of Washington to become SURETY upon bonds of contractors with municipal
corporations, as SURETY , are jointly and severally held and firmly bound to the City of Renton
(CITY/OWNER) in the sum of________________________________________________ US Dollars
($________________________) Total Contract Amount, for the payment of which sum on demand we
bind ourselves and our heirs, successors, assigns, executors, administrators and personal
representatives, as the case may be. This obligation is entered into pursuant to the laws of the State of
Washington and the ordinances of the City of Renton.
Dated at _____________, Washington, this ________ day of ____________________, 20______.
NOW, THEREFORE THE CONDITIONS OF THE ABOVE OBLIGATION ARE AS FOLLOWS:
WHEREAS, under and pursuant to Contract No. CAG-22-103 providing for construction of the Renton
Senior Activity Center Tree Removal; the PRINCIPAL has accepted, or is about to accept, the Contract,
and undertake to perform the Work therein provided for in the manner and within the time set forth.
• The SURETY indemnifies, defends, and protects and holds the CITY/OWNER, its officers, agents, and
assigns harmless from and against all claims, liabilities, causes of action, damages, and costs for such
payments for labor, equipment, and materials by satisfying all claims and demands incurred under
the Contract, and reimbursing and paying CITY/OWNER all expenses that CITY/OWNER may incur in
making good any default by PRINCIPAL; and, against any claim of direct or indirect loss resulting from
the failure of the PRINCIPAL, its heirs, executors, administrators, successors, or assigns, (or the
subcontractors or lower tier subcontractors of the PRINCIPAL) to pay all laborers, mechanics,
subcontractors, lower tier subcontractors material persons, and all persons who shall supply such
contractor or subcontractors with provisions and supplies for the carrying on of such work; and,
against any claim of direct or indirect loss resulting from the failure of the PRINCIPAL, its heirs,
executors, administrators, successors, or assigns (or any of the employees, subcontractors, or lower
tier subcontractors of the PRINCIPAL) to faithfully perform the Contract.
• The indemnities to CITY/OWNER shall also inure to the benefit of the Consulting Engineers and other
design professionals retained by OWNER in connection with the Project.
• No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to
be performed under the Contract shall in any way affect SURETY 's obligation on the Contract Bond.
SURETY , for value received, hereby waives notice of any change, extension of time, alteration, or
addition to the terms of the Contract or the Work to be performed thereunder and agrees that
modifications and changes to the terms and conditions of the Contract that increase the total amount
to be paid the PRINCIPAL shall automatically increase the obligation of the SURETY on this Contract
Bond and notice to SURETY is not required for such increased obligation.
• This Contract Bond shall be governed and construed by the laws of the State of Washington, and
venue shall be in King County, Washington.
Attachment A
Renton Senior Activity Center Tree Removal Page 2 of 2 Contract Bond to the CITY of Renton
CAG-22-103 03/08/2022 F clb
FURTHERMORE, this Contract Bond shall be satisfied and released only upon the conditions that
PRINCIPAL or SURETY:
• Faithfully performs all provisions of the Contract and changes authorized by CITY/OWNER in the
manner and within the time specified as may be extended under the Contract;
• Pay, in accordance with Chapters 39.08, 39.12 and 60.28 Revised Code of Washington (RCW), the
sums due all workers, laborers, mechanics, subcontractors, lower tier subcontractors, material
suppliers, and all other persons or agents who supply labor, equipment, or materials for carrying on
of such work under the Contract;
• Pay all taxes, increases and penalties, if any, incurred on or related to the Contract under Titles 50 and
51 Revised Code of Washington (RCW) and any and all taxes imposed on the Principle under Title 82
RCW or any other law;
• Receives a written discharge/release of bond from CITY, signed by the Mayor or by a duly authorized
representative of CITY.
This Contract Bond shall be executed in two (2) original counterparts, and shall be signed by the parties’
duly authorized officers. This Contract Bond will only be accepted if is accompanied by a fully executed
and original power of attorney for the office executing on behalf of the SURETY.
PRINCIPAL SURETY
[PRINCIPAL] [SURETY]
[Signature of Authorized Official] [Signature of Authorized Official]
[Printed Name] [Printed Name]
[Title] [Title]
[Date] [Date]
Name and address of local office of
Agent and/or SURETY Company:
Telephone:
Attachment A
APPENDIX C: SITE PLAN
Attachment A
40 ft
X
X
X
Curb to RepairExpanded Islandand New CurbPaving RepairAreaTree to beRemoved (4)
Tree to Install (4):
2-inch caliper,
B&B: Snowcloud
Serviceberry
(Amelanchier
laevis)
Curb to Remove and ReplaceCurb to RemoveExpanded Island and New CurbPaving Repair AreaTree to be Removed (4)Tree to Install (4):2-inch caliper, B&B: SnowcloudServiceberry (Amelanchierlaevis)
ADA Concrete Cur
b
R
a
m
p
X
Remove Tree. Remove Tree.
Remove Tree.
Remove Tree.
LEGEND
Tree to be Removed (4)X
0 40 80
SITE PLAN
RENTON SENIOR ACTIVITY CENTER TREE REMOVAL
Attachment A
APPENDIX D: RECORD DRAWINGS
Attachment A
Attachment A
J
J
J
J
CTS
J
J
PLAN
LIGHTING
REVISIONS
DATE:5/23/2014
211 BURNETT AVE N
Renton, WA 98055
City of Renton
1055 South Grady Way
Renton, WA 98057
E-1.0
SITE PLAN
SCALE: 1" = 20'-0"
N
WIRING DIAGRAM
SCALE: NTS
BID SET 5/23/2014
Attachment A
Attachment A