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Home My WebLink About6536 Reservoir 8 - Interior Coating Replacement_ContractRESERVOIR 8 – INTERIOR COATING REPLACEMENT AGREEMENT APRIL 2023 00500-1 SECTION 00500 AGREEMENT in the THIS AGREEMENT is dated the day of year 2023 by and between City of Bremerton (hereinafter called OWNER) and (hereinafter called CONTRACTOR). 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 8 – INTERIOR COATING REPLACEMENT. ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Substantial Completion within 105-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. Contractor Initials Southern Road and Bridge, LLC DocuSign Envelope ID: C464ADCE-E6AC-4767-969D-23B0E919983E 4th May RESERVOIR 8 – INTERIOR COATING REPLACEMENT AGREEMENT APRIL 2023 00500-2 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). •Technical Specifications as listed in the Table of Contents, including appendices. •Drawings as listed in the List of Drawings •Addenda numbers to , inclusive. •Change Orders which may be delivered or issued after Effective Date of the Agreementand 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. Contractor Initial 1 1 DocuSign Envelope ID: C464ADCE-E6AC-4767-969D-23B0E919983E RESERVOIR 8 – INTERIOR COATING REPLACEMENT AGREEMENT APRIL 2023 00500-3 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 (Signature) (Signature) By By (Printed name) (Printed name) [CORPORATE SEAL] Attest Attest Address for giving notices: Address for giving notices: City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337 License No. Approved as to Form: (Signature) Agent for service of process: City Attorney (Title) Southern Road & Bridge, LLC Greg Wheeler Lucas L. Pappas DocuSign Envelope ID: C464ADCE-E6AC-4767-969D-23B0E919983E SOUTHRB860RT Corporation Service Company 300 Deschutes Way SW STE 208 MC-CSC1, Tumwater, WA 98501 RESERVOIR 8 – INTERIOR COATING REPLACEMENT AGREEMENT APRIL 2023 00500-7 AGREEMENT 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 , 2023, the following resolution was duly passed and adopted: "RESOLVED, that , and as members of the Limited Liability Company, be and are hereby authorized to execute the CONTRACT dated , 2023, 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 , 2023. A Limited Liability Company By: Member By: Member (SEAL) DocuSign Envelope ID: C464ADCE-E6AC-4767-969D-23B0E919983E May 4th, 2023 Florida Southern Road & Bridge,LLC Lucas Pappas Southern Road & Bridge, LLC 4th Florida May Pinellas