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Home My WebLink About4768 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4768 COATINGS UNLIMITED INC Reservoir 21 - Interior Coating Replacement PW Admin LEG 12-1 10/21/2008 04/30/2009 02/15/2011 01/01/2011 Change Order #1-5/09 ACCEPTANCE OF COMPENSATION & RELEASE OF ALL CLAIMS Reservoir No. 21- Interior Coating Replacement Coatings Unlimited Inc. Project Number 45126 - Contract Number 4768 Coatings Unlimited Inc. hereby indicates agreement with, and acceptance of, the final Contract Payment of $35,856.46, the total Contract Price of $301,680.46 including Washington State sales and/or use taxes, and the final Contract Time of 173 days, as full and final compensation for all Work performed in connection with Contract Number 4768, and does hereby release the City of Bremerton from a11 claims, liab?1_ity, dem�.n�s, damages and actions of any kind whatsoever, arising from performance of that Contract. Coatings Unlimite c. By: '� Date: � - a`1 - �� Title: � �5' es �c�.ex�� Certificate af Nota `�� 1{�� p► . ��/ � ��,c,ra t before me this a� day of �u rt.� ,� ' e� ��o�+ �r,e �n,,� S y i 4�('= o��O`AR}��yg ; ;� a .. - �t�z� � . Cc�r� c3�JZ_ . : � s o ' .v �a �O �� . ; �'4,� p11e��'�#�� Notary Public � '�,��j►�'r�►,,�3' Resideing in Normandy Park, WA � �4� OF �' Commission expires 5-20-11 , • ,,,... _ � j - Washington State ' �' �°' `�i'i ��"��t�� a� Department of Revenue � � �'� �tr�� PO Box 47474 Olympia, WA 98504-7474 � � 601298793 Certificate of Payment of State Excise � Taxes by Public Works Contractor • COATINGS UNLIMITED INC CITY OF BREMERTON PUBLIC WORKS , 18420 68TH AVE S STE 110 NED LEVER KENT WA 98032 1093 3027 OLYMPUS DR BREMERTON WA 98310 4799 We hereby certify that taxes, increases and penalties due or to become due from the above-named , , contractor under Chapter 180, Laws of 1935, as amended, with respect to the following public works contract: CITY OF BREMERTON PUBLIC WORKS 4768, INTERIOR COAT REPLACE RESERVOIR 21 together with all other taxes, increases and penalties due from such contractor, have been paid in full or that they are, in the Department's opinion, readily collectible without recourse to the state's lien on the.retained percentage. . This certificate is issued pursuant to the provision of Chapter 60.28 Revised Code of Washington for the sole purpose of informing the state, county, or municipal officer charged with the duty of disbursing or authorizing the payment of public funds to said contractor that the Department of Revenue hereby releases the state's lien on the retained percentage provided by this Chapter for excise taxes due from said contractor. This certificate does not release said contractor from liability for additional tax that may be later � determined to be due with respect to the above-mentioned contract or other activities. Dated �l0{�7/��7 at Olympia, Washington, . State of Washington . Department of Revenue � _ , . � , �� . .. . Certifyin fficer For tax ass�stance, visit dor.wa.gov or call 1-800-647-7,706. To inquire about the availability of this document in an alternate format for the visually impaired ; please call (360) 705-6715 Teletype (TTY) users may call 1-800-451-7985 _ REV 31 0028 (10-01-02) . . . ` It�l�i'�� .^� . . k � SEp 0 4 2009 � � ENGINEERING DiViSiON 0 � ' e "" WAS HINGTC�I`� STATE __ �---_____— __._.