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Home My WebLink About4838 Contract Number: 4838 Vendor: NORTHERN CON-AGG LLP Subject: 28 Inch Outfall Cleaning - SR 304 Department: Engineerinq File Class: LEG 12-1 Begin Date: 07/14/2009 End Date: 08/21/2009 Review Date: 02/15/2011 Vault Date: 01/Ol/2011 Comments : J - 1 - �#CCEPTANCE O� CO1VlP�NSA�'ION & RELEASE �F AtiL CLAIMS 28�1_nch Outfall`Cleaning � Project No. 1`145 — City Contract_No. 4838 N.ortl�ern Con-Agg, LLP, liereby indicates agreement with, and acceptance of, the final Progress Payment and total Goiitract Price of $36,2•24.40, -including Washington State sales and%or�use taxes,,.and the final Contract Completion Time of August 21, 2009, as: :. full and final cotnpensation for all Work performed in co�uiection �vith Contract Number No. 4838, and does hereby release the City of Bremerton .from- all claims, liability, derriands, darriages and actions of any k�'ind whatsoever, arising from performance of tl�at Contract. -Northern Con-Agg, LLP By. �,�'` . . Date`. oZ l� f �,,,_ . - Title: �dz.�:7"�.-se�= 1�1�iet,�AC-:r�,�`2_ _ Certificate of 1Votary Subscribed.and sworn ta before me�tliis ,�� day of ,�1� ..�,�,: �_,— � {� _' _ � No�ta�► R�tic �1 ` - , /, �� ./ State ot washi. " �' � `'� `ls�� TERRI L DAWS MY "qppop�trt�t Expt�es ;lun. �6: 2010. r �� =t . AFFIDAVIT OF PiJBLICATION Account # 42742 AD# 252493 STATE OF WASHINGTON COUNTY OF KITSAP 1, Laura Wessels being frst duly sworn on oath, deposes and says: That she is now, and at all tiines embraced in the publication herein mentioned was the principal clerk of the pi•inters.and publishers_of KITSAP SUN; that said newspaper has been approved as a legal,newspaper by order of tfie Superior Court of fhe County of Kitsa�, iii which County it is published and is noiv and has been for mor�-tfian six monlhs prior to ttie' d`ate of the publication hereinafter refen•ed to in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washingtoii, 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 newspape►•; tliat the is a true� texi of, an advertisement as it was � published in re�ular issues (and not ii� suppJement forn�)'of said ne��spaper on the following date, to wit: A September 8, 2009and that suc}i newspaper was regularly dist►7buted to its subscribers during ail of said period. Tliat the fuU amount of the fee charged.for the foregoing publication is•ti�e sum.of 5+41.56. This aniount has not been paid 'in full. _ 1; ��ti11btlii4l6et r � (Signature.ofPrincipal Clerk) ` �.�`��.�P,�`�..��"rH�9�° 4 sp a ; . ��,�iOA��,'Q�'''� Subscribed ai�d sworn to before rne this day or'September 14, �2009. _ :' �°� �� +�;` S 1 ' I • �V � g � �/l �'�'iCC� �I � �'.� �•4�►.�_ , � '� Nota .ry I'ublic in and:for the State�of Washington, Kitsap County. , j ';,��'lr� _05:`�:�g��"°� '�' ri �A��ro� ° NOTICE �OF COMPLETION Notice of Completion has been issued.lo Northern Con-Agg, LPP for City Project No. 1145, City Contract No. 483R and 4847 for.ihe.2$.Incli Outfall Cleaning and 3.6 Inch Outfall Extension and.Cleaniiig: Any parties having a claim.for matecial, labor or damages related to this Contract have forty-fi've (45) days froln tlle date of first publication of this notice.to file a claim. Carol.Etgen ' City Clerk 345 6th Street Bremerton, Washin�ton 98337 September S, 2009 ....................AD #2009I683• Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4838 