AG 12-1432.
RETURN TO: Jeri-Lynn Clark EXT: 2401
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPT./DIV: CED /COMMUNITY SERVICES
ORIGINATING STAFF PERSON: JAY BENNETT
EXT: x'21 3. DATE REQ. BY:
TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
• PUBLIC WORKS CONTRACT
❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
• PROFESSIONAL SERVICE AGREEMENT
❑ MAINTENANCE AGREEMENT
• GOODS AND SERVICE AGREEMENT
❑ HUMAN SERVICES/ CDBG
❑ REAL ESTATE DOCUMENT
❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE
❑ RESOLUTION
`d, CONTRACT AMENDMENT (AG #):AZ:�, 143
i
❑ INTERLOCAL
❑ OTHER
5. PROJECT NAME: EMERGENCY HOUSING REPAIR PROGRAM CONTRACTOR
6. NAME OF CONTRACTOR: THE PLUMBING JOINT
ADDRESS: 351 UNION "ENE, RENTON, WA 98059 TELEPHONE
E -MAIL: RANDY @THEPLUMBINGJOINT.COM FAX:
SIGNATURE NAME: DONALD PALMER TITLE:
425- 228 -3204
OWNER
7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS
9
TERM: COMMENCEMENT DATE: 07/23/12 COMPLETION DATE 12/31/2013
TOTAL COMPENSATION $ NOT TO EXEED $60,000.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑ YES ❑ NO IF YES, $
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT /CONTRACT REVIEW
• PROJECT MANAGER
• DIRECTOR
119- 7300 - 996 - _ )j, M
PAID BY: ❑ CONTRACTOR ❑ CITY
INIT / DATE REVIEWED INITIAL / DATE APPROVED
• RISK MANAGEMENT (IF APPLICABLE)
• LAW pjp `(j Z( - 13 Cee_ 0.3
11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
12 I" SENT TO VENDOORR/CONTRACTOR DATE SENT: C vt s DATE REC'D / 1) kS
EW' ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSE, EXHIBITS
TIAL /-DATE SIGNED
f8� LAWDEPARTMENT Alf C1110.
I` SIGNATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK
❑ ASSIGNED AG# AG# AZ—
❑ SIGNED COPY RETURNED DATE SENT
COMMENTS:
CITY OF CITY HALL
8th
33325 8th Avenue South
Federal Way
Federal Way, WA 98003 -6325
(253) 835 -7000
www cayoffederFalwfay com
AMENDMENT NO.2
TO
MASTER CONTRACTOR AGREEMENT
FOR
EMERGENCY HOUSING REPAIR PROGRAM PLUMBING CONTRACTOR
This Amendment ( "Amendment No. 2 ") is made between the City of Federal Way, a Washington municipal
corporation ( "City "), and TPJ, Inc, DBA The Plumbing Joint, Inc. a Washington corporation ( "Contractor "). The
City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the parties, agree to
amend the original Agreement for Emergency Housing Repair Program General Contractor Services ( "Agreement ")
dated effective July 23, 2012, as amended by Amendment No. 1, as follows:
1. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the
Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or
method of payment, as delineated in Exhibit "B -2 ", attached hereto and incorporated by this reference. The
Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked
at the negotiated rate(s). Except as otherwise provided in an attached Exhibit, the Contractor shall be solely
responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and
payment of this Agreement.
2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior
amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by
either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the
previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been
performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The
provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The parties whose names
appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding
on the parties of this contract.
-- - - - - --
AMENDMENT
[Signature page follows]
1-
1/2010
CITY OF 3332 HALL
Federal Way Feder 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www cityaflederalway. cam
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY ATTEST:
By:
Skip Priest, Mayor City Clerk, Carol McNeil
DATE: q1(3 /13
The-;PIZ LinJoint, Inc
By:
Printed Name:' v;", d L- PtiAWtr
Title: Ore S r ek,
DATE: /L/ �� 3
STATE OF WASHINGTON )
) ss.
COUNTY OF
AP OVED AS FORM:
City Att , Patricia A Richardson
On this day personally appeared before mea. U L to me known to be the
D�wS;dLv, of TT 7Y that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for
the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument
and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this day of b , 2013.
�O �i�I �►Il�l�p� /i, Notary's signature
��`��Qoo 5's�'i/o'r, P'F�''%F'% Notary's printed name
LO
Notary Public in and for the St to of Washington.
uc \O My commission expires
PUBLIC '
AMENDMENT - 2 - 1/2010
CITY Of CITY HALL
Federal 33325 8th , WA 8063
Way
Federal Way, WA 98003 -6325
(253) 835 -7000
www cifyoffederalway com
EXHIBIT B -2
ADDITIONAL COMPENSATION
1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to
exceed forty thousand five hundred and 00/100 Dollars ($40,500.00). The total amount payable to Contractor
pursuant to the original Agreement, and this Amendment shall be an amount not to exceed sixty thousand and
00 /100 Dollars ($60,000.00).
