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Home My WebLink AboutPK1998-0303 - Original - Juraszek Concrete Construction - Renovation of Artwork at Kent Regional Library - 08/01/1998 CITY OF KENT PARKS AND RECREATION DEPARTMENT PROFESSIONAL SERVICE AGREEMENT WITH JURASZEK CONCRETE CONSTRUCTION This Agreement is made this 21ST day of July, 1998, by and between the City of Kent, a Washington municipal corporation (hereinafter the"City"), and, Juraszek Concrete Construction, located and doing business at P.O. Box 98395, Des Moines, Washington 98198 (hereinafter the"Contractor"). RECITALS 1. WHEREAS, the City is undertaking certain activities necessary to further public awareness and interest in recreation, culture and the arts; and 2. WHEREAS, the City desires to engage the Contractor to render certain technical or professional service in connection with the City's undertaking; and 3. WHEREAS, the Contractor agrees to perform those services for the City under the terms and conditions set forth in this Agreement; NOW, THEREFORE, In consideration of the mutual promises set forth herein, it is agreed by and between the City and Contractor: SECTION ONE - DESCRIPTION OF WORK The work to be performed by Contractor includes all services generally performed by Contractor in Contractor's usual line of business for the undertaking, as described in Exhibit A attached hereto, ineluding, but not limited to, the following: Description: Renovation of the Artwork: "SENTINEL; KENT". Start Time/Duration/Stop Time: August 1, 1998 to October 31, 1998 Location: Kent Regional Library, 212 Second Avenue, Kent. limited-te blaek and white glessy pheteglFaphS, b*GgFaph*G desr.FiPti9R6, pFeffam FnatWia!6) Rot Ie6s than 6ix weeks PFi9F t9 the Riti;31 PVPRt date. All publiGity and PFGFnetieRal MateFials Felea6ed to the media by the GeRtFaGt9F Shall GF9dit the Gity ef Kent SECTION TWO- PAYMENT The City will pay the Contractor the total sum of six thousand nine hundred twenty three dollars and .60 cents ($6,923.60) plus sales tax at 8.6%, five hundred ninety five dollars and .38 cents($595.38)for a grand total of seven thousand five hundred eighteen dollars and .38 cents ($7,518.38) for the work to be performed under the Agreement upon satisfactory completion of all services and requirements specified herein. Payments will be made upon a percentage of completion as set forth below: Payment 50% ($3,759.19) upon execution of contract. Payment 50% (3,759.19) upon completion of work. 1 Invoices covering services performed and charges incurred by the Contractor will be submitted to the City within ten (10)days after their accrual. The City shall make all necessary disbursements within thirty (30) days of the date the service is performed and all invoices are received. SECTION THREE -RELATIONSHIP OF PARTIES The parties intend that an independent contractor-employer relationship will be created by this Agreement. As Contractor is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub-contractor of Contractor shall be or shall be deemed to be the employee, agent, representative or sub-contractor of the City. In the performance of the work, Contractor is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-contractor of the Contractor. Contractor will be solely and entirely responsible for its acts and for the acts of Contractor's agents, employees, representatives and sub-contractors during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that Contractor performs hereunder. SECTION FOUR- EVALUATION Although the Contractor shall have the authority to control and direct the performance and details of the work contemplated by this Agreement, the work must also meet the approval of the City and shall be subject to the City's general right of inspection and supervision to secure the satisfactory completion thereof. Contractor agrees to cooperate in this evaluation process and to make available to the City all information required by such evaluation process. Contractor agrees to comply with all federal, state and municipal laws, rules, and regulations that are now or may in the future become applicable to Contractor or Contractor's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. SECTION FIVE- LIABILITY The work to be performed under this Agreement will be performed entirely at Contractor's risk, and Contractor assumes all responsibility for the condition of Contractor's tools and equipment used in the performance of this Agreement. SECTION SIX-INSURANCE Contractor agrees to procure and maintain for the duration of the contract such insurance as will fully protect both Contractor and the City from any and all claims under any worker's compensation act and from any and all other claims of whatsoever kind or nature for the damage to property or for personal injury, including death, made by anyone whomsoever, that may arise from operations or the performance of services under this Agreement, either by the Contractor, any subcontractor or anyone directly or indirectly engaged or employed by them. Before beginning work on the project described in this Agreement, the Contractor shall provide a certificate of insurance evidencing coverage in an amount equal to$1,000,000 combined single limit per occurrence of bodily injury, personal injury and property damage. 