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Home My WebLink About4719 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4719 FISCHER GENERAL CONTRACTING INC Reservoir 12 Seismic Retrofit & Roof Repairs Engineering LEG 12-1 05/05/2008 08/31/2008 02/15/2010 01/01/2010 Change Order #1-8/08 ACCEPTANCE OF COMPENSATION & RELEASE OF ALL CLAIMS Reservoir 12 Seismic Retrofit & Roof Repairs City Project Number 4354 - City Construction Contract Number 4719 Fischer General Contracting, Inc., hereby indicates agreement with, and acceptance of, the final Contract Payment of $27,530.66, the total Contract Price of $230,889.03, including Washington State sales and/or use taxes and 5% retainage, and the final Contract Time of 104 Days as full and final compensation for all Work performed in ~-_.._-~~~~~---- ".....-/...'e6~iITestieR~"vii!B-...C-8n1:ril-2{--~lHrriacf~.~:;tJ.9--, -aBe~ "s0~g~...berel'''(J11t!~h~,~se",.;ule ,~-r i~J'''' Df . B reme~cn,' ~10. ....~ from all claims, liability, de~ands, damages and actions of any kind whatsoever, arising from performance of ~ Contiract. Fischer Llraclil, Inc. --.. ..,. ~ Date: \01 ~()( ()~ By: -TJ ,\ - \ Title: .f\\€S\OeJfc)\ Certificate of Notarv Subscribed and sworn to before me this /J.# day of uc.k\Jer, c0~ GAA~ d2~ ): ~:.~~~.'. ""'~ ~ ~<:) ..:~\~~'ON t":." -P<<" ~ , ~.- ~"C'-. "'-..0.. .J\. , ... ""':0 ~..~o~ ... ~:u ~\ ~ = i NOTAR'I i = :: PUBUC 1 = ... ..... I - -:.~\ ~~ ~ "1"~ ....!D"2~..." ~ ~ -; ~ 0 ......... ~r.:, ~ "'1 '!: WAS~'\ ",... 1111'"11\\\\\ 3 NOTICE OF FINAL COMPLETiON AND ACCEPTANCE Project: Date of Notice: Reservoir 12 Seismic Retrofit & Roof Repairs September 3, 2008 In accordance with Section 00700 Paragraph 14.06.B of the contract specifications, the City of Bremerton is issuing this Notice of Final Completion and Acceptance for the aforementioned project. By signing below, the City and the Contractor agree to fix the final completion and acceptance date of the project on August 31,2008. ~~."~ Brad Ginn City of Bremerton /JL' Dan Fischer Fischer General Contracting, Inc. AFFIDAVIT OF PUBLICATION Account # 42742/ Ad # 238357 STATE OF WASHINGTON COUNTY OF KITSAP I, Laura Wessels, 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 KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kit sap, in which County it is published and is now and has been for more 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, a weekly newspaper in 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; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit: September 12, 2008 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 $31.86. The amount has not been paid in full. r/) 1 /e K~4/ ~~ (Signature of Principal Clerk) Subscribed and sworn to before me this day of September 22, 2008. I:. _ 'A" Notary Public in and for the State of Washington, Kitsap 'tount~. -:iI," ~I i/'.. ^ -..;C'" . ,,-) /;. '0~~;:)(~V~ I~ ~;\;;,::o.(~4? Notice of Completion has been issued to Fischer General Contracting, Inc., for the Reservoir 12 Seismic'S~':'sS~'S'.::s:s:.?"":T Retrofit & Roof Repairs 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. NOTICE OF COMPLETION Carol Etgen City Clerk 345 Sixth Street, Suite 600 Bremerton Washington 98337-1873 September 12, 2008.................AD #20076338 l' , ~}l:P)f~f+!ot(;t l'lf evenue Washington State Department of Revenue PO Box 47474 . Olympia, WA 98504-7474 602 165 671 Certificate of Payment of State Excise Taxes by Public Works Contractor FISCHER GENERAL CONTRACTING INC PO BOX 661 POULSBO WA 98370 0661 CITY OF BREMERTON BRAD GINN 3027 OLYMPUS DR BREMERTON WA 98310 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 4719, RESERVOIR 12 SEISMIC RETROFIT & ROOF 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 pillpose 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 du with res ect to the above-mentioned contract or other activities. at Olympia, Washington, Dated State of Washington Depart nt of Revenue To inquire about the availability oftlii~. document in an alternate format for the visually impaired or i.n a ianguage other iha:nETIl.i;lisIi, please' call (360) .486-2342. TTY users may call 1-800-451-7985. . REV 310028 (10-01-02) ROUTING: Dis~fficer, Contractor, File, Special File PO Box 9046 · Olympia WA 98507-9046 ,:-- Employment Security Department -- WASHINGTON STATE ~,,'~ ...-<:-" 1,-,........-. --..,.-, .:":~:: ":-';.~~:;:::--;-~ "~~"'!'~~'-'~~::-. _.::...~ ~~ ~~.;'':'=~ - CONTRACTOR: FISCHER GENERAL CONT INC PO BOX 661 POULSBO, W A 98370 ) CERTIFICATE OF ) PAYMENT OF CONTRIBUTIONS ) PENALTIES AND INTEREST ON ) PUBLIC WORKS CONTRACT ES Reference No. 175703-007 TO: CITY OF BREMERTON 3027 OLYMPUS DR BREMERTON, WA 98310 The E~ploymen~ Securitypepal"tment hereM ce!tifi_esJ!wse~contributions, penalt!es ~nd 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: 4719 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 October 6, 2008. Original-Disbursing Officer Duplicate-Employer Triplicate-Central Office Files EMS 8449 760 R3-98 .~'" G - - - Rikijived: 1 0/03/2008 fW\"P..f, Company Information: th;\~'~, 'c", License History W ',' >;*,~;' ,~' " , ," Seafcti1foiJridustnal '::Insurance Premium Status !?'