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HomeMy WebLinkAbout4353tenter Search Criteria, Press Esc Key to Transmit Press Del Key to Terminate Delete Mode CHANGE Contract Transactions Contract Number 4353 + ~Vendor Name STAR SEISMIC LLC ~Subject SEISMIC BRACES - CASAD DAM INTAKE TOWER Department ENGINEERING Status Code PUR ~_mount $245911.01 Begin Date 04/15/2003 Insurance End Date 11/15/2003 Type Amount Review Date 02/15/2006 GL $2000000.00 AL $1000000.00 + Insurance Total $3000000.00 Insurance Review Date 03/01/2004 +  Comments CHANGE ORDER #1 6/3/03 #2 9/29/03 #3 12/11/03 VAULT 01/01/2006 + lmlCWORKS AND UTILITIES · pus Drive * Bremcrton, WA 98310~1799 * (360)M471-5M3 li FL (310~ 4~8-5018 ENGINEERING DMSION TO: Paula Johnston FROM: Ned Lever ?//g~ DATE: April 12, 2004 SUB J: Star Seismic LLC, Casad Dam Intake Tower I have received ail 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 Finai Completion" Certificate of Payment of State Excise Taxes by Public Works Contractor The Department of Labor and Industries and the Certificate of Payment from the Employment Securities Department were not required for this contract as the work was done out of state. If release of retainage for this project is acceptable to you, please indicate by signing below then return this to me. I will see that the necessary accounting paperwork is processed to release the mtainage. Please call me if you have any questions at X2398. ~la Jc~l~nst°n//~5~p[lt~ City Clerk Washington State Department of Revenue PO Box 47474 Olympia, WA 98504-7474 602 291 272 Certificate of Payment of State Excise Taxes by Public Works Contractor STAR SEISMIC LLC CITY OF BREMERTON PUBLIC WORKS 3070 RASMUSSEN RD STE 260 NED LEVER PARK CITY UT 84098 5509 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 BRENERTON PUBLIC WORKS CASAD DAM INTAKE TOWER SEISMIC BRACE FABRICATION/SUPPLY together with all other taxes, increases and penalties due from such contractor, have been paid in full or that they are, in the Department's opinion, readily collectible without recourse to the state's lien on the retained percentage. This certificate is issued pursuant to the provision of Chapter 60.28 Revised Code of Washington for the sole purpose of informing the state, county, or municipal officer charged with the duty of disbursing or authorizing the payment of public funds to said contractor that the Department of Revenue hereby releases the state's lien on the retained percentage provided by this Chapter for excise taxes due from said contractor. This certificate does not release said contractor from li~}~ility for additional tax that may be later determined to be due with respect to the above-mentioned contract or other activities. Dated ~.fi I r9 !0q. at Olympia, Washington, . State of Washington Department of Revenue c Offi 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. TI'Y users may call 1-800-451-7985. REV 31 0028 (10-01-02) ROUTING: Disbursing Officer, Contractor, File, Special File ACCEPTANCE OF COMPENSATION & RELEASE OF ALL CLAIMS Casad Dam Intake Tower Seismic Brace Fabrication and Supply Project Number 417 - Contract Number 4;}53 Star Seismic, hereby indicates agreement with, and acceptance of, the final Contract Payment of $11,332.28, the total Contract Price of $245,911.01, including Washington State sales and/or use taxes, and the final Contract Time of 146 days, as full and final compensation for all Work performed in connection with Contract Number 4353, and does hereby release the City of Bremerton from all claims, liability, demands, damages and actions of any kind whatsoever, arising from performance of that Contract. Star Seismic LLC Certificate of Notary Subscribed and sworn to before me this. +~_ ._ day of__~) ~^ ~ ¢ ~,x _, ;2 C © ~- t {~.