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HomeMy WebLinkAboutAmerican Gates & Fencing - Fencing Install at Wastewater Treatment Plantl,� I I ( v C CONTRACT Project No. 11135 -S Fencing Install at Wastewater Treatment Plant THIS AGREEMENT, made and entered into in triplicate, this day of November, 2011, by and between the City of Yakima, hereinafter called the Owner, and American Gates & Fencing, 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, labor and equipment for the amount of $27,856.04, all in accordance with the specifications provided, which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided: sunder this contract and every part thereof. The Contractor shall provide and bear the expense of all equipment; o,rk and` -labor of any sort whatsoever that may be required for the transfer of materials and completing the`work provided for in this contract and every part thereof, except such as are mentioned in the specifications to be, furnished- by'the' City of Yakima. II. The City of,Yakima 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 in this contract. III. INDEMNIFICATION. The Contractor shall defend, indemnify, and hold harmless the City, its officers, elected officials, employees, volunteers and agents from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from The Contractor's performance or non - performance of the services, duties and obligations required of it under this Agreement. IV. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 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. VI. This Agreement, Scope of Work, conditions, and modifications and the Contractor's proposal (to the extent consistent with City of Yakima's documents) constitute the Contract Documents and are complementary. Specific federal and State laws and the terms of this Agreement, in that order respectively, supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, Washington, 98901, and are hereby incorporated by reference into this Agreement. CONTRACT: Fencing Install 11135 -S Page 1 of 2 IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein above written. Countersigned: CITY O,1F�Y /AKIMA this day of tr y" 2011. Attest: N C OR ctor a �� ��/ Corporation U .a' ► (Print NameV Its: (President, Owner, etc.) Address: CONTRACT: Fencing Install 11135 -S Page 2 of 2