HomeMy WebLinkAboutContract CAG-19-109
SMALL WORKS CONTRACT AGREEMENT
THIS AGREEMENT ("Agreement") is made as of the 1_2_ day of IAA c hh, 2019, (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"), through its
Community Services Department and NORMAN D. WILLIAMSON d/b/a KALEIDOSCOPE
SERVICES, ("Contractor"), a sole proprietor, who are collectively referred to as the "Parties", to
perform the installation and maintenance of the hanging flower baskets in downtown Renton
along with the flowers at Veterans Memorial Park and at Renton City Hall as described in
Attachment A. Renton and Contractor agree as set forth below.
1. Scope of Services: Contractor will provide all material and labor necessary to perform all
work described in the Proposal which is attached and fully incorporated into this
Agreement by reference as Attachment "A."
2. Changes in Scope of Services: Renton, without invalidating this Agreement, may order
changes to the Scope of Services consisting of additions, deletions or modifications, the
Agreement Sum being adjusted accordingly by Parties mutual agreement. Such changes
in the work shall be authorized by written Change Order signed by the Parties.
3. Time of Performance: Contractor shall commence performance of the Agreement no later
than ten (10) 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 December 31, 2020. 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 $82,126.00 (or,
$41,063.00 per year) 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
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.
I. 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.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of
Effective Date.
CITY OF NTON NORMAN D.WILLIAMSON d/b/a
������� KALEIDOSCOPE SERVICES, a sole
�it s proprietor
DENIS LAW, Mayor NORMAN D.WILLIAMSON,Owner
1055 South Grady Way 13005 111th Avenue NE
Renton,Washington 98057 Kirkland,WA 98034
Date Date
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Attest
Jason eth 0"""1"c""ot
City CI rk �� '
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Approved as to Legal Form :4 * SEAL _
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Shane Moloney ////''��R'�rEa sEP. 6.'``��
Renton City Attorney
Contract Template Updated 09/13/2018
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ATTACHMENT A
CITY OF RENTON
2019 - 2020 FLOWER PROGRAM
SCOPE OF WORK
The City of Renton is pleased to offer an opportunity for an experienced plant maintenance
contractor to provide services for the City's Flower Program. The program includes the
following:
• HANGING FLOWER BASKETS, located in downtown Renton. The Hanging Baskets occur
between May 15 and October 31. See details and specifications on subsequent pages.
• VETERANS MEMORIAL PARK FLOWER BED, located at 523 South 3rd Street, Renton, WA,
98057. Flowers at this location occur throughout the entire year. See details and
specifications on subsequent pages.
• CITY HALL PLANTER BOXES, located at 1055 South Grady Way, Renton, WA, 98057.
Flowers at this location occur between May 15 and October 31. See details and
specification on subsequent pages.
For additional information, contact Steve Brown, Parks Manager, at(425)430-6618.
TERM: The Agreement for Services (the contract) is for a two (2)year period beginning March
1, 2019,and continuing until December 31, 2020. The Agreement is contingent upon
available funding in any one of the budget years.
Services are provided by the Contractor according to the following descriptions:
HANGING FLOWER BASKETS:
• Install 120 hanging flower baskets including the plants, planting, maintenance, materials
and supplies. In addition, it may become necessary to either fabricate (or procure),
install and replace 120 existing supporting arm brackets as they become rusted, worn
and/or unusable. Please note that brackets are in place on most poles. Brackets will
need to be checked for condition and replaced if needed as described above.
Contractor will be required to provide all original baskets. Replacement baskets are
provided by the Contractor.
• Brackets shall be Gardman R937 brand, or approved equivalent, rated to hold a
minimum of 55 pounds.
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• Hanging baskets are to be made of durable, extremely strong 100% polyethylene plastic,
measuring an outside diameter of 15.5", an inside diameter of 13.5", and having a depth
of 7.6". Use only Hanging Planters supplied by Riverside Plastics or equivalent and
approved in advance by the City.
• Baskets shall be granite color. Each basket will be supplied and installed with three (3)
36-inch long chains assembled with "S" hooks. The bottom of the baskets will be hung
10 feet above the finished grade.
• Weight of baskets is not to exceed 50 pounds each at maturity and after watering.
Baskets shall be able to withstand a minimum weight of 55 pounds.
• The baskets will be hung on 60 light poles located on South 2nd, 3rd, and 4th Streets,
Burnett Avenue South, and Wells Avenue South in downtown Renton between North
Rainier Avenue and South Main Avenue. Please note-Pole locations are described
below but may be subject to change. Total number of baskets will remain the same.
• Plants shall be at least one-half the mature size upon hanging on poles.
• All equipment, materials and supplies are to be provided by the Contractor, including
but not limited to: all tools, equipment, and materials to hang baskets, bracket arms,
plant materials, fertilizers, potting soils, water and watering devices. The Contractor is
to submit samples of all materials and supplies to the City (Parks Manager) for approval
before use.
• The Contractor shall submit plans and the City shall approve plans for hanging flower
basket arrangements prior to growing plants for the upcoming season.
General Specifications
Spring—Summer Program: May 15 through October 31
a. Baskets to hang for 6 months.
b. Plant baskets with high-quality, trailing, colorful, shade/sun appropriate materials with
varying flower texture. Use a minimum of three different plant species. Submit a list of
plants to be used to the City (Parks Manager) prior to planting for approval.
c. Fertilize with a high-quality, water-soluble fertilizer (liquid application).
d. Apply fertilizer weekly.
e. On-going deadheading of plants to remove dead, dying, diseased or broken flower
heads, and to encourage lush,full growth and flowering. Pinch plants back sparingly to
provide unimpeded visibility to traffic signs.
f. Replace dead, dying and diseased plants.
g. Weed baskets.
h. Maintain all plant materials so they remain in excellent health and condition.
