HomeMy WebLinkAbout19-109 - Gary Marshall of Marshall Enterprises - Pressure Washing River Mural/TCC19-109
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. 11800702.0000.000
Address: _2527 South J Street
_Tacoma, Wa. 98405 Budget Item: 301.98.576.900.41.00
Project Name: River Mural/TCC _
Please initial all attachments, then sign and return copies one and two to:
City of Tukwila, Tukwila Community Center 12424 42nd Ave. S. Tukwila, Wash 98168. Retain
copy three for your records until a fully executed copy is returned to you.
AGREEMENT
This Agreement, made and entered into this _3_ day of _July_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 7/11/19 and be completed no later
than _7/14/19_.
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 _$350.00
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. 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.
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i
' The intent of these documents ietoinclude 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 beasbinding aoifcalled for byall.
' 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 0aterials, labor, tools,
water, power and other items necessary to complete the work.
' UO|eoo otherwise apecified, all nootaha| shall be new, and both workmanship and nlatehe|e
shall beOfgood 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 |imanoeo 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 aho|| notify the City in
writing if the drawings and specifications are at variance therewith.
10' PROTECTION OF WORK, PROPERTY AND PERSONS. The Contractor ehoU udaouahmk/
protect the xvork, adjacent property and the public and shall be responsible for any damage or
injury due toany act orneglect.
11- ACCESS TO WORK. The Contractor shall permit and facilitate observation of the work by the
City and its agents and public authorities atall times.
12. The City may order changes inthe work, the contract aurnbeing adjusted
accordingly. All such orders and adjustments shall be in writing. Claims by the Contractor for
extra cost must bemade inwriting 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 Qty unless
the manufacturer of the equipment or FDmter|a|e has m warranty for o 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. . Should the Contractor neglect to execute the
work proper|y, or fail to perform any provision of the contract, the City, after seven days' written
notice to the contraotor, and his ouFety, if any, may without prejudice to onyother remedy the City
may have, rneka good the deficiencies and may deduct the cost thereof from the payment then or
thereafter due the -'Contract or, at the City's opdon, may terminate tho contract and take
possession of all nnoteria|e, too|a, 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 ohe|| be paid to the C:ontraotor, but if such expense exceeds such unpaid balance, the
Contractor shall pay the difference tothe City.
15. PAYMENTS. Payments shall bemade eaprovided inthe Agreements. Payments otherwise due
may be withheld on account of defective work not remedied, liens filed, damage by the Contractor
to others not mdiusted, or failure to make payments properly to the subcontractors.
16' INSURANCE. The Contractor shall procure and maintain for the duration of the Agreernent,
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 ogents.
CArevised December 2016 Page
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.
18. LIENS. The. ;final payment shall not be due until the Contractor._hgs 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 Agreern ile,�will not discriminate on the grounds of race, religion,cr'sed, 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 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.
27. 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.
28. APPLICAB!�F 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 laidin 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 F TUKWIL
By:
Signatukj—
Printed Name: Tracy Gallaway -Manager
Date: —117]4- 1.01
Date: a -.
CA revised December 2016 Page 5
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:
Tukwila Community Center wail mural area, approximately 200 feet long.
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 $350 (includes sales tax).
2. Total contract amount is not to exceed $350 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.
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'TqK[ONtP�I�[NE
%r H C C
KNOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint,
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 an amount not to exceed
Twelve thousand and 00/100 ( $12,000.00 ).
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopted
by thc•Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANlY at a meeting duly called and held on the I" 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 seat 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 lsl day of June, 2018.11110111",aS�`•........T.1.rl .. .
State of California
AMERICAN CONT CTO S INDEMNITY COMPANY
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County of Los Angeles = y`•. SEPT "• "°°
° Adam S. Pessin, President
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A Notary Public or other officer completing this. certificate verifies only the identity of the individual who signed the document to which
this certificate is attached, and not the truthfulness, accuracy, or validity of'that document.
On this I" day of June, 2018, before me, Sonia O. 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..
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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 June 2019
\\, 11111111N11i/,/
Bond No. 100321041 -a ' o
Agency No. o INCORPORATED
Kio Lo, As nt Secretary 25, 1970 : s
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HCC SZZPOAACIC0612018
visit tmhcc.com/surety for more information
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American Contractors Indemnity Company
an1a.Figueroa St_ Suite mnLos Angeles, CA 90017
main (o1o)s*oonno facsimile (n10)o4syz7^
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Principal:
---' GARY �ARSHALLENTERPRISES) -----
2627GJST
TACOMA, WA 98405
Obligee:
WASHINGTON DEPARTMENT OFLABOR &INDUSTRIES
POBOX 4445O
OLYK8P|A, WA 98504
THIS GOND CONTINUES IN FORCE TO THE ABOVE EXPIRATION DATE CONDITIONED AND PROVIDED
THAT THE LOSSES 0R RECOVERIES IN [TAND ALL ENDORSEMENTS SHALL NEVER EXCEED THE
PENALTY SET FORTH IN THE BOND AND WHETHER THE LOSSES DR 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 June 2019
Company4� American Contractors Indemnity
111CORPORATED =4
SEPT. 25, 1999
LIFO
GARY TURNER Attorney in Fact
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GAR TURNER
82OHARVEY ROAD, SUITE D
AUBURN, VVA980O2