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HomeMy WebLinkAbout4520 +--------------------------------------------------------------------------+ =f=press Esc Key to Insert new record, Ctrl-Z to Clear form - - =f=press Del Key to Terminate Insert Mode - - =1= INSERT Contract Maintenance - - - - Contract Number 4520 =f= - - =f= =l=Vendor Name NORDIC CONSTRUCTION INC =f= =f=Subject SEISMIC UPGRADE - RESERVOIRS NO 21 & 22 =f= =f=Department PW - UTIL =1= =f=Status Code CON - - =f= Amount $90755.93 == =f= Begin Date 10/11/2005 =f= =1= Insurance End Date 01/31/2006 =f= -- Type Amount Review Date 02/15/2008 =f= == Press F1 for GL $2000000.00 =f= == valid insuranceAL $1000000.00 =f= == type codes =f= ;= Insurance Total $3000000.00 =f= J= Insurance Review Date 01/01/2006 =1= -- - . -- Comments VAULT 01/01/2008 -- =f= =f= =f= =f= +--------------------------------------------------------------------------+ ~/fh Public Works and Utilities Department - Administration 3027 Olympus Drive. Bremerton, WA 98310 . (360) 473-2327 . FAX (360) 473-5018 March 9. 2006 Fife Commercial Bank Attn: David Detweiler 5209 Pacific Highway E. Fife, W A 98424 RE: Release of Retainage for Public Works Contract Nordic Construction, Inc. Escrow/Retainage Account #0103005211 Dear Mr.Detweiler, Nordic Construction, Inc. has completed all work required under contract for the Reservoir 21 & 22 Seismic Upgrades project. Please release the retainage you are holding in escrow/retainage account #0103005211 to the contractor. Thank you for your services and your prompt attention to this matter. Sincerely, );IN ~ Mildred H. Vellegas, CPA PW & U Financial Manager cc: Nordic Construction, Inc. Paula Johnston, City Clerk Dan Miller, Project Manager Contract file "" CONSENT OF SURETY For Final Payment RESERVOIR 21 & 22 SEISMIC UPGRADE Proicet N:lme Location CITY OF BREMERTON, WASHINGTON Proier:t No. 4316 & 4317 Contrnct No. 4520 Type of Contract LUMP SUM Amount of Contract *83,569.00 In accordance with the provisiom of the abovp.-named conUacl betw~en the Owner 3nd the Contractor. the following named sur9~Y: Western Surety Company ,_0. 701 5th Avenue, Suite 1100 Seattle, WA 98104 l on the Payment Bond of tl'le followil)9 1),IIl)~d Contractor; NORDIC CONSTRUCTION, INC. 106 - 55th Avenue East Tacoma, WA 98424 hereby approve~of final payment to the Contfactor. and funher agrees that said final payment to the Contractor shall nOI relieve the Surew Comp~ny named herein of any of its oblig,lliQnsto the following named Owncr: as set forth in said SurclY comp,my's oond: City of Bremerton 345 6th Street. Suita 600 Bremerton, WA 98337 IN WI"!"NESS WHEREOF. theSurew Companv !"Ids I\ereunto set its htlflcl C1nd seal this 4 day of _Ja,nuary'.._ '2Q ~ Western Sure tv Company (Namc 01 SurclY CornpllflY) --:;:::'....::..;.."". ,..,", - ;:',(I\)1;x ctlq)or~I,I!: r .' - '~e;jj roerel " TITLE Attorney-in-Fact '><~~<"'\5 ). j , '/" ":':"~:;'l~~';"'/" '. NOTICE In accordance with the Terrorism Risk Insurance Act of2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To plincipals on bonds and insureds on certain insurance policies written by anyone or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company. Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, P A. The Firemen's Insurance Company ofNewarlc, NI, and The Continen~al Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Actwas Zero Dollars ~QOO~ . DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the . applicable surety/insurer deductible. . I Farm F7] 10 . , Western Surety Company ..'-' POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know AIl Men By These Presents, That WES1ERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Kip W Vandeventer, Karen Swanson, Stacy J Cutbirth, Lisa Kerstetter, Joanne Reinkensmeyer, Rolli Lagerquist, Simone U Me Guire, Individually of Tacoma, WA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WES1ERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 23rd day of May, 2003. WESTERN SURETY COMPANY ~ - ,.- --- .