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Home My WebLink About20210520_4559_Signed Agreement with Long Painting CompanyTHIS AGREEMENT is dated the SECTION 00500 AGREEMENT day of year 2021 by and between City of Bremerton (hereinafter called OWNER) and LONG PAINTING COMPANY (hereinafter called CONTRACTOR). in the OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the OWNERS's Contract Documents entitled RESERVOIR 19 — EXTERNAL COATING REPLACEMENT. ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Substantial Completion within 100-calendar days from the commencement date stated in the Notice to Proceed. Time is of the essence as to each and every deadline set forth in this agreement. This provision has been specifically negotiated. Final Completion and Acceptance of WORK shall be achieved no later than 30 calendar days following Substantial Completion. ARTICLE 3. LIQUIDATED DAMAGES. OWNER and the CONTRACTOR recognize that time is of the essence for this Agreement and that the OWNER will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions and Supplementary Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the OWNER if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CONTRACTOR shall pay the OWNER liquidated damages for the delay (Not as a penalty) in the amount of $750 per day that expires after the time specified in Article 2. ARTICLE 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Schedule(s). ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. Contrac a Iitials RESERVOIR 19 - EXTERIOR COATING REPLACEMENT AGREEMENT APRIL 2021 00500-1 ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the WORK consist of this Agreement (Section 00500) and the following which are either attached or incorporated herein by reference: • Notice Inviting Bids (Section 00030). • Bidders Checklist (Section 00100). • Bid Proposal including the Bid, Bid Schedule(s), Information Required of Bidder, Bid Bond, and all required certificates and affidavits (Section 00300). • Performance Bond (Section 00610). • Payment Bond (Section 00620). • General Conditions (Section 00700). • Supplementary General Conditions (Section 00800). J • Technical Specifications as listed in the Table of Contents, including appendices. • Drawings as listed in the List of Drawings • Addenda numbers 1 to 1 , inclusive. • Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Section 3.04 of the General Conditions. ARTICLE 7. WAIVER OF IMMUNITY. The CONTRACTOR and OWNER acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. The CONTRACTOR and OWNER acknowledge and agree to the requirements for indemnification in Sections 6.20 of the General Conditions and Supplemental Conditions. The provisions of this section shall survive the termination of the contract. ARTICLE 8. SUSPENSION OF WORK AND TERMINATION. The CONTRACTOR agrees to the right of the OWNER to suspend work or terminate this agreement as indicated in Article 15 of the General Conditions and Supplementary Conditions. Contr c • r Initial RESERVOIR 19 - EXTERIOR COATING REPLACEMENT AGREEMENT APRIL 2021 00500-2 ARTICLE 9. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The OWNER, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes. In the case of an assignment for security purposes the CITY may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay subcontractors and suppliers. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, OWNER and CONTRACTOR have caused this Agreement to be executed the day and year first above written. OWNER: City of Bremerton CONTRACTOR Long Painting ompany rp wog (Signs n (S gnat c) By V r e... LA) V►e-e� e r (Printed name Address for giving notices: City of Bremerton 34561h Street, Suite 100 Bremerton, WA 98337 Approved as to Form-, (Signature) City Attorney-C"i i , (Title) If By - �^ (Printed name) [CORPORATE SEAL] Attest Pill �,�� .� � Sec. 7r1os�. Address for giving notices: Long Painting Company 21414 68th Ave. S. Kent, WA 98032 License No. Agent for service of process: RESERVOIR 19 - EXTERIOR COATING REPLACEMENT AGREEMENT APRIL 2021 00500-3 AGREEMENT CERTIFICATE (if Corporation) STATE OF SS: COUNTY OF I HEREBY CERTIFY that a meeting of the Board of Directors of the Lavil ?a:Ar�; 14,904"if a corporation existing under the laws of the State of 1lJ � Ir, ►� b2 ,held on _Zo ��GLP.N'��-P✓ 31 9•2lt, the following resolution was duly passed and adopted: "RESOLVED, that as President df`tlie Corporation, be and is hereby authorized to execute the CONTRACT dated , 2021, by and between this Corporation and City of Bremerton and that his/her execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act arid deed of this Corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this K-oyt 1 Z r , day of (SEAL) 2021. Secretary �+i Lei /%1. RESERVOIR 19 - EXTERIOR COATING REPLACEMENT AGREEMENT APRIL 2021 00500-4