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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. 0 PAGE 2 OF 6 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. PAGE 3 OF 6 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. �a PAGE 4 OF 6 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 0 PAGE 5 OF 6 Attest Jason eth 0"""1"c""ot City CI rk �� ' 2 : Approved as to Legal Form :4 * SEAL _ ...Ao,L `�O m%a"' Shane Moloney ////''��R'�rEa sEP. 6.'``�� Renton City Attorney Contract Template Updated 09/13/2018 0 PAGE 6 OF 6 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. 1 • 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. 2 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. 3 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. 4 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. 5