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Home My WebLink About4475 +--------------------------------------------------------------------------+ + + + + + + + ,'Enter Search Criteria, Press Esc Key to Transmit "Press Del Key to Terminate Delete Mode + CHANGE + Contract Number + 1ovendor Name J.Subject , .Department "Status Code + + + + + + + + + "" Comments Contract Transactions 4475 T BAILEY INC RESERVOIR # 8 ENGINEERING CON - SEISMIC UPGRADE Insurance Type Amount GL $2000000.00 AL $1000000.00 Amount Begin Date End Date Review Date $251137.50 + 02/17/2005 06/30/2005 02/15/2007 -.- Insurance Total Insurance Review Date $3000000.00 + 09/01/2005 + "" CHANGE ORDER #1-5/05 VAULT 01/01/2007 + +--------------------------------------------------------------------------+ 4\[7~ Public Works and Utilities Department - Administration 3027 Olympus Drive. Bremerton, WA 98310 . (360) 473-2327 · FAX (360) 473-5018 August 10, 2005 US Bank Commercial Customer Service Attn: Maria Flunker 1420 Fifth Avenue 10th Floor Seattle, W A 98101 RE: Release of Retainage for Public Works Contract T. Bailey, Inc. Account/Escrow #153590025760 Dear Ms. Flunker: T. Bailey, Inc. has completed all work required under contract for the Reservoir #8 Seismic Upgrade & Interior Coating Replacement. Please release the retainage you are holding in the amount of Eleven Thousand Five Hundred Sixty-two and 501100 ($11,562.50) to the contractor. Thank you for your services and your prompt attention to this matter. Sincerely, Al/fI{/~ Mildred H. Vellegas PW & U Financial Manager cc: T. Bailey, Inc. City Clerk Contract file . ~(6t~ Washington State Department of Revenue PO Box 47474 Olympia, WA 98504-7474 601 351 925 Certificate of Payment of State Excise Taxes by Public Works Contractor T BAILEY INC 12441 BARTHOLOMEW RD ANACORTES WA 98221 9327 CITY OF BREMERTON PUBLIC WORKS DAN MILLER 3027 OLYMPUS DR NE 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 #4475, SEISMIC UPGRADE & INT COATING REPLACE RESERVOIR #8 together with all other taxes, increases and penalties due from such contractor,hav~ been paid in full or that they.are, in the Department's opinion, readily collectible without recourse to the state's lii::mon 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 l'Jt-l~ &105 at Olympia, Washington, - -1< -'<0'--. =-~.:~7Cr State of Washington Department of Revenue , C~gO~ To inquire about the availability of this document in an alternate format for the visually impaired or in a language'othenhan'Engtish, ptease'c'all'(300)'<t86:23~2.-- TTY users may call 1-800-451-7985. ' REV 310028 (10-01-02) ROUTING: Disbursing Officer, Contractor, File, Special File Verify Workers' Comp Premium Status - Employer Liability Certificate Pagel of 1 Washington Stale Department of Labor and Industries Employer L1abil~ Cerllficate Department of Labor and Industries Employer Liability Certificate Date: 07/06/2005 UBI #: 601 351 925 Business Name: T BAILEY INC Legal Business Name: T BAILEY INC Account #: 906,119-00 'Doing Business As' Name: T BAILEY INC Quarterly Premium Reports: Quarter 1 of Year 2005 Workers' Comp Premium Status: Account is current. Firm has voluntarily repoIi\:d and paid their premIUms. Licensed Contractor? Yes Account Representative: T7 / BEL VA SHOOK (360)902-4811 Industrial Insurance Infol1llation The information above shows the employer's industrial insurance (workers' compensation) premium status with the Department of Labor and Industries. Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found lawr to be due. Industrial insurance accounts have no policy periods, cancellation dates or limitations of coverage. (See RCW 51.12.050 and 51.16.190.) https://fortress.wa.gov/lni/crpsi/ AcctInfoPrint.aspx? AccountId=90611900&AccountManage... 