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HomeMy WebLinkAbout4531Contract Number: 4531 Vendor: SYNERGY CONSTRUCTION INC Subject: Harborside Park - Museum/Bldg 50 Renovation/Plaza Department: Econ Devel File Class: LEG 12-1 Begin Date: 12/01/2005 End Date: 09/30/2009 Review Date: 02/15/2011 Vault Date: 01/01/2011 Comments: Change Order approved by Resolution #3018-12/06 & Resolution #3038-10/07 AFFIDAVIT OF PUBLICATION Account # 42742 AD# 251386 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: August 13, 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 th sum of $39.86. This amount has not been paid in full. wni (Signature of Principal Clerk) pS2ATy,�i, �.•• '...•Aid ..g Subscribed and sworn to before me this day of August 19, 2009. i L a:.Olt4 Notary Public in and for the State of Washington, Kitsap County. syr Jam•., . 05. AM NOTICE OF FINAL COMPLETION Notice of final completion has been issued to Synergy Construction, Inc. for P.S.N.S. Memorial Plaza located at 201 Pacific Avenue, Bremerton, WA. 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 claim. Carol Etgen City Clerk 345 6th Street, Suite 600 Bremerton, WA 98337-1873 August 13, 2009 .......................... AD #20090477 OWNER ❑ CONSENT OF SURETY ARC141TECT ❑ TO FINAL. PAYMENT CONTRACTOR ❑ Conforms with the American Institute of SURETY Architects, AIA Document G707 08789160 OTHER ❑ TO OWNER: City Of Bremerton ARCI ITECT'S PROJECT NO.: fXama and address) 3027 Olympus Drive Bremerton, WA 98310 CONTRACT FOR: Construction PROJECT: Bremerton Harborside Park/BuildingCONTRACTDATED: 12/01/2005 (Nonmand addrees) 50 Museum Renovation and Addition/Memorial Plaza Bremerton, WA In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the Qnscrt naim and address (JSurojI Fidelity and Deposit Company of Maryland 999 3rd Avenue, Suite 3350 Seattle, WA 98104 ,SURETY, on bond of (lnscrt nacre and addmu of Coniracnrr) Synergy Construction, Inc. 14040 NE 181 st Street Woodinville, WA 98072 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Inseri name and address of Oivner) City of Bremerton 3027 Olympus Drive Bremerton, WA 98310 OWNER, as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: June 18, 2008 (lnserl in writing the inanth followed by the mairerie dare and year.) Fidelity and Deposit Company of Maryland (Styr h (Signature of t -ed representative) Attest: (Seal): Karen Swanson, Witness Peggy A. Firth, Attorney -in -Fact (Printed nmae and title) S-21341GEEF 111101 FRP Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S� df Maryland, by WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in u a 1 tority granted by Article 4�j r VI, Section 2, of the By -Laws of said Companies, which are set forth ou.-t1 rrd r e s1�Te ere�0 � -e hereby certified to be in full force and effect on the date hereof, does hereby nouni ¢iit a� ftanu A ERMAN, James B. BINDER Karen SWANSON Anne STRIEB f' 1�1�1$ ,T � , C. ALLEN, Peggy A. FIRTH and A. Noreen JACOBSEN 1 a ° as�ghofij;��t ue and lawful agent and Attorney -in -Fact, to make, execute, seal and d�v�i�s b �nii as its act and deed: any and all bonds and undertakings, and `,:� u 9n bf suc bgn �mgs in pursuance of these presents, shall be as binding upon said Companies, as fully hd atnpl to' i purposes, as if they had been duly executed and acknowledged by the regularly elected offs� �}ffCi zany at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued o� =l of Eric A. ZIMMERMAN, Kip W. VANDEVENTER, James B. BINDER. Karen SWANSON, Anne STRIEBY, Jennifer SNYDER, Julie R. MCGEE, Kami C. ALLEN, Peggy A. FIRTH, A. Noreen JACOBSEN, dated September 19, 2007. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 10th day of June, A.D. 2008. ATTEST: Df P psi J C1[� Mww �. ° SEAL b ia4e N. ..M„ + 7 I,1 A State of Maryland ss. . City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Gregory E. Murray Assistant Secretary By: William J Mills Vice President On this 10th day of June, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. G Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA -F 180-2849 Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA -F 180-2849 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do farther certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF. I have hereunto subscribed my name and affixed the corporate seals of the said Companies. this _ C� day of -C, assistant Secretary Washington Stl _ Department of ue 5- PO Box 47474 Olympia, WA 98504-7474 601 243 511 Certificate of Payment of State Excise Taxes by Public Works Contractor SYNERGY CONSTRUCTION INC CITY OF BREMERTON 14040 NE 181ST ST GARY SEXTON, ECONOMIC DEV DIR WOODINVILLE WA -98072 0000 345 SIXTH ST STE 600 BREMERTON WA 98337 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 DEVELOP HARBORSIDE PARK, BLD 50/MUSEUM RENOV/ADDN 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 deter -mined to be due with respect to the above-mentioned contract or other activities. Dated at Olympia, Washington, State of. Washington Department of Revenue Certifying fficer 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. TTY users may call 1-800-451-7985. . REV 310028 (10-01-02) ROUTING: Disbursing Officer, Contractor, File, Special File 40 Employment Securitjr Departriient WASHINGTON STATE PO Box 9046 • Olympia, WA 98507-9046 CONTRACTOR: SYNERGY CONST INC 14040 NE 181ST ST WOODINVILE, WA 98072 TO: CITY OF BREMERTON 345 6TH ST STE 600 BREMERTON, WA 98337 N CERTIFICATE OF PAYMENT,.OF,CONTRIBU.TIONS PENALTIES AND INTEREST ON PUBLIC WORKS CONTRACT ES Reference No. 696365-003 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: 4531 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 November 7, 2007. COMMISSIONER EIMPLOYMENT SECURITY DEPARTMENT (Authorized Representative) Original—Disbursing Officer Duplicate—Employer Triplicate—Central Office Files EMS 8449 760 R3-98 co Verify Workers' Comp PreStatus - Employer Liability Certifi 1 #0 Washington State Department of Labor and Industries Department of Labor and Industries Employer Liability Certificate Date: 10/12/2007 UBI #: 601 243 511 Legal Business Name: SYNERGY CONSTRUCTION INC Account #: 579,473-01 'Doing Business As' Name: SYNERGY CONSTRUCTION INC Page 1 of 1 Employer Liability Certificate Estimated Workers Reported: Quarter 2 of Year 2007 "Greater than 100 Workers" (See Description Below) Workers' Comp Premium Status: Account is current. Firm has voluntarily reported and paid their premiums. Licensed Contractor? License: Expire Date: Yes SYNERCI101 JQ 4/18/2008 Account Representative: TW / COLLEEN NELSON (360)902-4715 - Email: NELS235@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 or limitations of coverage. (See RCW 51.12.050 and 51.16.190.) https://fortress.wa.gov/lni/crpsilAcctInfoPrint.aspx?Accountld=57947301 &AccountMana... 