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Home My WebLink About5025 Contract Number: 5025 Vendor: ESN NORTHWEST, INC. Subject: ORC Infection at Former Chevron Property Department: Public Works File Class: LEG 12 -1 Begin Date: 5/11/2011 End Date: 6/30/2011 Review Date: 6/30/2011 Vault Date: 2014 Comments: Notice of Completion 12/29/11 ACCEPTANCE OF COMPENSATION & RELEASE OF ALL CLAIMS ORC' Injection at Former Chevron Property City Construction Project #: 5202 ESN Northwest, hereby indicates agreement with, and acceptance of the total Contract Price of $92,728.11, including Washington State sales and/or use taxes, and the final Contract Time of 25 Days, as full and final compensation for all Work performed in connection with Contract Number 5202, and does hereby release the City of Bremerton from all claims, liability, demands, damages and actions of any kind whatsoever, arising from performance of that Contract ESN Northwest By - *I Date- Michael Korosec Title RECEIVE® DEC 2 9 2011 ENGINEERING DIVISION AFFIDAVIT OF PUBLICATION Account #42742 AD #279195 STATE OF WASHINGTON COUNTY OF KITSAP I, Jessica Zuehl - Miller, being first duly sworn on oath, deposes and says That she is now, and at all times embraced in the publication herem 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 an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit And on December 29, 2011 such newspaper was regularly distributed to its subscribers during all of said period The full amount of the fee charged for the foregoing publication is the sum of $5175 This amount has not been paid in full (Signature of Principal Clerk) Subscribed and sworn to before me this day of January 4, 2011 1 Notary Public in and for the State of Washington, Kitsap County CASSANDRA A CAPAS Notary Public State of Washington My Commission Expires February 04, 2014 NOTICE OF COMPLETION Notice of Completion has been issued by the City of Bremerton to ESN Northwest for the contract ORC Infection at Former Chevron Property 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 tlus notice to file a claim Shannon Corm City Clerk 345 6th Street Bremerton, Washington 98337 December 29, 2011 AD #20120873 RECEIVED JAN 0 2012 ENGINEERING DMSION Washington State r& N I5, °' ," o Department of Revenue - evenue PO Box 47474 Olympia, WA 98504 -7474 601 300 821 Certificate of Payment of State Excis Taxes by Public Works Contractor R E C E I OCT 242011 ESN NORTHWEST CITY OF BREMERTON 1210 EASTSIDE ST SE STE 200 WILLIAM J DAVIS ENGINEERING DIVISION ; OLYMPIA WA 98501 2426 3027 OLYMPUS DR BREMERTON WA 98310 We hereby certify that taxes, increases and penalties due or to become due from the above -named contractor under Chapter 180, Laws of 1935, as amended, with respect to the following public works - contract CITY OF BREMERTON 5202, ORC INJECTION @ FORMER CHEVRON PROPERTY together with all other taxes, increases and penalties due from such contractor, have been paid in full or that they are, in the Department's opinion, readily collectible without recourse to the state's lien on the retained percentage - This certificate is issued pursuant to the provision of Chapter 60 28 Revised Code of Washington for the sole purpose of informing the state, county, or municipal officer charged with the duty of disbursing or authorizing the payment of public funds to said contractor that the Department of Revenue hereby releases the state's lien on the retained percentage provided by this Chapter for excise taxes due from said contractor This certificate does not release said contractor from liability for additional tax that may be later determined to be due with respect to the above - mentioned contract or other activities Dated /n,41 at Olympia, Washington, State of Washington D eparture of Reve e Ce tifying Officer For tax assistance, visit dor wa gov or call 1- 800 - 647 -7706 To inquire about the availability of this document in an alternate format for the visually impaired , please call (360) 705 -6715 Teletype (TTY) users may call 1- 800 - 451 -7985 REV 310028 (10- 01 -02) IV I J f $TATp O� ev 04 � � n s W ti t �y c STATE OF WASHINGTON DEPARTMENT OF LABOR AND INDUSTRIES RECEIVED CITY OF BREMERTON NOV 2 12011 ATTN: WILLIAM J DAVIS 3027 OLYMPUS DRIVE BREMERTON WA 98310 