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HomeMy WebLinkAbout16-091 - Zachary Maintenance Services - Tukwila Minor Home ProgramCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 16- 091(a) Council Approval N/A CONTRACT FOR SERVICES Amendment #1 to Contract 16 -091 Between the City of Tukwila and Yusuf Registe /Zachary Maintenance Services That portion of Contract No. 16 -091 between the City of Tukwila and Zachary Maintenance Services is hereby amended as follows: Per paragraph 1 of Contract No. 16 -091, the Agreement shall be in full force and effect through Julys -3 2017 July 31, 2018, unless sooner terminated under the provisions hereinafter specified. All other provisions of the contract shall remain in full force and effect. Dated this 00O day of u- fu- CITY OF TUKWILA Allan Ekberg, Mayor ATTEST /AUTHENTICATED , 20 ti CONTRACTOR rinted APPROVED AS TO FORM Chri t 'b'Flahe , MMC, City Clerk ' 0 ice of the City Attorney CA Revised December 2016 Page 1 of 1 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 16_091 Approval NIA Council App CITY OF TUKWILA Short Form Contract Contractor/ Yusuf Registe Vendor Name Doing Business As: Zachary Maintenance Services Address: 2747 SW 331' Federal Way, WA 98023 Telephone: 253- 495 -3557 Project No. Budget Item: Project Name: Tukwila/SeaTac/Des Moines Covington Minor Home Repair Please initial all attachments, sign and return two originals to: City of Tukwila, Human Services, 6200 Southcenter Boulevard, Tukwila, Washington 98188. A fully executed copy will be returned to you. AGREEMENT This Agreement, made and entered into this ) � day o 2016, by and between the City of Tukwila, hereinafter referred to as "City ", and Zachary Mainte ance Services hereinafter referred to as "Contractor." This Agreement shall be in full force and effect for a period commencing the date above and shall end, 31st day of July 2017, unless sooner terminated under the provisions hereinafter specified. The City and the Contractor hereby agree as follows: 1. SCOPE AND SCHEDULE OF SERVICES TO BE PERFORMED BY CONTRACTOR. Per agreement between King County and the City of Tukwila, relative to Community development block grant dollars, Contractor is to provide Minor home repair, including maintenance, repair and replacement to low income Tukwila Homeowner residents. All work performed by the Contractor or subcontractor shall comply with all applicable City and State codes and adhere to Housing and Urban Development regulations regarding housing repair. The contractor shall bill the city of Tukwila on a fee for service basis at $65 an hour plus 28% indirect charge of the total construction cost. 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 the 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 labor, and the cost of materials as estimated by the Contractor. - o f-c)-611 CA revised 2012 Page 1 2. TIME OF COMPLETION. Each project shall be completed in a timely fashion as mutually agreed on by the Contractor and the City of Tukwila Human Services staff. 3. COMPENSATION AND METHOD OF PAYMENT. The City shall pay the Contractor for services rendered at the rate set forth in Section 1 herein. The total amount to be paid under this Agreement shall not exceed $15,000 except by written agreement of the parties. 4. CONTRACTOR BUDGET. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 5. PAYMENTS. The City shall make payments on account of the contract at completion of the project. 6. MATERIALS, APPLIANCES AND EMPLOYEES. • Except as otherwise noted, the Contractor shall provide and pay for all materials, labor, tools, water, power and 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. 7. PERMITS AND REGULATIONS. Permits and licenses necessary for the execution of the work shall be secured and paid for by the Contractor. Easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City unless otherwise specified. The Contractor shall comply with all laws and regulations bearing on the conduct of the work and shall notify the City in writing if the drawings and specifications are at variance therewith. 8. 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 any act or neglect. 9. ACCESS TO WORK. The Contractor shall permit and facilitate observation of the work by the City and its agents and public authorities at all times. 10. CHANGES IN WORK. The City may order changes in the work, the contract sum being adjusted accordingly. All such orders and adjustments shall be in writing. Claims by the Contractor for extra cost must be made in writing before executing the work involved. 11. CORRECTION OF WORK. The Contractor shall re- execute any work that fails to conform to the requirements of the 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 the 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. 12 OWNER'S RIGHT TO TERMINATE CONTRACT. Should the Contractor neglect to execute the work properly, or fail to perform any provision of the contract, the City, after seven days' written notice to the contractor, and his surety, if any, may without prejudice to any other remedy CA revised 2012 Page 2 the City may have, make good the deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contract or, at the City's option, may terminate the contract and take possession of all materials, tools, appliances and finish work by such means as the City sees fit, and if the unpaid balance of the contract price exceeds the expense of finishing the work, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the City. 13. PAYMENTS. Payments shall be made as provided in the Agreements. 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. 14. INSURANCE. The Contractor shall procure and maintain for the duration of the 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 Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover 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. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit. 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 or an equivalent endorsement. 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 and King County shall be named as insureds under the Contractor's Commercial General Liability insurance policy with respect to the work performed pursuant to this Agreement 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.. B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self - insurance, or insurance pool coverage CA revised 2012 Page 3 maintained by the City shall be in excess of the Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business - days- notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 15. SEPARATE CONTRACTS. The City has the right to execute other contracts in connection with the work and the Contractor shall properly cooperate with any such other contracts. 16 ATTORNEYS FEES AND COSTS. In the event of legal action hereunder, the prevailing party shall be entitled to recover its reasonable attorney fees and costs. 17. CLEANING UP. The Contractor shall keep the premises free from accumulation of waste material and rubbish and at the completion of the work, shall remove from the premises all rubbish, implements and surplus materials and leave the premises clean. 18. 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 failure 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 CA revised 2012 Page 4 valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. The Contractor shall protect, defend, indemnify and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of Contractor, its officers, employees, and/or agents in connection with or in support of this Contract. Contractor expressly agrees and understands that King county is a third party beneficiary to this Contract and shall have the right to bring an action against Contractor to enforce the provisions of this paragraph. 19. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 20. ENTIRE AGREEMENT; MODIFICATION. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 21 SEVERABILITY AND SURVIVAL. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 22. NOTICES. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 23 APPLICABLE LAW; VENUE; ATTORNEY'S FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written. CITY OF TUKWILA CA revised 2012 Page 5 Bv: ignature, Allan Ekberg, Mayo Printed Name: lr 1I /,Ur` , gYLe v:3 Title: ON tS Date: ATTEST/ - UTHENTICATED: City Jerk, Christy O'Flaherty APPROVED S TO FORM: Office of th- f ity Att e. ey BY: /, AO. � CA revised 2012 Signatur Printed N 4' (Sr 2 /c4/5"/ Title: Date: ' 1 -1( Page 6