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Subject
Department
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Amount
Begin Date
End Date
Review Date
Insurance
Comments
Contract Number 4562
BERSCHAUER PHILLIPS CONSTRUCTION CO
POLICE STATION REMODEL & ADDITION
ECON DEVEL
CON File Class LEG 12-1
$2065314.00
07/10/2006
01/27/2007
02/15/2009
GL $ 2000000.00
AL $ 1000000.00
E&O
Insurance Total
Insurance Review Date
$3000000.00
7/1/07
Change Order expenditures approved by Resolution
#3017 12/06
Vault 01/01/09
GARY SEXTON
REDEVELOPMENT PROJECTS ADMINISTRA TOR
gary.sexton@ci.bremerton.wa.us
January 7, 2008
Darryl Fortner
Venture Bank
721 College Street SE
Lacey, Washington 98503
Re: Escrow No. 103028841
Berschauer Phillips Construction Company (Contractor)
and the City of Bremerton (Owner/Agency)
Project: Bremerton Police Remodel and Addition
This is to inform you that Berschauer Phillips Construction Company (Contractor) has met the
criteria to release the retained percentage for the above named Escrow Account. A copy of
that agreement is enclosed for your reference.
We are hereby instructing you to release the full amount of $97,347.95 to Berschauer Phillips
Construction Company.
If you should need any additional information, please contact us.
Enclosure
cc: ~arol Etgen, City Clerk, City of Bremerton
Cathy Johnson, Finance Officer, City of Bremerton
Tim McGuire, Berschauer Phillips Construction Company
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Escrow No.
103028841
Agency City of Bremerton
345 Sixth St, Suite 600
Bremerton, W A 98337
Contract No.
ESCROW AGREEMENT
To:. Venture Bank
Branch: Lacey
Address: 721 College St SE
Lacey, W A 98503
The undersigned, Berschauer Phillips Construction Co. hereinafter referred to as the Contractor,
has directed Owner, hereinafter referred to as the Agency, to deliver to you its checks which shall
be payable to you and the Contractor jointly. Such checks are to be held and disposed of by you
in accordance with the following instructions and upon the terms and conditions hereinafter set
forth.
INSTRUCTIONS
1. The agency shall deliver to you from time to time checks payable jointly to you and
the Contractor. You are hereby authorized by the Contractor to endorse in the Contractor's name
any such check so that you may receive the proceeds thereof and invest the same. The power of
endorsement hereby granted to you by the Contractor shall be deemed a power coupled with an
interest and shall be irrevocable during the term of this escrow and without recourse to you.
Although you may be a payee named in such checks as shall be delivered to you, your duties and
responsibilities with respect to the same shall be only those duties and responsibilities which a
depository bank would have pursuant to Article 4 of the Uniform Commercial Code of the State
of Washington for an item deposited with it for collection as of the date such check shall be
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delivered to you. The proceeds from collections shall be used by you to purchase, Certificates of
Deposit as directed by the Contractor, with terms and rates approved by you and the Agency.
The certificates purchased by the Contractor, approved by the Agency and purchased by
you must mature on or prior to the date set for the completion of the Contract, including
extensions thereof or thirty days following the final acceptance of said improvement or work.
2. When and as interest on the certificates held by you pursuant to this agreement accrues
and is paid, you shall pay interest directly to the certificate until maturity, unless with your
written consent you are otherwise directed in writing by the Contractor.
3. You are not authorized to deliver to the Contractor all or any part of the funds held by
you pursuant to this agreement except in laccordance with written instructions from the Agency.
The Agency shall inform you and keep you informed in writing of the name. of the person or
persons with authority to give you such written instructions. Compliance with such instructions
shall relieve you of any further liability related thereto. The estimated completion date on the
contract underlying this Escrow Agreement is January 2007. Upon request by you, the Agency
shall advise you in writing of any change in the estimated completion date. If the estimated
completion date changes, you are authorized to reinvest the monies held hereunder in accordance
with the new estimated completion date.
4. In the event the Contractor orders you to do so in writing, and not withstanding any
other provisions of this agreement, you shall, within thi11y-five (35) days of receipt of such order,
reconvert into money the certificates held by you pursuant to this agreement and return such
money together with any other monies, including accrued interest on such certificates, held by
you hereunder, to the Agency.
