HomeMy WebLinkAboutContract 08/20/2011 19:50 2085331983 ATHLETE FOUNDATIONS PAGE 01
CAG-11-166
EFormatted
City of Renton Community Services Department
2011 LIBERTY PARK DONATION
CONTRACT AGREEMENT
THIS AGREEMENT is made as of the—11>---day of [/ OS 2011, between
the CITY OF RENTON, a noncharter code city under RCW 35A.03, and a municipal
corporation of the State of Washington, hereinafter referred to as "Renton," and the
Jamal Crawford Foundation. hereinafter referred to as "Foundation."
WHEREAS Renton provides recreational facilities throughout the city including free
public basketball courts at Liberty Park: and
WHEREAS the Foundation is committed to providing youth the resources to become
well-rounded and successful adults: and
WHEREAS Renton has accepted the offer of the award-winning Foundation to renovate
the basketball courts at Liberty Park for the benefit of the City, its residents and guests,
and children in particular;
NOW, THEREFORE, in consideration of the mutual benefits and covenants herein
referred to, it is hereby agreed by and between the parties as follows:
Renton shall provide the land/basketball courts and the Foundation shall resurface the
basketball courts and replace the basketball goals at Liberty Park (1101 Bronson Way
North (between Bronson Way North and Houser Way Northeast), Renton, Washington,
98055).
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City of Renton
Liberty Park Contract Agreement
Renton and Foundation agree as set forth below:
1. Scope of Services_ Bleachers, concrete pads, site restoration work, basketball
poles, backboards, rims and padding, irrigation relocation and court surfacing,
More specifically,the Foundation agrees, at a minimum, to:
a. Bleachers: Procure and install non-elevated aluminum angle frame, National
Recreation System model#NB-0515ASTD, 5 Rows high x 15 feet long.
b. Concrete pads: Install two (2) pads with crushed rock and rebar as well as
related and/or necessary excavation, base material and site preparation.
Concrete pads shall be dimensioned so that when in use there is sufficient leg
room between the bottom bench and the existing concrete walk, preventing
encroachment into the walk area.
c.Site restoration work: Procure and install new topsoil and non-netted sod to
repair areas damaged by construction. Re-locate and/or install new irrigation
heads as required to provide full coverage of turf areas.
d. Basketball poles/baekboards and rims: Prepare and install (4) four 6-inch
square fixed poles and pole pads, with clear "W' thick tempered glass
backboards, pro-style flex rims and hardware and mounting systems—Goalrilla
DC72..
e, Surface existing full court and 2 half courts: Prepare, surface, and stripe or
mark the basketball courts utilizing the Plexipave Acrolotex System. Court
surface color will be "Australian Open True Blue" and the keys and out of
bounds areas will be "California Red." Court markings will be white with the
exception of the logo(s). The court logo(s)will be designed and installed by the
donor and approved by Renton.
f.Construction Fencing; Temporary six feet high chain link construction fencing
will be installed to secure the area while under construction. Fencing will
enclose the existing court(s) and proposed bleacher area.
g. Bronze Plaque: A bronze plaque will be procured and installed by the donor.
Plaque size and location to be approved by the City.
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City of Renton
Liberty Park Contract Agreement
Maintenance.
The Foundation agrees to and commits to be responsible for 10 years of
maintenance costs for normal wear and tear for each of the basketball courts. This
includes backboard replacement at five (5) years and surface cleaning and re-
surfacing utilizing the Plexipave Acrylotex system as required, including the logos.
The replacement items and maintenance levels must conform or exceed the
standard provided for above.
2. Channes in Scone of Services. Any changes in the work must be authorized by a
written Change Order signed by Renton and the Foundation.
3. Time of Performance_ The Foundation shall commence performance of the
Contract no later than 12:00 p.m_, August 29, 2011, and shall complete the full
performance of the contract no later than 12:00 p.m., October 15, 2011.
4. Term of Contract. The Term of this Contract shall be for the period from August 29,
2011, to October 15. 2011, This Contract may be extended for additional periods of
time upon written agreement of the City and the Foundation. The maintenance
requirement will extend ten (10)years from the date that the work is completed.