__ :�:��°' _ _- _ _ - -_�: , -- ..: -. -_ _ �—__ __ _—_ - � - - - - - - — -- - - _=---- -- — CONTRACTOR: COATINGS UNLIMITED [NC ) CERTIFICATE OF 18420 68TH AVE S STE 110 ) PAYMENT OF CONTR[BUTIONS . KENT, WA 98032 �) PENALTIES AND INTEREST ON ) PUBLIC WORKS CONTRACT ES Reference No. 718558-00 I TO: CITY OF BREMERTON 3027 OLYMPUS DR , � BREMERTON, WA 98310 ��.—_._ ,___ _ ..The Emnl�yment Security Department hereby certifies those contributions, penalties and interest due from the above named contractor under the�E►nployment Security Acfhave been paid in fuli �r �� ` provided for with respect to the following public works contract: 4768 The Employment Security Department hereby certifies that it has no claim pursuant to RCW 50.24.130 against the public body named above for tax attributable to service performed for said public body by the above named contractor on the above described contract. The Employment Security Department releases its lien on the retained percentage, which is provided by RCW 60.28.040 for contributions, penalties and interest due from said contractor. This certificate does not release said contractor from liability for additional contributions, penalties and interest which may be later determined to be due with respect to the above mentioned contract. - Dated at Olympia, Washington on September 1 l, 2009. COMMISSIONER E ENT SECURITY DEPARTM T B (Authorized Represen tive) Original—Disbursing Officer J Duplicate—Employer Triplicate—Central Office Files EMS 8449 760 R3-98 Verify Workers' Comp Premium Status - Employer Liability Certificate Page 1 of 1 Washington State Department of ��'�� Employer Liability Labor and Industries �� :.:� ��' Certificate . ,., ; '� � � �. �� pz �. � �� . � ' Department of Labor and Industries Employer Liability Certificate Date: 10/O 1 /2009 UBI #: 601 298 793 � Business Name: COATINGS UNLIMITED INC Legal Business Name: COATINGS UNLIMITED INC Account #: 594,672-01 'Doing Business As' Name: COATINGS UNLIMITED INC Estimated Workers Reported: Quarter 2 of Year 2009 "31 to 50 Workers" (See Description Below) Workers' Comp Premium Status: Account is current. Firm has voluntarily reported and paid their premiums. Licensed Contractor? Yes License: COATIUI097KA Expire Date: 4/1/2010 Account Representative: T2 / RICHELLE BLOSL (360)902-4828 - Email: FOLL235@lni.wa.gov What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51.12.050 and 51.16.190). https://fortress.wa.gov/lni/crpsi/AcctInfoPrint.aspx?AccountId=59467201 &AccountMariager=T2+%2f+R... 10/1 /2009 . AFFIDAVIT OF PUBLICATION Account # 42742 AD# 249240 STATE OF WASHINGTON COUNTY OF KITSAP Notary Public in and for the State of Washington, Kitsap County. I, Laura Wessels, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kit sap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit: June 20, 2009 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of$39.86. The amount has notbeenpa;d;nfulL g Ju ~ . . ot-/L) R'- ,. ~.........!'~ l~:~~ . i ........" , \ ~. ~"" -. tOt........ ~ tJi.........O:",~;j ~,,~ irA .","" ~\~ ~',"...ttt"\'\,~ (Signature of Principal Clerk) Subscribed and sworn to before me this day of June 29, 2009. NOTICE OF COMPLETION Notice of Completion has been issued to Coatings Unlimited Inc., on Contract No. 4768, for the Reservoir No. 21 - Interior Coating Replacement project. Any parties having a claim for material, labor or damages related to this Contract have forty-five (45) days from the date of first publication of this notice to file a claim. Carol Etgen City Clerk 345 6th Street Bremerton, Washington 98337 June 20, 2009.............................AD #20088114 