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4779
CONSTRUCT COMPANY LLC
Cambrian Avenue Sewer Replacement
Engineering
LEG 12-1
01/02/2009
04/30/2009
02/15/2011
01/01/2011
Change Order #1-3/09
ACCEPTANCE OF COMPENSATION & RELEASE OF ALL CLAIMS
Cambrian ~venue Sewer Replacement
Project No. 5076 - City Contract No. 4779
Construct Company, LLC hereby indicates agreement with, and acceptance of, the final
Progress Payment and total Contract Price of $84,533.17, including Washington State
sales and/or use taxes, and the final Contract Time of 15 working days, as full and final
compensation for all Work performed in connection with Contract Number No. 4779, and
does hereby release the City of Bremerton from all claims, liability, demands, damages
and actions of any kind whatsoever, arising from perform:mce of that Contract.
Construct Company, LLC
By: .?'> ~~~ Date:
Title: --8RJd ~.~'~ ft1~J<-''--
3/7 /07
Certificate of Notarv
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Subscribed and sworn to before me this
545'51li Street. p,b. 8Ox259'
'Breifierton. Washington '98337'
(360) :377'37:11
, 1-~88~3n -3711
Fed.,l;p. # 31-1260530
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ZZZ CITY OF BREMERTON - LEGALS
CITY ~F' BftE~ERTOK
S'TE ,bOD
345 '6J~ST
BREMERTO;N, WA 983,3i
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PO BOX 34688
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54 340:7 oaIO:6 /O''=I! - OB'lO 8/09 4:2742 CITY OF BR E M.E;R TO N,
BILLING INQUIR(ES:(360) 79223333
V erify Workers' Comp Premium Status - Employer Liability Certificate
Washington State Department of
Labor and Industries
Page 1 ofl
Employer Liability
Certificate
Department of Labor and Industries
Employer Liability Certificate
Date: 06/15/2009
UBI #: 602 170 577
Legal Business Name: CONSTRUCT COMPANY LLC
Account #: 033,887-00
'Doing Business As' Name: CONSTRUCT CO
Estimated Workers Reported: Quarter 1 of Year 2009 "21 to 30 Workers"
'(See Description Below)
Workers' Comp Premium Status: Account is current. Firm has voluntarily reported and
paid their premiums.
Licensed Contractor? Yes
License: CONSTCL982D6
Expire Date: 4/1/2010
Account Representative: T6 1 DIANE MCCOY (360)902-4822 - Email:
MCCD235@lni.wa.gov
What does "Estimated Workers Reported" mean?
Estimated workers reported represents the number of full time position requiring at least 480
hours of work per calendar quarter. A single 480 hour position may be filled by one person, or
several part time workers.
Industrial Insurance Information
Employers report and pay premiums each quarter based on hours of employee work already
performed, and are liable for premiums found later to be due. Industrial insurance accounts have
no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See R~"\Y
iL12J15~Q and 51.19~12Q).
https:llfortress.wa.gov/lni/crpsi/ AcctInfoPrint.aspx? AccountId=033 88700&AccountManager=T6+%2f+D... 6/15/2009
Washington State
Department of Revenue
PO Box 47474
Olympia, WA 98504-7474
e
602170577
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Certificate of Payment of State Excise
Taxes by Public Works Contractor
'I p.. 1 2 ""09
Jui" LU
CONSTRUCT COMPANY LLC
1621 PEASE AVE
SUMNER WA 98390 1603
ENGINEERING DIVISION
CITY OF BREMERTON PUBLIC WORKS
GUNNAR FRIDR~KSSON
3027 OLYMPUS DR
BREMERTON WA 98310 4799
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 PUBLIC WORKS
5076, CAMBRIAN AVE SEWER REPLACE
.
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
tbe 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
deterrhined to be due with respect to the above-mentioned contract or other activities.
Dated 0'g. 0Cf
at Olympia, Washington,
State of Washington
Department of Revenue
h;" ~ 0
Certifying Officer
.
