HomeMy WebLinkAboutAG-S-087 Berry Sign Systems CITY OF AUBURN
AGREEMENT FOR SERVICES
AG-S-087
THIS AGREEMENT made and entered into on this ,7,1:lay of ,
2015, by and between the City of Auburn, a municipal corporation of the State of
Washington, hereinafter referred to as "City" and Berry Sign Systems, 7400 Hardeson
Road, Everett, WA 98203, hereinafter referred to as the "Provider."
WITNESSETH :
WHEREAS, the City is in need of the services of individuals, employees or firms
for sign design, fabrication, and installation work; and,
WHEREAS, the City desires to retain the Provider to provide said services in
connection with the City's work; and,
WHEREAS, the Provider is qualified and able to provide services in connection
with the City's needs for the above-described work, and is willing and agreeable to
provide such services upon the terms and conditions herein contained.
NOW, THEREFORE, the parties hereto agree as follows:
1. Scope of Services
The Provider agrees to perform in a good and professional manner the tasks
described on Exhibit "A" which is attached hereto and by this reference made a
part of this Agreement. (The tasks described on Exhibit "A" shall be individually
referred to as a "task," and collectively referred to as the "services.") The Provider
shall perform the services as an independent contractor and shall not be deemed,
by virtue of this Agreement and the performance thereof, to have entered into any
partnership,joint venture, employment or other relationship with the City.
2. Additional Services
In the event additional services with respect to related work are required beyond
those specified in the Scope of Work, and not included in the compensation listed
in this Agreement, a contract amendment shall be set forth in writing and shall be
executed by the respective parties prior to the Provider's performance of the
services there under, except as may be provided to the contrary in Section 3 of this
Agreement. Upon proper completion and execution of an Amendment (agreement
for additional services), such Amendment shall be incorporated into this
Agreement and shall have the same force and effect as if the terms of such
Amendment were a part of this Agreement as originally executed. The
performance of services pursuant to an Amendment shall be subject to the terms
and conditions of this Agreement except where the Amendment provides to the
contrary, in which case the terms and conditions of any such Amendment shall
AG-S-087
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control. In all other respects, any Amendment shall supplement and be construed
in accordance with the terms and conditions of this Agreement.
3. Performance of Additional Services Prior to Execution of an Amendment
The parties hereby agree that situations may arise in which services other than
those described on Exhibit "A" are desired by the City and the time period for the
completion of such services makes the execution of Amendment impractical prior
to the commencement of the Provider's performance of the requested services.
The Provider hereby agrees that it shall perform such services upon the written
request of an authorized representative of the City pending execution of an
Amendment, at a rate of compensation to be agreed to in connection therewith.
The invoice procedure for any such additional services shall be as described in
Section 7 of this Agreement.
4. Provider's Representations
The Provider hereby represents and warrants that the Provider has all necessary
licenses and certifications to perform the services provided for herein, and is
qualified to perform such services.
5. City's Responsibilities
The City shall do the following in a timely manner so as not to delay the services of
the Provider:
a. Designate in writing a person to act as the City's representative with respect to
the services. The City's designee shall have complete authority to transmit
instructions, receive information, interpret and define the City's policies and
decisions with respect to the services.
b. Furnish the Provider with all information, criteria, objectives, schedules and
standards for the project and the services provided for herein.
c. Arrange for access to the property or facilities as required for the Provider to
perform the services provided for herein.
d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and
other documents prepared by the Provider and render decisions regarding such
documents in a timely manner to prevent delay of the services.
6. Acceptable Standards
The Provider shall be responsible to provide, in connection with the services
contemplated in this Agreement, work products and services of a quality and
professional standard acceptable to the City.
7. Compensation
As compensation for the Provider's performance of the services provided for
herein, the City shall pay the Provider the fees and costs specified on Exhibit "B"
which is attached hereto and by this reference made a part of this Agreement (or
as specified in an Amendment). The Provider shall submit to the City an invoice or
statement of time spent on tasks included in the scope of work provided herein,
and the City upon acceptance of the invoice or statement shall process the invoice
or statement in the next billing/claim cycle following receipt of the invoice or
statement, and shall remit payment to the Provider thereafter in the normal course,
AG-S-087
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subject to any conditions or provisions in this Agreement or Amendment. The
Agreement number must appear on all invoices or statements submitted. The not-
to-exceed amount for this agreement is $26,803.00.
8. Time for Performance and Term of Agreement
The Provider shall not begin any work under this Agreement until authorized in
writing by the City. The Provider shall perform the services provided for herein in
accordance with the direction and scheduling provided on Exhibit "A" attached
hereto and incorporated herein by this reference, unless otherwise agreed to in
writing by the parties. All work under this Agreement shall be completed by
December 31, 2016.
