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Home My WebLink About4839 Contract Number: 4839 Vendor: SOUND EXCAVATION INC Subject: Lafayette 8 Inch Water Main Extension Department: Engineerinq File Class : -LEG -12--1 Begin Date: 07/20/2009 End Date: 09/15/2009 Review Date: 02/15/2011 Vault Date: Ol/Ol/2011 Co�ents : ACCEPTANCE OF COMPENSATION & RELEASE OF ALL CLAIMS Lafayette 8-Inch Watermain Extension City Project Number 4365 - City Construction Contract Number 4839 Sound Excavation, Inc., hereby indicates agreement with, and acceptance of, the final Contract Payment of $83,452.09, the total Contract Price of $227,548.02, including Washingtan State sales andlor use taxes and 5% retainage, and the final Contract Time of 40 Working Days as full and final compensation for all Work performed in connection with Contract Number 4839, and does hereby release the City of Bremerton from all claims, liability, demands, damages and actions of any kind w�atsoever, arising from performance of that Contr�ct. Sound Excavation, Inc. By: �- Date: _ � f� �/O Title: �/Zo�ec.T /''�At�►AGP.rt, SC,� Certificate of Notarv Subscribed and sworn to before me this ��h day o -- IC� , ` ��a��ii�� i� ,;•� ��{NN M�� •,�� `" �ONF % : C �:sti kA . �i� � ; �'•,:';- '�• 9' , Q r,iF� q y �N ;� � _ V :o'.`r� .. % � '�L'�3�-� : .��: . U �, �"9J. /// ' �� • �l ;. _ 4- 9: , • �C?`� � .. , I : �\,```� \ ,��e�e+�t►�t'�v � Washington State i��=��rrrrr�r ��[ Deparunent of Revenue �� PO Box 47474 Olympia, WA 98504-7474 601003013 Certificate of Payment of State Excise Taxes by Public Works Contractor SOUND EXCAVATION INC CITY OF BREMERTON PUBLIC WORKS 3020 W SHERMAN HEIGHTS RD BRAD GINN BREMERTON WA 98312 4883 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 4839, LAFAYETTE 8—IN WATERMAIN EXT 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 that may be later determined to be due with respect to the above-mentioned contract or other activities. � Dated 1��1o'��q at Olympia, Washington, State of Washington Department of Revenue � �� G��-!�'��' , Certi ' Officer For tax assistance, visit dor.wa.gov or call 1-800-647-7706. To inquire about the availability of this document in an alternate format for the visually impaired , please call (360) 705-6715. Teletype (TTY) users may call 1-800-451-7985. .�,_.�.�. REV 31 0028 (10-01-02) � F��, � � -.�� ` � � ? �: �L O ' ��09 � � _ �-`��'�i��:`�.��iNG D9VISl��' � �..�.....o , — - o �� £ slerF OA4 � � � � � � 7 i � w � � �? JAN 19 Z0�0 .,+ , � �Y '� iBBV � STATE OF WASHINGTON � I�� y�s�S'QN DEPARTMENT OF LABOR AND INDUSTR�1�� CITY OF BREMERTON PUBLIC WORKS � UTIL ATTN: BRAD GINN 3027 OLYMPUS DR NE BREMERTON WA 98310-4799 Certificate of Release of the State's Lien on Public Works Contracts With this letter, the Washington State Department of Labor & Industries approves of your release or payment of the contract amount retained from the following contractor --- SOUND EXCAVATION INC 047,625-00 601 003 013 3020 W SHERMAN HEIGHTS RD BREMERTON WA 98312 --- related to the following public works contract: LAFAYETTE 8 INCH WATERMAIN EXTENSION 4839 In our opinion, all workers' compensation insurance premiums, increases, and penalties due to L&I from this contractor have been paid in full or are readily collectible without recourse to the state's lien on the retained percentage.** This letter's sole purpose is to communicate our release of the state's lien to the public official responsible for paying or authorizing the payment of public funds to the contractor named above. If we later determine that the contractor owes additional premiums related to the above-mentioned contract or other activities, the contractor is still liable for payment. Dated January 12, 2010 at Olympia, Washington. State of Washington Department of Labor 8� Industries Contract Releas Specialist `PATRICIA MCLAIN ' 360-902-5385 or MCLP235aLNI.WA.GOV ** Title 51 RCW authorizes L&I to collect workers' compensation insurance premiums, increases, and penalties. Chapter 60.28 RCW establishes L&I's priority regarding this lien. .� °r E r�t Sec�ri D� rt ent .. : WASHINGJON 5TATE - - - -- -- -----�------------ --- ____ - - - = CONTRACTOR: SOUND EXCAVATION INC ) CERTIFICATE OF 3020 W SHERMAN HEIGHTS RD ) PAYMENT OF CONTRIBUTIONS � '� LL " � BREMERTON; WA 98312 ) PENAL�TIES f\ND INTEREST ON � -' , ) PUBLIC WORKS CONTRACT ES Reference No: 617858-00 9 � TO: CITY OF BREMERTON PUBLIC WORKS 3027 OLYMPUS DR BREMERTON, WA 98310 _ The Employment_Security Department hereby certifies those contributions, penalties and interest due from the above nained contractor under'the Erriployment 5ecurity Act have been paid in fuii or ��-�� provided for with respect to the following public works contract: 4839 G 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 October 30, 2009. COMMISSIONER EMPLOYMENT SECURITY DEPARTMENT (Authorized Repres tative) Original—Disbursing Officer Duplicate—Employer Triplicate�entral Office Files - �� EMS 8449 760 R3-98 � �'J 0 5 ��3 � � ;0i1',9>�';;"�-.