Loading...
BLD2024-0397+CONTRACT+3.21.2024_10.21.40_AM+4148585STANDARD SERVICES CONTRACT THIS STANDARD SERVICES CONTRACT (the "Agreement"), dated as of March 6, 2024 is entered into by and between Edmonds Sunset LLC ("Owner"), having an address of I I I Sunset ve��]]��, 1juke 200, dmonds, WA 98020 and Brian Spillman ("Contractor"), having an address of �d _5 J_XW Y relating to the Services (hereinafter defined) to be performed at: I I I Sunset Ave N, Edmonds WA 98020 (the "Property") e�rty") In consideration of the mutual covenants contained herein and other good and valuable consideration, the sufficiency and receipt of which is acknowledged, Owner and Contractor hereby agree as follows: I. DEFINITIONS A. "Term" means the period commencing on March 61h. 2024, and continuing up to and including completion of project, not to exceed 180 days. B. "Services" means the work describe in Exhibit A attached hereto and includes all labor, material and equipment needed to accomplish such work. For said Services, Owner shall pay Contractor the sum Seven Thousand Five Hundred Dollars ($7,500) (which amount includes all applicable taxes, permits, licenses and insurance premiums relating to the Services) as follows: A down payment of Three Thousand Seven Hundred Fifty Dollars ($3,750.00), paid within 10 days of signing of contract, with the balance of Three Thousand Seven Hundred Fifty Dollars ($3,750.00) plus materials used, paid within 30 days after completion of Exhibit A and the submission of Receipts for Materials used. II. DUTIES OF CONTRACTOR A. Contractor shall provide all labor, supervision, material and equipment necessary to perform and complete the Services in all respects. Contractor hereby wan -ants that all Services shall be performed in a timely and first-class workmanlike manner. Contractor, at its sole cost and expense, shall comply with all laws, rules, regulations, ordinances and codes applicable to the Services. The Contractor shall take reasonable measures to ensure the safety of its employees and agents, the Owner and each of its employees and agents, and the public during the performance of the Services. Contractor may, with the prior approval of the Owner, procure subcontractors to accomplish one or more aspects of the Services, provided that Contractor shall remain fully liable to the Owner for the acts or omissions of any subcontractor, and no subcontractor shall be deemed to be a contractor, agent or employee of the Owner. B. Contractor shall not be entitled to be paid or reimbursed by Owner for any labor, supervision, material or equipment that is in excess of the scope of services unless the cost and scope of such extra services have been agreed upon in writing by Owner. Any unauthorized extra services famished by Contractor except in accordance with the foregoing will be provided at Contractor's sole cost and expense and, to the fullest extent possible under applicable law, Contractor waives any claim for unjust enrichment by Owner arising out of any such extra services. C. Contractor shall keep the Property free and clear at all times of all excess materials, debris, trash and equipment. III. DUTIES OF OWNER A. Owner may reject any non -conforming Services or give such instructions as, in Owner's discretion, may be necessary to convect any deficiencies. Contractor agrees to promptly correct any nonconforming work at its sole cost and expense. The Owner shall approve any payments to the Contractor, based on its observation of the Services. No changes to this Agreement shall be binding upon the Owner unless approved in writing by the Owner. B. The liability of Owner under this Agreement shall be limited to Owner's interest in the Property and Contractor shall not look to any of Owner's other assets for enforcement or satisfaction of any such obligation. 1V. TERMINATION OR COMPLETION OF CONTRACT A. Contractor shall remain obligated during and after the termination of this Agreement to reimburse to Owner any amounts necessary to obtain a discharge of any liens arising directly or indirectly in connection with Services with respect to which Contractor has received payment, including reasonable costs and attorneys' fees. B. Acceptance of final payment by the Contractor for the performance of Services at a Property shall constitute a release by the Contractor of the Owner from any and all claims at the Property arising out of this Agreement. C. Owner may terminate this Agreement, with or without cause, at any time during the Term upon no less than 30 days prior written notice to Contractor. In addition, if Contractor breaches its obligations under this Agreement and such breach continues for 3 days following written notice from Owner then, in addition to any remedies available to Owner at law or in equity, Owner may immediately terminate this Agreement effective upon delivery of written notice of termination to Contractor. V. CONTRACTOR'S REPRESENTATIONS AND INDEMNITY A. Contractor or subcontractor (if any) retained for the purpose of accomplishing the Services has or shall have prior to commencing the Services all necessary licenses, permits and certifications required in order to accomplish the Services