9. Ownership and Use of Documents
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design
calculations, working drawings and any other materials created or otherwise
prepared by the Provider as part of his performance of this Agreement (the 'Work
Products") shall be owned by and become the property of the City, and may be
used by the City for any purpose beneficial to the City.
10. Records Inspection and Audit
All compensation payments shall be subject to the adjustments for any amounts
found upon audit or otherwise to have been improperly invoiced, and all records
and books of accounts pertaining to any work performed under this Agreement
shall be subject to inspection and audit by the City for a period of up to three (3)
years from the final payment for work performed under this Agreement.
11. Continuation of Performance
In the event that any dispute or conflict arises between the parties while this
Contract is in effect, the Provider agrees that, notwithstanding such dispute or
conflict, the Provider shall continue to make a good faith effort to cooperate and
continue work toward successful completion of assigned duties and
responsibilities.
12. Administration of Agreement
This Agreement shall be administered by Irma Dore, on behalf of the Provider, and
by the Mayor of the City, or designee, on behalf of the City. Any written notices
required by the terms of this Agreement shall be served on or mailed to the
following addresses:
City of Auburn Berry Skin Systems
Irma Dore Don Gerould
Project Manager Berry Sign Systems Rep
25 W Main St 7400 Hardeson Road
Auburn, WA 98001-4998 Everett, WA 98203
Phone: 253.876.1910 Phone: 425-776-8835
Cell: 253.266.5950 Fax: 425-774-8221
E-mail: idore @auburnwa.gov E-mail: don @berrysignsystems.com
AG-S-087
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13. Notices
All notices or communications permitted or required to be given under this
Agreement shall be in writing and shall be deemed to have been duly given if
delivered in person or deposited in the United States mail, postage prepaid, for
mailing by certified mail, return receipt requested, and addressed, if to a party of
this Agreement, to the address for the party set forth above.
Either party may change his, her or its address by giving notice in writing, stating
his, her or its new address, to the other party, pursuant to the procedure set forth
above.
14. Insurance
The Provider shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons or damage to property which may
arise from or in connection with the performance of the work hereunder by the
Provider, or the Provider's agents, representatives, employees, or subcontractors.
Provider's maintenance of insurance as required by the Agreement shall not be
construed to limit the liability of the Provider to the coverage provided by such
insurance, or otherwise limit the City's recourse to any remedy available at law or
in equity.
The Service Provider shall obtain insurance of the types described below:
a. 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. Provider shall maintain automobile insurance with minimum
combined single limit for bodily injury and property damage of$1,000,000 per
accident.
b. Commercial General Liability insurance shall be written on ISO occurrence form
CG 00 01 and shall cover liability arising from premises, operations,
independent contractors, products-completed operations, stop gap liability,
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. The City shall be named as an insured under the
Contractor's Commercial General Liability insurance policy with respect to the
work performed for the City using ISO Additional Insured endorsement
CG 20 10 10 01 and Additional Insured-Completed Operations endorsement
CG 20 37 10 01 or substitute endorsements providing equivalent coverage.
Commercial General Liability insurance shall be written with limits no less than
AG-S-087
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$1,000,000 each occurrence, $2,000,000 general aggregate, and a $2,000,000
products-completed operations aggregate limit.
c. Worker's Compensation coverage as required by the Industrial Insurance laws
of the State of Washington.
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability insurance:
a. The Provider's insurance coverage shall be primary insurance as respects the
City. Any insurance, self-insurance, or insurance pool coverage maintained by
the City shall be excess of the Provider's insurance and shall not contribute
with it.
b. The Provider's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after 30 days prior written notice by certified
mail, return receipt requested, has been given to the City.
Insurance is to be placed with an authorized insurer in Washington State. The
insurer must have a current A.M. Best rating of not less than A:VII.
Provider shall furnish the City with certificates of insurance and a copy of the
amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the insurance requirements of the Provider
before commencement of the work. The City reserves the right to require that
complete, certified copies of all required insurance policies be submitted to the City
at any time. The City will pay no progress payments under Section 7 until the
Provider has fully complied with this section.
15. Indemnification/Hold Harmless
The Provider shall defend, indemnify and hold the City and its officers, officials,
employees, and volunteers harmless from any and all claims, injuries, damages,
losses, or suits including attorney fees, arising out of or in connection with the
performance of this Agreement, except for injuries and damages caused by the
sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, 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 Provider and the City, its officers, officials, employees, and
volunteers, the Provider's liability hereunder shall be only to the extent of the
Provider's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Provider's waiver of immunity under
Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification.
