HomeMy WebLinkAbout4543
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Contract Number 4543
LYDEL CONSTRUCTION
Transmission Main - Union Ave to Pump Station 4
Engineering
CON File Class LEG 12-1
$173412.78
01/19/2006
03/01/2006
02/15/2008
GL
AL
E&O
$2000000.00
$1000000.00
$
Insurance Total
Insurance Review Date
$
3/01/2006
Vault 01/01/2008
ACCEPTANCE OF COMPENSATION & RELEASE OF ALL CLAIMS
12-Inch Transmission Main, Union Avenue to Pump Station 4
Contract Number 4543
Lydel Construction, Inc., hereby indicates agreement with, and acceptance of, the final
Contract Payment of $134,622.46 less $6,198.09 retainage, the total Contract Price of
$134,622.46, including Washington State sales and/or use taxes, and the final Contract
Time of 30 Calendar Days, as full and final compensation for all Wark performed in
connection with Contract Number 4543, 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.
Lydel Construction, Inc.
By ~d~L
Title: 0t'g nc:r,I(\f,-N /
Date:
5"fJ /Olb
Certificate of Notary
Subscribed and sworn to before me this I tfA...
day of fYItu(
, !)()l)k;
Notorv Public
State of WaShington
teA MARIE alAS
My Appointment Explras MOf: 3. ~2008
AFFIDAVIT OF PUBLICATION
Account # 61142 / Ad # 1142
STl....TE OF Wl>'..SHINGTON
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:
April 5, 2006, and that such newspaper was regularly distributed to its subscribers during all of $42.40,
which amount has not been paid in fulL
~" l>>e~-
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of April 12,2006.
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Notary Public in and for the State of Washington, Kitsap County.
NOTICE OF COMPLETION
Notice of Completion has been issued to Lydel Construction, Inc., for the 12-Inch Transmission Main,
Union Avenue to Pump Station 4 project. 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 this notice to file a claim.
Paula Johnston
City Clerk
345 Sixth Street, Suite 600
Bremerton Washington 98337-1873
April 5, 2006.....AD#1140
Washington State
Department of Revenue
PO Box 47474
Olympia, WA 98504-7474
600 625 188
Certificate of Payment of State Excise
Taxes by Public Works Contractor
LYDEL CONSTRUCTION INC
22494 BIG VALLEY RD NE
POULSBO WA 98370 9117
CITY OF BREMERTON
DEPT OF PUBLIC WORKS & UTILITIES
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
TRANSMISSION MAIN,UNION AVE - PUMP STN 4
together with all other taxes, increases and penalties due from such contractor, have been paid in full or that
theyare, in the Department's opinion, readily c,ollectible 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 ((lt1'{ StOh
at Olympia, Washington,
State of Washington
Department of Revenue
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Certifying Office
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 310028 (10-01-02) ROUTING: Disbursing Officer, Contractor, File, Special File
STATE OF WASHINGTON
EMPLOYMENT SECURITY DEPARTMENT
CONTRACTOR: LYDELCONSTINC
22494 BIG VALLEY RD NE
POULSBO, W A 98370
) CERTIFICATE OF
) PAYMENT OF CONTRIBUTIONS
) PENAL TIES AND INTEREST ON
) PUBLIC WORKS CONTRACT
ES Reference No.
605895-00 1
TO: CITY OF BREMERTON PUBLIC WORKS
3027 OL YMPUS DR
BREMERTON, WA 98310
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:
12 INCH TRANSMISSION MAIN UNION AVE TO PUMP STATION 4
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 arid interest due from said contractor.
This certificate does not release said contractorfromJiabilityfor additional contributions,-
penalties and interest which may be later deterriiiried to be due with respect to the above mentioned
contract.
Dated at Olympia, Washington on April 6, 2006.
. ..1.
COMMISSIONER
YMENT SECURlT DEPARTMENT
:'_1,;
Original~Disbursing Officer
Duplicate-Emp'loyer ; - -- -
Triplicate-Central Office Files
EMS 8449 760 R3-98
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Affidavit of Wages Paid
Prevailing Wage Section
Department of Labor & Industries
PO Box 44540
Olympia, WA 98504-4540
Received:
05/08/2006
Affidavit Id:
101909
Status:
Approved on 05/08/2006
COMPANY
Company Information: L YDEL CONSTRUCTION INC
L YDELCI147RA
License History 600625188
501 ,728-00
Industrial Insurance 22494 BIG VALLEY RD NE
Premium Status POULSBO, WA 983709117
(360) 598-4741
Payment Type: Electronic
Company Signature: Electronic
PR,OJECT
Public Agency: BREMERTON, CITY OF/PUBLIC WORKS
3027 OL YMPUS DRIVE
BREMERTON, WA 98310
County: KITSAP Multiple Counties? No
City: Bremerton
Project Name: 12-lnch Transmission Main to PS4
Contract Number: 416B
Date Intent Filed: 01/23/2006
Bid Due Date: 10/12/2005
Award Date: 12/22/2005
Date Work Completed: 03/07/2006
Prime Contractor: L YDEL CONSTRUCTION INC
L YDELCI147RA
(360) 598-4741
Did Your Company Hire
Subcontractors To
Perform All Work? No
Did Your Company Hire
Any Subcontractors? No
$ Amount: $115,777.16
Number of Owners: 1
Filed by: Todd Smith
EMPLOYEES' WAGES
Journey Level Trades/Occupations
County Trade Occupation Wage Fringe
KITSAP LABORERS-UNDERGROUND GENERAL LABORER $33.46 $0.00
SEWER & WATER
KITSAP LABORERS-UNDERGROUND PIPE LAYER $33.94 $0.00
SEWER & WATER
KITSAP FLAGGERS JOURNEY LEVEL $28.781 $0.00
KITSAP POWER EQUIPMENT OPERATORS BACKHOE, EXCAVATOR, SHOVEL (3 YD $41.12 $0.00
& UNDER)
KITSAP I TRUCK DRIVERS DUMP TRUCK $19.60 $0.00
Apprentice Trades/Occupations
2 238
33
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PUBLIC WORKS 8. UTILITIES
Engineering Division
March 22, 2006
Lydel Construction, Inc.
22494 Big Valley Road, N.E.
Poulsbo, '/VA 98370
Attn: Todd Smith
Subject:
12-lnch Transmission Main, Union Ave. to Pump Station 4
Final Acceptance
Dear Mr. Smith
The City hereby grants Final Acceptance of the 12-lnch Transmission Main, Union Ave.
to Pump Station 4 project, effective March 7, 2006.
Upon receipt of final payment, please complete and forward the "Acceptance of
Compensation and Release of All Claims" form included in the contract documents.
Retainage will be released 60 days after the date of final acceptance and after receipt of
all required releases pursuant to Standard Specification Section 1-09.9(1).
Sincerely,
8~:v
---
Brad Ginn, P.E.
cc: Project File
26062
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tPress Esc Key to Insert new record, Ctrl-Z to Clear form t
!press Del Key to Terminate Insert Mode ,.
INSERT Contract Maintenance t
t Contract Number 4543 ~
tVendor Name LYDEL CONSTRUCTION t
tSubject TRANSMISSION MAIN - UNION AVE TO PUMP STATION 4 t
tDepartment ENGINEERING ,.
tStatus Code CON t
,. Amount $173412.78 t
,. Begin Date 01/19/2006 ,.
t Insurance End Date 03/01/2006 t
t Type Amount Review Date 02/15/2008 T
t Press Fl for GL $2000000.00 t
T valid insuranceAL $1000000.00 t
t type codes t
,. Insurance Total $3000000.00 T
t Insurance Review Date 03/01/2006 t
Comments VAULT 01/01/2008 T
t t
,. t
+--------------------------------------------------------------------------+
AFFIDAVIT OF PUBLICATION
Account # 61142 / Ad # 1142
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
published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit:
April 5, 2006, and that such newspaper was regularly distributed to its subscribers during all of $42.40,
which amount has not been paid in full.
~!-lve~
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of April 12, 2006.
Notary Public in and for the State of Washington, Kitsap County.
NOTICE OF COMPLETION
Notice of Completion has been issued to Lydel Construction, Inc., for the 12-Inch Transmission Main,
Union Avenue to Pump Station 4 project. 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 ofthis notice to file a claim.
