The URL can be used to link to this page

Home My WebLink About001158 Original ContractService Contract THIS CONTRACT is made and entered, as of the &te of the last signature affrxed below, by and between the City of Port Angeles, Washington, hereinafter called "City" and ASM Signs, 1327 East First Street #A, Port Angeles, Washin$on, hereinafter called "Contractor." IN CONSIDERATION ofthe payments, covenants, and agreernents hereinafter mentioned, to be made and performed by the parties hereto, the parties agree as follows: 1. SCOPE OF SERVICES: The Contractor shall fumish the equipment, fuel, and perform the labor for installation and removal of promotional street banners at three specified locations; two banners on Front Street and one barner on Ftst Stre€t near Francis Street, Port Angeles, Washinglon- a. All banner coordination and correspondence will be conducted through the City Parks & Recreation Department's Facilities & Events Coordinator. b. A1l banners from the private sector must be dropped off at ASM Signs instead of the Parks & Recreation Offrce. The Contractor will be provided a contact list of names and numbers each week from the City so coordination can be done by the Contractor. c. All City-owned banners that need to be installed will be delivered to the Contractor by the Thursday aftemoon prior to the scheduled Monday installation date. The City Facilities & Events Coordinator will send an email during the week before installation to confirm the drop-off d. A1l work by the Contractor shall be completed by a reasonable time each Monday morning, or tle Tuesday following a Monday holiday. e. Contractor must ensure that the text for all banners shall !s 1eada61. 6y on-coming vehicular traffic. lfbanners are deficiant in quality in any way, the Contractor will immediately notiff the Facilities & Evenls Coordinator of the need for repair or replacernent. f. All required labor, equipment, and fuel will be provided by Contractor. g. Contractor will provide all waming devices (cones, etc.), to alert approaching drivers and pedestrians of work in progress. h. The banners shall be installed and rernoved fiom a height of approximately 30 to 35 feet. A bucka truck or equipment that can reach the minimum of that height shall be used by the Contractor- i. The Contractor is required to follow current Occupational Safety and Health Administration (OSIIA) regulations on fall protection. j. Any debris generated from the work described shall be the responsibility ofthe Contractor. S80.00 + tax $90.00 + tax S160.00 + tax $210.00 + tax The maximum amount the Contractor can receive in one year from the above pricing is $10,920.00 plus tax. Any additional costs, such as additional requests by the Parks & Recreation Department or City of Port Angeles Record #001158 2. PAYMENT: Contractor shall provide a montlly invoice for work completed- Payment shall be made as follows: No barmer to install, but one to remove One banner to install with removal of one banner Two banners to install with removal of two banners Three barmers to install with removal of three banners repairs needed to the banner infrastructure, will need to be billed separately and not included in the regular monthly invoice. 3. TIME OF PERFORMANCE: The contract period shall be for a period of twelve (12) months starting, January 1, 2017, and ending December 31,2017. Nothing contained in this agreernent shall be construed as (1) binding the City to expend in any one calendar year any sum in excess of appropriations made by the City in its budga process for the purposes ofthis agreernent for that calendar year or (2) obligating the City to firther expenditure of money in excess of such appropriatiors. 4. INDEPENDENTCONTRACTORSTATUS The relationship created by this contract is that of ernployer/independert Contractor. The Contractor is not an employee ofthe City and is not entitled to the benefits provided by the City to its ernployees. The Contractor is an independent Contractor and has the authority to control and direct the perforrnance the within the scope of work- The Contractor shall assume full responsibility for the payment ofall federal, statg and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, social security, industrial insurance, and income tax. 5. HOLD HARMLESS AND TNDEMNIFICATION: The Contractor shalt defend, indernnifu and hold the City, its oflicers, offrcials, ernployees and volunteers harm.less from any and all claims, injuries, damages, losses or suits including attomey fees, arising out ofor in connection with the performance ofthis Agreernent, except for injuries and darnages 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 ofbodily injury to persons or damages to property caused by or resulting from the concurrent negligence ofthe Contractor and the City, its officers, oIficials, employees, and volunteers, the Contracto/s liability heretrnder shall be only to the extent ofthe 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 5l RCW, solely for the purposes ofthis indernnification. This waiver has been mutually negotiated by the parties. The provisions ofthis section shall survive the expiration or termination of this Agreement. 6. INSURANCE: The Contractor shall procure and maintain for the duration ofthe Agreernent, insurance against claims for injuries to p€rsons or darnage to property which may arise from or in connection with the performance ofthe work hereunder by the Contractor, their agents, representatives, ernployees, or subcontractors. a- Minimum Scope of Insurance Contractor shall obtain insurance ofthe types described below: i. Automobile Liability insurance covering all owned, non-ownd hted and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) fomr CA 00 0l or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to pmvide contractual liability coverage. ii. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from prernises, 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 Aggegate per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification ofthe Cornmercial General Liability insurance for liability arising from explosiorL collapse or underground property damage. The City sball be named as an insured under the Contractor's Commercial General Liability insurance policy with resp€ct to the work performed for the City using ISO Additional Insured endorsement CG 20 l0 l0 0l and Additional Insured{ompleted Operations endorsernent CG 20 37 l0 0l or substitute endorsernents providing equivalent coyerage. iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. b. Minimum Amounts of lnsurance Contractor shall maintain the following insurance limits: i. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. ii. Commercial General Liability irsurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. c- Other Insurance Provisions i. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance. The Contractor's insu?nce coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess ofthe Contractor's irsurance and shall not contribute with it. ii. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, raum receipt requested, has been given to the City. d. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VIL e. Verification of Coverage Contractor shall fumish the City with original certificates and a copy ofthe amendatory endorsernents, including but not necessarily limited to the additional insured endorsement, widencing the insurance rcquirements ofthe Contractor before commencernenl ofthe work. f. Subcontractors Contractor shall include all subcontractors as ilsureds under its policies or shall fumish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all ofthe same insurance requirements as stated herein for the Contractor. 7. APPLICABLE LAW: This contract shall be governed by, and construed in accordance with, the laws ofthe State of Washington. Venue for any disputes shall be in the Superior Court of Clallam County. 8. AMENDMENT: No amendm€nt to this contract shall be binding or enforceable unless it is made in writing and executed by a duly authorized r€,?resentative of each pfity. 9. NON-DISCRIMINATION: The parties shall conduct their business in a manner which assures fair, equal and nondiscriminatory treatmert ofall persons, without respect to race, creed color, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin, and, in particular: a. The parties will maintain open hiring and employmerf practices and will welcome applications for employment in all positions from qualified individuals who are mernbers of the above stated minorities. b. The parties will comply strictly with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of non{iscriminatory requirements in hiring and ernployment practices and assuring ttre service ofall patrons and customem without discrimination with respect to the above-stated minority status- 1I. ENTIRECONTRACT: The parties agree that this contract is a complete expression ofthe terms hereto and any oral representation or understanding not incorporated herein is excluded- IN WTINESS WHEREOF, the parties hereto caused this Contract to be executed the day and year fiIst hereir:above written. CONTRACTOR ASM Signs 1237 East Fint Street #A Port Angeles, WA 9 BY: CITY OF PORT ANGELES 321 F-ast Fifth Street Port Angeles, WA 98362 Mike Millar, Owner DATE: \A-- 24' \1- Dan McKee!, City Manager tJlZol fioDATE: Jerurifer Voreklasen, City Clerk OVED AS TO Bloor, City Auomey 10. TERMINATION: Either party may terminate this contract at will upon thirty (30) days written notice to the other party. BY: