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HomeMy WebLinkAboutContract NOW `..I CAG-10-114 ® City of , o CONTRACT AGREEMENT THIS AGREEMENT is made as of the day of 44e _, 2010, between the CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter referred to as "CITY' and Hot Mix Pavers, Inc., hereinafter referred to as"CONTRACTOR,"to repair and repave an existing asphalt pathway, and install root barrier, in Earlington Park, 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 Scope of Work which is included with this Agreement as Attachment"A," 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 ten (10)calendar days after the Notice to Proceed, and shall complete the full performance of the Contract not later than 30 calendar days from the date of commencement. 4. Term Of Contract.The Term of this Agreement shall end at completion of the enclosed scope of work. This Agreement may be extended to accomplish change orders, if required, upon mutual written agreement of the City and the Contractor. 5. Contract Lump Sum. The total lump sum of this Contract is the sum of$27,270.98 which includes Washington State Sales Tax. Written approval shall be sought by the Contractor prior to proceeding beyond this budget maximum. 6. 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. 7. Employment.The Contractor's employees are not employees of the City of Renton. 8. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of this Contract without express written consent of the City of Renton. 9. 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. 10. 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, including claims from third parties, 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.The parties have negotiated a waiver of Title 51 RCW and the immunities of that title are hereby waived,for the purposes of this section only, should an employee of either party make a claim sue or pursue a cause of action against the other party. 11. Insurance. The Contractor shall maintain throughout the duration of this contract the following insurance requirements; General Liability insurance in the amount of$1,000,000 per occurrence/$2,000,000 aggregate; Professional Liability insurance in the amount of$1,000,000 per claim;Automobile Liability in the amount of$1,000,000 per accident; and proof of Workers' Compensation coverage. The City of Renton will be name as a Primary and Non-Contributory Additional Insured on the insurance policy and an endorsement stating such shall be provided. 12. 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. 13. Conflicts. In the event of any inconsistencies between Contractor proposals and this contract,the City of Renton contract shall prevail. 14. Prevailing Wage Rates. By executing this Contact, the Contractor agrees to comply with the State prevailing wage requirements as set forth in the Contract Documents. This Agreement is entered into as of the day and year written above. CONTRACTOR CITY OF RENTON Signature Signature `��'���� V 1 0r ° v Ter Hiashi ama Printed and Title Community Services Administrator Hot Mix Pavers Inc. Printed Name and Title Business Name 4400 S. 131St Place Mailing Address Tukwila,WA 98168-3259 city State Zip 206-324-0106 Telephone D City of Attachment 'A' Earlington Park—Asphalt Pathway Replacement Scope of Work Hot Mix Pavers, Inc. will repair and repave the asphalt pedestrian path at Earlington Park. The scope of work includes the installation of 400 linear feet of root barrier,the repair of sections of the path damaged by tree roots, and repaving the asphalt portions of the pedestrian path. Payment will be a stipulated sum of Twenty Seven Thousand Two Hundred Seventy and 98/100 Dollars ($27,270.98), which includes WSST. RENTON AHEAD OF THE CURVE