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Home My WebLink About4487 Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments Contract Number 4487 STAN PALMER CONSTRUCTION INC Improvements - Cherry Ave Basin CSO & Beach Main Engineering CON File Class LEG 12-1 $922014.00 05/03/2005 11/30/2005 02/15/2008 GL AL E&O $2000000.00 Insurance Total $1000000.00 Insurance Review Date $ $3000000.00 08/01/2006 Vault 01/01/2007 ~- &vet ~oof ~ I r " ? . AFFIDAVIT OF PUBLICATION Account #42742/ Ad # 100175768 STATE OF WASHINGTON COUNTY OF KITSAP I, Sarah Weller, 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 dates, to wit: , October 24, 2005 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for tl:1e foregoing publication is the sum of $28.15, which amount has not been paid in full. ~~ Luf ilA-- (Signature of Principal Clerk) S~bscribed and sworn to before me this day of October 28,2005. I ..........."'" ..~~'., OFFICIAL SEAL ~J lY7i ) /:;p .t1.1J- DAWN BLATT lie - STATE OF WASHINGTON I Notary Public in and for the State of Washington, Kitsap County. My Commission Expires July 30, 2006 i , NOTICE OF COMPLETION' i - Notice of Completion has been filed by _Stan Palmer Construction, Inc., on contract No. 5004 for the Cherry Avenue Basin CSO and Beach Main Improvement,,> - Amended for Re-bid. Any parties having a claim for material, labor, or damages related to the Contract have thirty (30) days from the date of first publication of this notice to file a claim.- - Paula Johnston, City Clerk- 345 6th Street, Suite 600- Bremerton, W A 9833T October 24,2005"#100175768- ------ I I CONTRACT PAGE 1 of 3 I THIS AGREEMENT is dated the ~ day of ~ in the year 2005 I by and between City of Bremerton (hereinafter called CITY) and STAN PALMER CONSTRUCTION, INC. (hereinafter called CONTRACTOR). I CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: I ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the CITY's Contract Documents entitled Cherry Avenue Basin CSO and Beach Main Improvements - Amended for Rebid. ARTICLE 2. CONTRACT TIMES. The WORK shall be completed within 180 calendar days from the commencement date stated in the Notice to Proceed. 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 and Special Provision 1-08.5, 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-D7 .2( 1) of the . Special Provisions. ARTICLE 5. PAYMENT PROCEDURES. CQNTRACTOR 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 S cial Provisions Contractor Initials City of Bremerton Apri12005 Cherry Avenue Basin CSO and Beach Main Improvements - Amended for Rebid 1-26 CONTRACT PAGE 2 of 3 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-3, inclusive) and the following attachments to this Contract: . Notice Inviting Bids, . Bidders Checklist, . Bid Proposal including the DOE Water Quality Program State Revolving Fund Specification Inserts, Proposal Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits, . Performance Bond, . Payment Bond, . Standard Specifications, . Special Provisions, . Contract Plans, . Addenda numbers ~ to --1-, inclusive. . 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, ENGINE~R, and DESIGN ENGINEER, their consultants, subconsultants, and the officers, directors, emp.loyees, 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 lia~i1ity 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. contra~ City of Bremerton April 2005 Cherry Avenue Basin CSO and Beach Main Improvements - Amended for Rebid 1-27 I I I I I I I I I I I I I I I I I I I CONTRACT PAGE30f3 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 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: City of Bremerton By Attest Address for giving no Ices (:J"IS /iJ-J...J 4iJ./;:/J .Jr ah) '00 I ~j:bh,)LJ.A 9!337-- /131 N, INC. Address for giving notices 5107 STATE HWY 3 SW PORT ORCHARD, WA98367-7486 Li~ST-ffldi? ^QQr:lt ter Ge~ at pi Uv.e",~. ' I /ltllf;A- City of Bremerton Cherry Avenue Basin CSO and Beach Main Improvements - Amended for Rebid 1-28 Apri12005 CONTRACT CERTIFICATE (if Corporation) STATE OF WASHINGTON COUNTY OF KITSAP ) ) SS: ) I HEREBY CERTIFY that a meeting of the Board of Directors of the ' STAN PALMER CONSTRUCTION, a corporation existing under the laws of the State of W ASHTNGTON APRIL 1R r 200S ,2005, the following resolution was duly passed and adopted: , held on "RESOLVED, that. JOHN 7.ARATTAN , as \TICE President of the Corporation, be and is hereby authorized to execute the Agreement dated 4/18 ,2005, by and between 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 VVITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this 18th, day of APRIL ,2005 /~~ , Secretary SANDRA TAPPAN (SEAL) City of Bremerton Cherry A venue Basin CSO and Beach Main Improvements - Amended for Rebid 1-29 April 2005