HomeMy WebLinkAboutContract AG-17-044
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CONTRACT AGREEMENT
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THIS AGREEMENT ("Agreerrient")_is made as of the _�day of Jat�a�y, Z017, (the."Effective
Date") by and between the City of Renton, a non-cliarter code city unde,r .RCW 35A, and:a
municipal..corporation under..the laws of the. State of Washington ("Renton"), thr.ough. its
Community Services Department and KALEIDOSCOPE SERVICES; ("Contractor"), who: are
collectively referred :to as the "Parties"; to plant and maintain the hanging flower baskets
tl�roughout downtown.Renton as described in Attachment:A or at the directiori.of the Parks.... : . .
Maintenance.Manager. 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. Chan�es in Scope of Services: Renton, witliout invalidating.this Agreement;:may order
changes to the.Scope of Services consisting of additions, deletions or modifications; the
Agreement Sum:being adjusted aecordingly by Parties mutual agreement. Such changes
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- in the work shall be authorized by written Change Order signed:by:the Parties.
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3.: Time of:Performance: Contractor shall commence performance of the Agreement no
later than:.ten (.10) calendar: days after the Agreement's Effective. Date, and shall .. :: .
complete the full perfiormance of the Agreement not later than December 31, 2018,
� provided�undin is available in an :of the two ears. ..
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4. Term of A�reement: The Term of this Agreement shall end at completion of the Scope of
Services. This Agreement may be extende.d to accomplish change orders, if required,
upon mutual w�itten agreement of Renton and Gont.ractor.
5. A�reement Sum: .The to.tal amount:of this Agreement is.the:sum of $64,079.40 or
$32,039.70.per Vear which includes.Washington State.Sales Tax. This amount may be ..
adjusted.ta a mutually agreed amount based on changes to the Scope of Services.
6. Consideration: In. exehange for . Contractor's perFormance of the .items and
: responsibilities identified in:the Seope of Services; Renton agrees.�o make payment of
the amount.identified as the Agreement Sum.
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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. Paymerit of the initial 95% will be made in the: next pay cycle of
. the,Renton Finarice, Department after receipt.of suchi voucher or, irivoice (pay cycles.are
bi-weeRly). The remaining 5% will be retairied for the purpose of completion of the
project and fulfillment of claims and Iiens. Renton:.shall liaVe 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 shalf indemnify, defend. and hold harmless Renton, its. .
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elected.officials;officers,agents, employees and volunteers,.f.rom 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 injur:ies, sickness, disease or death o.f .Contractor's own . .: .
emplo.yees, agents and. volunteers, or..damage to property .caused by Gontractor'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 ageinst 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:inj:ury to
persons or damages to property caused by or resulting from the concurrent neg igence
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 tliat the indemnification provided in. . : ,
this Agreement constitute Confractor'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.sliall secure and maintain:
a: Commercial. general liability. insurance in the minimum amounts of -
$1;000;000 for eac;h occurrence/$2,000,000,aggregate for,th.e Term of this Agreement.
b. Professional liability:insurance, in the minimum amount of $1,000,000 for
each occurrence, shall also be seciired for any professional services being provided to
Renton that are excluded in the comrriercial general liability insurance.
c. . Workers' compensation coverage,. as required by the.Industrial Insurance .
laws of the State.of Washington, shall also be se.cured. .
d. It is.agreed. that on Contractor's commercial general liabi ity.policy; the
Cit.y:of Renton will 6e named as an Additional Insured o.n a .non-contributory.primary
GITY OF RENTON/2017-2018 FLOWER_BASKET PROGRAM
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basis.:. Renton's insurance policies shall not be a s�urce for payment of any Contractor
- liability.