ENGINEERING DIVISION Certificate of Release of the State's Lien on Public Works Contracts With this letter, the Washington State Department of Labor & Industries approves of your release or payment of the contract amount retained from the following contractor - -- ESN NORTHWEST INC 825,320 -00 601 300 821 1210 EASTSIDE ST SE STE 200 OLYMPIA WA 98501 - -- related to the following public works contract: ORC INJECTION AT FORMER CHEVRON PROPERTY 5202 This approval is for workers' compensation insurance premiums only. L &I's prevailing wage section separately requires all contractors on the project file an affidavit of wages paid. These affidavits must be approved before retainage can be released. In our opinion, all workers' compensation insurance premiums, increases, and penalties due to L &I from this contractor have been paid in full or are readily collectible without recourse to the state's lien on the retained percentage. ** This letter's sole purpose is to communicate our release of the state's lien to the public official responsible for paying or authorizing the payment of public funds to the contractor named above. If we later determine that the contractor owes additional premiums related to the above - mentioned contract or other activities, the contractor is still liable for payment. Dated November 17, 2011 at Olympia, Washington. Contract Release Specialist PATRICIA MCLAIN 360 - 902 -4756 or MCLP235@LNI.WA.GOV ** Title 51 RCW authorizes L &I to collect workers' compensation insurance premiums, increases, and penalties. Chapter 60.28 RCW establishes L &I's priority regarding this lien. Chapter 39.12 RCW addresses L &I's requirement for affidavits of wages paid. Employment Security Department vb'A�1 1 5TAT'- P O Box 9046 Olympia, WA 98507 -9046 ( Fax 360 - 902 -9287 CITY OF BREMERTON ) CERTIFICATE OF )PAYMENT OF CONTRIBUTIONS Attn WILLIAM DAVIS ) PENALTIES AND INTEREST ON 3027 OLYMPUS DR ) PUBLIC WORKS CONTRACT BREMERTON, WA 98310 ES Reference # 74099700 2 CONTRACTOR ESN NORTHWEST INC 1210 EASTSIDE ST SE 200 OLYMPIA, WA 98501 -2443 The Employment Security Department hereby certifies those contributions, penalties and interest due from the above named contractor under the Employment Security Act have been paid in full or provided for with respect to the following public works contract Description ORC INJECTION AT FORMER CHEVRON PROPERTY Contract number 5202 The Employment Security Department hereby certifies that it has no claim pursuant to RCW 50 24 130 against the public body named above for tax attributable to service performed for said public body by the above named contractor on the above described contract The Employment Security Department releases its lien on the retained percentage which is provided by RCW 60 28 040 for contributions, penalties and interest due from said contractor This certificate does not release said contractor from liability for additional contributions, penalties and interest which may be later determined to be due with respect to the above mentioned contract Dated at Olympia, Washington on January 5, 2012 EMPLOYMENT SECURITY DEPART MEN1 B r t r Authorized Representative Original - Disbursing Officer Duplicate - Employer Triplicate - Central Office Files Contract Number: Vendor: Sub�ect: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments : 5025 ESN NORTHWEST, INC. ORC In�ection at Former Chevron Property Public Works LEG 12-1 5/11/2011 6/30/2011 6/30/2011 CONTRACT (page 1 of 3) THIS CONTRACT is dated the day of m the year 2011 by and between City of Bremerton (hereinafter called CITY) and �S �! N or�l� ��s� �n�. (hereinafter called CONTRACTOR) CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows _ ARTICLE 1. WORK. CONTRACTOR shall com�lete the WORK as specified or indicated �n the CITY's Contract Documents entitled ORC Injection at Former Chevron Property ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Substantial Completion withm 30 calendar days from the commencement date stated in the Notice to Proceed Time is of the essence as to each and every deadline set forth in this contract This provision has been specifically negotiated ARTICLE 3. LIQUIDATED DAMAGES CITY and the CONTRACTOR recogrnze that time is of the essence of this Contract and that the CITY �nnll suffer financial loss rf the WORK is not completed v�nthin the time specdied in Article 2 herein, plus any extensions thereof allowed in accordance with Section 1-08 8 of the Standard Specfications which may be modified by the Special Provisions They also recogrnze the delays, expense, and difficulties involved in prov�ng m a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time Accordmgly, instead of requinng any such proof, the CONTRACTOR shall pay the CITY liqwdated damages in the amount of $1000 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 Specfications as may be modified by the Special Provisions ARTICLE 4. CONTRACT PRICE. CITY shall pay CONTRACTOR for completion of the WORK in accordance w�th the Contract Documents in the amount set forth in the Bid Proposal, which shall include sales tax as prowded m Section 1-07 2(2) of the Special Provisions ARTICLE 5 PAYMENT PROCEDURES. � CONTRACTOR shall submit Applications for Payment in accordance �nnth Section 1-09 9 of the Standard Specifications which may be modified by the Special Provisions Applications for Payment wall be processed by ENGINEER as provided in the Special Prov�sions Contractor Initials C►ry of Bremerton CF-1 ORC'"' In�ect�on at Former Chevron Property Apnl 2011 CONTRAC4 (page 2 of 3) ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between CITY and , CONTRACTOR concemmg the WORK consist of this Contract (pages CF-1 to CF-7, inclusive) " and the follo�nnng attachments to this Contract ,•' � o Notice Invitmg Bids, o Bidders Checklist, o Bid Proposal including the Proposal Forms, Information Reqwred of Bidder, Bid Bond, and all reqwred certficates and affidavits, o Perforrnance 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 Contract and are not at ached hereto � a There are no Contract Documents other than those listed in this Article 6 The Contract Documents may only be amended by Change Order as prov�ded 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 follo�nnng in � accordance with the requirements of RCW 4 24 115 and the CONTRACTOR specfically waives his immunity under industnal msurance under T�tle 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 s' of each and any of them, against and from any and all claims, in�uries, damages, losses or suits, �, including all legal costs and attomey fees, all claims and liabdity ansmg under, by reason of, ° related, or incidental to the Contract Documents or any performance of the WORK, but not from - the sole negligence or wdlful 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 u Contractor Irntials City of B�emerton CF-2 ORC� In�ect�on at Fom►er Chevron Property Apn12011 CONTRACT (page 3 of 3) ARTICLE 8. ASSIGNMEN� No assignment by a party hereto of any rights under or mterests in the Contract Documents wdl be bmdmg on another party hereto without the wntten consent of the party sought to be bound, and specifically but without limitation mornes that may become due and monies that are due may not be assigned �nnthout such consent (except to the extent that the effect of this restnction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment v►nll release or discharge the assignor from any duty or responsibit�ty under the Contract Documents The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, nghts and/or responsibdities under the Contract, except with regards to an assignment of funds for secunty purposes In the case of an assignment for secunty purposes the CITY may condition ds approval to the extent it deems necessary to assure that there �nnll be adequate funds to complete the WORK and to pay a subcontractors and suppiiers CITY and CONTRACTOR each bmds �tself, 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 Contract to be executed the day and year first above written CITY Citv of Bremerton r Approved as t �Form 6 r , (Signature) . ( � �r�c, It�@� CONTRACTOR �SN N ��-+� t,r.e�' �„�-_ By �" �l%rx'� a �� [� �lN.� Attest Address for giving notices /.z/0 tast�,v�.¢ S!` sF d�� ?T,�� t//�f�9d'To� License No fS ti�o �'� yf'G' �3 �' Agent for service of process �i{ � ( -�� j �: 0 �° c.. � '` � �'1 C�ry of Bremerton ORC" In�ecbon af Fom►er Chevron Property CF-3 Apnl 2011 Address for givin notices ��5� C�-h � , , �� < < �j � V � � }� 'fL �1 � �� ! �, �