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HomeMy WebLinkAbout22-094 - Martinson Painting LLC - Foster Golf Clubhouse Exterior Re-PaintCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA98188 CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washirigton, a non -charter optional municipal code city hereinafter referred to as the City," and Martinson Painting LLC, hereinafter referred to as "the Contractor," whose principal office is located at P.O. Box 1848 Milton VVa. 98354 Contract Number: WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditiceis; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1,cooe and Schedule of Serviqes to be tformed 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. gompensatiori 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 exceedS 39,844 3. 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. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing Auoustrfree2022 , and ending 3/4-effiqb crAlt 2022 , unless sooner terminated under the provisions hereinafter specified. 5. gideciendent Contrator. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification, The Contractor shall defend, indemnify and hold the Public Entity, 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 Public Entity. CA Revised May 2020 Page of 1 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 Public Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligerice. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Illsurance, 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, 7. jnsuranee. 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 ail owned, non -owned, hired and leased vehicles, Coverage shall be written on Insurance San/ices 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. Coinntercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall bo 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 Polley with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional insured-Corroeted Operations endorsement CG 20 37 iO 01 or substitute endorsements providing at least as broad coverage. 3. WorkersCompensation coverage as required by the Industrie risurance laws of the State of Washington. B. Public Entity Full Availability of Contractor Limits, If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. 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 excess of the Contractor's insurance and shall not contribute with t. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: 'VII. CA Revised May 2021) Page 2 of 4 E. Veritycation 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. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Subcontractors, The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public; Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. 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. H. Fre to Maintain Insurance. Failure on the part of the Contractor to maintain the 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. 8. Record Peeping and Repertirio. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all; direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and in oections, The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination, This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by ft 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, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assiorr .rent and Subcontract The Contractor shall not assign or subcontract any portion raf the services contemplated by this Agreement without the written consent of the City. 3, Entire Aareement: 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. CA Revised May 2020 14. • II t 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. 1 .1\lotices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City ofTukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent o the address provided by the Contractor upon the signature line below. 16. 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 foos and casts of suit. DATED this .*`.• day of 1-1A4 202-a . CITY OF TUKW A eSIgnecl via SeamlessDocs.com SeGe/kg Key:1 ce,11,527,51.c31 cfb.c1c52,1c1f95 Allan Ekberg, Mayor 08/16/2022 ATTEST/AUTHENTICATED: e igrecl via SeamlessDocs, (,)kted-r9 Key: c10,1,707,00e3a,,cer535G.143.2 City Clerk, Christy O'Flaherty APPROVED AS TO FORM: eSIgnecl via SeamlessDocs.com Q,Scu-t‘K Key: 20c1D0e4,404,1fcc147,1,.,40-e, CONTRACTOR By;. Printeame and Title:a rzy..,1/4 M411 frievvitatr Address: C'9 BiOX 'tie iekir 1 ( q$$?' Office of the City Attorney CA Revised May 2020 Page 4 of 4 PAINTING 1144701 PAARTINSON Martinson Painting, LLC POBox I848 Milton WA 98354 Office: (253) 777-6513 Fax: (253) 770-6042 Descrip ion Exterior Covered Patio Area • Same scope as exterior • Excludes ceiling Estimate 2I04 -03I0-0451 2021-04-02 City OfTukwila -Kris Kelly kri3.ke||y@tukvvi|avva.gov 253'356'7692 Foster Golf Links - Exhibit A 13500 Interurban AVE 5, Tukwilla, WA, 98168 Exterior Re -Paint ~ Pressure wash (apply cleaners as needed) o Mask and cover all non painted areas • Scrape all loose paint o Prime all bare wood with XIM Peel Bond primer • Caulk all cracks, seams, etc. o Mask off gutters • Mask or remove downspouts o Spray body with Rodda Covercoat Satin • Brush and roll trim with Rodda Covercoat Satin • Same colors and same scheme o Paint doors and garage doors • Doors to be painted with Rodda Unique || Low Gloss (Excludes both main entry doors and covered patio area) Colors • Trim: SW 7528 Windsor Greige - Rodda Covercoat Satin • Body: SW 7525 Tree Branch - Rodda Covercoat Satin • Draw downs done Total $2,972.00 $33,250.00 $0.00 Subtotal $38'232.00 Tax $3'532.30 Total $39'844.30 Thank you for the opportunity to bid this pject.