!!i'I'eiJt:ryp~:" ,., Coinpany Signature: Affidavit of Wages Paid Prewiling Wage Section Department of Labor & Industries PO Box 44540 Olympia, W A 98504-4540 Affidavitld:' ' , 191581'~'~ /.. Status:,. ,'A' . "'ApprOVed o Ii' 1'0/03/2008 H~\, , ..... "'0:0!0f'" . C'OM PAIil:r , 0, FISCHER GENER6[j~C2!'JTRG INC FISCHGC988BB' ,'. . .' 602 165 671 PO BOX 661" POULSBO, WA 98370 (360h697-5402 '. . Electronic' ' Electi1)nic PROJECT Public Agency: County: '. u. . City: ";;0i!#)'JY' . /?rcjjectNain;;t. . . Contract Nu~!lIJ;i<. Date Intert Flied;,:;;: Bid Due'Date:f' A ward Date: ,'.. Date Work Completed: I?time Contractor: . ,J"f~, BREMERTON, CITYOF/PUBLlC;V9oRKS 3027.0LYMPUSDRIVE . . BREMERTON, WA98310 . , KrrSA8Jrr!!UltipleCountieS? No .' Bremerton . :....:'g . ,Reservoir,12 Seismb~etrofit &'Roof Repairs .. :;:\..,':'4354 ; 04/18/2008 03/24/2008, 04/03/2OcfB" 09/05/2008 1~~k,' " FISCJjt=~C;;ENE::Rf\CCONTRG INC . FISc;ljjc;C~88BB . , (360)697-5402 ,,' '" Did Your CompanyHire SubcontraCtors To Perform All Work? . .. .. NO' fJf!t,tYo/fL.9'!mpany Hjre . ::~;; A!!y,Subcontractors. . . /IIfJ ' ,,;+,5: $ Amount:..;,\,~:t$212,605.00 Numbei::of;Owners:,'." 0 ,. Dic{p'Jlpioy~es p~riormedYeS1 . .j:{;,f(. Work'on' ThIS ProJect? ~":,;." .: ;'. Filed by: . . .." '~ji!~tGindy Bouffiou E' "M" "'p';'*FnvrE"'S': '.il47JlGES"" " ":,': " ....\Jt~J,'& ~,/ "V>>VM j(~ : ". . ~S" ,.\ ..,. . '''':'''!II:tj:} ".'9(,'%. J()UrneyL~~'el~trades/6~Y(lt,~1itions .~( . ...... ~et:~1f~~E~::4 Trad~"~-W !CARPE~~R Oc~~tjoa .,,' . I 'KiTSApmmILABORERS'i~m; ,; i CARPENTE-R 'TENDER.. ..mm m .mmmmmmmmmmmmm~ . Apprenti~e Trades/acCl1pation$ '1 ~ I I I , I mmmmmT Wag~;;ljFri4r;JgeTw--#~~~rs m~" .::'" :IVI or~ers ' .. mmmmm....mmm [mmmmmmmmmm,m ........m [m...m..............."................ m. '$'32:49' $11.32 8'1235 .."..Immm m ....1.... .........m.... ......1. .. mmmmmmmmm..... mm.. :.,$28:.04 ..' $8.32 3 77 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End.Date: Review Date: Vault Date: Comments: 4719 FISCHER GENERAL CONTRACTING INC Reservoir 12 Seismic Retrofit & Roof Repairs Engineering LEG 12-1 05/05/2008 08/31/2008 09/01/2008 Change Order #1-8/08 CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 1 PROJECT NAME: Reservoir 12 Seismic Retrofit & Roof Repairs PROJECT NO: 4354 CONTRACTOR: Fischer General Contracting, Inc. ORIGINAL CONTRACT AMOUNT: $210,743.73 DAYS: 60 calendar days PREVIOUSLY APPROVED CHANGES: $0.00 DAYS: 0 REVISED CONTRACT AMOUNT: $20,145.30 DAYS: 44 calendar days $230,889.03 DAYS: 104 calendar days THIS CHANGE: This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. DESCRIPTION OF CHANGES INCREASE IN CONTRACT AMOUNT ($) (DECREASE) IN CONTRACT AMOUNT ($) CONTRACT TIME EXTENSION (DAYS:) o ...-- t-- t-- ...-- ...-- Q) Q) "S "S 0:: 0:: X WCD #1 - Replace Roof Scuttle $3,766.25 $0.00 0 X WCD #2 - Demolish pick points on top of joists that interfere wI $5,231.26 $0.00 5 installation of hat channel $0.00 $0.00 32 X WCD #3 - Add time to contract X WCD #4 - Revise hat channel connection to joists $9,135.43 $0.00 5 X WCD #5 - Change roof connection over reservoir vents to C- $2,012.36 $0.00 2 channel profile instead of hat channel NET CHANGE IN CONTRACT AMOUNT $20,145.30 $0.00 44 INCREASE OR (DECREASE) 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. CONTRACT CHANGE ORDER NO: 1 PROJECT NAME: Reservoir 12 Seismic Retrofit & Roof Repairs 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: f /, 2 ! 0 "? Date PROJECT ENGINEER RECOMMENDED: ~ ~ CITY ENGINEER I DIRECTOR OF PUBLIC WORKS ACCEPTED: c .9/ I '3)r;6 Date MAYOR APPROVED: APPROVED AS TO FORM: . ~-=-=- . B :erton -City Att~ . ATTEST: ~fJtu:J City Cler Page 2 of2 CITY OF BREMERTON WORK CHANGE DIRECTIVE PROJECT: Reservoir 12 Seismic Retrofit & Roof Repairs Page 1 of 5 Project #: 4354 WCD#: 1 CONTRACTOR: Fischer General Contracting, Inc. Date: 5/27/2008 YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S): Replace hatch cover with Bilco roof scuttle per attached, or approved equal, and reinstall salvaged grating per attached sketch. Provide and install 3'x6' section of additional grating per attached sketch. A TT ACHMENT(S): SlIco hatch specifications, grating sketch :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 D ~ Contractor's Records D D IZf D Lump Sum Time & Materials Engineer's Records Other: D Other: Estimated increase (decrease) in Contract Price: $ 4,000. Dc.) Estimated increase (decrease) in Contract Times: Substantial Completion: days; If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Ready for final payment: days; If the change involves an increase, the estimated times are not to be exceeded without further authorization. RECOMMENDED: AUTHORIZED: ';) -~ {,?~~( ,",0- ---- CONTRACTOR CITY OF BREMERTON ab, FORMS. Work Change Directive. 3-00 Page 1 RES. 12 Hatch Cover Standard Percent. . Amount: Category ,. . .....'.. Hours Job Cost Phase. 11.25% 312 Labor 6.0 88.72 % 2,461 Material 0.04% 1 Subcontractor Equipment Other User 2,774 Net Costs 20.00 % 555 PROFIT $ OVERHEAD 2.00% 55 8&0, INS., AGe 5.00% 16 SMALL TOOLS TRAVEL OVERTIME 5.00% 0 PROFIT AND OVERHEAD ON SUBS . 