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Home My WebLink About4728 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4728 A M JAMES CO INC Studio Addition - BKAT BKAT LEG 12-1 OS/27/2008 10/24/2008 02/15/2011 01/01/2011 .' . AFFIDAVIT OF PUBLICATION Account #42742/ Ad# 20086141 STATE OF WASHINGTON COUNTY OF KITSAP I, Robin Alexander, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit: May 2, 2009 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of$38.l5 which amount has not been paid in full. %~4&dL- NOTICE OF COMPLETION \\' ' "ilIII'".. ,,"\ ," ""A "'i!~ " t.. ,~.- tit.. .;/ '>' ......... ~ ~ /' ,,':'~.\'$'O;~:.1~ \. ~ .. ~ Y-s:.::;t. ~ I f IOTA,}' 1:1\ '1 i i .......... i IE ~\~g'llC ~./ ' .,. ~. OS. 'ltf'.....(..1 ~ iAii.~7- "","",,,.- (Signature of Principal Clerk) Subscribed and sworn to before me this day of May 11, 2009. Notice of Completion has been issued to A.M. James Co. Inc., for City Project No. 8403, for the BKAT Studio Addition. Any parties having a claim for material, labor or damages related to this Contract have forty five (45) days from the date of first publication of this notice to file a claim. Carol Etgen City Clerk 345 6th Street Bremerton, Washington 98337 May 2, 2009...............................AD #20086141 CONTRACT BREMERTON KITSAP ACCESS TELEVISION STUDIO ADDITION (Page 1 of4) This agreement, made and entered into in triplicate, this~.pI..() day of May, 20008, by and between the City of Bremerton, hereinafter called the City, and AM. James Co.. Inc., 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 and furnish all labor, tools, materials and equipment for the Bremerton Kitsap Access Television - STUDIO ADDITION. All work to be in accordance with and as described in the attached plans, General Provisions, Special Provisions and the 2006 Standard Specifications for Road, Bridge and Municipal Construct~on (English), 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 Contractor shall begin the work: within ten (10) calendar days after the date that written NOTICE to PROCEED is issued .to the Contractor by the City. The Contractor shall complete the work no later than one hundred and fifty (150) calendar days after the date that NOTICE TO PROCEED is issued. If said work is not completed within the time specified, the Contractor agrees to pay to the City an amount in accordance with Section 00100, Part 1-2.06(E) of these Contract Documents for each calendar day said work remains incomplete after expiration of the specified times as liquidated damages. The Contractor shall provide and bear the expense of all labor, materials, equipment, and tools of any sort whatsoever that may be required for the transfer of materials and for construction and completing the work provided for in this Contract and every part thereof: except such as are mentioned in the specifications to be furnished byBKAT. . CONTRACT (Page 2 of 4) 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. ill. 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 part 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. v. INSURANCE AND INDEMNIFICATION The Contractor shall procure and maintain, during the term and conditions of this Contract the required insurance and indemnification as adopted by reference in the General Conditions. VI. GENERAL CONDmONS A. Reports and Information: When requested by the City or BKA T the Contractor shall furnish periodic reports and documents on matters covered by this Contract. The reports and documents shall be furnished in the time and form requested. Contractor shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Entire Contract: This Contract constitute the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Contract. The section headings and article titles of this Contract shall have no effect upon the construction or interpretation of any part hereof C. Severability: Should any part of this Contract be found void, the balance of the Agreement shall remain in full force and effect. D. ModifIcation: This Contract may only be modified by written instrument signed by both Parties. E. Waiver: Failure to enforce any provision of this Contract shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. VIT. IX. A. B. C. D. E. F. G. H. I. CONTRACT (Page 3 of 4) F. Compliance with Laws: Contractor shall comply with all applicable Federal, State, and local laws in performing its obligations under this Contract. G. Choice of Law and Venue: This Contract shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Contract shall be brought in Kitsap County Superior Court. WARRANTY The Contractor shall warrant the work for a period of one (1) year as referenced in the General Conditions. If the Contractor does not accomplish the corrections within a reasonable time, BKAT may complete the corrections and the Contractor shall pay all costs by BKAT in order to accomplish the correction. TERMINATION The City may terminate this Contract without notice for good cause. "Good Cause" shall include, without limitation, anyone or more of the following events: The Contractor's failure to supply sufficient skilled workers or suitable materials or equipment. The Contractor's failure to prosecute the work with such diligence as will ensure its physical completion within the original physical completion time specified in this Agreement and any extensions of time which may have been granted to the Contractor by change order or otherwise. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. The Contractor's disregard of federal, state or local laws, rules or regulations. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. The Contractor disregards the authority ofBKAT. The Contractor performs work which deviates from the Contract, and neglects or refuses to correct rejected work. The Contractor's failure to provide continuous competent supervision. The Contractor otherwise violates in any material way any provisions or requirements of the contract. CONTRACT (Page 4 of 4) If the City terminates this Contract for good cause, the Contractor shall not receive any monies due under this Contract, if any, until the Contract work is completed. In witness whereof the parties hereto have caused this agreement to be executed the day and year first herein above written. CONTRACTOR ;J .~ . J p..",,~ ~ /t-/ c... By: a~~ / ~ d~ Title: Date: ~~/p8 f f ATTEST: rfbC,(a,; )~~, '1- lty Clerk APPROVED As f _ t==:: ""----. #:~/ --1/ City A.tto~