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4651
STAN PALMER CONSTRUCTION INC
Sewage Pump Station CW-1 Upgrade
Engineering
LEG 12-1
09/06/2007
02/27/2009
02/15/2011
01/01/2011
Change Order #1-9/07
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Public Works and Utilities Department - Administration
100 Oyster Bay Avenue N . Bremerton, WA 983.12 . (360) 473-2327 . FAX (360) 473-5018
February 27,2009
Travelers Casualty and Surety Company of America
c/o Stan Palmer Construction, Inc.
5107 St Hwy 3 SW
Port Orchard, W A 98367
R;E: Release of Retainage Bond # 104973123
Sewage Pump Station CW -1 Upgrade
Dear Travelers Casualty and Surety Company of America,
Stan Palmer Construction, Inc. has completed all work required under contract for the Sewage
Pump Station CW -1 Upgrade.
Please release the retainage bond at YOuT earliest convenience.
Thank you for your prompt attention to this matter.
Sincerely,
A4H V~
Mildred H. Vellegas, CPA
PW & U Financial Manager
cc: Stan Palmer Construction, Inc.
;:Clty 'Clerk
Contract file
Bill Davis, Project Manager
Bond No. 104973123
COPy
RELEASE OF RET AINAGE BOND OF CONTRACTOR
KNOW ALL MEN BY THESE PRESENTS: That we Stan Palmer Construction, Inc.
(hereinafter called Principal), and Travelers Casualty and Surety Company of America a
corporation organized and doing business under and by virtue of the laws of the state of
Connecticut, and duly licensed for the purpose of making, guaranteeing or becoming sole surety
upon bonds or undertakings required and authorized by the State of Washington, (hereinafter
called Surety), as Surety, are held firmly bound unto City ofBremerton, (hereinafter called
Obligee) in the just and full sum of SIXTY-TWO THOUSAND NINE HUNDRED EIGHTY-
THREE AND 39/100THS ($62,983.39) plus 5% of any increases in the contract amount that
have occurred or may occur, due to change orders, increases in the quantities of the addition of
any new item of work
THE CONDITIONS OF THIS OBIGATION ARE SUCH THAT, Whereas, the said Principal on
the day of , , entered into a written contract with the said oblige for Sewage Pump
Station CW-l Upgrade which said contract is hereby referred to and made a part hereof by
reference.
WHEREAS, Pursuant to Chapter 60.28 RCW, the above named Principal has requested release
of retained percentage earned or which may be earned under said contract, and,
WHEREAS, the oblige is willing to release retained percentage in advance of contract terms
relating to payment provided the principal shall file bond to indemnify the oblige for all loss,
cost or damages which the oblige may sustain by reason of payment of retainage to the principal,
which bond shall be subject to all claims and liens in the same manner and same priority as apply
to the retainage percentage released, or to be released,
NOW, THEREFORE, the condition of this obligation is such that ifthe principal s.hall indemnify
the obligee for all loss, cost or damages which the oblige may sustain by reason of payment of
retained percentage to the principal then this obligation shall be null and void unless otherwise to
remain in full force and effect.
IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly
signed and sealed this 14th day of September, 2007.
'S" - '0~e. ~r ~>el ~ ......""\
By: (
aSlilllty a.'1d Surety Company of America
'~~
Lisa Kerstetter "-
Attorney-in-Fact
venry worKers' l...,omprremmrmstatuS - tmplOyer uaouny I...,emucare
nrrps:IIIOnress. wa.gov/lillfCrpSII f\ccunrornnLaspXf f\CCOllllUQ=.j l5.1~j...
Washington State Department of
Labor and Industries
Employer Liability
Certificate
Department ofLahor and Industries
Employer Liability Certificate
Date: 02/11/2009
UBI #: 600 336 626
Legal Business Name: STAN PALMER CONSTRUCTION INC
Account #: 383.931-00
'Doing Business As' Name: STAN PALMER CONST INC
Estimated Workers Reported: Quarter 4 of Year 2008 "51 to 75 Workers"
(See Description Below)
Workers' Comp Premium Status: Account is current. Firm has voluntarily reported and
paid their premiums.
