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HomeMy WebLinkAbout4562 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 $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 -:..,.. /_H ( '< 5-. 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 lof4 :''-J.' {~' \:... /'. 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 20f4 ,,,- ~' / \, 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, 30f4 ( \, 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) {il' 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 40f4 ,;,',,';:- or'" .,-;~( ,~.:t;<';;}-:." , f)l'p.)~tllwntl;1 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 ." " - ~'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. i "'1 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) A J ~ -~ 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 ~~ 1/o~ (Authorized RepreseMative) Original-Disbursing Officer 'Duplicate~EmploYer Triplicate-Central Office Files' EMS '8449766 R3-98 NOV 1 3 2007 ~ ~~~ln 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 ~;l cd i 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.) ~, . ""'V'7,..,Lf\1 {), A ""mmtMl'lna... 10/12/2007 ',"" CERTIFICATE OF SUBSTANTIAL COMPLETION Owner Architect Contractor Field Other ~ ~ ~ o o 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 // " I I;" ,_"'~"~_ ( . .' J j \",~~~,~, ~ ~.. ~~.A_'l~l' . 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 ""NT"'^ "T"'" ml / /' 1./ I ""uATJ J: . lJU llil-l.\; I UIi D I ! 1/ ~ 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)., []1 / I j/-, ,/ (' Uj/D '7 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 ~ Lf) 00 '<t \0 Lf) Lf) N '<t x .2 o o '<t 00 '<t \0 Lf) Lf) q! "] '<t o o 00 0\ 4: 5 a.J ::J > a! a! ct::J o o \0 a! :::: ::J V1 uJ Z a! ::J r" :ti > <( r" ":::i 60 o ~ o o \0 ., ~ 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 T · 15"""'''.'''''''w '., i1 1 '""" , '- "~] , g ":~~j:~"i:~_~ ,;,i~,-_, S';ir"''''"''~'''''' - , ':~':"t'!"":n"" ";'<',:::'.,. {I, ,,,,,., " ,<, ,,' - ,- . . -. ~ . . 545 5th Street. P,O, Box 259 Bremerton, Washington 98337 ( (360) 377-3711 \\, ' 1-888-377-3711 Fed, LD. # 31-1260530 1 . ' IlL! G'PE I 0 "i'lUV l;:n 1 I..JJ._' , ~~,~". - , 10/01/07' - 10/01/07 CITY',[r= BREMERTON TOTAL A OUN 0 I VOIC # R S OF PAYMENT 21 DAYS' Due Upon 600 YS OV 90 DAYS RENT NET A UN DU 32.56 22. t U kitsapsuii:com' . 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 32.56 ..,. PLE'AsE:IYETACH:ANb RETOFiNUPPER PORTibNWitRYbURREMITIANCE.m... ...., . Iii Kits~:i~;;(,Sun_ _____' p, ." u_ kitsapsun.com 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 .. . 'u" " .:ADVERTISER INFORMATION. = ,...... "., .,~ ,rr" .. ';BILLED'ACCOUNT,NIJMBER.' c, . 7. ,.....AOVERTISER/CLlENTNUMBER "2. .,," ADVERTISER/CLlENT,NAME . INVOICE NUMBER 25 ,:1'\ J CITY OF BREMER TON 505424 10/01/07 - 10/01/07 42742 BILLING INQUIRIES: (360) 792-3333 ,j , ':1 ., "J ., i " ., .~ ';,j ~ ,I ./1 "I 'l j ,-~ 51 , . . -, .o-........:..-..:.....-......~........_..:.;._~,__'."-___._~~~__._~..........____.h~~__,.~~. .'--'----"-~-~---,-~- -- ,~- -~ --~_..-.'-.~-"- ~-"- 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: ::~JY