3,400 Subtotal 2.00% 68 BONDS 3,468 Total Estimate without Taxes 8.50 % SALES TAX 3,468 Total Estimate with Taxes Page 1 CSI 1000 Item . Description General Conditions Takeoff aty Unit RES. 12 Hatch Cover Labor Total .. Mat.. Total. Subs Total. EqUip Total Other Total. Division - Details . Grand . ... Total 1040 Proiect Manaaer - Home Office week 1040 Suoerintendent week 1050 Survevina 2-man Crew hour 1410 Testina Isum 1505 Jobsite Mobilization/Demob Isum 1510 Temo Power Costs mnth 1510 Chemical Toilet Rental mnth 1530 Temo Chain Link Fence Inft 1560 Construction Cleanina week 1560 Dust Control Isum 1560 Erosion Control Isum 1580 Jobsite Sianaae Isum 1590 Drv Sheds. Container (RenO mnth 1590 Set Uo ContainerslTrailers each 1590 Trailer Rental- 8'x24' mnth 1590 Teleohone System mnth 1590 Drinkina Water Fountain mnth 1600 Pickuo 3/4 Ton mnth 1600 Gasoline Allowance mnth 1600 Flat Bed Truck mnth 1710 Final CleeninQ Isum General Conditions Total Sitework Total 7000 Thermal & Moisture Protection 17710 I Manufactured Roof Specialties I 1.000 I Isum 312.00 I 2,461.00 I 1.00 I 2,774.00 I Thermal & Moisture Protection Total 312.00 2,461.00 1.00 2,774.00 Grand Total 312.00 2,461.00 1.00 2,774.00 '/ BiI.ca I The Bilco Company P.O. Box 1203 New Haven, CT. 06505 (203) 934-6363, Fax(203) 933-8478 QUOTE THIS QUOTE WILL EXPIRE ON 08/18/08 ........... .,......... "n ,',_, .... . .... . .............." .........,............ Iifsc'HE'}t:HEN'ERAL;CONTkA'CTlNO' 1236 NW FINN HILL ROAD :"'::'~":.l:::':'lBt,lilr;:,."", ""= .:....:._-".......:...:..:......". .-....,,,.,,,'.: "......... .. .. '::.':';':i;;,.i .;:~~ !.;;i: ,i:~";;, t:~~~r-:f'., ~ ~ ~'.'-~ t ~j:( ;~~::~';:j;:m j: .. ". --- u.. 'BlmMERTONRESERVOIRlz--.---- __,'i;, POULSBO W A 98370 JEFF GRANLEE Phone (360) 697-5402 ... . ......... ....... "ProdJici,,;,; , ...... . .... ...... h.... ::.H<Maif?:;'~,~~~~udEs:>:i::m:":::",i,..",.,... 1 SS-50 BILCO ROOF SCUTTLE 3' 0.00 X 6' 0.00 HINGED ON THE 6' 0.00 11 GA (2.3mm) ALUMINUM 11 GA (2.3mm) ALUMINUM STANDARD 12" CURB REINF FOR 40 PSF(195 KG/M2) LIVE LOAD STANDARD SLAM LOCK MILL FINISH STAINLESS STEEL HDWE BILCO PART # XRSX50001 HINGED ON THE 6 I 0" SIDE STAINLESS STEEL HARDWARE 235 2195.00 2195.00 Description Description Curb Live Load Lock Finish Hdwe (914mm X 1830mm) (1830mm) SIDE COVER CURB FOB: TRUMANN I AR LEAD TIME: 5 WEEKS ************************************************************************************************ * FREIGHT TO 98370 Poulsbo WA * Freight is based on units and quantities as quoted above and * subject to review based on method of shipment. * Does not include alternates. 266.28 * * * * ************************************************************************************************ **************************************************************** *********** Above Pricing Does NOT Include Sales Tax *********** *********** All Applicable Sales Tax WILL BE CHARGED *********** *********** Based on SHIPPING DESTINATION Unless *********** *********** Exemption Certificates are Provided *********** **************************************************************** ,'~bt~~f>:i .. ......... .. ... no Note: The above pricing is net. All discounts have been taken for the quantity shown. Price is FOB factory and does not include tax or freight. If an order is placed for the items quoted above, lead time will be reviewed and may change based on plant capacity and/or OUr QUOTE I Bac.i I The Bileo Company P.O. Box 1203 New Haven, CT. 06505 (203) 934-6363; Fax(203) 933-8478 THIS QUOTE WILL EXPIRE ON 08/1 8/08 .. .. .... u. ~ ....:. .. .::.,.. . .:.,:::::;.... ,:.:",; :'_:::__ ;::[::,~:,:,.;:: .::,':: ~:; '~~~~ :,~::;i;~~.L~.~:i :L:,!:i;;~":; i ;::; :.:'" '"'':''' ;.;." ::1: ::;,,::~ ;.,: ..!" .". ..! .:..:::..,.; ,',i,;'::-:-;",,:..::::;,; "f; -:.:; ;~:~~:~,;.::.i;:,;:t-:1~:;'!!::~r,,"'!":;:::;;"<:::':"'! ,:-":' -- ... _ .. FISCHER GENERAL CONTRACTING 1236 NW FINN HILL ROAD POULSBO WA 98370 JEFF GRANLEE Phone (360) 697-5402 :':"'l ':l!'" ::::: i;:::.*;~~~~:::i~:~ j:'::i:~'~i~~1:;:;g;~:=:! j.i"r'~~~~j ~~:E-li!!Ii:l ~~E;;:: i'i' ,-. -........ BRE:&rnitfbN::~~~itv611!;:I,~;i'i!'~;'.~~;:':"'F~u Fax (360) 779-4373 i .'~raduct!:!m:::mimm 'uo.... "....."........ ".nn ....h.. material suppliers lead times at the time of the order. Price may be subject to change pending review of specifications and/or details. Above unit(s) are quoted with our standard 12" high curb. If curb must be tapered to match the roof slope (with covers to be level) we would need to know the degree of slope and location of the hinge side. A tapered curb would be an additional cost and if it is required, unit(s) must be requoted. We are quoting our standard 12" high curb, not 9" highi 1" insulation in the curb, not 1-1/2" insulation; cant strips by others. , ************************************************************************************************ ",* If Units Not Released To Fabrication By Oa/18/08 pricing Is Subj ect To Review * ************************************************************************************************ , . '1 Bi.Eca I QUOTE The Bilco Company P.O. Box 1203 New Haven, CT. 06505 (203) 934-6363, Fax(203) 933-8478 THIS QUOTE WILL EXPIRE ON 08/18/08 . ,i, ""::,::,'11"'--,-:', ... . I,i,;",," . .. ," ',::: ,',' ""..,.:.:.:';:: 1; .'j. "., '!' .: ,,~., ".._. ::: - :;';';; __... _. .... ';1,1;.: FISCH:E'R:'OENERA('"cdNTRACrING 1236 NW FINN HILL ROAD ..._....... ".