10/12/2007 APPLICATION AND CERTIFICATE FOR PAYMENT TO ( OWNER) l Project APPLICATION NO: 22 -Retention -Rev Distribution to: The City of Bremerton Harborside Park 31 -May -08 © OWNER 345 6th Stree, Suite 600 Bremerton, WA ®ARCHITECT Bremerton, WA 98337 ARCHITECT'S ®CONTRACTOR PROJECT NO: FROM ( CONTRACTOR ) : ARCHITECT: SYNERGY CONSTRUCTION, INC. 14040 NE 181st St WOODINVILLE, WA 98072-6821 CONTRACT FOR: Construction of Park and Museum CONTRACT DATE : December 1, 2005 CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge, Application is made for payment, as shown below, in connection with the Contract. information and belief the Work covered by this Application for Payment has been completed Continuation sheet is attached. in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments 1. ORIGINAL CONTRACT SUM $ 6,068,225.27 received from the Owner, and that current payment shown herein is now due. ..................................... 2. Net change by Change Orders $ 0.00 3. CONTRACT SUM TO DATE $ 6,068,225.27 Contractor: SYNERGY CONSTRUCTION, INC. SYNERCI101JQ 4. TOTAL COMPLETEDISTORED TO DATE $ 6,068,225.27 ..................................... (Column G on attached sheet) By Date June 25, 2008 5. RETAINAGE:%oq a. 5% of Completed Work $ 0.00 State of: Washington Qoo. �Qk; (Column I on attached sheet) County of: King ' o �'i 8pG b. 0% of Stored Material $ Subscribed and sworn to before me this aS day of © 20 Total Retainage (Line 5a+5b) $ 0.00 Notary Public n Commission �f 6. TOTAL EARNED LESS RETAINAGE $ 6,068,225.27 Expires. (Line 4 less Line 5 Total) t Q� 4oa0 '1lt/��14��.���a 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from previous Certificate) $ 5,816,880.20 8. CURRENT PAYMENT DUE $ 251,345.07 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Column H + I on attached sheet) $ 0.00 CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Total changes approved in previous months by Owner 0.00 0.00 Total approved this Month 000 0.00 TOTALS 0.00 0.00 NET CHANGES by Change Order 0.00 ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on-site observations and the data comprising this application, the Architect certifies to the Owner that to the best of the the Architect's knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. AMOUNT CERTIFIED------------------------------------- $ (Attach explanation if amount certified differs from the amount applied for. Initial all figures on this Application and on the Continuation Sheet that are changed to conform to the amount certified). ARCHITECT: By: Date: This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. APPLICATION AND CERTIFICATE FOR PAYMENT PROJECT NAME: PAGE 2 OF 2 PAGES Harborside Park, Bremerton WA APPLICATION NUMBER: ARCHITECTS PROJECT NO: 22 -Ret -Rev NO. A Cost Code DESCRIPTION OF WORK B SCHEDULED VALUE C WORK COMPLETED PREVIOUS THIS APPLICATIONS - APPLICATION D E STORED TOTAL MATERIALS COMPLETED & STORED TO DATE G (C+E+F) % BALANCE RETAINAGE TO FINISH H(C-G) I 1 General Conditions (HARPAR) 559,797.00 559,797.00 559,797.00 100.0% 2 MUSEUM (HARMUS) 1601 Tools & Equipment 12,600.00 12,600.00 12,600.00 100.0% 1651 Inspectlons ` 5,000.00 r 5,000;005,000.00 100.0% 1700 ;Utility Hookup Fees 40,962.00" 40,962.00,, 40,962.00 100.0% 1705 Clean all phases 5,385.00 5,385.00 5,385.00 1000% 2050 Demolition 152,500.00 152,500.00 152,500.00 100.0% 2072 Misc. Demolition 6,338.00 6,338.00 6,338.00 100.0% 2210 Excav & Grading 45,153.00 45,153.00 45,153.00 100.0% 2511 Paving Asphalt 21,847.00 21,847.00 21,847.00 100.0% 2584 Paving Parking Lines 250.00 250.00 250.00 100.0% 2900 Block/retaining walls 3,034.00 3,034.00 3,034.00 100.0% 3000 Concrete 229,091.16 229,091.16 229,091.16 100.0% 3316 Conc- Fill Pan Stairs 1,431.00 1,431 00 1,431.00 100.0% 5000 Structural Steel 99,845.00 99,845.00 99,845.00 100.0% 5210 Structural - Joist & Deck 21,000.00 21,000 00 21,000 00 100.0% 5300 Installation of Structural steel 80,000 00 80,000.00 80,000.00 100.b% 5400 Railings 16,669.00 16,669.00 16,669.00 100.0% 5516 Steel Stair - 32,275.00 32,275.00 32,275.00 100.0% 5810 Expansion Joint 25,470.00 25,470.00 25,470.00 100.0% 6000 Rough Framing Misc. Framing 26,546.00 26,196.00 26,546.00 26,196.00 26,546.00 26,196.00 100.0% 100.0% 6001 Fasteners - Frame Anchors/steel strapping 34,054.00 34,054.00 34,054.00 100.0% 6100 Rough Carpentry 1,609.00 1,60900 1,609.00 100.0% 6100 Ext Walls 2 x 6 x 8 Studs 1,609.00 1,609.00 1,609.00 100.0% 6105 Joist 4,376.00 _ 4,376.00 4,376.00 100.0% 6106 Frame Partition 2x4 (mbf) 22,254.00 22,254.00 22,254.00 100.0% 6112 Stud Framing 11,425.00 11,425.00 11,425.00 100.0% 6114 Subfloor 5/8" Cdx Plywood 11,263.00 11,263.00 11,263.00 100.0% 6116 Wall Sheathing 1/2" 38,228.00 38,228.00 38,228.00 100.0% 6410 Casework -Plastic Laminate-wainscott -20,098.00 -20,098.00 -20,098.00 100.0% 6480 Wood Decking 16,680.00 16,680.00 16,680.00 100.0% 7140.01 Waterproof 6,500.00 6,500.00 6,500.00 100.0% 7412 Roof Hatch 1,024.00 1,024.00 1,024.00 100.0% 7460 Siding- Cement Board 48,804.00 48,804.00 48,804.00 100.0% 7512 BUR Membrane 45,056.00 45,056.00 45,056.00 100.0% 7620.01 Sheetmetal - Flashing 18,430.00 18,430.00 18,430.00 100.0% 7900 Sealants & Caulking 1,651.00 1,651.00 1,651.00 100.0% 8000.01 Doors -18,245.00 -18,245.00 -18,245.00 100.0% 8411 Storefront and Windows 112,957.00 112,957.00 112,957.00 100.0% APPLICATION AND CERTIFICATE FOR PAYMENT PROJECT NAME: PAGE 2 OF 2 PAGES Harborside Park, Bremerton WA APPLICATION NUMBER: ARCHITECTS PROJECT NO: 22 -Ret -Rev NO. Cost A Code DESCRIPTION OF WORK B SCHEDULED VALUE C WORK COMPLETED PREVIOUS THIS APPLICATIONS APPLICATION D E STORED TOTAL MATERIALS COMPLETED & STORED TO DATE G (C+E+F) % BALANCE RETAINAGE TO FINISH H(C-G) I 8610.01 Wood Windows move to new opening 638.00 638.00 638.00 100.0% 8620 Sky Lights 1,216.00 1,216.00 1,216.00 100.0% 8800 Vision Lights 425.00 42500 425.00 100.0% 8831 Framed Mirrors 419.00 419.00 419.00 100.0% 9250 Drywall 14,596.00 14,596.00 14,596.00 100.0% 9000 LGSF -17,000.00 -17,000.00 -17,000.00 100.0% 9000.02 Drywall at shear wall window build out 1,200.00 1,200.00 1,200.00 100.0% 9685 Flooring 894.00 894.00 - 894.00 100.0% 9910.01 Preasure wash wood siding 697.00 697.00 697.00 100.0% 10430 Signage 7,382.00 7,382.00 7,382.00 1000% 10523 Fire Ext DryChem 51b 1,151.00 1,151.00 1,151.00 100.0% 14001 Elevators Sub 64,074.00 64,074.00 64,074.00 100.0% 15300 Fire Sprinkler System 28,525.00 28,525.00 28,525.00 100.0% 15400 Plumbing 75,140.00 75,140.00 75,140.00 100.0% ; Plurr bing'Design-,_' ; - ` ` _ _ .... ;:13;000 00=w_ _s.e... 13,000-00- 13,000.00 100.0% 15500 y.. H V A C System 181,805 00 181,805.00 181,805.00 100.0% HVAC Design 11,500.00•: -fie p.