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4768, COATINGS UNLIMITED INC Reservoir 21 - Interior Coating Replacement PW Admin LEG 12-1 10/21/2008 04/30/2009 07/01/2009 Change Order #1-5/09 , \ CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: One PROJECT NAME: Reservoir No. 21 - Interior Coating Replacement PROJECT NO: 45126 CONTRACTOR: Coatings Unlimited Inc~ ORIGINAL CONTRACT AMOUNT: PREVIOUSLY APPROVED CHANGES: THIS CHAN.GE: REVISED CONTRACT AMOUNT: $243,180.00. DAYS: 0.00 DAYS: $34,e10.48 DAYS: $277, 790.48 DAYS: 80 o 93 173 This Change Orderc covers changes to the subject contract as described herein. The Contractor shall construct; furnish equipment and materials, and perform all work as necessary or required to complete .the ChaQge Order Items. The ipcrea.se or: decrea,se in contract price shown below includes an estimate of cmyapplicable taxes. DESCRIPTION OF CHANGES INCREASE IN CONTRACT . AMOUNT . ($) (DEc;REASE)lN. CONTRACT AMOUNT ($) CONTRACT TIME EXTENSION (DAYS:) R ;::: "1"""", 'If''''". . Ql .Ql. :; :; 0:: 0::' 'x Wol'k Change Directive. 1 - Provide weld repairs and epoxy $2,778.48 2 putty repairs to corroded areas of the reservoir floor plates. X Work Change Directive 2 - Pressure wash exterior.of reservoir. $6.732~00. 5 X Work Change Directive 3 - Sandblast foof to an SP-:6 to the $25,100.00 14 lower weld s'eam of the l<riuckle and apply zinc primer; one coat ofTnemec.66, and one coat of Tnemec 73tothi'frooL 72 Added weather days NET CHANGE.lN CONTRACT AMOUNT $34,610.48 93 INCREASE OR (DECREASE) . ESTIMATED SAL.EST AX (8.6%) $2.976.50 d. ESTIMATED TOT At.INCLUDlNG SALES TAX .. $37.586.98 ReserVoir 21- InterIor Coating Replacement. Change Ord~rNo. L Pagelof2 CONTRACT CHANGE ORDER NO: One PROJECT NAME: Contr(3ttor acknowledges and accepts that this Change Order constitutes final settlement of all claims of: any kind or l1atLirearising from ,or connected with any work either covered or affected by this Change Order, including, without lirnitation,ch3ilTls related to contract' time, qn~site; or home office overhead', or .lost Pfofits;N9thing in this Change Order shall limit the City's righUo bring a claim ,for past p~rfotmance.. The undersigned ContractOr approves the foregoing Change Order as to the chcmges, if any, io the contract price specified for each itel11; includillg any and, aU ~uperv.isioncosts an~ bther miscellaneolJs costs relating to tn!3 change i[) work, and as to the extension oftimeallowed, if any, for completion of the entire Work d(J~ tQsfjid Change Order. Tiiis docLiment, will become a supplement of the contract and all provisions will apJ:>ly hereto. ,It is understood that tnis Change Order shall be eff~ctive when approved by the City of Bremerton. The parties Whose names appear beloW warrant that they are authorized to ehterinto a change order thatisbinding on the parties of this<contracL In addition, Contractor warrants thaLlt has or will jJ1fo~m the surety of this change, and shall take appropriate action to modify any bonds requiredul1der the contract to addr~ss this chang~; . RECOMMENDED: L RECOMMENDED: ~~/c~ $~ CITY ENGINEER I DIRE.. OT.Oll PUBLlCWOR.KS. , ,., < .~?