This waiver has been mutually negotiated by the parties. The provisions of this
section shall survive the expiration or termination of this Agreement.
AG-S-087
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16. Assignment
Neither party to this Agreement shall assign any right or obligation hereunder in
whole or in part, without the prior written consent of the other party hereto. No
assignment or transfer of any interest under this Agreement shall be deemed to
release the assignor from any liability or obligation under this Agreement, or to
cause any such liability or obligation to be reduced to a secondary liability or
obligation.
17. Nondiscrimination
The Provider may not discriminate regarding any services or activities to which this
Agreement may apply directly or through contractual, hiring, or other arrangements
on the grounds of race, color, creed, religion, national origin, sex, age, or where
there is the presence of any sensory, mental or physical handicap.
18. Amendment, Modification or Waiver
No amendment, modification or waiver of any condition, provision or term of this
Agreement shall be valid or of any effect unless made in writing, signed by the
party or parties to be bound, or such party's or parties' duly authorized
representative(s) and specifying with particularity the nature and extent of such
amendment, modification or waiver. Any waiver by any party of any default of the
other party shall not affect or impair any right arising from any subsequent default.
Nothing herein shall limit the remedies or rights of the parties hereto under and
pursuant to this Agreement.
19. Termination and Suspension
Either party may terminate this Agreement upon written notice to the other party if
the other party fails substantially to perform in accordance with the terms of this
Agreement through no fault of the party terminating the Agreement.
The City may terminate this Agreement upon not less than seven (7) days written
notice to the Provider if the services provided for herein are no longer needed from
the Provider.
If this Agreement is terminated through no fault of the Provider, the Provider shall
be compensated for services performed prior to termination in accordance with the
rate of compensation provided in Exhibit "B" hereof.
20. Parties in Interest
This Agreement shall be binding upon, and the benefits and obligations provided
for herein shall inure to and bind, the parties hereto and their respective
successors and assigns, provided that this section shall not be deemed to permit
any transfer or assignment otherwise prohibited by this Agreement. This
Agreement is for the exclusive benefit of the parties hereto and it does not create a
contractual relationship with or exist for the benefit of any third party, including
contractors, sub-contractors and their sureties.
AG-S-087
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21. Costs to Prevailing Party
In the event of such litigation or other legal action, to enforce any rights,
responsibilities or obligations under this Agreement, the prevailing parties shall be
entitled to receive its reasonable costs and attorney's fees.
22. Applicable Law
This Agreement and the rights of the parties hereunder shall be governed by and
interpreted in accordance with the laws of the State of Washington and venue for
any action hereunder shall be in of the county in Washington State in which the
property or project is located, and if not site specific, then in King County,
Washington; provided, however, that it is agreed and understood that any
applicable statute of limitation shall commence no later than the substantial
completion by the Provider of the services.
23. Captions, Headings and Titles
All captions, headings or titles in the paragraphs or sections of this Agreement are
inserted for convenience of reference only and shall not constitute a part of this
Agreement or act as a limitation of the scope of the particular paragraph or
sections to which they apply. As used herein, where appropriate, the singular shall
include the plural and vice versa and masculine, feminine and neuter expressions
shall be interchangeable. Interpretation or construction of this Agreement shall not
be affected by any determination as to who is the drafter of this Agreement, this
Agreement having been drafted by mutual agreement of the parties.
24. Severable Provisions
Each provision of this Agreement is intended to be severable. If any provision
hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this Agreement.
25. Entire Agreement
This Agreement contains the entire understanding of the parties hereto in respect
to the transactions contemplated hereby and supersedes all prior agreements and
understandings between the parties with respect to such subject matter.
26. Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be
one and the same Agreement and shall become effective when one or more
counterparts have been signed by each of the parties and delivered to the other
party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed effective the day and year first set forth above.
AG-S-087
Page 7 of 8
CITY OF AUBURN BERRY SIGN SYSTEMS
� ati
Nancy B us, Mayor Signaturr
Name: 0 •
Attest Title:y t '
1 • /
Danielle Daskam City Clerk Signature
Name:
Appr. -d a l . • I Title:
Las ") Federal Tax ID No: I os
Daniel B. it‘A re me
AG-S-087
Page 8 of 8
CITY OF
�T 'B i'� 1'�T Nancy Backus, Mayor
-4LfJ WtAI$JI I IAN G�TO�1N 25 West Main Street * Auburn WA 98001 -4998 * www.auburnwa.gov * 253- 931 -3000
December 1. 2015
Ron Jacobs
Berry Sign Systems
7400 Hardeson Road
Everett, WA 98203
RE: Agreement No. AG -S -087
Project No. CP1412, Auburn Youth Enter & Community Centers
Dear Mr. Jacobs:
Enclosed please find an executed copy of the above - referenced Agreement. The work
authorized under this Agreement shall not exceed $26,803.00 and has a completion date
of December 31, 2016.
