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Home My WebLink About4847 Contract Number: 4847 Vendor: NORTHERN CON-AGG LLP Subject: 36 Inch Outfall Extension & Cleaning Department: Engineering Fi1e Class: LEG 12-1 Begin Date: 08/05/2009 End Date: 08/21/2009 Review Date: 02/15/2011 Vault Date: Ol/O1/2011 Comments : ACCEPTANCE OF COMPENSATI(3N & RELEASE O�' ALL CLAIMS 36 inch Outfall Extension and Cleaning� Project No. ll45 - City-Contract�No. 4847 Northern Con-Agg; LLP, hereby indicates agreement with,, arid acceptance ot; the final Progress Pa}nnent and total Gontract Price of $22,425.00, incl�iding Washington State � sales and/or �use taxes, and the final Gontract Completion� Time .o��-August 21, 2009, as fiill.and �nal compensation for all Work performed iri connection with Gontract Number No. 4847, and does hereby release th'e City of Bremerton from all claims,, liability, demailds, dai�lages and actions of any kind whatsoeyer, arising from perfonnance of tl�at Contract. Northern. C n-Agg, LLP ..� r:i ' ' ' gy: -" ; _ .-r' Date' ,�� _� .d T`itle: �e��,� �� - � �J C�v`� Certisclte of Notarv Subscribecl and swoni to before nle this � da uf ,�_ �, :,�:.. . _ . ti ~ u�tary PubNc. ° � �� / Stats �of Wastiirpton � [ ,� f - 16RR1. l OAY3 PA3t 1� E� �n��b. 3010 � , h., ��'.__ _ .�F��vi7 or- FuBLtc.aTlorr Accous�t � 4?74? AD#'S?493 STATE OF «'ASHINGT(.1\ COUNTI' OF IiITSAP 1, Laura ��I�cssels, being first duty st��orn on oath. depose� and 5av;: That she �s i3o��•, and at all times embraced in thz publication herein mentioned ��as the prii�c�pal clerk of ihe printers and pu3�Iishers o# Ii1TSAP SUN; that said ne�a-spaper tias t;een ap�ro��ed as a le�al ne�vspaper b urdcr of khe Supe1 Court of the County of Kitsap �n �vl�icl� Cou�ity it is pubIished and is nc�w and has been for nlore tlian six inonths prioF to tlie date of the publication hereinafter refe�red to, published in the English language continuatly as a daily newspaper in Bren�erton Krtsap C'otmtti�, �'�`a�hrngton. a tiveekly 1�eti��spaper in Kits�p County, Wasliinaton and is no�e- and din•ing �li ot said time, �vas pruited in an ofTice n�aintained in iiic aforesaid place of publicatiori of saici ne�vspaper that the follo��i�i� is a b•uz te�cE of an adverti�ement as it �a�as published in re�ular �ssues (and not in ;uppJement fonn) of said ne�arspaper on the follo�vine date, to wit: fi Septembei 8, 2009and ti�at sucl� ne«•spaper was re�ularly distt7buted to its suhscribers during al! of said periad. That the f'ull an�ount of ti�e i'ee charked for the fore�oing publ�cation is the sum af �:41.Sti. Tins amount has not been paid in fu1L f' � �� f �' � ��>��,�,.� � � �� _-� � �- _ `� a ,�,�� -5 �s��`��=ast��,� n. (Si�,nature ofYi�incipa! Clerk) ti',�'{>.. ,,..., _, �� ,��i��,��,�;"�� - Subscribed anc3 s�vorn ta before m� ti}�s da}' of September l�. 2UQI. ;`'�� •. - `��p��,�y � a �' �\ . —' : ��... � �'f�� % ,� c.�' �+��'�.�� <° �` - , a l .� .�`•�. • a` � � Notar; I'ublic in and for the State of �1- a;hineton. Iiitsap Caunty. _1, J '� ', �"'�.`••., • t� `�?�.