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HomeMy WebLinkAboutSWP272120(3) (2) O FA-1 of 7 FHWA FEDERAL-AID CONTRACTS ONLY THIS AGREEMENT, made and entered into this day of 19 , by and between THE CITY OF RENTON, Washington , a municipal corporation of the State of Washington , hereinafter referred to as "CITY" and Robison Construction, Inc. hereinafter referred to as "CONTRACTOR. " W I T N E S S E T H: 1 ) The Contractor shall within the time stipulated, (to-wit: within 45 working days from the date of commencement hereof as required by the Contract, of which this agreement is a component part) perform all the work and services required to be performed, and provide and furnish all of the labor, materials, appliances, machines , tools, equipment, utility and transportation services necessary to perform the Contract, and shall complete the construction and installation work in a workmanlike manner, in connection with the City' s Project (identified as No. for improvement by construction and installation of: I-405 STORM DRAIN CROSSING NORTH OF NE 44TH ST. All the foregoing shall be timely performed, furnished, constructed, installed and completed in strict conformity with the plans and spec- ifications , including any and all addenda issued by the City and all other documents hereinafter enumerated, and in full compliance with all applicable codes , ordinances and regulations of the City of Renton and any other governmental authority having jurisdiction thereover. It is further agreed and stipulated that all of said labor, materials, appliances , machines , tools, equipment and services shall be furnished Federal-Aid Contracts (FHWA Only) FA-2 of 7 and the construction installation performed and completed to the satisfaction and the approval of the City's Public Works Director as being in such conformity with the plans, specifications and all require- ments of or arising under the Contract. 2) The aforesaid Contract, entered into by the acceptance of the Contractor' s bid and signing of this Agreement, consists of the following documents, all of which are component parts of said Contract and as fully a part thereof as if herein set out in full , and if not attached, as if hereto attached: a) This Agreement b) Instruction to Bidders c) Bid Proposal s�- Jc I;�5- d) Gene►�l-ions s ml,era�'1S/Uy►S e) S p e c i fiea-tton S Pc/rj l /troYeS ^,(/h r f) Maps and Plans , /�h�(�tip� /�'�`` �►'rn� � g) Bid h) Advertisement for Bids i ) Spec-i-c�-ontract Pro , %e-zM1 Kc l �r4 3) If the Contractor refuses or fails to prosecute the work or any part thereof, with such diligence as will insure its completion within the time specified in this Contract, or any extension in writing thereof, or fails to complete said work within such time, or if the Contractor shall be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver shall be appointed on account of the Contractor's insolvency, or if he or any of his Federal-Aid Contracts (FHWA Only) FA-3 of 7 subcontractors should violate any of the provisions of this Contract, the City may then serve written notice upon him and his surety of its intention to terminate the Contract, and unless within ten (10) days after the serving of such notice, such violation or non-compliance of any provision of the Contract shall cease and satisfactory arrangement for the correction thereof be made, this Contract, shall , upon the expiration of said ten (10) day period, cease and terminate in every respect. In the event of any such termination , the City shall immediately serve written notice thereof upon the surety and the Contractor and the surety shall have the right to take over and perform the Contract, provided, however, that if the surety within fifteen (15) days after the serving upon it of such notice of termination does not perform the Contract or does not commence performance thereof within thirty (30) days from the date of serving such notice, the City itself may take over the work under the Contract and prosecute the same to completion by Contract or by any other method it may deem advisable, for the account and at the expense of the Contractor, and his surety shall be liable to the City for any excess cost or other damages occasioned the City thereby. In such event, the City, if it so elects, may, without liability for so doing, take possession of and utilize in completing said Contract such materials, machinery, appliances, equipment, plants and other properties belonging to the Contractor as may be on site of the project and useful therein. 4) The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the City. Federal-Aid Contracts (FHWA Only) FA-4 of. 7 5) Contractor agrees and covenants to hold and save the City, its officers, agents, representatives and employees harmless and to promptly indemnify same from and against any and all claims, actions , damages, liability of every type and nature including all costs and legal expenses incurred by reason of any work arising under or in connection with the Contract to be performed hereunder, including loss of life, personal injury and/or damage to property arising from or out of any occurrence, omission or activity upon, on or about the premises worked upon or in any way relating to this Contract. This hold harmless and indemnification provision shall likewise apply for or on account of any patented or unpatented invention, process, article or appliance manufactured for use in the performance of the Contract, including its use by the City, unless otherwise specifically provided for in this Contract. In the event the City shall , without fault on its part, be made a party to any litigation commenced by or against Contractor, then Contractor shall proceed and hold the City harmless and he shall pay all costs, expenses and reasonable attorney's fees incurred or paid by the City in connection with such litigation. Furthermore, Contractor agrees to pay all costs , expenses and reasonable attorney's fees that may be incurred or paid by the City in the enforcement of any of the covenants, provisions and agreements hereunder. 