Sample Only

a. Washington State Dept. of Labor & Industries

b. Washington State Employment Security Dept.

c. Contracts over $20,000 > Washington State Dept. of Revenue

a. release received from State Dept. of Labor and Industries

b. release received from State Employment Security Dept.

c. release received from State Dept. of Revenue > contracts over $20,000

d. receipt of "approved" "Affidavit of Wages Paid" from contractor

e. mandatory 45-day waiting period for filing of claims or liens > none filed

CONTRACT

THIS AGREEMENT, made in three (3) copies, each of which shall be deemed original, and entered into as of the date hereinafter affixed, by and between the City of Redmond, Washington, hereinafter called the Owner, and _____________________________ hereinafter called the Contractor.

WITNESSETH:

That in consideration of the terms and conditions contained herein and attached and made a part of this Agreement, the parties hereto covenant and agree as follows:

I. The Contractor shall do all work and furnish all tools, materials and equipment for the construction of ________________, Project No. _______________ in accordance with and as described in the attached proposal and/or plans and specifications for the amount bid, which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this contract and every part thereof.

Unless modified by the proposal, work shall start within ten (10) calendar days after execution of this contract and the issuance of a notice to proceed; and shall be completed in (working/calendar) days.

If said work is not completed within the time specified, the Contractor agrees to pay the Owner the sum specified in Section 1.08.9 of the 1998 WSDOT/APWA Standard Specifications for each and every working day said work remains uncompleted and after expiration of the specified time, as liquidated damages.

The Contractor shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof and shall guarantee said materials and work for a period of one year after completion of this contract, except as may be modified by the plans, specifications and/or contract documents.

II. The City of Redmond, Washington, hereby promises and agrees with the Contractor to retain the Contractor to provide the materials and to perform the above-described work and to complete and finish the same according to the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of prices bid and hereto attached, at the time and in the manner and upon the conditions provided for in this contract.

III. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants contained herein.

IV. It is further provided that no liability shall attach to the City of Redmond, Washington, by reason of entering into this contract, except as expressly provided herein.

COUNTERSIGNED:

this _________________ day of ___________________________, 19 ____

IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first hereinabove written.

CITY OF REDMOND, Washington

_______________________
MAYOR

CONTRACTOR

_______________________
Signature

_______________________
Printed

_______________________
Title

Federal Tax ID No.______________

Attested:

_______________________
CITY CLERK

Approved as to form:

_______________________
CITY ATTORNEY

CERTIFICATE AS TO CORPORATE PRINCIPAL

I, ____________________________________ (Corporate Officer (Not Contract Signer)) certify that I am the _________________________________________ (Corporate Title) of the corporation named as Contractor in the Agreement attached hereto; that _______________________________ , (Contract Signer) who signed said Agreement on behalf of the Contractor, was then __________________________ (Corporate Title) of said corporation; that said Agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.

Corporate Seal

______________________________________
Corp. officer signature (not contract signer)

______________________________________
Printed

______________________________________
Title

State of _______________________

County of _________________________

_________________________________________________________, (corporate officer (not contract signer)) being duly sworn, deposes and says that he/she is _____________________________ (Corporate Title) of ______________________________ (Name of Corporation)

Subscribed and sworn to before me this _________________ day of _____________, 19______

_________________________________
Notary Public (Signature)

_________________________________
Notary Public (Print)

My commission expires ___________, 19

DECLARATION OF OPTION FOR PERFORMANCE

BOND OR ADDITIONAL RETAINAGE

(CONTRACTS UNDER $25,000 ONLY)

Note: This form must be submitted at the time the Contractor executes the Contract. The Contractor shall designate the option desired by checking the appropriate space.

The Contractor elects to:

________(1) Furnish a performance bond in the amount of the total contract sum. An executed performance bond on the required form is included with the executed contract documents. Mandatory on contracts exceeding $25,000. (See sheet 4 of 7)

________(2) Have the City retain, in lieu of the performance bond, fifty percent (50%) of the total contract amount for a period of forty-five (45) days after final acceptance or until receipt of all necessary releases from the department of revenue and the department of labor and industries and settlement of any liens filed under Chapter 60.28 RCW, whichever is later.

In choosing option 2, the Contractor agrees that if the Contractor, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract, and shall faithfully perform all the provisions of such contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of the Contract that may hereafter be made, at the time and in the manner therein specified, and shall pay all laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or her part, and shall indemnify and save harmless the City of Redmond, Washington, its officers and agents from any claim for such payment, then the funds retained in lieu of a performance bond shall be released at the time provided in said option 2; otherwise, the funds shall be retained until the Contractor fulfills the said obligations.