AMENDMENT - 3 - 1/2010
RETURN TO: Jeri-Lynn Clark
EXT: 2401
�. < `� CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: CED/CoMMUrri� SERVicEs
2. ORIGINATING STAFF PERSON: JAY BENNETT EXT: 2650 3. DATE REQ. BY:
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. soxn �t,nrEn noc�rrrs�
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACTAMENDMENT(AG#):_12-143A ❑ INTERLOCAL
❑ OTHER
5. PROJECT NAME: EMERGENCY HOUSING REPAIR
6. NAME OF CONTRACTOR: THE PLUMBING JOINT, INC.
ADDRESS: 351 [JNIONAVE NE, RENTON, WA 98059 TELEPHONE 425-228-3204
E-MAIL: RANDY@PLUMBINGJOINT.COM FAX:
SIGNATURE NAME: DONALD PALMER TITLE OWNER
%. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES � COMPENSATION ❑ INSURANCE REQUIltEMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORTI'1' TO SIGN ❑ REQUIItED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: 7/23/12 COMPLETION DATE: 12/31/2013
9. TOTAL COMPENSATION $ NOT TO EXCEED $19500.00 (INCLUDE EXPENSES AND SALES TAX, �' nxY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TTTLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ 1�S ❑ tvo IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑ YES ❑ NO IF YES, $
PAID BY: O CONTRACTOR ❑ CITY
❑ PURCHASING: PLEASE CHARGE TO: � �� —'� ?JG� ���' �� L ZD "' 4 L�
10. DOCUMENT/CONTRACT REVIEW I1�iITIAL / DATE REV EW D I1�TITIAL / DATE APPROVED
❑ PROJECT MANAGER �,(� '7 Z'j� !3
❑ DIRECTOR
❑ RISK MANAGEMENT (u',Arrr.iC,4sr.�)
❑ LAW � t� 1- 2$ • 13 � pn• ��3 P�'�1 ' I 3
11. COUNCIL APPROVAL �IF APPLICABLE� COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
12. C0�.ITTRACT SIGNATURE ROUTING
�ENT TO VENDOR/CONTRACTOR DATE SENT: �`��,� 3 DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
C�LAW DEPARTMENT
��GNATORY (MAYOR OR DIRECTOR)
�' CITY CLERK
� ASSIGNED AG#
i�IGNED COPY RETURNED
COMMENTS:
IrTI IAL / DATE SIGNED
•�
8 �•�3
.ro.�3
AG#
DATE SENT: $ • Gj '
11/9
� CITY OF
�.�,-. F�deral
CITY HALL
��� 33325 8th Avenue South
Fedsrai Way, WA 98003-6325
{253) 835-7C?00
w�ww ciXyoffs�eralway. com
AMENDMENT NO.1
TO
MASTER CONTRAC�OR AGREEMENT
FOR
EMERGENCY HOUSING REPAIR PROGRAM PLUMBING CONTRACTOR
This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and TPJ, Inc, DBA The Plumbing Joint, Inc. a Washington corporation ("Contractor"). The
City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the parties, agree to
amend the original Agreement for Emergency Housing Repair Program General Contractor Services ("Agreement")
dated effective July 23, 2012, as follows:
1. AMENDED COMPENSATION. The amount of wmpensation, as referenced by Section 4 of the
Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or
method of payment, as delineated in Exhibit "B-1", attached hereto and incorporated by this reference. The
Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked
at the negotiated rate(s). Except as otherwise provided in an attached Exhibit, the Contractor shall be solely
responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and
payment of this Agreement.
2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior
amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by
either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the
previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been
performed under the Agreement, as modif'ied by any prior amendments, as it existed prior to this Amendment. The
provisions of Section 13 of the Agreement sha11 apply to and govem this Amendment. The parties whose names
appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding
on the parties of this contract.
[Signature page follows]
AMENDMENT -1- 1/2010
���
CITY !DF
F+�d+er�al 1!U'ay
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-70fl0
www ciryoffederahvay. com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY ATTEST:
By:
Skip Priest, ayor ity Clerk, Carol McNe' y, CMC
DATE: . S� 20l J
The Pl Joint, Inc
By: �-
Printed Name:�ov�a�� L �Ai►^^�-+�
Title: �Y'C S � P}�v� �
DATE: � � 1 1�
STATE OF WASHINGTON )
) ss.
COUNTY OF �� �
Ar ROVED A TO FORM•
T�c.
City Att y, Patricia A Richardson
On this da personally appeared before me ��n.o. � J L Ph�w,o.� , to me known to be the
'Q,�S; dc,� of T�"` Ti.`� that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for
the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument
and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this 3 � day of ���`�� , 20!�.
`````���Ii l l l I I Ill /����///
.�`�� ��y W P'�! ��'%
� �P. ��ssio� �� ,�F :
'� �O .� �
; rc,° NpTq/� j, y:. =
� N�� U8L C ;
% �`�'••.o •� 2 �
%'9>'F 8.26.20�6'',`p \\���
����ii��F WASH�NG ��\\�
�����►un�►����
--�
Notary's signature �''
Notary's printed name n.o� w � H�'
Notary Pu lic in and for the State of Washington.
