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HomeMy WebLinkAbout4272·Enter Search Criteria, Press Esc Key to Transmit :Press Del Key to Terminate Delete Mode CHANGE Contract Transactions Contract Number 4272 Vendor Name STAN PALMER CONSTRUCTION INC ·Subject WB-6 PUMP STATION ·Department ENGINEERING :Status Code CON Amount $1534190.00 Begin Date 04/24/2002 Insurance End Date 12/24/2003 Type Amount Review Date 02/15/2006 GL $2000000.00 AL $1000000.00 Insurance Total $3000000.00 Insurance Review Date 07/01/2003 Comments VAULT 01/01/2006 PUBLIC WORKS & UTILITIES Engineering Division ~'~ :B~me~oh; WA §~0 December 24, 2003 Todd Haga Start Palmer Construction 5107 State Hwy 3 SW Port Orchard, WA 98367 RE: WB-6 Pump Station Release of Retainage Bond No. 400SL114502 Dear Mr. Haga: The City has completed its final acceptance of the WB-6 Pump Station project and has released the attached retainage bond. Please forward this to your bonding company as appropriate. If you have any questions feel free to call me a (360) 473-2398. Sincerely, ~Ne~ Lever, P.E. Project Manager c:Paula Johnston, Deputy City Clerk Record Files RELEASE OF RETAINAGE BOND Bond 400SLl14502 KNOW ALL MEN BY THESE PRESENTS, That we, Stan Palmer Construction, Inc. 5107 State Hwy 3 SW, Port Omhard, WA 98367 as Principal, and United States Fidelity and Guaranty Company as Surety, are held and fmnly bound unto City of Bremedon as Obligee, in the stma of Seventy Six Thousand Seven Hundred Nine and 50/100 ............................................... Dollars ($ 76,709.50 ), lawful money of the United States of America, to the payment of which, well and truly to be paid, we bind ourselves, our heks, executors and successors, jointly and severally, fn.mly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That Whereas, on April 17 2002 the Principal and Obligee entered into a contract for the construction of the WB-6 Pump Station and; WHEREAS, the Obligee has elected to withhold from funds due or about to become due the Principal such sum (r~tainage) as is necessary to protect itself from claim or claims of lien unless the Principal furnishes as Surety Bond guaranteeing to hold the Obligee harmless from all loss it may suffer by reason of its releasing final retainage to the Principal. NOW, THEREFORE, if the Principal shaJ1 indemnify and hold harmless the Obligee for all loss that the Obligee may sustain by reason of release of said retainage to the Principal, then this obligation to be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER: It is expressly understood and agreed that: 1. Any suit or action hereunder must be brought within one (1) year of the date the proper court has rendered its decision on the validity and enforceability of the liens. 2. The laws of the State of VVashin,qton and the United States of America shall be applicable in the determination of the rights and obligations of the parties hereunder. 3. No right of action shall accme upon or by reason hereof to, or for the use or benefit of, anyone other than the Obligee herein named. IN WITNESS WHEREOF, said Principal and Surety have hereunto set their hands and seals this 17th day of April 2002 . Stan Palmer Construction, Inc. 5107 State ,~ 3 SW, P/6~hard~ WA 9~367 (Seal) By~ ~~¢~/¢J Principal Title United States Fidelit./and Guaranty Company ~l~.h~[!$ R. [~'St~ Attorney-in-Fact S-3368/GEEF 10/99 lheRl. l:huI_.... . Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company Power of Attorney No. 22645 Certificate No. 1059935 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the Slale of Wisconsin (hereto collectively called the "Companies'), and thai the Companies do hereby make, constitute and appoint Robert E. Heilcsen, Randolph J. Cart, Stephen Feltt~, Jack P. Sutton, Karen Swanson, Eric 7~i~an. Tracey L. McKin.ley, Stacy Cutbixth, Brad Roberts, Joamte Reinkemmeyer, Kip W. Vandeventer, Holli Lagcrquist and M/chelle R. Post Tacoma Washington of the City of , State their tree and lawful Attomey(s)-in-Fact, each in thclr separate capecity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bunds, undertaldngs, contracts and other wr en nstruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pemfitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this 18th day of July __ ,2001 Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company eeee e ®e City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secreta~ On this 18111 day of Jllly , 2001 , before me, the undersigned officer, personally appeared John E Phinney and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary. respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwtiters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authori~xl officers. In Witness Whereof, I hereunto set my hand and official seal. e ~~.r~ My Comnfission expires the 13th day of July, 2002. REBECCA EASLEY-ONOKALA, Notary Public 86203 Rev. 7-2000 Pdnted in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and effect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other Instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Atturaey(s)-in-Fact pursuant to a Power of Attoraey