contract in order 12-30-03 001
OWENS DAVIES, P.S.
At (m rn-Ys at Law
Frank 1. ONans street address:
Anhar L. D, vics 920 - z4'" W,y SW
John V Lyman O[ympia, WodllnLLOn 98]02
Richard C. Phillips, 1,
Br Ian L. B,,dshcrg Mailing Address:
Michael W Mayberry P O Box 187
KirkM Vcls Olympia, WashmL,= 95507
Rohcu F HoWh
Matthew B. Ed,,, ds
BrcntF Dille Plmae (3(,())1)41-(,430
H)
Theda Braddock Fawlcr* Faesimilc (3(,())1)41-(,]
Mark O. Erickson, Of Couvsel
-Al- Ad 11,d W
Barton R. Rhnsoo O971J1 December 30, 2003 s+~rylana inn n1..... ram
Ms. Shelly Badger
City Administrator
Cltp of 1 elm
P. U. Box 479
Yelm, WA 93597
RE: Contract for City Hall Improvement Project
Dear Shelly:
I have had the opportunity to review the above-referenced contract and find it to he in order. I
have signed where indicated.
Should you have any further questions or concerns, please do not hesitate to contact me. I
remain
Very truly yours,
Q NS D~Vl S, P. S/
Brent F Dille
BFDiso
Enclosure
, *1n1 U'9LLhII TN L W l01 UuC
CONTRACT
CITY OF YELM
CITY HALL IMPROVEMENT PROJECT
THIS AGREEMENT made this 5~ day of I Jl'l.C' 11 b('Ar , 20
By and between the CITY OF YELM (hereinafter "City") and A.M. James Co. Inc. (hereinafter
"Contractor").
RECITALS
1 The City has issued a call for bids for certain improvements to publicly
owned property of the City.
2. Pursuant to that call for bids, the Contractor submitted a bid which was
received by the City.
3. The City, acting by and through the Council, has determined it appropriate
to award the bid to the Contractor.
4. The patties now wish to memorialize their agreement.
NOW, THEREFORE, for goods and valuable consideration, it is agreed as follows:
SECTION I: The Contractor will commence and complete the project more fully
described on that certain attachment constituting the specifications for the project (entitled
'Project Manual for City of Yelm City Hall Improvements, November 12, 2003"), that
attachment being attached hereto as Attachment Number I and incorporated by this reference.
SECTION II. The Contractor will furnish all of the materials, supplies, tools, equipment,
labor, and other services necessary for the construction and completion of the project described
within the attachment.
SECTION III. The Contractor will commence the work required by the Contract within
14 calendar days after the date of the Notice to Proceed. The Contractor will substantially
complete all the work under the Base Bid and Alternate #1 within 141 calendar days AND
achieve Final Completion within 171 calendar days after the date of Notice to Proceed, unless
the period for completion is extended by the City
SECTION IV- The Contractor agrees to perform all of the work described in the
attachment and comply with the terms therein for the sum of $187,078.89 (Base Bid, $164,382 +
Alternate #1, $8,200 + 8.4% Sales Tax, $14,496.89). The Contractor agrees that at all times
during the performance of the Contract:
I
A. It shall maintain Public, Automobile and Environmental Impairment liability
insurance in accordance with Section 2.02 (B) of the Supplemental Conditions in
the amount of no less than $1,000,000 An "Installation Floater" is required as a
substitute for Builder's Risk Insurance.
B. That it shall maintain good and proper status as a licensed contractor within the
State of Washington.
C. In the event it does not post a performance bond, the alternative provisions of
RC W 39.08.010 shall be fulfilled.
D. That the work being performed shall be warranted for a period of one year from
the date of acceptance by the City as against defects in workmanship, materials,
labor or otherwise. In the event of any defect being discovered within that one
year period, the Contractor shall be given prompt notification and shall undertake
within seven calendar days of notification the necessary repairs. In the event the
Contractor fails to do so, the City shall have the authority to undertake the repairs,
and the Contractor shall promptly pay a sum equal to the actual costs of repairs,
plus 10 percent for City management. Such payment shall be made within 30
days of the date of notification of the amount.
E. The Contractor specifically agrees that it shall be responsible for any losses
arising as a result of damage suffered during the course of the project to the City
property upon which the Contract applies. To the extent any such loss arises out
of damage which would not have occurred except for the contractual
performance, the Contractor shall maintain such insurance as may be necessary to
provide for payment to the City of any losses arising out of casualty loss
occurring during the course of the performance of the Contract, including but not
limited to fire damage or weather damage.
SECTION V: The Contractor agrees that it shall comply with any and all applicable
codes.
SECTION VI: The City will pay to the Contractor the monies required hereunder. In the
event that a progress payment is allowed pursuant to the provisions of RCW 39.08.010, such
payment shall be made after appropriate certification by the City Administrator to the City
Council and the acceptance of that recommendation by the City Council. Retainage in the
amount of 59% pursuant to State law shall be withheld from any such progress payment. As to the
final payment, it represents the last of the monies remaining after prior progress payments or the
total amount in the event that the sum is utilized in lieu of a performance bond. That money shall
be paid only upon acceptance of the project by the Council and after receipt of any and all
necessary releases from any governmental agency, including but not limited to the Department of
Revenue and the Department of Labor and Industries and passage of the time during which any
lien may be filed against a public works project or the proceeds thereof.
