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. CAG-17-020 !
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COfVTRACT AGREEMEI�T
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THIS AGREEMENT("Agreement") is made as of the�day of �r�a.v s 2017; (the"Effective
Date"� by�and between the City of Renton, a non-charter code city �under. RCW 35A, and a- . _�
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municipal corporation under the laws of the State of Washington_ ("Renton"), through. its
Community Services Departrroent and,Ness;+Carnabeil.Cran� &:Ri��in�. ("Contractor"), who:are
collectively referred to as tlie "Parties", to Re`-:tar�np Dciving=Range at Ntapiewood'-.Go1f Cqurse;
ao��a n�a��e.va�iey wi;�hway;Rentvrr,UUA 98U5�:; Renton and Cont'
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ractar agree as set forth below.
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`1. Scope of Services: Cont"ractor will.provide all material and fabor necessary to perform all - .
work described in the Proposal which is attaehed a�d. ful{y incorporated' into this
Agreement by reference as Attachment"A" _
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_ 2. :Ckan�es:in Scope of Services: Renton, withaut invalidating this Agreement; may order
changes to the:Scope of:Services eonsisting of additions, deletions or modifications, the
Agreement Sum being adjusted accordingly by Parties mutual agreement. Such changes:
in the work shall be authocized by written'Change°Order signed:by the Parties.
3. Time of Performance: Contractor sh'all commence performance of the Agreement no later
than tfi:irty, (3Uj calendar days after the Agreement's Effective Date,.
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4. Term of Asreement:The Term of this Agreement shall end at completion of the:Scope of
Services. This Agreement may be extended to accomplish change orders,if required,upon
mutual wri�ten agreement of Rentan a�d Gontractor.
5. A�reertterat Sum: The total amount of this Agreement is the sum of�` 4 78Q:7'7 ;which
includes Washington State Sales Tax. This amount may be adjusfed to a mutually agreed
amount based on:changes:fo:the Scope of Services.
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'"' 6. Consideration:;In exchange for Contractor's performance of the items and responsibilities
idenfified in the Scope of Services, Renton agre�es to make .payment,of the amounfi
identified as the Agre;ement Sum.:
7. Method of Pavment: Payment by:Renton for the Services will only be made aftec`the
Senrices have been performed and a doucher Qr invoice is submitted in a foem acceptable
to Renton. Payment of the initial 95%will be made irr_the next pay cycle of the Rentan
Finance De artment after recei t of such voucher_or invoice a c cles are bi�we.ekl
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The remaining 5% will be retained for-the purpose of completion of the, project-and
ful�llment of claims and liens. Rentan shall have #he righti to withhold payment to
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Contractor .for:any work not completed _in a satisfactory manner until such `#ime as
Contractor modifies such work so that tiie same is satisfactory.
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�. Hold Marmless: Contraetor 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 sarrie, including but not limited fo reasonable
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attorney5'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 negiigent act or omission,
except for those acts caused b,y or resulfing from a:negligent:act or omission by':Renton
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and its officers, agents, employees and volunteers.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
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4.24.115, (Validity of agreement to:ind'emnify:against liability for:negligence relative:io
construction,alteration,improvement, etc:, of structure or improvement attached to real
- estate,..) then; inthe eyent of liability for damagesarising out of bodily injury to persons
or.:damages:to:property caused;by-or resulting fcom the concurrent negligence of the `
contractor and Renton, its officers, officials, employees .and volunteers, Contractor's
liability:shell be only to the extent of Contractor's negligence.
_ It is further speci�cally and expressly understood that the indemnification provided in this
Agreement constitute Contractor's:waiver of immunity under the Industrial Insurance Act,
RCV11 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
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_. $1;000,000 for each occurrence/$2,OOO,Q00 aggregate forthe Term of.this Agreemenf.
b. Workers' compensation coverage, as�required:by the Industrial`Insurance
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� laws of the;State of Washington; shall al§o be secured: ,
c. It is agreed thaf on,Contractor's commerciaF general (iability policy,the City
of Renton:will be named as,an Additional Insured on a non-contributory primary basis. ,
Renton's insurance:policles:shall not be a source for payment of any ContracCor liability:
d. Subject to Rentan's review and acceptance, a certificate of insurance
showing the proper endorsements,5hall be delivered to Renton before executing the work.
of this Agreement. _
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e. Contractor shall provide Renton with wri#ten notice of any policy
cancellation, within two(2�busine5s days of their receipt of such:notice.
