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Home My WebLink About4504 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4504 T F SAHLI CONSTRUCTION Skate Park Parks LEG 12-1 06/24/2005 10/31/2005 02/15/2009 01/01/2009 Addendum 8/05 AFFIDAVIT OF PUBLICATION Account # 42742/ Ad # 209294 ST ATE OF WASHINGTON COUNTY OF KITSAP I, Christy Moffitt, 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 date, to wit: August 14, 2007 and 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 publication is the sum of $29.15 which amount has not been paid in full. C n\AiJTI t ~1t (Signature of Principal Clerk) Subscribed and sworn to before me this day of August 16, 2007 Notary Public in and for the State of Washington, Kitsap County. NOTICE OF COMPLETION Paula Johnston City Clerk 345 6th Street, Suite 600 Bremerton, W A 98337 August 14, 2007......................Ad#20047706 Washington State Department of Revenue PO Box 47474 Olympia, WA 98504-7474 578 084 205 Certificate of Payment of State Excise Taxes by Public Works Contractor T F SAHLI CONSTRUCTION POBOX 332 SEAHURST WA 98062 0332 CITY OF BREMERTON CATHY JOHNSON 345 6TH ST STE 600 BREMERTON WA 98337 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 / CONSTRUCT CITY SKATEBOARD PARK 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 thai may be later determined to e due with respect to the above-mentioned contract or other activities. at Olympia, Washington, Dated State of Washington Depar ent of Revenue To inquire about the availability of this document in an alternate format for the visually impaired or in a language other than English, please call (360) 486-2342. TTY users may call 1-800-451-7985. REV 31 0028 (10-01-02) ROUTING: Disbursing Officer, Contractor. File, Special File '--- ~-Pe AFFIDAVIT OF PUBLICATION Account # 42742 / Ad # 81038 ST ATE 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 July 20, 2006, and that such newspaper was regularly distributed to its subscribers during all of $28.15 which amount has not been paid in full. ~ \;lre9..k- (Signature of Principal Clerk) Subscribed and sworn to before me this day of July 27,2006. OFFICIAL SEAL DAWN BLATT NOTARY PUBLIC - STATE OF WASHINGTON My Commission Expires July 30, 2006 Notary Public in and for the State of Washington, Kitsap County. City of Bremerton NOTICE OF FINAL COMPLETION Notice of final completion has been filed with the City of Bremerton on Wednesday, July 12,2006, by _T.F.Sahli Constructionl Seahurst, Washington for the City of Bremerton Parks and Recreation Skatepark located ate 50 Magnuson Drive, Bremerton, Washington. Any parties having a claim for materials, labor or damages with reference to this contract have forty five (45) days from the date of publication of this notice to file a claim. July 20, 2006.............................AD #20010899 CONTRACT ADDENDUM TERMINATION. The City may terminate this agreement without notice for good cause. "Good cause" shall include, without limitation, anyone or more of the following events: A. The Contractor's failure to supply sufficient skilled workers or suitable materials or equipment. B. The Contractor's failure to prosecute the work with such diligence as will ensure its physical completion within the original physical completion time specified in this Agreement and any extensions of time which may have been granted to the Contractor by change order or otherwise. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy ocbecoming adjudged bankrupt. F. The Contractor disregards the authority of the City. G. The Contractor performs work which deviates from the Contract, and neglects or refuses to correct rejected work. H. The Contractor's failure to provide continuous competent supervision. 1. The Contractor otherwise violates in any material way any provisions or requirements of the contract. If the City terminates this agreement for good cause, the Contractor shall not receive any monies due under this agreement, if any, until the Contract work is completed. CITZZME~ By: Cary Bozeman, Mayor Date: R-~.s-05 CONTRACTOR TF SAHLI CONSTRUCTION -/~AJ:t,- By: Tom ~li, %er Date: <? ~ O~ / Bremerton Skate Park Contract Addendum Page 1 of 1 CONTRACT SKATEPARK (Page 1 of 4) This agreement, made and entered into In triplicate, this -;tt... ;;L 'f day of June , 20 05 , by and between the City of Bremerton, hereinafter called the City, and Thomas F. Sahli dba T. F. Sahli Constructiophereinafter called the Contractor: Witnesseth: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall perform all work and furnish all labor, tools, materials and equipment for the EAST PARK SKATE PARK All parties agree that the State of Washington shall be and is hereby, named