6) Any notice from one party to the other party under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by its duly authorized representative of such party. Any such Federal-Aid Contracts (FHWA Only) FA-5 of 7 notice as heretofore specified shall be given by personal delivery thereof or by depositing same in the United States mail , postage prepaid, certified or registered mail . 7) The Contractor shall commence performance of the Contract no later than 10 calendar days after Contract final execution and shall complete the full performance of the Contract not later than 45 working days from the date of commencement. For each and every working day of delay after the established day of completion, it is hereby stipulated and agreed that the damages to the City occasioned by said delay will be the sum of TWO HUNDRED TEN DOLLARS ($210.00) as liquidated damages (and not as a penalty) for each such day, which shall be paid by the Contractor to the City. 8) Neither the final certificate of payment nor any provision in the Contract nor partial or entire use of any installation provided for by this Contract shall relieve the Contractor of liability in respect to any warranties or responsibility for faulty materials or workmanship. The Contractor shall be under the duty to remedy any defects in the work and pay for any damage to other work resulting therefrom which shall appear within the period of one (1 ) year from the date of final acceptance of only that work listed in Group(s) of the Summary of Quantities in the Contract Plans, i .e. the "Federal Non-participating Items," unless a longer period is specified. However, all manufacturers' warranties or guarantees on electrical and mechanical Federal-Aid Contracts (FHWA Only) FA-6 of 7 equipment, consistent with those provided as customary trade practice, shall be assigned to the City at the time of project acceptance. The Contractor shall further be required to supply warranties or guarantees providing for satisfactory in-service operation of any mechanical and electrical equipment and related components involved in of the Summary of Quantities in the Contract Plans, i .e. "Federal Participating Items," for a period not to exceed 6 months following project acceptance. The City will give notice of observed defects as heretofore specified with reasonable promptness after discovery thereof, and Contractor shall be obligated to take immediate steps to correct and remedy any such defect, fault or breach at the sole cost and expense of Contractor. 9) The Contractor and each subcontractor, if any, shall submit to the City such schedules of quantities and costs , progress schedules, payrolls, reports, estimates, records and miscellaneous data pertaining to the Contract as may be requested by the City from time to time. 10) The Contractor shall furnish a surety bond or bonds as security for the faithful performance of the Contract, including the payment of all persons and firms performing labor on the construction project under this Contract or furnishing materials in connection with this Contract; said bond to be in the full amount of the Contract price as specified in Paragraph 11 . The surety or sureties on such bond or bonds must be duly licensed as a surety in the State of Washington. s Federal-Aid Contracts (FHWA Only) FA-7 of 7 11 ) The total amount of this Contract is the sum of One hundred eighteen thousand ($118,420.00) four hundred twenty dollars , which includes Washington State Sales Tax. Payments will be made to Contractor as specified in the "general conditions" of this Contract. IN WITNESS WHEREOF, the City has caused these presents to be signed by its Mayor and attested by its City Clerk and the Contractor has hereunto set his hand and seal the day and year first above written. CONTRACTOR CITY OF RENTON President/Partner/Owner Mayor ATTEST: Secretary City Clerk d/b/a/ Firm Name Individual Partnership Corporation A Corporation State of Incorporation Attention: If business is a CORPORATION, name of the corporation should be listed in full and both President and Secretary must sign the contract, OR if one signature is permitted by corporation by-laws, a copy of the by-laws shall be furnished to the city and made a part of the contract document. If business is a PARTNERSHIP, full name of each partner should be listed followed by d/b/a (doing business as) and firm or trade name; any one partner may sign the contract. If business is an INDIVIDUAL PROPRIETORSHIP, the name of the owner should appear followed by d/b/a and name of the company.