e.: Subject to Renton's .review and: acceptance, a certificate: of insurance ;;
showi,ng the proper endorserrients, shall„be delivered to.Re,nton before_executing the
work o: this Agreement:
Contractor shall proyide Renton with wriften notice...of any policy
cancellation, w.ithin two (2) business days of their receipt of such notice. :: :
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� 10. .. Discrimination Prohibited: Except.to the extent.p.ermitted 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, sliall not discriminate: on the basis of.race, color, sex, relig[on, nationality,.: . : :
creed; marital status, sexual orientation or: preference, age (except minimu.m age and
retirement pr.ovisions), fionorably_discharged veteran.or. military status, or.the presence
of any sensory; mental or physical handicap, unless based upon a bona fide occupational
ualification in relationslii to hirin and em lo ment, in:em lo ment or a lication.for
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employment, the administration of tlie delivery of services or:any other benefits under
this Agreement, or procurement of.materials or suppCi.es:
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 qrientation, pFijrsical, sensory vr
mental handicaps, or.marital status. Such action shall include, bu.t not be limited.to tlie
_ followi:ng employment, :upgrading, demotion or transfer, recruitment or recruitment
:
ativerfising, layoff or termination; rates of pay or other forms of compensation and „
selection for training.
c. If Contractor fails to com k with an of this A reement`s non-
� discr'imination provisions; Ren.ton. 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 w.ith. all
federal, state and Iocal laws and regulations that may affect.the satisfactory campletion
of the project,. which includes but is not limited to fair labor laws and worke�'s.
compensation.
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11: Independent Contractor: Coritractor's employees, while engaged in tlie: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
Co.mpensation Act.claims:on behalf of Contrector employees; and any and all claims
made by a third-perty as a consequence of any negligent act or omission on the part of .
CITY OF RENTON/2017-2018 FLOWER BASKET PROGRAM
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Contractor's employees,.while engaged in services provided to .be rendered under this
A reement, shall be the solel Contractor's obli ation and res onsibilit .
b.. .. . . Y b p.. . Y
12: . . Prevaili��.Wage Rates: Contractor.must comply witli:tlie State of Washington prevailing.. . . . .
wage..requirements. Contractor must file an Intent To Fay Prevailing VlTage at. the
be innin of the ro ect and an A idavit o Wa es Paid.at the end of the. ro ect with the
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Washington State Department of Labor and :: : Industries,
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http://www.Ini.wa:�ovlTr�desLicensing/PrevWa�e/default.asp:
13: : Record Keepin�.and Reportin�:. Contractor shall maintain accounts and records, whieh
properly reflect all. direct and indirect .costs expended and. Services provide.d.in the
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perforriiance of this Agr:eement. The Contr:actor agrees to provide access to and copies
of any records related to this Agreement es 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 d.iligent
search of all records:: .in its possession, including, but not limited ta, e-mail,
correspondence,:_notes, saved felephone messages, recordings, photos, or:drawings antl : _
proyide them:to the City for pr.oduction,. In the event Contractor believes said,reco.rds
need.to be protected.from disclosure,:it shall, at Contractor's own expense, seek judicial
protection. Contractor shall.indemnify, defend, and hold harrriless.the City for all costs,
including attorneys' fees, attendant.to any claim or litigation related to a Public Records
Act request for wh'ich Gontractor has:resportsive records:and:for which Con:tractor.has
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withheld records or information.co.ntained therein,.or.not provrded them to the City in a ...
timely menner. Contractor shall produce for distribution any and all :records responsive
to the Public Records Act request in a:timely manner, unless those records are pro#ected
bjr court order.
15: Other Provisions:
a. Administration and Notices...Each individual executing this Agreement on
behalf of Renton and Contractor represents and war.rants that such individuals are duly
: authorized to:execute and cleliver this Agreement on:behalf of Renton or Contractor.
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. An:y:notices requir.ed ta be given by the Parties shall be delivered at the adclresses set
for.th 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 fihe 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 intlividuals or their designees:
b. Amendment and Modification. This Agreement may be amended.only by
an insti-ument in writing�d:uly executed by both Parties.
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c. Assignment and Subcontract.: Contractor,shall not assign or subcontract
any :portion of this Agreement without the City of Renton's: prior express w.ritten
consent.
d. Compliance with Lawis. Contractor. and all of the. Contractor's employees_
. shall:perform the seryices.in accordance with.all applicable fede:r.al, state, cou:nty and city
laviis, codes and ordinances: A copy of this language must be made.:a parf of any
contractor or subcontractor agreement.
e. Conflicts. In the event. of :any inconsistencies between :contractor
� proposals.and this contraet,the.terms of this contract shall prevail.
f.. Governing Lauv.: 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 cons.idered for all:purposes
as prepared by the joint efforts of the Parties and s:hall not be constru_ed against one.
party or the other as a.result of the preparation, substitution,.submission or other event
of negotiation, dra.fting 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 coveriants shall be brought:
in.tlie King County S.uperior Court for the State of Washington..at the Maleng.Regional
Jastice 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 il.legal or unenforceable shall not cancel or
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invalidate.the remainder of this.Agreement;which shal.l remain in full force and effecf.
j._ Sole and Entire Agreement. . This: Agreement conta.ins the enti:re:
agreement of the Parties,and any representations or understandings� whether or.al or
written, not incorporated are excluded.
