HomeMy WebLinkAboutPriority One Fence Company - Fencing Improvement Project, City Project No. PK2891CONTRACT
THIS AGREEMENT, made and entered into intriplicate, this 2L5 day of ,2O2G,byand between the City ofYakima,
hereinafter called the owner, and Priorltv One Fence Compariv, a Washington Corporation, hereinafter called the Contractor.
VVITNES5ETM:
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:
|. The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT OF:$ 48,608.00,for Elks Pa,
Fencing Improvement Project, CitvProject No. Pm2Wuu,all |naccordance with, and a,described intheattachedspec0cationsandtheaoas
Standard Specifications for Road, Bridge, and Municipal Construction which are bythIs 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.
Work shall start within ten (10) days after the Notice to Proceed and shall becompleted intwenty (20) working days. The first chargeable
working day shall be the 11th working day after the date on which the City issues the Notice to Proceed.
If said work is not completed within the time specified, the Contractor agrees to pay to the Owner the sum specified mthe Standard
Specifications for each and every day said work remains uncompleted after expirationofthespecifipddme asliquidated damages.
The Contractors shall provide and bear the expense of all equipment; work and labor of any sort whatsoever thatmay bmrequired for the
transfer nfmaterials and for constructing and completing the work provided for mthis contract and every part thereof, except such aoare
mentioned in the specifications to be furnished by the City of Yakima.
x. The City ofYakima hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials
and to do and cause to be done 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 unit or itemized prices hereto attached, at the time and in the manner and upon the conditions provided
for |nthis contract.
m. |mos,wm|p|cxTom. The Contractor shall release, indemnify, defend, and hold harmless the cuy, its elected and appointed officials,
officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and expenses related m
all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this
Agreement or the acts, failures to act, errors or omissions of the Contractor, or any Contractor's agent or subcontractor, in performance of
this Agreement, except for claims caused bythe Citv'ssole negligence.
a. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that be granted
to it under the Washington State industrial insurance act, Title sz ncvv solely for the purposes of this indemnification. Contractor's
indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any
third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. Contractor shall require that its
subcontractors, and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in
connection with its performance of this Agreement, comply with the m,,m, of this paragraph, waive any immunity granted under Title sz
ncvvand assume all potential liability for actions brought bytheir respective employees. The Parties acknowledge that they have mutually
negotiated this waiver.
b. Should acourt ofcompetent jurisdiction determine that this Agreement msubject tonow4.l4.z15, then, inthe event of liability for
damages arising out of bodily injury to persons o, damages to property caused by o, resulting from the concurrent negligence of the
Contractor and the City, the Contractor's liability, including the duty and cost todefend, shall beonly tothe extent ofthe Contractor's
negligence.
c. Nothing contained in this Section or this Contract shall be construed to create a liability or a rightofindemnification many third party.
d. The terms of this Section shall survive any expiration o,termination of this Contract.
IV. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns,does hereby agree tothe full performance
Page 2 of 2
V, It is further provided that no liability shall attach to the City of Yakima by reason of entering into this contract, except as expressly provided
herein.
IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein above written.
Countersigned: CITY OF YAKIMA
this day of If'1ICA,V- 2026.
City Pvi nagerSignature
CONTRACTOR
Priority One Fence Company
ntracto
Tyler McFeron
Sole Proprietor
a Corporation
n Company
(Printed Name)
City Clerk 'Ni+.;,...- *;:;" (President, Owner, etc.)
CITY CONTRACT NO:
RESOLUTION NO`
uIA
1341 Highland Rd
Walla Walla WA 99362
Page 2 of 2