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Home My WebLink About000843 Original Contract City of Port Angeles Record # 000843 SECTION 00510 AGREEMENT AND PUBLIC WORKS CONTRACT THIS AGREEMENT and PUBLIC WORKS CONTRACT ("Contract") is dated effective this day of ® - r , 2015 and is made by and between the City of Port Angeles, a Washingt municipal corporation("City" or "Owner"), and TEK Construction Inc. ("Contractor"). WITNESSETH: That WHEREAS the Owner heretofore caused to be prepared certain conditions for the construction of City of Port Angeles Phase 2 CSO Project Project No. WW1008 and the Contractor did on the 19th day of December ,2014,file with the Owner a proposal to construct said improvements and agreed to accept as payment therefore the sum fully stated and set forth in the Proposal, and; WHEREAS, the said Contract Documents fully and accurately described in terms and conditions upon which the Contractor proposes to furnish said equipment,labor,materials, and appurtenances and perform said work, together with the manner and time of furnishing same; IT IS THEREFORE AGREED, first, that a copy of said Proposal and other Contract Documents filed with the Owner, as aforesaid, does, in all particulars, become a part of the Agreement and Contract by and between the parties hereto in all matters and things therein set forth and described; and further,that the Owner and the Contractor hereby accept and agree to the terms and conditions of said Contract Documents as filed as completely as if said terms,specifications,conditions,and plans were herein set out in full. This Contract, the Contract Documents and any supporting contract documents contain all of the agreements of the Parties with respect to any matter covered or mentioned in this Contract and no prior agreements or understandings shall be effective for any purpose. Terms used in this Contract which are defined in Article 1 of the General Conditions will have the meanings described therein. No provision of this Contract may be amended except by written agreement of the Parties. Any provision of this Contract which is declared invalid,void or illegal shall in no way affect,impair,or invalidate any other provision hereof and such other provisions shall remain in full force and effect. The Contractor shall not transfer or assign,in whole or in part,any or all of its obligations and rights hereunder without the prior written consent of the City. In the event the City consents to any such assignment or transfer, such consent shall in no way release the Contractor from any of its obligations or liabilities under this Contract. 10/28/2014 3:03 PM Port Angeles Phase 2 CSO Project p:\Port Angeles\144083\_Specifications 00510-1 City Project No. WW-10-08 AGREEMENT and PUBLIC WORKS CONTRACT(Project No. WW 1008) - continued Subject to the preceding sentence,this Contract shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. The venue for any dispute related to this Contract shall be Clallain County, Washington. Failure of the City to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. This Contract shall be governed by and interpreted in accordance with the laws of the State of Washington. Each individual executing this Contract on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute this Contract. Time is of the essence for this Contract and each and all of its provisions in which performance is a factor. Adherence to completion dates is essential to the Contractor's performance of this Contract. In the event of a conflict between the terms and provisions of any of the Contract Documents, the City Manager or his or her designee shall issue an interpretation of the controlling document, which interpretation shall be final and binding. IN FAITH WHEREOF,witness the hand and seals of both parties hereto on the day and year in this Agreement first above written. Port Angeles Phase 2 CSO Project 10/28/2014 3:03 PM City Project No.WW-10-08 00510-2 p:\Port Angeles\144083\_Specifications DATED the day and year set forth above. CONTRACTOR CITY OF PORT ANGELES By: By: Printed Name: Dean Irwin Printed Name: paR MC j�cP�l Title: President Title: �- Address: 1980 West Bakerview Rd City: Bellingham APPROVED AS TO FORM Phone Number: 360-312-5530 BY: i l CITY ATTORNEY ATTEST: BY TTY C **END OF SECTION** 10/28/2014 3:03 PM Port Angeles Phase 2 CSO Project p:\Port Angeles\144083\_Specifications 00510-3 City Project No.WW-10-08 is i A A A^ /A bank® BUSINESS SAFE DEPOSIT BOX RESOLUTION AUTHORITY OF A CORPORATION, PARTNERSHIP,ASSOCIATION, OR SIMILAR ORGANIZATION TO SECURE A SAFE DEPOSIT BOX AND TO DESIGNATE THE PERSON OR PERSONS TO HAVE ACCESS THERETO. Account Title: Business Type: *CITY OF PORT ANGELES Government Entity Incorporated JEFFREY S BENDER LUCY T HANLEY JENNIFER O VENEKLASEN Address: BYRON OLSON CFO PO BOX 1150 Date: 1/7/2015 PORT ANGELES, WA 98362-0217 i I, Daniel McKeen, HEREBY CERTIFY, I am the duly elected, qualified and acting Secretary 1 Authorized Officer f the above named *CITY OF PORT ANGELES,which is organized, validly existing, and in good standing under applicable laws. As of 1/7/2015 (date), this resoiution is duly authorized, in full force and effect, and has not been amended or rescinded. I authorize the members, partners or officers designated below to secure one or more a safe deposit box(s)by rental agreement from U.S. Bank. I authorize the following persons independently in the transaction of business(including rental, access, control and surrender)on said safe deposit box. NAME /TITLE SIGNATURE SPECIMEN JEFFREY S BENDER CIVIL ENGINEER <, LUCY T HANLEY CONTRACT SPECIALIST JENNIFER O VENEKLASEN CITY CLERK TYLER J IRWIN ASSISTANT PROJECT MANAGER -� CRAIG FULTON %'��=� DIRECTOR OF PUBLIC WORKS KATHRYN J NEAL / ENGINEERING MANAGER JAMES D IRWIN TECH CONSTRUCT PRESIDENT Bank Use Only Box No. >> Box No. Box No. i All of=serving you- Page 1 of 2 335100008156 277 Form BSDBBR 092012 'III y U.S. Bank IIII Custom er Confi�iantial I 15 ID type Page 2 o 2 33511EVft 0081 006 W��O m DE1CB 1227012 of serving you- � 1111. t � �� E��