__,." m.." ..... ._............ .__.__nmm. ..__. _.... ..._m._,:": ..'.,.... .""!"'.IJ~'. .,.,.,...,.,"......._...,.._..,.,.,._".,.,.,......_.,.".,.,on ti.::::jp.i!:!; : ';~ .. .. :;;;;:;:m;:~;;::;:;~:: l:;:~;:ttlj: ~;!~." F!!~!l!m;j !,;.; ;:;;:-.~ :'::.:'::" - .:. .. : __-::=",. .:.:: :';'0;';;' ..;' :::;i';":,:,; i,~:.:.::'~:i :;-:]ij::ii'i~~j.~;.:;.;:::~ 1:.~::'~~ 1'1';:! ;::.!! :!~!;ii!"!,;'f ,~'.! :.; I lIRENffiRTON' RESERvom..12........ . ... POULSBO W A 98370 JEFF GRAN LEE Phone (360) 697-5402 . '.. .................................... . '''p,' .' "'d'" .,n ...n "". ".,. .,. ... ....... n ......... ,..rf.!!.uct:':'::,: material suppliers lead times at the time of the order. Price may be subject to change pending review of specifications and/or details. Above unites) are quoted with our standard 12" high curb. If curb must be tapered to match the roof slope (with covers to be level) we would need to know the degree of slope and location of the hinge side. A tapered curb would be an additional cost and if it is required, unites) must be requoted. We are quoting our standard 1.2" high curb, not 9" high; 1" insulation in the curb, not 1.-1/2" insulation; cant strips by others. . .************************************************************************************************ * If Units Not Released To Fabrication By 08/18/08 pricing Is Subject To Review * ************************************************************************************************ QUOTE , I B.i!.ca I The Bilco Company P.O. Box 1203 New Haven, CT. 06505 (203) 934-6363, Fax(203) 933-8478 THIS QUOTE WILL EXPIRE ON 08/18/08 - '"n.::;,!: . ". .. .. _._---,------ ............... ... .. . ...n .. ... .....11.'''.,.,.",. ._.,. ~~':: "-,' . . . _0_ . ."'~~::: :;::ii!!i'ii!;:::; 1;~~~;-~~]::~~3;~~~ '"f..:;~~; i :'J~~~i .. ....... BiREMERToN""REsERv6IR"'(1' ..---................. .--..... -.-... ;" '. '..n ',: ~: :.:.: .,:;;-;;;::nrl"1',::;,!:i'!' FISCHER' GEN'ERAtLCON'rRACTINtY'--- 1236 NW FINN HILL ROAD POULSBO W A 98370 JEFF GRANLEE Phone (360) 697-5402 TYPE ss- :;::;g~P:~~~~~e~~~#p~_:~:m:m:T[[' Cover shall be 11 gauge (2.3mm) aluminum with a 3" (76mm) beaded flange and formed reinforcing members welded to support a minimum live load of 40 lb/sq. ft. (195 kg/sq. meter) or 20 lb/sq. ft. (98 kg/sq. meter) wind uplift. Insulation shall be glass fiber 1" (25.4mm) in thickness, fully covered and protected by an 18 gauge (Imm) aluminum liner. Curb shall be 12" (305mm) in height and of 11 gauge (2.3mm) aluminum. It shall be formed with a 3-1/2" (89mm) flange with holes provided for securing to the roof deck. Curb shall be equipped with an integral metal capflashing of the same gauge and material as the curb, full welded at the corners for weathertightness. Capflashing shall be equipped with the Posi-Flash(tm) flashing system, including stamped tabs. Insulation on the exterior of the curb shall be rigid fiber board 1" (25. 4mm) in thickness. Scuttle shall be completely assembled with heavy pintle hinges, positive snap latch with turn handles, padlock hasps inside and outside, and a mechanically retained thermoplastic rubber gasket. Compression spring operators enclosed in telescopic tubes constructed of a reinforced nylon 6/6 based engineered composite material shall be provided for smooth, easy and controlled door operation throughout the entire arc of opening and closing. Operation shall not be affected by temperature. Cover shall be equipped with an automatic hold-open arm complete with red vinyl grip handle to permit easy release. All hardware shall be of reinforced nylon 6/6 based engineered composite material or zinc plated and chromate sealed [for highly corrosive conditiorts, when so specified, stainless steel hardware will be provided]. Factory finish shall be mill finish. Installation shall be in accordance with manufacturer's instructions. Manufacturer shall guarantee against defects in material or workmanship for a period of five years. TERMS AND CONDITIONS The follov.ing II!: rms and conditions of sale a p~y to sllles or price qLlOtations by The Bilco Company (BILCO): 1. These Ie rms and conditions shall supersede any inconsistent or supplemental)' provisions contained in the purchase~s purchase order or any other communication. BlLCO contracts Nilh the purchaser on the condition that the purchaser accepts these terms and conditions without modification or qualification. 