NORTHERN CON-AGG LLP Outfall Cleaning - SR 304 Engineering LEG 12-1 07/14/2009 08/22/2009 09/01/2009 AFFIDAVIT OF PUBLICATION Account # 42742 AD# 252493 STATE OF WASHINGTON COUNTY OF KITSAP 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 KIT SAP 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 an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit: A September 8, 2009and 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 blication is the sum of $41.56. This amount has not been paid in full. \ Notary Public in and for the State of Washington, Kitsap County. \\\\11111/111/1111 """, S7..^ TH~}""~ ", .... t- .......... ''''fA~ ~ ~~..... ~"ON ~. "~...;':4 ~ ~.' V1::'~"i- f! .OTA.,., \ "'" -' -- I -' - 1 ~ fIJ.\ ""'tlC i ~ ... ~ ....1 ~.,.~ ..... . 05 1f:,,'-;"t:)-.,- ""I. /' D;;.....t...\...~ ~~ 'II"" r rA'~'~\: ~"''''''","'''~ (Signature of Principal Clerk) Subscribed and sworn to before me this day of September 14, 2009. NOTICE OF COMPLETION Notice of Completion has been issued to Northern Con-Agg, LPP for City Project No. 1145, City Contract No. 4838 and 4847, for the 28 Inch Outfall Cleaning and 36 Inch Outfall Extension and Cleaning. 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 September 8, 2009....................AD #20091683 CONTRACT .\ -\-\... THIS AGREEMENT is dated the \ ~ -- day of T \.10-\..'1 by and between City of Bremerton (hereinafter called CITY) and No ~-r\o-\ E./Z:".l CO,l- A (;"G.. L L'1> I (hereinafter called CONTRACTOR). in the year 20~ 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 28 Inch Outfall Cleaning. ARTICLE 2. CONTRACT TIMES. The WORK shall be completed from within the following work windows: July 17 to July 25,2009 and August 15 to August 21,2009. Time is of the essence to maximize working time between tide cycles. 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. 4'!11.. "1-'1*.*_ ::s:,.u:.......,Jt;. ~...'T. I ~,l"l> WP\. ~\.."-<;.......... 0 r1 ~...T. \ ARTICLE 5. PAYMENT PROCEDURES. o.i v.\. ~ 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 ~ Contractor Initials CONTRACT -1 City of Bremerton 28 Inch Outfall Cleaning 7/14/200910:41 AM 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, '\""" L '1 '\>l2.-.I \ S I co ,.i o Standard Specifications, E'I."...... bl,4t':c \ - 0'1. \8 ('$) ~, r ~.........-r~c>,.1 ~-",,&~ \,..\ T . c$- o;! (....'\ f' '"'n '-'~~"'~T"1 '"'?~'I\S\o,.1. o Special Provisions, E~c.,"..."l>\,4lc \_o"l.\o ~JI$) r..\........,-'o,l ~ o Contract Plans, to \ , inclusive. o Addenda numbers 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 contract. ~ Contractor Initials ARTICLE 8. ASSIGNMENT CONTRACT -2 City of Bremertan 28 Inch Outfall Cleaning 7/14/200910:41 AM 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 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 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. No S€.r.>wl..- CITY: Citv of Bremerton ceci!:l:;/'6I1ne II By~ t ~~~ Attest ~frf( ~U./ CONTRACTOR N.. lZ. 'T"I.+E.<<'.. Attest ,.[j Sac.RE......""~"1 Address for giving notices (-1JfS J(j;4:;1-~)M ~ ~tJO ~6.l4 7!d..J7 Address for giving notices '3-z..~\ 'i=E.Il-.o<&Jlo..l(. \....~,.4e tJ...1Ie"<'\o\ '""?L.,"\~_""H- ~,...,.4ES_~~ S$~""1 j License No. ~o ~"n~ C L. c:\ \"'!o e \ FO/! Agent for service of process: CONTRACT -3 City of Bremer/on 28 Inch Outfall Cleaning 6/18/20093:48 PM