2 SECTION SEVEN -INDEMNIFICATION The Contractor agrees to indemnify, defend, and save harmless the City, and King County and the State of Washington when any funds for this Contractor are provided by the county or state, their officers, employees and agents, from any and all claims, actions,judgments, losses, costs, including attorneys'fees or awards of damages whatsoever, including claims arising by reason of accident, injury or death caused to persons or property of any kind, arising out of, or in connection with, or incident to, the performance of the work by contractor under this Agreement, except caused by the sole negligence of the City. Claims shall include, but not be limited to, assertions that the use or transfer of any software, book, document, report,film, tape or sound reproduction material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent trademark, trade name, or otherwise results in unfair trade practices. SECTION EIGHT-USE OF CITY PROGRAM MATERIALS Contractor shall not, without written approval/permission of the City, use participant roster or related program materials for any purpose outside this Agreement including, but limited to, solicitation of participants for contractors use in competition with City programs. SECTION NINE-DISCRIMINATION In the hiring of employees for the performance of work under this Agreement, the Contractor, subcontractor, or any person acting on behalf of such Contractor shall not by race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap, discriminate against any person who is qualified and available to perform the work to which the employment relates. SECTION TEN -TERMINATION AND BREACH The City reserves the right, at its sole option, to terminate this Agreement upon giving ten (10)days written notice to Contractor due to loss of funding, in the event for which services required herein become not feasible, or for Contractor's failure to comply with the terms and conditions of this Agreement. All costs incurred by the City due to Contractor's failure to comply with the terms and conditions of this Agreement shall be the responsibility of the Contractor. The City may deduct its costs from any payments due to the Contractor or pro-rate the Agreement amount based upon the actual time of Contractor's performance compared to the contracted performance schedule. SECTION ELEVEN - ENTIRE AGREEMENT The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement. There are no other agreements or representations between the City and Contractor except as expressly provided herein. SECTION TWELVE -MODIFICATIONS No waiver, alteration or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of both parties to this Agreement. 3 SECTION THIRTEEN -NO ASSIGNMENT WITHOUT CONSENT Contractor shall not assign this Agreement nor any of the rights and duties hereunder without the prior written consent of the City. SECTION FOURTEEN -WRITTEN NOTICE All written communications regarding this Agreement shall be sent to each of the parties at the address set forth below, unless notified to the contrary. SECTION FIFTEEN -GOVERNING LAW- DISPUTES This Agreement shall be governed by the laws of the State of Washington, and the jurisdiction of any dispute under this Agreement shall be the Superior Court of King County, Washington. The City of Kent Contractor 220 Fourth Ave. So. Kent, WA 98032-589 By Contractor/Rep s ative_, Its -T- -. Date J Date �lJ Address Phone (home) (work) Social Security Number or Federal Tax ID Number APPROVED AS TO FORM: ROGER A. LUBOVICH CITY ATTORNEY REVCOWR.DOC 4 0E/02/1998 23: 57 20E87847=E J'_RGS = C NCRETE °AGE 01 Aw w ,. �,�r c' L� �r,�►-y �,e��-�o� (�� nJ� � �� v oar ti �- (Z.� .. � , cl. � '�l.i ` i � G�C e.5 r "`' i,,� AiC w �cs':r' over a� y s c; .. �Y�"sz.