For tax assistance, visit dor.wa.gov or call 1-800-647-7706. To inquire about the availability ofthis document in an alternate format for the visually impaired,
please call (360) 705-6715. Teletype (TrY) users may call 1-800-451-7985,
REV 310028 (10-01-02)
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Employment Security Department
WASHINGTON STATE
- - - ....:::..~~- .--
CONTRACTOR: CONSTRUCT CO LLC
1621 PEASE AVE
SUMNER, WA 98390
) CERTIFICATE OF
) PAYMENT OF CONTRIBUTIONS
) PENALTIES AND INTEREST ON
) PUBLIC WORKS CONTRACT
ES Reference No. 199703-00 6
TO: CITY OF BREMERTON
3027 OLYMPUS DR
BREMERTON, WA 98310
The Employment Security Department hereby certifies those contributions, penalties and interest due
from"die above nam'edcontractof tInder the-EmpioymentSecurity Act have -been pard in full or provided for .
with respect to the following public works contract:
5076
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
and interest due from said contractor.
This certificate does not release said contractor from liability for additional contributions, penalties
and interest which may be later determined to be due with respect to the above mentioned contract.
Dated at Olympia, Washington on May 15,2009.
COMMISSIONER
EMPLOYMENT SECURITY DEPARTMENT
Q~f;~fR~)
Original-Disbursing Officer
Duplicate-Employer
Triplicate-Central Office Files
EMS 8449 760 R3-98
RECEIVED
MAY 2 1 2003
ENGINEERING D!VISION
CITY OF BREMERTON
CHANGE ORDER
CONTRACT CHANGE ORDER NO: 1
PROJECT NAME: Cambrian Avenue Sewer Replacement
PROJECT NO:
5076
CONTRACTOR: Construct Company, LLC
ORIGINAL CONTRACT AMOUNT:
$88,419.24 DAYS:
15
PREVIOUSLY APPROVED CHANGES:
$0 DAYS:
o
THIS CHANGE:
$700 DAYS:
o
REVISED CONTRACT AMOUNT:
$89,119.24 DAYS:
15
This Change Order covers changes to the subject contract as described herein. The Contractor shall
construct, furnish equipment and materials, and perform all work as necessary or required to complete the
Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes.
DESCRIPTION OF CHANGES
INCREASE IN
CONTRACT
AMOUNT
($)
(DECREASE) IN
CONTRACT
AMOUNT
($)
CONTRACT
TIME
EXTENSION
(DAYS:)
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This Change Order shall be a one-time payment with a
new unit bid item #17, Contract Adjustment being
created. This payment is being done as a result of a
phone conversation occurring between the City and
Construct Co. on 3/3/09.
Construct Co. initially requested an equitable adjustment
for several unit bid items which were over and
underruns and cited Section 1-02.4C (1) of the Standard
Specifications. The City has covered any over and I \
I underruns in the contract by Special Provision 1-04.6.
However, as the requested adjustment is minot, to quiet
any further claims, and to expedite contact close-out, a
one-time adjustment was agreed to. $700
NET CHANGE IN CONTRACT AMOUNT . $700 0
INCREASE OR (DECREASE)
Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims of any
kind or nature arising from or connected with any work either covered or affected by this Change Order,
including, without limitation, claims related to contract time, on-site or home office overhead, or lost profits.
Nothing in this Change Order shall limit the City's right to bring a claim for past performance.
The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract
price specified for each item, including any and all supervision costs and other miscellaneous costs relating to
the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to
said Change Order.
This document will become a supplement of the contract and all provisions will apply hereto. It is understood
that this Change Order shall be effective when approved by the City of Bremerton.
,-
,"" CONTRACT CHANGE ORDER NO: 1
PROJECT NAME: Cambrian Avenue Sewer Replacement
The parties whose names appear below warrant that they are authorized to enter into a change order that is
binding on the parties of this contract. In addition, Contractor warrants that it has or will inform the surety of
this change, and shall take appropriate action to modify any bonds required under the contract to address this
chan"ge.
RECOMMENDED:
1bcTE~Gz4
3/I/t,o'J
( D te
RECOMMENDED:
ACCEPTED:
APPROVED:
APPROVED AS TO FORM:
ATTEST:
{l~~
City Clerk
Page 2 of2
Contract Number:
Vendor:
Subject:
Department:
File Class:
Begin Date:
End Date:
Review Date:
Vault Date:
Comments:
4779
CONSTRUCT COMPANY LLC
Cambrian Avenue Sewer Replacement
Engineering
LEG 12-1
01/02/2009
04/30/2009
02/15/2011
01/01/2011
\
'.