My commission expires Z /
AMENDMENT - 2 - 1/2010
�ITY QF
� �:.. F+�d�ral
CITY HALL
��� 33325 8th Avenue South
�edsral Way, WA 98003-6325
(253} 835-7000
w�ww. crryvffederalway com
EXHIBIT B-1
ADDITIONAL COMPENSATION
1. Total Compensation: In retum for the Services, the City shall pay the Contractor an additional amount not to
exceed fourteen thousand and five hundred and 00/100 Dollars ($14,500.00). The total amount payable to
Contractor pursuant to the original Agreement, and this Amendment shall be an amount not to exceed nineteen
thousand five Hundred and 00/100 Dollars ($19,500.00).
AMENDMENT - 3 - 1/2010
RETURN TO: Jay Bennett EXT: x2650
CITY OF FEDERAL WAYrLAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: CED/C01�t1v1tttvlTV SERViCEs
2. ORIGINATING STAFF PERSON: JAY BEtvNETT EXT: x2650 3. DATE REQ. BY:
TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
X PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
� REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT �E.G. BOND RELATED DOCUMENTS)
� ORDINANCE
o CONTRACT AMENDMENT {AG#):
❑ OTHER
❑ RESOLUTION
O INTERLOCAL
S. PROJECT NAME: EMERGENCY HOUSING REPAIR PROGRAM CONTRACTOR
6. NAME OF CONTRACTOR: THE PLUMBING JOttvT, INC.
ADDRESS: 351 UNION AVENUE NE, RENTON, WA 98059 TELEPHONE 425-228-3204_
E-IVIAIL: RANDY(C�PLUMBINGJOINT.COM FAX: N/A
STGNATURE NAME: Dotvfv.D P�,1v1Ex TITLE OWNER
7. EXHIBITS AND ATTACHMENTS: X SCOPE, WORK OR SERVICES X GOMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQLJIRED LICENSES O PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENTDATE: 7/23/2012 COMPLETIONDATE: 12/31/2013
�. TOTAL COMPENSATION $ NOT TO EXCEED $S,O00 (INCLUDE EXPENSES AND SALES TAX, IF ANY�
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: O�S X NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑ YES X NO IF YES, $ PAID BY: O CONTRACTOR � CITY
❑ PURCHASING: PLEASE CHARGE TO: 119-7300-996-551-20-410
10. DOCUMENTlCONTRACT REVIEW INITIAL / DATE REVIEVVED INITIAL / DATE APPROVED
� PROJECT MANAGER
❑ DIRECTOR
O RISK MANAGEMENT {[F nrrLlcasLE)
� LAW
11. GOUNCIL APPROVAL (IF arPLICABLE)
• u•IZ �m6rc- b��2
GOMMITTEE APPROVAL DATE:
. ,, ,
i� �� .. --
COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING
� SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
O ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ LAW DEPARTMENT
D SIGNATORY (MAYOR OR DIRECTOR)
�d'CITY CLERK
�ASSIGNED AG#
O�IGNED COPY RETURNED
�
�
�IN TIAL / D_ATE SIGNETD
./�O� u • 2 •t2
I i- Z'-( Z-
�•2� Z
AG# ' I
DATE SENT: l I• L' I
�
11/9
` CITY OF CITY HALL
..'�.., Federal Wa 253 $ �7�ue South
Y Federal Way, WA 98003-6325
( )_
www. atyoffederahvay. com
MASTER CONTRACTOR AGREEMENT
FOR
EMERGENCY HOUSING REPAIR PROGRAM — PLUMBING CONTRACTOR
This Emergency Housing Repair Program ("EHRP") Master Contractor Agreement ("Agreement") is made between
the City of Federal Way, a Washington municipal corporation ("City"), and TPJ, INC., DBA The Plumbing Joint,
Inc., a Washington corporation ("Contractor"). The City and Contractor (together "Parties") are located and do
business at the below addresses which shall be valid for any notice required under this Agreement:
THE PLUMBING JOINT, INC.
Donald Palmer
351 Union Avenue NE
Renton, WA 98059
(425) 228-3204 (telephone)
randy(a�nlumbingj oint. com
The Parties agree as follows:
L DEFINITIONS.
CITY OF FEDERAL WAY:
Jay Bennett
Community Services Manager
33325 8�' Ave. S.
Federal Way, WA 98003-6325
(253) 835-2650 (telephone)
(253) 835-2409 (facsimile)
1.1 Certificate of Acceptance sha11 mean a written statement issued by the City and signed by the City's inspector to
be delivered to a Homeowner for execution stating that all Work has been generally completed in accordance with the Work
Write-up for an Identified Project.
1.2 Chan�e Order shall mean an amendment to the Work and/or Contract Price pertaining to an Identified Project,
submitted by Contractor and approved by a Homeowner and the City in accordance with the Project Docuxnents and the EHRP
Guidelines.
1.3 Citv shall mean the City of Federal Way, and shall include its various departments, officers, employees, legal
representatives, agents and third party vendors.
