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008-19 - Neptune Marine, LLC - ContractCONT CT CITY OF PORT ORC RDROC ELL POGKET RK PROVE ENTSco T cT O. C008-19 THIS AGRE ade arrd entered into this 22N day of January, 201g, by and betrneen theCi{ of Port a municiPallty incorporated and "xstlrl under the laurs of the State ofwashington, city Counci! ano Mayor, nereininer called ine "city,, "no,Neptune Marine LLc, hereinffier called the .contastor.' WITNESSETH: That the Contractor, in consideration of the covenants, agreements and payrnents to beperformed and made by the City, hereby covenants anO alrees to fumish ail labor, too1s,materials, equipment and supplles requirbd for, and to exdute, construct and finish in fullcompliance with the contact Documents, Rocl(wELL PocKET PARK llrrpRovEMENTS.The Contractor. further agrees to perform all such work for the Contract price stated in theContracto/s Bid Proposatdated.-January 10,2019, attached hereto and incorporated herein bythis reference as if set forth in fult. r ' The Contrad Documents, copy of the Proposal ma Standard Specffications Amendments and Special cooperative therewith. Time is of the essenca by this Contract shall start within 14 calendar days after Notice to Proceed is issued and that allconstruction shall be complete within 70 woddnj days after the Notice to proceed Date. It is further agreed that in the eventthat the Contractor sha rhe time sp."ineo, and :triffii::Ithe Contraclor expressly convents and agrees tc the surn ascalculated by the equation shown in Section 1-08.9 of the WSDOT specification, for each and every working day said work is not cornplete beyond the time shorrn in the Proposal. Contractor understands that his bid response documents and any contact docurnents may be subject to release under the Public Records Act Chapter 42.5ORCW and the Cig may be requiredto be disclosed upon a request. Contrador ad<nowledges that he has adviseO io rnari "nyrecords believed to be trade secrets or confide tial in nature as "@nfidential." lf records markeO as 'confiderrtial' are found to be responsive to the request for records, the City as a courtesy to the ConFactor, may elect to girrc notice to Contractor of the request so as to aitoul Contractoi to seek a protedive order from a Court. Contractor acknowledges and agrees that any records deemed responsive to a publh records request may be released at the sole discretion anO without notice by the City. Errorl Unknown document property narne. Rockuell Pocket Park lmprovemenlo Pmject Errorl Unknorm document propefi me.LEF2I Oclober 2018 Contract [s a Su un as rety, to insure nce of this by the Contrac'tor in accordance with all its terms ancl provisions. ln the event of litigation, venue shall be within Kitsap County, Washington. Robert Mayor CONTRACTOR ATTEST: , MMC, Cig Clerk APP AS TO FORM: Cates, City FoulhunltzTwCloc lN WTTNESS WHEREOF the parties oRc presents to be duly executed. OFGTY By: Address: ,th By: Trtle Enorl Unknwn deumentproperty n me. Roclil.rll Pocket Park lmprovements Projecf Errorl Unknon documcnt property nrrrp.LD.22 October 2018 Bond in Dollars with execution and these oP a R F SELECT ON OF R NAGE OPT ON CTYOF PO ORGHARDROC ELL POCKET RK PROVE ENTScoNT cT NO. C008 t9 Contract/Purch ase Order Num ber: Coot -t1 of the work sha I be retained..hy, th.e, QiU, for ,the nqrpg,ses mentioned in said statute. The Contractor elects to have these monies (check one): Retained in a furrd by the Owrrer until sixty (60) days following the fina! acceptance of said improvement or work is completed; I Deposited by the Oryvner in an interest{earing account in a bank, mutual savings bank, or savings and loan association, not subied to witMrawa! until after the fina acceptanoe of said improvernent or work is completed, or until agreed to by both parties: Provided that interest on such account shall be paid to the Contractor; or D Placed in escrow with a bank or trust company by the Orner until sixty (60) days following the final acceptance of said improvement or work is cornpleted. When the monies reserued are to be placed in escroryy, the Orner shall issue a checft representing the sum of the monies reserved payable to the bank or fust company and the Contractor joinUy. Such check sha I be converted into bords and securities chosen by the Contrador and approved by the Ouuner and such bonds and securities shall be held in escrow. lnterest on such bonds and securities shall be paid to the Contrador as the sakl interest accrues. Contractor hereby further agreEs to be fully responsible for payment of all costs or fees incuned as a result of placing said retained percentrage in escrotn gnd investing it as authorized by statue. The City of Port Orchard shall not be liable in any way for any cost or hes in connection therqrith. Narne of Financial lnstitution Address of Financial lnstitution City, State, Ztp Code of Financial nstiMion Escrow nature ClfcfPortorrcJlard ndxwen Md M, lnrylownc/7/ts Ptoied nv2o t W I lcu&1 I Callillzd-DocrntrynB lDtT Date Dcambcr20lS