� �� i j �� f tltd$ti$�3t3'si i � NOTIC'E OF COMPL�TIC)N Notice �f Completion ha� been is�ued io Northern Con-A�g. LPP fi�r C:if}� Pr��ject N��, 114{, Ctiy Contract No. 483� and �847_ fnr ihe 28 Inch Uutfall Gleanin�� and 36 Inc1� Outfall E�;tension and C'leanin�. Any partiec having a �laim for material, la��r�r or ��ama�es rElaied to tl�is Contract hai�e fort��-tive (45 j days fr��m the date of f�st pi�blication of this notice to file a claiin. Carol Etgen City Clerlc 345 6th Streer Bremerton, ��%ashington 9� �37 Septem�er �, 2U09 . ... ..... . . .AD ;�2CsU� i b83 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4847 NORTHERN CON-AGG LLP 36 Inch Outfall Extension & Cleaning Engineering LEG 12-1 08/05/2009 08/21/2009 11/01/2009 AFFIDA VIT 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 KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kit sap, 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 fuli amount of the fee eh",gOO Ii" the fo~on ;, the snm of $41.56. Th;s amount has not been paid in full. CLLJL4...&. tJ \\\\lIIIII/ll/,,11 ~",\\\ S1.A T,.,~}III,,-- "" .... ..............~-f~~ ~ i7:?:.... "o.~...;~ '\ i .l .... \: i! ,0lA'" \ i -' --- 1 ~ ~~ ""'LtC : J ~~'. ~ l ~ ~~ ..... . 05 ~....,,. ....,'-- ~ ();;.....~...\...f6~., "III" r WA'~~ ~ "II"'",n,""'" (Signature of Principal Clerk) Subscribed and sworn to before me this day of September 14, 2009. Notary Public in and for the State of Washington, Kitsap County. 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 L:"~ I'\. THIS AGREEMENT is dated the = day of n~&:.....,,--r in the year 20~ by and between City of Bremerton (hereinafter called CITY) and Northern Con-Agg, \..\.? -If:Hr.. (hereinafter called CONTRACTOR). .,;fer...- 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 Letter of July 23,2009, and in accordance with the Standard Specifications for Road, Bridge and Municipal Construction, 2008 edition, as issued by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter. This work shall be entitled as 36 Inch Outfall Extension and Cleaning. ARTICLE 2. CONTRACT TIMES. The WORK shall be completed from within the following work window: 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 Proposal from Northern Con-Agg, Inc., dated 24 July 2009. -M'"L-J...hs.. 00 ..:.fi-- 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 ~ Contractor Initials CONTRACT -1 City of Bremerton 36 Inch Outfall Extension and Cleaning 7/29/20098:34 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 Proposal from Northern Con-Agg, o Performance Bond, o Payment Bond, o Standard Specifications, E~4......"l>,~c". \ -0"1. ,& (s) c:... "'?....................J L\~~....,-n ~~".s.\...,&. &-- 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 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 CONTRACT -2 City of Bremerton 36 Inch Outfall Extension and Cleaning 7/29/20098:34 AM 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. ~ ~L. ~Bremerton '~ Attest ~ ~ CONTRACTOR N.Qh'~E.lU ~,t - ~l:rG., \.. \...t> By ~ a.... l co....-i! \1. 1'". [CORPORJ\TE SEAL] LEE Pt. ("'C""\,~L.E.R Attest g I: ~ E"b-.)Jl\lZ)) . EEoA..4, SEces:.~ Address for giving notices l ~'I-.S J!'U~~ j ~ .Jh.J &,tJl'J ~1t<.t4 9ra..J7 Address for giving notices '!."J. ~ \ ~E~"e.e_.lt. L~,.lE. tJ.... """'"P\..",\ _..._.....'"'". t't'-l ,1...1 E.S_"""", 'Ss~1 . License No. ~Q~'n\ C L CH ~<: I ~7( . Ie) ~ Agent for service of process: CONTRACT -3 City of Bremerton 36 Inch Outfall Extension and Cleaning 7/29/20098:34 AM