For the City's tracking and record keeping purposes, please reference AG -S -087 and
Project No. CP1412 on all correspondence and related material.
We must receive the certificate(s) of insurance; evidencing your insurance coverage and
amendatory endorsements as required per Section 14, before we can issue a Notice to
Proceed. Please send the certificate(s) to JoAnne Andersen, Contracts Administration
Supervisor at the address listed at the top of this letterhead.
As the project manager, I am the designated contact for this Agreement and all
Amendments. Questions, assignments and coordination shall be routed through me.
You can contact me at 253 - 876 -1910.
Sinc rely
Irma Dore
Project Manager
Community Development & Public Works Department
ID /ja /as
Enclosure
cc: Dani Daskam, City Clerk
Irma Dore, Project Manager
AG -S -087
CP1412 (File 2.20)
AUBURN* MORE THAN YOU IMAGINED
CITY OF AUBURN
AGREEMENT FOR SERVICES
AG-S-087
EXHIBIT A
SCOPE OF WORK
City of Auburn
CP1412 — Auburn Community Center and Teen Center Project - Signage
This project includes the design and construction of a Teen Center and Community Center at
the north end of the Les Gove Community Campus. The Teen Center is a renovation of an
existing 8,500 square foot building that was built in the 1970's. The Teen Center will include
"hang-out", study, and art areas, and the existing kitchen will be remodeled. The Community
Center will be an approximately 13,000 square foot new building and will potentially include a
large multi-purpose area, activities room, lobby, and office space for Parks and Administration
staff.
The scope of work for this agreement Includes the design, fabrication, and installation of exterior
building signage and monument signage for the project.
KEY ASSUMPTIONS
The following assumptions apply to this entire scope of work. Any substantial deviations from
these assumptions may require an amendment to the portion of the scope and budget that is
Impacted by changes:
• The Provider will provide the design, fabrication, and installation of the following: exterior
building sign for the community center(1 sign), exterior building sign for the teen center
(1 sign), and modification of the existing "Activity Center" monument sign on 8th Street at
the parking lot entrance.
• The Provider will provide a conceptual design for an electronic sign for a proposed new
entrance to the Les Gove Campus from Auburn Way South at the H Street SE
alignment. Development of permit drawings, shop drawings, fabrication, and installation
of the electronic sign is not included in this scope of work.
• The Provider will design, fabricate, and provide to the City for installation two identical
temporary"coming soon" signs to be placed by the City near the construction site. These
signs shall be provided within three weeks after the notice to proceed is issued by the
City for the contract.
• In accordance with RCW 39.35D.030, the Youth and Community Centers will be LEED
Certified Silver.
• The Provider shall develop and maintain a schedule that considers the timing of City
reviews and decision making, permitting, materials procurement, fabrication, and
installation such that all signage is installed and functional no later than June 9, 2016.
• The Provider's point of contact at the City is the City's Project Manager. The Provider will
take direction regarding all contractual and design issues from the City's Project
Manager. As part of the stakeholder involvement tasks included in this scope, the
AG-S-087
Exhibit A
Page 1 of 2
Provider will facilitate input from many stakeholders including, but not limited to, City
Directors, the City Engineer, and others; However, the Provider shall only take direction
from the City's Project Manager.
• The City will supply the Provider with the following items as available:
o Site and Building Design Plans
o Les Gove Community Campus Master Plan (Draft or Final if available)
o Building Renderings
o Reports associated with other work at Les Gove Community Campus
• The Provider will meet with the City's Project Manager with other project team members
In attendance as needed,. At each meeting the Provider will provide an updated project
schedule and present any changes or anticipated risks to the schedule.
• The Provider will coordinate with the City throughout the project design to discuss and
consider land-use, planning, building code, and other issues.
• All fabrication and installation work is subject to prevailing wages.
• The Provider will submit for sign and building permits from the City with City fees for said
permits being paid directly by the City.
TASK 1 — DESIGN AND SHOP DRAWINGS
The Provider will complete the following design tasks:
• Provide a minimum of 3 alternative design options for each permanent sign (4 signs X 3
design concepts each = 12 design options total). Each option will be presented with a
color rendering or sketch, materials selection, and preliminary cost estimate and include
options for lighting.
• Permanent signs are described in the first two bullets under"Key Assumptions".