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10. Discrimination Prohibited: Except to the.extent permitted by a bona fide occupational
qualificatian;the Contractor agrees as follows:
a. Contractor, and Contractor's agents; employees, representatives; and
volunteers with regard to the services performed or to 6e performed under this
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Agreement, shall not discriminate on the basis of race; color, sex, religion, nationality,
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creed; marita{ status, sexual orientation or:preference, age (except minimum age and
retirement:provisions),_honorably discharged veteran or military status, or the presence
of any sensory, mentat or physical handicap, unless based upon a bona-fide occupatianaF
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.
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b. The°Contracfor will take affirmaf'ive action to insure that applicants are
employed and that employees are treated tluring employmenf with,out'regard to their
race,.creed;color,national origin;sex,age,sexuai.orientation, physical,sensory or mental
handicaps,or:marital status. Such action shalf include; but not;be limited to the following:
employment, upgrading, demotion or transfer, recruitrr�ent or recruitmenc advertising;
layoff or termination, rates of pay<or other forms of compensation and selection for
training.
c. If Contractor faiis to comply with any of this Agreement's non- _
discriminatian provisions, Renton shall. have the. right, at its option, to cancel the
- Agreement in whole or.in part. -
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d. Contractor is respohsible 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 ihis Agreerrient,:shall be considered employees of the:
Confractor and'noi employees,.agents, representatives of Renton and as a result,shall nat`
be entitled to any.coverage:or benefits from the City of Renton. Cont�actor's relation:to
Renton shall be. at. all times as an independent confractor. Any and all Workman's
- Compensation Act claims on behalf of Contraetor employees,and any and all claims made
. by a fhird-party as a consequence of any negligent act or omission on fhe part of
Contractor's employees, while engaged in services provided to be rendered under this
. Agreement; shall be the solely Contractor`s obliga#ion and responsibility.
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12. Prevailin�Wa�e_Rates: Contractor must comp{y with the State of Washington prevalNng
wage requirements. Contractor must file an Intenr To Pay Prevailing°:Woge at the
Lieginning of the p�oject and an Affidav�t of Wages Paid at the end'of the project with the
Washington `State Department of Labor and Industries,
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,;http:!/v�iVvw:lrif:wa.�ov/'�xadesLicensin�lPrevlAla�e/defau lt.as�:
13. Record KeepinQ and:Reportin�: Contractor shall maintain accounts and records, which .
properly. reflect all direct and indir.ect costs expended and Services provided in the
performance of this Agreement. The Cohtractor agrees to provide access to and copies of
any records related to this Agreement as requ3red by th:e:Gity to audit.expenditures.and :
charges and/or to'comply`with the Washington State Public Records Act(Chapter 42:56
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RCW):
14. Public Records Compliance. To;the full exfent the:City determines necessaryto comply
uvith the WashingLon State_P.ublic Records Act,.Gontractor 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 protluction. In the event Contractor belieyes said records need to be protected
from disclosure, it shall,at Cont�actor's own expense; seek judicial protection. Contractor
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shall indemnify,defend,and hold harmless the City for ali costs,including attorneys'fees,
attendant to any claim or litigation' related-to a Public Records Act request for which
- Contractor has responsive cecords and for-which Contractor has: withheld records or
information contained therein, or not provided them to the City in a timefy manner.
Contractor shail produce for distribution any and all records responsive to the Pubiic
Records Act request'in a timely manner,unless thvse records`are protected by cou,rt order.
