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Home My WebLink About4.477 Original Contract </. -<t 77 Contract THIS CONTRACT, made this 11th day of October 2004, by and between the City of Port Angeles, Washington, hereinafter called "City," and Taylor-Sparks Refrigeration, Inc., 1203 Monroe Rd. 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. The Contractor shall furnish the equipment and perform the labor for installation of the equipment and the existing walk-in freezer and walk-in cooler equipment located at the Senior Services Center. 2. Equipment to be furnished and installed: LARLHT005 Cooler condensor sled assembly complete LARLCA6-62AA 115V 6200 BTU evaporative coil SPOEBFVEAC3X40DF30" txv balanced port R-22 SPOME6S130 3/8 ODF solenoid valve SPOMKCl-120V Solenoid valve LARLHTO 14LBF Freezer condensor sled assembly complete with required defrost timer LARLCE6-65BA 230/1 6,500 BTU evaporator wlelectrical defrost system SPOEBFSEAZ3X40DF30"R404A507 12- 1 TON TXV SPOME6S130 3/8 ODF solenoid valve SPOMKC 1-120V Solenoid coil 3. All required labor, equipment and materials, including electrical and plumbing installation and removal and disposal of old units. Contractor shall be responsible for all permits and licenses. 4. The Contractor shall warrant materials and labor for a period of one year. 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 $9,581.16, which amount includes payment for materials, applicable taxes, licenses or permits. Payment shall be made as follows: 1. Payment for materials upon receipt of an invoice. 2. The balance shall be paid upon completion and receipt of all releases required by law. 3. TIME OF PERFORMANCE: The Contractor shall begin on November 1, 2004, and complete work by November 15, 2004, unless such time for performance is extended in writing by City upon good cause shown. 4. INDEPENDENT CONTRACTOR 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 it's 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, 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 of the 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 ifthe 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. CONTRACTOR: CITY OF PORT ANGELES: ATTEST: (City Clerk) APPROVED AS TO FORM: J~k- (City Attorney) 11-10-04, 3:22PM 360 457 2046;# , -ACORD", CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIODIY'l'Y'l'I 11/10/2004 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATlON ltea Henghaw :Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTlFICATE HOLDER. THI9 CERTIFICATE DOES NOT AMEND, EXTEND OR 228 W 1st suite p AI.. TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Port Augeles, WA 98362 360 457-0113 INSURERS AFFORDING COVERAGE NAlC# INSURED TAY1.0R-SPARKS RBFERJ:~TI:ON' INSURER A; TRtTCK :l:MSURANCE EXCHANGE INSURER B. 1203 MODOE RD INSURER c: PORT ANGELES, NA 98362 INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELow HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONiRACT OR OTHER DOCUMENT WliH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUaJECT TO ALL THE TERMS, EXCLUSIONS AND CONomONS OF SUCH POLICIES AI3GREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~= ~'L POLICY NUMBER PO El!!FECTIVE PIRATlON LIMITS NBRD ~NERAl LIABILIlY EACH OCCURRENCE 15 1,000,000 ~ 3MMERCIAL BENERAL LIABILlTr ~~~~'E:~Ea OCQJI8f\ee\ $ 75,000 CLAIMS MADE ~ OCCUR MED EXP (Any 0'10 persoo) $ S,OOO I--- A 60231-33-98 01-01-04 01-01-05 PERSONAl. eo f;DV I~URY 5 1,000,000 GENERAl AGGAEGATIE III 1,000,000 ~'L AGGRnE LIMIT APMS PER: PRODUCTS. COMPIOP AGG IB 1,000,000 POUCY P,:,Qr lOC ~TOMOeILE LIABILITY COMBINED SINGLE UMIl" S AAYAUTO (Ea8CdllOm) - - ALL OWNED A.UTOB BODILY INJURY (Por p81ll0n) 15 - SCHEOULEDAUTOS - HIRED AUTOS BOOILYI~URY (Petacddonl) s - NON-OWNEOAUl"OS f-- PROPERTY DAMAGE II (Per Beddent) RAGE LJAalLlTr AUTOONLY.EAACCloENT 15 AN'( AUTO OTHER THAN EAACC IB IlUTOONLY' AGG S EXCESSiUMElREl.I.A LIABILIlY EACH OCCURRENCE S =:1 OCCUR 0 CL.AIMGMADE AGGREGATE $ s q DEDUCTIBLE $ A~NTION $ S WORJ(~IiS COMPENSATION AND I ~~~r~.!.~;" I Iom= EMPLOYERS' UABILITY E.L. EACH ACCIDENT :Ii AJolY PFlO'A1!TOR1PARTNE~CUTlIII; OFF1CEMl~MBEA EJ(CWC~1)1 E.L DISEASE. EA EMPLOYE S ~~C~~~~r's~NS t..IOW E.L DISEASE. POUCY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS/VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Certificate holder is named ~g additional insured. with regpects to iQsured operations. CERTlFIC4TE HOLDER CZ'1'Y OF PORT ANGELES 521 EAST 5TH PORT ANGELES, WA 983603 CANCELLATION SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BfFORE THe EXPIRATIO DATE THEREOF. THE ISSUING INSUReR WilL ENDEAVOR TO MAIL..3..L DAYS WRlirEN NOTICE TO THE CERTIFICATIE HOLDeR NAMED TO THE LEFT. BUT FAILURE TO co SO SHALL IMPOSE: NO OBl.IGATION OR UABIUTY OF ~Y KIND UPON THE INSURER, ITS AGENTS OR REPA SE "TIVES. AUTH D REPRESE ACORD 25 (2001/08)