1.4 Competitive Sealed Proposal shall refer to the project delivery method authorized by Chapter 39.04 RCW and
the adopted City of Federal Way Contract and Purchasing Manua1, Chapter 5, Section E(Limited Public Works Process) and
required in connection with Reconstxuction or Rehabilitation Projects under the EHRP, except in the cases of emergency
conditions, at which time the City shall select a vendor based upon availability and/or price and as outlined in the City of
Federal Way Contract and Purchasing Manual Chapter 2, Section D.
1.5 Contract Price sha11 mean the price to be paid by the City to the Contractor for the performance of the Work in
connection with an Identified Project. Any changes in the Contract Price shall only result from authorized Change Orders. The
Contract Price sha11 be paid in the form of a single payment at the completion of the Work in accordance with the Notice to
Proceed.
1.6 Contractor shall mean the contractor designated in the introductory paragraph of this Agreement. For
Reconstruction Projects, the Contractor shall be selected utilizing the Competitive Sealed Proposal method, with sealed work
plans and specifications in accordance with applicable laws and procedures, including the EHRP Guidelines.
MASTER CONTRACTOR AGREEMENT - 1- 4/2012
` CITY OF
, �,�,�,.., Federal
CITY HALL
��� 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. cityoffederalway. com
1.7 Contractor's Annlication for Pavment shall mean that certain Application and Certificate for Payment submitted
by Contractor requesting payment in accordance with the Notice to Proceed. Such Contactor's Application for Payment shall
reflect the cost for successful delivery of the entire Work completed by Contractor, shall include the notarized signature of the
Contractor and otherwise be in form and substance acceptable to the City. ,
1.8 EHRP shall mean the CDBG Program being implemented by the City pursuant to Grant No. B-12-MC-53-0015
between the City and the Housing and Urban Development Department.
1.9
1.10
EHRP Guidelines shall mean Emergency Housing Repair Guidelines adopted by HSD.
HSD shall mean the City's Human Services Division.
1.11 Homeowner shall mean an owner of a Residence that qualifies under the EHRP for the Rehabilitation of its
Residence located on the Homeowner's Property.
1.12 Homeowner A�reement shall mean the agreement by and between a Homeowner and the City governing, and
executed in connection with, an Identified Project.
1.13 Homeowner's Pronertv shall mean the land of a Homeowner, a11 rights and appurtenances thereto; all
improvements now or hereafter attached to the land or improvements, and all substitutions and replacements thereof and
additions and successions thereto.
1.14 HUD shall mean the U.S. Department of Housing and Urban Development and any successor government
agency.
1.15 Identified Project shall mean the Rehabilitation of a specified Residence located on a specified Homeowner's
Property pursuant to the EHRP. Each such Identified Project sha11 be subject to and governed by the terms and pmvisions of this
Agreement and the Project Documents.
1.16 Mana�er shall mean the Manager of HSD or any other person(s) that may be designated to perform the various
functions assigned to the Manager.
1.17 Notice to Proceed shall mean the written authorization issued by the City for the Contractor to procesd with the
Work set forth in the Work Write-up for an Identified Project.
1.18 Pavment Request shall mean the form prepared, signed and submitted to HSD by the Contractor. The Payment
Request shall reflect the value of a11 the completed and approved Work on the specified line items by trade, the total of the line-
item cost of all of the completed Work by trade listed.
1.19 Plans and Specifications shall mean a detailed itemized list approved by the City that provides instructions to
the Contractor for an Identified Proj ect, which may include drawings as applicable. Plans and Specifications may be amended
by authorized Change Orders.
1.20 Project Documents sha11 mean this Agreement, the Homeowner Agreement, the Plans and Specifications, the
Notice to Proceed, the Certificate of Acceptance, and all other documents pertaining to, or executed in connection with, an
Identified Project.
1.21 Rehabilitation Project shall mean those repairs required to remove all life, health, or safety hazards to a
Residence on a Homeowner's Property, plus increases pursuant to Change Orders.
MASTER CONTRACTOR AGREEMENT - 2- 4/2012
� CITY OF
'��,,,�... Federal
CITY HALL
W�� 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. ciryoffederalway. com
1.22 Residence shall mean a single family detached dwelling located on, or to be rehabilitated on a Homeowner's
Property.
1.23 Subcontractor shall mean any person or entity that, pursuant to this Agreement, will perform Work at a
Residence at the request of Contractor.
1.24 Survev shall mean an identification of all relevant characteristics of a Homeowner's
Property, including but not limited to a Homeowner's Property location, the improvements location description of a
Homeowner's Property.
1.25 Work shall mean the labor and the materials necessary to complete an Identified Project pursuant to the Project
Documents.
1.26 Work Write-un shall mean the form that specifies and quantifies the Work to be done in connection with an
Identified Project, and includes the Plans and Specifications.
2. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date
of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2013
("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and
the Contractor.
3. WORK.
3.1 Work. For each Identified Project, the Contractor shall provide goods, materials, labor and services and
otherwise perform the work more specifically described in Exhibit "A", attached hereto and incorporated by this reference
("Work"), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the
Mayor or his or her designee.