( ~ )~) Notary Public ~ ~,,.%'~.,,.'~,,~.. State of Utah ( ~ My Commission Expires D~. 18, 2~7 ~ e~ · P.O. Box 259 ~,~ ~37 CITY OF BREMERTON~a~.''~ (360) 377-3711 %TTN: ADMIN SERVICES The Sun CITY OF BREMERTON PO BOX 34298 239 4TH ST SEJITTLE, WA 99124-1298 42742 BREMERTON WA 99337 020,~3.~9~0000002~W~3 ~ NOTICEOFCOMPLETION 2xl, 2 29.61 · l oi?~o 3310 1ooo88399 F'~NAL COMPLETION 435 ALL MAJOR CREDIT CARDS ACCEPTED 34895' BILLING INQUIRIES: (360) 792-3333 AFFIDAVIT OF PUBLICATION No. Ad # 100088399 ~ATE OF WASHINGTON CO~TY OF KITSAP I, Robin Alexander, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of THE SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for mom than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; January 10, 2004 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $29.61 which amount has not been paid in full.~~~/q--/It ~ ~" ~. . .............. O,~,->. ~ ,~ -,., ~ ~'~:' xOl^R;..:% ~ ~ ~ : ~t : ~ (Signature of Principal Clerk) Subscribed a~d s .'a~Jo~ ~i~iay of January 16, 2004. ~: co :Ct, a- . .% , -'¢, ,, . Notary Pubhc ,n ~fo'r th't~ ~[~x~'f Wash,ngton, Kits NOTICE OF COMPLETION' Notice of Completion has been issued to Star Seismic LLC, on Contract No. 4353, for the Casad Dam Intake Tower Seismic Brace Fabrication and Supply project. Any parties having a claim for material, labor or damages related to this Contract have forty-five (45) days from the date of first publication of this notice to file a claim.- William Eley- Purchasing Manager- 239 4th Street- Bremerton, WA 98337- January 10, 2004°°#100088399- IEnter Search Criteria, Press Esc Key to Transmit Press Del Key to Terminate Delete Mode CHANGE Contract Transactions Contract Number 4353 Vendor Name STAR SEISMIC LLC ~Subject SEISMIC BRACES - CASAD D~LM INTAKE TOWER +Department ENGINEERING ~Status Code PUR + Amount $245911.01 Begin Date 04/15/2003 Insurance End Date 08/31/2003 Type Amount Review Date 08/01/2003 ~ GL ,2000000.00 A~ $1000000.00 + Insurance Total $3000000.00 Insurance Review Date 03/01/2004 comments CHANGE ORDER #1 6/3/03 #2 9/29/03 #3 12/11/03 CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 3 PROJECT NAME: CASAD DAM INTAKE TOWER SEISMIC BRACE FABRICATION AND SUPPLY PROJECT NO: 417 CONTRACTOR: Star Seismic LLC ORIGINAL CONTRACT AMOUNT: $159,548.00 DAYS: 138 PREVIOUSLY APPROVED CHANGES: $88,363.01 DAYS: 8 THIS CHANGE: ($2,000.00) DAYS: 0 REVISED CONTRACT AMOUNT: $245,911.01 DAYS: 146 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. DESCRIPTION OF CHANGES INCREASE IN (DECREASE) IN CONTRACT ~ ~. CONTRACT CONTRACT TIME -- ,- AMOUNT AMOUNT EXTENSION _e _e ($) ($) (DAYS:) X Negotiated credit to compensate for dye penetrant testing 0 ($1,843.32) 0 that was deleted fi'om the contract. NET CHANGE IN CONTRACT AMOUNT INCREASE OR (DECREASE) SUB TOTAL ($1,843.32) R E C E I V E D SALES TAX 8.5% ($156.68) TOTAL ($2,000.00 NOV 2 1 2O03 NET CHANGE IN CONTRACT ENGINEERING DIVISION AMOUNT Increase or {Decrease} ($2,000.00) CONTRACT CHANGE ORDER NO: 3 PROJECT NAME: Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature adsing from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, on-site or home office overhead, or lost profits. Nothing in this Change Order shall limit the City's right to bring a claim for past performance. 