5. The Contractor agrees to pay you as compensation for your services hereunder as
follow:
Waived
Payment of all fees shall be the sole responsibility of the Contractor and shall not be
deducted from any property placed with you pursuant to this agreement until and unless the
Agency directs the release to the Contractor of the certificates and monies held hereunder
whereupon you shall be granted a first lien upon such property releases and shall be entitled to
reimburse yourself from such property for the entire amount of your fees and any unanticipated
amount which might be owing as provided for herein.
In the event that you are made a party to any litigation with respect to the property held by
you hereunder, or in the event that the conditions of this escrow are not promptly fulfilled or that
you are required to render any services not provided for in these instructions or that there is any
assignment of the interests of this escrow or any modification hereof, you shall be entitled to
reasonable compensation for such extraordinary services from the Contractor and reimbursement
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from the Contractor for all costs and expenses, including attorney fees occasioned by such
default, delay, controversy or litigation.
6. Should you at any time and for any reason desire to be relieved of your obligations as
escrow holder hereunder, you shall give written notice to the Agency and Contractor. The
Agency and Contractor shall, within 20 days of the receipt of such notice, jointly appoint a
successor escrow holder and instruct you to deliver all funds held hereunder to said successor. If
you are not notified of the appointment of the successor escrow holder within 20 days, you may
return subject matter hereof to the Agency and upon so doing; it absolves you from all further
charges and obligations in connection with this escrow.
7. This agreement shall not be binding until executed by the Contractor and the Agency
and accepted by you.
8. This instrument contains the entire agreement between you, the Contractor and the
Agency with respect to this escrow and you are not a party to nor bound by any instrument or
agreement other than this; you shall not be required to take notice of any default or any other
matter, nor be bound by nor required to take notice or demand, nor required to take action
whatever except as herein expressly provided; you shall not be liable for any loss or damage not
caused by your own negligence or willful misconduct.
9. The foregoing provisions shall be binding upon the assigns, successors, personal
representatives and heirs of the parties hereto,
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The undersigned have read and hereby approve the instructions as given above governing the
administration of the escrow and do hereby executed this agreement of this
day of , 2006.
"
Under penalties of perjury, I (we) certifY (I) that the number shown on this fonn is my (our) correct taxpayer identification number, and (2) that I (we) am not subject to
backup withholding because (a) I (we) have not been notified that] (we) am subject to backup withholding as a result of a failure to repOli alf interest or dividends, or
(b) the Intemal Revenue Selvice has notified me (we) that I (we) are no langei subject to backup withholdmg, (If the Intemal Revenue Service has notified the payee
that she/he is subject 10 backup withholding delete (2) above,)
Contractor's TIN
91-1319904
Berschauer Phillips Construction Co.
(Contractor)
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City of Bremerton
(Agency)
By
By
PO Box 11489
Olympia, W A 98508
(Address)
The above escrow instructions received and accepted this
LO 1M day of~J{,,/ , 20 ~ G
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evenue
Washington State
Department of Revenue
PO Box 47474
Olympia, WA 98504-7474
600 604 496
Certificate of Payment of State Excise
Taxes by Public Works Contractor
BERSCHAUER PHILLIPS CONSTRUCTION INC
PO BOX 11489
OLYMPIA WA 98508 1489
CITY OF BREMERTON
GARY SEXTON, ECONOMIC DEV DIR
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
4562, BREMERTON POLICE BLDG REMODEL
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 conti"actor from liability for additional tax that may be later
determined to be due with respect to the above-mentioned contract or other activities.
Dated {;1 L 11 L Clo0()7 at Olympia, Washington,
I I
O {g~~n~1E ~
I I
J 0 2007 I
State of Washington
Dep ment of Revenue
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
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~'tate of W.{lShington
Department of Revenue
PO Box 47474
OlympiaWA 98504-7474
Contractor's Tax Registration No. (UBI No.) 600604496
Date 11/20/07
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
From:
Assigned To
City of Bremerton
Attn: Gary Sexton
345 Sixth St., Ste 600
Bremerton, WA 98337
Date Assigned
Description of Contract Contract Number
Bremerton Police Building Remodel 4562
Contractor's Name Telephone Number
Berschauer Phillips Construction, Inc. 360-754-5788
Contractor's Address
PO Box 11489, Olympia, WA 98508
Date Work Commenced Date Work Completed Date Work Accepted
7/10/06 2/1/07 2/14/07
Surety or Bonding Company
Safeco Insurance Company
Agent's Address
PO Box 34526, Seattle, W A 98124
Notice is hereby given relative to the completion of contract or project described below
Contract Amount
Additions
Reductions
$ 1,502,477.00
$ + 444,482.00
$ - 0.00
Liquidated Damages
$
0.00
Sub-Total
Amount of Sales Tax Paid at 8.6 %
(1fvarious rates apply, please send a breakdown.)