/pf .. Date ACCEPTED: S-:. \\r\-O '1 Date MAYOR APPROVED: ATTEST: ~d~) City Cle . -. .. Reservoir iI-Interior Cmiting:Replaceme'nt Change Order No. I Pagel of:2 CITY OF BREMERTON WORK CHANGE DIRECTIVE WCD#: One, Page 1 Of 1 Project #: -45126 Date: Feb!'U~lIy13~ 2Q09 PROJECT: Refievolr,21 G.bNTRACTOR: Coati"iP Unlimited YOU ARE DIRECTED TO 'PROCEED PROMPTl. Y WITH THE FOUOWING CHAHGE(S):. Weld Repair ,bn,FIOpr, ATTACHMENT(S): If a claim is made that the aboVe chailge(s) have, affected COntJ'act Price or Contract Times any claim for a Change Oi'der is based theteorJ will involve one or more of the following methOds of determining the effect of the change(s). The Change Order wit,1 ~. executed ,In apcordan<:e with Section 1-04,.4 of thtfWSDOT Standard SpecifICations, or Atticle 10 Of the General Conditions. . Method of ~tertnining change in Contract Price: o UnitPrice ~ Lump Sum o Trne & Materials 0, Other: Method of determining change in Contract Tmes: o o Contractor's Records Enginee(s Records o other: Estimated increase (decrease) in Contract Price: z.. 7 )'6' l- {,", $ ?,...',.. Iv Estimated increase (deer-eaSe) in Contract rnnes: Substantial Completion: 2 days; If the change involves,an inCrease, the estimated arTlOUnt ,!snot to ~,e.~ without further authorization;, Ready for final payment ~ays; .If the, change involVes an increase, the, estimated times are npjto oe'ex~i3d without further authOiiiation. RECOMMENDEO: AUTHORIZED; '\ CONTRACATbR' J,. iJ ~, " L '. .",' ,A " By. --., u- - . . - .' '11-, V ' " ,,' ')" ',,--' , Glry OF BRE~E~tON By: '~1/(,. . " '" I ab,FOR..s, ~~ ~..3:-00 COATINGS UNLIMITED~INC City of ar.merton R"'rvolr2 f IntertorCQatlng Ftep~~t Contra~ 4\.5.'26 .work: w.!cJ,Repalr Floor ITEM Oesalptlon Units Qty 1 Weld Replliplnt.FI~or Labor MatJInv CHANGE ORD,ER, REQUEST ~01 Oate:.2.13.2009 Eqt 2,270.00 Total $2,270.00 CornracUlme exte)"lsion: Comm."..t; Price inc!ucies alllillbpr.Ma~1a andEqulpm~nt. Items Total Overhead & Profit (1Wm 1)@ 20% Sub Total In. 2% TOTAL $2,270.00 ,$454.00 $2,724.00 $54.48 '$~778.'" (..~ p..-'V"":. . .~... : .'. ..JJ> !~: - _ j WESTERN TANK & PIPE 10712 SE HAROLD STREET PORTLAND, OR 97266 (503) 76(}'9286/FAX(503) 762-1232 r BILL to: " cOatings Ui111mited, Inc. 18420 68th Avenue. S., Suite 110 KeDt~ W A. 98032-.093 ~ ~ .t" ". . " ( c/-::::;,..___: ".-.. - '--..- . ',', -...;.....; -=:.:'::':,...:-.~' DATE 1-26-09 (NY #. ] - 1 . :i: r INVOI.CE . City of Bremerton B~OD flOOr- 'Weld Repairs. Lump Sum priCe to weld pitted spots OD reservoir floor as directed by owner . Lump Sum ~...,;-..-....; 2,270.00 THANK YOU ($ 2,278~OO l CITY OF BREM~RTON WORK GHANGE DIREc'nVE wcb#~ Two Page 1 OJ 1 ProjfiKi f1: . 45126 Date: February 13, 2009 PROJECT: ReServoir 21. CONTRACTOR; Coating:s Unlimited YOUAREDIRECrED TO pROCeED PROMPTLY WrrH me FOL~~ cAANGE(s): .P.r~sure waSt!EXtenor: OtTank ATTACHMENT(S}: Coatings Unlimited Change propOSal .If a claim is m3de. ttiat the' abOve chahge(~) tlave affected ContractPrice or COntract TiJTJeS any claim for a Change Order is ~ ~ wi. involve 0I'Ie. or ITlClI'8 of the foiowi!l9 methods of determinipg the e.ffect of the change{s); The Change Order will be executed in accordance with $ectiQn 1-04.4otthe WSDOTStandard Specifications, or Article 10. of the General Conditions." . MethOd of determinin cha '. 'in Contract Price: , .9 ., nge . .0 Unit Price [81' lump Sum o Tme & Materials o Other. Method Of determining q.ange.in Coi1Iract TlJ1ieS: o o Contractor's Records Engineer's RecOrds o Other. ' Estimated increase '(d~) in Contract ,Prtce: Estimafed.inaease (~ease) In ~Times: ~ 6,732.00 . Substantial Comptetion: 5 .l;iayS; If the chari~ invOlveS an increase. the estimated amou~tis not tp be ex~ without. further authOl'ization. Ready for final payment , days; If the change invotves em Increase, ~ estimated times are not 10 be ex6eeded Without furtherauthoriiatiorl. RECOMMENDED: AUTHORIZED: By:. -- CONTRACTOR CITY dFBREMERTON By: ;~;2,/L.. / all. F~. Win Chllnge,,[lire(;Iiv'8: ~ 'COATINGS'UNLlPJIITED,IHe CI~ofB~.rton . ReaeNOlr 21lntertor COatIng Replaeement Conttac1l\l 4512Ef .. . Work: Exterior Pre.aure Wa.hlnll ITEM. Description Units Qty Preuure W~Sh Exterior ofTank Labor MaUln" CHANGE ORDER REQUEST: tJ Oa.. [)a~:1-21-200~. Eqt 5,500.00 Total $5;500.00 qOI'1t/:a(:ttime exten.