issued ni accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Aaomey or to any certificate relating thereto appointing Attoraey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatury in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and a-ny such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or underhaking to which it is validly attached; and RESOLVED FURTHER, that Attomey(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory ni the nature thereof, and any such instrametu executed by such Attorney(s)-in-Fact shall be as binding upon the Company a~ ff signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insuranc~ Company, St. Paul Mercury Insurance Company, United States Fidelity and Gu~anty Company, Fidelity and Guaranty Insurance Company, and FidalJty and Guaranty Insurance Under~vriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in Inll force and effect and has not been revoked. IN TESTIMONY WHEREOF, I hereunto set my hand this 1 7 th day of Apr ±1 2002 To verify the authenticity of this Power of Attorney, call 1.800-421-3880 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number, the above-named individuals and the details of the bond to which the power is attached. IBrowse: Next Previous First Last Update Delete Restart X - Exit Retrieve the Next record Found: 1 Record(s) MAINTAIN Contract Transactions Contract Number 4272 ~endor Name STAN PALMER CONSTRUCTION INC =Subject WB-6 PUMP STATION =Department ENGINEERING =Status Code CON Amount $1534190.00 Begin Date 04/24/2002 Insurance End Date 01/05/2003 iType Amount Review Date 02/15/2005 GL $2000000.00 AL $1000000.00 + Insurance Total $3000000.00 ~ Insurance Review Date 07/01/2003 Comments VAULT 01/01/2005 + PUBLIC WORKS AND UTILITIES 3027 Olympus Drive * Bremerton, WA 98310-4799 * (360) 478-5318 * FAX (360) 478-5018 MEMORANDUM ENGINEERING DIVISION TO: Paula Johnston FROM: Ned Lever ~Jd' / DATE: November 24, 2003 SUB J: Stan Palmer Construction, WB-6 Pump Station ! have received all the releases from the State of Washington and completed the necessary procedures for project closeout. The following original documentation is attached for your files: Project Release signed by Contractor Advertisement of"Notice of Final Completion" Certificate of Payment of State Excise Taxes by Public Works Contractor Department of Labor and Industries Release Certificate of Payment from Employment Security Department If release ofretainage for this project is acceptable to you, please indicate by signing below then rettun this to me. ! will see that the necessary accounting paperwork is processed to release the retainage. Please call me if you have any questions at X2398. ~aula Johnsto~u[y-City-Clerk Ii[ii [ [[ ia'[[ ACCEPTANCE OF COMPENSATION & RELEASE OF ALL CLAIMS WB-6 Pump Station Project Number 545 - Contract Number 4272 Start Palmer Construction, hereby indicates agreement with, and acceptance of, the final Contract Payment of $36,779.85, the total Contract Price of $1,$57,857.58, including Washington State sales and/or use taxes, and thc final Contract Time of 253 days, as full and final compensation for all Work performed in connection with Contract Number 4272, and does hereby release the City of Bremcrton fi.om all claims, liability, deraands, damages and actions of any kind whatsoever, arising from performance of that Contract. Stan Palmer Construction Certificate of Notary Subscribed and sworn to before me this ~q, TH day of.~ .J. ~- .. · ,,,. ~AS~,,,, AFFIDAVIT OF PUBLICATION County of Kitsap, State et' Washingion No. 100076832 1. Valcrie ZoHer, being first duly sw(.q'n on oath, deposes and says: That she is now, and at all thne.~ embraced in thc publication heroin mentioned was the principal clerk of I. he printers and publishers of THE SUN; Ihat said newspaper ha,~ been approved as a legal newspaper by order of the Supetlor Cour~ of the County of Kitsap. in which County it is published and is now and has been for more than six months prior m thc date of thc publication hmeinafter mfenncd to, published in the English language continually as it daily ncwspal~r in Brcmerton. Kitaap County, Washington. and is now and duSng all of said tim~, was printed in an oft'ice maintained in thc afore,said place of publication of said newspaper; that the following is a true text of a legal advertisement as it was publ}shed in regular issues (and not in supplement form) of said newspaper on the following dates, to wit: October 5, 2003 and that such newspaper was regularly dis~iboted to its snbSCTib~'s duriog all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $33.03 arnount has nt~ been paid in full. (Signature of Principal Clark) ~ Subscrib~l and sworn Io bcfo~ me this day of November 26. 2003 CITY OF BREMERTON' NOTICE O/~ FINAL COMPLETION' Notice of Final Compl~ion has been filed with the City of Bremerton by Stan Palmer Construction on Con~act #4272 6.~ the WB-6 Pun's, Station Project. Any parlies having a claim for material, labor damages with reference ~0 this contract have thirly (30) days from the date of publication of this no, ice to file a claim.