Licensed Contractor? Yes
License: STANPC*202NF
Expire Date: 8/17/2010
Account Representative: T7 / ROBERT SCRIBNER (360)902-4679 - Email:
SCRR235@lni.wa.gov
What does "Estimated Workers Reported" mean?
Estimated workers reported represents the number of full time position requiring at least 480
hours of work per calendar quarter. A single 480 hour position may be filled by one person, or
several part time workers.
Industrial Insurance Information
Employers report and pay premiums each quarter based on hours of employee work already
perfomled, and are liable for premiums found later to be due. Industrial insurance accounts have
no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW
5] .12.050 and 51.16.190).
10ft
2/11120094:08 PM
'::-Employment Security Department
""""'b- WASlilNGTON STATE
P.O, 80< 90~16 · OlympiCl VV/>,98507.9046
CONTRACTOR: STAN PALMER CONST INC
5107 STATE HWY 3 SW
PORT ORCHARD, W A 98367
CERTIFICATE OF
) PAYMENT OF CONTRIBUTIONS
) PENALTIES AND INTEREST ON
) PUBLIC WORKS CONTRACT
ES Reference No.
4611 02-00 1
TO: CITY OF BREMERTON
3027 OLYMPUS DR
BREMERTON, WA 98310
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:
4651
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 reta.ined 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 December 11,2008.
Original-Disbursing Officer
Duplicate--Employer
TripIicate--Central Office Files
EMS 8449 760 R3-98
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AFFIDAVIT OF PUBLICATION
Account # 15554 Ad # 241661
STATE OF WASHINGTON
COUNTY OF IUTSAP
I, Laura Wessels, being first duly swom on oath, deposes and says: That she is now, and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of
KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court
of the County of Kitsap, in which County it is published and is now and has been for more than six months
prior to the dale of the publication hereinafter referred to, published in the English language continually as
a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kilsap County,
Washington and is now and during all of said time, was printed in an office maintained in the aforesaid
place of publication of said newspaper; that the following is a true text of a legal advertisement as it was
published in regular issues (and not in supplement f0n11) of said newspaper on the loll owing date, to wit:
November 20, 2008 and that such newspaper was regularly distributed to its subscribers during all of said
period. That the full amount oftlle lee charged for the loregoing publication is the sum of $53.50. The
amount has been paid in full.
~ A-, (UlJMi1lf:/
(Signature of Principal Clerk)
Subscribed and swom to belore me this day of February 18,2009. ..
~/
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Notary Public in and for the State of Washington, Kitsap'County.
NOTICE OF COMPLETION
Notice of Completion has been issued by the City of Bremerton to Stan Palmer Construction, Inc. for the
contract Sewage Pump Station CW -1 Upgrade. Any parties having a claim for material, labor or damages
related to this Contract have forty-f1ve (45) days from the date of first publication of this notice to file a
claim.
Carol Etgen
City Clerk
345 6th Street
Bremerton, Washington 98337
November 20, 2008..................AD #20079894
ACCEPTANCE OF COMPESSA nON & RELEASE OF ALL CLAIMS
Sewage Pump Station CW-I Upgrade
Project Number 591 - Contract Number 4651
Stan Palmer Construction hereby indicates agreement with. and acceptance 01: the final
Contract Payment of $91,067.79, the total Contract Price ofSt,210,018.27, which
includes Washington State sales and/or use taxes, and the final Contract Time of 275
days, as full.and final compensation for all Work performed in connection with Contract
Number 4651, 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.
St..l'~."
By: 7
Title: -f?.o /u..+ nL ~ y
Date:
'1/6 ~/o~
I I
Certificate of Notarv
Subscribed and sworn to before me this L\+h day of $e.pkrn}er, 20..Q&.