• Provide a draft rendering of the temporary"coming soon" sign and update the rendering
based on City review. Fabricate two "coming soon" signs and deliver to the City for
installation.
• Work with City to evaluate and select a preferred option.
• Prepare final design drawing and specifications for review and approval by the City.
• The Provider will prepare shop drawings for review and approval by the City prior to
fabrication.
TASK 2— PERMITTING
• The Provider will prepare a permit submittal package for review and approval by the City
prior to fabrication.
TASK 3— FABRICATION AND INSTALLATION
The Provider shall fabricate, deliver, install, and commission the signs. All signs installed under
this agreement shall be warrantied against defects for 1-year from time of acceptance by the
City. The Provider will supply the City with operations, maintenance and warranty information.
AG-S-087
Exhibit A
Page 2 of 2
CITY OF AUBURN
AGREEMENT FOR SERVICES
AG-S-087
EXHIBIT B
FEE SCHEDULE
TASK 1 — DESIGN
• $4,000.00
TASK 2— PERMITTING AND SHOP DRAWINGS
• $560.00
TASK 3—FABRICATION AND INSTALLATION
• Teen Center Building Sign, Community Center Building Sign, Monument Sign
Modification, "coming soon" signs: $22,243.00
TOTAL FEE NOT TO EXCEED (TASKS 1, 2, AND 3): $26,803.00
AG-S-087
Exhibit B
Page 1 of 1
CITY OF * _.
*
AUBURN'
UBURNNancy Backus,Mayor
WASHINGTON 25 West Main Street *Auburn WA 98001-4998 *www.auburnwa.gov*253-931-3000
February 9, 2016
Ron Jacobs
Berry Sign Systems
7400 Hardeson Road
Everett, WA 98203
RE: Agreement No. AG-S-087
Project No. CP1412, Signage for Auburn Youth Center & Community Center
Notice to Proceed
Dear Mr. Jacobs:
The City is recently in receipt of the certificate of insurance above-referenced Agreement
executed on November 23, 2015. This letter serves as your Notice to Proceed. The work
authorized under this agreement shall not exceed $26,803.00, and has a completion date
of December 31, 2016.
For the City's tracking and record keeping purposes, please reference AG-S-087 and
Project No. CP1412 on all correspondence and related material.
As the project manager, I am the designated contact for this agreement and all
amendments. Questions, assignments and coordination shall be routed through me. You
can contact me at 253-876-1910.
Sincerely,
Irma Dore
Project Manager
Community Development & Public Works Department
ID/ja/as
Enclosure
cc: Dani Daskam, City Clerk
AG-S-087
CP1411 (File 2.20)
AUBURN * MORE THAN YOU IMAGINED
p S . ') . 2
AMENDMENT#1 TO SERVICE AGREEMENT NO. AG-S-087 BETWEEN
THE CITY OF AUBURN AND BERRY SIGN SYSTEMS
RELATING TO PROJECT NO. CP1412
THIS AMENDMENT is made and entered into this /6k day of _ .. / , 20/4, by and
between the CITY OF AUBURN, a municipal corporation of the State of ashington(hereinafter referred
to as the"CITY"), and Berry Sign Systems(hereinafter referred to as the"PROVIDER"), as an
Amendment to the Service Agreement between the parties for AG-S-087 executed on the 23rD day of
November 2015.
The changes to the agreement are described as follows:
1. CONTRACT TERM: There is no change to the date of termination.
2. SCOPE OF WORK: The scope of work is amended to include the following tasks: The Provider shall
fabricate and install a halo-lit building sign for the Community and Event Center. The cost of this sign
exceeds the preliminary cost estimates due to the type of the sign and the length of the lettering of the
sign.
3. COMPENSATION: The amount of this amendment is$4,424.00. The total agreement amount is
increased to a total of$31,227.00. See Exhibit B-Revised Fee Schedule,which is attached hereto
and by this reference made part of this Amendment. The total compensation amount under this
agreement includes all and any applicable sales and use taxes.
•
REMAINING TERMS UNCHANGED:That all other provisions of the Agreement between the parties
for AG-S-087 executed on the 23td day of November, 2015, shall remain unchanged, and in full force and
effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first
above written.
Berry Sign Systems CITY OF AUBURN
By: \ �
Authorized signature ancy Ba , Mayor
ATTEST(Optional): ATTEST:
By: , ! tv 6c \inn
Its: ?Qt. cTC3C D Daskam,Auburn City Clerk
Approved as to form (Optional): App .ve• as to
A. .��r. AmA
Attorney for(Other Party)
re-:. Heid, , C-ty Attorney
Amendment No. 1 for Agreement No. AG-S-087
Berry Sign Systems
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