- William Eley- PurChaslng Manager- 239 4th Street- Bremerton. WA 98337- October 5.2003.. #100076832- STAN PALMER CONSTRUCTION, INC. LETTER OF TRANSMITTAL ST-AN-PC*202NF $107 STATE HWY 3 SW PORT ORCHARD, WA 98367 Phone (360) 674-2100 Date: 11/10/2003 Job No. 23O4 Fax (360) 674-7190 ATTN: Ned Lever TO: City of Bremerton RE: Brcmerton WB-6 Pump Station 3027 Olympus Drive Bremerton, WA 98310 COPIES DESCRIPTION 1 Affidavit of Wages Paid from Stan Palmer Construction THESE ARE TRANSMITTED as checked below: ~For approval ~As requested COPY TO FILE SIGNED: l~ RECEIVED t~O¥ 13 If enclosed are not as noted, kindly notify us et once. ENGINEER N~ Washington State I~ Department of Rcvenu~ PO Box 47474 NOV ~ O~ympia, WA 98504-7474 600 336 626 Certificate of Payment of State Excise Taxes by Public Works Contractor STAN PALMER CONSTRUCTION INC CITY OF BREMERTON PUBLIC WORKS 5107 STATE HWY 3 SW NED LEVER PORT ORCHARD WA 98367 7486 3027 OLYMPUS DR BREMERTON WA 98310 4799 We hereby certify that taxes, increases and penalties due or to become due from the above-named contractor under Chapter 180, Laws of 1935, as amended, with respect to the following public works contract: CITY OF BREMERTON PUBLIC WORKS ~545 WB-6 PUMP STATION 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 pementage. This certificate is issued pursuant to the provision of Chapter 60.28 Revised Code of Washington for the sole purpose of informing the state, county, or municipal officer charged with the duty of disbursing or authorizing the payment of public funds to said contractor that the Department of Revenue hereby releases the state's lien on the retained percentage provided by this Chapter for excise taxes due from said contractor. This certificate does not release said contractor from liability for additional tax that may be later determined to be due with respect to the above-mentioned contract or other activities. Dated ~[/] ~ /,~Od)~ at Olympia, Washington, / / State of Washington D evenne ~er t~'fying Officer 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) 753-3217. TrY users may call 1-800-451-7985. REV 31 0028 (10-01-02) ROUTINC~sb ur~ ~tract or, File, Special File Affidavit of Wages Paid Page 1 of 2 Prevailing Wage Section Department of Labor & Affidavit of Wages Paid industries PO Box 44540 Olympia, WA 98504-4540 Received: Affidavit Id: Status: 11/10/2003 15923 Approved on 11/10/2003 COMPANY Company STAN PALMER CONST.INC. Information: STANPC*202NF 600 336 626 5107 STATE HWY 3 SW PORT ORCHARD, WA 98367 Payment Type: Electronic Company Electronic Signature: PROJECT Public Agency: BREMERTON, CITY OF/MUNICIPAL U 3027 OLYMPUS DRIVE BREMERTON, WA 98310 4799 County: KITSAP Multiple Counties? No City: Bremerton Project Name: Bremerton WB-6 Pump Station Contract Number: Date Intent Filed: 05/09/2002 Bid Due Date: 03/01/2002 Award Date: 04/17/2002 Date Work Completed: 06/08/2003 Prime Contractor: STAN PALMER CONST.INC. All Work Sub- contracted? No $ Amount: $1,557,857.58 Filed by: Suzan M Rue WAGES Number of Owners: 0 Journey Level Trades/Occupations Occupation Wage ~Fringe W~o, Hou County Trade KITSAP CARPENTERS 3ARPENTER $27.47 $6.87 1 25 KITSAP CARPENTERS VIILLWRIGHT AN D MACHINE =RECTORS $26.51 $8.83 ' 2 t17.,; KITSAP IRONWORKERS JOURNEY LEVEL $29.66 $7.41 1 2 KITSAP LABORERS 3ENERAL LABORER $23.74 $5.93 7 755 KITSAP LABORERS =IPELAYER & CAULKER $24.12 $6.03 3 89 KITSAP PLUMBERS & PIPEFI']-rERS JOURNEY LEVEL $30.45 $7.62 2 150.,; KITSAP POWER EQUIPMENT :~ACKHOE, EXCAVATOR, OPERATORS ~HOVEL (3 YD & UNDER) $28.84 $7.21 2 350 https://wws2.wa.gov/lni/pwiapub/AffidavitPrint.asp?ID=15923 11/10/2003 Affidavit of Wages Paid Page 2 of 2 POWEr EQUIPMENT KITSAP OPERATORS BACKHOES, (75 HP & UNDER) $28.55 $7.14 4 38.5 KITSAP POWER EQUIPMENT OPERATORS BROOMS $26.87 $6.72 4 7 KITSAP POWER EQUIPMENT FORK LIFTS, (3000 LBS AND OPERATORS OVER) $28.56 $7.14 1 3 POWER EQUIPMENT LOADERS, OVERHEAD (UNDER KITSAP OPERATORS 6YD), PLANT FEED $28.84 $7.21 · 4 37.5 KITSAP POWER EQUIPMENT OPERATORS MECHANICS, ALL $28.84 $7.21 3 145 KITSAP POWER EQUIPMENT HYDRALIFTS/BOOM TRUCKS OPERATORS (OVER 10 TON) $26.77 $8.93 2 32.5 KITSAP TRUCK DRIVERS DUMP TRUCK $22.99 $5.75 1 2 KITSAP TRUCK DRIVERS DUMP TRUCK & TRAILER $23.36 $5.84 6 121.,~ Apprentice Trades/Occupations https://wws2.wa.gov/lni/pwiapub/AffidavitPrint.asp?ID= 15923 11/10/2003 STATE OF WASHINGTON EMPLOYMENT SECURITY DEPARTMENT PO Box 9046 * Olympia, WA 98507-9046 CONTRACTOR: Stan Palmer Construction Inc. ) CERTIFICATE OF 5107 State Hwy. 3 S.W. ) PAYMENT OF CONTRIBUTIONS Port Orchard, WA 98367-7486 ) PENALTIES AND INTEREST ON ) PUBLIC WORKS CONTRACT ES Reference No. 461102-001 TO: City of Bremerton Public Works & Utilities 3027 Olympus Drive Bremerton, WA 98310 The Employment Security Department hereby certifies that contributions, penalties and interest due from the above named contractor under the Employment Security Act have been paid in full or provided for with respect to the following public works contract: Wb-6 Pump Station #545 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 17, 2003. COMMISSIONER EMPLOYMENT SECURITY DEPARTMENT (~(uthorized Representative) Original--Disbursing Officer