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Vendor
Subject
Department
Status Code
Amount
Begin Date
End Date
Review Date
Insurance
Comments
Contract Number 4651
STAN PALMER CONSTRUCTION INC
Sewage Pump Station CW-1 Upgrade
Engineering
CON File Class LEG 12-1
$1269534.00
09/06/2007
05/31/2008
05/01/2008
GL
AL
E&O
$2000000.00
$1000000.00
$
Insurance Total
Insurance Review Date
$3000000.00
07/01/2008
Change Order #1-9/07
CITY OF BREMERTON
CHANGE ORDER
CONTRACT CHANGE ORDER NO: 1
-----~.._.
PROJECT NAME: Sewage Pump Station CW.1 Upgrade
PROJECT NO:
591
CONTRACTOR: Stan Palmer Construction
ORIGINAL CONTRACT AMOUNT:
PREVIOUSLY APPROVED CHANGES:
$1.269,534.00 DAYS:
$0 DAYS:
240
o
THIS CHANGE:
( $QL_g~:r~-.:_.
$1.269,534.00 DAYS:
o
REVISED CONTRACT AMOUNT:
24D
This Change Order covers changes to the subject contract as described herein. The Contractor shall
construct, furnish equipment and materials, and perform all work as necessary or required to
complete the Change Order Items. The increase or decrease in contract price shown below includes
any applicable taxes.
DESCRIPTION OF CHANGES
INCREASE IN
CONTRACT
AMOUNT
(S)
(DECREASE) IN
CONTRACT
AMOUNT
($)
CONTRACT
TIME
EXTENSION
(DAYS:)
R ~
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(ll Ql
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iC---j-:sectionO'1320 is deleied and repiaced wilh the following new
Section 01320.
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~_.J.___.___ NET.CfiANGE IN CONTRACT AMOUNT
INCREASE OR (DECREASE)
$0
(SO)
o 1
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~-~~-
$0
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 aU 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.
CONTRACT CHANGE ORDER NO: 1.
PROJECT NAME: SEWAGE PUMP STATION CW~1 UPGRADE
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. .
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PROJECT ENGINEE~
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RECOMMENDED: ~ c: ~
CITY ENGINEER I DIRECTOR OF PUBLIC WORKS
RECOMMENDED:
(J'~. ] If'.
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ACCEPTED:
APPROVED:
ATTEST:
~f!f?'7
Date
<"1/1' j /C. -/.-7'
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'Date
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Pngc 2 01'2
TEMPORARY BYPASS PUMPING REQUIREMENTS
(Revised via Change Order #1)
SECTION 01320
PART 1 . GENERAL
1.1 SCOPE
A. The City's responsibilities and scope of work for the temporary bypass pumping
operation include:
a. Equipment rental, installation, operation, maintenance, layout, and
demobilization of the bypass pumping system.
b. Responsibility for any CSO events that occur at the site due to a rain event
that exceeds the capacity of the pumping system.
c. Coordinating directly with the pump vendor for all matters pertaining to the
installation, operation and maintenance of the system.
d. Ensuring the diesel pump is supplied with fuel.
e. Make any connections between the pump telemetry system and the main
control panel to ensure alarm communication between the pump station and
the WWTP.
f. Coordinate with the Contractor as needed to setup the bypass pumps.
g. Apply for and coordinate installation of the temporary power (480V) to operate
the system.
B. The Contractor's responsibilities for the temporary bypass pumping include:
a. Notify the City of any problems observed with the system immediately upon
discovery of any problems.
b. Allow the City unhindered access to the system as needed for operation and
maintenance.
c. Meet with the City and pump supplier to coordinate installation.
d. Maintain power to the main control panel at all times except when working
inside the panel to make connections. Panel outages shall be coordinated
with the City.
e. Schedule outside work appropriately that may be affected by the location of
the bypass pumps and discharge piping.
1.2 SCHEDULE OF IMPLEMENTATION
A. The bypass pumping system shall be installed no earlier than January 7, 2008. The
Contractor shall schedule work to minimize the amount of time the pumping system is
mobilized on the site.