--., --- Paul . Bruflat, Senior Vice President State of South Dakota County of Minnehaha } ss On this 23rd day of May, 2003, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WES1ERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. November 30, 2006 +~~~~~~~~~~~~~~~~~~~~~~~~+ ~ D. KRELL ~ r r ~~NOTARY PUBLIC~~ . r~SOUTH DAKOTA~r r r +~~~~~~~~~~~~~~~~~~~~~~~+ ~ My commission expires CERTIFICATE Cf ~ ~_'-.J'i"/ L. Nels~l\1, ,~~istant Secretary Form F4280-01-02 venry worKers comp yremmm ~tatuS - bmplOyer LlaOl1ny cemncare yage 1 or 1 Washington State Department Of Labor and Industries Employer Liability Certificate Department of Labor and Industries Employer Liability Certificate Date: 03/06/2006 UBI #: 601 164241 Business Name: NORDIC CONSTRUCTION INC Legal Business Name: NORDIC CONSTRUCTION INC Account #: 557,637-00 'Doing Business As' Name: NORDIC CONSTRUCTION INC Quarterly Premium Reports: Quarter 4 of Year 2005 Workers' Comp Premium Status: Account is current. Firm has voluntarily reported and paid their premiums. Licensed Contractor? Yes Account Representative: TW 1 KARLA BOWMAN (360)902-5535 - E-mail: BOWK235@lni.wa.gov Industrial Insurance Information The information above shows the employer's industrial insurance (workers' compensation) premium status with the Department of Labor and Industries. Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be dl,le. Industrial insurance accounts have no policy periods, cancellation dates or limitations of coverage. (See RCW 51.12.050 and 51.16. 190.) https:llfortress.wa.gov/lni/crpsi/AcctInfoPrint. aspx? AccountId=5 5763 700&AccountManage... 3/6/2006 Washington State Department of Revenue PO Box 47474 Olympia, WA 98504-7474 601 164 241 Certificate of Payment of State Excise Taxes by Public Works Contractor NORDIC CONSTRUCTION INC 106 55TH AVE E TACOMA WA 98424 2426 CITY OF BREMERTON PUBLIC WORKS DAN MILLER 3027 OLYMPUS DR NE 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 #4520, RESERVOIR 21 & 22 SEISMIC UPGRADE 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 ~ \3 JOb at Olympia, Washington, State of Washington Department of Revenue C~~Of~ 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. TrY users ffiaycall 1 -800-45 1 -7985.' . REV 310028 (10-01-02) ROUTING: Disbursing Officer, Contractor, File, Special File ,:-- - Employment Security Department WASHINGTON STATE PO Box 9046 · Olympia, WA 98507-9046 RECEiVED JAN 2 '7 2006 DEPT OF PUBLIC WORKS AND UTIUT!F.:: CONTRACTOR: Nordic Construction Inc. 106 - 55th Ave. E Tacoma, W A 98424-2426 ) CERTIFICATE OF ) PAYMENT OF CONTRIBUTIONS ) PENAL TIES AND INTEREST ON ) PUBLIC WORKS CONTRACT ES Reference No. 666268-003 TO: City of Bremerton Public Works - Attn: Dan Miller 3027 Olympus Dr. Bremerton, W A 98310 The Employment Security Department hereby certifies that 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: 4520 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. ""'r .. ":" 1._ .,.. -'.. -~ i-' '.... > ~'(: Dated at Olympia, Washington on January 26,2006. COMMISSIONER EMPLOYMENT SECURITY DEPARTMENT B'wn ~ f7 P- i3 avu M .J Authori (i Representative (360) 902-9680 Original-Disbursing Officer Duplicate-Employer Triplicate-Central Office Files -' . EMS 8449 760 R3-98 ('.:-': ;L' C._' bt::n~'tn',-:,~ 'E!'Hr~ .nHG'r...."-:[ 1:\lH..-.-q ~'~':':j""\ ~'\c; Tqrt;':~ :rr::~f~.TTn]nr;n f(~ I' . f 1 ~.\:~ '. . ~ : .~ ~ ['.~ . ": .~~:~. c(.;:~ . j .~. ' C\.. . . ;J:'}l"C :";' ,"i,i :.~'J!-:_ 1C> ('::J~: ,-~:-~}H~..-~:=,.~ AFFIDA VIT OF PUBLICATION Account #42742 / Ad # 100182769 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: , December 24, 2005 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 $28.15, which amount has not been paid in full. SeLWv~~ Lo{Q/9_~ (Signature of Principal Clerk) Subscribed and sworn to before me this day of December 30,2005. J u' Notary Public in and for the State of Washington, Kitsap County. City of Bremerton' NOTICE OF FINAL COMPLETION' Notice of final completion has been filed with the City of Bremerton on Thursday, December 22, 2005 by Nordic Construction, Inc., Tacoma, Washington for Contract No. 4520 - Reservoir No. 21 & 22 - Seismic Upgrade Projects.- Any parties having a claim for materials, labor or damages with reference to this contract have forty five (45) days from the date of publication of this notice to file a c1aim.- December 24, 2005"#100182769- / ;I~;I fs- //#~ Co#/LC7;::'''/ Jc.r~ ~~-r -c/UAI ~J'!