~n: 3 Da18 pomment Price Includeulllabor,MatertalsanQ !Equipment. Items Total Overhead s.ProfIt(ltem 1)@20% Sub T otel Ins 2% TOTAl., $5,500.00 . $1.100.()O $6,600.00 $132.00 ..;732.00 CITY OF 8REMERT<JN WORK CHANGE D.IRECTIVE, weD#.: Three Page 1 Of 1 PROJECT: Reservoir 21 Project #: 45126 Date: February 13~ .2009 CONTRACTOR:. COatino.s Unlimited YOU ARE DiRECTED'tO PROCEED PROIIPTL Y WITH lHE FOLLOWING CHANGE(S): The ~t 10 sandblast theext~riQil'9o.f tQ aSP-6. up to the upp<< wekl seam of the knuckle and apply 1 coat 3to 4 mils Tnemec 66 and 1 coat 1 to 3 mil Tnemec #73 including all labor, equipment and materials. -- . - ATTACHMENt(S}:, Coatings Unlimited change proposal 'If a .cIaim.is made that the above change(s) have affeele(fContract Price or Contract Tm'ies anY claim for.a Change Order is based thereon'will,involve one or more of the following ,methods 'of detennining the effect ofUle change{s). The , Change ()~erwill. be.axl3cUted in accordance with Sectioii1'-:04Aofthe WsDOr Standard SpecificatiOOsi or:,Articie10' of the General Conditions, MethOd of determining change in Contract Price: Method of determining Ch~ in ContraCt Times: o ~ o o Unit price. lump SUJJl, Tme & Materials Other. o o Contractor's Recorcl$ Engineer's Records o Other. EStimated increase (decrease)in CQntract PriCe: Estimated increase (decrease) in Contract.Tunes: 19 7. 50' 00' .... .c.... S-o c;"J '~25, 1(.,0, (.,.! " . T '-"1:>.' ..' sUbsta.ntia.1 ~pkroOf1: 14 days; $ If the change mvolVes an increase, the estimated an:Jount.isnot looo.exceede(fwithoutfurtner authorization, Reacjy for final payment ,days;. if the change involves an increase, the estimated tim~ are not to be ex~ed withQJ.rt further alJ~riz:alion, RECOMMENDED: AUTHORIZED: /' I j CONTRACTQR. I j! . (> ' '7 ~. Q ~' . /'. V BY:..~, ,,'/.., >...... 'V Citi OF BR.EMERT,ON By: "7 '/,/c /' ab,FOR~. WOO; ~ oiredt.e, 3-00 Pa!!.<tO I ,)f i Greg Snider From; Greg. Snide~ Sent: Thursday,. February 12,,2009 11:36 AM TO: Ned lever Subject: Roof Coating Ned, Ttte cost ~ sandDiaslthe exterior roof to a 51'-6. up to !he upper weld seam of the knuckle and apply 1 coat,3 to 4 mils Tnemec 66 and 1 el2 to 3 mil TnerrleC #73 including all labor, equipmentaild materials is'$19;750.00 ' Plicing is based on utilizulg equipment already on site, please let uS knoW ASAP. Thanks Greg Snider Coati.. Unl.lmlted Inc 18420 68th Ave So #110 KentWa.9~032 . Ptl# (425)~51-3i6& FX# (425)251-3269' ., . .... . . .' ' PriuiIegedjCanId Infol"l<diu.. may be alIltaifled In this message. If YOl,IIIfe not the adcfrnsee.1IldlcaIed iIlltU rneaage (or ~ for 0liIivelY oflhe meseage toSU:hpenon)..you may notc:opy ordeliwlr Ihls message to anyone. In such case,you lIhOt.dddeslroy.~ message and nolifYlhe sender by reply eIl13i. Please adv!Be itmIecIalely If you or yoIS employer do noc alf1MnIlo lnlemet emaiI for~ of lhis Idnd. OpinlooI, .' COfJCbIoi1s. and oI1er~ in tJis JIJl!IISlige It,1a1 do noc R!lalelo.lbe oIIIdal tlusineu d Coatings I.JnlWniaed Ine. IIhaIl be understood as neiIlIlf giIoIen nor erxIon!ect by 1. ... 