TOTAL
$ 1,946,959.00
$ 167,438.47
Amount Disbursed
Amount Retained
$ 2,017,049.51
$ 97,347.95
$ 2,114,397.47
TOTAL
$ 2,114,397.46
Comments: Revised Notice due to late
submittal of last pay application.
Contact Name Gary Sexton, Economic Development Director
Phone Number 360-473-5282
E-mail Addressgary.sexton@ci.bremerton.wa.us
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue,
PO Box 47474, Olympia, W A 98504-7474, immediately after acceptance of the work done under this contract. NO
PAYMENT SHALL BE MADE FR OM RETAINED FUNDS until receipt of Department's certificate, and then only in
accordance with said certificate.
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For tax assistance visit http://dor.wa.govorcalll-800-647-7706.Toinquire about the availability of this document in an alternate format
for the visually impaired, please call (360) 705-6715. Teletype (TTY) users may call 1-800-451-7985 .
REV 31 0020e (01/07/05)
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Employment Sec:urityDepCllrtment
WASHINGTON STATE
PO Box 9046 . Olympia, WA 98507-9046
CONTRACTOR: BERSCHAUER PHILLIPS CONST INC
PO BOX 11489
OLYMPIA, W A 98508
) CERTIFICATE OF
) PAYMENT OF CONTRIBUTIONS
) PENAL TIES AND INTEREST ON
) PUBLIC WORKS CONTRACT
ES Reference No.
596708-00 6
TO: CITY OF BREMERTON - GARY SEXTON
345 6TH ST STE 600
BREMERTON, W A 98337
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:
4562
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
EMPLOYMENT SECURITY DEPARTMENT
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(Authorized RepreseMative)
Original-Disbursing Officer
'Duplicate~EmploYer
Triplicate-Central Office Files'
EMS '8449766 R3-98
NOV 1 3 2007
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Verify W'orkers' Comp Premium Status - Employer Liability Certificate
Page 1 of 1
Washington State Department of
Labor and Industries
Employer Liability
Certificate
Department of Labor and Industries
Employer Liability Certificate
Date: 10/12/2007
UBI #: 600 604 496
Legal Business Name: BERSCHAUER PHILLIPS CONSTRUCTION CO
Account #: 159,776-01
'Doing Business As' Name: BERSCHAUER PHILLIPS CONST CO
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? Yes
License: BERSCPC148CD
Expire Date: 8/9/2008
Account Representative: TW / COLLEEN NELSON (360)902-4715 - Email:
NELS235@1ni.wa.gov
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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.)
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CERTIFICATE OF
SUBSTANTIAL COMPLETION
Owner
Architect
Contractor
Field
Other
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AlA DOCUMENT G704
PROJECT:
(name, address)
Bremerton Police Building
1025 Burwell Street
Bremerton, WA 98337
PROJECT NO:
2004198
CONTRACT DATE:
August 14, 2006
TO (Owner):
City of Bremerton
345 Sixth Street, Suite 600
Bremerton, WA 98337-1806
Attn.: Gary Sexton
CONTRACT FOR:
General C onstrLlction
CONTRACTOR:
Berschauer Phillips Construction Co,
P,O,Box11489
Olympia, WA 98508-1489
DATE OF ISSUANCE:
February 5, 2007
PROJECT OR DESIGNATED PORTION SHALL INCLUDE: All areas of both the Main Police Building and Evidence Annex.
The work performed under this Contract has been reviewed and found to be substantially complete. The Date of Substantial Completion of the
Project or portion thereof designated above is hereby established as Februarv 1. 2007
which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below.