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Third-Part Beneficiaries. Nothin in this A reement is.intended to, nor .. :
k:: Y b.�. : ' g
� shall be construed to.give any rights or benefits in the Agr.eement to anyone other.than
the Parties, and all duties and responsibilities undertaken pursuant to this Agreement
will be for the sole and exdusive benefit of the Parties and no one e.lse:
I. Waivers. All waivers shall be in writing.and signed by the .waiving party.:.
Either.party's failu�e to enforce any provisian of this Agreement.s.hall not be a:waiver.and
shall not prevent either Renton or.Contractor from enforcing tFiat 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 o any prior or su. sequent r.eac. un ess
� if is expressly waived in writing.
CITY OF RENTON/2017-2018 FLOWER,BASKET PROGRAM
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Mar 1217 01:14 PM Cindy and Norm Wiliiamson 425-823-0B05 p,01
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IN WI'TIVE55 WHEFtEOF, the Parties have valuntarily entered into this Agr�ement as of
Effec'tiv� Date. �
CtTY�F RENT4N KALEIDDSCOpE SERVICES
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. DENlS LAW, M�y�r CINDY WIl.LI MSQN, Owr��r �
Rentan Clty H�11 13005 �,�.�.th Avenue N�
1455 South Grady Way Kirkland, WA 98034
Renton,WA 98d57
� �� `� __� R �." �� � �
w-�----- -- - .�...�
bat�, Date
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• '! 7
Att;,,_ �
�ioa Salb. C�Y `\``����������������,,,������
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Appr ved as to Legal �orm ; " SEAL = '
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� �i O�A����ii ��`��`` '` :
`�i���r� �i�i�''OiP,4��nu�����6,��o`�.•
Lawrence J. Warren, City Attorney �������iD�sEPt"`���.
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Date
G1TY pF R�NTON/2017�Z018 FLQWER BASKET PROGRAM
Page 6 of 9
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AT�`ACHMENT A
CITY OF RENTON.
2017:-:�2018 FLOWER PROGRAM :
:: SCOPE OF WORK:
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The:City of Renton. is pleased to offer an opportunity or an experience p ant
maintenance contracfor to provide services for the City°s:Flower Prograin.:.The program
includes the.following:
• Hanging Flower Baskets, Iocated i.n tlowntown Renton: The Hanging Baskets occur
between May 15 and Octo6er 31.
Fo.r.additional inforrimation, contact Steve Brown, Parks IlAaintenance Manager, at(425) : .
430-6618.
The Aqreement for Services (the contract) is for a two i2) year period beqinninq
March 1, 2017;and continuinq until:December 31, 2098. The Aqreement is
continaent upon available fundinq in anv one of the budqet vears.
� . Services are provided by the Contracfoc 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 fabricate, install and replace 120
.
existing supporting arm brackets as they become rusted, worn and or unusable. Please
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note that.brackets are in place on most poles. Brackets will need to be cheeked for
condition a�nd replace.d.if.needed as descr,ibed above. Contractor will be required to
prov:ide all original baskets. Replacem.ent baskets are provided by.the Contractor. .
• Brackets shall be Gardman R937 brand, or approved equivalent, rated to hold a minimum
of 55 pounds.
�. Hanging baskets are to be made of durable, extremely strong 100% poly.ethylene plastic,
measuring an outside diameter of 15.5", an inside diameter of 13.5"; and having a deptli
of 7.6":. Use oiily Hanging Planters supplied:by.Riverside Plastics o.r equivalent and :
approved in advance;by tlie 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:liung
10.feet above the finished grade..
