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HomeMy WebLinkAbout07-061 - Superior Asphalt Maintenance - Cascade View Park Phase II Walking Track CITY OF TUKWILA (-;rr 7 Short Form Contract Contractor/ Vendor Name: Superior Asphalt Maintenance Inc. Project No. Address: P.O. Box 69025 Seattle, Wa. 98168 Budget Item: 310.00.594.760.63.58 Telephone: (206) 246 -3237 Project Name: Cascade View Park Phase II Please initial all attachments, then sign and return copies one and two to: City of Tukwila, Parks and Recreation Department, 6200 Southeenter Boulevard, Tukwila, WA 98188. Retain copy three for your records until a frilly executed copy is returned to you. AGREEMENT This Agreement, made and entered into this 7day of March 2007 by and between the City of Tukwila, hereinafter called the City, and Superior Asphalt Maintenance Inc. hereinafter called the Contractor. The City and the Contractor hereby agree as follows: 1. SCOPE OF WORK Grade and prep area 135'X123' Install 9'wide 4501in.ft. asphalt walking path Install 6'wide 1231in.ft. 6 "tall berm (See attached proposal) 2. TIME OF COMPLETION The work shall be commenced April 1, 2007 and be completed no later than June 30, 2007. 3. CONTRACT SUM The City shall pay the Contractor for the performance of the work the sum of $16,200.00 plus applicable Washington State sales tax. 4. PAYMENTS The City shall make payments on account of the contract at completion of project. 5. ACCEPTANCE AND FINAL PAYMENT Final payment shall be due 10 days after completion of the work, provided the contract is fully performed and accepted. Cascade View Community Park Phase II 6. GENERAL CONDITIONTS The City and the Contractor agree upon the following general conditions which shall govern: A. Contract Documents The contract includes this Agreement, Scope of Work and Payment Exhibit. The intent of these documents is to include all labor, materials, appliances and services of every kind necessary for the proper execution of work, and the terms and conditions of payment therefore. The documents are to be considered as one, and whatever is called for by any one of the documents shall be as binding as if called for by all. The Contractor agrees to verify all measurements set forth in the above documents and to report all differences in measurements before commencing to perform any work hereunder. B. Materials, Appliances and Employees Except as otherwise noted, the Contractor shall provide z.nd pay for all materials, labor, tools, water, power and other items necessary to complete the work. Unless otherwise specified, all material shall be new, and both workmanship and materials shall be of good quality. Contractor warrants that all workmen and subcontractors shall be skilled in their trades. C. Surveys, Permits and Regulations The City shall furnish all surveys unless otherwise specified. Permits and licenses necessary for the prosecution of the work shall be secured and paid for by the Contractor. Easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City unless otherwise specified. The Contractor shall comply with all laws and regulations bearing on the conduct of the work and shall notify the City in writing if the drawings and specifications are at variance therewith. D. Protection of Work, Property and Persons The Contractor shall adequately protect the work, adjacent property and the public and shall be responsible for any damage or injury due to his act or neglect. E. Access to Work The Contractor shall permit and facilitate observation of the work by the City and its agents and public authorities at all times. F. Changes in the Work The City may order changes in the work, the contract sum being adjusted accordingly. All such orders and adjustments shall be in writing. Claims by the Contractor for extra cost must be made in writing before executing the work involved. G. Correction of Work The Contractor shall re- execute any work that fails to conform to the requirements of the contract and that appears during the progress of the work, and shall remedy any defects due to faulty materials or workmanship which appear within a period of one year from date of completion of the contract and final acceptance of the work by the City unless the manufacturer of the equipment or materials has a warranty for a longer period of time, which warranties shall -2- Cascade View Community Park Phase II 0; be assigned by Contractor to City. The provisions of this anicle apply to work done by subcontractors as well as to work done by direct employees of the Contractor. H. Owner's Right to Terminate Contract Should the Contractor neglect to prosecute the work properly, or fail to perform any provision of the contract, the City, after seven days' written notice to the contractor, and his surety, if any, may without prejudice to any other remedy the City may have, make good the deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contract or, at the City's option, may terminate the contract and take possession of all materials, tools, appliances and finish work by such means as the City sees fit, and if the unpaid balance of the contract price exceeds the expense of finishing the work, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the City. I. Payments Payments shall be made as provided in the Agreements. Payments otherwise due may be withheld on account of defective work not remedied, liens filed, damage by the Contractor to others not adjusted, or failure to make payments properly to the subcontractors. J. Contractor's Liability Insurance Contractor will carry public liability and property damage insurance with carriers satisfactory to the City, in the following amounts: $50,000........ property damage 500,000 public liability (each person) $1,000,000........ public liability (each occurrence) with endorsements naming the City as an additional insured and will provide the City with certificates of insurance prior to start of construction and with 30 days notice prior to cancellation. K. Performance Bond The Contractor shall furnish to the City prior to start of construction a performance bond in an amount of 100% of the contract in a form acceptable to the City. In lieu of bond for contracts less than $25,000, the City may, at the Contractor's option, hold 5% of the contract amount as retainage for a period of 30 days after final acceptance or until receipt of all necessary releases from the Department of Reverse and the Department of Labor and Industries and settlement of any liens, whichever is later. L. Liens The final payment shall not be due until the Contractor has delivered to the City a complete release of all liens arising out of this contract or receipts in full covering all labor and materials for which a lien could be filed, or a bond satisfactory to the City indemnifying the City against any lien. M. Separate Contracts The City has the right to let other contracts in connection with the work and the Contractor shall properly cooperate with any such other contracts. -3- Cascade View Community Park Phase II ti� N. Attorneys Fees and -.vsts In the event of legal action hereunder, the prevailing party shall be entitled to recover its reasonable attorney fees and costs. O. Cleaning Up The Contractor shall keep the premises and surrounding street access free from accumulation of waste material, rubbish and any other project waste and at the completion of the work he shall remove from the premises all rubbish, implements and surplus materials and leave the premise and surrounding street broom clean. If at the close of the project, the Project Manager determines that the area is not acceptable and in need of further clean -up, the use of a street sweeper may be requested at the expense of the contractor. P. 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 an 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. Q. Prevailing Wages The Contractor shall pay all laborers, workmen and mechanics the prevailing wage and shall file the required "Statement of Intent to Pay Prevailing Wages" in conformance with RCW 39.12.040. R. Discrimination Prohibited The Contractor shall comply with all Equal Employment Opportunity regulations and shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor on the basis of race, color, religion, creed, sex, age, national origin, marital status or the presence of any sensory, mental or physical handicap. -4- Cascade View Community Park Phase 1I IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written. CITY OF TUKWILA CONTRACTOR/VENDOR i Si s `�i c �i% By B Signature Signature Printed Name :]``�/L,� lei �L C� Printed Name: n f Title: 1� Y Title: Date: Date: E ATTEST /AUTHENTICATED: Jape E. Cantu, 6MC, City Clerk APPROVED AS TO FORM: Office of the City Attorney BY: -Z -5- Cascade View Community Park Phase II X'