2. Any typographical, clerical orothererroror omission in any quotation, price list, acceptance of offer, invoice or other document or information issued by BILCO shall be subject to correction Without liability on the part of BllCO. l. All quotations provided by BllCO are preliminary, unless indicated in writing on the quotation. t. Final lllrms of sale as to product specification, price and delivery dalll are subject to approval by BllCO, upon receipt of an orderforimmediate fabrication, at BllCO's main business )/Iice in West Haven, CT. S. Acceptance of an order by BllCO is in all situations subject to a credit review of the purchaser by BllCO. BILCO reserves the rlgh~ in its sole discretion, to require fLAI or partial oayrnent in advance of shipment or commencement of the mamlacturing process. Any delay resulting from a credit review may result in a delay in shipping,which delay shall not subject BlLCO to any liability. BllCO reserves the righ~ in its sole discretion, to require the purchaser to provide letters of credit satisfactory to BlLCO. ;. All contractorwori< proposed for any project shall be provided by the purchaser. r. The purchaser shall provide all drawings and specifications when requested by BlLCO to allow BlLCO to design the product(s). BiLCO shall provide finished drawings and .pecifications for the product(s), and, when so required by BILeO, the purch!lllllr shall approve such drawings and speclncatlons In writing. When required, BlleO's fabrication WIll NOT ~GIN UNTiL PURCHASER'S WRITTEN APPROVAL IS RETURNED TO BILCO AND ALL CREDIT ISSUES ARE RESOLVED. l. If the purchaser wishes to make any changes to the producl(s) after work has begun on the product(s) or aftermaleri~ls have been ordered specific for the order, such changes may mly be made pursuant to a change order executed by BlLCO, wilh such changes to price, delivery dale and other matte IS as are agreed by BILCO. I. Terms of payment are specified the 'purchaser's invoice. Interest will accllle at alLCO'S sole discretion on any amounts not paid within 30 days of invoice date at the rail!: of one and lOe.half percent per month, orif such rail!: is not allowed by law in the appropriate jurisciclion, then at the highest rate allowed by law in thatjurisciclion. All payments are to be made in J.S. dollars. 10. BI LCO shall invoice the purchase r at lime of shipment for delivery of product(s). The sales price set forth therein does not include sales, receipts, occupation, use or similar taxes or ;ustoms and duty charges now or hereafter imposed by any federal, state or local gove ming body, all of which lBXes and'charges IIIe 10 be paIcl by the purchaser. Where applicable, auch axes and charges shall be added to Ihe invoice as a separalll charge or Iilled sepal3tely to the purchaser. In the event that such taxes or charges are paid by BlLCO, the purchaser .hall, upon demand, reimbul!le BlLCO such amount If tax exemp~ the purchasershall provide an exemption certificate for the jurisaction where Ihe material is delivered. The cost of lelive ring product(s) from F'ant of manufacture to the location specified by the purchaser shall be at the ex pense of the purchaser. 11. Except as setforth herein, BILCO warrants all equipment manufactured orsold by it to be free, under normal use and service, from defects in material and wori<manship for a pe riod )ffive years from dale of purchase. Electrical molors, smoke detectors and other special eqlipment may carry warranties of the manufactures of Ihose items. Any such warranties as to .pecial equiJ:ment are hereby, to the extent legally permitllld, assigned to !he purchaser. allCO makes no warranty as to any such special equipment or as to any goods not namiactured by alLCO. 12. In no event shall BILCO be responsible for any failure ca\.lSed by installa~on, fire, flood, war, riot, civil commotion, settling or shifting of walls orfoundation orcomponents, failure to )rope ~y store goods, abuse, vandalism, criminal acts, misuse of equipmen~ failure of electrical power, other utilities or environmental controls, nondecicated cirt:uits, or unauthorized Ittachments to or modifications the producl(s). ' ~o agent, re presentative, or dealer, or any other pe rson or entity, is authorized to give on BllCO'S behalf any representation orwa rl3nty as to the product(s} other than the warranty lerein expressed or to assume for BllCO any lia blUty pertinent to the product(s) under any circumstances. rHIS WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER EXPRESS OR IMPLIED WARRANTIES, iNCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR 'ITNESS FOR ANY PARTICULAR PURPOSE, AND IS IN LIEU OF ANY OTHER OBLIGATION ON THE PART OF BlLCO. 13. THE PARTIES AGREE THAT THE PURCHASER'S SOLE AND EXCLUSIVE REMEDY AGAINST BILCO FOR ANY CLAIM OF ANY KlND, INCLUDING BREACH OF WARRANTY, ~EGLlGENCE AND/OR STRICT LIABILITY IN TORT, SHALL BE FOR THE REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCT(S), SUCH REPAIR OR REPLACEMENT TO BE H BILeO'S SOLE DISCRETION. 14.THE PURCHASER AGREES THAT UNDER NO CIRCUMSTANCES SHALL BILCO BE LIABlE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR .OST PROFITS, INJURY TO PERSON OR PROPERTY( OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL LOSS), WHETHER ARISING UNDER WARRANTY, NEGLIGENCE, >TRICT LIABILITY, TORT, OR ANY OTHER THEORY. 