CITY OF RENTON/2017-2018 FLOWER BASKET PROGRAM
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• Weight of baskets is not to exceed 50 pounds.each �t maturity and after watering:
Baskets shall be able to withstand a minimu:m weight of 55 pounds.
• The baskets will be hung on 60:light poles located on South 2"a� 3rd� and 4th Streets,
.
Burnett Avenue South; and Wells Avenue Soath in downtown Renton between Nor.th
Rainier Avenue and South.Main Avenue. Pole.locations are described below.
� Plants shall be at least one-half the mature size upon hanging on poles.
• . All equipment, mater:ials:and supplies are to:be provided by the Gontractor, incl�ding:but
,
not lim'ited to:: all tools, equipmen�; and materials to hang baskets, bracket arms, plant
:
materials, fe.rtilizers, potting soils, water and watering:devices. The Contractor is to
submit samples of all materials and supplies to the City for approval before use..
� The Contractor shall submit plans and the City shall app�ove plans for hanging flower
basket.arrangements.prior.to growing plants for the upcoming season.
GENERAL SPECIFICATIONS:
Sprinq=.Surnmer Proqram: Mav 15 throuqh October 31
a. Baskets to.hang.for 6 months.. �
b. Plant baskets with high-quality, trailing; eolorful, 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 in February for approval.
c. Fertil.ize with a high-quality, water-solubfe 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 lusli;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 mater:ials so they remain in excellent health.and condition.
i: Perform:weekly basket audits to assess soil moisture level and plant quality, Enter audit
information.on City approved form and submit to the:Parks Manager weekly.
j. Unforeseen maintenance to baskets, chains:and plants due to vandalism, theft,
accidents, anc! other incidents will 6e the Contractor's responsibility. Maintenance needs _ .
. „ to,be performed in a d,a.y or two.. A reserye,of at least:l2 extra baskets.with flowers in
the sarrie growth stage as the original baskets should be available to replace baskets..
.
CITY OF RENTON/2017-2018 FLOWER BASKET PROGRAM
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k: . Hand:watering is required. Watering will occur on an approved.schedule (discuss ..:
schedule with Parks Mai:ntenance Mar�ager)and on an as-rieeded:basis dependent on
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weather conditions.
Yearlv:Service (Once per Year.)
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a: Replace soi.in as ets year y:
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b. Sterilize baskets before filling with soil.
c: Install baskets antl cha'ins. Remove and store baskets:ancl cha'ins.
' d. . Plants grown and installed in baskets; ready f.or spring hanging.
e. Crirnp 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 tkiey become worn, r.usted
or unusable. Metal support arms must support a weight of 55 pounds or.more.
GITY OF RENTON/2017-2018 FLOWER.BASKET PROGRAM
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CITY OF RENTON PARI(S DIVISION
HAIVGING FLOWER BASKET PROGRAM
Combined Light Pole Location Weekly Audit Form, .,
fiR3�'.,_,� . + E 4D hlo. '.6��i,��Tr ��;�'I3' tl:G1°.� �J����,=,1�'r�� R;Y-A�.�3��I�� D,4T
809 S:4th Street 498F. 2
812 S 4th Street . 497F _ 2 .
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339 Burnett Avenue S(on 4th) 487F 2 :. .
600 S.4th Street-- Blue Sheci 485F 2
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625 S 4th Street--Dinner Train . - 484F 2
505 S 4TH STREET 264F 2
505 S 4th Street-- Iris _ 482F 2
501 S 4th Street.--St.Anthony Hall 480F 2
344 Morris on 4th)--Dentist 257F 2
406 S 4th Street--bricks 477F 2
307 S 4th Street--White house 474F 2
306 S 4th Street--tiy school 473F 2 :
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Total,,. ;: .:: ,..' . ° ..".. : �': , 24.. ...
250 S 3rd Street=-.Corner 409H 2
111 S 3rd Street--Freddie's .:. 412H 2
200 S:3rd Street(west basket --Safeway 413H. 2
200 S 3rd Street(east basket)--Vino. 415H 2 .
309 S 3rd Street--Viking 420H . 2
322 S.3rd Street--Harambee 423H 2
401 S 3rd Street-=Lee's Famil 426H 2 .
410 S 3rd Street--florist 427H 2
422 S:3rd Street--thrift store 429H . 2
617 S 3rd Street--Qualstar 442H 2
700 S 3rd Street--America 447H 2
300 Burnett Ave S (on 3rd)--Naan 448H 2
724 S 3rci Street 449H 2
800 S 3rd Street-=Rubattini's 455H 2
819 S 3rd Street--La Hacienda 458H 2
900 S 3rd Street--CK Nails 463H 2
909 S 3rd Street=-"The Local" 464H 2
920 S 3rd Street--antique : 465H 2
917 S 3rd Street--Stuffy's : 466H . 2
Total 38. .
