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Home My WebLink AboutContract Noe CAG-02-166 ti`tY O ♦ J ��'N'f�� CITY OF RENTON COMMUNITY SERVICES DEPARTMENT CONTRACT AGREEMENT THIS AGREEMENT is made as of the- day of 0 between the CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and Northwest Asphalt, INC. , hereinafter referred to as "CONTRACTOR", to provide cart path paving at the Maplewood Golf Course. The City and Contractor agree as set forth below. 1. Scope of Services. The Contractor will provide all material and labor necessary to perform all work described in the Proposal which is included with this Agreement. 2. Changes in Scope of Services. The City , without invalidating the Contract, may order changes in the Services consisting of additions, deletions or modifications,the Contract Sum being adjusted accordingly. Such changes in the work shall be authorized by written Change Order signed by the City and the Contractor. 3. Time of Performance. The Contractor shall commence performance of the Contract no later than October 7th, 2002 and shall complete the full performance of the Contract not later than October 21, 2002. If the Contractor fails to complete the Work by the completion date Liquidated Damages in the amount of Five Hundred Dollars ($500.00) per day will be assessed for each calendar day the Contractor exceeds the Completion Date. An extension of time will be granted if weather conditions prohibit performance of work. A written request must be approved by the Owners Representative based on working conditions, prior to extension of time being granted. 4. Contract Sum. The total amount of this Contract is the sum of($42,668.36) Forty-two thousand six hundred sixty eight and 36/100 cents which includes Washington State Sales Tax. 5. Method of Payment. Payment by the City for the Services will only be made after the Services have been performed and a voucher or invoice is submitted in the form specified by the City. Payment will be made thirty(30) days after receipt of such voucher or invoice. The City shall have the right to withhold payment to the Contractor for any work not completed in a satisfactory manner until such time as the Contractor modifies such work so that the same is satisfactory. The City of Renton will retain 5%of final payment until such time as specified conditions have been met. See attachment. 6. Warranty. The Contractor shall be under the duty to remedy any defects in the work and pay for any damage to other work resulting therefrom. 7. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of this Contract without express written consent of the City of Renton. ``w 8. Record Keeping and Reporting. The Contractor shall maintain accounts and records which properly reflect all direct and indirect costs expended and services provided in the performance of this Agreement. The Contractor agrees to provide access to any records required by the City. 9. Hold Harmless. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Contractor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Contractor. 10. Insurance. The Contractor shall secure and maintain in force throughout the duration of this contract Commercial General Liability insurance. A Certificate of Insurance evidencing the contractor's insurance coverage shall be delivered to the City before executing the Work of this Agreement. 11. Compliance with Laws. The Contractor and all of the Contractor's employees shall perform the services in accordance with all applicable federal, state, county and city laws, codes and ordinances. 12. Conflicts. In the event of any inconsistencies between contractor proposals and this contract, the City of Renton contract shall prevail. This Agreement is entered into as of the day and year written above. ONTRACTOR � CITY OF RENTON PUB Signature Signature CA5EJ PUB A VIcc'?ZE51 QElT Jesse Tanner, Mayor �Y Printed Name and Title Printed Name and Title Northwest Asphalt, Inc. '41," J Business Name Attest PO Box 1647 Bonnie Walton, City Clerk Mailing Address Printed Name and Title Renton WA 98057-1647 city State Zip 425-254-1820 Telephone From AIA201-1997 *400 9.3 APPLICATIONS FOR PAYMENT (these are additions that CIP dept. has added and uses as standard language) 9.3.1 Insert I: a. The Owner shall retain a sum equal to five percent (5%) of the amount earned by the Contractor, as a trust fund for the protection and payment of any person or persons, mechanics, subcontractor, or material suppliers, who shall perform any labor upon this Contract, and all persons who shall supply such person or persons of Subcontractors with provisions and supplies for carrying on of such work and the State of Washington with respect to taxes imposed pursuant to RCW Title 82 which may be due from same Contractor. Insert J: b. In accordance with the provisions of Chapter 60.28 RCW, above trust fund shall be retained for a minimum period of sixty (60) days following Final Completion and when the requirements of the Contract and requirements in AIA document A101-1997, section 5.2 , have been fulfilled. Insert K: In the event these requirements are not met, the Owner may pay a percentage of the retainage, holding back that quantity of money reasonable to complete the unfinished items. Retainage held may cover costs including, but shall not be limited to, the following: material suppliers and laborer's liens, tax liens, cost and attorney's fees to defray the cost of foreclosing all of the liens, costs, and Architect's fees to defray cost of additional Construction Administration services. Refer to AIA document A101-1997, section 5.2 — FINAL PAYMENT and specifications. From AIA document A101-`M57 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent(5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Subparagraph 7.3.8 of AIA Document 201-1997. .2 Add that portion of the Contract Sum properly allocable to materials and equipment deliverd and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of five percent (5%). .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document A201-1997. 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.1.6 shall be further modified under the following conditions: .1 Add, upon Substantial Completion of Work, a sum sufficient to increase the total payments to ninety-five percent (95%) of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims. .2 Add, if final completion of Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of AIA Document A201-1997. 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Subparagraph 12.2.2 of AIA Document A201-1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 A final Certificate for Payment has been issued by the Architect. .3 Affidavits of Wages Paid have been certified by the Washington State Dept. of Labor and Industries. .4 Proof of Taxes paid has been certified by the Washington State Dept. of Revenue. .5 Proof of release of any labor, material or other claims against retainage has been submitted to the City. .6 Passage of statutory time for filing lien claims without any such filing or if there are any lien claims filed, failure to prosecute those claims within statutory times or if timely prosecuted, final judgement. Scope of Work Maplewood Golf Course Paving Backside Cart Paths 1. Provide a written estimate including tax for the remaining cart paths on the back nine holes. Include the following items. 1.) Fine grade & compact existing cart paths 2.) Apply weed kill before paving 3.) Apply class `B"hot mix compacted to 2 inches The Golf Course will supply crushed rock if necessary. 2. Provide a written estimate including tax for the drive area in front of the Maintenance office. Include all previous items. ( Change item 3 to read 4 inches for this section.) Steve Meyers Golf Course Superintendent 425-430-6806 Fax 425-430-6801 i ST is ;. TEE — !`-f j`f JE C-'P'H�l l io'wu� l 1-7 TEE ,IT GRE�tJ N IIf /1 i_i , r 1 '®ro ID r-af�f FIRTH S g� WIDE T EkC�-:PT wv-IEpc NBTCo 8� u►►DE 13 T 13 o' T ��d� 10 10� wIDE START TO F 1Ni,SH i