5. Contract Consideration. The valuable consideration in this contract includes but is
not limited to Renton providing the land, basketball courts, and access to the same
including water and power, and the Foundation providing the services stated in
Section 1 of this Agreement. Renton shall retain ownership of the underlying land.
6, Design and Construction. The Foundation will be the Lead Agency in the design,
construction, renovation. and installation for each basketball court, backboard,
backboard post, and related items. The Foundation will be the contact point for
vendors, contractors and other entities and shall have authority to enter into the
necessary agreements to satisfy Section 1 of this Agreement. Renton retains an
approval right for the design of the logo and for any changes to the agreed standard
of materials. The Foundation shall execute, hold and administer all contracts and
agreements necessary to execute the project design, construction, renovation and
installation.
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City of Renton
Liberty Park Contract Agreement
7. Record Keeping and Repprting. The Foundation shall maintain accounts and
records which properly reflect all direct and indirect costs expended and services
provided in the performance of this Agreement. The Foundation agrees to provide
access to any records required by Renton for five(5) Years. At the conclusion of the
project.the Foundation agrees to provide to the City a Bill of Sale for the donation.
8. Warranty. The Foundation shall be under the duty to remedy any defects in the
work and pay for any damage to other work resulting there from, which shall appear
within the period of twenty-eight (28) days from the date of final acceptance of the
work, unless a longer period is specified.
9, Independent Contractor. The Foundation and Renton agree that the Foundation is
an independent contractor with respect to the services provided under this
Agreement. Nothing in this Agreement shall be considered to create, and it is not the
intent of the Parties to create, the relationship of employer and employee between
the parties hereto. Neither the Foundation nor any employee of the Foundation shall
be entitled to any benefits accorded Renton employees by virtue of the services
provided under this agreement, The Foundation shall be responsible for paying all
applicable taxes including income and business taxes.
10. Hold Harmless. The Foundation shall fully indemnify, defend and hold harmless
Renton, its elected officials, officers, agents, employees and volunteers, from and
against any and all claims, losses of liability, or any portion thereof, including all
attorneys' fees and costs, arising from property damage or from injury or death to
persons including injuries. sickness, disease or death to Foundation's own
employees, or damage to property occasioned by a negligent act, omission or failure
of Foundation, The Foundation waives any immunity that may be granted to it under
the Washington State Industrial Insurance Act, Title 51 RCW, which waiver has been
mutually negotiated.
11. Dispute Resolution. Any dispute or disagreement arising between the Parties in
connection with this Agreement shall first be attempted to be settled by the
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City of Renton
Liberty Park Contract Agreement
authorized representatives of each Party. The representative for Renton is the
Recreation Director or the Director's designee. The authorized representative for the
Foundation is David Walker, (Insert title). Unresolved disputes can be submitted to
the Community Services Administrator whose decision shall be final.
12, General Provisions.
a. Entire Acreement. This Agreement contains all of the agreements of the
Parties with respect to any matter covered or mentioned in this
Agreement and no prior agreements shall be effective for any purpose.
b. Modification. No provision of this Agreement may be amended or
modified except by written agreement signed by the Parties.
c. Full Force and Effect. Any provision of this Agreement which is declared
invalid or illegal shall in no way affect or invalidate any other provision
hereof and such other provisions shall remain in full force and effect,
d, Assignment. Neither the Foundation nor Renton shall have the right to
transfer or assign, in whole or in part, any or all of its obligations and
rights hereunder without the prior written consent of the other Party.
e. Successors in Interest. Subject to the foregoing subsection, the rights
and obligations of the Parties shall inure to the benefit and may be
binding upon their respective successors in interest, heirs, and assigns.
f. No Waiver. Failure or delay of Renton to declare any breach or default
immediately upon occurrence shall not waive such breach or default,
Failure of Renton to declare one breach or default does not act as a
waiver of Renton's right to declare another breach or default.
g. 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.