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect when construction is sufficiently
complete, in accordance with the Contract Documents, so the Owner can occupy or utilize the Work or designated portion thereof for the use for
which it is intended, as expressed in the Contract Documents. ,
A list of items to be completed or corrected, prepared by the Contractor and verified and amended by the Architect, is attached hereto. The failure
to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract
Documents, The date of commencement of warranties for items on the attached list will be the Date of Substantial Completion unless otherwise
agreed to in writing. ).~::---Ii
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BY' I.
Arai Jackson Ellison Murakami. LLP
ARCHITECT
2.5.07
DATE
The Contractor will complete or correct the Work on the list of items attached hereto withilY: , Fifteen (15lfalendar days
from the above Date of Substantial Completion. //J/ 1./ /./ //'
Berschauer Phillips Construction Co. f/ Idui(((4~ L I,l.{ /07
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The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof at
5:00 PM (time) on Feoruajt5. 2007 (date).,
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City of Bremerton /--.J C"l/~"'V v-v d- - L - -
OWNER BY DATE " I
The responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work and insurance
shall be as follows:
Security, maintenance, heat, utilities, and insurance shall be the responsibility of the Owner commencing on the date of
Substantial Completion.
Damage to the Work shall be the responsibility of the Contractor until Final Acceptance by the Owner.
(Note _ Owners and Contractors legal and insurance counsel should determine and review insurance requirements and coverage; Contractor shall
secure consent of surety company, if any.)
AlA DOCUMENT G704 . CERTIFICATE OF SUBSTANTIAL COMPLETION . APRIL 1978 EDITION . AIA@
@ 1978' THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE" N,W., WASHINGTON, D,C. 20006
G704-1978
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CB ENGINEERS
Building Experience
January 30, 2007
Brian Crist
BP - Construction
Fax: (360) 377-4378
Brian,
Guy Thomsen with Arai Jackson Ellison Murakami asked me to respond to a request by L & I for
documentation to be provided confirming the waste sump for the Bremerton Police project is not greater
than the equivalent load of 5 residences and meets the requirements of W AC296.46B 501.
According to ASPE, the equivalent discharge from a typical residence (family of four) would be 75 gallons
per day per occupant for a per residence discharge of 75 x 4 = 300 gallons per day. 300 gal x 5
residences = 1500 gallons of discharge per day.
According to Ben Dayot, Principal at Arai Jackson, the facility will have 15 civilian employees in the
building all day and 6 police force employees in the building all day. Additionally, 59 police force
employees will spend at most 70% of their day in the building. Based on these numbers, the equivalent
full-time occupancy would 61 employees. Table K-3 of the UPC allocates 20 gallons per occupant, for a
total anticipated discharge of 61 x 20 = 1220 gallons per day.
The anticipated discharge of 1220 gallons per day for this facility is less than 1500 gallons anticipated for
5 residences.
The system was designed in accordance with the UPC and ASPE standards by an engineer licensed in
the State of Washington. .
Therefore, the system is in compliance with WAC296.46B 501.
Please let me know if you have any question or need additional information.
Sincerely,
y;;;;
Tim Reynolds, P.E.
San Francisco I San Jose I Los Angeles I Sacramento I Chapel Hill I Manila
Seattle
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545 5th Street. P,O, Box 259
Bremerton, Washington 98337 (
(360) 377-3711 \\, '
1-888-377-3711
Fed, LD. # 31-1260530
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10/01/07' - 10/01/07 CITY',[r= BREMERTON
TOTAL A OUN 0
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R S OF PAYMENT
21
DAYS'
Due Upon
600 YS
OV 90 DAYS
RENT NET A UN DU
32.56
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PAGE # 5 BILLING DATE B BILLED ACCOUNT NAME AND ADDRESS .. ' . 9' ..' . REMITTANCE ADDRESS
1 10/01/07 III CITY OF BREMER TON - LEGALS KITSAP SUN
BILLED ACCOUNTNUMBER CITY OF BREMERTON PO BOX 34688
STE 600 SEATTLE, WA 98124-1688
42742 345 6TH ST
ADVERTISER/CLIENT .NUMBER BREMERTON WA 98337
VERTISING INVOICE and STATEMENT
020050542400000032561
START DATE 111 AD NUMBER/EXP. DATE ' 2~3~41 DESCRIPTION-OTHER COMMENTS/CHARGES ~ BILLED UNITS ., ~ . '. TIMES "191 GROSS 1201'. NET AMOUNT
RUN RATE ,.