• X11500.00 11,500.00 100.0% 16001 Electrical 425,345.00 425,345.00 425,345.00 100.0% Electrical Des ign,,• :., 27,500.00 27;500.00 27,500 00 100.0% 01136 ` Pe�rnits 1 ,, -s Y;,18;288.0026$:00'x„: ' 18,288.00 100.0% PARK (HARS HO) 2201 ,'` Inspections/testing 9,127.50'3 : -9,127.50 9,127.50 100.0% 2201 Storm catch basins 6,125.00 6,125.00 6,125.00 100.0% 2201 Clean outs 185.38 185.38 185.38 100.0% 2201 Storm line 195.85 195.85 195.85 100.0% 2210 Excav - Site Grading (inlucing removal of underground vauli 49,128.00 49,128.00 49,128.00 100.0% 2510 Paver Granite Block material 183,658.00 183,658.00 183,658.00 100.0% �.,� .. Pave�Grariite=installation_„` a 103,100:00, 103,1,00;00 103,100.00 100.0% 2510 Pavers at Play area 6,837.20 6,837.20 6,837.20 100.0% 0.00 .; ...•-.,,.sok Pai:gt;playarea installation ve n, _ ,iT'b' ... ;•,i�� .1'1;480x00' 11,480.00; v`' 11,480.00 100.0% 2863 Play area 876.30 876.30 876.30 100.0% 3100 Rock sculpter 75,924.38 75,924.38 75,924.38 100.0% Engineering for Rock sculptor - - 702.62•; 702:62; F': 702.62 100.0% 2950 Specimen Trees 58,658.00 58,658.00 58,658.00 100.0% 3400 Concrete Pre cast walls 93,865.00 93,865.00 93,865.00 100.0% 3400 Concrete Pre cast pavers xtra ordered by city 1,010.00 1,010.00 1,010.00 100.0% 3300 Concrete Fountains & pump house 263,858.19 263,858.19 263,858.19 100.0% Concrete Fou ntain:engineenng 6,751.81' ,6,761.61' 6,751.81 100.0% 3310 Poncrete for Grand stairs footing 4,071.00 4,071.00 4,071.00 100.0% APPLICATION AND CERTIFICATE FOR PAYMENT PROJECT NAME: PAGE 2 OF 2 PAGES Harborside Park, Bremerton WA APPLICATION NUMBER: ARCHITECTS PROJECT NO: 22 -Ret -Rev NO, Cost A Code DESCRIPTION OF WORK B SCHEDULED VALUE C WORK COMPLETED PREVIOUS THIS APPLICATIONS APPLICATION STORED TOTAL MATERIALS COMPLETED & STORED TO DATE % BALANCE RETAINAGE TO FINISH H(C-G) I 3320 Concrete for curbs and rail footings 151.00151.00 151.00 100.0% 3450 Grand stair Concrete Pan Stair (each) 9,232.00 9,232.00 9,232.00 100.0% 5312 Deck Metal Open 3 " at fountain 2,443.00 2,443.00 2,443.00 100.0% 5517 Grand stairs 44,000.00 44,000.00 44,000.00 100.0% 5705 Handrail Steel At overlook 18,917.00 18,917.00 18,917.00 100.0% 5710 SS Rail at grand stairs 60,238.80 60,238.80 60,238.80 100.0% 5712 Ornamental Sheetmetal 47.00 47.00 47.00 100.0% 5713 Ladders for fountains 5,353.00 5,353.00 5,353.00 1000% 5750 Fountain Weir 112,908.00 112,908.00 112,908.00 100.0% 5750 Copper splash tiles 223,000.00 223,000.00 223,000.00 100.0% 6117 Roof Sheathing 5/8 " 3,392.00 3,392.00 3,392.00 100.0% APP Membrane 4mm Thick 2,230.00 2,23000 2,230.00 100.0% 7600 Flashings/Gutters 1,057.00 1,057.00 1,057.00 100.0% 8110 Metal Doors 21029.00 2,029.00 2,029.00 100.0% 9910 Paint Ext Galv 2 Coat 556.00 556.00 556.00 100.0% 15400 Plumbing (Lump Sum) 168,226.00 168,226 00 168,226.00 100.0% 15450 Fountain Equipment (includes super shooter) 459,000 00 459,000.00 459,000.00 100.0% Fountain; Design (We, flDesign) 93,500.00' , 93;500.00 93,500.00 100.0% 154,56,Wet Design job site meeting xi 2,402.60, 2,402.60 2,402.60 100.0% 15500 1 HVAC Systems (Lump Sum) 19,250.00 19,250.00 19,250.00 100.0% 16001 Electrical Fountain and lighting 229,442.00 229,442.00 229,442.00 100.0% 01136 ° Permits, ,c� 3,716.00 3,716.00 3,716.00 100.0% ENTRY PLAZA (HARENT) 2210 Subgrade Fine grade +/- Aft 19,268.00 19,268 00 19,268.00 100.0% 2210 Finish grade - Base Or Level 5,075.00 5,075.00 5,075.00 100.0% 2510 Paver Granite Block at walk 10,156.26 10,156.26 10,156.26 100.0% 2510 Paver granite at courtyard 25,140.00 25,14000 25,140.00 100.0% 2950 Navy set back 10,000.00 10,000.00 10,000.00 100.0% 3000 Parchee Sail (PARSAI) 38,837.00 38,837.00 38,837.00 100.0% Added cost to hoisting 5,819.35 5,819.35 5,819.35 100.0% 16001 Electrical (Lump Sum) 15,000.00 15,000.00 15,000.00 100.0% 19001 Remove gate at entrance 175.00 175.00 175.00 100.0% UPPER PLAZA (HARPLA) ..,15450 Fountains (Schematic;Design) 1,§,700.00', '`18,700.OD° 18,700.00 100./o 0 Change Order #2 Additional Cost to supply power to Tunnel 1 30,293.02 30,293.02 30,293.02 100.0% Change Order #3 003 Additional handrail work for Fairweather 3,956.00 3,956.00 3,956.00 100.0% APPLICATION AND CERTIFICATE FOR PAYMENT PROJECT NAME: ' Harborside Park, Bremerton WA PAGE 2 OF 2 PAGES APPLICATION NUMBER: ARCHITECTS PROJECT NO: 22 -Ret -Rev NO. Cost A Code DESCRIPTION OF WORK B SCHEDULED VALUE C WORK COMPLETED PREVIOUS THIS APPLICATIONS APPLICATION D E STORED TOTAL MATERIALS COMPLETED & STORED TO DATE G (C+E+F) % BALANCE RETAINAGE TO FINISH H(C-G) I 004 - Add up lighting at sculptor look out circle 2,339.00 2,339.00 2,339.00 100.0% 006 Wet Design Reimbursable 4,350.00 4,350.00 4,350.00 100.0% 007 Conduit for speaker 3,000.00 3,000.00 3,000.00 100.0% 008 Install pavers at the play area 13,150.00 13,150.00 13,150.00 100.0% 009 Wet Design Reimbursable April 2007 3,073.00 3,073.00 3,073.00 100.0% 011 Pump house grating, pricing to come later 923.00 923.00 923.00 100.0% 012 Work by Exeltech for CA (RFI's) 2,483.00 2,48300 2,483.00 100.0% 013 Extra post at the end of the mezzanine from the gap betweer 649.00 649.00 64900 100.0% 014 Additional plates required for the structural first floor designe 340.00 340.00 340.00 100.0% 015 Roof penetration at building 50 roof HVAC not design on the 100.0% 018 Revisions to the structural plans required changes to SK -1, e 1,00400 1,004.00 1,004.00 100.0% 019 Per the revisions to the structural plans by engineer, SK -4 ad 1,160.00 1,160.00 1,160.00 100.0% 020 Per the revisions to the structural plans by engineer, Tube StE 2,335.00 2,33500 2,335.00 100.0% 022 cutting base plate, holes too small - 1/16" overage (last desig 320.00 320.00 320.00 100.0% 023 Add clips to columns 12a and 12b, (Totem) 240.00 240.00 240.00 100.0% 024 Add web plates to 5 beams, #17f (Totem) 120.00 120.00 120.00 100.0% 025 Lower wf 15b, 15a, add clip 16f, move clip 16g (Totem) 440.00 440.00 440.00 100.0% 026 Weld wall support angle, (Project cost) 240.00. 