B. The Contractor shall notify the City at least 21 days in advance of when the system
needs to be on-line so the City and pump supplier can install the system without
delaying the Contractor's work.
C. Upon completion of startup activities by the Contractor, the City shall demobilize the
system so the Contractor can complete remaining outside activities, including fencing
and landscaping.
SEWAGE PUMP STATION eW-1 UPGRADE
SEPTEMBER 2007 - REVISED VIA e.o. #1
TEMPORARY BYPASS PUMPING REQUIREMENTS
01320-1
1.2 SYSTEM LAYOUT AND CONFIGURATION
A. The pumps shall be located on skids approximately where located on Sheet C1 to
minimize interference with the Contractor's outside work. The location shall be
coordinated between the City and Contractor at a scheduled meeting.
B. The pump discharge piping shall be routed around the back of the building and along
the east side of the building.
PART 2 - PRODUCTS
(NOT USED)
PART 3 - EXECUTION
(NOT USED)
END OF SECTION
SEWAGE PUMP STATION CW-1 UPGRADE
SEPTEMBER 2007 - REVISED VIA C.O. #1
TEMPORARY BYPASS PUMPING REQUIREMENTS
01320-2
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AGREEMENT
SECTION 00500
THIS AGREEMENT is dated the 6 t h day of SEPTEHBER
by and between City of Bremerton (hereinafter called OWNER) and
STAN PALHER CONSTRUCTION, INC.
(hereinafter called CONTRACTOR).
in the year 2007
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 Sewage Pump Station CW-1 Upgrade.
ARTICLE 2. CONTRACT TIMES.
Substantial Completion for the WORK must be achieved not later than 240 calendar days from
the date of Notice to Proceed. Final Completion and Acceptance of the Work must be achieved
not later than 30 calendar days after Substantial Completion.
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 $500 for each day that expires after the time specified in
Article 2 herein for Substantial 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 Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as provided in the
General Conditions.
~contractor Initials)
SEWAGE PUMP STATION CW-1 UPGRADE
JUL Y 2007
AGREEMENT
00500-1
.
Drawings as listed in the List of Drawings.
Addenda numbers '~ 1 to 4, inclusive.
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ARTICLE 6. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the WORK consist of this Agreement (Section 00500) and the
following attachments to this Agreement:
.
Notice Inviting Bids (Section 00030).
.
Instructions to Bidders (Section 00100).
.
Bid Forms including the Bid, Bid Schedule(s), Information Required of Bidder, Bid Bond,
and all required certificates and affidavits (Section 00300).
.
Performance Bond (Section 00610).
.
Payment Bond (Section 00620).
.
General Conditions (Section 00700).
.
Supplementary General Conditions (Section 00800).
.
Technical Specifications as listed in the Table of Contents.
.
.
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. The
CONTRACTOR and OWNER acknowledge and agree to the requirements for indemnification
in Section 00800 SC-6.20. The provisions of this article shall survive the termination or
expiration of this agreement.
ARTICLE 8. SUSPENSION OF WORK AND TERMINATION
The Contractor agrees to the right of the OWNER to suspend work or terminate this agreement
as indicated in Article 15 of Section 00700 (Standard General Conditions) and Section 00800
(Supplementary Conditions). . ,,_I'
~~t7 (Contractor Initials)
SEWAGE PUMP STATION CW-1 UPGRADE
JUL Y 2007
AGREEMENT
00500-2
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ARTICLE 9. 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, 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.
Attest (}At;" ,,'.I.Jcd/Vl.). ~ /---
Address for giving notices
t5::!::::}(jl1;li;7~tJ
Address for giving notices Po r t
5107 State Hwy 3 SW Orchard, WA 98367
. ST-AN-PC-*202NF
LIcense No.
to FOrm:r
4 (~ignatuAtr.
~. C:,b O~~
(Ti e)
Agent for service of process:
SEWAGE PUMP STATION CW-1 UPGRADE
JULY 2007
AGREEMENT
00500-3