10/01 213353 NOTICE OF FINAL COMP 2x1 2 32.56
10/01 CHERIE HENRY
3310 20051881
CHERIE HENRY
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545 5th Street. P.O. Box 259
Bremerton, Washington 96337
(360) 377-3711
1-666-377-3711
Fed. 1.0 # 31-1260530
'UNAPPLlED AMOUNTS ARE INCLUDED IN TOTAL AMOUNT Oi
All accounts are due upon receipt.
ALL MAJOR CREDIT CARDS ACCEPTED
. BILLING PERIOD
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INVOICE NUMBER
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CITY OF BREMER TON
505424 10/01/07 - 10/01/07 42742
BILLING INQUIRIES: (360) 792-3333
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SUNGARD PENTAMATION FUND ACCOUNTING PAGE NUMBER: .r-~.
- 1
DATE: 10/12/07 CITY OF BREMERTON ACCTPA31
TIME: 10:11:30 VENDOR PAYMENT HISTORY ...,
'.
SELECTION CRITERIA: transact.vend no='20479'
INVOICE 1099 CHECK NO BUDGET CODE ------DESCRIPTION------ SALES TAX AMOUNT
-------------VENDOR------------ ENCUMBRANCE P/F DATE PROJECT CONTROL
PAY APP 1 N EFT9254 302-223.40 RETAINAGE 0.00 -13372.68
20479 BERSCHAUER PHILIPS 0 09/27/06 FB092706
PAY APP 2 N EFT9277 302-223.40 RETAINAGE 0.00 -13895.73
20479 BERSCHAUER PHILIPS 0 10/04/06 FBI00406
PAY APP 3 N EFT9361 302-223.40 RETAINAGE 0.00 -17338.37
20479 BERSCHAUER PHILIPS 0 11/15/06 FBll1506
PAY APP 4 N EFT9424 302-223.40 RETAINAGE 0.00 -18154.67
20479 BERSCHAUER PHILIPS 0 12/20/06 FB121906
PAY APP #5 N EFT9505 302-223.40 RETAINAGE 0.00 -20012.36
20479 BERSCHAUER PHILIPS 0 01/30/07 FB013007
i""~'\ PAY APP 6 N EFT9543 302-223.40 RETAINAGE 0.00 -11553.54
.20479 BERSCHAUER PHILIPS .0 02/21/07 FB022007
'....... / PAY APP 7 N V7050 302-223.40 RETAINAGE 0.00 -2079.70
20479 BERSCHAUER PHILIPS 0 04/04/07 FB040407
TOTAL BUDGET CODE 0.00 -96407.05
PAY APP 1 N EFT9254 594.2127-56510 CONSTRUCTION CONTRACT F 0.00 290454.62
20479 BERSCHAUER PHILIPS 60167 P 09/27/06 2701-56510 FB092706
PAY APP 2 N EFT9277 594.2127-56510 CONSTRUCTION CONTRACT F 0.00 301815.28
20479 BERSCHAUER PHILIPS 60167 P 10/04/06 2701-56510 FB100406
PAY APP 3 N EFT9361 594.2127-56510 BPD REMODEL & ADDITION 0.00 376589.37
20479 BERSCHAUER PHILIPS 60167 P 11/15/06 2701-56510 FBl11506
PAY APP 4 N EFT9424 594.2127-56510 CONSTRUCTION CONTRACT F 0.00 394319.43
20479 BERSCHAUER PHILIPS 60167 P 12/20/06 2701-56510 FB121906
PAY APP #5 N EFT9505 594.2127-56510 CONSTRUCTION CONTRACT F 0.00 417568.39
20479 BERSCHAUER PHILIPS 60167 P 01/30/07 2701-56510 FB013007
PAY APP 6 N EFT9543 594.2127-56510 CONSTRUCTION CONTRACT F 0.00 268042.44
20479 BERSCHAUER PHILIPS 60167 P 02/21/07 2701-56510 FB022007
PAY APP 7 N V7050 594.2127-56510 REMODEL & ADDITION 0.00 45171.09
20479 BERSCHAUER PHILIPS 60167 P 04/04/07 2701-56510 FB040407
TOTAL BUDGET CODE 0.00 2093960.62
9l-0137-0R N 293634 645-237.00 J)tJ HYDRANT-CENCOM BLDG 0.00 EDe-.