in accordance with all applicable laws, rules, regulations and rulings, and shall comply with and give all notices required by applicable laws, ordinances, rules, regulations and orders of public authorities. The provisions of the Equal Opportunity clauses at 41 C.F.R. §60-1.4(a), 41 C.F.R. §60-250.4 and 41 C.F.R. §60-741.5(a) are incorporated herein and made part hereof. Partied to this Agreement are governed by these regulations as the same may be amended. B. Except to the extent caused by the negligence or willful misconduct of Owner, the Contractor agrees to indemnify, hold harmless and, at Owner's option, defend the Owner from and against all claims, damages, losses and expenses including reasonable attorney's fees and costs of defense arising out of or alleged to arise out of or resulting from (1) any act or omission of the Contractor, and subcontractor, anyone employed by or acting on behalf of any of them, or anyone for whose acts any of them may be liable, including but not limited to those related to the performance of Services or any such acts or omissions that are not within the scope of this Agreement, or (2) any claim made by any employee, agent or subcontractor of Contractor. Contractor's indemnification obligations shall survive the expiration or early termination, in whole or in part, of this Agreement. C. The indemnification obligation under this Article shall not be limited in any way by any limitation of the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any applicable workers' or workmen's compensation acts or other insurance requirements herein. VI. INSURANCE The Contractor and each subcontractor (if any) who may be engaged by the Contractor shall maintain the Commercial General Liability insurance with aminimum combined single limit for bodily injury and property damage per occurrence in the amount of $1,000,000.00, which can be achieved through a combination of primary and excess liability (umbrella) policies. The Owner shall be included as additional insureds under Contractor's Commercial General Liability insurance policy using a standard I.S.O. form or its equivalent. Certificates of insurance showing such coverages to be in force shall be provided to Owner prior to commencing work. Neighbor has required he be named as additional insured. V1I. MISCELLANEOUS A. This Agreement shall constitute the entire agreement of the parties and shall supersede any other agreements that may exist between the parties as of the date hereof. B. This Agreement shall be governed by the laws of the state in which the Property is located. C. All notices to be given in connection with this Agreement shall be in writing and shall be effective when delivered to Contractor or Owner, as may be the case, at their respective addresses set forth in this Agreement. Date of delivery shall be, as applicable, (1) when delivered, if personally delivered, (2) forty-eight (48) hours after posting, if sent by certified mail, return receipt requested, postage prepaid, and (3) the next business day after deposit with the courier company, if sent by overnight courier. D. If any provision(s) of this Agreement should be held void, voidable, or unenforceable, the remaining portions hereof shall remain in full force and effect. E. Neither party may assign all or any part of its rights or obligations under this Agreement without the prior written consent of the other party, which consent may be withheld in the sole and absolute discretion of the other party, and any attempt to do so shall be null and void and of no force or effect whatsoever. Notwithstanding the foregoing, Owner may assign its interest in this Agreement to a successor by purchase of the Property, in which case Owner shall be released from liability under this Agreement from and after the effective date thereof. F. Each party hereto acknowledges that it is authorized to enter into this Agreement, and that the person signing below is authorized to enter into this Agreement on its behalf. G. Under no circumstances shall Owner of Contractor be considered an agent or partner of the other. The status of Contractor shall be that of an independent contractor and not that of a servant, agent or employee of the Owner Related Parties. Contractor shall not hold itself out, nor claim to be acting, as a servant, agent or employee of Owner. Contractor is not authorized to, and shall not make or undertake, any agreement, understanding, waiver or representation on behalf of Owner. H. If either party institutes a suit against the other for violation of or to enforce any covenant or condition of this Agreement, or if either party intervenes in any suit in which the other is a party to enforce or protect its interest or rights, the prevailing party shall be entitled to all of its costs and expenses, including, without limitation, court costs and reasonable attorneys' fees. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. OWNER: By: ✓l -�'�I P Name: Title: �tN CONTRACTOR: By: Name: .a Title:%<7 EXHIBIT A Description of Services Owner shall have his contractor pressure wash, scrape, and apply a white paint. Contractor shall paint a mural on the South Facing wall as shown. s. T: