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Home My WebLink About4845 Contract Number: 4845 Vendor: SOUND EXCAVATION INC Subject: 2008 Watermain Improvements - Union Ave & Hilltop Ln Department: Engineering File Class: LEG 12-1 Begin Date: 07/17/2009 End Date: 10/31/2009 Review Date: 02/15/2012 Vault Date: O1/O1/2012 Comments : � ACCEPTANCE OF COMPENSATION & RELEASE OF ALL CLAIMS 2008 Watermain Improvements — Union Avenue and Hilltop Lane Project No. 4453 — City Contract No. 4845 Sound Excavation, Inc. hereby indicates agreement with, and acceptance of, the final Progress Payment and total Contract Price of $201,600.78, including Washington State sales and/or use taxes, and the final Contract Time of 90 working days, as full and final compensation for all Work performed in connection with Contract Number No. 4845, 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. Sound Excavation, Inc. By: Date: Title: o �,G ; q,q� 9 BL ) Certificate of Notary '.Fp . eER g.. Subscribed and sworn to before me this 3Qbh day of 4YJI , RECEIVED DEC 0 8 2009 ENGINEERING DIVISION AFFIDAVIT OF PUBLICATION Account # 37922 AD# 255058 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 November 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 $41.56. This amount has not been paid in full. ``��<< p SZq (Signature of Principal Clerk) :.4 o��S�� Subscribed and sworn to before me this day of December 4, 2009. _ �OP� M': Olt I.-AA JOS Notary Public in and for the State of Washington, Kitsap County. ' rS'T�'�' lit NOTICE OF COMPLETION Notice of Completion has been issued to Sound Excavation, Inc. for City Project No. 4453, City Contract No. 4845 for the 2008 Watermain Improvements - Union Avenue and Hilltop Lane. 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 November 17, 2009 ...................AD #20094478 Washington State tR ()gv,rtrtio r ! (if Department of Revenue evenue PO Box 47474 Olympia, WA 98504 -7474 RECEIVED • 60100301 DEC 3 12009 Certificate of Payment of State Excise ENGINEERING DIVISION Taxes by Public Works Contractor SOUND EXCAVATION INC CITY OF BREMERTON PUBLIC WORKS 3020 W SHERMAN HEIGHTSRD GUNNAR FRIDRIKSSON 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 4453, 2008 WATERMAIN IMPS — UNION AVE & HILLTOP LN 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 at Olympia, Washington, State of Washington Department of Revenue �j ti Certifying 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 310028 (10- 01 -02) Verify Workers' Comp Premium Status - Employer Liability Certificate Page 1 of 1 Washington State Department of Employer Liability Labor and Industries Certificate o � � Department of Labor and Industries Employer Liability Certificate Date: 06/04/2010 UBI #: 601 003 013 Legal Business Name: SOUND EXCAVATION INC Account #: 047,625 -00 'Doing Business As' Name: SOUND EXCAVATION INC Estimated Workers Reported: Quarter 1 of Year 2010 "7 to 10 Workers" (See Description Below) Workers' Comp Premium Status: Account is current. Firm has voluntarily reported and paid their premiums. Licensed Contractor? Yes License: SOUNDEI130K2 Expire Date: 5/22/2012 Account Representative: T1 / JAN BENTLEY (360)902 -4652 - Email: STRO235 @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 RCW 51.12.050 and 51.16.190) https: // fortress. wa. gov/ lni/ crpsi /AcctlnfoPrint.aspx ?Accountld= 04762500 &AccountManage... 6/4/2010 Employment Security r WASHINGTON STATE CONTRACTOR: SOUND EXCAVATION INC ) CERTIFICATE OF 3020 W SHERMAN HEIGHTS RD ) PAYMENT OF CONTRIBUTIONS BREMERTON, WA 98312 ) PENALTIES AND INTEREST ON PUBLIC WORKS CONTRACT ES Reference No. 617858-009 TO: CITY OF BREMERTON 3027 OLYMPUS 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: 4453 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 December 4, 2009. COMMISSIONER E ENT SECURITY DEPARTMENT By ' (Authorized Representative Original— Disbursing Officer Duplicate — Employer Triplicate — Central Office Files EMS 8449 760 R3 -98 AFFIDAVIT OF PUBLICATION Account # 37922 AD# 255058 STATE OF WASHINGTON COUNTY OF KITSAP 1, 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 November 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 pu ication is the sum of $41.56. This amount has not been paid in full. AarN" ` � p 04A (Signature of Principal Clerk) r f0 +r1E81py �•;�9'�.� Subscribed and sworn to before me this day of December 4, 2009. = NON _ wt 04 Public in and for the State of Washington, Kits Count ,' •,�S'p1','�,�0�` Notary rY g P NOTICE OF COMPLETION Notice of Completion has been issued to Sound Excavation, Inc. for City Project No. 4453, City Contract No. 4845 for the 2008 Watermain Improvements - Union Avenue and Hilltop Lane. 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 November 17, 2009 ...................AD #20094478 1 CONTRACT A \ THIS AGREEMENT is dated the /7-1 day of ...J U At by and between City of Bremerton (hereinafter called CITY) and Sound Excavation,Inc. (hereinafter called CONTRACTOR). in the year 20~ 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 indicaterl in the CITY's Contract Documents entitled 2008 Watermain Improvements - Union Avenue and Hilltop Lane. ARTICLE 2. CONTRACT TIMES. The WORK shall be completed within 90 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. 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(2) 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 #/r-r Contractor Initials City of Bremer/all CONTRACT -1 2008 Watermaill1mprovemems - Ullion Avenue and Hilltop Lane 7/16/20099:59 AM 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 number 1. 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 indemnify, defend, and hold harmless the CITY, ENGINEER, their consultants, subconsultants, and the officers, directors, employees, and agents of each and any of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY and/or the ENGINEER as further defined in the Contract Documents. The provisions of this section shall survive the termination of the contract. cf~r Initials ARTICLE 8.' ASSIGNMENT Cil)I of Bremer/oil CONTRACT -2 2008 Watermaill Improvemen/s - Union Avenue and HiII/op Lane 7//6120099:59 AM No assignment by a party hereto of any rights under or interests in the Contract DocumentG 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. 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. 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 e- C-l ~t.. II C Co N ,() 'C 1 L By C:::::;~ ~~~4/ Attest~~~ Address for giving notices <.3~.s yt, ~.J. vY JJ 1-t't~ .uh bOO ~tJA 9f<3a7 CONTRACTOR Sound Excavation. Inc. BYL~~"~ ~O~TE SEAL} Attest~ I Address fouJivina notices. Rd 3D~o W Snerman Helghts Bremerton WA 98312 License No. SOUNDEI 13 OK2 Agent for service of process: City of Bremerton CONTRACT .3 2008 Watermainlmprovements - Union Avenue and Hilltop Lane 7/16/20099;59 AM CONTRACT CERTIFICATE (if Corporation) STATE OFWashington ) ) SS: COUNTY OFKitsap ) I HEREBY CERTIFY that a meeting of the Board of Directors of the SOllnn RXr.;:::l\TrJt ion Tnr. a corporation existing under the laws of the State of Washington I held on , 2<Xl9 J the following resolution was duly passed and adoj:>ted: "RESOLVED, that Joseph Lockhart I as SOllnrl Exr.rJvrJ t i on ' R President of the Corporation, be and is hereby authorized to execute the Agreement dated ,2())2, by and between this Corporation and City of Bremerton and that his/her execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this . day of , 20~, (SEAL) "\\\"''':''1 ,\. CAV""' f,. " '-1-- "'(.'1.0""" .... ~ ....... 'A.', ~..~ "o'~i?OR-'l~',:~ -:;. ~ "" ;'0 ~ ". ~ ~ ~5:' SEAL ~0~ -(/). . - ~ ". 1976 : = , . - , . . ~ , -. ..:: -:., L:'. * ..' ~..... ',"1/"" ......... -:\0 .... ",,"SHING ",... ""'111111'" City of Bremer/on CONTRACT -4 2008 IV a/ermain !mprovemen's - Union Avenue and Hilltop Lane 7//6/20099:59 AM