HomeMy WebLinkAbout000622 Original Contract AGREEMENT AND
SERVICES CONTRACT
THIS AGREEMENT "Contract" is dated effective this day of 2013
and is made by and between the
City of Port Angeles, a Washington municipal corporation("City" or "Owner"), and
-4
�����
Q �,U, ,V yv�5 V+ @ ("Contractor").
WITNESSETH:
That WHEREAS the Owner heretofore caused to be prepared certain conditions for the construction
of
Upgrade and Expansion of Wastewater Utility SCADA System, Project WW02-2010
and the Contractor did on day of ,2013, 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.
Project WW02-2010 Contract
Upgrade and Expansion of Wastewater Utility SCADA System 00510-1
AGREEMENT (Project No. 06-01) - 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 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
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: �tl By:
Printed Name: Printed Name:
Title: _ _ Title:
Address:
City:
by tt+ �toll j � �' APPROVED AS TO FORM:
Phone Number: BY:
CITY ATTORNEY
ATTEST:
BY:
CIT )LERK
**END OF AGREEMENT**
Project WW02-2010 Contract
Upgrade and Expansion of Wastewater Utility SCADA System 00510-2
k