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HomeMy WebLinkAbout5069 Contract Number: 5069 Vendor: STAN PALMER CONSTRUCTION, INC. Subject: Shore Drive Lateral & Manhole Rehabilitation Department: Engineering File Class: LEG 12 -1 Begin Date: 9/16/2011 End Date: 12/1/2011 Review Date. 1/1/2012 Vault Date: 2014 Comments: Notice of Completion 1/10/12 AFFIDAVIT OF PUBLICATION Account #15554 AD #279464 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 January 10, 2012 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 $56 63 This amount has not been paid in full (Signature of Principal Clerk) Subscribed and sworn to before me tlus day of January 17, 2011 C�k' C>1 CASSANDRA A CAPAS Notary Public in and for the State of Washington, Kitsap County Notary Public State of Washington M Commission Expires February 04, 2014 NOTICE OF COMPLETION Notice of Completion has been issued by the City of Bremerton to Stan Palmer Construction for the contract Shore Drive Lateral and Manhole Rehabilitation 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 Conn City Clerk 345 6th Street Bremerton, Washington 98337 January 10, 2012 AD #20121126 Contract Number: Vendor: Sub�ect: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 5069 STAN PALMER CONSTRUCTION, INC. Shore Drive Lateral & Manhole Rehabilitation Engineering LEG 12-1 9/16/2011 12/1/2011 1/1/2012 Comments: ' � � �� � , ' ' � ' ' � � ' CONTRACT (page 1 of 3) THIS AGREEMENT is dated the � day of �.1 � 1 m the year 2011 by and beiwe�n City�Bremertor�,.(hereir�after c�lled CITY) and (hereinafter called CONTRACTOR) CITY and CONTRACTOR, in consideration of the mutual covenants heremafter set forth, agree as follows ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as speafied or mdicated m the CITY's Contract Documents entitled Shore Drive Lateral and Manhole Rehabilitation ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Substantial Completion within 45 calendar days from the commencement date stated m the Notice to Proceed Time is of the essence as to each and 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 m Article 2 herem, 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 m provmg m a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time Accordingly, mstead of reqwnng any such proof, the CONTRACTOR shall pay the CITY liquidated damages in the amount of $500 for each day that expires after the time specified in Article 2 herem 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 m 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 Speafications which may be modified by the Special Provisions Applications for Payme i be processed by ENGINEER as provided in the Special Provisions � Con ractor Initials � . � Crry ojBremerton JuFy 2011 ' Shore Dnve Latera! and Manhole Rehabilrtatron CF-1 CONTRACT (page 2 of 3) ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which compnse the entire agreement between CITY and CONTRACTOR concerning the WORK consist of this Contract and the following attachments to this Contract o Notice Invitmg 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 m this Article 6 The Contract Documents may only be amended by Change Order as provided m 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 followmg in accordance with the requirements of RCW 4 24 115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Titie 51 RCW To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemrnfy, 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, in�uries, damages, losses or suits, including all legal costs and attorney fees, all claims and liabd�ty 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 m the Contract Documents The provisions of this section shall survive the termmation of the contract Contractor Initials Crty ojBremerton July 1011 Shore Drrve Lateral and Manho% RehobrTrtahon CF-2 i� ' � C � ' � � CONTRACT (page 3 of 3) ARTICLE 8. ASSIGNMENT No assignment by a party hereto of any nghts under or interests in the Contract Documents will be binding on another party hereto without the wntten 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 restnction may be limited by law), and unless specifically stated to the contrary m any written consent to an assignment, no assignment wdl release or discharge the assignor from any duty or responsibdity 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 Agreernent, except with regards to an assignment of funds for secunty 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 wdl 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 m respect of all covenants, agreements and obligations contamed in the Contract Documents � IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed the day and year first above written � i 1 C J � , � � CONTRACTOR S�� Address for givmg notices Address for giving notices Q W�' U.t{� IOw �Q, �� �� � 3��Qoer�c�,c� ,vJ'R ��'Sl'a- ��J� License No S�-Aw�-�C-aoa.��- ��-�-*��� .... `�%= _=�--- .� � . - ii�lr�-� _ =-� Agent for service of process Cuy o,J'Bremerton July 2011 Shore Drrve Lateral and Manhole Rehab�/uanon CF-3 ' . ��� �� CONTRACT CERTIFICATE (if Corporation) STATE OF � COUNTY OF I HEREBY ) ) SS ) FY that a meeting of the Board of Dir�tors of the a corporation existing under the I s of the State of , 20 , the following r , � , held on ution was duly passed and adopted RESOLVED, that , as President of the Corporation, be and is hereb uthorized to execute the CONTRACT dated , 2011, by and between this Corpor i and City of Bremerton and that his/her execution thereof, attested by the Secreta of th Corporation, and with the Corporate Seai affixed, shall be the official act and de d of this rporation " I further certify that said re olution is now m II force and effect IN WITNESS WHERE F, I have hereunto set hand and affixed the official seal of the corporation this , y of 2011 l ,° � Q � I (SEAL) � J ~ / t / , Crty of Bremerton July 2011 Shore Drrve Lateral and Manhole Rehabd�tahon CF-4 ' ' �J ' � � � , � ' ' � ' ' � ' C� � CONTRACT CERTIFICATE (�f Corporation) STATE OF Washmgton COUNTY OF Kitsap ) j SS I HEREBY CERTIFY that a meeting of the Board of Directors of the Stan Palmer Construction, Inc a corporation existing under the laws of the State of Washington , held on Novermber 29th, 2010 ,���, the following resolution was duly passed and adopted "RESOLVED, that Todd Haga , as Vice- President of the Corporation, be and is hereby authonzed to execute the CONTRACT dated 8/26/11, 2011, by and befinreen this Corporation and City of Bremerton and that his/her execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation " I further certify that said resolution is now in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this 26th , day of August , 2011 ecretary Sandra Tappan (SEAL) Ctty of Bremerton Shore Drive Lateral and Manhole Rehabilitat�on Ju[y 201 / CF-4 