7/6/2005 RECEIVED STATE OF WASHINGTON JUN 2 I) 2005 EMPLOYMENT SECURITY DEPARTMEN-- PO Box 9046 0 Olympia, WA 98507-9046 fJ WORKS AND UTIUTIf:~ CONTRACTOR: T. Bailey Inc. 12441 Bartholomew Rd. Anacortes, WA 98221-9327 ) CERTIFICATE OF ) PAYMENT OF CONTRIBUTIONS ) PENALTIES AND INTEREST ON ) PUBLIC WORKS CONTRACT ES Reference No. 860375"000 TO: City of Bremerton Public Works & Utilities - Attn: Dan Miller 3027 Olympus Dr. Bremerton, WA 98310 The Employment Security Department hereby certifies that contributions, penalties and interest due from the above named contractor under the Employment Security Act have been paid in full or provided for with respect to the following public works contract: 4475 . 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 June 17,2005. COMMISSIONER EMPLOYMENT SECURITY DEPARTMENT By r1tt ~~ thorized Representative) Original-Disbursing Officer Duplicate-Employer Triplicate-Central Office Files EMS 8449 7QO R3-98 o CONSENT OF SURETY For Final 'Payment Bond No. 08761343 .ll' Project Name Reservoir No.8, Seismic Upgrade and Interior Coatong Replacement Location . 730~ Werner Road, Bremerton,. Washington Project No. 4304 Contract No. ~ J11{ Type of Contract Seismic Upgrade l' Amount of Contract $251, 13 7 .50 In accordance with the proviSions of the above-named contract between the Owner and the Contractor, the following named surety: Fidelity and Deposit Company of Maryland P.O. Box 3018 Bothell, WA 98041-3018 I on the Payment Bond of the following named Contractor: l' BailexJInc. 12441 Bartholomew Road , Anacortes ,WA 98221 . " . hereby:approves of final payment to the Contractor, and further agrees that said final payment to the Contractor shall not relieve the Surety Company named herein of any of its obligations to the following named Owner: as set forth in said Surety company's bond: City of Bremerton . 239 4th Street -:';,;",;p-, .,;,;:h;F-;':L' :,,,:;--:,-,;,;..~.; ~ .:. . IN WITNESS WHEREOF, the Surety Company has hereunto set its hand and seal this 12rh day of MRY 20 ..D.5- Fidelity and Deposit Company of Maryland (Affix corporate " seal here) Ignature of Authorized RepreseQ '.'. ,"> Julie M. Glo~7r~ I Attorney-in::Fact,.,\; J~~:>"1i~;; , .,{ , TITLE j " ~ .-. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said /azfl\P~ny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the ?~ ~e~25t~ei:hereby nominate, constitute and appoint Nancy J. OSBORNE, Darlene JAKIELSKI, J.9Jit\~~btEIh(~d_V:~AUM, all of Bothell, Washington, EACH its true and lawful agent and AttorneY-iq~j}ff-~\T~J~Yu ~r~a.I!:iNf.flBJ~, for, and on its behalf as surety, and as its act and deed: any and all bOnds-~tUT~a\~~gS~nA e~~{)rsuch bonds or undertakings in )1 ~-4rD W ~.... t ~ j~~ pursuance of these presents, shall be a,s l:!}pWlm u~,~,e;i-m ~1i1y;;~~l fI~ij,hd--<ffi1ply, to all intents and purposes, as if they ha~ been duly executed and}!~k~(ij'lM./~l'i-he!t;g~~( J~~ dm'c'efs of the Company at its office in Baltimore, Md., in their own proper pe~~~r~~po*eMS~jlgo~)\~~?.uuna Issued on behalf of Nancy J. OSBORNE, Darlene JAKIELSKI, Julie ~fGh0VER~ai1~~~S, Viki BAUM, dated January 13,2004. The said Assistant ~~Y~es\~e~r~\.-;;;~ify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-La.ws\~f~id Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this I st day of November, A.D. 2004. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Gregory E. Murray Assistant Secretary /7 ~:;- Iv.'.- ( '~{' /X'1<t. . ,/ I (1.1 1r' .~- [~.~ C\) -~ -- . v ()~ William J. Mills Vice President ,s. t~.t.t.,...'