240.00 240.00 100.0% 027 Weld cap plate on sub fin. (Project Cost) 120.00 120.00 120.00 100.0% 028 Additional Dbl. doors at Museum 1 st and 2nd floor 2,445.00 2,445.00 2,445.00 100.0% 029 Window tinting at 1st floor bathroom 300.00 300.00 300.00 100.0% 030 Additional PSE service conduit 1,370.00 1,370.00 1,370.00 100.0% 031 Supply fans @ first Floor and 2nd floor toilets 808.00 808.00 808.00 100.0% 033 3 Additional telephone @ 3rd Floor 608.00 608.00 608.00 100.0% 034 Deletion installation of 4 Type V1 3B Light -2,065.00 -2,065.00 -2,065.00 100.0% 036 Deletion of electrical scope in previously deleted walls -6,493.00 -6,493.00 -6,49300 100.0% 037 Electrical outlet in fountain room 411.00 411.00 411.00 100.0% 038 . Switching in fountain room 2,598.00 2,59800 2,598.00 100.0% 039 Wall sconce in fountain room 1,38800 1,388.00 1,388.00 100.0% 040 Additional switch in fountain room 430.00 430.00 430.00 100,0% 041 Walls to create fountain room foyer 759.00 759.00 759.00, 100.0% 042 Additional doors (3) in 1st floor museum corridor 2,506.00 2,506.00 2,506.00 100.0% 045 1 New roof hatch at stairwell at addition 788.00 788.00 788.00 100.0% 046 Eliminate steel stairs, $18k of $37k budget -15,580.00 -15,580.00 -15,580.00 100.0% 047 Eliminate wood decking at Building 50 entry and replace with -12,818.00 -12,818.00 -12,818.00 100.0% 051 Eliminate a portion of signage from budget -5,476.00 -5,476.00 -5,476.00 100.0% 052 Credit flooring allowance in line item 09685 line item. -894.00 -894.00 -894.00 100.0% 053 ACT ceiling at addition entry. 528.00 528.00 528.00 100.0% 057 Credit back Owner for utility fees -40,962.00 . -40,962.00 -40,962.00 100.0% 058 Credit back owner for asphalt paving -21,847.00 -21,847.00 -21,847.00 100.0% APPLICATION AND CERTIFICATE FOR PAYMENT PROJECAAME. Harborside Park, Bremerton WA PAGE 2 OF 2 PAGES APPLICATION NUMBER: ARCHITECTS PROJECT NO: 22-Ret-Rev NO. A Cost Code DESCRIPTION OF WORK B SCHEDULED VALUE C WORK COMPLETED PREVIOUS THIS APPLICATIONS APPLICATION D E STORED TOTAL MATERIALS COMPLETED & STORED TO DATE G (C+E+F) % BALANCE RETAINAGE TO FINISH H(C-G) I 059 Credit back owner for parking lines -250.00 -250.00 -250.00 100.0% 060 Install kitchen in basement 221,272.00 221,272.00 221,272 00 100.0% 061 Higher quality carpet that was bid in budget. 13,485.00 13,485.00 13,485.00 100.0% 062 Eliminated Steel stair in addition, carpet required over wood 1 1,691.00 1,691.00 1,691.00 100.0% 063 Floor prep for building 50 due to uneven floor of old building. 99000 990.00 990.00 100.0% 064 Eliminated wainscot and paint with an epoxy paint. -2,752.00 -2,752.00 - -2,752.00 100.0% 065 Deduct paint on deleted walls. -2,667.00 -2,667.00 -2,667.00 100.0% 066 Exterior color change requested by owner and historical soci 9,297.00 9,297.00 9,297.00 100.0% 070 Set and paint bollards. 260.00 260.00 260.00 100.0% 071 Additional granite pavers 54,870.00 54;870.00 54,870.00 100.0% 072 Set additional pavers. 48,000.00 48,000.00 48,000.00 100.0% 073 Add balance of electrical scope to contract 8,185.00 8,185.00 8,185.00 100.0% 074 Furnish and install granite countertops and backsplash in 1st 1,790.00 1,790.00 1,790.00 100.0% 075 Add brackets for structural steel framing per Exeltech revisioi 535.00 535.00 53500 100.0% 082 Sand set pavers from park up west side of museum to entry 23,600.00 -23,600.00 23,600.00 100.0% 083 Credit for actual square footage of pavers installed in walkwa -6,481.00 -6,481.00 -6,481.00 100.0% 086 Removal of doors and hardware in basement and stairwells -11,095.00 -11,095.00 -11,095.00 100.0% 089 Concrete pavers at play area - 5,60600 5,606.00 5,606.00 100.0% 090 Additional General Conditions For Synergy 20,000.00 20,000.00 20,000.00 100.06% 093 Added inspections cost 1,395.00 1,39500 1,395.00 100.0% 094 Credit Navy setback to owner -10,000.00 -10,000.00 -10,000.00 100.0% 097 Portion of steel.stair removal, $3.4k of $37k budget -2,960.00 -2,960.00 -2,960.00 100.0% 098 Portion of steel stair removal, $1.9k of $37k budget -1,691.00 -1,691.00 -1,691.00 100.0% 100 Delete Card readers, door contacts and request to exit devic -8,099.00 -8,099.00 -8,099.00 100.0% 104 Credit Bond and insurance from CO#1 & CO#2 -9,285.00 -9,285.00 -9,285.00 100.0% Insurance, B&O Tax 2,871.00 2,871.00, 2,871.00 100.0% Overhead 1% 48,671.72 48,671.72 48,671.72 100.0% Fee 3% 147,475.86 147,475.86 147,475.86 100.0% 75 Bond _ 51,728.27 51,728.27 51,728.27 100.0% z73 108 CO #4 120,064.13 120,064.13 120,064.13 100.0% 76 Washington State Tax 271,802.87 295,603.87 -23,801.00 271,802.87 100.0% Total 6,068,225.27 6,092,026.27 -23,801.00 6,068,225.27 100.0% 0.00 AFFIDAVIT OF PUBLICATION Account # 42742 / Ad # 213355 STATE OF WASHINGTON COUNTY OF KITSAP I, Christy Moffitt, 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: October 1, 2007 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 $32.56 which amount has not been paid in full. UV (Signature of Principal Clerk) J . O Subscribed and sworn to before me this day of October 05, 2007 OT Notary Public in and for the State of Washington, Kitsap County. cry A)(; NOTICE OF FINAL COMPLETION O-" AS Notice of final completion has been issued to Synergy Construction, Inc., for Harborside Fountain Park and Building 50/Museum Remodel and Addition located at 251 First Street, Bremerton, WA. 