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Home My WebLink About10-030 - Terra Dynamics Inc - Duwamish Riverbend Hill ConstructionAgreement THIS AGREEMENT is made by TERRA DYNAMICS INC. 34721 West Valley Hwv. So. as follows: AGREEMENT Duwamish Riverbend Hill Construction Rev. 2008 January 6, 2010 CONTRACT NO. 10 030 Council Approval 3/01/10 and between the City of Tukwila, Washington "City") and "Contractor whose primary location of business is at Alaona. WA 98001 Now, therefore the parties agree C 1 1. Inclusive Agreement. All bidding documents are included in this Agreement and are incorporated herein by reference. The documents are considered as one, and whatever is called for by any one of the documents shall be binding as if called for by all. 2. Project Scope of Work. The Contractor shall complete all work and furnish all labor, tools, materials, and equipment for the project entitled DUWAMISH RIVERBEND HILL CONSTRUCTION, Project No. 90330109, including all changes to the work, in accordance with this Agreement. 3. Payments. The City shall pay the Contractor at the unit and lump sum prices as specified in the bidding documents as to time, manner, and condition of payment. Payments to the Contractor shall include the costs for all labor, tools, materials and equipment for the work. 4. Completion Date. Contract time shall commence upon the City's Notice to Proceed date. The work under this Agreement shall be completed within the time specified in the bidding documents. If the work under this Agreement is not completed within the time specified within the bidding documents, the Contractor shall pay liquidated damages and all engineering inspection and supervision costs to the City as specified in the bid proposal. 5. Prevailing Wages. The Contractor and all subcontractors shall pay all laborers, workmen and mechanics the prevailing wage and shall file the required "Statement of Intent to Pay Prevailing Wages" and an "Affidavit of Wages Paid" in conformance with RCW 39.12. 6. Independent Contractor. It is the intention and understanding of the City and the Contractor that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay the Contractor sick leave, vacation pay or any other benefit of employment. The Contractor shall pay all income and other taxes due. The Contractor will be solely responsible for its acts and for the acts of its agents, employees, sub Contractors or representatives during the performance of this Agreement. Nothing in this Agreement shall be considered to create the relation of employer and employee or principal and agent between the parties hereto. 7. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 8. Insurance. The Contractor shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $1,000,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. Certificates of coverage as required above shall be delivered to the City within fifteen (15) days of execution of this Agreement. Agreement C -2 9. Record Keeping and Reporting. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 10. Termination. This Agreement may be terminated immediately, with or without cause, by the City. In the event this Agreement is terminated or suspended, the Contractor shall be entitled to payment for all services satisfactorily performed and reimbursable expenses incurred to the date of termination. 11. Discrimination. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 12. Assignment and Subcontract. The Contractor shall not assign or transfer any interest in this Agreement or subcontract any portion of the services contemplated hereunder without the prior written consent of the City. 13. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. 14. Disclaimer. No liability of the Contractor shall attach to the City by reason of entering into this Agreement, except as expressly provided in this Agreement. 15. Amendment. This Agreement may not be modified or amended except by writing signed by all parties hereto. 16. Severability. Each and every provision of this Agreement shall be deemed to be severable. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and the Agreement shall be construed in all respects as if such invalid or unenforceable provision were not a part of this Agreement. CITY F TUKWI CTOR Gt... M or Attes This City Clerk ay of CVCh Approved as to Form City Attorney Address for giving notices: 2010 k C4- k _1()L6 QT,& Li c 1J'' Duwamish Riverbend Hill Construction January 6, 2010 Tina Scoccolo Title: President Contractor's License No. L day of Rill rARI 20 iD TERRADI 133LT Address for giving notices: PO Box 2479 Auburn. WA 98071 Rev. 2008 J