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Home My WebLink About1 - Original Submission_ Reservoir4FencingSecurity Agreement PERFORMANCE BOND City of Bremerton 233-1896-177 Reservoir 4 Fencing and Security Improvements I-35 May 2021 Contract Documents – Bid Set Contract CONTRACT (Page 1 of 4) THIS AGREEMENT is dated the day of in the year 20___, by and between the City of Bremerton (hereinafter called CITY) and (hereinafter called CONTRACTOR). CITY 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 CITY’s Contract Documents entitled Reservoir 4 Fencing and Security Improvements. ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Physical Completion within 30 working days after 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. ARTICLE 3. LIQUIDATED DAMAGES. CITY and the CONTRACTOR recognize that time is of the essence for this Agreement and that the CITY 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 Section 1-08.9 of the Standard Specifications which may be modified by the Special Provisions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CONTRACTOR shall pay the CITY liquidated damages in the amount determined under Special Provisions Section 1-08.9 per day after the date of Physical Completion for each phase. ARTICLE 4. CONTRACT PRICE. CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Proposal, which shall include sales tax as provided in Section 1-07.2(2) of the Special Provisions. ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9 of the Standard Specifications which may be modified by the Special Provisions. Applications for Payment will be processed by ENGINEER as provided in the Special Provisions _____________ Contractor Initials City of Bremerton 233-1896-177 Reservoir 4 Fencing and Security Improvements I-36 May 2021 Contract Documents – Bid Set Contract CONTRACT (Page 2 of 4) ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the WORK consist of this Contract and the following attachments to this Contract: x Notice Inviting Bids, x Bidders Checklist, x Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits, x Performance Bond, x Payment Bond, x Standard Specifications, x Amendments to the Standard Specifications, x Special Provisions, x Appendices x Contract Plans, x Addenda numbers _____ to _____, inclusive, x 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 1-04.4 of the Standard Specifications which may be modified by the Special Provisions. ARTICLE 7. INDEMNIFICATION. The CONTRACTOR and CITY 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. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, ENGINEER, their consultants, subconsultants, and the officers, directors, employees, and agents of each and any of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY and/or the ENGINEER as further defined in the Contract Documents. The provisions of this section shall survive the termination of the contract. _____________ Contractor Initials City of Bremerton 233-1896-177 Reservoir 4 Fencing and Security Improvements I-37 May 2021 Contract Documents – Bid Set Contract CONTRACT (Page 3 of 4) ARTICLE 8. 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 CITY, 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 a subcontractors and suppliers. ARTICLE 9. THIRD PARTY BENEFICIARY All parties agree that the State of Washington shall be, and is hereby, named as an express third- party beneficiary of the contract, with full rights as such. ARTICLE 10. NON-DISCLOSURE CONTRACTOR will not copy, reproduce, or further disclose the “Special Provisions” and corresponding appendices (collectively “Sensitive Security Documents”) unless authorized by the CITY in writing, the information becomes known to the public without the fault of the CONTRACTOR, the information is disclosed publicly by the CITY, or as required by law to disclose the information. CONTRACTOR agrees that upon final acceptance of the completed project by the CITY, CONTRACTOR will immediately and permanently destroy the Sensitive Security Documents. _____________ Contractor Initials City of Bremerton 233-1896-177 Reservoir 4 Fencing and Security Improvements I-38 May 2021 Contract Documents – Bid Set Contract CONTRACT (Page 4 of 4) CITY 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, CITY and CONTRACTOR have caused this Agreement to be executed the day and year first above written. CITY: City of Bremerton CONTRACTOR: By By [CORPORATE SEAL] Attest Attest Address for giving notices Address for giving notices License No. Approved as to Form: Agent for service of process: (Signature) (Title) City of Bremerton 233-1896-177 Reservoir 4 Fencing and Security Improvements I-39 May 2021 Contract Documents – Bid Set Contract Certificate CONTRACT CERTIFICATE (if Corporation) STATE OF ) ) ss. COUNTY OF ) I HEREBY CERTIFY that a meeting of the Board of Directors of the ___________________ ____________________________________________________________________________ ____________________________________________________________________________ a corporation existing under the laws of the State of ____________________________, held on __________________, 20___, the following resolution was duly passed and adopted: “RESOLVED, that _________________________________________________, as ______________________ President of the Corporation, be and is hereby authorized to execute the Agreement dated _________________, 20___, by and between this Corporation and the City of Bremerton and that his/her execution thereof, attested by the Secretary of this Corporation, and with the Corporate Seal affixed, shall be the official act and 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 _____, day of ___________________, 20___. (Secretary) (SEAL) City of Bremerton 233-1896-177 Reservoir 4 Fencing and Security Improvements I-40 May 2021 Contract Documents – Bid Set Contract Certificate This Page Intentionally Left Blank City of Bremerton 233-1896-177 Reservoir 4 Fencing and Security Improvements I-41 May 2021 Contract Documents – Bid Set Contract Certificate CONTRACT CERTIFICATE (if Limited Liability Company) STATE OF ) ) ss. COUNTY OF ) I HEREBY CERTIFY that a meeting of the Members of the __________________________ ____________________________________________________________________________ ____________________________________________________________________________ a Limited Liability Company existing under the laws of the State of _______________________, held on __________________, 20___, the following resolution was duly passed and adopted: “RESOLVED, that ____________________________ and ___________________, as Members of this Limited Liability Company, be and are hereby authorized to execute the Agreement dated _________________, 20___, to the City of Bremerton by this Limited Liability Company and that their execution thereof shall be the official act and deed of this Limited Liability Company.” I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this ___, day of ____________, 20___. A Limited Liability Company By: Member By: Member (SEAL) City of Bremerton 233-1896-177 Reservoir 4 Fencing and Security Improvements I-42 May 2021 Contract Documents – Bid Set Contract Certificate This Page Intentionally Left Blank City of Bremerton 233-1896-177 Reservoir 4 Fencing and Security Improvements I-43 May 2021 Contract Documents – Bid Set Contract Certificate CONTRACT CERTIFICATE (if Partnership) STATE OF ) ) ss. COUNTY OF ) I HEREBY CERTIFY that a meeting of the Partners of the ___________________________ ____________________________________________________________________________ ____________________________________________________________________________ a partnership existing under the laws of the State of _______________________, held on __________________, 20___, the following resolution was duly passed and adopted: “RESOLVED, that ____________________________ , as ______________________ of the Partnership, be and is hereby authorized to execute the Agreement dated _________________, 20___, by and between this Partnership and the City of Bremerton and that his/her execution thereof attested by the _____________________ shall be the official act and deed of this Partnership.” I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this ___, day of ____________, 20___. Partner (SEAL) City of Bremerton 233-1896-177 Reservoir 4 Fencing and Security Improvements I-44 May 2021 Contract Documents – Bid Set Contract Certificate This Page Intentionally Left Blank City of Bremerton 233-1896-177 Reservoir 4 Fencing and Security Improvements I-45 May 2021 Contract Documents – Bid Set Contract Certificate CONTRACT CERTIFICATE (if Joint Venture) STATE OF ) ) ss. COUNTY OF ) I HEREBY CERTIFY that a meeting of the Principals of the __________________________ ____________________________________________________________________________ ____________________________________________________________________________ a joint venture existing under the laws of the State of _______________________, held on __________________, 20___, the following resolution was duly passed and adopted: “RESOLVED, that ____________________________ , as ______________________ of the Joint Venture, be and is hereby authorized to execute the Agreement dated _________________, 20___, by and between this joint venture and the City of Bremerton and that his/her execution thereof attested by the _____________________ shall be the official act and deed of this Joint Venture.” I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this ___, day of ____________, 20___. Managing Partner (SEAL) END OF AGREEMENT City of Bremerton 233-1896-177 Reservoir 4 Fencing and Security Improvements I-46 May 2021 Contract Documents – Bid Set Contract Certificate This Page Intentionally Left Blank