HomeMy WebLinkAboutCAG1988-022 - Original - Fabrication Specialties - Kent Commons Sculpture Repair - 04/07/1988 AGREEMENT BETWEEN THE CITY OF KENT
AND FABRICATION SPECIALTIES
THIS AGREEMENT, made and entered into this t' day of-P44re#, 1988, between
the City of Kent, hereinafter called the "Owner", and Fabrication Specialties
of 527 S. Portland Street, Seattle, Washington 98108, hereinafter called the
"Contractor".
WITNESSETH:
That in consideration of the terms and conditions contained herein and the
mutual promises of the parties, including attachments made a part of this
Agreement, the parties hereto covenant and agree as follows:
1 . Contractor shall do all the work and furnish all tools, materials, labor
and equipment for the following repair of the Kent Commons Sculpture
located at 525 Fourth Ave. N. , Kent, Washington 98032 consisting of the
following:
1 .1 Remove SS sheet metal panels from galvanized steel framework and
effect necessary cleaning and stripping of adhesive and caulk.
1 .2 Evaluate framework and panel system through a written proposal ,
including specifics of caulking compounds, sealants, and adhesives to
be used. All material selection based upon best recommendations of
industry.
1 .3 Assembling and setting of existing SS panels over existing
framework. Assembly process to include all necessary caulking
compounds, drilling, taping, and FHSS external fasteners.
2. Owner agrees to pay Contractor a total of eight thousand three hundred
eighty-nine and 23/100 dollars ($8,389.23) upon completion and acceptance
of the project by the Owner. Such consideration shall include the
following items:
Repair costs $7,000.00
Separate tenting and/or covering of work area $ '7
75.00
Subtotal
Washington State sales tax 614.23
Total $ 189•
Contractor acknowledges that it shall provide a one (1 ) year workmanship
guarantee for labor and materials and that all work shall be completed in
a workmanlike manner according to standard industry practices. Contractor
agrees that it shall commence work within ten (10) days following issuance
of a Notice to Proceed by the Owner. Contractor warrants that it is in
the business of constructing and repairing works of art and that it shall
conduct and complete the work in a competent and professional -like manner
using its best ability and skill in the design and repair of the Kent
Commons Sculpture. No work under this Agreement shall be construed as
employment of Contractor by the Owner.
3. Subject to weather conditions which are determined by the Contractor to be
favorable for application of required caulks, sealants, and adhesives,
Contractor agrees that project shall be completed within days
following ten (10) working days after the issuance of the Notice to
Proceed issued by the Owner.
4. Contractor shall provide and bear all expenses of all equipment, labor,
materials, subcontractors, and materials of any kind and all sort
whatsoever that may be required for the construction and completion of the
work described in this Contract, including performance of the work as
scheduled and implementation of any pedestrian control plan required by
the Owner. Contractor agrees to bear all expenses of such plan and
requirements required by the Owner. Contractor shall perform all services
necessary for the repair of the Kent Commons Sculpture as described in
Paragraph 1 , including the following:
4.1 All fabrication, shop assembly, engineering and design, preparation,
painting, packing, crating, transportation, and installation.
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4.2 Purchase of all materials and consumables used in the repair and
installation of the artwork with the exception of any cranes
necessary for site repair and reinstallation.
4.3 Supervision of all phases of fabrication and reinstallation,
including site location necessary for the construction of the Kent
Commons Sculpture.
4.4 Contractor shall provide and is responsible for all transportation
costs of the repaired sculpture and erection equipment.
4.5 Contractor shall supply Owner with all design drawings and directions
with regard to the repair of the subject artwork for review by the
Owner prior to the beginning of project repair and construction.
Owner shall review and approve any specifications, including design
changes specified by the Contractor prior to initiation of
construction and site preparation activities.
5. All payments by the Owner shall be made to the Contractor at 527 S.
Portland Street, Seattle, Washington 98108 or such other address as
designated in writing by the Contractor.
6. Owner hereby promises and agrees to employ the Contractor and does employ
the Contractor to provide the materials, labor, and equipment and to do
and to cause to be done the above-described work. In return, the
Contractor agrees to complete and finish the same according to the
specifications and terms and conditions contained in the preceding and
following paragraphs.
7. Contractor agrees to bind himself, his heirs, executors, administrators,
successors, and assigns, including its subcontractors to ensure and
guarantee full performance of all covenants and terms and conditions
contained in this Agreement.
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8. Contractor agrees to defend, indemnify, and hold harmless the City of
Kent, its elected officials, officers, employees, and agents from any and
all claims, actions, judgments, losses, costs (including reasonable
attorney's fees in perfecting rights under this paragraph) , and damages
whatsoever, including but not limited to claims made upon the Owner
arising by accident, injury, or death to any person, employee, agent, or
injury to property arising out of or in connection with the work performed
under this Agreement, except upon a finding by a trier of fact that such
loss was caused by the sole negligence of the Owner.
9. Contractor agrees to make all books and records available to the Owner for
inspection, review, audit, and photocopying in the event of any contract
related dispute, claim, modification, or other contract related action at
reasonable times and places as requested and determined by the Owner.