�t�^� ��,�en'r�,ss° � � t� 3 t W,�..._._.,�.:_��._.� r,......� . � , AFFIDAVIT OF PUBLICATION Account # 37922 AD# 20093361 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 SLJN; 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 an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit: A October 17, 2009 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 $39.86. This amount has not been paid in full. (Signature of Principal Clerk) Subscribed and sworn to before me this day of December 11, 2009. a ��.�� O . ��'��..•s�� N `` � ' �•�� Z .��fAltY •� : • . : Notary Public in and for the State of Washington, Kitsap County. -: ��a �= • �1� 0 • . � � �_ . ';n .� pU �� , �l' : .� NOTICE OF COMPLETION ' ��'9�1�`��'" • �� , '`''•-°��„�� Notice of Completion has been issued to Sound Excavation, Inc., for the Lafayette 8-inch Watermain Extension 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. Carol Etgen City Clerk 345 Sixth Street, Suite 600 Bremerton Washington 98337-1873 October 17, 2009 ...:...................AD #20093361 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4839 SOUND EXCAVATION INC Lafayette 8 Inch Water Main Extension Engineering LEG 12-1 07/20/2009 09/15/2009 09/01/2009 AFFIDAVIT OF PUBLICATION Account # 37922 AD# 254026 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 an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit: A October 17, 2009 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 ublication is the sum of $39.86. This, amount has not been paid in full., (Signature of Principal,Clerk) Subscribed and sworn to before me this day of November 4, 2009. �+ NOTARY Notary Public in and for the State of Washington, Kitsap County.•/ ! NIl11111111 1 �� NOTICE OF COMPLETION Notice of Completion has been issued to Sound Excavation, Inc., for the Lafayette 8 -inch Watermain Extension 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. Carol Etgen City Clerk 345 Sixth Street, Suite 600 Bremerton Washington 98337 -1873 October 17, 2009 .......................AD #20093361 I I I I I I I I I I I I I I I I I I I CONTRACT THIS AGREEMENT is dated the Itrt II day'of ~'1 by and between City of Bremerton (hereinafter called CITY) and ~ LI1c.:/ f .)L(!a v-~ l~ I' Tn/: (hereinafter called CONTRACTOR). in the year 2M 'I 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 CITY's Contract Documents entitled Lafayette 8-inch Watermain Extension. ARTICLE 2. CONTRACT TIMES. The WORK shall be completed within 40 working days from the commencement date stated in the Notice to Proceed. lime is of the essence as to each and every deadline set forth in this agreement. This provision has been specifically negotiated. 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, 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 1-07.2(1) of 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 ) '-City .ofBremerton Department of Public Works and Utilities CONTRACT -1 Lafayette 8-lnch Watermain Extension . Project No. 4a564365 May 28, 2009 I I I I I I I I I 'I I I I I I I I I, 1\ 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-7, inclusive) and the following attachments to this Contract: o Notice Inviting Bids, o Bidders Checklist, o Bid Proposal including the' Proposal Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits, . o Performance Bond, o Payment Bond, o Standard Specifications, o Special Provisions, o Contract Plans, o Addenda numbers to -, inclusive. 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 litle 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 qr 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 officials or employees. .C or Initials . City ofBremerton Department of Public Works and Utilities . " - Lafayette 8-lnch Watermain Extension Project No, 43564365 May 28, 2009 CONTRACT -2 I I I I I I I I I I I I I: I: Ii 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 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 in the Contract Documents. Ii I! ( \ I! . ,,"'CilyofBremerton Department of Public Works and Utilities CONTRACT -3 Lafayette 8-lnch Watennain.Extension Project No. 43564365 May 28, 2009 r t:, I' IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed the day and year first above written. ~( CITY: City of Bremerton C I'C ,- L fvfIv. ( b fiJ >> c. L, L By'0-e4_~~ Attest &4~ ~ir(W CONTRACTOR ~\ Ii Address for giving notices _345 S, x.*' tSt. 6+t- IpOO BY~e.Y+-On WJ\q~32>1 A ress for giving notices 303) l.u 5frrrnf..n tkJ5JdJ Rd &/~~, u:J-fI License No. 3:l..t...Mf:Il~ 2 Qg,3iz.. 1\ Ii I I I I I I I I I I I Agent for service of process: ,11"""" ", VA I" ,,'.....L cP- r~O '1, ...... (, r- .,...... 'A,', ... v . OR . 'v , ~ (') ."<>.? .4,7:"., /. ' .. ~ ,'0' ~'.;,z..-:, = 25 ;' (; E~L ". 0 ~ .0' C .. - ~ (/):. V~976 } ~ - . \ .... .... . . .... ,. .... -:", .... * ....~,.:- " ~ .......... -:\0 ,'" "" -4SHIN0 "" "'!",,"11'" City of Bremerton Department of Public Wor1<s and Utilities CONTRACT -4 .,', .' Lafayette 8-lnch Watermain Extension Project No. 4a564365 May 28, 2009