4/3012009 . . .P'age ~ Greg Snider From: Ned U~ver{Ned. Lever@ci,brem~rton.wa;us] ~nt: Tu~y. February 17,2009 3:55 PM To; Greg Snider Subjed: RE: Zinc Primer lets go with.the zinc primer. Thanks. Ned lEWer, P,E. project Manager Direct (360) 4;3--2398 Fax (360) 47J::5398 ned:Jever@ci.brernerton.,wa.us - . '. .' . . . _u __. , ___~~~_ __....___. __ n. . _ ~ ..______ . - - ,. , From: Greg Snider [mailto:gsnider@OOal:iri9sunlimited.aiin] Sent: TUesday, February 17, 2009 1:19 PM To: Ned Lever . 5u~ject: Zinc Primer Importance: High Ned; The added cost to add a zinc primer coat to VYCDtf3would ~ $5,350,00 Please let 1.1$ '~ ASAP if possibie so we can order the zinc. Thanks. Greg Snider- ~Ungs Unlimlt$d Inc. 18420 68th Ave. SO #110 Kent ~ .98032 Phi (425)2~1:~ FX# (445)251~269 '._ ....., . ' . . ~ InfcirmaIiori Iriay: be coI1Iained in this message. "YOU alBllOC I1e addresseeindicaled in 1hi&message {or respoosibIe, fur deIiveIy orb message Iosuc:ll pel'$on}~~Jnay not~ ordelNerthis melI$lIQelo anyone.ln.such.case. ~ shouId,dlmroylt!!s ~ arid notify lhe' $8flIJef' by repty emal PIeese advise immeci8lely if you or yog' empIoyeJ do fIOIlmn&enl tolnlefn!ll.emai! for ~ Of ~~. 0pir1i0ns; conclusions and olhef..inlDnnation iI D1iS l'IKl$sag'e Itat ~ not rela1l!1o the oIfii:iaI. bu$inesS ~ ~ UnI!imi'ed lnC. .~ beurdeislDod as neihlf gillen nor endorse.o by it, 413012009. COAnNGS UNLIMIT.ED.IN~ City of Bntmerton R.~erVoifl~f Interior OO!liting Replacement Contnlct# 4512!3, Work: Ext,erl()r1Roof Sandblut& Paint 'ITEM 1 Description Qty Units Labor Matllnv C~N<3E ORDERREQUI;ST:, t 03 18,100.01 4,~l3..53 D8te~ 2~ 13-2009.' Eqt Total ~18,100.01 $4,40tt53 Exterior. Roof Sandblast & Paint Add Zinc Primer .. , . ,... Contra.cttime, extenslC1n: Comm,ent: Prl~lnclu~<<I' ~lIlabor,Materlal. and Equipment.. ltemaTotal' Overhead & Profit <"1) G 20% SubTotal. Ins 2~ T()TAL $20,508.54 $4,101.31. $24;e07.tll5 '$492;18 $25,1 OO~OO I I I I I I I I I I I I - I I I I I I CONTRACT RESERVOIR No. 21 INTERIOR COATING REPLACEMENT (Page 1 of 4) This agreement, made and entered into in triplicate, this 6th day of October , 20 08 . by and between the City of Bremerton, hereinafter called the City, and Coatings Unlimited, Inc. . 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 perform all work and furnish all labor, tools, materials and equipment for the Reservoir No. 21 - Interior Coating ReJ>lacement. All work to be in accordance with and as described in the attached plans, General Provisions, Special Provisions and the 2006 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 by the City. The Contractor shall complete the work no later than eighty (80) 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 00100, Part 1-2.06(E) of these Contract Documents for each calendar day said work remains incomplete after expiration of the specified times as liquidated damages. The Contractor shall provide and bear the expense of all labor, materials, equipment, and tools 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. 45126 - BREMERTON-RESERVOIR No. 21 Interior Costing Replacement Bidders Checklist & Bid/Contract Forms 00300-17 CONTRACT (Page 2 of 4) ll. 