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. The parties whose names appear below warrant that they are authorized to enter into a change order that is binding on the parties of this contract. In addition, Contractor warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. RECOMMENDED: ___ PR//(TJECT ENGINEER Date CITY ENGINEER / DIRECTOR OF PUBLIC WORKS / Oate ~'CONTRACTOR I~ate f - APPROVED: ~ ~ /,~.//.~ $ MAYOR Date APPROVED AS TO FORM: ATTEST: ~'"'~remerton City Attorney Page 2 of 2 iEnter Search Criteria, Press Esc Key to Transmit Press Del Key to Terminate Delete Mode CHANGE Contract Transactions Contract Number 4353 Vendor Name STAR SEISMIC LLC +Subject SEISMIC BRACES - CASAD DAM INTAKE TOWER Department ENGINEERING Status Code PUR A-mount $247911.01 Begin Date 04/15/2003 Insurance End Date 08/31/2003 Type Amount Review Date 08/01/2003 GL $2000000.00 AL $1000000.00 Insurance Total $3000000.00 Insurance Review Date 03/01/2004 Comments CHANGE ORDER #1 6/3/03 ~2 9/29/03 + + CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 2 PROJECT NAME: CASAD DAM INTAKE TOWER SEISMIC BRACE FABRICATION AND SUPPLY PROJECT NO: 417 CONTRACTOR: Star Seismic LLC ORIGINAL CONTRACT AMOUNT: $159,548.00 DAYS: 138 PREVIOUSLY APPROVED CHANGES: $ 88,363.01 DAYS: 0 THIS CHANGE: $ 0.00 DAYS: 8 REVISED CONTRACT AMOUNT: $247,911.01 DAYS: 146 This Change Order covers changes to the subject contract as described herein. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items for a lump sum price agreed upon between the Contractor and the City of Bremerton. DESCRIPTION OF CHANGES INCREASE IN {DECREASE} IN CONTRACT CONTRACT CONTRACT TIME AMOUNT AMOUNT EXTENSION ($) ($) (DAYS:) Added eight days to the contract to better coordinate 0 0 8 delivery with DBM Construction. SUB TOTAL $0.00 SALES TAX 8.5% $0.00 TOTAL $0.00 NET CHANGE IN CONTRACT AMOUNT Increase or {Decrease} $0.00 Page 1 of 2 CONTRACT CHANGE ORDER NO: PROJECT NAME: Casad Dam Intake Tower Seismic Brace Fabrication And Supply _ Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, on-site or home office overhead, or lost profits. Nothing in this Change Order shall limit the City's right to bring a claim for past performance. 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. The parties whose names appear below warrant that they are authorized to enter into a change order that is binding on the parties of this contract. In addition, Contractor warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. PRO/fl~CT ENGINEER ~ Date CIT~~ECTOR OF PUBLIC WORKS '× Date ACCEPTED: 'bate' APPROVED: ~ ~l~. ) - ' '~//~ '~/~'~ MAYOR ~' - i "'' -Date APPROVED AS TO FORM: ATT~.T~ Page 2 of 2 +Browse: Next Previous First Last Update Delete Restart X - Exit Retrieve the Next record Found: 1 Record(s) MAINTAIN Contract Transactions Contract Number 4353 ~Vendor Name STAR SEISMIC LLC iSubject SEISMIC BRACES - CASAD DAM INTAKE TOWER Department ENGINEERING Status Code PUR Amount $247911.01 Begin Date 04/15/2003 Insurance End Date 08/31/2003 Type Amount Review Date 08/01/2003 iGL $2000000.00 AL $1000000.00 Insurance Total $3000000.00 Insurance Review Date 03/01/2004 + ~ Comments CHANGE ORDER #1 6/3/03 + CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 1 PROJECT NAME: WB-3 Pump Station PROJECT NO: 590 CONTRACTOR: Stan Palmer Construction ORIGINAL CONTRACT AMOUNT: $368,357.50 DAYS: 64 PREVIOUSLY APPROVED CHANGES: $ 0 DAYS: 0 THIS CHANGE: $21,187.88 DAYS: 0 REVISED CONTRACT AMOUNT: $389,545.38 DAYS: 135 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items for a lump sum price agreed upon between the Contractor and the City of