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HomeMy WebLinkAboutContractAGREEMENT Armando Pavone Mayor CONTRACT NO. CAG-23-299 THIS AGREEMENT, made and entered into this 4th day of January, 2024 by and between the CITY OF RENTON, Washington, a municipal corporation of the State of Washington, hereinafter referred to as "City" and Active Construction, Inc., hereinafter referred to as "Contractor." Now, therefore the parties agree as follows: 1.Agreement. This agreement incorporates the following documents as if fully set forth herein: the 2022 Standard Specifications for Road, Bridge, and Municipal Construction, as prepared by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association, including all published amendments issued by those organizations ("Standard Specifications"); the City's Contract Bid Documents for the Project, including but not limited to Addenda, Proposal Form, Special Provisions, Contract Plans, and Amendments to the Standard Specifications; Contractor's Proposal and all documents submitted therewith in response to the City's Call for Bids Documents; and any additional documents referenced as comprising the Contract and Contract Documents in Section 1-04.2 of the Standard Specifications, as revised by the Amendments and Special Provisions included with the City's Call for Bids and Contract Documents. 2.Project. Contractor shall complete all work and furnish all labor, tools, materials, and equipment for the project entitled Burnett Avenue S Sidewalk and Utility Replacement Project, WTR-27-4244, including all changes to the Work and force account work, in accordance with the Contract Documents, as described in Section 1-04.2 of the Special Provisions. 3.Payments. City shall pay Contractor at the unit and lump sum prices, and by force account as specified in the Proposal according to the Contract Documents as to time, manner, and condition of payment in a contract amount not to exceed $897,897.00, unless modified by an approved change order or addendum. The payments to Contractor include the costs for all labor, tools, materials and equipment for the Work. 4.Completion Date. Contract time shall commence upon City's Notice to Proceed to Contractor. The Work under this Agreement shall be completed within the time specified in the Contract Bid Documents. Substantial Completion for this project must occur by May 31, 2023. If the Physical Work under this Agreement is not completed within the time specified, Contractor shall pay liquidated damages and all engineering inspection and supervision costs to City as specified in the Contract Bid Documents. 5.Attorney's Fees. In the event litigation is commenced to enforce this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney's and expert witness fees. 6.Grant Compliance. The Contractor, and any subcontractors on the Project, shall follow all applicable terms of the Grant Contract included in the Contract Documents (under #24 of Table of Contents). 7.Disclaimer. No liability of Contractor shall attach to City by reason of entering into this Agreement, except as expressly provided in this Agreement. The Department of Commerce and the State of Washington are not liable for CAG-23-299 claims or damages arising from the Contractor's performance of the Work or any subcontractor's performance of the Work. 8.Counterparts. This Agreement is executed in two (2) identical counterparts, by the parties, each of which shall for all purposes be deemed an original. IN WITNESS WHEREOF, the City has caused these presents to be signed by its Mayor and attested by its City Clerk and the ·Sontractor has hereunto set his hand and seal the day and year first above-written. 1 CONTRACTOR: Activ � President/Partner/Owner David Ceccanti, President Corporate bylaws attached Secretary d/b/a Active Construction, Inc. CITY OF RENTON: Armando Pavone, Mayor ATTEST Jason Seth, City Clerk FIRM INFORMATION CHECK ONE: □Limited Liability Company □Partnership � Corporation STATE OF INCORPORATION: Washington CONTRACTOR CONTACT INFORMATION: Active Construction, Inc. 5110 River Road E Tacoma, WA 98443 253-248-1091 davidp@activeconstruction.com Attention: CITY CONTACT INFORMATION: City of Renton (Jonathan Chavez) 1055 South Grady Way Renton, WA 98057 425-430-7208 ichavez@rentonwa.gov If business is a CORPORATION, the name of the corporation should be listed in full and both the 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 the business is a PARTNERSHIP, the 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 the business is a limited Liability Company, an authorized managing member or manager must sign followed by his/her title. Burnett Avenue S Sidewalk & Utilities Replacement Project CAG-23-299 I:\ WTR-27-4244 u Contract Template Updated 12/29/2017 Contract Agreement.docx\ Date 1/4/2024