3.2 Side A�reements. All work to be performed and all specifications pertaining thereto will be identified in
the Project Documents. CONTRACTOR SHALL PERFORM NO OTHER WORK iJNLESS CHANGE ORDERS FOR
ADDITIONAL WORK OR MATERIALS ARE ISSUED IN ACCORDANCE WITH THIS AGREEMENT AND THE
PROJECT DOCUMENTS. All properly approved and executed Change Orders shall be made a part of Project Documents.
The Contractor agrees not to enter into any side agreements for additional work or materials for a Residence over and
above those specified in the Work Write-up, where such labor is to be performed or material to be supplied or installed
prior to the issuance of a Certificate of Acceptance.
3.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide
the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not
limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner
consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services
are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained,
and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its
sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material
discovered within one (1) year after the City's fmal acceptance of the Work. This Agreement is subject to all warranty
provisions established under the Uniform Commercial Code, Title 62A RCW. The Contractor shall fiunish the City with all
manufacturer's and supplier's written guarantees, warranties and operating instructions covering materials and equipment
furnished under the Project Documents for each Identified Project, together with any documentation required for validation. In
the event any part of the goods is repaired, only original replacement parts shall be used; rebuilt or used parts are not acceptable.
When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction
is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect at no additional expense to the City or the Homeowner. If the Contractor does not
MASTER CONTRACTOR AGREEMENT - 3- 4/2012
` CITY OF
,'`..., Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
wlwv atyoffederahvay. com
accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the
Contractor shall pay all costs incurred by the City in order to accomplish the correction.
3.3 Time, Documentation, and Inspection. The Work to be performed in connection with each Identified Project
shall commence on the date specified in the Notice to Proceed issued in connection with such Identified Project. The Work shall
be completed within the time period specified in said Notice to Proceed. Work shall be subject, at all times, to observation and
inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not
relieve Contractor of responsibility for performance of the Work in accordance with this Agreement, notwithstanding the City's
knowledge of defective or non-complying performance, its substantiality or the ease of its discovery.
3.4 Clean Un. At any time ordered by the City and immediately after completion of the Work, the Contractor shall,
at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the
Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean
up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any
remaining payments due to the Contractor.
4. TERMINATION.
4.1 Termination with Cause.
4.1.1 The City may terminate this Agreement in its entirety or as to an Identified Pmject for cause by giving
written notice to the Contractor under any of the following circumstances:
a. If Contractor neglects to perform the Work in connection with any Identified Project properly, or in a
timely manner, or refuses or neglects to supply proper or sufficient materials or workmen, or fails to perform any provision of
any of the Project Documents pertaining to an Identified Project;
b. If Contractor is adjudged bankrupt, makes a general assignment for the benefit of his creditors, or if a
receiver is appointed on account of insolvency;
c. If Contractor fails to make prompt payment to any Subcontractor for material or labor; or
d. Contractor violates any public law or ordinance.
4.1.2. If the City terminates this Agreement in its entirety or as to an Identified Project for cause, the City
may take possession of the Identified Project site or sites and utilize any and all materials and appliances to be provided under
the respective Project Documents which are located on the site or sites to fmish the Work. The City shall not prejudice any of
the City's rights or remedies under this Agreement or the respective Project Documents, or by law, by terminating this
Agreement in its entirety or as to an Identified Project for cause or by taking possession of the site or sites.
4.1.3. In case of termination of this Agreement in its entirety or as to an Identified Project for cause pursuant
to this subsection, the Contractor sha11 not be entitled to receive any payment for any Identified Project until the Work for such
Identified Project is completed. Upon completion of any such Identified Project, the Contractor shall be given any balance of the
Contract Price less any damages and less the amount of expenses incurred by the City in finishing the Work for such Identified
Project, including any costs in addition to or in excess of those originally contemplated in the Project Documents for such
Identified Project. If the cost in completing the Work for any such Identified Project is greater than the original Contract Price,
the Contractor shall pay the difference to the City upon ten (10) days written demand.
4.2 Termination Without Cause. The City may terminate this Agreement in its entirety or as to an Identified Project
without cause by giving written notice of said termination to the Contractor. In case of termination of this Agreement in its
entirety or as to an Identified Project without cause pursuant to this subsection, the Contractor shall submit his final statement
for all Work performed through the date of termination for the respective Identified Project or, in the case of the termination of
this Agreement in its entirety, for all Identified Projects under this Agreement, which shall be payable in the manner provided in
Section V of this Agreement.
MASTER CONTRACTOR AGREEMENT - 4- 4/2012
� CITY OF
, � Federal
CITY HALL
��� 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. dtyoflederahvay. com
4.3 Acceptance of Inferior Work. In connection with any Identified Project, the City may accept Work that appears
to be incorrect if, in the City's opinion, it is impractical to have the Work corrected. In such case, the City does not waive the
defect, but rather may deduct a reasonable amount for the loss sustained from the Contract Price for said Identified Project. This
subsection is not intended to limit the right of the C ity to recover additional damages as may be permitted under this Agreement,
the respective Project Documents or by law.
4.4 Cessation of Work. Upon receipt of a notice to terminate from the City, the Contractor shall discontinue all
Work under this Agreement and all Project Documents for each Identified Project, unless the notice specifies a later termination
date or that specific Work be completed prior to termination.