15. THE PARTIES AGREE THAT IN NO EVENT SHALL BILCO BE LIABLE TO THE PURCHASER, A USER, OR ANY TH IRD PERSON FOR LOSS OR DAMAGES TO PROPERTY ~ESUL TING FROM FAILURE OF BlLCO'S PRODUCT(S) TO OPERATE OR TO FUNCTION PROPERLY, NOR AN V INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ~ESUL TING THEREFROM. THE PURCHASER SHALL OBTAIN ITS OWN INSURANCE COVERING PERSONALINJURV AND PROPERTY LOSS OR DAMAGE TO 1TS PREMISES, ~ND THEREBY AGREES TO INDEMNIFY BILCO AGAINST ALL CLAIMS OF THIS NATURE. 16. BlLCO shall not be liable for any loss or damage caused by delay in the performance or non-performance of any of its obligations due III any C3\.1Se that is beyond BILCO'S control, nclueing but not limited to hostilities, dvil dsturbance, requisitioning. govemmental ormunic1palreslrictions, prohilitions , or enactments of any kind, any strike, lockout or trade disputes whether involving its own employees or those of any other person), difficlAties in obtaining workmen ormalerials, breakda.vn of machinery, fire or accident Should any such event occur, 31LCO may cancel or suspend any order of product(s) made by purchaser without incurring liability to purchaser for any loss or damage. 17. If the purchaser cancels all or an y part of an order, the purchaser shall pay reasonable cancellation charges, the amount of such d1arges to be determined by BlLCO. 18. No product retums will be accepted unless BILCO ex pressly agrees In advance ta permit the return of such product(8). Such permISSion shall be granted In WIlling on a farm provided )y BlLCO(Retum Material Authorization Form) . A restocking charge plus in bound frei~t charges will apF'Y. If mate rial retumed requires rewollc to allow for resale, the purchaser will be ;harged the cost of Ihe rework ~us the restocking fee. 19. In Ihe event any da\.lSe contained in this agreement is dedared invalid or unenforceable by any court of competent jurisdiction, all other da \.ISes or parts contained In this agreement .hall remain in full force and effect and shall not be thereby affected. !O. This agreement shall be governed and construed in all respects in accordance v.ith the laws of Ihe Slate of Connecticut without gving effect to principles or conflicts of laws. The )urchaser hereby irrevoca l:Iy and unconditionally waives any claim to assert that the law of any other jurisdiction should govem this agreement !1. The purchaserhe~by consent> to Ihe jurisdiction of the court!> of the State of Connecticut and Ihe United States District Court of Connectfcutwlth mspect to any sLi~ action orother' Jroceeding arising under or in respect of this agreement orwith respect to the tl3nsactions contemplated hereby, and expressly waives any and all objections puiWasermay have to 'enue in any such courts, The purdJasershafl not bring any suit, action or other proceeding with respect to this agreement in any courb olherthan the above. The pUR:haserfurlher 19rees that any summons and com paint commencing an action or proceecing in any of such courts shall be propeJly served and shall confer personal jurisdiction if served personally or 'y certified mail to !he pun;haser at lis address provided at the beginning of this agreement or as othelWise provided under thelalllS of the State of Connecticut !2. Where mquired, the purchasershall be responsible forcomF'ying with any legs/ation or regulations goveming the importation of the producl(s) into the country of destination. !J. The United Nations Convention on lt1e Sale of Goods does not apF'Y to the sale of products under this agreement. I' ! / I .~ i -j. i? . j: I c;: <~. .- '".. 1. ~ '. ,J.!' ' , ~~____l( €..::$._J ~_ ~~'2a.,__L,,"__~~ ';.,(1 0 r~!...l___.:_} ~ir~ft_&:~t, <l:$_____! . , 1''' ~~ U ;:;:: -'" ~~~ .t~ i~ l~- (~~~1 ; L.V (.):J ti- ! v ~. , , I?: i . I ,;,.-:; f'Z:t -t1I."\,} , rhr-(o:?, 1_, tv \..,! ~- .~ it ~l,.. r ~ ,\ V Kkt c:.~ Rs. 'f-~p- if i) I If't.. l.v. A l- L. I ! f ---~-_._--- i I i i I I "' I I I I I I I i I i I I I I , i I I I I i i I r I I i i i I I I' I I ! I "- ~- N 0+ f" '$ C-oi f~ (- .~ \ ,----\ I------~:/ ... ...... . 'It- ME,~ I t,- i ' // 'I 1:L 1"/'" , f ! 1 V.. / ~9 ! \j 1,/" - ! \- r,o'..' .... i ! <t' !. " .... I' I . -. I," .', f -L. t' l't r.' . f'/ ~ r/ /' \I ~ 1 -L 6e ATlf>J<f <;/\l..VI\G;Eb 'i R A-"nfJ(). ''''':'', .. .:'..- : .. l~~ .... ... .....~. ./ 1- ... . -, ,~:'.:~: _.... _,', .~;.~ ~.'" ~~.::t.~,;Yi~... '.:; CITY OF BREMERTON WORK CHANGE DIRECTIVE WCD#: 2 Page 1 of 1 PROJECT: Reservoir 12 Seismic Retrofit & Roof Repairs Project #: 4354 CONTRACTOR: Fischer General Contracting, Inc. Date: 7/1/2008 YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE{S): Remove pick points from tops of joists to allow installation of aluminum hat channel ATTACHMENT(S): none 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: D Contractor's Records B1- Engineer's Records D Unit Price D Lump Sum [g] Time & Materials D Other: D Other: Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times: $ 5,000 Substantial Completion: 5 days; If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Ready for final payment: days; If the change involves an increase, the estimated times are not to be exceeded