HomeMy WebLinkAbout1 - Original Submission_ 20220317_869PB Contract PagesCity of Bremerton 233-1896-153
Price Road and Brentwood Drive Culvert Replacements I-43 February 2022
Contract Documents 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 Price Road and Brentwood Drive Culvert Replacements.
ARTICLE 2. CONTRACT TIMES.
The WORK shall obtain Physical Completion within 150 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 1-08.8 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 of $1,650 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
Active Construction, Inc.
DocuSign Envelope ID: C7F36FD1-3998-4186-A906-CE8957ACA9CB
April22nd 22
City of Bremerton 233-1896-153
Price Road and Brentwood Drive Culvert Replacements I-44 February 2022
Contract Documents 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:
•Notice Inviting Bids,
•Bidders Checklist,
•Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid
Bond, and all required certificates and affidavits,
•Performance Bond,
•Payment Bond,
•Standard Specifications,
•Amendments to the Standard Specifications,
•Special Provisions,
•Appendices
•Contract Plans,
•Addenda numbers _____ to _____, 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 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
1 1
DocuSign Envelope ID: C7F36FD1-3998-4186-A906-CE8957ACA9CB
City of Bremerton 233-1896-153
Price Road and Brentwood Drive Culvert Replacements I-45 February 2022
Contract Documents 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. EQUAL EMPLOYMENT OPPORTUNITY STATEMENT
In the hiring of employees for the performance of work under this Contract, the Contractor, its
subcontractors, or any person acting on behalf of the Contractor shall not discriminate in any
employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual
orientation/gender identity, marital status, military status, or the presence of any physical, mental,
or sensory disability.
ARTICLE 11 ADA STATEMENT
The City of Bremerton does not discriminate on the basis of disability in programs and activities,
which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and
ADA Amendments Act. This policy extends to both employment and admission to participation in
the programs, services, and activities of the City of Bremerton. Reasonable accommodation for
employees or applicants for employment will be provided.
_____________
Contractor Initials
DocuSign Envelope ID: C7F36FD1-3998-4186-A906-CE8957ACA9CB
City of Bremerton 233-1896-153
Price Road and Brentwood Drive Culvert Replacements I-46 February 2022
Contract Documents 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)
Active Construction, Inc.
5110 River Road E., Tacoma, WA 98443
DocuSign Envelope ID: C7F36FD1-3998-4186-A906-CE8957ACA9CB
Asst. City AttorneyMychael Raya
ACTIVCI164JL
Presdient
Terry Marston
Greg Wheeler Mayor
345 6th Street, STE 100 Bremerton, WA 98337