/lf/L/G City of Bremerton NOTICE OF ANAL COMPLETION Notice of final completion has been filed with the City of Bremerton on Thursday, December 22, 2005 by Nordic Construction, Inc., Taco- ma, Washington for Contract No. 4520 - Reser- voir No. 21 & 22 - Seismic Upgrade Projects. Any parties having a claim for materials, labor or damages with reference to this contract have forty five (45) days from the date of pUbli- cation of this notice to file a claim. December 24, 2005 #100182769 CONTRACT RESERVOIR 21 & 22 SEISMIC UPGRADE (Page 1 of 5) This agreement, made and entered into m triplicate, this II day of (/~~ -- , 20 t? d , by and between the City of Bremerton, hereinafter called the City, and ' #~L;:; G,AJ ..r?7Ld c:7i~...z;:Yc- ~ , hereinafter called the Contractor: Wrtnesseth: That in consideration of the tenns 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 perform all work and furnish all labor, tools, materials and equipment for the Reservoir No. 21 & 22 - Seismic Upgrade. All work to be in accordance with and as described in the attached plans, General Provisions, Special Provisions and the 2004 Standard Specifications for Road, Bridge and Municipal Construction (English), which are by this reference incorporated herein and made a part hereo~ and shall perform any alterations in or additions to the work provided under this Contract and every part thereof Contractor shall begin the work within ten (10) calendar days after the date that written NOTICE TO PROCEED is issued to the Contractor by the City. The Contractor shall complete the work no later than eighty (80) calendar days after the date that NOTICE TO PROCEED is issued. If said work is not completed within the time specified, the Contractor agrees to pay to the City an amount in accordance with Section 00100, Part 1-2.06(E) of these Contract Documents for each calendar day said work remains incomplete after expiration of the specified times as liquidated damages. The Contractor shall provide and bear the expense of all equipment, tools, material and labor of any sort whatsoever that may be required fur the transfer of materialS and for construction and completing the work provided for in this Contract and every part thereo~ except such as are mentioned in the specifications to be furnished by the City. 4316 & 4317-BREMERTON-RESERVOIR No. 21 & 22 Bidders Checklist & Bid/Contract Forms Seismic Upgrade 0030IJ..17 CONTRACT (Page 2 of 5) II. The City hereby promises and agrees with the Contractor to employ and does employ the Contractor to provide the materials and to do and cause to be done the above descnbed work to complete and finish the same according to 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 approved bid as attached hereto incorporated by reference, at the time and in the manner and upon the conditions provided for in this Contract. ID. The Contractor for himself: and for his heirs, executors, administrators, successors, and assigns, does hereby agree to fulfill the performance of all covenants herein contained upon the part of the Contractor. IV. It is further provided that no liability shall attach to the City of Bremerton by reason of entering into this Contract, except as expressly provided herein. V. INDEMNIFICATION Contractor shall defend, indemnifY and hold the City, its officers, officials, employees, agents, volunteers and assigns harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance. of this contract, except for nyuries and damages caused by the sole negligence of the City. 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 contract 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 officers, 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 THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CON1RACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF TIllS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration or termination of this Contract. VI. INSURANCE l11e Contractor shall procure and maintain, during the term of construction and throughout the specified term of maintenance, insurance of the types and in the amounts 4316 & 4317-BREMERTON-RESERVOIR No. 21 & 22 Bidders Checklist & Bid/Contract Forms Seismic Upgrade 00300-18 CONTRACT (Page 3 of 5) descnbed below against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, sub-consultants and/or subcontractors. Before beginning work on the project descnbed in this contract, the Contractor shall provide a Certificate of Insurance evidencing: 1. Automobile-Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General. Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal iJ1jury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operationslbroad form property damage; explosion, collapse and underground (XCV); and employer's liability. 3. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate. " The insurance must refer to the project DaJ ne, project location and contain a brief description of the project. Any payment of deductible or self insured rete rrtion shall be the sole responsibility of the Contractor. The City, its officers, officials, employees, ag:mts and volunteers shall be named as an additional insured on the insurance policy, as 11 ~ts work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against: whom claiJ n is made or suit is brought, except with respects to the limits of the insurer's liability. The Contractor's insurance shall be primary it lSlIDU1Ce as respects the City,. and the City shall be given thirty (30) calendar days prior witten notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. Proof of coverage shall be provided to the City ,m the form of a Certificate of Insurance and shall include additional insured endorsements as evidence of coverage. The City also reserves its unqualified right to require, at any time and for any reason, proof of coverage in the form of a duplicate of the insurance p llicy with all endorsements as evidence of coverage. Approval of required insurance is a Ixmdition precedent to the execution of this Contract. 4316 & 4317-BREMERTON-RESERVOIR No. 21 & 22 Bidders Checklist & Bid/Contract Forms ~~ Seismic Upgrade if t 00300-19 ~ CONTRACT (Page 4 of 5) VII. TERMINATION The City may terminate this Contract without n )tice for good cause. "Good cause" shall include, without limitation, anyone or more oftLe following events: A. The Contractor's failure to supply sufficient skilled workers or suitable materials or equipment. B. The Contractor's failure to prostcute the work with such diligence as will ensure its physical completion within the original physical completion time specified in this Agreement and any extensions of time which may have been granted to the Contractor b~ r change order or otherwise. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankr Ilptcy or becoming adjudged bankrupt. F. The Contractor disregards the authority of the City. G. The Contractor performs wor.k. which deviates from the Contract, and neglects or refuses to correct rej~ ~cted work. H. The Contractor's failure to provide continuous competent supervision. 1. The Contractor otherwise viola tes in any material. way any provisions or requirements of t~ contract. If the City terminates this Contract for good cause, the Contractor shall not receive any monies due under this Contract, if any, until the Contract work is completed. VIII. WARRANTY The Contractor shall correct all defects in worilllanShip and materials within one (1) year from the date of the Contractor's acceptance of the City's final payment under this contract. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such c<: Irrection is completed and accepted by the City. The Contractor shall begin to correct an'if defects within seven (7) calendar days of . its receipt of notice from the City if the defect. If the Contractor does not accomplish the . corrections Within a reasonable time, the Ci ty may complete the corrections and the Contractor shall pay all costs by the City in order to accomplish the correction. 4316 & 4317-BREMERTON-RESERVOJR No. 21 & 22 Bidders Checklist & Bid/Contract Forms Seismic Upgrade 00300-20 ~ ---- - ~~:" J I ~ CONTRACT (Page 5 of 5) ,; In witness whereof the parties hereto have caused this agreement to be executed the day and year first herein above written. CONTRACTOR AJO/L])r( GN5r7bj,-LT{(}fJ flUe By: ~ ()'lilIUliV S ~I(:L :' J Title: f {((2;5 (5) 00 'f' Date: /0-051J6 " ATTEST: J I ~ 4316 & 4317-BREMERTON-R,ESERVQIR No. 21 & 22 Bidders Checklist & Bid/Contract Forms i Seismic Upgrade 0030IJ..21 I .'