.o. .~......M..... ar,yland }ss: .... .\~\tyot 13aItlmore ,;,\"';:'~;;~n'\{hif>~S(9ay of November, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly ._,,' "Q?nlrflissi()h129.:.iIldqualified, came WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary :':~>{.;;?nhe:;~1:~fr.l1KAND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers c.;, . d~scrlbed"i.~~lc,(;who executed the preceding instrument, and they each acknowledged the execution of the same, and being byn;idlJl~s\Vbrn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, a\lqtlJ;a;t;;f~~,~a] affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal 'ai1~!q.~i((;.~lgnatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the ' sai'cj; Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. \\,\1 I IIt}'1 [~~:1:i~;; './1)';1';\\\\ (1- ^ ("( __~.{"y~r'.fd,.......c.\/r..(...X,..... ......./\.- /~.~~)_A)Y"'~Y""'7"_.~~.r. Constance A. Dunn Notary Public My Commission Expires: July 14,2007 POA-F 180-2466A FINAL WAIVER OF LIEN To All Whom It May Concern: \IIJHEREAS, the undersigned has been employ~d by (Al. C.A~ ' 0+ ~eme f -t-(,~.....') to furnish labor and materials for (B) ~fl)')t (' . <2' ~}~ iY' P \ n-\t"f I ~ (l ~--YC{21(j (Y":YYJe n -j-- under a contract (e) dl ~ for the improvement of the premises described as {D} I~ {AJerve y L~()de work, Pco in the r~ (City-Village) of (~&( Jnc:Y"*.Jn countYOf-4:)~P ,Stateof--lAh~f ~~ of which CA ~ c>f tr~JY)ey+CYl . is the Owner. 'I l-/+l. \ 1-. d'YOf~ for and in consideration of the sum of (E) ~02:::, \ I f - 0 Dollars paid simultaneously herewith, the receipt whereof is hereby acknowledged by the undersigned, the undersigned does hereby waive and release any lien rights to, or claim of lien with respect to and on said above-described. premises, and the improve- ments thereon, and on the monies or other considerations due or to become due from the owner, on account of labor, services, material, fixtures, apparatus or machinery heretofore or which may hereafter be furnished by the undersigned to or for the above- described premises by virtue of said contract. NOW, THEREFORE, this 2\J~, (SEAL) (SEAL) (Signature of Authorized Representative) TITLE:Y'l"'""S1Ctle.Jll }-- INSTRUCTIONS FOR FINAL WAIVER (A) Person or firm with whom you agreed to furnish either labor, or services, or materials, or both. ISI Fill in nature and extent of work; strike the word labor or the word materials if not in your contract. (e) If you have more than one contract on the same premises: describe the contract by number if available, date and extent of work. (0) Furnish an accurate enough description of the improvement and location of the premises so that it can be distinguished from any other property_ (E) Amount shown should be the amount actually received and equal to total amount of contract as lIdjusted. IF) If waiver is for a corporation, corporate name should be used, corporate seal affixed and title of officer signing waiver should be set forth; if waiver is for a partnership, the partnership "ame should be used, partner should sign and designate himself as partner. /f'h:.s&-/L\/o/~ -#- & :'qQnt. ? t!pgrade &1r:1teri .. . edat .7300Wemiir, ington, ..', .' 'Any parties baving a claim.for or9amages .with reference hC!Vl;l/forty fiV€ (45t-aays .frem tlilet catibnPfthis noticefQ'iile a,-cI:aL.', ;,,"' .....1. Jun~ 3,_?005 #10'0155518 . m ." 'i ~ I i . ......