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HomeMy WebLinkAbout4417+Press Esc Key to Insert new record, Ctrl-Z to Clear form tPress Del Key to Terminate Insert Mode INSERT Contract Maintenance Contract Number 4417 + ~Vendor Name SOUND CONSTRUCTION & EQUIPMENT ~Subject DEMOLITION - BUILDING - 811 PARK AVE & 817 10TH ST Department ECON DEVEL Status Code CON Amount $117215.24 Begin Date 03/15/2004 Insurance End Date 04/30/2004 Type Amount Review Date 02/15/2006 Press F1 for GL $2000000.00 valid insuranceAL $1000000.00 type codes Insurance Total $3000000.00 Insurance Review Date 01/19/2005 Comments VAULT 01/01/2006 CONTRACT BUILDING DEMOLITION (Page 1 of 4) This agreement made and entered into in triplicate, this llth day of March, 2004, by and between the City of Bremerton, hereinafter called "the City", and Sound Construction & Equip., Inc., hereinafter called "the Contractor". 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 perform all work and furnish all labor, tools, materials and equipment for the BUILDING DEMOLITION in the amount of $117,215.24, including Washington State Sales Tax. All parties agree that the State of Washington shall be and is hereby, named as an expressed third-party beneficiary of this Contract, with full rights as such. All work to be in accordance with and as described in the attached Plans, General Provisions, Specifications, and the 2002 Standard Specifications for Road, Bridge and Municipal Construction (English), 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. Contractor shall begin the work within ten (10) calendar days after the date that written NOTICE TO PROCEED is issued to the Contractor. The Contractor shall complete the work no later than thirty (30) calendar days after the date that NOTICE TO PROCEED is issued. If said work is not completed within the time specified, the Contractor agrees to pay to the City an amount in accordance with Section 1438.9 of the 2002 Standard Specifications for each calendar day said work remains incomplete after expimtion of the specified times as liquidated damages. The Contractor shall provide and bear the expense of all equipment, tools, material and labor of any sort whatsoever that may be required for the transfer of materials and for construction 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. City of Bremerton - I - 16 Building Demolition CONTRACT (Page 2 of 4) II. The City 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 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 approved bid as attached hereto incorporated by reference, 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 fulfill the performance of all 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 expressly provided herein. V. INDEMNIFICATION Contractor shall defend, indemniO and hold the City, its officers, officials, employees, agents, volunteers and assigns harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this contract, except for injuries and damages caused by the sole negligence of the City. 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 contract 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 concurrent negligence of the Contractor and the City, its officers, 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 THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this contract. City of Bmmerton - I - 17 Bu#ding Demolition CONTRACT (Page 3 of 4) VI. INSURANCE The Contractor shall procure and maintain, during the term of construction and throughout the specified term of maintenance, insurance of the types and in the amounts described below against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, sulyconsultants and/or subcontractors. Before beginning work on the project described in this contract, the Contractor shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and employer's liability. 3. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate. The insurance must refer to the project name, project location and contain a brief description of the project. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. The City, its officers, officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's insurance shall contain a danse stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Contractor's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City a/so reserves its unqualified right to require, at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. City of B/emerton - 1 - 18 Building Demolition CONTRACT (Page 4 of 4) Proof of coverage shall be provided to the City in the form of a Certificate of Insurance and shall include additional insured endorsements as evidence of coverage. The City also reserves its unqualified right to require, at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. Approval of required insurance is a condition precedent to the execution of this contract. In wimess whereof the parties hereto have caused this agreement to be executed the day and year first herein above written.  CONTRACTOR ~4~-~- -C~'~ Sound Construction &~uip., Inc. P.O. Box 728 Port Orchard, WA 98366 Title: Date: ATTEST: City Clerk APPROVED: Cit~~ City of Bremedon - I - 19 Building Demolition