5. COMPENSATION.
5.1 Contract Price. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum
amount and according to a rate or method as delineated in Exhibit "B", attached hereto and incorporated by this reference. The
Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the
negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B", the Contractor sha11 be solely responsible for the
payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement.
5.2 Chanse Orders. If the Contractor determines that a change in the Work or Contract Price is required; the
Contractor may submit an estimate for increases or decreases due to such change. The City shall review the requested change. If
the City elects to authorize the change, the City will compute the reduction from or addition to the Contract Price due to said
change and will authorize such change in writing by the issuance of a Change Order. The Contractor will not, and shall not have
any obligation to, perform any change in the Work until a Change Order has been authorized and issued by the City. Under no
circumstances may the amount of the Contract Price, plus Change Orders exceed the maximum amount of assistance authorized
under the EHRP Guidelines.
5.2 Method of Pavment. Once the Work has been completed, the Contractor shall subxnit a Payment Request in the
form specified by the City, including a description of what Work have been performed, the name of the personnel performing
such Work, and any hourly labor charge rate for such personnel. T'he Contractor will then schedule and conduct a walk-thnough
inspection of the Residence together with the Homeowner and the Contractor. During the final inspection, the City's inspector
will prepare a field report in which the City's inspector determines whether the Work has been satisfactorily completed in
accordance with the Project Documents. He will discuss the warranty and any other outstanding issues with the Homeowner.
The City's inspector and the Homeowner will make a list of items that are in need of correction or completion, based upon the
Project Documents (the "Punch List"). The City's inspector will provide the Homeowner and Contractor with a copy of the
Punch List. T'he Contractor will schedule and complete the Work on the Punch List within five (5) days of receipt thereof.
When the Work on the Punch List is complete, the Contractor, Homeowner and City's inspector will verify that a11 such Work
has been completed. Upon completion of all Work on the Punch List and verification of the completion by the Contractor, the
Homeowner and the City's Inspector, the City's Inspector will sign and forward the Payment Request for the final payment to the
City HSD office for processing and payment, which fmal payment, will be made to the Contractor after thirty (30) days from the
date of the Payment Request. If the Work do not meet the requirements of this Agreement, the Contractor will correct or modify
the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements
of the Agreement.
5.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either
defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the
work to comply with the Agreexnent and the City reserves the right to withhold payment from the Contractor until the goods,
materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete anypart ofthis Agreement,
the City may obtain the goods, materials or services from other sources, and Contractor sha11 be liable to the City for any
additional costs incurred by the City. "Additional costs" shall mean a11 reasonable costs, including legal costs and attorney fees,
incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to dedu�t these
additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the
MASTER CONTRACTOR AGREEMENT - 5- 4/2012
� CITY OF
,�. Federal Way
Contractor.
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. cityoifede�alway. com
5.4 Non-Anpropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this
Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the
end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds
are allocated. No penalty or expense shall accrue to the City in the event this provision applies.
5.5 Fina1 Pavment: Waiver of Claims. Contxactor's acceptance of final payment sha11 constitute a waiver of any
and a11 claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final
payment is made.
6. INDEMNIFICATION.
6.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected
officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims,
demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities,
taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or
entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in
connection with this Agreement or the performance of this Agreement, except for that portion of the claixns caused by the City's
sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in
the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the
Contractor's negligence. Contractor shall ensure that each sub-contractor shall agree to defend and indemnify the City, its
elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same
terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's
work when completed shall not be grounds to avoid any of these covenants of indemnification.
6.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any
ixnmunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes
of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of
damages, compensation or bene�its payable to or by any third party under workers' compensation acts, disability benefit acts or
any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver.
6.3 Citv Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers,
directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims,
demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities,
losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities,
including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with
this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City.
6.4 Survival. The provisions of this Section sha11 survive the expiration or termination of this Agreement with
respect to any event occurring prior to such expiration or teimination.
7. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the
performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors performed
under the Proj ect Docuxnents for an Identified Proj ect for the duration of the Agreement and thereafter with respect to any event
occurring prior to such expiration or termination as follows:
7.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and
with such carriers who have a rating that is satisfactory to the City:
MASTER CONTRACTOR AGREEMENT - 6- 4/2012
� CITY OF
,',�,�,�., Fe d e ra I
CITY HALL
��� 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. atyoffederalway. com
a. Commercial generalliability insurance covering liability arising from premises, operations, independent
contractors, products-completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products
liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each
occurrence and $2,000,000 general aggregate.
b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of
the State of Washington;
c. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles with a
minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily
injury, including personal injury or death, and property damage.
7.2. No Limit of Liabilitv. Contractor's maintenance of insurance as required by the agreement sha11 not be
construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as
respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City sha11 be excess of the
Contractor's insurance and shall not contribute with it.
7.3. Additional Insured, Verification. The City shall be named as additional insured on a11 commercial general
liability insurance policies. Concurrent with the execution of this Agreement, Contractor sha11 provide certificates of
insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At
City's request, Contractor sha11 furnish the City with copies of all insurance policies and with evidence of payment of
premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor sha11 be required to
maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon
project completion and acceptance by the City.
