HomeMy WebLinkAbout5.369 Original ContractAGREEMENT
This Agreement made and entered into this of %Y n �K 1995, by and
between the CITY OF PORT ANGELES, a municipal corporation the State of Washington
(hereinafter referred to as "CITY and R. D. DALE WARREN, dba WARREN LOGGING,
(hereinafter referred to as "CONTRACTOR
1. Description of Work and Services: Timber shall be cut and removed from City -owned
property as shown in Attached Exhibit "A CONTRACTOR shall provide services and
work as follows:
a. Cutting of all merchantable timber.
b. Hauling all logs from the site to a mill of the CITY's choice in the Port Angeles
area.
2. Compensation: The CITY shall pay CONTRACTOR the sum of Five Thousand ($5,000.00)
Dollars for the work and services performed in this Agreement. Payment shall be made "lump
sum" within thirty (30) days of the completion of all work specified in this Agreement.
3. Use and Ownership: All logs are the property of the CITY and all payments for said logs
delivered to the mill shall be made directly to the CITY.
4. Indemnification and Insurance: The CONTRACTOR agrees to and does hereby indemnify
and save the CITY harmless from and against any and all losses, damage, claims, actions,
liability, attorney's fees, and expense in contract or in tort, in connection with loss of life,
bodily injury and/or property damage occurring on or about or arising out of those portions
of the work under CONTRACTOR's control or wherever arising if occasioned wholly by
negligent act or errors of CONTRACTOR, or by it or its agents, servants, employed, or
materialmen, should the same arise during the progress of the work.
The CONTRACTOR shall have no obligation to defend or save and hold the CITY harmless
for damages arising from the negligence of the CITY, its agents, contractors or employees.
CONTRACTOR shall provide proof of insurance satisfactory to the CITY's liability carrier.
It is further specifically and expressly understood that the indemnification provided herein
constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW,
solely for the purposes of this indemnification. This waiver has been mutually negotiated by
the parties. The provisions of this section shall survive the expiration or termination of this
agreement.
5. Compliance with Governmental Regulations: The parties shall keep, observe and perform
all requirements of applicable federal, state and local laws, rules, regulations or ordinances.
All permits and licenses required by any governmental agency shall be paid by the CITY.
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6. Liens and Claims: The CONTRACTOR shall promptly and properly pay for all labor
employed, materials purchased and equipment hired by it in connection with the work, shall
keep the CITY's property free from any materialman's or mechanics' liens and claims or
notices in respect thereto arising by reason of the CONTRACTOR's work and shall discharge
the same.
7. Time of Completion: Work under this agreement shall commence within thirty (30) days
of the signing of the contract and shall be completed within 30 working days thereafter.
8. Independent Contractor: In all matters relating to this Agreement, the CONTRACTOR
shall be acting as an independent contractor. Neither the CONTRACTOR nor employees of
the CONTRACTOR, if any, are employees of the CITY under the meaning or application of
any Federal or State Unemployment or Insurance laws. The CONTRACTOR agrees to
assume all liabilities or obligations imposed by any one or more of such laws with respect to
employees of the CONTRACTOR, if any, in the performance of this Agreement.
9. Termination: Either party may terminate this Agreement at will upon thirty (30) days
written notice to the other party.
10. Law: This Agreement shall be governed by, and construed in accordance with, the laws of
the State of Washington.
11. Entire Contract: The parties agree that this Agreement is the complete expression of the
terms hereto and any oral representation or understanding not incorporated herein is
excluded. Further, any modification of this Agreement shall be in writing and signed by both
parties.
The parties hereto have caused this Agreement to be executed the day and year first hereinabove
written.
CITY OF PORT ANGELES WARREN LOGGING
By `b- ek-k..- gtan.euPJ By I-/7
a K. Sargent, Mayot( R. D. Dale Warren
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EXHIBIT "A"
Lot 13 through 18 and
unopened 18th. Street
right of way abutting
Block 451, Townsite of PA