20479 BERSCHAUER PHILIPS 0 09/15/04 - UB091304
TOTAL VENDOR 0.00 1998064.84
. . ' TOTAL REPORT 0.00 1998064.84
RUN DATE 10/12/2007 TIME 10:11:30
SUNGARD PENTAMATION - FUND ACCOUNTING
SUNGARD PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 1 [,
DATE: 10/12/07 CITY OF BREMERTON ACCTPA31
TIME: 10:11:30 VENDOR PAYMENT HISTORY \>:.
SELECTION CRITERIA: transact.vend no;'20479'
INVOICE 1099 CHECK NO BUDGET CODE ------DESCRIPTION------ SALES TAX AMOUNT
-------------VENDOR------------ ENCUMBRANCE P/F DATE PROJECT CONTROL
PAY APP 1 N EFT9254 302-223.40 RETAINAGE 0.00 -13372.68
20479 BERSCHAUER PHILIPS 0 09/27/06 FB092706
PAY APP 2 N EFT9277 302-223.40 RETAINAGE 0.00 -13895.73
20479 BERSCHAUER PHILIPS 0 10/04/06 FB100406
PAY APP 3 N EFT9361 302-223.40 RETAINAGE 0.00 -17338.37
20479 BERSCHAUER PHILIPS 0 11/15/06 FBll1506
PAY APP 4 N EFT9424 302-223.40 RETAINAGE 0.00 -18154.67
20479 BERSCHAUER PHILIPS 0 12/20/06 FB121906
PAY APP #5 N EFT9505 302-223.40 RETAINAGE 0.00 -20012.36
20479 BERSCHAUER PHILIPS 0 01/30/07 FB013007
PAY APP 6 N EFT9543 302-223.40 RETAINAGE 0.00 -11553.54
120479 BERSCHAUER PHILIPS 0 02/21/07 FB022007
PAY APP 7 N V7050 302-223.40 RETAINAGE 0.00 -2079.70
20479 BERSCHAUER PHILIPS 0 04/04/07 FB040407
TOTAL BUDGET CODE 0.00 -96407.05
PAY APP 1 N EFT9254 594.2127-56510 CONSTRUCTION CONTRACT F 0.00 290454.62
20479 BERSCHAUER PHILIPS 60167 P 09/27/06 2701-56510 FB092706
PAY APP 2 N EFT9277 594.2127-56510 CONSTRUCTION CONTRACT F 0.00 301815.28
20479 BERSCHAUER PHILIPS 60167 P 10/04/06 2701-56510 FB100406
PAY APP 3 N EFT9361 594.2127-56510 BPD REMODEL & ADDITION 0.00 376589.37
20479 BERSCHAUER PHILIPS 60167 P 11/15/06 2701-56510 FB111506
PAY APP 4 N EFT9424 594.2127-56510 CONSTRUCTION CONTRACT F 0.00 394319.43
20479 BERSCHAUER PHILIPS 60167 P 12/20/06 2701-56510 FB121906
PAY APP #5 N EFT9505 594.2127-56510 CONSTRUCTION CONTRACT F 0.00 417568.39
20479 BERSCHAUER PHILIPS 60167 P 01/30/07 2701-56510 FB013007
PAY APP 6 N EFT9543 594.2127-56510 CONSTRUCTION CONTRACT F 0.00 268042.44
20479 BERSCHAUER PHILIPS 60167 P 02/21/07 2701-56510 FB022007
PAY APP 7 N V7050 594.2127-56510 REMODEL & ADDITION 0.00 45171.09
20479 BERSCHAUER PHILIPS 60167 P 04/04/07 2701-56510 FB040407
TOTAL BUDGET CODE 0.00 2093960.62
91-0137-0R N 293634 645-237.00 HYDRANT-CENCOM BLDG 0.00 511.27
20479 BERSCHAUER PHILIPS 0 09/15/04 UB091304
TOTAL VENDOR 0.00 1998064.84
TOTAL REPORT 0.00 1998064.84
RUN DATE 10/12/2007 TIME 10:11:30
SUNGARD PENTAMATION - FUND ACCOUNTING
RESOLUTION NO. 30(1
A RESOLUTION of the City Council of the City of
Bremerton, Washington, approving entry into change orders
expenditures related to The Art Morken Law Enforcement Center.