~.". C!'" . r" :'1 :.: :.. ,. +--------------------------------------------------------------------------+ '.Enter Search Criteria, Press Esc Key to Transmit + "Press Del Key to Terminate Delete Mode "" CHANGE Contract Transactions Contract Number 4475 + + +vendor Name ,,"Subject '.Department "Status Code =1= T BAILEY INC RESERVOIR # 8 ENGINEERING CON - SEISMIC UPGRADE =1= "" Insurance Type Amount GL $2000000.00 AL $1000000.00 Amount Begin Date End Date Review Date $251137.50 02/17/2005 06/30/2005 02/15/2007 Insurance Total Insurance Review Date $3000000.00 09/01/2005 Comments CHANGE ORDER #1-5/05 VAULT 01/01/2007 'f + + + +--------------------------------------------------------------------------+ AFFIDAVIT OF PUBLICATION No. Ad # 100155518 STATE OF WASHINGTON COUNTY OF KlTSAP I, Dina Christensen, 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 THE KITSAP SUN Newspaper; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, 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, and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper June 3, 2005, 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 $29.86 which amount has not been paid. ~ Subscribed and sworn to before me this 17th day of June, 2005. ~J j~ll:b/- OFFICIAL SEAL DAWN BLATT NOTARY PUBLIC. STATE OF WASHINGTON My Commission Expires July 30, 2006 City of Bremerton' NOTICE OF FINAL COMPLETION' Notice of final completion has been filed with the City of Bremerton on Friday May 27, 2005 by T Bailey, Inc., Anacortes, Washington for Contract No. 4475 - Reservoir No.8 - Seismic Upgrade & Interior Coating Replacement located at 7300 Werner Road, Bremerton, Washington.- Any parties having a claim for materials, labor or damages with reference to this contract have forty five (45) days from the date of publication of this notice to file a claim.- June 3, 2005,,#100155518- +--------------------------------------------------------------------------+ --Enter Search Criteria, Press Esc Key to Transmit =+= --Press Del Key to Terminate Delete Mode =+= CHANGE Contract Transactions =1= Contract Number 4475 =l=Vendor Name : :Subj ect :-Department ..Status Code =+= =1= =1= T BAILEY INC RESERVOIR # 8 ENGINEERING CON =+= - SEISMIC UPGRADE =+= =+= =1= =+= =+= 1= Insurance Type Amount GL $2000000.00 AL $1000000.00 Amount Begin Date End Date Review Date =+= $251137.50 =+= 02/17/2005 06/30/2005 06/01/2005 =+= Insurance Total $3000000.00 =+= Insurance Review Date 09/01/2005 =+= =+= =+= 1= =+= +--------------------------------------------------------------------------+ Comments CHANGE ORDER #1-5/05 CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 01 PROJECT NAME: RESERVOIR 8 - Seismic Upgrade & Interior Coating Replacement PROJECT NO: 4304 CONTRACTOR: T Bailey, Inc. PREVIOUSLY APPROVED CHANGES: THIS CHANGE: REVISED CONTRACT AMOUNT: $245,436.00 $0.00 $5,701.50 $251,137.50 DAYS: 120 cal-days o cal-days ORIGINAL CONTRACT AMOUNT: DAYS: DAYS: o cal-days 120 cal-days DAYS: This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. DESCRIPTION OF CHANGES INCREASE IN CONTRACT AMOUNT ($) (DECREASE) IN CONTRACT AMOUNT ($) CONTRACT TIME EXTENSION (CAL.-DAYS) a ...... ..... ....... .- ...... Ql Q) "5 "5 n:: n:: x Contract time delay resulting from City difficulties in draining the reservoir from the dates of February 22nd thru March 2, 2005 and a time delay resulting from intrusion of water into tank while performing interior work from dates of March 22nd thru March 24,2005 ($5,250.00 + W.S.S.T. @ 8.6%) ............ ... ... ... ... ... ... $5,701.50 Attached Cost Breakdown from Contractor, T Bailey, Inc., dated April 18, 2005. o NET CHANGE IN CONTRACT AMOUNT (Increase) $5,701.50 o .. CONTRACT CHANGE ORDER NO: 01 PROJECT NAME: RESERVOIR 8 - SEISMIC UPGRADE &INTERIOR COATING REPLACEMENT '" Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, on-site or home office overhead, or lost profits. Nothing in this Change Order shall limit the City's right to bring a claim for past performance. The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Change Order. