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HomeMy WebLinkAboutContract CAG-18-062 t, s., AGREEMENT CONTRACT NO. [CAG-18-062] THIS AGREEMENT, made and entered into this 31 day of July, 2018 by and between the CITY OF RENTON, Washington, a municipal corporation of the State of Washington, hereinafter referred to as "City" and Quigg Brothers, 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 City's Contract Bid Documents for the Project, including but not limited to Bid package, Instructions to Bidder, General Conditions Addenda, Proposal Form, Supplemental Conditions, 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 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 Gene Coulon Memorial Beach Park Structural Repairs, [CAG-18-062], including all changes to the Work and force account work, in accordance with the Contract Documents. 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 $ 2,376,000.00, unless modified by an approved change order or addendum. The payments to Contractor include the costs for all labor, tools, materials and equipment, and Washington State Sales Taxes 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. 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. Independent Contractor: Contractor's employees, while engaged in the performance of any of Contractor's services under this Agreement, shall be considered employees of the Contractor and not employees, agents, representatives of Renton and as a result, shall not be entitled to any coverage or benefits from the City of Renton. Contractor's relation to Renton shall be at all times as an independent contractor. Any and all Workman's Compensation Act claims on behalf of Contractor employees, and any and all claims made by a third-party as a consequence of any negligent act or omission on the part of Contractor's employees, while engaged in services provided to be rendered under this Agreement, shall be the solely Contractor's obligation and responsibility. 6. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. 7. Severability. A court of competent jurisdiction's determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. 8. 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. 9. Disclaimer. No liability of Contractor shall attach to City by reason of entering into this Agreement, except as expressly provided in this Agreement. 10. 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 Contractor has hereunto set his hand and seal the day and year first above-written. CONTRACTOR: CITY OF RENTON: Of2- Vice Presid , Denis Law, ayor +++++++tHnttttrht ATTEST.4$1`MOI~ 9r 5 = SEAQ. J..wn Seth, Ei rk / sE45'6�+`�� FIRM INFORMATION d/b/a Quigg Brothers, Inc. CHECK ONE: ❑ Limited Liability Company ❑ Partnership ® Corporation STATE OF INCORPORATION: Washington CONTRACTOR CONTACT INFORMATION: CITY CONTACT INFORMATION: P.O. Box 1707 City of Renton 819 West State Street 1055 South Grady Way Aberdeen,WA 98520-0281 Renton, WA 98057 (360) 533-1530 Alan J. Wyatt, (425)430-6571 qbibid@quiggbros.com Awyatt@rentonwa.gov Gene Coulon Memorial Beach Park Structural Repairs [CAG-18-062] soR ® ', [Enter Date] 'g Attention: 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 an limited Liability Company,an authorized managing member or manager must sign followed by his/her title. Gene Coulon Memorial Beach Park Structural Repairs [CAG -18-062] Date] ate] `!