11-131.00 Eller Corporation: 2011 Stormwater Small Works- w ,
AGREEMENT FOR CONSTRUCTION OR SERVICES
Eller Corporation
THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the
State of Washington, hereinafter "City" and Eller Corporation hereinafter "Contractor," jointly referred to
as "parties."
IN CONSIDERATION of the terms and conditions contained herein the parties agree as follows:
1. Work to Be Performed The Contractor shall do all work and furnish all labor, tools,
materials, supplies and equipment for the Stormwater Utility 2011 Small Works Projects (hereinafter
"work ") in accordance with, and as described in Exhibit 1 (Scope of Work), and 2010 Standard
Specifications for Road, Bridge and Municipal Construction of the Washington State Department of
Transportation, which are by this reference incorporated herein and made part hereof ( "Contract
Documents "), and shall perform any changes in the work in accord with the Contract Documents.
The CONTRACTOR shall, for the amount set forth in the Contractor's bid proposal attached hereto,
assume and be responsible for the cost and expense of all work required for constructing and completing
the work and related activities provided for in the Contract Plans and Contract Documents, except those
items mentioned therein to be furnished by the City of Spokane Valley.
The City Manager, or designee, shall administer and be the primary contact for Contractor. Prior
to commencement of work, Contractor shall exercise best efforts to contact the City Manager or designee
to review the scope of work, schedule, and time of completion. Upon notice from the City, Contractor
shall promptly commence work, complete the same in a timely manner, and cure any failure in
performance under this agreement.
Unless otherwise directed by the City, all work shall be performed in conformance with the
Contract Plans, Contract Documents, City and State standards. Contractor acknowledges review of the
Contract Plans and Contract Documents and accepts the same. Contractor shall exercise best efforts,
including the selection of the highest quality materials, so that all work performed shall be in compliance
with current related industry standards.
2. Term of Contract This agreement shall be in full force and effect upon execution and
shall remain in effect until 1 year after final acceptance
The City may terminate this agreement by ten days' written notice to the other party. In the event
of such termination, the City shall pay the Contractor for all work previously authorized and satisfactorily
performed prior to the termination date.
3. Compensation The City agrees to pay the Contractor at the unit prices set forth in the
attached bid up to a maximum fee of $169,249.50 as full compensation for everything furnished and done
under this agreement, as directed by the City.
4. Payment The Contractor may elect to be paid in monthly installments, upon
presentation of an invoice to the City, or in a lump sum, upon completion of the work. Applications for
payment shall be sent to the City Clerk at the below- stated address.
The City reserves the right to withhold payment under this agreement which is determined, in the
reasonable judgment of the City Manager, to be noncompliant with the Contract Plans, Contract
Documents, or City or State standards.
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Agreement for Construction Services Page 1 of 5