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Home My WebLink About4.487 Original Contract </. </g 7 ~ORT NGELE:S WAS H I N G TON, U. S. A. PUBLIC WORKS & UTILITIES DEPARTMENT June 28, 2005 ' , "-" , ," Andrew May Mayflower Horticulture 83 Westridge Road Port Angeles, W A 98363 , ';.. " . Re: East Entrance Sign Project , ,':; "~ ,j , (, :, , .) ,~ , .~.- ^,. ~- " \l ^ '< \(~ , , -~.t ~~:'~\"<t , ,;<~ :, \,-., Dear Andrew: :--, }: -~ - ..=- Due to scheduling circumstances, we are extending the completion date for the East Entrance Sign Project to July 18, 2005 per contract item #3 and the revised schedule that you presented to Allan 1. Goff on June 23,2005. , " ,:', ~ ~ " , ' \ You have agreed to provide consistent staffing to ensure project completion by July 19, 2005. " , t/.; Weare looking forward to seeing the finished results. ... - ~ '~~~,." , .; Sincerely, ,I >', /kL.~ Glenn A. Cutler, P .E. Director of Public Works & Utilities cc. Allan J. Goff, Deputy Drrector ofRecreahon MIke Puntenny, Deputy Director of Operahons G Parks/A May/6-28-05 letter 321 EAST FI FTH STREET e POBOX 1 150 · PORT ANGELES, WA 98362-0217 PHON E 360-417-4805. FAX 360-417-4542 III TTY 360-417-4645 E-MAIL publlcworks@cltyofpa us <I. <I~ 7 .- Contract THIS CONTRACT, made this 25th day of March 2005 by and between the City of Port Angeles, Washington, hereinafter called "City," and Andrew May dba Mayflower Horticultural Service, 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: a. The Contractor shall furnish the design, labor and equipment for installation of We1come Sign landscaping water feature and accessories per approved plan dated April, 2004. Contractor to coordinate services with the City and Jackson Signs. b. Materials and Equipment: All water feature equipment; irrigation parts, plants, wood elements, lighting, rock scree and materials required to complete project design and intent. c. The Contractor shall warrant materials and labor for a period of one year assuming proper maintenance. 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 $14,978.00, which amount includes payment for labor, applicable taxes, licenses or permits. Payment shall be made as follows: 1. Design fees shall be paid within 15 days of the signing of both parties of this agreement. ($2,100.00) 2. 50% of remaining balance ($12,878.00) shall be paid upon 50% of work completion. (=$6,439.00) 3. The balance shall be paid upon completion and final acceptance of said project. 3. TIME OF PERFORMANCE: The Contractor shall begin on April 11, 2005, and complete all work on or before July 4, 2005, 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 employerlindependent 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 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. CONTRACTOR: CITY OF PORT ANGELES: BY: aJrwMr fj rmr 17 B. /). Mft.'1 FLOweR- HOQT SE(lUIGIES DATED: 03-~S-0S BY:~j2..:.- DATED: ~/...s-/a-s- ATTEST: (City Clerk) APPROVEDASTOFORM:d~ ~ (City Attorney) ." , ,/