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 claim. Carol Etgen City Clerk 345 Sixth Street, Suite 600 Bremerton, Washington 98337-1873 October 1, 2007........................AD #20051883 RESOLUTION NO. 3 0 3 S A RESOLUTION of the City Council of the City of Bremerton, Washington, approving a change order to the Harborside Fountain Park, Heritage Museum and Events Addition and Memorial Plaza contract to implement the Memorial Plaza phase of the project. WHEREAS, The City and Synergy Construction, Inc. entered into a contract on December 1, 2005 for the development of Harborside Fountain Park, Heritage Museum and Events Addition and Memorial Plaza; and WHEREAS, this contract was modified pursuant to Resolution 3018 to implement the Heritage Museum and Events Addition phase of the project; and WHEREAS, the parties now desire to enter into a change order to the contract in the amount of $2,350,000 to implement work to be performed within the scope of the contract relating to the Memorial Plaza; and WHEREAS, expenditures in the form of a change order in the amount of $2,350,000 for completion of the project are reasonable and necessary; and WHEREAS, pursuant to Section 2.76.110 of the Bremerton Municipal Code, City Council must approve change orders of an aggregated value exceeding $200,000 for contracts greater than $500,000; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Approval. Pursuant to Bremerton Municipal Code 2.76.110, the City Council authorizes and approves entry into a change order totaling $2,350,000 for the Synergy Harborside Fountain Park, Museum and Fountain Room and Memorial Plaza contract previously entered into on December 1, 2005 and modified pursuant to Resolution 3018. The Economic Development Director is authorized to execute any and all documents to implement this change order. SECTION 2. New Fund Created. Further the City Council authorizes and approves creation of a new fund for the Harborside Plaza and Commons Capital Improvement Project and authorizing expenditures of $750,000 in 2007 for work to be performed within the scope of the contract in order to complete the project. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not 1 of 2 Harborside Park Change Order 10/2007 affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this / ztj 1� day of (.r .-a-1 {A_, 2007. APPROVED AS TO FORM: ILL MAUPIN, C uncil Pre�nt ATTEST: R GE A. LUBOVICH, Cit CAROL E GEN, City Jerk RALegal\L.egal\Res utions\Economic Development\Harborside Park-MemPlazaCO Resol.doc 2 of 2 Harborside Park Change Order 10/2007 Contract Number 4531 Vendor SYNERGY CONSTRUCTION INC Subject Harborside Park - Museum/Bldg 50 Renovation/Plaza Department Econ Devel Status Code CON File Class LEG 12-1 Amount $6254200.00 Begin Date 12/01/2005 End Date Review Date 05/01/2007 Insurance GL $2000000.00 Insurance Total $3000000.00 AL $1000000.00 Insurance Review Date 11/01/2006 E&O $ Comments Change Order approved by Resolution #3018 - 12/06 I RESOLUTION NO. 30 ( 12) A RESOLUTION of the City Council of the City of Bremerton, Washington, approving entry into change order related to the Harborside Fountain Park and Heritage Museum and Events Addition. WHEREAS, The City and Synergy Construction, Inc. entered into a contract on December 1, 2005 for the development of Harborside Fountain Park and Heritage Museum and Events Addition; and WHEREAS, the parties desire to enter into a change order to the contract in the amount of S 1,750,000 for work to be performed within the scope of the contract; and WHEREAS, expenditures in the form of a change order in the amount of $1,750,000 for completion of the project are reasonable and necessary; and WHEREAS, pursuant to Section 2.76.110 of the Bremerton Municipal Code, City Council must approve change orders of an aggregated value exceeding $200,000 for contracts greater than $500,000; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Approval. Pursuant to Bremerton Municipal Code 2.76.110, the City Council authorizes and approves entry into a change order totaling $1,750,000 for the Synergy Harborside Fountain Park and Heritage Museum and Events Addition contract previously entered into on December 1, 2005 for work to be performed within the scope of the contract in order to complete the project. SECTION 2. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. n PASSE by the City Council of the City of Bremerton, Washington this 62 day of , 2006. c Ci'—Z�i►'L���% CECIL MCCONNELL, Council President Harborside Fountain Park Change Orden APPROVED AS TO FORM: ATTEST: R ER A. LUBOVICH, ' y orney - A U 4LA J R:\Legal\Legal\Resolutions\Economic Development\Harborside Park Change Orders.doc TON, City Clerk Harborside Fountain. Park Change Order +--------------------------------------------------------------------------+ +Enter Search Criteria, Press Esc Key to Transmit 71 +Press Del Key to Terminate Delete Mode T t CHANGE Contract Transactions =6 Contract Number 4531 endor Name ubject epartment tatus Code Comments SYNERGY CONSTRUCTION INC HARBORSIDE PARK - MUSEUM/BLDG 50 RENOVATION/PLAZA ECON DEVEL CON Amount $4504200.00 Begin Date 12/01/2005 Insurance End Date Type Amount Review Date 03/01/2007 GL $2000000.00 AL $1000000.00 Insurance Total $3000000.00 Insurance Review Date 11/01/2006 +---------------------------------------------------------------------------r GENERAL CONTRACTORICONSTRUCTION MANAGER CONTRACT This CONTRACT made as of the ,t day of , 2005. BETWEEN the (City) City of Bremerton 345 6t" Street, Suite 600 Bremerton WA 98337 And the General Contractor/Construction Manager (GC/CM) Synergy Construction, Inc. 14040 NE 181st Street Woodinville, Washington 98072 For the following project: Bremerton Harborside Park/Building 50 Museum Renovation and Addition/Memorial Plaza The City and the GC/CM agree as follow: RECITALS 1. The City will be the owner and/or controls certain real estate located in the City of Bremerton as described in Exhibit A located east of PSNS, south of Burwell Street, north of Sinclair Inlet, and west of the BCT, First Street and Pacific Avenue. 