AFFIDAVIT OF PUBLICATION
Account # 42742 Ad # 245338
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Laura Wessels, 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:
March 6, 2009 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$39 6. The amount has
not been paid in full.
(Signature ofprincipal Clerk)
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Notice of Completion has been issued to Construct Company, LLC for City Project No. 5076, City 'If..,....',.'
Contract No. 4779 for the Cambrian Avenue Sewer Replacement. 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.
Subscribed and sworn to before me this day of March 23,2009.
Notary Public in and for the State of Washington, Kitsap County.
NOTICE OF COMPLETION
Carol Etgen
City Clerk
345 6th Street
Bremerton, Washington 98337
March 6, 2009...........................AD #20083876
Contract Number:
Vendor:
Subject:
Department:
File Class:
Begin Date:
End Date:
Review Date:
Vault Date:
Comments:
4779
CONSTRUCT COMPANY LLC
Cambrian Avenue Sewer Replacement
Engineering
LEG 12-1
01/02/2009
04/30/2009
04/01/2009
CONTRACT
CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON
THIS AGREEMENT, made and entered into this L day oili.cetnbev' , 20 ~
between the City of Bremerton under and by virtue of Title 35 RCW (cities) as amended, and
~S+v\'<cf-CoYfOI\Y LLC
hereinafter 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 do all work and furnish all tools, materials and equipment for the
Cambrian A venue Sewer Replacement, in accordance with and as described in the attached Plans
and Specifications, and the 2008 Standard Specifications of the Washington State Department of
Transportation which are by this reference incorporated herein and made part hereof and shall
perform any changes in the work in accord with the Contract Documents.
The Contractor shall provide and bear the expense of all equipment, work, and labor, of any sort
whatsoever that may be required for the transfer of materials and for constructing and completing
the work provided for in these Contract Documents except those items mentioned therein to be
furnished by the City of Bremerton.
II. The City ofBremerton hereby contracts with Contractor and Contractor hereby agrees
to provide the materials and to do and cause to be done the above described work and to complete
and finish the same in accord with 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 schedule of unit or itemized prices at the time and in the manner and upon
the conditions provided for in this Contract.
III. The Contractor is and shall be at all times acting as an independent contractor and
not as an employee of the City. The Contractor shall secure at its expense, and shall be
responsible for all payments of income tax, social security, state industrial insurance
compensation, unemployment compensation, and all other payroll deductions for the Contractor,
officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable
business licenses, if required, in connection with the contract services, including all required
licenses for Contractor's officers, agents, employees and subcontractors.
IV. The Contractor for himself/herself, and for his/her heirs, executors, administrators,
successors, assigns, does hereby agree to the full performance of all the covenants herein
contained upon the part of the Contractor.
v. It is further provided that no liability shall attach to the City ofBremerton by reason
of entering into this Contract, except as provided herein.
City of Bremerton
LD-12
Cambrian Avenue Sewer Replacement
October 2008
..
VI. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits including all legal cost and attorney fees, arising out of or in connection
with the performance of this agreement, except for injuries and damages solely caused by the
City's negligence.
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 agreement 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 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 TillS
INDEMNIFICATION CONSITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF
TillS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED TillS WAIVER.
The provisions of this section shall survive the expiration of termination of this agreement.
IN WITNESS WHEREOF, the Contractor has executed this instrument, on the day and year first
below written and the Local Agency Approving Authority has caused this instrument to be executed
by and in the name of said City of Bremerton the day and year first above written.
.s}-
Executed by the Contractor this ~
day of1?taVll bR. V
, 20 a?!
(SE'AL)
~~u-v~ t0r,:deJ-C11dn.4dc.
d Contractor .
daYZ;~~
C~ Bn~~an}l1o~or
Ci fBremerton Approving Auth ty
Executed by the Local Agency this ~
~
City of Bremerton
LD-J3
Cambrian Avenue Sewer Replacement
October 2008