WHEREAS, expenditures in the form of change orders with Berschauer Phillips
Construction, Inc. in the amount of $441 ,292 related to The hi Morken Law Enforcement
Center are reasonable and necessary as set forth in Attachment A 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. Apwoval and Ratification. Pursuant to Bremerton Municipal Code
2.76.110, the City Council authorizes and approves change orders totaling $441,292, as listed in
Attachment A, to the Berschauer Phillips contract previously entered into on July 10, 2006.
SECTION 2. Severa b ilitv. If anyone or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity ofthe 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 PASSED by the City Council of the City of Bremerton, Washington thisdtO
day of X)~ ,2006.
APPROVED AS TO FORM:
~~~~~e;- --.
R:\Legal\Legal\Resolutions\Economic Development\Police Station Change Orders.doc
1
Art Morken Law Enforcement Center
Change Orders
ATTACHMENT A
CHANGE I
ORDER # Description AMOUNT
1 Bullet Resistant Window Substitution (1,000.00)
Broaden Column Footings 3,817.00
Unforeseen Earthwork & Concrete Disposal 6,193.00
TOTAL CO #1 9,010.00
2 01 Annex Footing 2,300.00
06 Metal Door Frames 1,937.00
07 Valve Assembly - Fire Sprinkler Added 9,479.00
010 Data Com Locations 13,227.00
2 Qwest Conduits 523.00
TOTAL CO #2 27,466.00
3 Security System 133,731.00
TOTAL CO #3 133,731.00
4 Replace Siding 72,509.00
TOTAL CO #4 72,509.00
5 Fire Damper Siffit Modificastions: 5,818.00
Security Roughin at Freestanding Walls 4,057.00
Fire Glazing in Rated Doors 1,235.00
Delete Oak Wall Cap (3,697.00)
Fur Out Brick Walls 2,514.00
Remove Wallpaper 8,286.00
Room 217 Ducts 999.00
Mirrored Galss 2,029.00
Delete Signage (2,550.00)
TOTAL CO #5 18,691.00
BP Cost
Proposal #
Revisions in existing and new annex addition/delete chain link, add
20 walss and door, move doors 6,000.00
Deleted Wall in room B 104 making conference B 102 larger. Credit
22 Request (760.00)
Brick Removal/Patch, Shelving demo. Additional Wall, Support
25 Column jog. Add carpeting & rubber base & VCT Painting of walls 75,000.00
27 Qwest Conduit - 90LF & Core Drilling 4,000.00
29 Ceiling Tile replacement 750.00
Add additional switches/electrical for offices as per Craigs
31 requested list. And canned lights 4,937.00
Take out glass walls and infill walls with GWB & paint @B204 &
32 B113 2,650.00
33 Cost to Eliminate data/phone scope of work from contract. 9,212.00
35 Fire alarm addressable system 24,446.00
36 Mold issue/patch 700.00
37 Patch brick at existing cash machine 6,800.00
38 Floor preparation for title at 8013 & B014 900.00
39 Cabinet changes to RM A 107 1,700.00
41 Signs 2,550.00
42 Fill in Windows @ Existing Annex 7,000.00
43 Paver removal @ main entry, install new pavers 34,000.00
:!:
Total
441,292.00
1 of 1
Vendor
Subject
Department
Status Code
Amount
Begin Date
End Date
Review Date
Insurance
Comments
Contract Number 4562
BERSCHAUER PHILLIPS CONSTRUCTION CO
POLICE STATION REMODEL & ADDITION
ECON DEVEL
CON File Class LEG 12-1
$1624022.00
07/10/06
01/27/07
12/01/06
GL $ 2000000.00
AL $ 1000000.00
E&O
Insurance Total
Insurance Review Date
$3000000.00
7/1/07
CONTRACT
PAGE 1 of 3
THIS AGREEMENT is dated the I tJ -d- day of ~/.. V
by and between City of Bremerton (hereinafter called CITY) and I
Berschauer Phillips Construction Company
(hereinafter called CONTRACTOR).
in the year 2006
CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
ARTICLE 1. WORK.