2. The project is development of Bremerton Harborside Park, renovation of Building 50 as a museum with an approximately 12,000 sq. ft. addition and Memorial Plaza as shown in concept drawing as set forth in Exhibit B. ARTICLE 1 SCOPE OF WORK (a) GC/CM shall perform all of the work necessary for the construction of the Project in accordance with this Contract, the design documents as hereafter approved by the City, maximum allowable construction cost (MACC) the fixed fee for specified general conditions attached hereto, and in accordance with applicable building laws and regulations, safety regulations, and certain governmental regulations, including compliance with NEPA, Davis -Bacon where applicable, and with State Prevailing Wages. (b) Development of Final Plans and Specifications. The GC/CM shall assist, review and comment in the preparation of Final Plans and Specifications for the Public Structures in accordance with the project. The Final Plans and Specifications will be issued in phases to correspond with the fast track construction schedule. Critical Path shall be as approved by the City Director of Economic Development. When the Final Plans and Specifications and Critical Path have been approved by the City, they shall be incorporated into this Contract. ARTICLE 2 TIME OF COMPLETION The work shall be ready for final inspection and acceptance on a schedule jointly approved by the parties. ARTICLE 3 CONTRACT SUM The City shall pay the developer under this Contract the Contract Sum of Four Million Five Hundred Three Thousand Two Hundred Dollars ($4,503,200.00) consisting of a) the construction costs (excluding the design fees) not to exceed the maximum allowable construction cost (MACC) in the sum of Three Million Six Hundred Fifty Thousand ($3,650,000.00); b) the fixed amount for the detailed specified general conditions work (attached); and c) bid fee which is the 4% percentage amount to be earned by the GC/CM as overhead and profit on the actual construction cost and the fixed amount for general condition work. ARTICLE 4 PAYMENT OF CONTRACT SUM (a) Progress Payments. The GC/CM shall submit to the City on or before the last day of each month a "Project Application for Payment" signed by GC/CM. The Project Application for Payment shall request payment of a specified dollar amount, using a Schedule of Values based upon the agreed project schedule. Along with each application for payment to the City, the GC/CM shall deliver its Conditional Lien Waiver and Indemnity Against Liens. Each Project Application for Payment shall include a proportionate share of general conditions fee and overhead and profit percentage fee. The City shall withhold retention in accordance with RCW 60.28. (b) Payment Procedures. The City shall pay all approved portions of Application for Payment on or before the last business day of the thirtieth (30) day of the following calendar month, so long as the City shall have received the Project Application for Payment on or before the last business day of the preceding calendar month. (c) Final Payment. Payment of the full Contract Sum shall be due thirty (30) days after Final Acceptance and Submittal of the Final Application for Payment by GC/CM . The Application for Final Payment shall include a conditional full and final lien release of all claims 2 by the GC/CM, along with conditional final lien releases executed by all consultants, subcontractors, and suppliers. (d) Interest. Interest shall accrue at the rate of twelve percent (12%) per annum on any amounts which The City fails to timely pay to GC/CM under the terms and conditions of this Contract. ARTICLE 5 CHANGES IN THE WORK (a) Changes Permitted. The City, without invalidating this Contract, may order changes in the Work within the general scope of this Contract, consisting of additions, deletions or other revisions to the Cost of the Work. ARTICLE 6 GUARANTY BOND The GC/CM shall furnish a labor and materialmen's bond as required by RCW 39.08. The GC/CM shall also furnish a bond covering its faithful performance of this Contract and the payment of all obligations arising thereunder with regard to PubliWork. ARTICLE 7 CORRECTION OF WORK AND GUARANTY (a) Correction of Work. If during or after the period of construction the Work or any portion thereof is found to be defective or not in accordance with the Contract Documents, the GC/CM shall correct it promptly after receipt of notice from the City to do so unless the City has previously given the GC/CM written acceptance of such condition with full awareness of such deficiency or deficiencies. The City shall give such notice promptly after discovery of the condition and shall confirm any verbal notice with written notice promptly after the verbal notice. All such defective or nonconforming work shall be corrected or removed from the site, if necessary, and the Work shall be corrected to comply with the Contract Documents. (b) Guaranty. The GC/CM guarantees the Work for a period of one (1) year after the Date of Final Acceptance. Extended warranties for such longer period(s) of time as may be prescribed by the terms of any applicable special guarantee(s) required by the Contract Documents shall be provided by the applicable manufacturer, vendor, or subcontractor as required by the Contract Documents. Any guarantee work shall be done in accordance with the requirements above as to correction, repair or replacement of work during the construction period. The GC/CM further represents that the materials and equipment included within the Work shall be of good quality and new unless otherwise specified or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will be in conformity with the requirements of the Contract 3 Documents. Work not in conformity with the above requirements and failure of the Work to be in compliance with the Final Plans and Specifications may be considered defective. Any claims made by the City shall be made in writing and within a reasonable period of time after the defect is discovered. ARTICLE S INSURANCE AND BONDS (a) Developer's Liability Insurance. The GC/CM shall purchase and maintain such insurance as will protect it from claims set forth below which may arise out of or result from GC/CM's operations under this Contract, whether such operations be by the GC/CM, by any subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. (1) Claims under workers, compensation, disability benefits, and other similar employee benefit acts; (2) Claims for damages arising out of bodily injury, occupational sickness or disease, or death of its employees; (3) Claims for damages arising out of bodily injury, sickness or disease, or death of any person other than its employees; (4) Claims for damages insured by usual personal injury liability coverage which are sustained by (i) any person as a result of an offense directly or indirectly related to the employment of such person by Developer, or (ii) any other person; (5) Claims for damages arising out of injury to or destruction of tangible property, including loss of use resulting there from, and (6) Claims for damages because of bodily injury or property damage arising out of the ownership, maintenance or use of motor vehicles. (b) Insurance Limits. The