__________________________________ ________________

Contractor Signature Date

Bond No.

Know all men by these presents: That whereas the City of Redmond, Washington has awarded to __________________________ (Contractor) hereinafter designated as the "Principal" a contract for the construction of the project designated ________________________________, Project No. __________ Redmond, Washington all as hereto attached and made a part hereof and whereas, said principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract:

NOW, THEREFORE, we, the principal, and __________________________________________________ (Surety), a corporation, organized and existing under and by virtue of the laws of the State of ___________________, duly authorized to do business in the State of Washington, as surety, are held and firmly bound unto the City of Redmond, Washington, in the sum of:

___________________________________________________________ Dollars ($_________________) Total Contract Amount

lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by those presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bonded principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract, and shall faithfully perform all the provisions of such contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said contract that may hereafter be made, at the time and in the manner therein specified and shall pay all laborers, mechanics, subcontractors, and material men, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or their part, and shall indemnify and save harmless the City of Redmond, Washington, their officers and agents from any claim for such payment; and shall further save harmless and indemnify said City of Redmond, Washington, from any defect or defects in any of the workmanship entering into any part of the work or designated equipment covered by said contract, which shall develop or be discovered within one (l) year after the final acceptance of such work, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect; provided that the liability hereunder for defects in materials and workmanship for a period of one (l) year after the acceptance of the works shall not exceed the sum of:

_______________________________________________________ Dollars

($_________________) Total Contract Amount

And the said surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the contract or the work or to the specifications.

The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five per cent (25%) of the original amount of this bond without the consent of the Surety.

IN WITNESS WHEREOF, the said principal and the said surety have caused this bond and two (2) counterparts thereof to be signed and sealed by their duly authorized officers this _______ day of ______________, l9___.

__________________________________
Principal

By ________________________
Signature

__________________________________
Printed

__________________________________
Title

ATTEST: (if corporation)

__________________________________
Surety

By __________________________________
Signature

__________________________________
Printed

Its ________________________

Name and Address of local office/agent of Surety Company is:

__________________________________
__________________________________
__________________________________

By _________________________

Title ________________________

Approved As To Form:

__________________________________
City Attorney

DECLARATION OF OPTION FOR MANAGEMENT

OF STATUTORY RETAINED PERCENTAGE

Note: This form must be submitted at the time the Contractor executes the contract. Contractor shall designate the option desired by checking the appropriate space.

Monies reserved under provisions of RCW 60.28, at the option of the Contractor, shall be:

(1) Retained in a fund by the Owner.

(2) Deposited by the Owner in an interest-bearing account in a bank, mutual savings bank or savings and loan association.

* (3) Placed in escrow with a bank or trust company by the Owner. When the monies reserved are to be placed in escrow, the Owner will issue a check representing the sum of the monies reserved payable to the bank or trust company and the Contractor jointly. Such check shall be converted into bonds and securities chosen by the Contractor and approved by the Owner and the bonds and securities held in escrow.

The Contractor in choosing option (2) or (3) agrees to assume full responsibility to pay all costs which may accrue from escrow services, brokerage charges or both, and further agrees to assume all risks in connection with the investment of the retained percentages in securities.

Contractor Signature Date

*For the convenience of those Contractors choosing option (3) a City approved Form of Escrow Agreement is available upon request. The Contractor is not required to use this Escrow Agreement form, however, alternative forms will need to be approved prior to execution by the City.

SPECIAL PROVISIONS

INTRODUCTION

The following special provisions shall be used in conjunction with the Standard Specifications for Road, Bridge and Municipal Construction, 1998 edition, together with the APWA Supplement (Section 1-99), as issued by the Washington State Department of Transportation and American Public Works Association, Washington State Chapter, hereinafter referred to as the "standard specifications".

The standard specifications, except as they may be modified or superseded by these provisions, shall govern all phases of work under this contract, and they are by reference made an integral part of these specifications and contract as if herein fully set forth.

Also incorporated into these specifications by reference are:

Amendments to Standard Specifications, as issued by WSDOT/APWA

Manual on Uniform Traffic Control Devices for Streets and Highways, current edition

Standard Plans for Road, Bridge and Municipal Construction, as prepared by the WSDOT/APWA, current edition

American Water Works Association Standards, current edition

City of Redmond Standard Specifications and Details, current edition

DESCRIPTION OF WORK

This project provides for construction of , Project No. and other work, all in accordance with the attached plans, these special provisions and the standard specifications.

l-03 AWARD AND EXECUTION OF CONTRACT

l-03.2 Award of Contract

Section l-03.2 of the Standard Specifications is supplemented with the following:

The award of contract, if awarded, will be made to the lowest bidder deemed responsible by the Owner, whose bid conforms to the requirements of these specifications, and whose past record of performance on work of similar complexity and magnitude indicates that said bidder is qualified to carry out the obligations of the contract and to complete the work contemplated therein.