Paula Johnston
City Clerk
345 Sixth Street, Suite 600
Bremerton Washington 98337-1873
April 5, 2006.....AD#1l40
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CONTRACT
THIS AGREEMENT is dated the fa f1.L. day of-JAN \i\Itt'l in the year 20~ by
and between City of Bremerton (hereinafter called CITY) and Lydel Construction, Inc.
(hereinafter called CONTRACTOR).
CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1. WORK.
CONTRACTOR shall complete the WORK as specified or indicated in the Plans and
Specifications entitled 12-lnch Transmission Main Union Avenue to Pump Station 4,
included as Exhibit D.
ARTICLE 2. CONTRACT TIMES.
The WORK shall be completed within 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 agreement. This provision has been specifically negotiated.
ARTICLE 3. COMPENSATION.
The City shall pay the Contractor in accordance with the Unit Price and Lump Sum price
schedule included in Exhibit C, not to exceed the total amount of $159,680.00, plus any
applicable Washington State Sales Tax, for the work and services contemplated in this
Contract. The City payment shall not constitute a waiver of the City's right to final
inspection and acceptance of the project.
ARTICLE 4. 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, 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 5. PAYMENT PROCEDURES.
CONTRACTOR 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 Special
Provisions
rfI.
Contractor Initials
City of Bremerton
Department of Public Works and Utilities
12-Inch Transmission Main Union Avenue to Pump Station 4
Project No. 416B
December 22, 2005
CONTRACT -1
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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-5, inclusive) and the following attachments to this Contract:
o Performance Bond, Exhibit A,
o Payment Bond, Exhibit B,
o Price Schedule, Exhibit C,
o Contract Plans and Special Provisions, Exhibit D,
o Washington State Department of Transportation Standard Specifications for Road,
Bridge, and Municipal Construction, 2004 Edition,
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 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 defend, indemnify
and hold harmless the City of Bremerton and its appointed and elected officials and
employees, from and against all loss, damage or injury of any kind or character, including
attorney fees and costs, sustained by any person or property and arising out of or in
consequence of the performance of this agreement whether due to the negligence, acts
or omissions of the Contractor, the City of Bremerton, its appointed or elected officials or
employees, except to the extent that such loss, damage or injury is judicially found to be
occasioned by the sole negligence of the City of Bremerton, its appointed or elected
offi<?ials or employees. '
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.
Vt/.
Contractor Initials
City of Bremerton
Department of Public Works and Utilities
12-1nch Transmission Main Union Avenue to Pump Station 4
Project No. 416B
December 16,2005
CONTRACT -2
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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 a subcontractors and
suppliers.
ARTICLE 9. INSURANCE
CONTRACTOR shall procure and maintain insurance in accordance with Section 1.03-8
of the Special Provisions.
ARTICLE 10. DISPUTES AND CLAIMS
CONTRACTOR shall follow the dispute notification and resolution procedures in Section
1-09.11 of the Standard Specifications as modified by the Special Provisions. Claims
shall be filed in accordance with Section 1-09.11 (2) of the Standard Specifications as
modified by the Special Provisions. Claims resolution shall be in accordance with Section
1-09.13 of the Standard Specifications as modified by the Special Provisions.
ARTICLE 11. TERMINATION
Termination procedures shall be in accordance with Section 1-08.10 of the Standard
Specifications.
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 ill the
Contract Documents.
'-(f:j -
Contractor Initials
City of Bremerton
Department of Public Works and Utilities
12-Inch Transmission Main Union Avenue to Pump Station 4
Project No. 416B
December 16,2005
CONTRACT-3
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IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be
executed the day and e first above written.
By
CITY:
Attest
Address for givi g notices
.3Lts S;y.4-h S+ 5~\-k. L,.oo
ewe"""e,.."'+D\'\ wA. (U~33'- '''1?>
~r~=
(Title)
City of Bre7llerton
Department of Public Works and Utilities
CONTRACT-4
Attest
Address for giving notices
p?;( 19';' f5 11 VlIvl/JJ..l/ IIU Ale ~ iii li.h d, v..'r9- 9131 tJ
License No. L "IDE l-CItt.J-7 M
Agent for service of process:
12-Inch Transmission Main Union Avenue to Pump Station 4
Project No. 416B
December 16, 2005