Duplicate--Employer Triplicate~entral Office Files EMS 8449 760 R3-98 From: Mike Mecham -~ ~'~ - To: Johnston, Paula; Lesser, Peggy Date: 10/15/02 8:39AM Subject: Re: WB-6 Pump Station - 299 Callow Avenue S Ned Lever is the project manager. I forwarded this message to him for his information. Please cc Ned on any future correspondance on this issue. Thanks Mike. >>> Peggy Lesser 10/14/02 05:16PM >>> I have received a notice of claim against both the surety bond and the retinae for Bremerton's contract with Stan Palmer Construction. The claim was filed for Max Ford Crane Service, Inc. in the amount of $44,483.75 for crane rental and related materials supplied as part of the work on WB-6 Pump Station. This notice of claim will be sent to the clerk's office for filing in the contract file. Please be sure that retinae is not released until the claim issue has been resolved. CC: Eley, Bill NOTICE TO PUBLIC BODY OF CLAIM AGAINST BOND AND RETAINED PERCENTAGE PURSUANT TO RCW 39.08 AND RCW 60.28.010 CERTIFIED MAIL, RETURN RECEIPT REQUESTED October 8, 2002 CITY OF BREMERTON CITY COUNCIL 239 4TH ST. B~E~RTON, WA 98337 RE. PROJECT KNOWN AS: WB-6 PUMP STATION 299 CALLOW AVE. S, BP.E~RTON, NOTICE IS HEREBY GIVEN that the undersigned, MAX FORD CRANE SERVICE, INC., has a claim in the sum of ($44,483.75) FORTY-FOUR THOUSAND, FOUR HUNDRED EIGHTY- THREE AND 75/100 dollars, against the bond taken from STAN PALMER CONST., INC., principal, and U.S.F.& G. OO., surety. NOTICE IS ALSO GIVEN that the undersigned has a claim in the sum of ($44,483.75) FORTY-FOUR THOUSAND, FOUR HUNDRED EIGHTY-THREE AND 75/100 dollars against the retained percentage taken from STAN PAI~MER CONST., INC. The above mentioned claim was for CPJ%I~E RENT;fL and other related materials supplied as part for the work on contract # NONE, bond # 400SLl14502. We also claim interest at the legal rate and attorneys fees should suit be necessary to collect our claim. CC: STAN PALMER CONST., INC., 5107 STATE HWY. 3 SW, PORT ORCHARD, WA 98367 U.S.F.& G. CO., ATTN: CLAIMS DEPT., P.O. BOX 4689, FEDERAL WAY, WA 98063-4689 Order # 090728, dated September 12, 2002 Dec 12 03 02:03p Engineerin~ Division 360-4?8-5398 p.1 CITY OF BREMERTON DEPARTMENT OF PUBLIC WORKS AND UTILITIES ENGINEERING DIVISION 3027 Olympus Drive - Bremerton, WA 98310-4799 Tel 360. 473.5270 FAX 360. 478.5398 FAX TRANSMITTAL TO: ~'¢(.//-./4' FROM: /,~//~ OFFICE: OFFICE: FAX NO: PHONE NO: FAX NO: PHONE NO: 3<50.473.5308 3<50. DATE: ~'Z.//¢6] TOTAL # PAGES: .~ ORIGINAL: I IWW" I ~1 Wi" not be sent SUBJECT: I]ec 12 03 02:03p Encineering Division 360-4?8-5398 FAX ~107 STA. T~ ~ ~ SW Origim~].: M~ed [] Not M~iled [] Dec 12 03 02:04p EnGineerinC Division 3B0-478-S388 p.3 August 27, 2003 ~Y 6, 2003, agai~s~ the bo~ ~d retained percentage taken f~ S~ STAN P~R COnSTRUCtION, I~C.. $107 STATE HWy. ~ SW, ~ORT ORCHAAD, WA, 98367 0.S.r.& G. CO., ATTN: CLA/MS D~PT., P.O. BOX 4689, FEOE~AL mY, WA 98063-4689 8 D81311, DA~E~ 8/21/2003 tenter Search Criteria, Press Eec Key to Transmit Press Del Key to Terminate Delete Mode CHANGE Contract Transactions Contract Number 4272 ~Vendor Name STAN PALMER CONSTRUCTION INS ~Subject WB-6 PUMP STATION ~Department ENGINEERING :Status Code CON Amount $1557857.58 Begin Date 04/24/2002 Insurance End Date 01/05/2003 Type Amount Review Date 02/15/2005 GL $2000000.00 AL $1000000.00 Insurance Total $3000000.00 Insurance Review Date 07/01/2003 + Comments VAULT 01/01/2005 + CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 3 PROJECT NAME: WB-6 Pump Station PROJECT NO: 545 CONTRACTOR: Stan Palmer Construction ORIGINAL CONTRACT AMOUNT: $1,534,190.00 DAYS: 180 PREVIOUSLY APPROVED CHANGES: $ 37,145.45 DAYS: 73 THIS CHANGE: ($13,477.87) DAYS: 0 REVISED CONTRACT AMOUNT: $1,557,857.58 DAYS: 253 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items for a lump sum price agreed upon between the Contractor and the City of Bremerton. DESCRIPTION OF CHANGES INCREASE IN {DECREASE} IN CONTRACT CONTRACT CONTRACT TIME AMOUNT AMOUNT EXTENSION ($) ($) (DAYS:) Work Change Directive #14: Revise check valve fail 3578.00 0 alarms so that it is a hardwired system. Seal existing manhole leaks with pressure injected grout. Modify airvac assemblies discharge piping to incorporate with flanged fittings. Liquidated Damages (8 days at $2,000 per day) ($16,000) SUB TOTAL ($12,422.00) SALES TAX 8.5% ($ 1,055.87) TOTAL ($13,477.87) NET CHANGE IN CONTRACT AMOUNT Increase or {Decrease} ($13,477.87) Page 1 of 2 CONTRACT CHANGE ORDER NO: 3 PROJECT NAME: WB-6 Pump Station Contractor acknowledges and accepts that this contract modification constitutes final settlement of all of the Contractor's claims of any kind or nature arising from or connected with any work either covered or affected by this contract modification, including, without limitation, claims related to contract time, on-site or home off~ce overhead, or lost profits. The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Change Order. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Change Order shall be effective when approved by the City of Bremerton. CITY ENGINEER Date CO~TR,~O/~'~ / Date APPROVED: MAYOR Date AS TO FO~M Page 2 of 2 CITY OF BREMERTON WORK CHANGE DIRECTIVE WCD#: Fourteen Page 1 Of 1 PROJECT: WB-6 Pump Station Project #: 545 CONTRACTOR: Stan Palmer Construction Date: May 1, 2003 YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S): Provide hardwired checkvalve fail system in accordance with attached email and drawin,qs from Casne En,qineerinq Dated 2/10/03. Work shall proceed upon WB-3 bein.q placed in service. Seal existin.q manhole leaks with pressure injected polyurethane qreut. Modify airvac assembly discharqe pipin,q with flanqed fittinqs to accommodate maintenance and removal of the valves. Replace the existinq limit switches on the 16" check valves with lever arm limit switches. Note: ATTACHMENT(S): Attachments from Casne Engineering regarding hardwired checkvalve fail. Proposals from Stan Palmer Construction. If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order is based thereon will involve one or more of the following methods of determining the effect of the change(s). The Change Order will be executed in accordance with Section 1-04.4 of the WSDOT Standard Specifications, or Article 10 of the General Conditions. Method of determining change in Contract Price: Method of determining change in Contract Times: [] Unit Price [] Contractor's Records [] Lump Sum [] Engineer's Records [] Time & Materials [] Other: [] Other: Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times: $ 3,578 Substantial Completion: 0 calendar days; If the change involves an increase, the estimated Ready for final payment: 0 calendar days; amount is not to be exceeded without further If the change involves an increase, the estimated times authorization, are not to be exceeded without further authorization. RECOMMENDED: AUTHORIZED: CONTRACTOR 4 CITY O/F BREMERTON ab, FORMS, Work Change Directive, 3~)0 CHANGE ORDER PROPOSAL STAN PALMER CONSTRUCTION PROJECT: WB-6 Pump Station PROJECT NO: CHANGE ORDER NO: X- 16 CHECK VALVE FAIL INTERLOCK LOGIC & WIRING DIRECT COSTS FROM WORK SHEET LABOR $0.00 EQUIPMENT OWNED $0.00 RENTAL EQUIPMENT $0.00 MATERIALS $0.O0 SUBCONTRACTORS $2,566.50 SUBTOTAL $2,566.50 MARK UP FIELD OVERHEAD 0.00% $0.00 LABOR 20.00% $0.00 EQUIPMENT OWNED 15.00% $0.00 RENTAL EQUIPMENT 15.00% $0.00 MATERIALS 15.00% $0.00 SUBCONTRACTORS 5.00% $128.33 SUBTOTAL $128.33 TOTAL COST & MARK UP $2,694.83 HOME OFFICE OVERHEAD 0.00% $0.00 BOND 2.00% $54.97 TOTAL CHANGE ORDER $2,74.9.80 CONTRACT: WORKSHEET UNIT DESCRIPTION QNTY UNIT COST COST LABOR $o.oo So.oo $0.00 $0.00 $0.00 S0.00 TOTAL LABOR $0.00 EQUIPMENT / OWNED $o.oo $0.00 $0.00 TOTAL EQUIPMENT / OWNED $0.00 EQUIPMENT / RENTAL SO.OO $o.oo So.oo So.oo SO.OO TOTAL EQUIPMENT / RENTAL $0.00 MATERIALS $0.00 $o.oo $0.00 $0.00 S0.00 $0.00 TOTAL MATERIALS $0.00 SUBCONTRACTORS SYSTEMS INTERFACE ILS $2,241.50 S2,241.50 DENO ELECTRIC ILS $325.00 $325.00 So.oo TOTAL SUBCONTRACTORS ILS $2,566.50 Sent By: Systems Interface Inc; 425 481 2115 i Feb-12-03 1:56PMj Page 1/1 (425) 481-1225 T (425) 481-2115 F Systems Interface Inc. 22125 17~h Avenue SE - Suile 111 Bothelt, WA 98021.7406 USA To.' Todd Haga Company= Stan Palmer Construction, tnc. Re: City of Bremerton WB-6 Pump Station Date: 2-11-2003 From: Rob Schommer Pages: 1 Hi Todd, This letter is to provide pricing for a Change Order to add provide Check Valve Failure Interlock and Alarm logic to the control system at the City of Bremedon Pump Station. This change requires a new contact block for the HOA switch, a time delay relay, a control relay, additional wiring in the Control Panel, additional wiring between the VFD and Control Panel, programming, testing, and documentation update. There are three Variable Frequency Drives, requirir~g three-times the quantities listed above. The parts (contact blocks, relays, timers, bases, wire) will cost $455, freight adds another $18, expenses will be $46 (ferry, mileage, etc.), engineering, on-site testing, management (and travel) labor will take 9 hours, shop on-site fabrication will take 13 hours (including travel to and from site), administrative labor will be 2.5 hours for project documentation update (CAD, admin, etc.). This all totals to: $455 + $18 + $46 + 9x$85 + 13 x $65 + 2.5 x $45 = $2,241.50 Note that this quotation excludes wiring and conduit between the VFDs and Control Panel. Please call with any questions or concerns. Sincerely, Systems Interface Inc. Robert H. Schommer, P.E. Project Manager Phone: (360) 674-2100 Date Printed: 2/12/03 Fax: (360) 674-7190 /1FiL ~ S R ~.pRo j E C T~lob~ ~SO2 D 1 ~. 1 p jM~,~02[~ 17V~llvel~tedo¢[ CO DOC ~l~, ~8 FORM ~-~.2 ~ DENO~RICCORPOR~IO' MEMO 1491 ~ N~ Hill Rd. 3~ ~8 7250 F~ 3~ 698 2178 III IIII I III I I I . .. CHANGE ORDER PROPOSAL STAN PALMER CONSTRUCTION PROJECT: WB-6 Pump Station PROJECT NO: CHANGE ORDEK NO: X-15 SEAL EXISTING MAN HOLE DIRECT COSTS FROM WORK SHEET LABOR $0.00 EQLViPMENT OWNED $0.00 RENTAL EQUIPMENT $0.00 MATERIALS $0.00 SUBCONTRACTORS $284.41 NW CONCRETE WATERPROOFING SUBTOTAL $284.41 FIELD OVERHEAD 0.00% $0.00 LABOR 20.00% $0.00 EQUIPMENT OWNED 1S .00% $0.00 RE3qTAL EQUIPMENT 15.00% $0.00 MATERIALS 15.00% $0.00 SUBCONTRACTORS 5.00% $14.22 SUBTOTAL $14.22 TOTAL COST & MARK UP $298.63 HOME OFFICE OVERHEAD 0.0(P/o $0.00 BOND 0.00% $0.00 TOTAL CHANGE ORDER $298.63 NW Concrete WaterProofing ~ f~ D f-.) ~D3 O.. ct Invoice 10410 40th Ave. East Tacoma, WA 98446 / DATE INVOICE # Phone (253) 537-7228 ~.