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Home My WebLink About4.503 Original Contract <I. 5D ~ SERVICE CONTRACT THIS CONTRACT, made this ~tYL day of ~5 by and between the City of Port Angeles, Washington, hereinafter called "City" and ASM Signs, 1327 East First Street, Port Angeles, Washington, herein called "Contractor". IN CONSIDERA nON of the payments, covenants, and agreements made and to be performed by the parties hereto, the parties agree as follows; 1. SCOPE OF SERVICES: The Contractor shall furnIsh the equipment and perform the labor for installation and removal each week 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. Contractor shall obtain banner( s) with a job work order from the City Hall Recreation Office not later than 3 :00 p.m. each Friday of each week. b. All work shall be completed by 6:00 a.m. each Monday morning, or by 6:00 a.m. the Tuesday after a holiday. c. Contractor to ensure that the text for all banners shall be readable by on-commg vehicular traffic. Ifbanners are deficient in quality in any way, the Contractor will immediately notify City staff of the need for repair or replacement. d. All required labor and equipment will be provided by Contractor. e. Contractor to provide all warning devices (cones, etc), to alert approaching drivers of work in progress. 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 One banner to be installed with removal of banner Two banners to be installed with removal of banners Three banners to be installed with removal of banners $37.50 +tax $75.00 +tax $126.88 +tax $175.00 +tax For performance of all work by the Contractor in accordance with all obligations of the Contractor under this agreement, City shall pay the Contractor a total conSIderation of not to exceed $10,000.00, which amount includes payment for materials, applicable taxes, licenses or permits. 3. TIME OF PERFORMANCE The contract period shall be from ~ . S". , 2005 to 'is''. 'S' ,2006. 4. INDEPENDENT CONTRACOTR STATUS: The relation 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, has the authority to control and direct the performance of the details of the services to be provided. The 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, law suits, or expenses including attorney's fees, arising out of or in connection with the performance of this contract except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this contract 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 RCW 5 C, solely for the purposes ofthis indemnification. ThIS waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this contract. 6. INSURANCE: The Contractor shall maintain a commercial general liability insurance policy written on an occurrence basis by a company licensed to write insurance coverage within the state of Washington with limits no less than $1,000,000 combined single lImIt per occurrence and $1,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations; broad-form property damage; and underground if applicable; and automobile liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage. Any payment of deductible or self- insurance retention shall be the sole responsibility of the Contractor. The City shall also be named as an additional insured on the commercial general liability insurance policy, as respect to works performed by or on behalf of the Contractor and a copy of the endorsement naming the City as an additional msured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's insurance shall be primary insurance as respect to the City and the City shall be given thirty (30) days prior written knowledge of any cancellation, suspension or material change III coverage. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except to the limits of insurer's liability. 7. APPLICABLE LAW: This contract shall be governed by, and construed in accordance with, the laws ofthe State of Washington. 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. 9. NON-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, 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 -discriminatory 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. TERMINATION: Either party may terminate this contract at will upon thirty (30) days written notice to the other party. 11. ENTIRE CONTRACT: The partIes agree that this contract is a complete expression of the terms hereto and any oral representation or understanding not incorporated herein is excluded. CONTRACTOR: ASM Signs Mike Millar, Owner 1327 E. First Street Port Angeles, W A 98362 BY:~ ~- CITY OF PORT ANGELES 321 E. 5th Street Port Angeles, W A 93862 BY: ~-/~ DATED: ~. 'L . D ~ DATED: '!7~~ ATTEST: By: &~ ~^- (City Cle Date: g- J'T -05 APPROVED AS TO FORM: i~A: Bill Bloor, City Attorney , ,- G \PARKS\Contracts\ASM Signs_final doc . SIGNS PENINSULA'S FINEST 1327 E. FIRST ST. PORT ANGELES, WA. 98362 PHONE (360) 452-7785 FAX (360) 452-8029 July 12th 2005 REVISED City of Port Angeles 321 E. 5th St., Port Angeles, WA. 98362 Street Banners Collect Banners from Parks Dept., Friday afternoon or Monday morning. Install banners per locations on Front and First St. Two men and bucket truck, rates at $75.00 per hour for current year, time will be charged in half hour increments. Price includes removal of existing banner and re-installation of new banner. Price for one banner to be installed with removal of banner 1.0 hour $75.00 +tax Price for two banners installed on same day two locations with removal 1.75 hours $126.88 +tax Price for three banners installed on same day three locations with removal 2.50 hours $175.00 +tax If an extra man is required to be a f1agger an extra $45.00 per hour will be charged. If one only banner has to be removed cost will be the half hour increment .50 hour $37.50 +tax Based on the above prices, one banner installed at the one hour rate, the cost for 50 banners will be $3,750.00 +tax Thankyou for this opportunity. ~er )0-