SECTION VII: In the event that the project is not completed within the time period
specified or any extension thereof granted by the City, then the Contractor shall be responsible to
the City for the greater of the sum of $500 per day liquidated damages or the amount of damages
actually suffered by the City as a result of the delay Such amount shall be subject to collection
either directly or as a withheld sum from any monies then owing to the Contractor.
SECTION VIII: No modification from the Contract shall be deemed binding upon either
the City or the Contractor unless such modification is reflected by written change order approved
in the manner as required by law
SECTION IN. General Provisions:
A. In the event that the Contractor fails to promptly undertake the commencement of
the performance of the project or in the course of performance fails to reasonably
prosecute the project towards completion, the City may give the Contractor
written notice of intention to terminate contract. The notice shall allow the
Contractor five working days in which to correct any such failure to perform or
any breach of the contractual requirement. In the event of a failure to so correct,
the City may terminate the contract and retain an alternate contractor to complete
the project. The Contractor shall be liable for any increased costs incurred by the
City as a result of such necessity.
B. In the event of any litigation arising out of the performance of this Contract, it is
agreed that the Courts of the County of Thurston, State of Washington, shall be
Courts of proper venue. Further, in addition to any other relief which may be
granted to the prevailing party, the Court may award the prevailing party
reasonable attorney's fees and costs.
C. The undersigned represent that they are authorized to execute this Contract upon
behalf of the respective parties. FURTHER, THAT AS TO THE
CONTRACTOR, THE INDIVIDUALS SIGNING THIS CONTRACT
EXECUTES THE CONTRACT NOT ONLY IN THEIR BUSINESS
CAPACITY, BUT ALSO IN THEIR PERSONAL CAPACITY
D. The Contractor shall not assign any right or responsibility it may have assumed
pursuant to this Contract without the written consent of the City.
E. This Contract shall be binding upon the City and the Contractor and their
respective heirs, executors, administrators, successors, and assigns.
SECTION X: The Contractor specifically bears the risk of any loss arising out of
damage to the project.
SECTION XI. The Contractor agrees to hold the City harmless from any and all liability
arising out of the Contractor's performance of this Contract and further to indemnify the City for
any losses suffered by the City as a result of the Contractor's performance of this Contract.
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EXECUTED IN MULTIPLES COPIES UPON THE DATE STATED BELOW
CONTRACTOR: ~ Date:/i
. Ja e .Inf.
CITY OF YELM: Date:
Ad m Rivas, Mayor, City of Yelm
ATTEST: -Date: 14 3/ OJ
Ag Bernick, Clerk Trea/s/urer
APPROVED AS TO F,
/`mot/-~1 Date: IL L7/o~
Brent Dille, City Attorney
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STATE OF WASHINGTON )
ss.
THURSTON COUNTY )
I certify that I know or have satisfactory evidence that Adam Rivas is the person
who appeared before me, and acknowledged that he signed this instrument, on oath, stated that
he was authorized to execute the instrument and acknowledged it as the Mayor of THE CITY OF
YELM to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
F
DATED this day of D-LL i'r_ rr , 20_U L__.
r
a.PSPIVFy''y,~ p(
;o apt PRY 9N`:. O RY PUB IC IN D FOR THE STATE OF WASHINPT.QN
.Z' 'I
a Pus r' 1#esiding at I11 N FL'',
T•. i
a,, FOF WpSN = My appointment expires:
IC
'ING~0'
STATE OF WASHINGTON
)ss.
THURSTON COUNTY )
I certify that I know or have satisfactory evidence that 7 nt71PS A , W C_I (-7 ft7-
is the person who appeared before me, and said person acknowledged that he signed this
instrument and acknowledged it to be his free and voluntary act for the uses and purposes
mentioned in the instrument.
S
DATED this ~ ~ day of ~ ~1 tL t'1') ~ jrd , 20C_
""';'MARY G P .11 Ck~LCQ 11
use e+,;•.. PUBLIC IN AN FOR THE STATE OF WASHINGTON
NOTARY 9m'. < EY
&esiding at: rl l"1f~~
N••'. r'UBL10 ' Eke.. ,
y'rFO,trt.o?N`~C>_ My appointment expires: LI-I'V 1 Z
4 ,OF WPS }BL1
01 •i C>?
~)F•WPS?v
5
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, l~ /,kos 4 Nr,dt , certify that I am the
Aygduh' of the corporation names as Contractor in the
Agreement attached hereto; that ~r A^ r, /'r , who signed said
Agreement on behalf of the Contractor, was then /r W+ of said
Corporation; that said Agreement was duly signed for an in behalf of sat orporation by
authority of its governing body, and is within the scope of its o e ers.
By: l
Tit] /f~hSd/> _
Stateof y44S41A1 nYj
Countyof -Ple LC= 1
JAMeS ff W.+(G t4 being duly sworn deposes and says the he is
of & M.339NES G~.
(Name of Organization)
Subscribed and sworn to before me this td04 day of
(Notary Public)
My commission expires: n
Bond No.. -?02 lDL+IL13
6
CERTIFICATE AS TO CORPORATE SEAL
I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the
within bond; that f p~,c .Q h of said Corporation; that I know his signature
thereto is genuine, and that said B nd was duly signed, sealed, and attested for in behalf of said
Corporation by authority of its governing body.
S tary or Assistant Secretary
A copy of this bond shall be filed with the County Auditor, except in the case where the contract
is with a City or town.
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