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HomeMy WebLinkAboutContract I ICONTRACT (Page 1 of 3) I ITHIS AGREEMENT is dated the day of in the year 2021 by and between City of Bremerton(hereinafter called CITY) and I ACTIVE CONSTRUCTION,INC. (hereinafter called CONTRACTOR). I CITY and CONTRACTOR,in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. ICONTRACTOR shall complete the WORK as specified or indicated in the CITY's Contract Documents entitled Oyster Bay Beach Sewer Upgrades. I ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Substantial Completion for specific project milestones in accordance with the dates set forth in the following schedule Time is of the essence as to each and every deadline set forth ' in this agreement. This provision has been specifically negotiated. r Milestone Substantial or Contractual Liquidated Damages Completion Date Completion of final paving September 3, 2021 $1,500 along KitsapWaX___ Phase 1 Substantial December 15,2021 $1,500 I Completion Phase 2 Substantial September 30,2022 $1,500 I Completion IARTICLE 3. LIQUIDATED DAMAGES. CITY and the CONTRACTOR recognize that time is of the essence for this Agreement and that the CITY I 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 I 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 as shown in the table in Article 2. Liquidated damages will begin to accrue on the calendar day immediately following the Substantial or Contractual Completion Date. I ARTICLE 4. CONTRACT PRICE. CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract I 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. IContractor Initials City of Bremerton March 2021 Oyster Bay Beach Sewer Upgrades CF-I I r " . rCONTRACT (Page 2 of 3) ' 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 ' 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 which are either attached or incorporated herein by reference: ' - Notice Inviting Bids, - Bidders Checklist, 1 - Bid Proposal including the Proposal Forms,Information Required of Bidder,Bid Bond,and all required certificates and affidavits, - Performance Bond, ' - Payment Bond, - Standard Specifications, ' - Appendices, - Special Provisions, - CSI Technical Specifications, ' - Contract Plans, - Addenda numbers 1 to 2 ,inclusive. - Change Orders which maybe 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 maybe 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 1 and Regulations,the CONTRACTOR shall indemnify,defend,and hold harmless the CITY,ENGINEER, their consultants,sub consultants,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. w� Contractor Initial City of Bremerton March 2021 Oyster Hay Beach Sewer Upgrades CF 2 ' CONTRACT (Page 3 of 3) 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. 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. Thud-Party Beneficiary: All parties agree that the State of Washington shall be,and is hereby,named ' as an express third-party beneficiary of this contract,with full rights as such. 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 Active Construction,Inc. (Signatu s� (Signature) ' By Greg Wheeler,Mayor By David Ceccanti, President (Printed name) (Printed name) [CORPORATE SEAL] Attest l /` w Attest Amanda G. ampson,Witness Address for giving notices Address for giving notices $y 5 LP 4'h 5-i- )0 U P.O. Box 430 Puyallup,WA 98371 ' ?1 ((,f`r e 0,(\ , \J/ C)S337 License No. AC-TI-VCI-164-JL App w _-- if Agent for service of process: (Signature) ' City Attorney (Title) Cite of Bremerton Morch 2021 Oyster Bay Beach Sewer Upgrades CF-3