without further authorization. RECOMMENDED: AUTHORIZED: I~~'~'-~ CONTRACTOR CITY OF BREMERTON ab, FORMS, WorK Change Directive, 3-00 Page 1 RES. 12 Demo Pick Points Standard Percent Amount Category. Hours .. Job Cost Phase 90.57 % 3,380 Labor 65.0 Material 0.03% 1 Subcontractor 9.38% 350 Equipment 0.03% 1 Other User 3,732 Net Costs 20.00 % 746 PROFIT $ OVERHEAD 2.00 % 75 B&O, INS., AGe 5.00% 169 SMALL TOOLS TRAVEL OVERTIME 5.00% 0 PROFIT AND OVERHEAD ON SUBS 4,722 Subtotal 2.00% 94 BONDS 4,817 TOTAL EST. FOR BID WIO TAXES 8.50 % 37 SALES TAX 4,854 Total Estimate with Taxes Page 1 RES. 12 Demo Pick Points CSI 1000 Item Description General Conditions Takeoff Qty Unit . .. ..... .. tabor ." . Total' .''','Mat Total Subs Total Equip Total, Other Total Division - Details Grand Total 1040 Proiect Manaaer - Home Office week 1040 Suoerintendent week 1050 Survevina 2-man Crew hour 1410 Testina Isum 1505 Jobsite Mobilization/Demob Isum 1510 Teme Power Costs mnth 1510 Chemical Toilet Rental mnth 1530 Temp Chain link Fence Inft 1560 Construction Cleanina week 1560 Dust Control Isum 1560 Erosion Control Isum 1580 Jobsite Signaae Isum 1590 Drv Sheds - Container (Rent) mnth 1590 Set Up ContainersfTrailers each 1590 Trailer Rental - 8'x24' mnth 1590 Telephone Svstem mnth 1590 Drinking Water Fountain mnth 1600 Pickup 3/4 Ton mnth 1600 Gasoline Allowance mnth 1600 Flat Bed Truck mnth 1710 Final Cleanina Isum General Conditions Total Sitework Total 3 380.00 1.00 350.00 350.00 3 732.00 Grand Total 3,380.00 3,380.00 1.00 3,732.00 1.00 350.00 1.00 3,732.00 CITY OF BREMERTON WORK CHANGE DIRECTIVE WCD#: 3 Page 1 of 1 ,,PROJECT: Reservoir 12 Seismic Retrofit & Roof Repairs Project #: 4354 CONTRACTOR: Fischer General Contracting, Inc. Date: 7/1/2008 YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S): Add 32 calendar days to the contract time. Substantial completion is required by August 4 with final completion required by August 19. ATTACHMENT(S): none 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: D Contractor's Records [g] Engineer's Records D Unit Price D Lump Sum D Time & Materials D Other: D Other: Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times: $ none Substantial Completion: 32 days; If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Ready for final payment: days; If the change involves an increase, the estimated times are not to be exceeded without further authorization. RECOMMENDED: AUTHORIZED: t/L-A1/3~ p . -~ CONTRACTOR CITY OF BREMERTON ab. FORrvIS. Work Change Directive. 3-00 CITY OF BREMERTON WORK CHANGE DIRECTIVE WCD#: 4 Page 1 of 1 PROJECT: Reservoir 12 Seismic Retrofit & Roof Repairs Project #: 4354 CONTRACTOR: Fischer General Contracting, Inc. Date: 7/11/2008 YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S): Revise hat channel connection to the joists to Hilti - KB3 304 SS 1/4"x2" mechanical anchors with a min embed of 1- 11/16" at a 12" staggered spacing A TT ACHMENT(S): Fischer proposal If aclaim 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: o Contractor's Records [gJ Engineer's Records 0 Unit Price ~ Lump Sum 0 Time & Materials D Other: o Other: Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times: $ 9,135.43 (incl tax) Substantial Completion: 5 days; If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Ready for final payment: days; If the change involves an increase, the estimated times are not to be exceeded without further authorization. RECOMMENDED: AUTHORIZED: CONTRACTOR CITY OF BREMERTON-"'- .-.. ab. FORMS. Work Change Directive. 3.00 Page 1 RES. 12 Hat Channel Connection CSI 1000 Item Description General Conditions Takeoff Qty "Unit labor . . TotSl Mat Total " Subs . Total Equip" Total" . Other " Total Division - Details Grand Tatai 1040 Proiect Manager - Home Office weel<. J 1040 Suoerintendent week i 1050 Survevino 2-man Crew hour j I 1410 Teslina Isum 1505 Jobsite Mobilization/Oemob Isum 1510 Teme Power Costs mnth 1510 Chemical Toilet Rental mnth 1530 Temo Chain L.Ink Fence Inft 1560 Construction Cleanino week 1560 Dust Control Isum I 1560 Erosion Control lsum i 1580 Jobsite Sionaoe Isum I I 1590 Orv Sheds - Container IRent} mnth I 1590 Set Uo ContainersfTrailers each 1590 I Trailer Rental- B'x24' mnth 1590 Telephone System mnth 1590 Drinkino Water Fountain mnth 1600 Pickuo 3/4 Ton mnth I 1600 Gasoline Allowance mnth I 1600 Flat Bed Truck mnth I I 1710 Final Cleanino Isum 1 General Conditions Total Sitewerk Total Wood & Plastics Total -1 924.00 5 8:24.00 3,900.00 3.900.00 -3 600.00 6300.00 2,700.00 -5 524.00 12 124.00 6,600.00 Grand Total 2,700.00 6,600.00 Page 1 I Percent RES. 12 Hat Channel Connection Amount Category' ,:c",:", ,,' ...: ".." '.~ -.': :.. " :' ,-.