h. Authority, Each individual executing this Agreement on behalf of Renton
and the Foundation represents and warrants that such individuals are
duly authorized to execute and deliver this Agreement on behalf of the
Foundation or the City of Renton.
i. Notices. 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)days after the date of mailing. Written notice sent to Renton should be
addressed as follows:
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City of Renton
Liberty Park Contract Agreement
Leslie Betlach, Director
City Of Renton
Parks Planning/Natural Resources
1055 South Grady Way, 6"'Floor
Renton, WA 98057
Written notice to the Foundation shall be sent to the address in the
Foundation signature block on the last page of this Agreement.
j. Captions. The respective captions of the Sections of this Agreement are
inserted for convenience of reference only and shall not be deemed to
modify or otherwise affect any of the provisions of this Agreement.
k. Performance. Time is of the essence of this Agreement and each and all
of its provisions in which performance is a factor. Adherence to
completion dates set forth in the description of the Services is essential to
the Foundation's performance of this Agreement.
I. Remedies Cumulative. Any remedies provided for under the terms of this
Agreement are not intended to be exclusive, but shall be cumulative with
all other remedies available to Renton at law, in equity. or by statues.
m. Counterparts. This Agreement may be executed in any number of
counterparts, which counterparts shall collectively constitute the entire
Agreement.
n. Attorney Fees. In the event either of the Parties defaults on the
performance of any terms of this Agreement or either Party places the
enforcement of this Agreement in the hands of an attorney, or files a
lawsuit, each Party shall pay all its own attorneys' fees, costs and
expenses.
o. Venue, The venue for any dispute related to this Agreement shall be
King County,Washington,
P. Severability. If any portion of this Agreement is found to be invalid or
illegal, shall in no way affect or invalidate any other provision hereof and such
other provisions shall remain in full force and effect.
q. Third-Party rights. Nothing in this agreement is intended to convey or
bestow any rights of action or standing to any third-parties.
13,Termination. Prior to the expiration of the Term, this Agreement may be terminated
without cause by either Party. Renton may cancel this Agreement upon thirty (30)
days written notice to the Foundation. The Foundation may cancel this Agreement
only upon thirty(30)days prior written notice to the Renton.
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City of Renton
Liberty Park Contract Agreement
14.Insurance. The Foundation shall secure and maintain in force throughout the
duration of this Contract commercial general liability insurance. A Certificate of
Insurance evidencing the Foundation's insurance coverage shall be delivered to
Renton before executing the Work of this Agreement. City of Renton insurance
requirements are listed. The Parties agree that Renton's insurance policies shall not
be subject to any claims related to the project, the Foundation, the Foundation's
employees or the Foundation's contractors or sub-contractors.
A_ Minimum Scope of Insurance
The Foundation shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired
and leased vehicles_ Coverage shall be written on Insurance Services
Office (ISO) form CA 00 01 or a substitute form providing equivalent
liability coverage. If necessary, the policy shall be endorsed to provide
contractual liability coverage,
2, Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, stop gap liability, independent contractors,
products-completed operations, personal injury and advertising injury,
and liability assumed under an insured contract. The Commercial
General Liability insurance shall be endorsed to provide the
Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There
shall be no endorsement or modification of the Commercial General
Liability insurance for liability arising from explosion, collapse or
underground property damage. Renton shall be named as an insured
under the Foundation's Commercial General Liability insurance policy
with respect to the work performed for Renton using ISO Additional
Insured endorsement.
3. Workers' Compensation coverage and, if applicable, employer's
liability insurance in sufficient amounts as required by the Industrial
Insurance laws of the State of Washington.
4, Builders Risk insurance covering interests of Renton, the Foundation
Subcontractors, and Sub-subcontractors in the work. Builders Risk
insurance shall be on a all-risk policy form and shall insure against the
perils of fire and extended coverage and physical loss or damage
including flood and earthquake, theft, vandalism, malicious mischief,
collapse, temporary buildings and debris removal. This Builders Risk
insurance covering the work will have a deductible of no more than
$5,000 for each occurrence, which will be the responsibility of the
Foundation. Higher deductibles for flood and earthquake perils may
be accepted by Renton upon written request by the Foundation and
written acceptance by Renton. Any increased deductibles accepted by
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City of Renton
Liberty Park Contract Agreement
Renton will remain the responsibility of the Foundation. The Builders
Risk insurance shall be maintained until final acceptance of the work
by Renton.