Bremerton. DESCRIPTION OF CHANGES INCREASE IN {DECREASE} IN CONTRACT CONTRACT CONTRACT TIME AMOUNT AMOUNT EXTENSION ($) ($) (DAYS:) Provide modifications to Pump 3 suction/discharge piping 9,831.00 0 due to some misalignment Modify generator silencer support on roof 1,182.00 Delete demolishing existing generator pad (805.00) Delete replacing three (3) skylights (2,176.00) Relocate new incoming service transformer adjacent to the 7,675.00 pump station Provide wetwell sump pump for leaking sluice gate 450.00 Delete two (2) line stops; preparatory work already (13,966.00) completed Provide 5 ice cube relays, 10 contact blocks for H-O-A 4,520.00 switches, and 6 contact blocks for multi-position switches; implement VFD reset; repair comm. fault; correct alarm screen summary; change kW to A in PLC; provide additional alarm points; PLC programming for ModBus; implement DeviceNet modifications Provide five (5) time delay relays 1,167.00 Paint Pumps 2,650.00 Negotiated Compensation, for electrical service delays 9,000.00 SUB TOTAL $19,528.00 SALES TAX 8.5% $ 1,659.88 TOTAL $21,187.88 NET CHANGE IN CONTRACT AMOUNT Increase or {Decrease} $21,187.88 Page 1 of 3 CONTRACT CHANGE ORDER NO: 1 PROJECT NAME: WB-3 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 ito contract time, on-site or home office 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. PI~O J E ~¢'¢'/IANAG E R Date r / Dale ACCEPTED: t Date MAYOR Date AS TO FORM CITY ATTORNEY Date p~ql~ 3 of 3 =Enter Search Criteria, Press Eec Key to Transmit =Press Del Key to Terminate Delete Mode CHANGE Contract Transactions Contract Number 4353 Vendor Name STAR SEISMIC LLC · Subject SEISMIC BRACES - CASAD DAM INTAKE TOWER =Department ENGINEERING =Status Code PUR Amount $247911.01 Begin Date 04/15/2003 ~ Insurance End Date 08/31/2003 iType Amount Review Date 08/01/2003 ~2000000.00 ~1000000.00 Insurance Total $3000000.00 Insurance Review Date 03/01/2004 Comments CHANGE ORDER #1 6/3/03 + CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 1 PROJECT NAME: CASAD DAM INTAKE TOWER SEISMIC BRACE FABRICATION AND SUPPLY PROJECT NO: 417 CONTRACTOR: Star Seismic LLC ORIGINAL CONTRACT AMOUNT: $159,548.00 DAYS: 138 PREVIOUSLY APPROVED CHANGES: $ 0.00 DAYS: 0 THIS CHANGE: $ 88,363.01 DAYS: 0 REVISED CONTRACT AMOUNT: $247,911.01 DAYS: 138 This Change Order covers changes to the subject contract as described herein. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items for a lump sum price agreed upon between the Contractor and the City of Bremerton. DESCRIPTION OF CHANGES iNCREASE IN {DECREASE} IN CONTRACT CONTRACT CONTRACT TIME AMOUNT AMOUNT EXTENSION ($) ($} (DAYS:) Delete Cyclic Load Test: Delete the Seismic Brace Cyclic 0 ($37,141.00) 0 Load Test from the Contract. Tests have been previously conducted and are well documented. Add Miscellaneous Metals Fabrication: Add fabrication $118,581.56 0 0 of miscellaneous stainless steel collars, collar beams, and brackets to the Contract. SUB TOTAL $81,440.56 SALES TAX 8.5% $6,922.45 TOTAL $88,363.01 NET CHANGE IN CONTRACT AMOUNT Increase or {Decrease} $88,363.01 Page 1 of 2 CONTRACT CHANGE ORDER NO: 1 PROJECT NAME: Casad Dam Intake Tower Seismic Brace Fabrication And Supply 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 office 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. P/~J ECT ENGINEER Date CITY ENGINEER / Da~e ACCEPTED: ~"~' ~2~.) Da(e MAYOR Date AS TO FORM CITY A~O~EY Date Page 2 of 2 +Press Esc Key to Insert new record, Ctrl-Z to Clear form IPress Del Key to Terminate Insert Mode INSERT Contract