~: .' . . -~ . .... - . " , "; 1'; Standard Hours Job Cost Phase ,I 59.09 % 3,900 Labor 75.0 I 40.91 % 2,700 Material Subcontractor Eauipment I Other User 6,600 Net Costs 20.00 % 1,320 PROFIT $ OVERHEAD 2.00 % 132 B&O, INS., AGe I I 5.00% 195 SMALL TOOLS TRAVEL 1 OVERTIME 1 1 5.00% PROFIT AND OVERHEAD ON SUBS I 81247 Subtotal 2.00% 165 BONDS I 8.412 TOTAL EST. FOR BID WIO TAXES I 8.50% I SALES TAX 8.4121 Total Estimate with Taxes CITY OF BREMERTON WORK CHANGE DIRECTIVE WCD#: 5 Page 1 of 1 PROJECT: Reservoir 12 Seismic Retrofit & Roof Repairs Project #: 4354 CONTRACTOR: Fischer General Contracting, Inc. Date: 7/25/08 YOU ARE OIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S): InstaIl8"x3-7/8" aluminum C-channel to span the CMU blocks over the reservoir vents. Aluminum shall be 0.060" 6061- T4, 0.04811 6061-T6 or 0.060" 5052-H32. Fasten with PAFs per the project specifications at 9" o.C. spacing alternate sides. ATTACHMENT(S}: none 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 o IZl Contractor's Records o [gJ o o Lump Sum Time & Materials Engineer's Records Other: o other: Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times: $ ...$6,900- l e S~ . 0 () Substantial Completion: 2 days; If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Ready for final payment: days; If the change involves an increase, the estimated times are not to be exceeded without further authorization. RECOMMENDED: AUTHORIZED: //} - {/ L/; CONTRACTOR CITY OF BREMERTON Page 1 RES. 12 C Channel Standard Percent. . Amount Cat~gory.. .. Hours.. Job Cost Phase 21.54 % 318 Labor 6.0 78.39 % 1,157 Material 0.07% 1 Subcontractor Equipment Other User 1,476 Net Costs 20.00 % 295 PROFIT $ OVERHEAD 2.00% 30 8&0, INS., AGC 5.00% 16 SMALL TOOLS TRAVEL OVERTIME 5.00% 0 PROFIT AND OVERHEAD ON SUBS 1,817 Subtotal 2.00% 36 BONDS 1,853 TOTAL EST. FOR BID WIO TAXES 8.50% SALES TAX 1,853 Total Estimate with Taxes CSI 1000 Item I . Description General Conditions Takeoff Qty. Unit RES. 12 t: Channel .. . Labor. .... . . Total Mat Total Subs Total Equip .. . : Total Other Total Division - Details Grand Total Page 1 1040 Proiect Manaaer - Home Office week 1040 Suoelintendent week 1050 SurveYIna2-man Crew hour 1410 Testinn Isum 1505 Jobsite Mobilization/Demob Isum 1510 Tema Power Costs mnth 1510 Chemical Toilet Rental mnth 1530 Tema Chain Link Fence Inft 1560 Construction Cleanino week 1560 Dust Control Isum 1560 Erosion Control Isum 1580 Jobsite Sionaae Isum 1590 Drv Sheds - Container (Rent) mnth 1590 Set Un ContainersfTrailers each 1590 Trailer Rental - 8'x24' mnth 1590 Telenhone Svstem mnth 1590 Drinkino Water Fountain mnth 1600 Pickuo 3/4 Ton mnth 1600 Gasoline Allowance mnth 1600 Flat Bed Truck mnth 1710 Final Cleanino lsum General Conditions Total 2000 12050 2090 Sitework I Demolition Dump Fees I Sitework Total ~ Isum 5000 15500 Steel I Metal Fabrications I Steel Total 1.000 I Isum 318.00 I 318.00 1 ,157.00 I 1,157.00 1,157.00 1.00 I 1.00 1,476.00 I 1,476.00 1,476.00 Grand Total 318.00 1.00 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4719 FISCHER GENERAL CONTRACTING INC Reservoir 12 Seismic Retrofit & Roof Repairs Engineering LEG 12-1 05/05/2008 07/18/2008 07/01/2008 I I I I I I I I I I I I: I: I: "I: , , I; I, , , II I" AGREEMENT SECTION 00500 THIS AGREEMENT is dated the /0 It" day of Af'!',t by and between City of Bremerton (hereinafter called OWNER) and Ji~dltc,j. L;~~~.f't, I G:,...,fv~t: f,,,,] (vtc:.- (hereinafter called CONTRACTOR). in the year 2008 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 Reservoir 12 Seismic Retrofit & Roof Repairs. ARTICLE 2. CONTRACT TIMES. The WORK shall be completed, to Substantial Completion within 60 calendar days from the date of Notice to Proceed, and to Final Completion within 75 calendar days from the date of Notice to Proceed. 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 $1,000 for each day that expires after any of the times specified in Article 2 herein for completion of any of the phases of work, Substantial Completion and subsequently for 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 Article 14 of the General Condi ions. Applications for Payment will be processed by ENGINEER as provided in the General onditions. Contractor Initials City of Bremerton Reservoir 12 Seismic Retrofit & Roof Repairs AGREEMENT PAGE 00500-1 I I I I I I I I I I I I ~ . . I I I I 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 00030-5, inclusive). o Instructions to Bidders (pages 00100-1 to 001 00-5,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-j to 00700-71, inclusive). o Supplementary General Conditions (00800-1). o Technical Specifications consisting of 6 Divisions and 91 pages. o Drawings consisting of 5 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. 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. / Contractor Initials City of Bremerton Reservoir 12 Seismic Retrofit & Roof Repairs AGREEMENT PAGE 00500-2 I I I I I I I II I I I I I I I I I I I I 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, 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 fi st above written. CONTRACTOR fkc: By HaptY' Attest ~~~~ ~ 'd By Attest Address for giving notices ~:;J91:;;i/~~~ Address for giving notices i Z 3b tV W J:l'~k tl,'l/ R"f, ~""Ji..h,,( w,-4 <iti:J1<=> ,c66 ( License No. F/5( 1-/6(.. 9B8f>f3 ~ve~~~:~~:t:) ~ ~. ~..A+' J\ ~ -it-o {" r\ ~\ (Title) \ Agent for service of process: 71,,,. F,'~c.l.t... r City of Bremerton Reservoir 12 Seismic Retrofit & Roof Repairs AGREEMENT PAGE 00500-3