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Change Order shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a change order that is binding on the parties of this contract. In addition, Contractor warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this C~hange. ~ < 70;;: A' _ RECOMMENDED: ~~ PRO ECT MANA :;-/o~/ar / Date" RECOMMENDE . ~ $/1>/0>- Date ACCEPTED: S & UTILITIES Cl CONTRACTOR: T Bailey, Inc. S--Ib--D~. Date APPROVED: APPROVED AS TO FORM: B merton City Attorney Page 2 of2 T BAILEY, INC. Change Order Proposal #: Date: 1 4/18/2005 Reservoir NO.8 City of Bremerton "Interior Paint - Additional costs due to delay & accidental filling of tank" Matl/lnv Item I Description I Qty Units I Labor 1 Services Subcontr Eqt I TOTAL 1111~BSt~..J.l:ii_&._.ft;,jt~T.3;i;;~tJiil~~~c~7:jj;:::l";;~~:~f;r~c~;:~~;':"r';~~f"':!;<;;f~;;l\,;lt~;?~;'::;1j~~:P::~:;;~;,~,~,~;:!tlE~~;';";:~;;~~t~~;;~"~~~0i?:;"i'~lf~1:;;'fi$~:;:i }~~~:=::~~~'~~'_~]=Ci~~;~~;;~~~~~'_"~~~~~=:~--.~~~~_~-_~:!.~' 2 ~,,~~~~~t\"~~1~~a~f~Ml!:"'Il.(~!t'l'Wi,~~,!,wt~.(,~'J\'5~il;]":~~:~(<s~~,.,"ls:~~'~i;';\l:~2::t~~~C', :'~;r";:1,;;' .;,.,,;C~f~~'~~~li ;::::~",:,; ... 1ft, '''~:~bfJ Labor 10 mh 550.00 1$ 550,00 20 Bags of Abrasive 20 Ea 148.00 $ 148,00 Additional clean-up due to wet/compacted abrasive 4 mh 220.00 $ 220.00 ~~Ad~~n:::~:;:~~t ~u~ to,a~d:~,~:~:hg' ~iOf wet ~~::~:i~~~~ c'-~~~r-'~~ ',~'-;rr ""-C~T':-:~~~~~:: 'i'O~~~" _,."., ~P"'i'~ :___..,. ~"'~~, 3 ., . ~''''~', iililflilliillll,"!"~~t rr#Mfloo:~il~'mJJt."Wl:'1'; ~.'.'t'''~''':i''..'" ,10"''.:'', ";<}'f"'w *,,~:":"<~f"'$'i"~~X. ,.'"~''' .-,&, :~.,.;.:i~)',..:.' '. i1'_~ ,"~~h;",~ "-~~::II~~;IO~~~~ ~:~e~:~:;~='~~~'~ ~ ~~~"~--~~ _.r{,::~~~:(__ '..",'A_ ~~,._.',,~__d~~~,,_ '_"'~~<U"'~~~:~~__~U'-~~I'AX" ' i __~h -~~~~:~~ Maintenance on Heater 1 Is NO CHARGE $ Labor to Standby while waiting for tank to dry out 19 mh 1,045.00 $ 1,045.00 T BAILEY Supervision 5 hr 300.00 50 $ 350.00 720.00 4,128.50 150.00 I $ 4,998.50 Markup on sub 10% $ 412.85 Contract time extension: 0 calendar days Markup on T BAILEY SCOPE 18% $ 156.60 Notes: NOT REQUESTNG EXTENSION OF CONTRACT TIME Total This Change Proposed >>> $ 5,567.95 Contraotor: PLEASE REVIEW THE ABOVE DETAILS. THE CITY WAS NOT CHARGED FOR THE ENTIRE DELAY PERIOD. BOTH T BAILEY AND NATIONAL INDUSTRIAL MITIGATED COST IMPACTS TO THE CITY D~G THE DELAYS (SEE ITEM 1 ABOVE. THE CHARGES REFLECT 2X MO~~~GQDAYS ONLY). - , // T~z7_ Change Order Amount Negotiated >>> $ 5,250~OO' + WSST Date: Vli~!; +--------------------------------------------------------------------------+ +Enter Search Criteria, Press Esc Key to Transmit - - +Press Del Key to Terminate Delete Mode -- - . CHANGE Contract Transactions . - - - Contract Number 4475 -- - . - . = :Vendor Name T BAILEY INC - . =1:Subj ect RESERVOIR # 8 - SEISMIC UPGRADE =1= =l=Department ENGINEERING + =l=Status Code CON =l= - . Amount $245436.00 =l= - . Begin Date 02/17/2005 =1= - . Insurance End Date 06/30/2005 =1= - . Type Amount Review Date 06/01/2005 =1= =: Press F1 for GL $2000000.00 - . = = valid insuranceAL $1000000.00 - . == type codes =1= =+= Insurance Total $3000000.00 =l= - . Insurance Review Date 09/01/2005 =1= -.