~/ t'~ 1/21/2003 55487 FAX (253)531-7228 i,o .~j[/ ~q/. BILL TO 5107 S~ H~ 3 S.W. Pon Om~ WA 98367 (3~) 67&2100 ~....--~__ P.O. NO. TERMS PROJECT  ~ Net 30 QUANTITY DESCRIPTION RATE AMOUNT Rcair leaking 120" MH for l~i~ County ~__ 7 4.25 Labor prevailing 1-16-03 125.00 531.25 4 Semi Flexible waterstop grout · 48.50 194.00 7 injection por~ 2.50 17.50 1 Watcrproofmorter (~~L~L'~P ~'~(Do~~ 42.00 42.00 0.5 Okum 30.00 15.00 1 p-tip 7,00 7.00 WSST Tax Exempt 0.00% 0.00 : : /gq' ,z- iThank you for your business. ~ $806.75 Steve Cavit From: Steve Cavit [steve.cavit@casne.com] Sent: Monday, February 10, 2003 3:33 PM To: Frank Harer; Larry Mixer; Ned Lever Cc: Ken Albinger; Scott Wisecarver; Linda Stiegler; Craig Beesley Subject: 0121-010 Bremerton Lift Station WB-6- Check Valve Failed Interlock & Alarm InteHock... e,b~ I am transmitting the wiring diagrams for the proposed new hardwired check valve failed interlock in the attached bitmap files. The design requires a new contact block on the HOA switch, a time delay relay, an ice-cube relay and four additional wires between the Main Control Panel and the VFD. The relays should ma~ch those already in use in the panel. The changes are identical for each pump so multiply the above by three for the total. The operation is explained on the second sketch, SK 16. The third attachment shows the check valve failed alarms connected to the PLC inputs. I will put hard copies in the mail to the City (Larry & Ned) and Systems Interface (Scott), just in case the files don't print clearly. Steve Cavit Casne Engineering, Inc. 355 - ll8th Ave SE Bellevue, WA 98005 (425) 454-3555 (425) 454-8922(fax) ~ H N .................. 1603 .................. O--I I CHECK VALVE [ ................ i Crud OPERATING NOTES. LINE 1601:CR2 CLOSES WHEN THE DRIVE STARTS TO RUN. TD 14 IS ENERGIZED AND THE CHECK VALVE HAS 30 SECONDS TO OPEN RELAY 7CR NC CONTACTS 19EFORE THERE IS A CHECK VALVE FAILURE ALARM AND SHUTDOWN. LINE 1603:CR2 CLOSES WHEN THE DRIVE STOPS RUNNING. TD14 ~S ENERGIZED ARD THE CHECK VALVE HAS 30 SECONDS TO OPEN RELAY 7CR NO CONTACTS BEFORE THERE IS A CHECK VALVE HARDWIRED CHECK VALVE FAILURE INTERLOCK & ALARM CITY OF BREMERTON l CASNE ENGINEERING, INC. WB-6 BELLEVUE, WA CHECK VALVE FAIL (425) 454-3555 02-07-o3 STC ilename: ..\VlSIO~brdr_01.vsd, Page1 SKETCH NO. 0121-010-SK1~ MAIN CONTROL PANEL H 120V i ~.,D PLC INPUT ~.F HAND ,.~o AUTO '~ TO TI) t4 SEAL4N CONTACT. :! ~COMMON 3 15 :I ; CR3 *UTO I: 2a8 SPEED SELECT 1 A-S L6 SEE CHECK VALVE FAIL WIRING DIAGRAM ON SNETCH DRIVE NO. 0121~110 SK15 RUNNING HARDWIRED CHECK VALVE FAILURE SPEED SELECT WIRING DIAGRAM FOR SSP101 I,;;~;;i,~.-, I o.~. TYPICAL FOR 3 ^UTO,,~ FLOATCOI~t~-ROL ........... ' VAI~Lu~=ER~i~ CITY OF BREMERTON CASNE ENGINEERING, INC. LIFT STATION WB-6 I BELLEVUE, WA VFD WIRING DIAGRAM ~ (425) 454-3555 02/07/03 STC ~lename: ..\VISIO~brdr_01.vsd, Page1 SKETCH No. 0121-010-SK1[ CITY OF BREMERTON CHANGE ORDER Contract Change Order No. 2 Project Name WB-6 Pump Station Original ContractAmt $ 1,534,190.00 Days 180 Project No. 545 Prey. Appvd. Changes $ 29,748.01 Days 60 Contractor Stan Palmer Construction This Change $7,397.44 Days 12 Revised Contract Amt $ 1,571,335.45 Days 253 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items for a lump sum price a,~reed upon between the Contractor and the City of Bremerton. Description of Changes Increase in (Decrease) Contract Contract in Contract Time Amount Amount(S) Extension ($) (days) Work Change Directive #4: Revise reinforcing steel in $558.80 $0.00 0 Wetwell top slab to provide H-20 loading per field revision. Work Change Directive #9: Provide 60 lineal feet of $4,023.10 $0.00 0 keystone block wall. Work Change Directive #10: Increase concrete panel $2,232.06 $0.00 0 thickness from 6 inches to 8 inches. Also provide sloped concrete floor in the valve vault. Work Change Directive #11: Miscellaneous Improvements. $3,374.86 $0.00 3 Increase fence height, modify hatch due to structural framing, provide stainless steel air piping, provide Iockable electrical panel. Work Change Directive #12: Credit Adjustment for deletion $0.00 ($2,791.38) 0 of hatch nets on horizontal vault access doors. Work Change Directive #13: Suspension of Work due to $0.00 $0.00 10 the scheduling conflicts during the holidays. Note: 1. See attached Work Change Directives for itemized costa. 2. Taxes are included in the totals for each WCD and the net total includes the 8.5% sales tax. Sub Total $10,188.82 (2,791.38) 13 Net $7,397,44 13 ' Total Net change in contract amount $7,397.44 13 Increase or (decrease) Page lof2 CITY Of BREMERTON CHANGE ORDER Contract Change Order No. 2 Project Name WB-6 Pump Station Odginal Contract Amt $ 1,534,190.00 Days 180 Project No. 545 Prey. Appvd. Changes $ 29,748.01 Days 60 Contractor Start Palmer Construction This Change $7,397.44 Days 12 Revised Contract Amt $ 1,571,335.45. Days 253 ' The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order. The Contractor agrees to fumish all labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provs ons w apply hereto. It is understood that the Change Order shall be effective when approved by the City of Bremerton. Recommended: Recommended:'~%~J¢'~"~--~) Date C(~ntractor f Date Mayor 7¢,..