7.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement.
8. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement
shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for
immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The
Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records
disclosure request.
9. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design
specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor
while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files
available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or
termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall
be delivered to the City.
10. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and
properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting pmcedures
and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement.
These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative,
the State Auditor, or other governmental officials authorized by law to monitor this Agreement.
11. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS.
11.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that the Contractor
has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained
under this Agreement. The City sha11 be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other
benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment,
MASTER CONTRACTOR AGREEMENT - 7- 4/2012
� CITY OF
, "�...�. Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. ciryoffede�ah�vay. com
except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City,
regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this
Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the
Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington
retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so.
11.2 Sa�. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees,
agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary
for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws
and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work
(Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health
Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades,
signals and other safeguards at a11 unsafe places at or near the site for the protection of its employees and the public, safe
passageways at a11 road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards
and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer,
gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by
the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials
and equipment and is solely responsible for the same
11.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any
loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other
insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit
to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an
independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection
to secure satisfactory completion
12. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during
the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's
ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor
confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who
was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the
Contractor's performance.
13. EQUAL OPPORTUNTTY EMPLOYER In all services, programs, activities, hiring, and employment made possible
by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of
any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age
(except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of
any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in
relationship to hiring and employment. This requirement shall apply to, but not be limited to, the following: employment,
advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil
Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5
and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination.
14. GENERAL PROVISIONS.
14.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains a11 of the
agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or
agreements, whether oral or written, sha11 be effective for any purpose. Should any language in any Exhibits to this Agreement
conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections
of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of
MASTER CONTRACTOR AGREEMENT - 8- 4/2012
` CITY OF
, ',�,,,`..., Federal
CITY HALL
��� 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www! cityoffederalway. com
the provisions of this Agreement. Any provision of this Agreement that is declazed invalid, inoperative, null and void, or illegal
shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect.
Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement
and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision
of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly
authorized representatives of the Parties.
14.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in
whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non-
assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the
Parties sha11 inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This
Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity sha11
have any right of action or interest in this Agreement based on any provision set forth herein.
14.3 Applicable Law. This Agreement is subject to all laws of the United States of America, the State of
Washington, and ordinances of the City and a11 rules and regulations of any regulatory body or office having jurisdiction and in
particular, without limitation, the federal regulations codified at Title 24, Code of Federal Regulations (CFR) Part 570 or 24
CFR Part 92.
14.4 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all
applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations,
rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's
Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement
may be rendered null and void, at the City's option.
14.5 Enforcement. Time is of the essence of this Agreement and each and a11 of its provisions in which performance
is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance
of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning
of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United
States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed
received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended
to be exclusive, but sha11 be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of
the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any
option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to
declare any breach or default ixnxnediately upon occurrence shall not waive such breach or default. Failure of the City to declaze
one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be
made in, govemed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle
any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim,
shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington,
unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over
such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the
personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are
an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay a11 its legal
costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition
to any other recovery or award provided by law; provided, however, however nothixig in this paragraph shall be construed to
limit the Parties' rights to indemnification under Section 5 of this Agreement.
14.6 Execution. Each individual executing this Agreement on behalf of ihe City and Contractor represents and
warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any
MASTER CONTRACTOR AGREEMENT - 9- 4/2012
� GTY OF
,�, Federal
CITY HALL
��� 33325 8th Avenue South
Federa! Way, W�4 98003-6325
(253) 835-7000
www aryoffederahvay. com
number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed
the same document. All such counterparts shall be construed together and shall constitute one insmxment, but in making proof
hereof it sha11 only be necessary to produce one such counterpart. The signature and acknowledgment pages from such
counterparts may be assembled together to form a single instrument comprised of a11 pages of this Agreement and a complete set
of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a.counterpart of this
Agreement shall be the "date of mutual execution" hereof.
[Signature page follows]
MASTER CONTRACTOR AGREEMENT - 10 - 4/2012
� CITY OF
� Federal
CITY HALL
��� 3332� 8th Avenue South
Federal Way, WA 98003-63�5
(253) 835-7000
www dryoffederahvay. com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY
/ / �
���_�i . � _ �
� , , A '
DATE: I � �2-I� 2-
THE PLUMBING JOINT, INC., DBA TPJ, INC.
By: i �s�
Printed Name: 4+ a,�,.� � A�
Title: `1�RSri�n�� — owaw�
DATE: L�- 3�- Zo ► Z
STATE OF WASHINGTON )
) ss.
COUNTY OF I��
ATTEST:
City Clerk, Carol McNe ly, CMC
APPROVED AS TO FORM:
F��C
ity Att y, Patricia A Richardson
On this day } onally appeared before me � h�n 0 ��. to me known to be the
Y1� 5; t�-C n of 'T�,.r _��w• �L..h ,(7 ��' that executed the foregoing
instrument, and acknowledged the said instrument to be the ee and voluntary act and deed of said corporation, for
the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument
and that the seal affixed, if any, is the corporate seal of said corporation.