CONTRACTOR shall complete the WORK as specified or indicated in the CITY's Contract
Documents entitled Bremerton Police Building.
ARTICLE 2. CONTRACT TIMES.
The WORK shall be completed within 180 calendar days from the commencement date stated in
the Notice to Proceed.
ARTICLE 3. LIQUIDATED DAMAGES.
CITY and the CONTRACTOR recognize that time is of the essence of this Agreement and that the
CITY will suffer financial loss if the WORK is not completed within the time specified in Article 2
herein and Special Provision 1-08.5, plus any extensions thereof allowed in accordance with
Section 1-08.8 of the Standard Specifications which may be modified by the Special Provisions.
They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding
the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of
requiring any such proof, the CONTRACTOR shall pay the CITY liquidated damages for each day
that expires after the time specified in Article 2 herein and Special Provision 1-08.5 for .Substantial
Completion and Final Completion of the WORK in accordance with Section 1-08.9 of the Standard
Specifications as may be modified by the Special Provisions.
ARTICLE 4. CONTRACT PRICE.
CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract
Documents in the amount of the base bid $1,495,417, plus alternate 4 (asphalt coating) in the sum
of $4,979 and alternate 5 (paint existing metal siding) in the sum of $2,081 plus state sales tax.
ARTICLE 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9 of the
Standard Specifications which may be modified by the Special Provisions. Applications for
Paym nt will be processed by ENGINEER as provided in the Special Provisions
CONTRACT
PAGE 2 of 3
ARTICLE 6. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR
concerning the WORK consist of this Contract (pages Contract-1 to Contract-3, inclusive) and the
following attachments to this Contract:
. Notice Inviting Bids,
. Bidders Checklist,
. Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and
all required certificates and affidavits,
. Performance Bond,
. Payment Bond,
. Standard Specifications,
. Special Provisions,
. Contract Plans,
. Addenda numbers 1 to 3, inclusive.
. Change Orders which may be delivered or issued after Effective Date of the Agreement
and are not attached hereto.
. All other provisions as listed in the Table of Contents for Bremerton Police Building
There are no Contract Documents other than those listed in this Article 6. The Contract Documents
may only be amended by Change Order as provided in Section 1-04.4 of the Standard
Specifications which may be modified by the Special Provisions.
ARTICLE 7. INDEMNIFICATION.
The CONTRACTOR and CITY acknowledge and agree that they have negotiated the following in
accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his
immunity under industrial insurance under Title 51 RCW. To the fullest extent permitted by Laws
and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, their
consultants, subconsultants, and the officers, directors, employees, and agents of each and any of
them, against and from any and all claims, injuries, damages, losses or suits, including all legal
costs and attorney fees, all claims and liability arising under, by reason of, related, or incidental to
the Contract Documents or any performance of the WORK, but not from the negligence or willful
misconduct of the CITY as further defined in the Contract Documents. The provisions of this
sectio shall survive the termination of the contract.
.
.
CONTRACT
PAGE 3 of 3
ARTICLE 8. ASSIGNMENT
No assignment by a party hereto of any rights under or interests in the Contract Documents will be
binding on another party hereto without the written consent of the party sought to be bound; and
specifically but without limitation monies that may become due and monies that are due may not be
assigned without such consent (except to the extent that the effect of this restriction may be limited
by law), and unless specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under the Contract
Documents. The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any
or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an
assignment of funds for security purposes. In the case of an assignment for security purposes the
CITY may condition its approval to the extent it deems necessary to assure that there will be
adequate funds to complete the WORK and to pay subcontractors and suppliers.
CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect of all covenants, agreements and obligations contained in the Contract
Documents.
IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed
the day and year first above written.
CONTRACTOR: Berschauer Phillips
By
::n<}~
[CORPORATE SEAL]
Attest
Attest
Address for giving notices
Address for giving notices
345 6th Street. Suite 600
Bremerton. WA 98337
License No. O(;t.jC"l'~ 1'1 'l1 e.b
Approved as to form:
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