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HomeMy WebLinkAbout001337 Original Contract City of Port Angeles Record#001337 Service Contract THIS CONTRACT is made and entered, as of the date of the last signature affixed below,by and between the City of Port Angeles, Washington, hereinafter called"City"and ASM Signs, 1327 East First Street #A,Port Angeles,Washington, hereinafter called"Contractor." IN CONSIDERATION of the payments,covenants,and agreements hereinafter mentioned,to be made and performed by the parties hereto,the parties agree as follows: 1. SCOPE OF SERVICES: The Contractor shall furnish 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 banner on First Street near Francis Street, Port Angeles, Washington. a. All banner coordination and correspondence will be conducted through the City Parks& Recreation Department's Facilities& Events Coordinator. b. All banners from the private sector must be dropped off at ASM Signs instead of the Parks& Recreation Office. 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 ins-tailed will be delivered to the Contractor by the Thursday afternoon 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. All work by the Contractor shall be completed by a reasonable time each Monday morning, or the Tuesday following a Monday holiday. e. Contractor must ensure that the text for all banners shall be readable by on-coming vehicular traffic. If banners are deficient in quality in any way,the Contractor will immediately notify the Facilities&Events Coordinator of the need for repair or replacement. f. All required labor,equipment,and fuel will be provided by Contractor. g. Contractor will provide all warning devices(cones,etc.), to alert approaching drivers and pedestrians of work in progress, It. The banners shall be installed and removed from a height of approximately 30 to 35 feet. A bucket 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 I lealth Administration (OSHA)regulations on fall protection. j. Any debris generated from the work described shall be the responsibility of the Contractor. 2. PAYMENT: Contractor shall provide a monthly invoice for work completed. Payment shall be made as follows: No banner to install, but one to remove $85.00+tax One banner to install with removal of one banner $95.00 +tax Two banners to install with removal of two banners $175.00+tax Three banners to install with removal of three banners $235.00+tax The maximum amount the Contractor can receive in one year from the above pricing is $I 1,700.00 plus tax. Any additional costs, such as additional requests by the Parks&Recreation Department or 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 1,2018, and ending December 31, 2018. Nothing contained in this agreement shall be construed as (1)binding the City to expend in any one calendar year any sun in excess of appropriations made by the City in its budget process for the purposes of this agreement for that calendar year or(2)obligating the City to further expenditure of money in excess of such appropriations, 4. INDEPENDENT CONTRACTOR STATUS The relationship created by this contract is that of employer/independent Contractor.The Contractor is not an employee of the City and is not entitled to the benefits provided by the City to its employees. The Contractor is an independent Contractor and has the authority to control and direct the performance the within the scope of work. 'rhe Contractor shall assume full responsibility for the payment of all federal,state, 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 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 darnages,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. 6. 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, a. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: i. Automobile Liability insurance covering 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. ii. 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. 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 shall be named as an 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 equivalent coverage. iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. b. Minimum Amounts of Insurance 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. Conunercial General Liability insurance shall be written with limits no less than 51,000,000 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 insurance coverage shall be primary insurance as respect 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 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, return receipt requested, has been given to the City. & Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VlI, e. 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. f. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the 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 of the State of Washington. Venue for any disputes shall be in the Superior Court of Clallarn County. 8. AMENDMENT: No amendment to this contract shall be binding or enforceable unless it is made in writing and executed by a duly authorized representative of each party. 9NON-DISCRIMINATION: The parties shall conduct their business in a manner which assures fair,equal and non-discriminatory treatment of all persons, without respect to race,creed,color, sex,Vietnam era veteran status, disabled veteran condition,genetic infon-nation, sexual orientation,physical or mental handicap,or national origin, and, in particular: a. The parties will maintain open hiring and employment practices and will welcome applications for employment in all positions from qualified individuals who are members 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-disc rinamatory requirements in hiring and employment practices and assuring the service of all patrons and customers without discrimination with respect to the above-stated minority status. 10. TERMINATIOM Either party may terminate this contract at will upon thirty(30)days written notice to the other party. 11. ENTIRE CONTRACT: 'rhe parties agree that this contract is a complete expression of the terms hereto and any oral representation or understanding not incorporated herein is excluded. IN WITNESS WHEREOF,the parties hereto caused this Contract to be executed the day and year first hereinabove written. CONTRACTOR CITY OF PORTANGELES ASM Signs 321 East Fifth Street 1237 East First Street#A Port Angeles, WA 98362 Port Angeles, WA 98362 BY: BY: Mike Millar,Owner D n McKeen, City Manager DATE: q q" DATE- AT'rEST; Jennifer Veneklasen,City Clerk AP )VED AS 0 William.E. Bloor, City Attorney