|fynuhaveanyquestinnsp|easefee|freetocaU me. Brynna Schoneman Cell: 2533387816 Office: (253) 777-6513 brynna@martinsonpainting.com https://www.martinsonpainting.com For project specific question or concerns please contact: Rob Leonard - Project Manager/Scheduling (253) 250-1655 PA PAINTING NAHB CONTRACTORS Nationsi Association ASSOCIATION of Home Builders mbapierceR ,,A,TlLps Signature Date 2/11 3/11 4/11 5/11 6/11 7/11 Acceptance And Payment Terms: This proposal ("Proposal") is for Martinson Painting, LLC ("Martinson P8iDtiDg^) to provide the work described below (the "Work") in accord with the terms stated below. This Proposal may be accepted by the Customer by physical or electronic signature on this Proposal and the Notice to Customer. Unless otherwise noted in the scope of Work, the agreement between Martinson Painting and [ust0nner[VnSiStsVfthiSPnJpV3d|dndtheGenera|[0nditioD5(thiS"Aoreern8nt")andvviUbe effective as of the date that both Martinson Painting and Customer sign this Proposal. Exclusions: This Agreement covers only those items as described in the contract. Any additional work, changes to the work (including color changes) will be addressed and agreed upon as they occur and will be subject to the changed and additional work provisions of the General Conditions to this Additional Information: Martinson Painting is not responsible if Customer does not like a paint color that has been previously approved. Customer acknowledges that paint and/or stain colors can vary from sample to sample, that all samples are 'representative' only and that exact color matches may vary. Customer's approval of a sample shall be an acceptance of the product color. We are not responsible for poor drywall, wood quality, substrate flaws, etc. However, we will gladly take care of any of the above issues at a fair price in accord with the terms of this Agreement. Martinson Painting abides by all PDCA Standards. www.pdca.org/about-pdca/industry-standards Clean Up: Martinson Painting shall only be responsible for cleaning and maintaining the area in which the work is performed. Martinson Painting will remove and dispose of all debris generated in the performance of the work including removal and disposal of all protective coverings. At the completion 0fthe work, Martinson Painting will sweep and perform an initial 'wipe down' 0fthe work area. Owner understands that dust will continue to settle after Martinson Painting completes its scope of work. Contract Price: The pricing quoted in this Proposal is only effective for 30 days from the date of this Proposal and is thereafter subject to renegotiation and pricing changes. Extra Work: The client/owner, without invalidating this Agreement, may order additional or changed Work in accord with the provisions of this Agreement. Before Job Starts: Before Martinson Painting is on the job, we need to be informed of all requirement to access the work site including alarm codes, keys, etc. Martinson Painting needs to know who is going to be coming and going in and out of the work area to maintain security and safety. Acceptance of Proposal: By my signature below, | accept the terms, exclusions, and conditions of this contract including the Notice To Customer attached below. | further represent that | have full legal authority to execute this Agreement: General Conditions To The Agreement 1. BUILDING CODES. In the event that a building department or other government agency subsequently requires work to be performed by Martinson Painting that is not described within the agreed scope of this Agreement, or in the event that Martinson Painting uncovers or discovers defects or problems in the existing structure which should be corrected to conform to 8/11 safety requirements or standard construction practices. If such conditions affecting the work are observed, Martinson Painting will advise the Customer of any necessary changes in the required work and proceed to perform such changes as extra work in accord with the requirements of Section 4 below. 2. SCHEDULING. Martinson Painting will expeditiously complete the work, subject to availability of materials and access to the work site. Any completion date contained in this Agreement is only an estimate and cannot be guaranteed. Estimates provided for completion of the work are for planning purposes only and represent Martinson Painting's best estimate of the time required but may vary depending upon factors outside of Martinson Painting's control including the availability of paint, equipment, and other factors. 3. CORRECTION OR COMPLETION OF WORK. Prior to making final payment, the Customer may personally review the work performed by Martinson Painting and make note(s) of any items which the Customer believes need to be corrected or completed. This is called a punch list. The punch list shall be signed by the Customer. There will be only one punch list. Martinson Painting shall be given reasonable access and opportunity to perform all work identified on the punch list. The Customer shall not offset the cost of completing any work stated on the punch list against any balance owed to the Martinson Painting. All further work other than the items included on the punch list shall be performed as warranty work as provided for in Paragraph 6 of this Agreement. Any accrued balance owing and unpaid to Martinson Painting, regardless of whether the amount in dispute is liquidated or unliquidated, shall bear an interest of 12% per annum from the date of invoice. 4. CHANGES IN THE WORK. The Customer may request changes, additions, or modifications in the scope of work or other modifications of the Agreement. These requests may be agreed upon orally ("Extra Work") or in writing. If agreed upon in writing, such changes or modifications shall be identified and agreed upon in a written change order ("Change Order") prepared by the Martinson Painting and signed by both parties. The "markup" rates applicable to Extra Work include all charges for profit, overhead, and other indirect costs applicable to the Extra Work. Labor Rate: Unless otherwise agreed in writing and signed by both parties, all Extra Work and Change Orders performed by Martinson Painting shall be billed by Martinson Painting at a flat labor charge of $65.00 per hour or as otherwise agreed in writing. The flat hourly labor charge applied to Extra Work may be substantially more or less than the actual cost of labor to Martinson Painting, and includes Martinson Painting's labor burden, indirect costs, overhead and profit. Materials: Materials and consumable products incorporated into the Extra Work will be billed at cost plus 20% markup. Subcontractors, Equipment, and other Direct Costs: will be billed at cost plus 15% markup. 