10. In the event that this matter is referred to attorneys of either party for
any reason whatsoever and the matter presented to a judicial or
quasi-judicial tribunal for resolution, the prevailing party in any
dispute as determined by the adjudicating entity shall be entitled to
receive attorney' s fees, court costs, and expert witness fees in addition
to any amounts due under this Agreement. Both parties agree to consent to
the jurisdiction and venue of the courts of King County for the State of
Washington. The Contractor agrees to comply with all applicable federal ,
state, and local laws, including provisions for public works at RCW 39.04,
60.28, 39.08, 39.12, 39.16, 43.03 , 51 .12, and 49.60. Pursuant to Kent
City Code 4.02.020, a surety bond, within 10 days following execution of
this agreement or other security satisfactory to the Owner, shall be
required to ensure performance with RCW 39.08.010 and RCW 39.08.030 in an
amount equal to 100 percent of the contract price which shall run to the
Owner and be filed with the Kent City Clerk' s office. In addition,
Contractor agrees to carry adequate comprehensive liability insurance and
to demonstrate coverage to the Owner before beginning work in the amount
of five hundred thousand dollars ($500,000.00) naming the City of Kent as
a co-insured. Failure to provide such evidence of insurability shall
constitute grounds for termination of this Agreement.
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IN WITNESS WHEREOF, tthe�, parties have caused this Agreement to be executed
this _� day of i
u , 1988, at Kent, Washington.
OWNER - CITY OF KENT
DAN KELLEHER, MAYOR
WITNESS:
MARIE JENSE_ - TY CLERK
—
APPROVED AS TO FORM:
r
NDRA DRI OL C 7 A4`
CON OR
FABRICATION SPECIALTIES
527 S. Portland Street
Seattle, Washington 98108
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this day 1988, before me personally appeared
to me known to be the Contractor and who has
-63(ecuted the wit. n and foregoing Agreement and acknowledging that this
instrument is6--free and voluntary act and deed for the uses and purposes
mentioned herein, and upon oath has stated that he/she was authorized to
execute this Agreement.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this day
of Jo", 1988.
0 ARY 4LYn and for th StaffWashing , siding at
3643E-17L
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LAUHI, Ell -8.
4 m4l ER Of tNFIDFIMR,!VD�' ANO OlFi
P !F�C 4 rE HOLDER.THIS CERT�FICATE DOES NO AA F L)
L
'A!ERA(iE AFFORDED Be'THE POLICIES BELOW
Fred S. James & Co. of Washington
1700 Fourth & Blanchard Bldg. (',"ONIPANIES AFFORDING COVERAGE
Seattle, Washington 98121
1,ETT P A General Insurance Co. of America
COMPAN
INSURED LETTFR B Safeco Insurance Co.
Fabrication Specialties, Ltd. COMPAN" C
527 South Portland LETTER
Seattle, Washington 98108 COMPANY
LE D
COMPANY
LETTER E
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION()F ANY CONIRAC"'SIN Oy iCP DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY T14E P�AACIES T11::CCP9EL1 HEPFIN IS SUBJECT TO ALL.THE TERMS,EXCLUSIONS AND CONDI-
TIONS OF SUCH POLICIES.
----------
CO TYPE OF INSUR OU ANCE � CY NUAIBE-P E XP HA-ON
iv
LTR �1� mr�ci MMIP'� f� ALL LIMITS IN THOUSANDS
GENERAL LIABILITY GENERAL AGGREGATE $ 2,000
X COMMERCIAL GENERAL LIABILITY PRODUC-S COMPIOPS 4GGREGA , $ 1,000
A C.AIMS MADE F_xlocc_HRL 11c; PERSONA, &ADVERIISING INJURY $ 1P000
x 0,'AER a CONTRACTORS PP0TEC'0,_- CP8416614C 2-7-88 ;i 2-7-89 ACC OCCURRENCE $ 1 000
PPE DAMACi IANI CNE FIRE; $ 50
MFD,CAL EXPINSt 'ANY ONE PERSON; $ 5
AUTOMOBILE LIABILITY F
ANY AUTOcsL $1,000
ALL OWNED AUTOS BCDI�Y t
iNJURY
X SCHEDULED AU-OS PER PERSONi
[_
B BA 8416614C 2-7-88 2-7-89 — $
_�0_01LY x HIRED AUTOS INJURY
(PER
0 ACCIDENT) $N OWNED AUTOS
GARAGF IABILITY PROPERTY
DAMAGE
EACH Ac:GPIFGArE
EXCESS LIABILITY '_jCCURRF14(_;E
OTHER THAN UMBRELLA FORM
STATUTORY
WORKERS'COMPENSATION $ -EACH ACCIDENT)
AND
$ )DISEASE POLICY LIMM
EMPLOYERS'LIABILITY $ :DiSEASE EACH EMPLOYEE)
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS i VEHICLES/RESTRICTIONS/SPECIAL ITEMS
Re: Operations of the Insured
41 47"I[PlAt 4:101 R 514;= •
Attn: Liz Carpenter SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX.
Kent Parks Department PIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO
S P
220 - 4th South MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
IV
Kent, Wa. 98032 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
SHOULD
REPRESENTATIVE