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HomeMy WebLinkAbout10-003 - O'Neill Plumbing Company - 2010 Minor Home Repair / Human ServicesContractor/ Vendor Name: 1. SCOPE OF WORK O'Neill Plumbing Co Inc 6056 California Ave SW Seattle, WA 98146 The City and the Contractor hereby agree as follows: CITY OF TUKWILA Short Form Contract 10-003 Council Approval N/A Budget Item: Telephone: 206 792 -9392 Project Name: Tukwila /SeaTac /Des Moines/ Covington Minor Home Repair Please initial all attachments, then sign and return copies one and two to: City of Tukwila, Human Services Office„ 6200 Southcenter Boulevard, Tukwila, Washington 98188. ApREEMENT This Agreement, made and entered into this J day of 2010 by and between the City of Tukwila, hereinafter called the City, and O'Neill Plumbine Inc.. hereinafter called the Contractor. Per agreement between King County and the City of Tukwila, relative to the 2010 Community Development Block Grant, Contractor is to provide plumbing maintenance and repair to low and moderate income Tukwila homeowner residents. All work performed by the Contractor or subcontractor shall comply with all applicable City and State codes. The Contractor shall bill the City of Tukwila on a fee for service basis. All work must be approved by the City of Tukwila Human Services staff prior to work starting. Any change in work order must be approved by the City of Tukwila Human Services staff prior to work starting. Repairs and maintenance activities shall be prioritized for health and safety. Cosmetic improvements shall not be included. Total cost for repairs are not to exceed $500 per project/residence without prior approval from Human Services staff. This cap refers to cost of materials and labor as estimated by the contractor 2. TIME OF COMPLETION The work shall be commenced and completed in a timely fashion as mutually agreed on by the Contractor and the City of Tukwila Human Services staff. 3. CONTRACT SUM The City shall pay the Contractor for the performance of the work at the Contractor's hourly rate, or fraction thereof (for example, based on 30 or 15- minute increments, depending on what is acceptable to the City), to cover labor, time and materials. Total reimbursement for the work performed under this contract shall not exceed the maximum contract amount of $25,000. The Contractor's rate is as follows: $%z hr min $95.00 each additional 1/2 hr $80. 4. PAYMENTS The City shall make payments on account of the contract at completion of work upon receiving Contractor's invoice, including any necessary and appropriate documentation, for work completed in the previous month. Payments shall further be made in accordance with Paragraph G of the General Conditions stated herein. 5. GENERAL CONDITIONS The City and the Contractor agree upon the following general conditions which shall govern: A. Contract Documents The contract includes this Agreement, which includes Scope of Work. The intent of this document is to include all labor, materials, appliances and services of every kind necessary for the proper execution of work, and the terms and conditions of payment therefore. B. Materials, Appliances and Employees Except as otherwise noted, the Contractor shall provide and pay for all materials, labor, tools, water, power and all other items necessary to complete the work. Unless otherwise specified, all material shall be new, and both workmanship and materials shall be of good quality. Contractor warrants that all workmen and subcontractors shall be skilled in their trades. CONTRACTOR is and shall be at all times during the term of this contract an independent contractor, and not an employee of the City. The Contractor acknowledges that it is responsible for the payment of all charges and taxes applicable to the services performed under this contract, and the Contractor agrees to comply with all applicable laws regarding the reporting of income, maintenance of insurance and records, and all other requirements and obligations imposed as a result of the Contractor's status as an independent contractor. If the City is assessed, liable or responsible in any manner for those charges or taxes due to the negligence of the Contractor, the Contractor agrees to hold the City harmless from those costs, including attorney's fees. C. Surveys, Permits and Regulations Permits and licenses necessary for the completion of the work shall be secured and paid for by the Contractor. The Contractor shall comply with all laws and regulations bearing on the conduct of the work undertaken pursuant to this contract. D. Protection of Work, Property and Persons The Contractor shall adequately protect the work, adjacent property and the public and shall be responsible for any damage or injury due to its actions, negligence or failure to act, or the action, negligence or failure to act of its officers, employees, subcontractors or agents. E. Access to Work The Contractor shall permit and facilitate observation of the work by the City, its employees and agents, as well as public authorities at all times. F. Correction of Work The Contractor shall re- execute any work that fails to conform to the requirements of this contract and that appears during the progress of the work, and shall remedy any defects due to faulty materials or workmanship which appear within a period of one year from date of completion of this contract and final acceptance of the work by the City unless the manufacturer of the equipment or materials has a warranty for a longer period of time, which warranties shall be assigned by Contractor to City. The provisions of this article apply to work done by subcontractors as well as to work done by direct employees of the Contractor. G. Payments -2- Payments shall be made as provided in Paragraph 4 above. Payments otherwise due may be withheld on account of defective work not remedied, liens filed, damage by the Contractor to others not adjusted, or failure to make payments properly to the subcontractors. II. Contractor's Liability Insurance At all times during the term of this contract, Contractor shall carry public liability and property damage insurance with carriers satisfactory to the City, in the following amounts: $50,000 property damage 500,000 public liability (each person) $1,000,000 public liability (each occurrence) with endorsements naming the City as an additional insured and shall provide the City with certificates of insurance prior to start of construction and with a minimum of 30 days' notice prior to cancellation. I. Attorneys Fees and Costs, Governing Law and Venue In the event of legal action hereunder, the prevailing party shall be entitled to recover its reasonable attorney fees and costs. Washington law shall govern the interpretation of this contract. King County shall be the venue of any arbitration or lawsuit arising out of this contract. J. Cleaning Up The Contractor shall keep the premises free from accumulation of waste material and rubbish and at the completion of the work, it shall remove from the premises, or cause to be removed from the premises, all rubbish, implements and surplus materials and leave the building broom clean. K. Indemnification The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by an act, omission or negligence of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. L. Discrimination Prohibited The Contractor shall comply with all Equal Employment Opportunity regulations and shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor on the basis of race, color, religion, creed, sex, sexual orientation, age, national origin, marital status or the presence of any sensory, mental or physical handicap. M. Termination of Agreement A. Either party may terminate this contract at any time, with or without cause, by giving 10 days notice to the other party in writing. In the event of termination, the Contractor shall be entitled to receive just and equitable compensation for satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. written. B. The City may suspend this contract, at its sole discretion, upon one week's advance notice to the Contractor. Such notice shall indicate the anticipated period of suspension. Any reimbursement for expenses incurred due to the suspension shall be limited to the Contractor's reasonable expenses, and shall be subject to verification. The Contractor shall have the option to resume performance of services under this contract as soon as practicable after the suspension period ends. C. Neither party shall be considered to be in default in the performance of this contract to the extent that performance is prevented or delayed by any cause that is beyond the reasonable control of the affected party. IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above CITY OF TUKWILA By: Signatur Printed Name: I M klage ft0A n 7101 I Title: Date: I Y-JO ATTEST /AUTHENTICATED: 6T-ify Christy O'Flaherty, CMC, City Cle c APPROVED AS TO FORM: Office of the City Attorney BY: By: L Signature Printed Name: Title: v f' Date: I. L i- 20 OilEIL4-,