as an expressed third-party beneficiary ofthis Contract, with full rights as such. All work to be in accordance with and as described in the attached Plans, General Provisions, Specifications, and the 2002 Standard Specifications for Road, Bridge and Municipal Construction (English), which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. Contractor shall begin the work within ten (10) calendar days after the date that written NOTICE TO PROCEED is issued to the Contractor. The Contractor shall complete the work no later than one hundred (100) calendar days after the date that NOTICE TO PROCEED is issued If said work is not. completed within the time specified, the Contractor agrees to pay to the City an amount in accordance with Section 00100, Part 1-2.06(E) of these Contract Documents for each calendar day said work remains incomplete after expiration of the specified times as liquidated damages. The Contractor shall ,provide and bear the expense of all equipment, tools, material and labor of any sort whatsoever that may be required for the transfer of materials and for construction and completing the work provided for in this Contract and every part thereof, except such as are mentioned in the specifications to be furnished by the City. BREMERTON SKATE PARK Bidders Checklist & Bid/Contract Forms PAGE 00300-17 CONTRACT (Page 2 of 4) n. The City hereby promises and agrees with the Contractor to employ and does employ the Contractor to provide the materials and to do and cause to be done the above described work to complete and fInish the same according to the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the approved bid as attached hereto incorporated by reference, at the time and in the manner and upon the conditions provided for in this Contract Ill. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to fulfill the performance of all covenants herein contained upon the part of the Contractor. IV. It is further provided that no liability shall attach to the City of Bremerton by reason of entering into this Contract, except as expressly provided herein. V. INDEMNIFICATION Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents, volunteers and assigns harmless from any and all claims, injuries, damages, loses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this contract, except for injuries and damages caused by the sole negligence ofthe City. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICAlLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEYHA VB MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this contract. VI. INSURANCE The Contractor shall procure and maintain, during the term of construction and BREMERTON SKATE PARK Bidders Checklist & Bid/Contract Forms PAGE 00300 - 18 CONTRACT (Page 3 of 4) Throughout the specified term of maintenance, insurance of the types and in the amounts Described below against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, sub-consultants and/or subcontractors. Before beginning work on the project described in this contract, the Contractor shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operationslbroad form property damage; explosion, collapse and underground (XCV); and employer's liability. 3. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate. The insurance must refer to the project name, project location and contain a brief description of the project. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. The City, its officers, officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's insurance shall contain a clause stating that coverage. shall apply separately to each insured against whom claim is made or suit is brought, excepf with respects to the limits of the insurer's liability. L.....J The Contractor's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require, at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. Proof of coverage shall be provided to the City in the form of a Certificate of Insurance and shall include additional insured endorsements as evidence of coverage. The City also reserves its unqualified right to require, at any time and for any reason, proof of BREMERTON SKATE PARK Bidders Checklist & Bid/Contract Forms PAGE 00300 - 19 CONTRACT (Page 4 of 4) coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. Approval of required insurance is a condition precedent to the execution of this contract. In witness whereof the parties hereto have caused this agreement to be executed the day and year first herein above written. CONTRACTOR -r r s '^--'" ~, GO(/'. ~ Mayor By: ~-;i~'- Title: o aJ vUU1 t/~+/6 y Date: ATTEST: APPROVED' Ci~A1fo-( BREMERTON SKATE PARK Bidders Checklist & Bid/Contract Forms PAGE 00300 - 20