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Contract Number 4393
~Vendor Name STEMEN ENVIRONMENTAL INC
~Subject UNDERGROUND STORAGE TANK DECOMMISION #3/SR304 TIP
Depar tment ENGINEERING
Status Code CON
Amount $44305.00
Begin Date 10/09/2003
Insurance End Date 12/31/2003
Type Amount Review Date 02/15/2006
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Insurance Total $0.00 ~
Insurance Review Date 01/01/2004
IC°mments vAULT 01/01/2006
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CONTRACT
CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON
AGREEMENT, made and entered into this ~ day of ~,e~.e~-) , 2003,
THIS
between the City of Bremerton under and by virtue of Title 35 RCW (eities~'as amended, and
Stemen Environmental Inc.
hereina~er 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 SR 304
Transportation Improvement Project - Underground Storage Tank/ Decommissioning #2, in
accordance with and as described in the attached Plans and Specifications, and the Standard
Specifications of the Washington State Department of Transportation which are by this reference
incorporated herein and made part hereof and shall perform any changes in the work in accord
with the Contract Documents.
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 eunstructing and completing
the work provided for in these Contract Documents except those items mentioned therein to be
furnished by the City of Bremerton.
II. The City of Bremerton 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 in accord with 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 at the
time and in the manner and upon the conditions provided for in this Contract.
III. The Contractor for himself/herself, and for bAr/her heirs, executors, administrators, anecessors,
assigns, does hereby agree to the full performance of all the covenants herein contained upon the
part of the Contractor.
IV. It is further provided that no liability shall attach to the City of Bremerton by reason of entering
into this Contract, except as provided herein.
V. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
Ci~ of Brernerton 234-1896-036 (51)
SR 304 Transportation Improvement Project 10 September 2~$
Underground Sto~ge Tank/DecornmL~$ioni~g No. $
losses or suits including all legal cost and attorney fees, arising out of or in connection with the
performance of this agreement, except for injuries and damages solely caused by the City's
negligence.
The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concun'ent negligence of the Contractor and the City, its
officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the
extent of the Contractor's negligence.
IT IS FURTHER. SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS
INDEMNIFICATION CONSITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER
INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS
INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration of termination of this agreement.
Ci¢~ of Bremerton
SR 304 Transl~ortation Improvement Project I 1 234-1896-056
Underground Storage Tank/L~commissioning No. $ September 2003
IN WITNESS WHEREOF, the Contractor has executed this instrument, on the day and year first below
written and the Local Agency Approving Authority has caused this instrument to be executed by and in
the name of said City of Bremerton the day and year first above written.
Executed by the Contractor (...)c...~- . ,2003.
Contractor
Executed by the Local Agency ~ _, 20
(SEAL) ~
City of Bremcrton Approving Authority
City of Bremerton Attorney
Ci~, of Bremerton
SR 304 Transportation Improvement Project 12 254-1896-036 (50
Underground Storage Tank/Decommissioning No, 3 September 2003