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HomeMy WebLinkAbout4.485 Original Contract i </. -</~5 Contract I_~ &-M., c51005" THIS CONTRACT, made this ~ of DoeembCI 2004, by and between the City of Port Angeles, Washington, hereinafter called "City," and The Paint Store & Home Decorating, Inc., a Washington corporation, with registered office at 3142 Hwy 101 East, Port Angeles, W A 98362, herein called "contractor." IN CONSIDERATION of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties agree as follows; 1. SCOPE OF SERVICES: 1.1 Contractor shall provide required labor and materials for removal of existing carpet and preparation of the floor surfaces, for replacement carpet in the upstairs and downstairs areas of the Port Angeles Senior Center. 1.2 Contractor shall be responsible for removal and disposal of all carpet debris, and Contractor shall be responsible for all permits and licenses. 1.3 Contractor shall supply all needed materials and labor for installation through out the Senior Center of new carpet describes as: Kraus Monument Travertine #877333 with Spill Guard backing, 100% BCF Nylon Solution Dyes, 30 ounce, No zipper, or edge ravel. 4. City shall be responsible for the removal and replacement of all furniture. 2. PAYMENT: For performance of all work by the contractor and compliance with all obligations of the Contractor with this agreement, City shall pay the Contractor a total consideration of $34,841.19, which amount includes payment for applicable taxes, licenses or permits. Payment shall be made as follows: 1. The balance shall be paid within 30 days after completion and receipt of all releases required by law. 3. TIME OF PERFORMANCE: The Contractor shall begin on February 1,2005 and complete work by February 15,2005 unless such time for performance is extended in writing by City upon good cause shown. 4. INDEPENDENT CONTRACTOR STATUS: The contractor is an independent contractor. The Contractor is not an employee of the City and is not entitled to the benefits provided by the City to it's employees. The Contractor has the authority to control and direct the performance of the details ofthe 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, 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, law suits, or expenses, including attorney's fees, arising out of or in connection with the performance of this contract. The Contractor shall conduct the work so not to cause any damage to the Longhouse building or any adjacent city property. In the event the Contractor causes damage to any such property the Contractor shall pay the full costs of repair and restoration of the property. It IS further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Title 51 RCW, solely for the purposes of this indemnification. This waver 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 $2,000,000 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. The Contractor shall also maintain 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 respects work performed by or on behalf ofthe Contractor and a copy of the endorsement naming the City as an additional insured 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 (30) days prior written knowledge of any cancellation, suspension or material change in 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 of the State of Washington. 8. AMENDMENT: No amendment to this contract shall be binding or enforceable unless it is made in writing and executed by duly authorized representative of each party. 9. NON DISCRIMINATION: The parties shall conduct their business in a manner which assures fair and non- discriminatory treatment of all persons, without respect to race, creed, color, sex, Viet Nam era status, disabled veteran condition, physical or mental handicap, or national origin, and, in particular: 1. 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. 2. 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. WAGE RATE FORMS: Before payment is made by the city of any sums due under this contract, the City must receive from the Contractor and each subcontractor a copy of "Statement of Intent to Pay Prevailing Wages" (Form L & I Number F700-029-000) approved by the Washington State Department of Labor and Industries. Upon completion of this contract, the City must receive from the Contractor and each subcontractor a copy of "Affidavit of Wages Paid" Form L & I Number F700-007-000) approved by the State Department of Labor and Industries. In addition, the City must receive from the Contractor a copy of" Request For Release" (Form L & I Number F 263- 083-000) approved by the State Department of Labor and Industries. These affidavits will be required before any funds retained according to the provisions ofRCW 60.28.010 are released to the Contractor. Forms may be obtained from the Department of Labor and Industries. A fee of$25.00 per each "Statement of Prevailing Wages" and Affidavit of Wages Paid" is required to accompany each form submitted to the Department of Labor and Industries. The Contractor is responsible for payment of these fees and shall make all applications directly to the Department of Labor and Industries. These fees shall be incidental to all the bid items of this contract. If using the occupation code for wage affidavits and payrolls, and if the project involves more than one jurisdictional area, the Contractor shall reference the area just after the occupation code number. For example: 10-0010 YaK.E. '; .. 11. TERMINATION The City may terminate this contract at will upon fifteen (15) days written notice to the Contractor for cause. 12. ENTIRE CONTRACT The parties agree that this contract is a complete expression of the terms hereto, and any oral representation or understanding on incorporated herein IS excluded. BY: CITY OF PORT ANGELES: s.\o rv BY: (Name of Person) TITLE: M~YDR j DATED:-tL~()\ ~~ \ \ \ DATED: ~-/5-D5 ATTEST: APjOVED AS T~ 1/ff~? William E. Bloor City Attorney I. -, '- "' , \, , \0 / ' \' :