HomeMy WebLinkAbout000920 Original Contract City of Port Angeles
Record # 000920
PROJECT MANUAL
for
EMERGENCY HVAC REPLACEMENT IN PENCOM PHONE ROOM
PROJECT NO. PC1501
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CITY OF PORT ANGELES
WASHINGTON
SUMMER, 2015
CRAIG FULTON, P.E., DIRECTOR OF PUBLIC WORKS & UTILITIES
MIKE PUNTENNEY, P.E., DEPUTY DIRECTOR OF PUBLIC WORKS & UTILITIES
For information regarding this project, contact:
Jeffrey S. Bender, P.E., City of Port Angeles
(360) 417-4809
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PC1501 — Emergency HVAC Replacement in ""�r
SUBJECT: j PENCOM Phone Room `
ORGINATOR: Jeff Bender DATE; 6/04/2015
TO: ACTION REQUESTED: INITIAL: DATE:
1. Lucy Hanley Distribute
2. Mike Puntenney Confirm Contract for Signature
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3. Bill Bloor Sign Contract
Dan McKeen Sign Contract
Jennifer Veneklasen Sign Contract
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CITY COUNCIL May 19, 2015; Memo attached
BUDGET ACCOUNT 107-5160-594-6510; PC1501
REVIEW COMPLETE June 5, 2015
Return to Lucy Hanley for Processing
SECTION 00510
AGREEMENT AND PUBLIC WORKS CONTRACT
THIS AGREEMENT and PUBLIC WORKS CONTRACT ("Contract") is dated effective this
day of , 2015 and is made by and between the
City of Port Angeles, a Washington municipal corporation("City" or "Owner"), and Schmitt's Sheet
Metal, Inc., a Washington Corporation, ("Contractor").
WITNESSETH:
That WHEREAS the Owner heretofore caused to be prepared certain conditions for the construction of
EMERGENCY HVAC REPLACEMENT IN PENCOM PHONE ROOM
Project No. PC 1501
and the Contractor did on day of j 12015,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.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.
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 Clallam
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
5/5/2015 Emergency HVAC Replacement in PENCOM Phone Room
Agreement and Public Works Contract 00510-1 Project No.PC 1501
AGREEMENT and PUBLIC WORKS CONTRACT (Project No. PC1501) - continued
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.
DATED the day and year set forth above.
SCHMITT'S SHEET METAL, INC. CITY OF PORT ANGELES
By:
7
By:
Printed Name: Printed Name:
Title: /1 Title:
Address:
City:
APPROVED AS TO FORM:
Phone Number: BY:
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CITY ATTORNEY
ATTEST:
BY
(1)�')(� ," U0
ITY CLERK
**END OF SECTION**
Emergency HVAC Replacement in PENCOM Phone Room 5/5/2015
Project No.PC 1501 00510-2 Agreement and Public Works Contract