�� CAN c�� .St• (lug EXHIBIT A Dave Juraszek, Juraszek Concrete Construction Renovation of sculpture, "Sentinel; Kent' by Valdis Zarins PROPOSAL The Contractor will assist with the renovation of the artwork and follow the renovation design of the artist Valdis Zarins. The artist proposes elevating the entire sculpture and pool for both aesthetic and functional solutions. The wall of the redesigned pool will be a seating bench capped in stainless steel. The 14" high seating wall will be poured on the dimensions of the existing pool except the east wall would be extended from seven to nine feet, south wall from seven to nine feet and the southeast diagonal wall shortened from twelve to nine feet. The renovation will conform to the submitted drawings and material samples. The pool will have a new extended drain system. The contractor will be responsible for all concrete work including demolition, forming, reinforcement, finish, staining and any other applicable areas. The contractor will also be responsible for the reinstallation of the surrounding pavers. The contractor will be responsible for safety fencing. The contractor agrees to coordinate his work with that of the artist and pool contractor. The contractor will use materials and methods that meet or exceed legal requirements. TIMELINE The work is planned to begin in early August and completed by October 31, 1998. BUDGET Contractor fee and materials $6,923 Tax 596 TOTAL $ 7,519 ENGINEERS — NORTHWEST INC. P. S. 6M WOODLAWK AVE. N.E.- SUITE 205 • SEATTLE,WA 98115 • (206)525.7560 . FAX# (205) 522-8698 r Joe No..Joe NAME ^sIJ 117 � L-11fZ�j DATE ?�U{ �}JG �C�7LOfI Q POdL SHEET Z of Z SUBJECT �j v By r -�k @ (O�°c CA L,t M In DX. 1 C9 /~' �� Cm hy�tC Cxiorr TO c N c.,�� vyP(CAl_ w 1 i 7"1 F'��v�F�f SM'IZINKA4�. C,2AC,IC� . I r 77?C C-f:kNC9X Tr- S -fib I CaS LcG A T1" pr2l M 2 T1� > 1 j A �wAi+ C T1�AT I � ENGINEERS - NORTHWEST INC. PS. 6869 WOODLAWN AVE, N.E. - SUITE 205 - SEATTLE, WA 98115 - (206)525-7560 - FAX# (206) 522.6698 +7'IN1ct_� L Irw-AR^f I -71 S F5 DATE Z Joe No-.Jos Joe NAME �Q,.RI.�i�+ SHEET / CF Z. SU9JECT 3# KOZ4Z r1°` I 1 r to a MIN . C .I .�? Cvr�C. PtQL PWCP2 1N �11 ^v SAta� L�Afr-iL EX s-jt4(7 sumc /i FILL. j 9X/S Pc)nl. WAL-S .r. .FLoO�Q i =r-, c7 v w f r m I F x I M u I I j. I — 11 Y VY AC 01 Ap �. Ai F, Us P r S ,q L� I < Cr 11 - �1 V 1 S', •� l `� Ks �) �1 e. _ � 7� � I � I I ITS L f i 1 I I I . � � A r U � h y Y 1 0 r� c r 0 1 u i I ^C - -�_ i __ _ _ , i i � n � � � �i - I �. �, � � :,, __% � L, o i � �, _: � � i i r �� , � a ��-� ��' i � � fv �F;-� L � �� ,� 3 �� 0 0 i � i � Ay ei 1 9 AIWOR11, CERTIFICATE OF INSURANCE DATE(NM DDm PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance Services at Midway ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. BOX 1056 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Milton WA 98354-1056 COMPANY (253) 922-1931 (253) 896-1049 A Assurance Insurance Company INSURED COMPANY Juraszek Concrete Construction B (Maryland Insurance Group) David J. Juraszek COMPANY PO Box 98395 C Des Moines WA 98198- COMPANY ( ) D .. .}::�.}:i.:.}i}}i:.iii}ii:4}:4ii:�ii:.iiiiiiiii}}}'.}i::{.}i}:i.i:.}i}}i}i}}}:i.}i}.. •• ........................::::::::n�:v:v::::::v:::n� ::::::: :vy .. ..........................................:..........................:............v...........................................v:.v:.�::::::.:r.�n�::n:C;:/.v..:v..�::n�n�,q.x:. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) A GENERAL LIABILITY GENERAL AGGREGATE s 2000_000 X COMMERCIAL GENERAL LIABILITY SCP30828918 01/19/98 01/19/99 PRODUCTS-COMP/OP AGG $1000000 CLAIMS MADE X�OCCUR PERSONAL&ADV INJURY $1000000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $1000000 FIRE DAMAGE(Anyone fire) $50000 MED EXP(Any one person) $10000 A AUTOMOBILE LIABILITY X ANY AUTO SCP30828918 01/19/98 01/19/99 COMBINED SINGLE LIMIT $1000000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident $ I I PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO / / / / OTHER THAN AUTO ONLY ........................................ EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM / / / / AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND STATUTORY LIMITS EMPLOYERS'LIABILITY EACH ACCIDENT $ THE PROPRIETOR! INCL DISEASE-POLICY LIMIT $ PARTNERSIEXECUTIVE OFFICERS ARE: IHIEXCL DISEASE-EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS REF: Work preformed at Kent King County Library PER: Additional Insured Endorsement attached SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City Of Kent 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Joan BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 220 4th Ave S OF ANY KIND UPON THE COMPANY, ITS AGENIP OR REPRESENTATIVES. Kent WA 98032 AUTHOFU230 REPRESENTATIVE C S POLICY NUMBER: Commercial General Liability 5CP 309CQ 89i8 CG 20 10 03 97 THIS EMDORSEMENT CHANGES THE POLICY. PLEASE READ IT CARFULLY. ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Kent 220 4th Ave S Kent, Washington 98032 (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Who Is An Insured(Section II)is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of your ongoing operations performed for that Insured. CG cG 20 10 03 97 Copyright Insurance Services Office,Inc. 1996 Page 1