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Contract Number: 4116
Vendor:
MASCO PETROLEUM
(formerly WILKINS DISTRIBUTING)
Subject:
Fuel & Fuel Dispensing Services
Department:
Equip Svcs
File Class:
LEG 12-1
Begin Date:
09/01/2000
End Date:
11/30/2007
Review Date:
02/15/2009
Vault Date:
01/01/2009
Comments:
Bid Specs allow 3 (1) yr extensions (thru 2006)
Change to Masco 2/02
New Agreement 12/07
PURCHASE AGREEMENT
THIS AGREEMENT, made and entered into in triplicate, this 21 st day of August,
2000 by and between the City of Bremerton, hereinafter called "City," and Wilkins
Distributing Division of Gull Industries., hereinafter called "Contractor."
WlTNESSETH:
That in consideration of the terms and conditions contained herein and attached
and made part of this agreement, the parties hereby covenant and agree as follows:
1. SCOPE: Contractor shall perform all work and furnish all labor, tools,
material and equipment to provide:
FUEL & FUEL DISPENSING SERVICES
All work shall be in accordance with the Technical Specifications for Gasoline and
Diesel Fuels & Dispensing Facility Services attached hereto.
Contractor shall provide and bear the expense of all equipment, tools, materials
and labor of any sort whatsoever that may be required for providing the equipment
provided for in this contract and every part thereof, except such as are mentioned
in the specifications furnished by the City.
2. TERM: Services shall start September 1, 2000 and shall end August 31,
2003.
3. COMPENSATION: City agrees to pay Contractor according to the terms of
the Contractor's proposal and at a time and in a manner provided for in the contract.
Further that the margin added to gallonage shall, for the term of this agreement be:
Diesel Fuels $0.0687 Per Gallon
Regular Unleaded $0.0674 Per Gallon
4. LICENSES AND TAXES: Contractor shall possess a current Bremerton
Business License and any regulatory license required to fulfill Contractor's
obligations under this contract. B & O taxes shall be paid when due, and Contractor
by this agreement assigns any payments due under this contract to the City Clerk
for payment of such taxes which have been declared delinquent.
5. AUTHORIZED REPRESENTATIVE: The City's Authorized Representative
shall act as advisor and consultant to the City in all matters relating to the contract,
and responsibilities shall include approving the amount, quality and acceptability
of the services which are to be paid for under the contract and approve all pay
estimates prior to payment by the City.
The decision of the authorized representative in the matters described above shall
be final.
The authorized representative for this project is Bill Eley.
6. INSURANCE: Prior to commencing services under this agreement,
Contractor will provide the City Risk Manager with a certificate of insurance
evidencing comprehensive general liability insurance for all contractor operations
in the minimum amount of $500,000 per occurrence for bodily injury and property
damage. This certificate of insurance must be issued by an insurer acceptable to
the City, must name the City of Bremerton as an additional insured and must
provide for 30 days of advanced notice of cancellation. Contractor shall keep the
required insurance coverage current throughout the life of the contract and shall
mail to the City subsequent certificates of insurance as necessary to evidence the
existence of on-going insurance coverage. All certificates should be mailed to:
Risk Manager
City of Bremerton
239 4~ Street
Bremerton WA 98337
7. NOTICES: Any notices required to be given shall be in writing and delivered
to the following parties at the following addresses:
City Clerk Wilkins Dist., Div. of Gull Industries
239 Fourth Street PO Box 24687
Bremerton WA 98337 Seattle WA 98124
8. INDEMNITY: Contractor agrees to defend, indemnify and save harmless the
City, its appointed and elected officers and employees, from and against any and
all liability, loss, costs, damage and expense, including costs and attorney fees in
defense thereof because of actions, claims or lawsuits for damages resulting from
personal or bodily injury, including death at any time resulting therefrom, sustained
or alleged to have been sustained by any person or persons and on account of
damage to property, arising or alleged to have arisen directly or indirectly out of or
in consequence of the performance of this agreement, whether such injuries to
persons or damage to property is due to the negligence of Contractor, its
subcontractors, agents, successors or assigns. This provision shall be inapplicable
to the extent that the City is judicially found solely negligent for such damage or
injury.
9. TERMINATION: This agreement may be terminated by either party for
convenience upon thirty (30) days written notice to the other party, or for cause if
either party fails substantially to perform through no fault of the other and does not
commence correction within five (5) days of written notice and diligently completes
the correction thereafter. Upon such termination, City will be entitled to reports
showing the status of all matters upon which Contractor is providing services to the
City as of the effective date of termination.
10. DOCUMENTS INCORPORATED BY REFERENCE: The following
documents are incorporated by reference, to include, but not limited to:
Terms and Conditions
Technical Specifications
Proposal
11. APPLICABLE LAW VENUE: This contract shall be construed and
interpreted in accordance with the laws of the State of Washington and, in the event
of dispute, the venue of any action brought hereunder shall be in Kitsap County
Superior Court.
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12. ATTORNEY'S FEES AND COSTS: In the event of any action or proceeding
brought by either party against the other under this contract, the prevailing party
shall be entitled to recover for the fees and costs of its attorneys and such action
or proceeding, including an appeal thereof, if any, in such amount as the court may
find reasonable. In addition, should it be necessary for either party to employ legal
counsel to enforce any of the provisions herein, the defaulting party shall pay all
attorney's fees and costs reasonably incurred.
13. ASSIGNMENT: The rights and obligations established by this Agreement,
except the receipt of payment, may not be assigned without the written consent of
the City.
14. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement
between the parties and both parties acknowledge that there are no other
agreements, written or oral, that have not been fully set forth in the text of this
Agreement.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF BREMERTON CONTRACTOR:
KATHLEEN McCLUSKEY, City Clerk
/,~P~/P~/~AS TO FORM:
'~LF~N~IA MALANCA, City Attorney
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