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ABBEY CARPET OF BREMERTON (MALLORY ENTERPRISES)
FLOOR REPLACEMENT - SENIOR CENTER
PARKS
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Insurance
Type Amount
Amount
Begin Date
End Date
Review Date
08/18/2003 .-
09/04/2003
02/15/2005 T
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$0.00
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Insurance Total
Insurance Review Date
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Comments
VAULT 01/01/2005
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INSERT Contract Maintenance
Contract Number 4380
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ABBEY CARPET OF BREMERTON (MALLORY ENTERPRISES)
FLOOR REPLACEMENT - SENIOR CENTER
PARKS
CON
Insurance
Type Amount
Amount
Begin Date
End Date
Review Date
08/18/2003 -+
09/04/2003 ,.
02/15/2005 ,.
:1:
Insurance Total
Insurance Review Date
$0.00 ..
VAULT 01/01/2005
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CONTRACT
FLOOR REPLACEMENT
This agreement, made and entered into in triplicate, this O-O-day of ~/o~X.o, 20 O 3' ,
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by and between the City of Bremerton, hereinafter called the City and
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hereinafter called the Contractor:
Witnesseth:
That in consideration of the terms and conditions contained herein and attached and made a part of
this agreement, the parties hereto covenant and agree as follows:
I. The Contractor shall perform all work described or otherwise implied in connection with
the floor replacement in the City of Bremerton Senior Center including but not limited to,
development of installation drawings and furnish all installation labor, tools, material and
equipment for the complete and finished floor replacement including wall base materials.
All work to be in accordance with and as described in the Instructions to Bidders, General
Provisions, and Special Provisions, which are by this reference incorporated herein and
made a part hereof, and shall perform any alterations in or additions to the work provided
under this contract and every part thereof.
Work shall start within ten (10) calendar days after the date of notice to proceed is issued to
the contractor and shall be completed in eighteen (18) calendar days.
If said work is not completed within the time specified, the contractor agrees to pay to the
City in accordance with Section I, Part 1-2.06(B) of these Specifications for each calendar
day said work remains incomplete after expiration of the specified time as liquidated
damages.
The Contractor shall provide and bear the expense for all equipment, tools, material and
labor of any sort whatsoever that may be required for the procurement of floor materials and
for installation and completion of work specified in this contract and every part thereof,
except such as are mentioned in the specifications to be furnished by the City.
II. The City hereby promises and agrees with the Contractor to employ and does employ the
Contractor to provide the materials and to do and cause to be done the above described
work to complete and finish the same according to the attached plans and specifications and
the terms and conditions herein contained and hereby contracts to pay for the same
according to the attached specifications and the approved bid as attached hereto
incorporated by reference, at the time and in the manner and upon the conditions provided
for in this contract.
FLOOR REPLA CEMENT-5933 2-15
City of Bremerton Senior Center
CONTRACT
FLOOR REPLACEMENT
III. The Contractor for himself, and for his heirs, executors, administrators, successors, and
assigns, does hereby agree to fulfill the performance of all covenants herein contained upon
the pan of the Contractor.
IV. It is further provided that no liability shall attach to the City of Bremerton by reason of
entering into this contract, except as expressly provided herein.
In witness whereof the parties hereto have caused this agreement to be executed the day and
year first hereinabove written.
V. INDEMNIFICATION
Contractor shall defend, indemni~ and hold the City, its officers, officials, employees, agents,
volunteers and assigns harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorney fees, arising out of or in connection with the
performance of this contract, except for injuries and damages caused by the sole negligence
of the City.
The City's inspection or acceptance of any of Contractor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this contract is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Contractor
and the City, its officers, officials, employees, agents and vohmteers, the Contractor's liability
hereunder shall be only to the extent of the Contractor's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOl,ELY
FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this contract.
VI. INSURANCE
The Contractor shall procure amd maintain, during the term of construction and throughout the
specified term of maintenance, insurance of the types and in the amounts described
below against claims for injuries to persons or damage to property which may arise from or
in connection with the performance of the work hereunder by the Contractor, its agents,
FLOOR REPLACEMENT~5933 2-16
City of Bremerton Senior Center
representatives, employees, sub-consultants and/or subcontractors.
CONTRACT
FLOOR REPLACEMENT
Before beginning work on the project described in this contract, the Contractor shall provide a
Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit
per accident for bodily injury and property damage; and
2. Commercial General Liability insurance written on an occurrence basis with limits no less
than $1,000,000 combined single limit per occurrence and general aggregate for personal
injury, bodily injury and property damage. Coverage shall include but not be limited to:
blanket contractual; products/completed operations/broad form property damage; explosion,
collapse and underground OtCU); and employer's liability.
3. Excess Liability insurance with limits not less than $1,000,000 per occurrence and
aggregate.
The insurance must refer to the project name, project location and contain a brief description of
the project.
Any payment of deductible or self insured retention shall be the sole responsibility of the
Contractor.
The City, its officers, officials, employees, agents and volunteers shall be named as an
additional insured on the insurance policy, as respects work performed by or on behalf of the
Contractor and a copy of the endorsement naming the City as additional insured shall be
attached to the Certificate of Insurance.
The Contractor's insurance shall contain a clause stating that coverage shall apply separately to
each insured against whom claim is made or suit is brought, except with respects to the limits of
the insurer's liability.
The Contractor's insurance shall be primary insurance as respects the City, and the City shall be
given thirty (30) calendar days prior written notice by certified mail, return receipt requested, of
any cancellation, suspension or material change in coverage.
The City also reserves its unqualified right to require, at any time and for any reason, proot'of
coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of
coverage.
Proof of coverage shall be provided to the City in the form of a Certificate of Insurance and
shall include additional insured endorsements as evidence of coverage. The City also reserves
its unqualified right to require, at any time and for any reason, proof of coverage in the tbnn of
a duplicate of the insurance policy with all endorsements as evidence of coverage. Approval of
required insurance is a condition precedent to the execution of this contract.
FLOOR REPLACEMENT-5933 2-17
City of Bremerton Senior Center
CONTRACT
FLOOR REPLACEMENT
M~yor
Date ~ --
Appro~ City Attorney
FLOOR REPLACEMENT-5933 2-18
City of Bremerton Senior Center