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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. - 2 - 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. - 3 - 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. - 4 - 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 - 5 - 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