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HomeMy WebLinkAboutCAG1993-0159 - Original - Larry W. Metler - Tenant Improvements 302 W Gowe - 07/06/1993 AGREEMENT FOR PROJECT MANAGEMENT SERVICES This Agreement is made and entered into this (_A, day of July, 1993 , between the CITY OF KENT, a Washington municipal corporation, (hereinafter "City") , and LARRY W. METLER, a sole proprietorship, (hereinafter "Contractor") , located at 2211 S. Star Lake Rd. , Federal Way, Washington 98003 . RECITALS WHEREAS, the City desires to retain project management services to assist in the tenant improvements on the building located at 302 West Gowe, Kent, Washington, for the purpose of establishing a municipal court; and WHEREAS, Contractor agrees to perform these services and the other services described in this Agreement under the terms and conditions set forth herein; 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 Contractor will perform project management services on an as-needed basis on behalf of the City with respect to all matters relating to or affecting the tenant improvements on the building located at 302 West Gowe Street, Kent, Washington, for the purpose of establishing a municipal court, as authorized by the Kent City Council at its regularly scheduled meeting of June 15, 1993 . Contractor shall perform the work in accordance with all applicable state, federal and City laws, consistent with accepted Page 1 of 8 practices for other similar services, and substantially in every respect to the direction and approval of the Chief Administrative Officer and/or his designee, and in accordance with any instructions and information contained in this Agreement. SECTION TWO TERM The term of this Agreement shall be for a period of six (6) months unless sooner terminated as provided for herein. SECTION THREE TIME DEVOTED TO WORK In the performance of the services described herein, the Contractor shall have control over the number of hours devoted to the work as is reasonably necessary to fulfill the spirit and purpose of this Agreement. The Contractor agrees to begin work upon execution of this Agreement by both parties and shall carry the work forward according to the direction given as provided herein and Contractor agrees to perform the work as expeditiously and efficiently as possible. SECTION FOUR PAYMENT The City agrees to pay the Contractor for all work performed by Contractor, on completion of the same, at the rate of $32 . 50 per hour, plus actual out of pocket expenses, for a total contract amount not to exceed five thousand dollars ($5, 000. 00) . SECTION FIVE INVOICING PROCEDURE Invoices for work performed shall be presented to the City by the Contractor no later than the 5th and the 20th of each Page 2 of 8 month. The City shall make payment to the Contractor on the 15th and the last day of each month following receipt of invoices. SECTION SIX TERMINATION The parties agree that either party may terminate this Agreement without cause upon written notification to the Contractor. In the event of termination, the City shall pay for all services performed by the Contractor to the effective date of termination, and the City may thereafter take possession of all records and data pertaining to this project within Contractor' s possession. SECTION SEVEN STATUS OF CONTRACTOR This Agreement calls for the performance of the services of the Contractor as an independent contractor and Contractor will not be considered an employee of the City for any purpose. The Contractor and/or its subcontractor(s) shall secure at its own expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation, Worker' s Compensation, and all other payroll deductions for the Contractor and its officers, agents and employees and the costs of all business licenses, if any, in connection with the services to be performed hereunder. Contractor will be solely responsible for his acts and the acts of Contractor' s agents, employees, servants, and subcontractors during the performance of this contract. SECTION EIGHT DISCRIMINATION Page 3 of 8 In the hiring of employees for the performance of work under this Agreement or any subcontract hereunder, the Contractor, its subcontractors or any person acting on behalf of such Contractor or subcontractor shall not, by reason of race, religion, color, sex or national origin discriminate against any person who is qualified and available to perform the work to which the employment relates. SECTION NINE WORKER'S COMPENSATION Contractor agrees to maintain, at Contractor' s expense, Worker' s Compensation at the limits required by the State of Washington, to fully protect both Contractor and the City from any and all claims for injury or death arising from the performance of this Agreement. SECTION TEN INDEMNIFICATION Contractor shall indemnify, defend and hold harmless the City, its officers, agents, employees and volunteers from all damages, costs or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury (including death) received by reason of or in the course of performing work which may be occasioned by any willful or negligent act or omissions of the Contractor, any of Contractor's employees, or any of its subcontractors. SECTION ELEVEN INSURANCE Contractor shall procure and maintain for the duration of this Agreement comprehensive general liability and automobile insurance against claims for injuries to persons or damages to Page 4 of 8 property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by Contractor. Contractor shall maintain limits on such insurance in the amount of $1, 000, 000 combined single limit per occurrence/accident for bodily injury, personal injury and property damage, or such other amounts as may be acceptable to the Chief Administrative Officer. Contractor agrees to provide the City with certificates evidencing the required coverage before Contractor begins work on the project described in this Agreement. SECTION TWELVE OWNERSHIP OF RECORDS AND DOCUMENTS Original documents, drawings, designs and reports developed under this Agreement shall belong to and become the property of the City. All written information submitted by the City to the Contractor in connection with the services performed by the Contractor under this Agreement will be safeguarded by the Contractor to at least the same extent as the Contractor safeguards like information relating to its own business. If such information is publicly available, is already in Contractor' s possession or known to it, or is rightfully obtained by the Contractor from third parties, Contractor shall bear no responsibility for its disclosure, inadvertent or otherwise. SECTION THIRTEEN ENTIRE AGREEMENT The written provisions and terms of this Agreement shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of, or altering in any manner whatsoever, this Agreement or the Page 5 of 8 Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement, any addenda attached hereto, and all bid related documents, if any, which may or may not have been executed prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth at length herein. SECTION FOURTEEN WAIVER AND MODIFICATION 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 the City or Contractor. SECTION FIFTEEN ASSIGNMENT Any assignment of this Agreement by the Contractor without the written consent of the City shall be void. SECTION SIXTEEN WRITTEN NOTICE All communications regarding this Agreement should be sent to the parties at the addresses below, unless notified to the contrary. Any written notice hereunder shall become effective on the date personally served or, if mailed, as of the date of mailing, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may hereafter be specified in writing. Page 6 of 8 SECTION SEVENTEEN GOVERNING LAW This Agreement shall be governed by the laws of the State of Washington. SECTION EIGHTEEN RESOLUTION OF DISPUTES Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Chief Administrative Officer for review and a determination. If the dispute, misunderstanding or conflict between the City and Contractor cannot be resolved by the City' s determination within a reasonable time, jurisdiction of any resulting litigation shall be with the Superior Court of King County, Washington. Page 7 of 8 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. LARRY M LER TH CI OF KENT B By y DAN KE LEHER, MAYOR 2211 S. Star Lake Rd. 220 Fourth Avenue South Federal Way, Washington 98003 Kent, Washington 98032 Approved as to form: ~Ro° er A. Lr bovich City Attorney Attest: City Clerk metler.con Page 8 of 8