HomeMy WebLinkAbout19-098 - Gary Marshall - Pressure Washing TIB Mural19-098
Council Approval N/A
City of Tukwila Contract Number:
6200 Southcenter Boulevard, Tukwila WA 98188
CITY OF TUKWILA
Short Form Contract
Contractor/
Vendor Name: _Gary Marshall Project No. 11800703.0000.000
Address: 2527 South J Street
Tacoma, WA. 98405 Budget Item: 301.98.576.900.41.00
Project Name: TIB Mural/Color Wave
Please initial all attachments, then sign and return copies one and two to:
City of Tukwila, Tukwila Community Center, 12424 42nd Ave. S., Tukwila, Washington 98168.
Retain copy three for your records until a fully executed copy is returned to you.
AGREEMENT
This Agreement, made and entered into this _14_ day of June _2019_, by and between
the City of Tukwila, hereinafter referred to as "City", and _Gary Marshall of Marshall Enterprises,
hereinafter referred to as "Contractor."
The City and the Contractor hereby agree as follows:
1. SCOPE AND SCHEDULE- OF SERVICES TO BE PERFORMED BY CONTRACTOR. The
Contractor shall perform those services described on Exhibit A attached hereto and incorporated
herein by this reference as if fully set forth. In performing such services, the Contractor shall at all
times comply with all Federal, State, and local statutes, rules and ordinances applicable to the
performance of such services and the handling of any funds used in connection therewith. The
Contractor shall request and obtain prior written approval from the City if the scope or schedule is
to be modified in any way.
2. TIME OF COMPLETION. The work shall be commenced on 6/26/19 and be completed
no later than 6/30/19 .
3. COMPENSATION AND METHOD OF PAYMENT. The City shall pay the Contractor for services
rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated
herein by this reference. The total amount to be paid shall not exceed $750.00 at a flat rate.
4. COI-ITRACTOR 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. ACCEPTANCE AND FINAL PAYMENT. Final payment shall be due 10 days after completion of
the work, provided the contract is fully performed and accepted.
7. CONTRACT DOCUMENTS.
The contract includes this Agreement, Scope of Work and Payment Exhibit.
CA revised December 2016 �� 'a•y Page 1
a
The intent of these documents 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.
The documents are to be considered as one, and whatever is called for by any one of the
documents shall be as binding as if called for by all.
The Contractor agrees to verify all measurements set forth in the above documents and to
report all differences in measurements before commencing to perform any work hereunder.
8. 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.
9. SURVEYS PERMITS AND REGULATIONS. The City shall furnish all surveys unless otherwise
specified. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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 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.
15. 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.
16. 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,
CA revised December 2016 Page 2
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 as least at broad as 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 a per project general aggregate
limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no
exclusion for liability arising from explosion, collapse or underground property damage.
The City shall be named as an additional 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 at least as
broad coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
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
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
CA revised December 2016 Page 3
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.
17. PERFORMANCE BOND. The Contractor shall furnish to the City prior to start of construction a
performance bond at 100% of the amount of the contract and in a form acceptable to the City. In
lieu of bond for contracts less than $25,000, the City may, at the Contractor's option, hold 5% of
the contract amount as retainage for a period of 30 days after final acceptance or until receipt of
all necessary releases from the Department of Revenue and the Department of Labor and
Industries and settlement of any liens, whichever is later.
10 LIENS. The final payment shall not be due until the Contractor has delivered to the City a
complete release of all liens arising out of this contract or receipts in full covering all labor and
materials for which a lien could be filed, or a bond satisfactory to the City indemnifying the City
against any lien.
19. 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.
20. 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.
21. 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.
22. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, 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 Contractor and the City, its officers,
officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the
extent of the Contractor's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Contractor'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.
23. PREVAILING WAGES. The Contractor shall pay all laborers, workmen and mechanics the
prevailing wage and shall file the required "Statement of Intent to Pay Prevailing Wages" in
conformance with RCW 39.12.040.
24. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds0f 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.
25. 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.
26. 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
CA revised December 2016 Page 4
any other provisions hereof and all other provisions nbaU remain fully enforceable. The
provisions of this Agreement, which by their sense and context are reasonably intended to
survive the opmpletion, expiration or cancellation ofthis Agreement, shall survive termination of
this Agreement,
-/_-
L.' 27. NOTICES. Notices tothe City ofTukwila shall be sent tothe foUownQaddress:
City Clerk, City of Tukwila
82ODSouthcanterBlvd.
Tukwila, Washington 9@1B8
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
' signature line below.