insurance required by Subparagraphs (a) (3), (a) (4), (a) (5) and (a) (6) of this Article 8 shall be written for limits of liability not less than Two Million and No/100 Dollars ($2,000,000.00) combined single limit coverage for bodily injury and property damage on an occurrence basis. The liability insurance to be carried by GC/CM shall be commercial general liability insurance including the following additional coverages: (1) Premises and operations (including XCU coverages); (2) Independent developer's protective, products and completed operations, personal injury with employment exclusion deleted, contractual coverage, and broad form 4 property damage including completed operation, worker's compensation insurance and employer's liability insurance. (3) Errors and omissions insurance. Evidence of insurance reasonably acceptable to the City (such as certificates of insurance) shall be filed with the City prior to commencement of the Work. The GC/CM need not supply copies of the actual policies. Certificates of insurance shall contain a provision that coverages afforded under the policies will not be cancelled or materially modified until at least ten (10) days prior written notice has been given to the City. ARTICLE 9 MISCELLANEOUS PROVISION (a) Supervision and Construction Procedure. GC/CM shall supervise and direct the Work and shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under this Contract. (b) Labor and Materials. Unless otherwise specifically noted, the GC/CM shall provide and pay for (subject to provisions herein relating to payment by the City) all labor, materials, equipment, tools, construction equipment and machinery, water, temporary heat, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work. All materials shall be new unless otherwise specified, and all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these standards will be considered defective. If required by the City, and upon its written request therefore made within one (1) year of the Date of Final Acceptance, the GC/CM shall furnish reasonable evidence as to the kind and quality of materials and equipment. (c) Taxes. The GC/CM shall pay all sales, consumer, use and other similar taxes required by law, all as part of the Cost of the Work. (d) Permits and Fees. Unless otherwise provided in the Contract Documents, the GC/CM shall secure all building permits (except environmental permits) and all governmental building fees and licenses necessary for the proper execution and completion of the Work which are applicable at the date of this Contract. (e) Notices. The GC/CM shall give all notices and comply with all building laws and regulations. If the GC/CM observes that any of the Contract Documents are at variance therewith in any respect, it shall promptly notify the City, in writing, and any necessary changes shall be adjusted by appropriate modification. In the event that during the performance of this Contract by the GC/CM there is any change in the applicable building laws and regulations which are in force as of the date hereof, the GC/CM shall give the City written notice of such change promptly after the GC/CM becomes aware of the promulgation of such new law or regulation. Such notice shall include the GC/CM's estimate of the impact (if any) of such change on the Contract Time and the Contract Sum; (f) Superintendent. The GC/CM shall employ a competent superintendent who shall be in attendance at the project site at all reasonable times during the progress of the Work. (g) Responsibility of GC/CM. The GC/CM shall be responsible to the City for the acts and omissions of all of its employees and all subcontractors, their agents and employees, and all other persons while performing any of the Work under a Contract with the GC/CM. (h) Drawings and Specifications at Site. The GC/CM shall maintain at the site for the City one copy of all drawings, specifications, addenda, approved shop drawings, change orders and other modifications in good order and marked to record all changes made during construction. The drawings marked to record all changes made during construction shall be delivered to the City within ninety (90) days of the Date of Final Acceptance.. (i) Cleaning Up. The GC/CM, at all times, shall keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Work, the GC/CM shall remove all its waste materials and rubbish from and about the project as well as all of its tools, construction equipment, machinery and surplus materials. 0) Indemnification. The GC/CM shall indemnify, defend and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses,. including reasonable attorneys' fees, arising out of or resulting from the performance of the Work, to the extent and in the percentage caused by any negligent act or omission of the GC/CM, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, and which involves bodily injury, sickness, disease or death, or injury to or destruction of tangible property (other than the Project itself and its contents), including the loss of use resulting there from. The City shall indemnify, defend and hold harmless the GC/CM from and against all claims, damages, losses and expenses, including reasonable attorney fees arising out of or arising from the City's negligence. (k) Written Notice. Written notice shall be deemed to have been duly served if delivered in person to the individual or, if delivered by nationally recognized overnight courier (such as Federal Express) or sent by registered or certified mail, to the following address: If to GC/CM: Synergy Construction, Inc. ATTN: Larry Stewart, Executive Vice President 14040 NE 181St Street Woodinville, Washington 98072 If to City: City of Bremerton 3456 1h Street, Suite 600 Bremerton WA 98337 ATTN: Gary Sexton rel or at such other address as the parties may hereafter designate by written notice to the other. (1) Termination of Contract by the City. If the GC/CM should fail to commence the Work in accordance with the provisions of the Contract Documents or fail to prosecute diligently the Work to completion in a diligent, efficient, workmanlike, skillful and careful manner and in accordance with the provisions of the Contract Documents, or fail, except in cases of excused delay, to supply an adequate amount of properly skilled workmen or materials or equipment to complete the Work