B. Minimum Amounts of Insurance
The Foundation shall maintain the following insurance limits:
1 Automobile Liability insurance with a minimum combined single
it for bodily injury and property damage of $1.000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate, and a $2,000,000 products-completed operations
aggregate limit.
3 Builders Risk insurance shall be written in the amount of the
completed value of the project with no coinsurance provisions.
C_ Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the
following provisions for Automobile Liability, Commercial General
Liability and Builders Risk insurance:
1. The Foundation's insurance coverage shall be primary insurance as
respect Renton. Any insurance, self-insurance, or insurance pool
coverage maintained by Renton shall be excess of the Foundation's
insurance and shall not contribute with it.
2. The Foundation's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to Renton.
0_ The Foundation's Insurance for Other Losses
The Foundation shall assume full responsibility for all loss or damage
from any cause whatsoever to any tools, Foundation's employee owned
tools, machinery, equipment, or motor vehicles owned or rented by
Foundation, or Foundation's agents, suppliers or contractors as well as to
any temporary structures, scaffolding and protective fences.
E. Waiver of Subrogation
The Foundation waives all rights against the City of Renton, any of their
Subcontractors, Sub-subcontractors, agents and employees. each of the
other, for damages caused by fire or other perils to the extent covered by
Builders Risk insurance or other property insurance obtained pursuant to
the Insurance Requirements Section of this Contract or other property
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of Renton
Liberty Perk ContrNeAgreement
insurance applicable to the work. The policies shall provide such waivers
by endorsement or otherwise,
F.Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of
not less than A: VI I.
G.Verification of Coverage
The Foundation shall furnish Renton with original certificates and a copy
of the amendatory endorsements, including but not necessarily limited to
the additional insured endorsement, evidencing the Automobile Liability
and Commercial General Liability insurance of the Foundation before
commencement of the work. Before any exposure to loss may occur, the
Foundation shall file with Renton a copy of the Builders Risk insurance
policy that includes all applicable conditions, exclusions, definitions, terms
and endorsements related to this project.
H_ Subcontractors
The Foundation shall ensure that each subcontractor of every tier obtain
at a minimum the same insurance coverage and limits as stated herein
for the Foundation (with the exception of Builders Risk insurance).The
Foundation shall provide evidence of such insurance to the City,
15. Subcontracts and Purchases
Subcontract Defined. "Subcontract"shall mean any agreement between the
Foundation and a subcontractor or between subcontractors that is based on
this Agreement, provided that the term"subcontract"does not include the
purchase of support services not related to the subject matter of this
Agreement, or supplies.
Writing Required: Any work or services assigned or subcontracted hereunder
shall be in writing. The Foundation agrees that it is as fully responsible to
Renton for the acts and omissions of its subcontractors and their employees
and agents, as it is for the acts and omissions of its own employees and
agents.
16. Compliance with Laws. The Foundation and all of the Foundation's employees,
contractors, and subcontractors shall perform the services in accordance with all
applicable federal, state, county and city laws, rules, regulations,and ordinances.
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City of Renton
Liberty Park Contract Agreement
17. City of Renton Business License. The Foundation shall ensure contractors and
sub-contractors under contract to the Foundation and performing work as outlined in
this Agreement purchase a City of Renton Business License and maintain the
license in full force and effect throughout the work of the project. The License may
be purchased from the City Cleric located in the City of Renton Municipal Building,
1055 S. Grady Way, Renton,WA.
This Agreement is entered into as of the day and year written above.
FOUNDATION CITY OF RENTON
ALSignature Signatu
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Printed Name and Title t Printed Name and Title AM / Dom.,
Business Name
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Mailing Address
City State zip
Telephone
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