HomeMy WebLinkAboutContract CAG-15-215
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AGREEMENT FOR SERVICES
THIS AGREEMENT ("Agreement") is made as of the �� day of � C�c. , 2015, (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 Communitv Services
Department and Flemin�s Holidav Lightin�, ("Contractor"), who are collectively referred to as the
"Parties", to provide Holidav Li�htin� Installation 2015-2016. Renton and Contractor agree as set forth
below.The Agreement is for a period of two (2) years.
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. Chan�es 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
.AJe�mh�, 2015/2016 and shall complete the full performance of the contract no later than
l�r'% 3:OOpm on December 4, 2015/2016. For each and every calendar day of delay after the established
��� day of Completion, it is hereby stipulated and agreed that damages to the City occasioned by said
delay with be the sum of Five Hundred Dollars and No Cents ($500.00), per calendar day, as liquidated
damages (and not as a penalty)for each such day, which shall be paid by the Contractor to the City.
4. Term of A�reement: The Term of this Agreement shall be for the period from November 2015, to
December, 2016. This Agreement may be extended for additional periods of time upon mutual
written agreement of the City and the Contractor.
5. A�reement Sum: The total amount of this Agreement is the sum of $111,245.18 which includes
Washington State Sales Tax. The amount may be adjusted to a mutually agreed amount based on
changes to the Scope of Service.
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 of or invoice is submitted in a form acceptable to Renton. Initial
payment will be made within forty (40) days following the receipt of such voucher or invoice (pay
cycles occur twice monthly). Five percent (5%) of payment will be retained for 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 satisfactory manner until such time as Contractor modifies
such work so that the same is satisfactory.
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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.
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.
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
veterans or military status, or the presence of any sensory, metal or physical handicap, unless
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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. Prevailin� Wa�e 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 at: http://www.lni.wa.gov/tradesLicensin�/PrevWage/default.asp.
13. Record Keepin�and Reportin�: Contractor shall maintain accounts and records which properly reflect
all direct and indirect costs expended and services provided in the performance of this Agreement.
Contractor agrees to retain and provide access to any records required by Renton.
14. 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.
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IN WITNESS WHEREOF,the Parties execute this Agreement as of the Effective Date written above.
CITY OF RENTON ATTEST: '�
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Denis Law, Mayor Jason A. Se.�i, City Cle�cV
1055 South Grady Way
Renton, WA 98057
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FLEMING HOLIDAY LIGHTING 'f''%,,,��n -�ps�������`�
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Address:
5607 ^' 29th Ave SW
Seattle, WA 98126
206.938.7404
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City of Renton
Community Services Department
SERVICES AGREEMENT
. ATTACHMENT A
HOLIDAY LIGHTING INSTALLATION 2015-2016
Attachment C
•�Y
2015
City of Renton Holiday Lights
Project Rate Schedule (All LED)
Piaua Park:
• Separate circuit for tree—use C-7's, multi-colored, enhance(Xmas)tree as main focal point.
• Circle within center of park—7 trees
• Planting areas around the Park—decorate all shrubbery, (eight beds) possible additions.
Cost for 2015-$ �� `� •� 1 (including Washington State Sales Tax)
Cost for 2016-$l�,������ (including Washington State Sales Tax)
Total Cost for 2015/2016-a ���SO-7� (including Washington State Sales Tax)
,
Coulon Beach Park Traditional Area near Ivar's Restaurant North Picnic Shelter to North
Restroom:
• Water Walk—Use multi-colored C-7's. Space light strings alang both sides of the water walk
heading out, and on the single railing sides of the other sections. City provides the brackets and
hardware.Vendor installs them. (review adding brackets where temp rail and rope are used)
• North of Ivar's and west of walking path—light ten deciduous trees.
• North of Ivar's and east of the walking path—light twenty Sequoia trees each with eleven
vertical strands.
� North of Ivar's and east of the walking path—light the ground in front of the Sequoias with
approximately 300 ft. of C-7 stake lights,with one foot spacing.
• North of Ivars and east of the walking path—light the two deciduous trees.
• North Picnic Shefter area—light the eight deciduous trees.
• North Picnic Shetter-light the gutter lines, ridgelines and crows nests. Use C-7 Lighting in Sea-
Hawks Navy and Green.
Sea-Hawks Colors: Reference only.
• College Navy Hex Color:#002244; RGB: (0,21,50)
• Action Green Hex Color:#69BE28; RGB: (105,190,40)
. Wolf Gray Hex Color: #A5ACAF; RGB: (155,161,162)
• South of Kidd Valley Restaurant to walk way—light 25 Sequoia trees each with eleven vertical
strands.
• South of Kidd Valley Restaurant to walk way—light the ground in front of the Sequoias with
approximately 300 ft. of C-7's stake lights, with one foot spacing.
• South of Kidd Valley Restaurant to walk way—light 11 deciduous trees.
• Ivar's and Kidd Valley Restaurants, Pavilion picnic area(multi-colored LED's)and Pilothouse—
light gutter fines, ridgelines and crows nests using C-7 lighting. (not the top of the buildings).
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Rate Schedule 2015-2016.docx p. 1
F
Attachment C
• Pavilion Second Story level—light the five"guy"wires on the sides of the Pilothouse.
• Decorate 30�light poles in a candy cane theme with 7 sets of lights each from the South end to
the North end shelter.
• Water Walk shelter lighting around all gutters, ridges and crow's nest.
• Decorate 27 light poles in a candy cane theme with 7 sets of lights each from the North Picnic
Shelter to the North Restrooms.
• North Restroom Building—lighting around all visible gutters, ridges and crov�s nest.
• Decorate 25 trees in and around the North area drive through(Circle drive through).These
trees will be lighted about 10 to 12 feet from the ground up to add more festival look to that
area and offer light for those who walk and drive through the park on the north end of the park.
Cost for 2015-$ J I ,�,��-�I� (including Washington State sales tax)
Cost for 2016-$ ��, �,5�-�1� (including Washington State sales tax)
Total Cost for 2015/2016-$ �`�i 3U'�� (including Washington State sales tax)
Additive Alternate:
• North of Ivar's and east of the walking path—light twenty two(22) additional Sequoia trees
each with eleven vertical strands.
• South of Kidd Valley Restaurant to walk way—light Seventeen (17) additional Sequoia trees
each with eleven vertical strands.
• North of Ivars both sides of walkway—rope lights between ground level candy canes added to
regular rope utilized between canes???
Cost for 2015-$ �� J��o.�'� (including Washington State sales tax)
Cost for 2016-S �� ��1�- 2� (including Washington State sales tax)
Total Cost for 2015/2016-$�5, ��2-- �a (including Washington State sales tax)
Total Cost of Holiday Lights Project for 2015-$ � S ,� ZZ. 5�
Total Cost of Holiday Lights Project for 2016 -$ SS. (�`Z-Z - 5�1
,
Total Cost of Holiday Lights Project for 2015 � 2016 -$ �� � , Zy� � ��j
H:1Faalities\Facilities Manage�Gontract Docs\Hofiday Lights\Holiday Lights 2015 20161Holiday Lights Attachmerrt C Project
Rate Schedule 2015-2016.doqc p, 2