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. ill. The Contractor for himself: and for his heirs, exe6utors, 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 ofBremerton by reason of entering into this Contract, except as expressly provided herein. V. INSURANCE AND INDEMNIFICATION The Contractor shall procure and maintain, during the term and conditions of this Contract the required insurance and indemnification as adopted by reference in the General Conditions. VI. GENERAL CONDmONS A. Reports and Information: When requested by the City, Contractor shall furnish periodic reports and documents on matters covered by this Contract. The reports and documents shall be furnished in the time and form requested. Contractor shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Entire Contract: This Contract constitute the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Contract. The section headings and article titles of this Contract shall have no effect upon the construction or interpretation of any part hereof C. Severability: Should any part of this Contract be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Contract may only be modified by written instrument signed by both Parties. E. Waiver: Failure to enforce any provision of this Contract shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. 45126 - BREMERTON-RESERVOIR No. 21 Interior Coating Replacement Bidders Checklist & Bid/Contract Forms 00300-18 II i: Ii -' : ' I : I: I: II Ii . I F. G. VIT. IX. i! II II Ii t: Ii I! II II II II CONTRACT (Page 3 of 4) Compliance with Laws: Contractor shall comply ~ith all applicable Federal, State, and local laws in performing its obligations under this Contract. Choice of Law and Venue: This Contract shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Contr~ct shall be brought in Kitsap County Superior Court. WARRANTY The Contractor shall warrant the work for a period of two (2) years as referenced in the General Conditions. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs by the City in order to accomplish the correction. TERMINATION The City may terminate this Contract without notice for good cause. "Good Cause" shall include, without limitation, anyone or more of the following events: A. The Contractor's failure to supply sufficient skilled workers or suitable materials or equipment. The Contractor's failure to prosecute the work with such diligence as will ensure its physical completion within the original physical completion time specified in this Agreement and any extensions of time which may have been granted to the Contractor by change order or otherwise. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. B. C. D. The Contractor's disregard of federal, state or local laws, rules or regulations. E. F. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. The Contractor disregards the authority of the City. The Contractor performs work which deviates from the Contract, and neglects or refuses to correct rejected work. G. H. 1. The Contractor's failure to provide continuous competent supervision. The Contractor otherwise violates in any material way any provisions or requirements of the contract. 46126 - BREMERTON-RESERVOIR No. 21 Interior Coating Replacement Bidders Checklist & Bid/Contract Forms 00300-19 11 I' I I I - I I I I I I' I, I: CONTRACT (Page 4 of 4) If the City terminates this Contract for good cause, the Contractor shall not receive any monies due under this Contract, if any, until the Contract work is completed. In witness whereof the parties hereto have caused this agreement to be executed the day and year first herein above written. CONTRACTOR Coatings Unlimited, Inc. By: Title: President Date: 10-6-08 ATTEST: duldflrw City CI II APPROVED: II . Attorney Ii I ( 45126. BREMERTON-RESERVOIR No, 21 Interior Coating Replacement Bidders Checklist & Bid/Contract Forms I: 00300-20