~ _ ..,C7,~./ / Date /~/~o/~ 2~- Page 2of 2 CITY OF BREMERTON CHANGE ORDER Contract Change Order No. 1 Project Name WB-6 Pump Station Odginal ContractAmt $ 1,534,190.00 Days 180 Project No. 545 Prev. Appvd. Changes $ 0 Days 0 Contractor Stan Palmer Construction This Change $ 29,748.01 Days 60 Revised ContractAmt $ 1,563,938.01 Days 240 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items for a lump sum price agreed upon between the Contractor and the City of Bremerton. Description of Changes Increase in (Decrease) Contract Contract in Contract Time Amount Amount(S) Extension ($) (days) Work Change Directive #1: Traffic Control Revision - No $0.00 $0.00 0 cost change resulting from a redirection of traffic on Callow Avenue. Work Change Directive #2: Contaminated Soils $24,154.93 $0.00 0 Remediation - Includes cost of delays, monitoring, excavation, and removal of contaminated soils encountered during construction. Work Change Directive #3: Storm Drain Revision $0.00 ($2,718.16) 0 Delete 12" storm piping and catch basin from the scope of work. Work Change Directive #5: Modify Surge Tank Foundation $359.09 $0~00 0 The surge tank foundation was enlarged to accommodate maintenance of the equipment. Work Change Directive #6: Modify Existing Sewer Lateral $452.15 $0.00 0 Includes the cost of additional work resulting from a conflict between utilities. Work Change Directive #7: Relocate Primary Power $7,500.00 $0.00 0 Trench. Covers additional construction costs resulting from relocating power conduit into the street due to conflict with gas lines. Costs include additional pavement removal and restoration. Work Change Directive #8: Provide named Allen Bradley $0.00 $0.00 60 VFD's in lieu of General Electric VFD's and extend contract date to accommodate extended delivery schedule. Note: 1. See attached Work Change Directives for itemized costs. 2. WCD ~ is still pending. 3. Taxes are included in the totals for each WCD and the net total includes the 8.5% sales tax. Sub Total $32,466.17 ($2,718.16) 60 Net $29,748.01 60 Total Page 1 of 1 CITY OF BREMERTON CHANGE ORDER Contract Change Order No. 1 Project Name WB-6 Pump Station Original ContractAmt $ 1,534,190.00 Days 180 Project No. 545 Prev. Appvd. Changes $ 0 Days 0 Contractor Stan Palmer Construction This Change $ 29,748.01 Days 60 Revised ContractAmt $ 1,563,938.01 Days 240 Description of Changes Increase in (Decrease) Contract Contract in Contract Time Amount Amount(S) Extension ($) (days) Net change in contract amount $29,748.01 None. 60 Increase or (decrease) The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the City of Bremerton. Recommended: / .. P roJ/ect Engineer Date Recommended:C~E~L~ ~ /~///~Date Approved: ] Mayor Dat~ Page 2 of 1 Il l lB II III BBIB II I ! ! ! City of Bremerton Bremerton, Washington I Volume 1 - Specifications for the Construction of ! ! WB-6 Pump Station January 2002 I I (~ MWH MOIY't'I~-~RY WA T$ON HARZA SECTION 00500 - AGREEMENT THIS AGREEMENT is dated the day of. in the year 20 by and between City of Bremerton (hereinafter called OWNER) and STAN PALMER CONSTRUCTION~ INC. (hereinafter called CONTRACTOR). OWNER 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 OWNER's Contract Documents entitled WB-6 Pump Station. ARTICLE 2. CONTRACT TIMES. The WORK shall be completed within 180 calendar days from the commencement date stated in the Notice to Proceed. Substantial Completion for the WORK must be achieved not later than 180 days from the date of Notice to Proceed. Final Completion and Acceptance of the Work must be achieved not later than 75 days after Substantial Completion. Time is of the essence as to each and every Milestone set forth in this agreement. This provision has been specifically negotiated. See SC 12.02 for further reference. ARTICLE 3. LIQUIDATED DAMAGES. OWNER and the CONTRACTOR recognize that time is of the essence of this Agreement and that the OWNER will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions and Supplementary Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the OWNER if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the OWNER and the CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) the CONTRACTOR shall pay the OWNER $2,000 for each day that expires after the time specified in Article 2 herein for Substantial Completion and Final Completion of the WORK and all fines levied against the City. ARTICLE 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in current funds the amount set for[h in the Bid Schedule(s). ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the G_G~I Conditions. Co~tr~ctor Initials MWH-012702 AGREEMENT 545-BREMERTON WB-6 PUMP STATION PAGE 00500-I SECTION 00500 - AGREEMENT THIS AGREEMENT is dated the day of in the year 20__ by and between City of Bremerton (hereinafter called OWNER) and STUN PALMER CONSTRUCTION~ INC. (hereinafter called CONTRACTOR). OWNER 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 OWNER's Contract Documents entitled WB-6 Pump Station. ARTICLE 2. CONTRACT TIMES. The WORK shall be completed within 180 calendar days from the commencement date stated in the Notice to Proceed. Substantial Completion for the WORK must be achieved not later than , 180 days from the date of Notice to Proceed. Final Completion and Acceptance of the Work must be achieved not later than 75 days after Substantial Completion. Time is of the essence as to each and every Milestone set forth in this agreement. This provision has been specifically negotiated. See SC 12.02 for further reference. ARTICLE 3. LIQUIDATED DAMAGES. OWNER and the CONTRACTOR recognize that time is of the essence of this Agreement and that the OWNER will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions and Supplementary Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the OWNER if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the OWNER and the CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) the CONTRACTOR shall pay the OWNER $2,000 for each day that expires after the time specified in Article 2 herein for Substantial Completion and Final Completion of the WORK and all fines levied against the City. ARTICLE 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in current funds the amount set forth in the Bid Schedule(s). ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with ~.rticie 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. .'. Contractor Initials MW H-012702 AGREEMENT 545-BREMERTON WB-6 PUMP STATION PAGE 00500-1 · :'~ . ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the WORK consist of this Agreement (pages 00500-1 to 00500-3, -.: inclusive) and the following attachments to this Agreement: o Notice Inviting Bids (pages 00030-1 to 00030- ~- , inclusive). o Instructions to Bidders (pages 00100-1 to 00100- 6 ,inclusive). o Bid Forms including the Bid, Bid Schedule(s), Information Required of Bidder, Bid Bond, and all required certificates and affidavits (pages 00300-1 to 00300- 18 . inclusive). o Performance Bond (pages 00610-1 to 00610- ? , inclusive). o Payment Bond (pages 00620-1 to 00620- g , inclusive). o General Conditions (pages 00700-1 to 00700- 4 ], , inclusive). o Supplementary General Conditions (pages 00800-1 to 00800- 39 , in,~,)~ Table of Contents. o Drawings consisting of 39 sheets, as listed in the Table of Content~List of Drawings. o Addenda numbers ~ to 2 , inclusive. o Change Orders which may be del~ered or issued after Effe~ive Date of the Agreement and are not aAached hereto. There are no Contra~ Documents other than those listed in this A~icle 6. The Contra~ Documents may only be amended by Change Order as provided in Paragraph 3.04 of the General Conditions. ARTICLE 7:: INDEMNIFICATION. The CONTRACTOR and OWNER 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 immuni~ under industrial insurance under Title 51 RCW. To the fullest eAent pertained by Laws and Regulations, the CONTRACTOR shall indemnify, dCend, and hold harmless the OWNER, ENGINEER, and DESIGN ENGINEER, their consultants, subconsultants, and the officers, directors, employees, and agents of each and any of them, against and from all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any pedormance of the WORK, but not from the sole negligence or willful miscondu~ of the OWNER an~or the ENGINEER as fuAher defined in the Contract Documents. AGREEMENT MWH-012702 545-BREMERTONWB-6 PUMP STATION PAGE 00500-2 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 OWNER, 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 OWNER 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 a subcontractors and suppliers. OWNER and CONTRACTOR each binds itself, Jts-' partn'ers;-successors, assigns and legal representatives to the ether 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, OWNER and CONTRACTOR have caused this Agreement to be executed the day and year first above written. OWNER: City of Br. emgrto~ CONTRACTOR Attest Attest Address for giving notices Address for giving notices 510'7 STATE HW¥ 3 SW, PORT ORCF]ARD, License No. ST-AN-PC-*202NF Approved a, to ~"-~ ~ ~ Agent for service of process: ~/(Title-) / MWH-012702 AGREEMENT R4R-RRFMFRTON WB-6 PUMP STATION PAGE 00500-3 AGREEMENT CERTIFICATE (if Corporation) STATE OF LUA,?~J~I"o,J_ ) ) SS: COUNTY OF {~,-t~-~ ) HEREBY CERTIFY that a meeting of the Board of Directors of the qorporation existing u~nder the laws_of_the State of ~Ot"~,.~ J'-t-I IO~"~b f~ ,'held on ~(~j~,~j,o~o.r- J c:~ , ~ ~o~, the following resolution was duly passed and adopted: "RESOLVED, that _ ,as ~ {~.- ~,"'i '-¢~'~ - Jc'~h~;'C~JL~'~ President of the Corporation, be ~nd is hereby authorized to execute the Agreement dated t-//I-7 , 20j~, by and between this Corporation and City of Bremerton and that his/her execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this 1'-'/ ,dayof ~. ¢'~' I ,200~. · /Secretary / / (SEAL) MWH-012702 AGREEMENT 545-BREMERTON WB-6 PUMP STATION PAGE 00500-4