GIVE���'l�ip�a��i�official seal this �"O day of �j(,�j� G,/ , 20]�,
.�� ��''ssio'`q��9��'�, ,�--
�\NPF�� � F+p� Fi,� % Notary's signature Gv
_ r'v° �.10TA2 y N�. _ Notary's printed name c�.�.� w ��/
_ �'•'� = Notary Public in and for the St te of Washington.
� cr��;•., p�B��C ;�� � My commission expires 2 G 2G ��
.��/q��0�?6•2Q�y G�p\``�.
''�i,,��F/W ASN;?����`��
MASTER CONTRACTOR AGREEMENT - 11 - 4/2012
� CITY OF
, �..- Federal
Identified Proiects
CITY HALL
��� 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. cityofiederalway. com
EXHIBIT ��A"
i � •7q
Pro'ect Number Sco e NTP Date
MASTER CONTRACTOR AGREEMENT �- 12 - 4/2012
CITY OF
'�,'�•..., Federal
CITY HALL
W�� 33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www. cityoflede�alway. com
EXHIBIT ��B"
COMPENSATION
Total Compensation: In return for the Work, the City sha11 pay the Contractor an amount not to exceed five
thousand and 00/100 Dollars ($5,000.00) for the following Identified Projects:
Pro'ect Number Sco e Cost
MASTER CONTRACTOR AGREEMENT - 13 - 4/2012
� CITY OF CITY HALL
,..� Federal Way 33325 8th Avenue South
Federai Way, WA 98003-6325
(253) 835-7000
wtivvw. atyoflederahvay. com
EXHIBIT ��C"
INSURANCE CERTIFICATE
(to be provided by Contractor)
MASTER CONTRACTOR AGREEMENT - 14 - 4/2012
Client#: 31511 TP�
ACORD,M CERTIFICATE OF LIABILITY INSURANCE DATE�MMIDD/YYYY)
9119/2012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATiVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER � N C
NAME:
Beli-Anderson Ins - Eburg C/L PHONE 425 291-5200 ,e c, roo : 4252915100
AIC, No Ext :
1206 N Dolarway, Suite 118 E-MAII
ADDRESS:
Ellensburg� WA 989ZB 1NSURER(S) AFFORDING COVERAGE NAIC 1
509 962-9825 ,�,�„oFa s• Continental Western Insurance C
INSURED
TPJ,1nc.
351 Union Avenue NE
Renton, WA 98059
B:
INSURER D :
INSURER E :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE IISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANOING 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 DESCRIBEO HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
. �� TYPE OF INSURANCE � �N� R yyyp �POUCY NUMBER MM/DD� MM/DDY EXP LIMITS
A GENERAIiIABILITY X CNP2698764 8l20/2012 08/20/207 EACHOCCURRENCE $� OOOOOO
�� X COMMERCIAL GENERAL LIABILITY � � PREMISES�EaE�urrence 32SO OOO
CLAIMS-MADE .� OCCUR MED EXP (Any one person) a 5 000
X PD Ded:SOO PERSONAL 8 ADV INJURY $'I OOO OOO
GENERAIAGGREGATE $Z,OOO��OO
GEN'L AGGREGATE LIMIT APPLIES PER: � PRODUCTS - COMP/OP AGG $Z�OOO�OOO
POLICY j R� LOC COMBINED SINGLE LIMIT $
. A AUTOMOBILE LIABILITY CNP2698764 8/20/2012 08/20/201 ea accident 1�000�000
X ANY AUTO BODILY INJURY (Per person) $
� ALL OWNED SCHEDULED � BODILY INJURY (Per accident) $ �
AUTOS � AUTOS
X HIRED AUTOS X NON-OWNED . PROPERTY DAMAGE $
AUTOS ' Per accidenl
a
q uansr���n uas X occuR CU2698765 SIZOIZO�Z OSIZO/ZO� EACH OCCURRENCE s2 000 000
EXCESS CIAB CLAIM&MADE AGGREGATE $2 �OOO OOO
� DED �. � �RETENTION $ §
WORKERS COMPENSATlON CN�P2698764 8/20/2072 08/20/201 �� � Wc srnTU- oTr+-
AND EMPLOYERS' ilAB1UTY
�� /4 ANY PROPRIETOR/PARTNER/EXECUTIVE� -WA �S�OP Gap- � E.L. EACH ACCIDENT .$� OOO OOO
� OFFICER/MEMBER EXCLUDED? N N/ A � �
(Mandatory.in NH) �� f.L. DISEASE - EA EMPLOYEE $� ��0 ���
If�yes, describe undar E.L. DISEASE - POLICY LIMIT $�.��0� ���
. DESCRIPTION OF OPERATIONS below
' DESCRIPTION OF OPEftATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
The certificate'holder is additional insured for general liability, but only if required by written
contract or written agreement per endorsement CLCG0020 0307.
City of Federal Way
33325 8th Ave S
Federal Way, WA 98003
SHOULD ANY OF THE ABOYE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
, � �h .�,�--
O 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD
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