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15: Other Prgvisions:
a. Administration and Notices. Each individual executing_this:Agreement on
behaff of Renton;and Cor�tractor represents:and'warrants that such individuals are duly
authorized to execute and deliverthisAgreement on behaif of Renton or Contractor. Any
natices required to be given by;the Parties shall be delivered at the ac7dresses set forth
below. Any notices may be delivered personally to the addressee of the-notice or may be
deposited in fhe 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 Agceement.shall be administered by and any notices
should be sent to the und'ersigned 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 AgreemenC'without the City of Renton's prior expres5 written consent.
d. Compl[ance:vuith laws. Contractor and all of the Contractor's employees
shaN perform the services in accocdance with all applicable federal,state, eounty and city
lawrs,codes and ordinances.:A copy ofthis langu:age must be made:a part of any contractor
or subcontracto�agreement.
e. Conflicts. In the event of any inconsistencies between contractor proposals:
and this contract,the xerms of this contract shall preuail.
f. Governing law. This Agreementshall be.made in and she(I be governed by
and interpreted in accordance with the laws of#he_State of Washington.
g. Joint Drafting Effort. Thfs Agreement shall be considered for all purposes
as prepared by the joint efforts ofthe Rarties 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. JurisdicEion and Venue: Any lawsuit;or legal action brought by anypartyto :.
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 Vi/ashington at the Ma.leng Regional Justice
Center in Kent, King County,:Washington,or its:replacement or success�r.
i. Severability: A court of competent jurisdiction's determination that any
provision or part of this Agreement"is illegel or unenforceable shall not:cancel or invalidate
_ the cemainder of this Agreement;:which shall remain in full force and effect.
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j. Sole and Entire A�reement: This Agreemene contains the en4ire agreement
of the Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
k. Third-Party �eneficiaries. iVothing in this Agreement is intended to, nor
shall be construed to give any rights or benefits in the R,greement 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. 1Naivers. 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 waiv�r and
sha11 not pP-event either Renton or Contractor from enforcing that provision or any other
provision of this Agreement in the #uture. 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.
IR! l�9iT�lESS WFiEREOF, :the Parties have voluntarily entered into this Agreement as of
Ef�ective Date:
CITY 0F RENTOiV NESS CAMPBELL CRA & RIGGI�VG
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K Ily Bey r Step en C. Brazier
Community Services Administrator Managing Director.
1055 Sauth Grady Way
Renton,Washington 98057
�f �l� 2/6J2017
ate Date ,
"AttachmentA"
Sco�e of Services
This project involves removal/disposal of old,and replacement with thirty(30) new metal halide bulbs in
the driving range.at the Maplewood Golf Course. The vendor/contractor will supp�y the crane, new
bulbs and labor to perform the replacement of these bulbs,a process.esYimated to.take one(1)day.
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Quote Number: 26396 Quoted out of: Kent
Date of Quotation: 1/31/2017 Gontact: Kilcup, Russ
Phone Number: (206)794-3189
� E-M.ail: r.kilcup@nesscampbell.com
Customer: City of Renton Quoted To: Doug Mills
Address: 1055 S. Grady Way Work Phone:
Renton,WA 98057-3232 E-Mail:
Jobsite Name:: Maplewood Golf Course Start Date:
Jobsite Address: 4050 Maple Valley Hwy End Date:
Renton,WA 98058 Quotation Status: Pending
Work to be pertormed: R&R Lights at the Driving Range
Lift Information:
Size:33 Ctwt: Boom:100 Jib: x Offset: x
Set Back:20 Up: 85 In:10 Weight: 2000 � Radius: 30
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Equipment Required: 33 ton b/t-manbasket
�Description Est.Qty Rate Est.Amt
33 Ton General Crane Work 8:00 Hours $177:00 $1,416.00 .
based on 8 hrs @ s/t
Rigger 1.00 Lump Sum $2,950.00 $2,950.00
hauling for manbasket, Remove old bulbs and replace with new, recycle old bulbs
Sales Tax 1.00 Each $414.77 $414.77
Wa St sales Tax
Quote Estimate: $4,780.77
Comments:
***Issuance of a purchase order acknowledges acceptance of this quotation
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