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Home My WebLink About4849 Contract Number: 4849 Vendor: SOUND EXCAVATION INC Subject: Watershed Slides Repair Department: Forestry File Class: LEG 12 -1 Begin Date: 8/24/2009 End Date: 8/31/2010 Review Date: 4/1/2010 Vault Date: 9/1/2012 Comments: ACCEPTANCE OF COMPENSATION & RELEASE OF ALL CLAIMS Watershed Slopes Repair Project Nos. 4455 &4456 Sound Excavation, Inc. hereby indicates agreement with, and acceptance of $8,602.58 for retainage with the total Contract Price of $172,051.69 including Washington State sales and/or use taxes, and the final Contract Time of 30 working days, as full and -final compensation for all Work performe& connection with this Contract, 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. ti +s °►eeeeerrr ON By: Date: :' � ` O�'�s oiv M �U'�'% • Q� '` F AA G� Title: G/`7 o�� ®TA)Y ) 2 N m Certificate of Notary n Subscribed-and sworn to before me this �f� day of A 2616 ' Washington State (F P? Nftaltn! of Department of Revenue l e'venu'e PO Box 47474 Olympia, WA 98504 -7474 60100 Certificate of Payment of State Excise Taxes by Public Works Contractor JUN # 6 2010 GI Li 1 l l t SOUND EXCAVATION INC CITY OF BREMERTON PUBLIC WORKS 3020 W SHERMAN HEIGHTS RD EDUARDO H ABAN 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 WATERSHED SLIDES REPAIR — WATERSHED 5000 RD 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 r Department of Revenue CertifyiAdOfficer 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) STATF � , y fa. -y - AUG 2 3 2010 ,i STATE OF WASHINGTON _ p IO DEPARTMENT OF LABOR AND INDUSTRIES - CITY OF BREMERTON ATTN: EDUARDO ABAN 3027 OLYMPUS DRIVE BREMERTON WA 98310 Certificate of Release of the-State's Lien on Public Works Contract's 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: WATERSHED SLIDES REPAIR - WATERSHED 5000 ROAD 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 August 18, 2010 at Olympia, Washington. State of Washirjgton Depa tment of a 3 ies Contract Release Specialist WENDY MCCLEARY 360- 902 -5772 or MCWE235@LNI.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. Employment Security Department WASHING l C3N S11�f CONTRACTOR: SOUND EXCAVATION INC ) CERTIFICATE OF 3020 W SHERMAN HEIGHTS RD ) PAYMENT OF CONTRIBUTIONS BREMERTON, WA 98312 ) PENALTIES AND INTEREST ON PUBLIC WORKS CONTRACT L ® ES Reference No. 617858-009 TO: CITY OF BREMERTON 3027 OLYMPUS DR APR 2 2 201 BREMERTON, WA 9831 G DIVI110N 'File 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: WATERSHEDSLIDES REPAIR WATERSHED 5000 ROAD 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 fro►n 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 April 16, 2010. COMMISSIONER EMPLOYMENT SECURITY DEPARTMENT a12 (Authorized Repre ^tative) Original— Disbursing Officer Duplicate—Employer Triplicat Central Office Files EMS 8449 760 R3 -98 Contract Number: 4849 Vendor: SOUND EXCAVATION INC .C`..j'_'.j.i�'f;h"%'^'4Paii"� 5'�"�.�'"j.��:..� ��'1�:� g✓¢ � Subject: Watershed Slides Repair Department: Forestry File Class: LEG 12-1 Begin Date: 08/24/2009 End Date: 12/31/2009 Review Date: 04/Ol/2010 Vault Date: Comments: ',' CONTRACT CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON THIS AGREEMENT, made and entered into this~) day of ff:1~ ' 20Q!L, between the City ofBremerton under and by virtue of Title 35 RCW (cities as ended, and Sound Excavation, Inc. 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: 1. The Contractor shall do all work and furnish all tools, materials and equipment for the Watershed Slides Repair, 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 of Bremerton 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. N. The Contractor for himselflherself, and for hislher 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 of Bremerton by reason of entering into this Contract, except as provided herein. City of Bremerton Watershed Slides Repair LD-13 December 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 ofthis 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 INDEMNIFICA TION 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 ofBremerton the day and year first above written. Executed by the Contractor this / 7 :r~ day of Av~.r- , 20 &19' /~--~~- ------ - ~V~ ~-;'e:"1V~,.I ..I;..;v Contractor Executed by the Local Agency this Dl1i..t;V day of -0~,.u .A.LJ , 20 C11 ~r;; ;:"/Mef- City of Bremerton Approving Authority (SEAL) Approved as to form: BREMERTON CITY ATTORNEY City of Bremerton Watershed Slides Repair LD-14 December 2008