207 S 2nd Street--Old Jet Cit 390H 2
918 Main (on 2nd)=-"Thai Gold" . 389H 2
206.Wells (on 2nd)--beside Sherman Williams 388H 2
858 Williams (east on 2nd)-- US Bank 383H 2 �
858 Williams(west on 2nd)-- US Bank 381 H 2 .
207 Wells (on 2nd)=- 1 st Savings Bank 382H 2
H:IPARKSIParks ManagerlFLOWER PROGRAMIHahging Flower Baskets_Light Pole Locations 2-6-2015.x1sx(Rv.2-6-2015) Page 1 of 2
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C1TY OF REMTOIV:PARKS DIVISIOIV
HANGIfVG FLOWER BASKE7'PROGRAINI
Combined,Light Pole Location Weekly Audit Form.
�a�,t3R:E�' _. }:,��.�,� T1���$.�'���� ``:��CY�F�F�s �- " :�7`;��,=� i.R'.. = '�""���i,., '��',�`�
t ,,� .. �..
201 Wlliams(on 2nd). 376H 2
232 2n treet-- ar in ent
P 9 rY
150 Logan Avenue (on 2nd)--WaMia 371 H 2 ::
655 S:2nd Street--across from VVaMu #:unclear. 2
419 52nd Street.=-Luther's Table 358H 2 . :.
400 S 2nd Street(east baskets)--HS 359H 2 .
400 S 2nd Street(middle baskets)--HS 266H 2
400 S 2nd Street_(west baskets)--HS 351 H 2 �
403 S 2nd Street==419 Veterans Affairs 356H 2
309 S2nd Street--WACAP 350H 2
203 S 2nd Street--Game Sfop no# 2
200 S 2nd Street--Office 343H 2
, 101 S.2nd Street--Taco Time 342H 2
10.0 S:2nd Street--Warren Barber 34.1 H . . 2
Total.. 40
Tonkins(Donke ) Park-399 Williams Ave 504H 2
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Total:. ;: :.. w. ;.,' ;.., ,<,. ,. . :. :..;`,. ." : �;.' : ,_. : _.,2;;..: .
2061Nells Ave S--Sherwin Wlliams 293H 2
207 Wells Ave S--parking lot 296H 2 :
220 Wells Ave S .: . 297H 2
232 Wells Ave S 299H .. 2
... . .. ....::.:; . :
Total.:-.- :.,. �.... . ::�
" :g..;r, .
, 340 Burnett Ave S --Corner 281 H 2
321 Burnett Ave S--Century 321 7344,i 2 _ _
300 Burnett Ave S-- B of A parkin 277H 2 :: ,
305 Burnett Ave S--"Blossom" 7346J 2
,.:. .
_:..., _ .. .
,- .,. .
.,..,
_ Total.:.: .. , ,. :.,:: ~:: ;:.; , ,>; , �.-.. .. ...::; g- .
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����a��Tot�i� �j� .�;��R�:>�`� "��, ' : ���� �.;:����zor;
,����,�-� � „�- , �,`.;,.�:,,,�;,`� � �,�- yr ,:
��, {. ��
4 F ,� � :.¢:��� � <������ :�:,.� �
,��,:��_ -,�...��taa.�.��R �;��,�`,a,... , � .:,;�'°:'�,,,'.
aPr�c�graiY��Tota�r;Basksts �'� �� s-, �° � ' ��20
.�;.�� �,.���� ��;��.��� �, k� � `� ,, �-, �
;No tl�issirng�Baskets�; � p$
H:IPARKSIParks ManagerlFLOWER PROGRAM1Hanging Flower Baskets_Light Pole LocaGons 2-6-2015.x1sx(Rv.2-6-2015) Page 2 of 2