1. DISPUTES AND REMEDIES, If a dispute should arise between the parties, the parties shall promptly meet and attempt in good faith to resolve it. Openness, fairness, and good faith are required of both parties. Any unsettled disputes between the parties shall be decided by an action filed in an appropriate court ofjurisdiction. In the event a dispute or lawsuit arises and one or both parties seek and receive the assistance of legal counsel, the prevailing party shall be paid attorney fees and costs by the non -prevailing party. 2. WARRANTY Martinson Painting warrants that all labor, materials, and taxes will be paid for, and there will be no potential lien claimants upon the completion of the work and final payment by the Customer. All work will be performed in a commercially reasonable manner and there will be 9/11 no defects in workmanship. Martinson Painting will promptly return to the project and repair or replace, as reasonably neessary, any defect in workmanship at Martinson Painting's sole expense. Martinson Painting's warranty obligations expires without notice twelve (12) months (the "Warranty Period") from the date of substantial completion of the scope of work required by this Agreement. Exclusions to the warranty: Flat surfaces, such as decks and exposed railing surfaces; any work done with homeowner supplied paint or materials; bubbling, chipping, or cracking of the paint that is determined to be caused by the condition of the substrate; areas damaged by any natural disaster, extreme weather conditions, flooding; areas subject to standing water (such as deck or railing surfaces); areas of high moisture intrusion; or any conditions that are outside manufacturer's label Any legal or equitable claim or cause of action asserted by the Customer related directly or indirectly to the work performed under this Agreement must accrue and be filed as a Iawsuit within four (4) months of the expiration of the Warranty Period. If a lawsuit is not so filed, or if any cause of action related to this Agreement does not accrue within four (4) months of the expiration of the Warranty Period, then all legal rights to pursue any such claim or cause of action related to this Agreement is forever waived. -`VVdrrdnty work performed by Martinson Painting does not extend the Warranty Period. The warranty obligation is void if a person or firm other than Martinson Painting performs or re -performs any work within the scope of this Agreement. Martinson Painting is not responsible for consequential damages of any kind. This warranty is non -transferable. THIS WARRANTY IS GIVEN IN LIEU OF ANY EXPRESS OR IMPLIED WARRANTIES OTHERWISE PROVIDED UNDER THE LAWS OF WASHINGTON, INCLUDING ANY WARRANTIES OF FITNESS, MERCHANTABILITY OR HABITABILITY Manufactured or consumer products such as paint, roofing materials, siding, hardware, windows, fixtures' etc. are not warranted by Martinson Painting. If a customer encounters a defect in a manufactured or supplied product, Martinson Painting agrees to assign whatever manufacturer's or supplier's warranties to the Customer and assist the Customer in securing repair or replacement of these products pursuant to the particular manufacturer's or supplier's warranty, if any. 1. HAZARDOUS WASTE. The Martinson Painting is not responsible for the discovery or removal of asbestos or other hazardous waste. If asbestos or other hazardous waste is discovered during the course of the Martinson Painting's work, the Martinson Painting shall promptly notify the Customer and the applicable governmental agency. It shall thereafter be the Customer's responsibility to contact a certified hazardous waste removal Martinson Painting in order to perform all asbestos or hazardous waste removal. Z. NOTICE TO CUSTOMER: .State law requires Martinson Painting to inform you of your legal rights concerning compliance with Martinson Painting registration requirements in the State of Washington. The "Notice To Customer" required by Washington statute RCW 18.37.114 follows: NOTICE TO CUSTOMER This contractor is registered with the state of Washington, registration no. MARTIPL959NU and has posted with the state a bond or deposit of $6,000.00 for the purpose of satisfying claims against the contractor for breach of contract including negligent or improper work in the conduct of the contractor's business. The expiration date of this contractor's registration is September 28 each year and is required to be renewed annually. THIS BOND OR DEPOSIT MIGHT NOT BE SUFFICIENT TO COVER A CLAIM THAT MIGHT ARISE FROM THE WORK DONE UNDER YOUR CONTRACT. This bond or deposit is not for your exclusive use because it covers all work performed by this contractor. The bond or deposit 5 intended topay valid claims uptO$5'U0O.0Othat you and other customers, suppliers, subcontractors, or taxing authorities may have. FOR GREATER 10/11 contractually defined percentage of your construction contract as retainage for a stated period of time to provide protection to you and help ensure that your project will be completed as required by your contract. YOUR PROPERTY MAY BE LIENED. If a supplier of materials used in your construction project or an employee or subcontractor of your contractor or subcontractors is not paid, your property may be liened to force payment and you could pay twice for the same work. FOR ADDITIONAL PROTECTION, YOU MAY REQUEST THE CONTRACTOR TO PROVIDE YOU WITH ORIGINAL "LIEN RELEASE" DOCUMENTS FROM EACH SUPPLIER OR SUBCONTRACTOR ON YOUR PROJECT. The contractor is required to provide you with further information about lien release documents if you request it. General information is also available from the state Department of Labor and Industries. I have received a copy of this disclosure statement.