- =1= =1= Comments =1= -- =1= - - =1= +--------------------------------------------------------------------------+ I I CONTRACT RESERVOIR 8 SEISMIC UPGRADE & INTERIOR COATING REPLACEMENT I (Page 1 of 4) I TIris agreement, made and entered inio this /7 day of . -Fe B e..iA-f>.. (L 1 , r- 20 0:';' , by and between the City of Bremerton, hereinafter called the City, and , -r ~\( E--, 'f ( I\J(~ . , hereinafter called the Contractor: I I WItnesseth: That in consideration of the terms and conditions contained herein and attached and made a I part ofthis agreement, the parties hereto covenant and agree as follows: I I. The Contractor shall perform all work and furnish all labor, tools, materials and equipment for the Reservoir No.8, Seismic Upgrade and Interior Coating I Replacement. 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 shall be in accordance with and as descn'bed in the Plans, General Provisions, I Specifications, and the 2004 Standard Specifications for Road, Bridge and Municipal Construction (English), which are by reference incorporated herein and made a part hereof I 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 I the work no later than one hundred twenty (120) 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 the General Provisions, Section 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 equipment, tools, materials I 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 ~ are mentioned in the specifications to be furnished by the City. I I 4304-BREMERTON-RESERVOIR NO.8 Bidders Checklist & Bid/Contract Forms Seismic Upgrade & Interior Coating Replacement 00300-17 I 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 descnbed 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 ofBremerton by reason of entering into this Contract, except as expressly provided herein. V. INDEMNIFICATION Contractor shall defend, indemnifY and hold the City, its officers, officials, employees, agents, volunteers and assigns harmless from any and all claims, ~uries, damages, losses or suits, including .alllegal 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 ofIiability for damages arising out of bodily ~ury 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 ofthe Contractor's. negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD TIIAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CON1RACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TInE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE TIIAT THEY HAVE MUlUALL Y NEGOTIATED TIllS WAIVER The provisions of this section shall survive the expiration or termination ofthis contract. 4304-BREMERTON-RESERVOIR NO.8 Bidders Checklist & Bid/Contract Forms Seismic Upgrade & Interior Coating Replacement 00300-18 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 descnbed 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, sub-consultants and/or subcontractors. Before beginning work on the project descnbed in this contract, the Contractor shall provide a Certificate oflnsUfance evidencing: l. Automobile Liability insurance with Iimits 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 operationslbroad form property damage; explosion, collapse and underground (XCV); 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 clause 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. r 4304-BREMERTON-RESERVOIR No.8 Bidders Checklist & Bid/Contract Forms Seismic Upgrade & Interior Coating Replacement 00300-19 - , ~--, - I CONTRACT (Page 4 of 4) - 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. Proof of coverage shall be provided to the City in the form of a Certificate ofInsurance and II 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 witness whereof the parties hereto have caused this agreement to be executed the day and year first herein above written. ~ CONTRACTOR Title: Date: .2. - / 7 - (),:;- , APPROVED: I I I I I I I I 4304-BREMERTON-RESERVOIR No.8 Bidders Checklist & Bid/Contract Forms Seismic Upgrade & Interior Coating Replacement 00300-20 ,