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i. Perform weekly basket audits to assess soil moisture level and plant quality.
j. Unforeseen maintenance to baskets, chains and plants due to vandalism, theft,
accidents, and other incidents will be the Contractor's responsibility. Maintenance
needs to be performed in a day or two. A reserve of at least 12 extra baskets with
flowers in the same growth stage as the original baskets should be available to replace
baskets.
k. Hand watering is required. Watering will occur on an approved schedule (discuss
schedule with Parks Manager) and on an as-needed basis dependent on weather
conditions.
Yearly Service (Once per Year)
a. Replace soil in baskets yearly.
b. Sterilize baskets before filling with soil.
c. Install baskets and chains. Remove and store baskets and chains.
d. Plants grown and installed in baskets, ready for spring hanging.
e. Crimp or secure "S" hooks on chains and/or metal support arms so others cannot
remove baskets unintentionally.
f. Remove and replace old metal support arms and hardware as they become worn, rusted
or unusable. Metal support arms must support a weight of 55 pounds or more.
VETERANS MEMORIAL PARK FLOWER BED:
• Provide and install the plants, provide the maintenance, materials and supplies for a
flower bed located at Veterans Memorial Park, 523 South 3rd Street, Renton, WA 98057.
• Contractor shall submit examples of flowers and bed design to the City (Parks
Manager)for approval prior to the next planting cycle.
• Plants used at planting shall be at least one-half the mature size upon installation.
• Add a minimum of four(4") inches of garden/flower compost and mix into the soil each
year.
• Water flowers and add fertilizer following planting. Maintenance and watering of the
bed is required.
• Provide seasonal plantings according to the following General Specifications:
General Specifications
Summer Program: May 1st through September 30th
a. Flower beds to be planted by May 1st.
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b. Plant flower beds with high quality, colorful, shade/sun appropriate materials with
varying flower texture. Use a minimum of three different plant species. Submit a list of
plants to be used to the City (Parks Manager) prior to planting for approval. Plants shall
be spring/summer annuals/perennials.
c. Fertilize with a high quality, water soluble fertilizer (liquid application) at planting.
d. Provide ongoing fertilization to keep all plants at peak flower-producing capacity and
health.
e. Water beds thoroughly at planting.
f. Bed maintenance shall include pinching flowers following planting and weekly,
thereafter, to maintain compact, heavily flowering plants and to remove old flowers
(deadheading); cleaning bed of weeds or other debris; replacing dead or damaged
flowers within a day or two; thinning overcrowded flowers as plants grow; monitoring
and maintaining optimum soil moisture conditions; cleaning other surfaces attributed to
the flower bed and adding flowers to keep the bed in City approved condition.
g. Examples of flowers include petunias, geraniums and marigolds.
h. Fall —Winter Program: October 1st through April 30th
i. Flower beds to be planted by October 1st
j. Plant flower beds with high quality, colorful, shade/sun appropriate materials with
varying flower texture. Use a minimum of three different plant species. Submit a list of
plants to be used to the City (Parks Manager) in June for approval. Plants shall be
winter hardy annuals/perennials and spring bulbs.
k. Fertilize with a high quality, water soluble fertilizer(liquid application) at planting and as
needed during the period.
I. Water beds thoroughly at planting.
m. Bed maintenance shall include pinching flowers following planting and weekly,
thereafter, to maintain compact, heavily flowering plants and to remove old flowers
(deadheading); cleaning bed of weeds or other debris; replacing dead or damaged
flowers within a day or two; thinning overcrowded flowers as plants grow; monitoring
and maintaining optimum soil moisture conditions; cleaning other surfaces attributed to
the flower bed and adding flowers to keep the bed in City approved condition.
n. January/February maintenance—Groom bed to remove weathered and dead plants.
o. Examples of flowers include kale, dusty miller, pansies, primroses and tulip bulbs.
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CITY HALL PLANTER BOXES:
a. Planter boxes to be planted by May 1st
b. Plant boxes with high quality, colorful, shade/sun appropriate materials with varying
flower texture. Use a minimum of three different plant species. Submit a list of plants
to be used to the City (Parks Manager) prior to planting for approval. Plants shall be
spring/summer annuals/perennials.
c. Fertilize with a high quality, water soluble fertilizer(liquid application) at planting.
d. Provide ongoing fertilization to keep all plants at peak flower-producing capacity and
health.
e. Water beds thoroughly at planting, and twice each week thereafter.
f. Bed maintenance shall include pinching flowers following planting and weekly,
thereafter,to maintain compact, heavily flowering plants and to remove old flowers
(deadheading); cleaning bed of weeds or other debris; replacing dead or damaged
flowers within a day or two; thinning overcrowded flowers as plants grow; monitoring
and maintaining optimum soil moisture conditions; cleaning other surfaces attributed to
the flower bed and adding flowers to keep the bed in City approved condition.
g. Examples of flowers include petunias, geraniums and marigolds.
Fall —Winter Program: October 1st through April 30th
h. Flower beds to be planted with bulbs by October 1st
i. Add a fertilizer amendment to soil before placing bulbs.
j. Place bulbs evenly throughout each box, spaced approximately 1"from each other and
2" below soil surface.
k. Water beds thoroughly at planting.
I. Bed maintenance shall include cleaning bed of weeds or other debris; pinching flowers
following flowering and weekly, thereafter, to maintain compact, heavily flowering
plants and to remove old flowers (deadheading); thinning overcrowded flowers as
plants grow; monitoring and maintaining optimum soil moisture conditions; cleaning
other surfaces attributed to the flower bed to keep the bed in City approved condition.
m. January/February maintenance—Groom bed to remove weeds and other debris.
n. Examples of flowers include daffodils and tulip bulbs.
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