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Home My WebLink About4476 +--------------------------------------------------------------------------+ =f=Enter Search Criteria, Press Esc Key to Transmit +Press Del Key to Terminate Delete Mode CHANGE Contract Transactions Contract Number 4476 '.Vendor Name '.Subj ect ',=Department ==Status Code FISCHER GENERAL CONTRACTING INC RESERVOIR #10 - SEISMIC UPGRADE ENGINEERING CON -,- =f= + Insurance Type Amount GL $2000000.00 AL $1000000.00 Amount Begin Date End Date Review Date $72861.00 02/16/2005 ,.I. 07/31/2005 -- 02/15/2007 -- + ,. ,. ,. =f= +--------------------------------------------------------------------------+ Insurance Total Insurance Review Date $3000000.00 =f= 11/01/2005 Comments VAULT 01/01/2007 \' .. AFFIDAVIT OF PUBLICATION No. Ad # 100155521 ST ATE OF WASHINGTON COUNTY OF KITSAP 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 $31.56 which amount has not been paid. City of Bremerton. NOTICE OF FINAL COMPLETION. ~ Subscribed and sworn to before me this 17th day of June, 2005. Notice of final completion has been filed with the City of Bremerton on Friday May 27, 2005 by Fischer General Contracting, Inc., Poulsbo, Washington for Contract No. 4476 - Reservoir 10 North & South- Seismic Upgrade located at 5785 Imperial Way SW, (Port of Bremerton Olympic Industrial Park) 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, Z005"#1001555zr +--------------------------------------------------------------------------+ ;:press Esc Key to ..Press Del Key to =f= Insert new record, Ctrl-Z to Clear form Terminate Insert Mode INSERT Contract Maintenance Contract Number 4476 ,. ,. ,. ,. =f= = :Vendor Name = =Subj ect =f=Department ==Status Code FISCHER GENERAL CONTRACTING INC RESERVOIR #10 - SEISMIC UPGRADE ENGINEERING CON Insurance -. Type Amount -- Press F1 for GL $2000000.00 valid insuranceAL $1000000.00 type codes Amount Begin Date End Date Review Date -,- $72861. 00 ,. 02/16/2005 J, 07/31/2005 o. 07/01/2005 -- =f= $3000000.00 11/01/2005 -.. ,. + =f= .- +--------------------------------------------------------------------------+ Insurance Total Insurance Review Date Comments - I I I I II ""'~ II - ~. . I' -~ Ii':; '!- ' ;:~~-, C I I ( .' ~, I' "j CONTRACT RESERVOIR 10 North & South SEISMIC UPGRADE (Page 1 of 4) This agreement, (~rUA~J called the City, and made and entered into ill triplicate, this jiP day of , 20D J-;-, by and between the City of Bremerton, hereinafter rJ 5 ~ e~ U.eA') {(.rlil /J)rdYtft{;/;;' //lG., hereinafter called the J Contractor: WItnesseth: That in consideration of the terms and conditions contained herein and &<<:ached 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.IO North & South - Seismic Upgrade. 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 descn"bed in the attached plans, General Provisions, Special Provisions and the 2002 Standard Specifications for Ro~ Bridge and Municipal Construction (English), which are by this reference incorporated herein and made a part hereot 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 one hundred sixty (160) 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 General Provisions, Section I-2.06(E), of these Contract Documents fot 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, material and ~illany~~~that~be~~~the~ill~erialsand~ construction and completing the work provided for in this Contract and every part thereot except such as are mentioned in the specifications to be furnished by the City. 4315 & 4318-BREMERTON-RESERVOIR No. 10 North & South Seismic Upgrade Bidders Checklist & Bid/Contract Forms 00300-17 I ~-- '~!?r./ 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 descnOOd 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 himselt and fur 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, iIijuries, 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 ofbodily injury to persons or damages to property caused by or resuhing :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 MUTUALL YNEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or tennination of this contract. VI. INSURANCE The Contractor shall procure and maintain, during the term of construction and 4315 & 4318-BREMERTON-RESERVOIR No. 10 North & South Bidders Checklist & BidlContract Forms Seismic Upgrade 00300-18 CONTRACT (Page 3 of 4) throughout the specified term of maintenance, insurance of the types and in the amounts Descn"bed below against claims for injuries to persons or damage to property that may arise from or in connection with the perfonnance of the work hereunder by the Contractor, its agents, representatives, employees, sub-consultants and/or subcontractors. Before beginning work on the project descnOOd in this contract, the Contractor shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with Iirnits 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 (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 selfinsured 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. 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 Qfthe insurance policy with all endorsements as evidence of coverage. , Proof of coverage shall be provided to the City in the form of a Certificate of Insurance and 4315 & 4318-BREMERTON-RESERVOIR No. 10 North & South Bidders Checklist & BidlContract Forms Seismic Upgrade 00300-19 CONTRACT (Page 4 of 4) 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 req~ 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 (JSC)18V By: Title: ~reSJdfJ11f Date: ;;J-JIo-O'i' ATTEST: APPROVED: ~~ - --- ~ 4315 & 4318-BREMERTON-RESERVOIR No. 10 North & South Bidders Checklist & Bid/Contract Forms Seismic Upgrade 00300-20