in accordance with the requirements herein, persistently disregard laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or fail to make prompt payments to its subcontractors, materialmen or laborers, as required by the appropriate subcontract, except as to claims for payment for material or labor used in the Work, the validity of which the GC/CM is contesting in good faith by appropriate action diligently pursued, then the City shall have the right, after giving the GC/CM and its surety, if any, fourteen (14) days written notice (and failure of the GC/CM to cure or commence to cure with due diligence such matter within 7 calendar days of receipt of said notice), (i) terminate this agreement, (ii) take possession of and use all or any part of the GC/CM materials, equipment, supplies and other property of every kind used by the GC/CM in the performance of the Work and use such property in the completion of the Work, or (iii) complete the Work in any manner it deems reasonably appropriate and desirable, including engaging the services of other parties. Any such act by the City shall not be deemed a waiver of any right or remedy of the City. If after exercising any such remedy, the reasonable cost to the City of the performance of the balance of the Work is in excess of that part of the MACC which has not theretofore been paid to the GC/CM hereunder, the GC/CM shall be liable for and shall reimburse the City for such excess, on demand. (m) Inspection. The City and its representative shall at all times have access to the Work whenever it is in preparation or progress, and the GC/CM shall permit and facilitate inspection of the Work by the City, its agents, and public authorities concerned with such work. (n) Safety Precautions. The GC/CM shall take reasonable precautions for the safety of its employees on the Work, and shall comply with all applicable provisions of federal, state and municipal safety laws to prevent accidents or injury to persons on, about or adjacent to the site of the Work. The GC/CM shall erect and properly maintain, at all times, as required by the conditions and progress of the Work, reasonable safeguards for the protection of workmen and the public. (o) Authorized Representatives. Gary Sexton, City Director of Economic Development, shall be the City's designated representative on the project described in this Contract, and shall have authority to act or respond on the City's behalf concerning all matters which require the City's approval, consent, decision or other action under this Contract. Robert Walker, shall be the GC/CM representative on said project, and he shall have the authority to act or respond on the GC/CM behalf concerning all matters which require the GC/CM `s approval, consent, decision or other action under this Contract. I (p) Authority. The respective persons signing this Contract represent and warrant that they have the power and authority to execute this Contract on behalf of the City or the GC/CM, as applicable, and to bind the City or the GC/CM, as applicable, herein. ARTICLE 10 SUCCESSORS This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. ARTICLE 11 TIME LIMITS AND JURISDICTION For the convenience of the parties to this Contract it is mutually agreed by the parties that any claims or causes of action which GC/CM has against the City arising from this Contract shall be brought within 180 calendar days from the date of final acceptance of this Contract by the City; and it is further agreed this Contract shall be interpreted and construed in accordance with the laws of the State of Washington and that any such claims or causes of action shall be brought only in the Superior Court of Kitsap County. The parties understand and agree that the GC/CM's failure to bring suit within the time period provided shall be a complete bar to any such claims or causes of action. It is further mutually agreed by the parties that when any claims or causes of action which GC/CM asserts against the City arising from this Contract are filed with the City or initiated in court, GC/GM shall permit the City to have timely access to any records deemed necessary by the City to assist in evaluating the claims or action. ARTICLE 12 PRIORITY OF CONTRACT DOCUMENTS To the greatest extent possible, the various Contract Documents shall be construed consistently, so as to complement each other. Any inconsistency between any provision of one of such documents and another shall be resolved, except as otherwise provided therein, by giving priority to said documents in the following order: (i) The Contract (with any exhibits attached) with modifications thereto of later date having priority of those with earlier dates; (ii) The Final Plans and Specifications, when approved; (iii) The Preliminary Plans and Specifications. The foregoing documents are the Contract Documents. ARTICLE 13 TIME IS OF THE ESSENCE The GM/CM and the City agree that time is of the essence of this Contract. ARTICLE 14 ENFORCEABILITY If any provision of this Contract shall be invalid or unenforceable to any extent, the remainder of this Contract and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written. CITY OF BREMERTON By: Cary Bozeman Its: Mayor Date: /o---% ` e> -s Approved as to Form: Bremert City Attorney SYNERGY CONSTRUCTION, INC. Lar art Its: Executive Vice President Date: November 18, 2005 A ttect 9 DETAILED SPECIFIED GENERAL CONDITIONS WORK Temp Power Distribution Temp Power Services Temp Heat and Ventilation Temp Tele & Fax with Radios Water Service Jobsite Office -setup, clean up Office Equip & Supplies Temp Toilets Dumpsters Parking/Month/Person Safety Equipment/Supplies Gas & Maintenance Small Tools Progressive Clean Up Final Clean Up B&O Taxes Liability Insurance Contingency/Misc. Bid Fixed Amount for General Condition Work GC/CM Overhead GC/CM Fee BUDGET $ 230,500.00 $ 81,120.00 $ 76,050.00 $ 10,000.00 $ 1,500.00 $ 500.00 $ 3,500.00 $ 16,000.00 $ 7,500.00 $ 19,500.00 $ 10,500.00 $ 9,500.00 $ 3,600.00 $ 10,800.00 $ 2,250.00 $ 6,500.00 $ 10,350.00 $ 9,000.00 $ 5,400.00 $ 12,600.00 $ 65,000.00 $ 7,300.00 $ 25,032.00 $ 23,650.00 $ 32,382.60 $ 680,034.60 � ^ ` ` i ' ' ' �o | � .011 IM, � � \ ( F ƒ ( | | � f i; � a / � \ ƒ , { 11Z \ . . All { \ � � \ ( F ƒ ( | | � f i; �l / � \ ƒ 11Z \ . . All { \ � f 0 3 / y § q , ) � ( ( \ z iF � ) � % ¥ �l