1-03.3 Execution of Contract

Section 1-03.3 of the standard specifications is supplemented with the following:

A dated notice signed by an official of the City will be sent to the successful bidder and will be known as Notice of Award. The successful bidder has 10 days after the date on the notice to execute the contract and obtain the performance bond. In addition, within this time period the successful bidder shall obtain and provide evidence of insurance in accordance with Section 1-07.18(4) of the Standard Specifications.

Section 1-03.4 Contract Bond

Section 1-03.4 of the standard specifications is supplemented with the following:

If this contract is for twenty-five thousand dollars ($25,000.00) or less, the Contractor may, at the Contractor's option, authorize the City to retain fifty percent (50%) of the contract amount in lieu of furnishing a performance bond. If the Contractor elects this option, the retainage shall be held for a period of forty-five (45) days after final acceptance or until receipt of all necessary releases from the department of revenue and the department of labor and industries and settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The Contractor must advise the City in writing of the Contractor's election to authorize retainage in lieu of a performance bond at the time of execution of the Contract.

l-07.6 Permits and Licenses

Section l-07.6 of the Standard Specifications is supplemented by the following:

The Contractor shall assure himself that all necessary permits are obtained. He shall review any permits that were not obtained by him in order that he is familiar with the requirements of the permits. All specific permits, licenses, inspections, etc., which may be required, shall be obtained and paid for by the Contractor including but not limited to a City of Redmond business license.

1-07.9 Wages

1-07.9(1) General

Supplement with the following:

State prevailing wage rates for use in this contract are included in this Project Manual.

1-07.14 Responsibility for Damage

Section 1-07.14 is deleted in its entirety and replaced with the following:

The Contractor shall indemnify, defend and hold harmless the City, its officers, agents, employees, engineers, and consultants from and against any and all claims, losses or liability, including attorneys fees, arising from injury, sickness, death to persons or damage to property occasioned by any willful or intentional misconduct or negligent act, omission, error, or failure of the Contractor, its officers, agents and employees, in performing the work required by these Contract Documents or in consequence of any negligence regarding the work, or the use of improper materials in the work. With respect to the performance of this contract and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries, death or sickness to its employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This industrial insurance waiver is mutually negotiated by the parties. This paragraph shall not apply to any claims, suits or actions which result from the sole negligence of the City, its officers, agents or employees. If such claims, suits or actions were caused by or result from the concurrent negligence of the City, its officers, agents or employees, the indemnity obligation contained within this paragraph shall be valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees.

The Contractor shall bear sole responsibility for damage to completed portions of the project or to property located off the project caused by erosion, siltation, run-off, or other related items during the construction of the project. The Contractor shall also bear sole responsibility for any pollution of rivers, streams, ground water or other waters which may occur as a result of construction operations. The Contractor shall exercise all necessary precautions throughout the life of the project to prevent pollution, erosion, siltation, and property damage.

1-07.18 Public Liability and Property Damage Insurance

Section l-07.l8 of the Standard Specifications is supplemented by the following:

The policy of insurance shall name the City of Redmond, its officers, agents, representatives, engineers and consultants as additional insured.

All references to 20 days written notice to the Contracting Agency of cancellation, reduction, or modification of the insurance shall be changed to 30 days written notice.

In addition to the amounts required by RCW 60.28 to be withheld from the progress or retained percentage payments to the Contractor, the Owner may, in its sole discretion, withhold amounts sufficient to pay any property damage claim of which the Owner may have knowledge and regardless of the informalities of notice of such claim, arising out of the performance of this contract, provided that the total amounts withheld for such purposes shall not exceed three (3) percent of the contract price. The term "property damage claim" shall not include any claim for personal injuries or any claim by persons furnishing supplies or materials or performing labor for the Contractor. The amount withheld will not be paid to the claimant by the Owner but will be held until either the Contractor secures a written release from the claimant, obtains a court decision that such claim is without merit, or satisfies any judgment in favor of the claimant on such claim.

APPENDIX "A"

PREVAILING MINIMUM HOURLY WAGE RATES

See following pages for wage rates required for the project.

o:\campbell\forms\97 Small PW Const.doc Rev: 9/25/1998