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HomeMy WebLinkAbout000830 Original Contract City of Port Angeles Record # 000830 �� CITY OF PORT ANGELES �' pOR7A� PUBLIC WORKS DEPARTMENT RK .S�Y PORT ANGELES LANDFILL CELL STABILIZATION PROJECT Contract No: SW02-2012 Volume 1 of 2 Bidding Requirements, Forms and Terms and Conditions Technical Specifications Craig Fulton, E. Director of Publid-WofkS and Utilities t' Mike Puntenney, P.E., City Engineer For more information regarding this project, contact: James Burke, P.E., City of Port Angeles 360-417-4709 March 2014 Herrera Environmental Consultants Citae <>T F <>rt R� -<>rd OOOEt30 SECTION 00 05 10 AGREEMENT AND PUBLIC WORKS CONTRACT HIS AGREEMENT and PUBLIC WORKS CONTRACT ("Contract") is dated effective this /Y"day of 2014 and is made by and between th City of Port Angeles a Washington municip corporation ("City" or "Owner"), and AS ixc.r Ot, ,rod�ov loti, ("Contractor"). W ITNESSETH: That WHEREAS the Owner heretofore caused to be prepared certain conditions for the construction of Port Angeles Landfill Cell Stabilization Project and the Contractor did on day of , 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 that the initial award shall be for: Alternate Bid A 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. 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 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 of 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 No.SW02-2012 Pagel of 2 §00 0510 Port Angeles Landfill Cell Stabilization Project Agreement and Public Works Contract 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. CONTRACTOR CITY OF PORT ANGELES By' By: Printed Nagne: Printed Name: Title. // - Title: C, e C ii�za�, a 4 i Address: 4�iS R L r, '�,Lv City: _ ,..- 0 APPROVED AS TO FORM: Phone Numbe •fi BY:, ( t ) Y42— 4� CITY ATTORNEY ATTEST: BY: ,r CITY CLERK END OF SECTION 00 0510 Contract No.SW02-2012 Page 2 of 2 §00 05 10 Port Angeles Landfill Cell Stabilization Project Agreement and Public Works Contract 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 JEREMY M POZERNICK JAMES M MAHLUM RICHARD L GOODE Address: BYRON OLSON CFO PO BOX 1150 Date: 7/11/2014 PORT ANGELES,WA 98362-0217 I, Daniel McKeen, HEREBY CERTIFY, I am the duly elected, qualified and acting Secretary uthorized Officer f the above named *CITY OF PORT ANGELES,which is organized,validly existing, and in good standing under app ica e aws. As of 7/11/2014 (date), this resolution 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 JEREMY M POZERNICK WORKS INSPECTOR JAMES M MAHLUM \ CIVIL ENGINEER -- RICHARD L GOODE ANCHOR QEA JEREMY J MCKNIGHT MAGNUS PACIFIC CHARLES A FLOWERS, MAGNUS PACIFIC HUNTER C MCCRACKEN -' MAGNUS PACIFIC Be it further resolved, that this resolution shall remain in full force and effect until revoked in writing by said firm and that this resolution supersedes and cancels all previous resolutions pertinent to said safe deposit box. Bank Use Only Box No.() yj(p Box No. Box No. All of EV serving you- Page I of 2 335100007168 277 Form BSDBBR 092012 U.S. Bank 'III N khl'il� �F,i�L7stl JM�ti.liA1C'I(I I Customer Confidential BUSINESS SAFE DEPOSIT BOX RESOLUTION (CONTINUED) -7 / t Date Date Date Date Al I of IM serving you- Page 2 of 2 335100007168 277 Form BSDBBR 092012 Customer Confidential