Maintenance Contract Number 4353 ~Vendor Name STAR SEISMIC LLC +Subject SEISMIC BRACES - CASAD D~M INTAKE TOWER +Department ENGINEERING ~Status Code PUR Amount $159548.00 Begin Date 04/15/2003 Insurance End Date 08/31/2003 Type Amount Review Date 08/01/2003 Press F1 for GL $2000000.00 valid insuranceAL $1000000.00 type codes Insurance Total $3000000.00 Insurance Review Date 03/01/2004 C°mment s SECTION 00500 - AGREEMENT THIS AGREEMENT is dated the ~ day of ~ in the year 2003 by and between City of Bremerton (hereinafter called OWNER) and (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 Casad Dam Intake Tower Seismic Braces Fabrication & Supply. ARTICLE 2. CONTRACT TIMES. The WORK shall be completed by delivery, inspection and acceptance of seismic braces no later than August 31, 2003. 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 7 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 requiting 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 $400 for each day that expires after August 31, 2003, the time specified in Article 2 herein for Substantial Completion, and $2,000 for each day after September 30, 2003, and Final Completion of the WORK and all fines and consequential damages 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 Article 10 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. G--~T~CTOR Initials CASAD DAM INTAKE TOWER AGREEMENT SEISMIC BRACES FABRICATION & SUPPLY PAGE 00500-1 SECTION 00500 - AGREEMENT ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which compdse 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 00030-4, inclusive). o Instructions to Bidders (pages 00100-1 to 00100-5, 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 00300-17, inclusive). o performance Bond (pages 00610-1 to 00610-2, inclusive). o Payment Bond (pages 00620-1 to 00620-2, inclusive). o General Conditions (pages 00700-1 to 00700-18, inclusive). o Supplementa~ General Conditions (pages 00800-1 to 00800-14, inclusive). o Technical Specifications consisting of 7 Divisions and 22 pages, as listed in the Table of Contents. o Drawings consisting of one sheets, as listed in the Table of Contents / List of Drawings. ~ o Addenda numbers ~ to ~- , inclusive. o Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. 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 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 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 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, including alleged patent infringements, arising under, by reason of, related, or incidental to the Contract Documents or any performance of the WORK, but not from the sole negligence or willful misconduct of the OWNER and/or the ENGINEER as further defined in the Contract Documents. CO~t~RACTOR Initials AGREEMENT CASAD DAM INTAKE TOWER PAGE 00500-2 SEISMIC BRACES FABRICATION & SUPPLY ~ SECTION 00500 - AGREEMENT Ii 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 wdtten 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 secudty 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 subcontractors and contractors. OWNER 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, OWNER and CONTRACTOR have caused this Agreement to be executed the day and year first above written. OWN...EE-~-~.Citv of,.B ~:~e~n CONTRACTOR ~"'T",,~ ..~ i'Z'/4,'c- /-..~. ~-~ Address for giving flotices Address for giving notices License No. fq, E- Approved as to Form: Agent for service of process: (sig CASAD DAM INTAKE TOWER AGREEMENT SEISMIC BRACES FABRICATION & SUPPLY PAGE 00500~3