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Home My WebLink About4826 Contract Number: 4826 Vendor: SOUND EXCAVAT-ION INC Subject: Water Main - Airport Extension Phase II Department: Engineering File Class: LEG 12-1 Begin Date: 05/28/2009 End Date: 08/15/2009 Review Date: 02/15/2011 Vault Date: O1/Ol/2011 � Comments : ;� I i � � I I ; , . i . � i � � '~ AFFIDAVIT OF PUBLICATION Account # 42742 AD# 250453 STATE OF WASHINGTON COUNTY OF KITSAP Notary Public in and for the State of Washington, Kitsap County; I, Laura Wessels, 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 date, to wit: July 23,2009 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 ~Ublicati is the sum of $41.56. This amount has not be," paid in full. . ~ (j J . Ct-uJlQ /{~ - ~\\\"UI""""" (S. fP.. I CI k) ~~\~ S1.Ar,.,~!""", Ignature 0 nnclpa er ~ '" '" ......... <tf',A ~. ~ . ..' e'OI/'.' 7A. ~ $ .,~\,.. I''';'':~'\ ~ .',- ...... ~ I Iv ,OTA't ~\ \ ~ i ...... J I ~~\ 't.ut l 1 ..~ ; .... ~ 05 -,~...,~.1 ~//" O.;:.....~~~~f$"..., /1111,/ itA Sy.'""",,\': "'11111111\ 1\\\\ Subscribed and sworn to before me this day of July 30, 2009. NOTICE OF COMPLETION Notice of Completion has been issued to Sound Excavation, Inc. for City Project No. 447, City Contract No. 4826, for the 2008 Watermain Improvements - Airport Extension Phase II. 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 July 23, 2009..............................AD #20089435 CONTRACT THIS AGREEMENT is dated the 28th day of May in the year20~ by and between City of Bremerton (hereinafter called CITY) and Sound Excavation, Inc. (hereinafter called CONTRACTOR). CITY 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 CITY's Contract Documents entitled 2008 Watermain Improvements - Airport Extension. ARTICLE 2. CONTRACT TIMES. The WORK shall be completed within 60 calendar days from the commencement date stated in the Notice to Proceed. Time is of the essence as to each pnd every deadline set forth in this agreement. This provision has been specifically negotiated. ARTICLE 3. LIQUIDATED DAMAGES. CITY and the CONTRACTOR recognize that time is of the essence of this Agreement and that the CITY 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 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 for each day that expires after the time specified in Article 2 herein and Special Provision 1-08.5 for Substantial Completion and Final Completion of the WORK in accordance with Section 1-08.9 of the Standard Specifications as may be modified by the Special Provisions. ARTICLE 4. CONTRACT PRICE. CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract 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. 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 (-i~\' of lln.:meuoJJ NJC' Ellgineering, file. CO.\" !/{.!( I -I ]()U8 tf'(ffnHllli/t }mp,o\'('JllenI5.' - Airporl EYf(,!1~i()i1 5']V!O{)Q ~'IS .1.11 ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the WORK consist of this Contract (pages Contract-1 to Contract-7, inclusive) and the following attachments to this Contract: o Notice Inviting Bids, o Bidders Checklist, o Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits, o Performance Bond, o Payment Bond, o Standard Specifications, o Special Provisions, o Contract Plans, o Addenda numbers to , inclusive. o Change Orders which may be 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 may be 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 and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, ENGINEER, their consultants, subconsultants, 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 c tract. ('iIY ofl1ret11t'1 'on Nfll fl1gill('('rillg. /1/(. ('(),\' IN.leT-J lfJfJS H'tlrel'lnam Il/1pro\'t>menI\" - Airport r:rlclIsiull .),'2 J..'J()OY I): /8..1.\1 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 writtE::n consent of the party sought to be bound; and specifically but without limitation monies that maybecome 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. IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed the day and year first above written. CITY~~~ By (J Attest 4d~lfr0i7 By Inc. Attest Address for giving notices C1~rf' ~~~A-).4.b ~-/~J~OO ~kL4 9ra37 Address for giving notices 3020 W Sherman Heights Rd. Bremerton WA 98312 License No. SOUNDEIl30K2 A Agent for service of process: eilr t~(fJ"elll(,J'1()J1 RII2 Enginccnng, luc cos7'll.-Icr -3 !008 wore/'ll/filii !lI1pron'))Jl'IJf.\ - .-J;rport !:"rJeJ/5;on 5/!1/200V I)-IS .1.11