/ 28. APPLICABLE LAW; VENUE; ATTORNEY'S This Agreement ~ .
construed in accordance with the laws of the State of Washington. In the event any muit,
erbitnsdon, or other proceeding is instituted to enforce any term of this /\greement, 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 P/suit.
IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above
written.
By: , " MKZ
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Signatu
Printed Name:
Date.- 14
Signature
Printed Name:
Date:
CArevised December 2016 Page
EXHIBIT A
SCOPE AND SCHEDULE OF SERVICES
CONSULTANT will provide, under the advisement of a Tukwila Parks & Recreation professional staff
member:
1. Consultant will provide pressure washing services:
a. Remove moss, algae, mildew, dirt, debris, grime, etc. as possible
b. Rinse all dirt, residue, debris, etc. from sidewalk
c. Clean up fallen debris, residue, etc. from grounds, shrubs, etc.
d. Remove and/or dispose of debris utilizing drain filters where necessary.
2. Agreed upon area:
Starting at the most southern point indicated on this map and heading north along the wall as noted in the
highlighted area — 800 feet total.
3. City will provide water and access to water connection.
EXHIBIT B
CONSULTANT SCHEDULE OF FEES
CONSULTANT will provide services under contract and Exhibit A (Scope of Services) in accord with the rates and
methods:
1. Agreed upon fee for the work described in Exhibit A is $750.
2. Total contract amount is not to exceed $750 unless authorized by the City.
3. Consultant may invoice the City after the work has been completed. Consultant will be paid according to the
2019 Accounts Payable schedule.
4. Rates are effective through December 31, 2019.
TOKIOMAR NE
H C C
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint,
GARY TURNER
its true and lawful Attorney -in -Fact, with full authority to execute on its behalf bond number 100321041 ...
issued in the course of its business and to bind the Company thereby, in anmmm amount not to exceed
_. Twelve thousand and 00/100 _..._...................... { $12,00.0...0.0........... )
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopted
by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called' and held on the 1st day of
September, 2011.
"Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be
and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and
act for and on behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge
and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings,
including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,
and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed
by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate
Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of
attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached."
The Attorney -in -Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this
bond and does not indicate whether the Attorney -in -Fact is or is not an appointed agent of the Company.
IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its
President on this 1 It day of June, 2018.
State of California AM CONT CTO, S INDEMNITY COMPANY
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County of Los Angeles w SEPT ` ° ' = B '
y Adam S. Pessln, Pre sident
this certifica
ry tell s attached, lndrnot the truthfulness, accuracy, or v only the identity
y y y g document to which
completingthis certificate verifies validity of thatt.
Individual who signed the
On this 1st day of June, 2018, before me, Sonia 0. Carrejo, a notary public, personally appeared Adam S. Pessin, President of American
Contractors Indemnity Company, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of CALIFORNIA that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.. VAAr �R 4
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Signature (seal)Ll" �1111 ill x_ l
I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the
resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that
neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of,
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Bond No. 100321041ITw
Agency No. 16731 W INCOAFORATED
visit tmhcc.com/surety for more information
June
2019 .
G&,�
Kio Lo, Assistant Secretary
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TOKIOMARINE
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American Contractors Indemnity Company
801 S, Figueroa Si., Suite 700 Los Angeles, CA 900-17
main (310) 649 0990 facsimile (310) 615 9274
Monday, June 17, 2019
100321041 WA / CLB (CONTRACTOR LICENSE) $12,000.00
1,.;;;,.C; "F.l4:
GARY A MARSHALL (DBA MARSHALL ENTERPRISES)
2527 S J ST
TACOMA, WA 98405
WASHINGTON DEPARTMENT OF LABOR & INDUSTRIES
PO BOX 44450
OLYMPIA, WA 98504
5/28/2019 1 8/15/2019
THIS BOND CONTINUES IN FORCE TO THE ABOVE EXPIRATION DATE CONDITIONED AND PROVIDED
THAT THE LOSSES OR RECOVERIES IN IT AND ALL ENDORSEMENTS SHALL NEVER EXCEED THE
PENALTY SET FORTH IN THE''BOND AND WHETHER THE LOSSES OR RECOVERIES ARE -WITHIN THE
FIRST AND/OR SUBSEQUENT OR WITHIN ANY EXTENSION OR RENEWAL PERIOD, PRESENT, PAST OR
FUTURE. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
Signed and dated this 17th day of
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SEPT. 25, 1990It
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GARY TURNER
820 HARVEY ROAD, SUITE D
AUBURN, WA 98002
June 2019
American Contractors Indemnity Company
GARY TURNER, Attorney in Fact
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