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Home My WebLink About4738 C_ Contract Number: 4738 Vendor: STAN PALMER CONSTRUCTION INC , Subject: Reservoir Seismic Valve Upgrade Department: Engineerinq File Class: LEG 12-1 Begin Date: 06/26/2008 End Date: 06/12/2009 Review Date: 02/15/2011 Vault Date: O1/01/2011 Comments: Change Order #1-11/08 � ACCEPTANCE OF COMPENSATION & RELEASE OF ALL CLAtMS Reservoir Seismic Valve Upgrade Contract Number 4738 Stan Palmer Constructiou hereby indicates agreement with, and acceptance of, the finat Contract Payment of $11,185.80, the total Contract Price of $259,348.09, which includes Washington State sales and/or use taxes, and the final Contract Time of 225 days, as full and final compensation for all Work performed in connection with Contract Number 4738, 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. Stan Palmer Co ction, [nc. / � By:�". Date: � F'S Title: `'a r ufi" QNa cr Certificate of Notarv Subscribed and sworn to before me this � day of J i-t s�e ,?Oo`l . :�,(� f..St�s` �� - -- ----- ` ��111111l1/�f�� ``` �� ` �uZAI� . � J �i�� . I N �� ' o � � � `� . GpMMIS3��y �9 �� I � * : � �S 0 T,4� �f,�9R� r , i � V � d �.9-L � • 'e.30 � j • _ / � ° � : A �. r"; .► i��. � G ��.�Ci ` *.� � � � �'f g. O� � / �� •� �� '`��?010�� ``�'�`` � �� i,��'y� IN �`0 ` �� --� - --- AFFIDAVIT OF PUBLICATION Account # 42742 AD# 248829 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 SITN; 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 date of the publication hereinafter refeired 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: June l 2, 2009 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 publica ' is the sum of $.86. The amount has not been paid in full. , (Signature of Principal Clerk) Subscribed and sworn to before me this day of June 23, 2009. �+u''�� `� ��► � �• ° ti _ ; �T�y � Notary Public in and for the State of Washington, Kitsap County. :� "'� � =°�'�► �. �'� rg ',�.� .�.�,,��• �` ��''��oR�6NA8 ��```. NOTICE OF COMPLETION Notice of Completion has been issued by the City of Bremerton to Stan Palmer Construction, Inc. for the contract Reservoir Seismic Valve Upgrade. 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. Carol Etgen' City Clerk ' " 345 6th Street Bremerton, Washington 98337 June 12, 2009 .............................AD #20087680 , Washington State � 'Ye{`��?��;_�,+� �>� Department of Revenue ��`��"�� PO Box 47474 Olympia, WA 98504-7474 600336626 � Certificate of Payment of State Excise � � Taxes by Public Works Contractor STAN PALMER CONSTRUCTION INC CITY OF BREMERTON PUBLIC WORKS 5107 STATE HWY 3 SW BILL DAVIS PORT ORCHARD WA 98367 7486 3027 OLYMPUS DR BREMERTON WA 98310 4799 We hereby certify that taxes, increases and penalties due or to become due from the above-named contractor under Chapter 180, Laws of 1935, as amended, with respect to the following public works contract: CITY OF BREMERTON PUBLIC WORKS 4738, RESERVOIR SEISMIC VALVE UPGRADE 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 liability for additional tax that may be later determined to be due with respect to the above-mentioned contract or other activities. Dated ��.?�� at Olympia, Washington, State of Washington Departme t of Revenue _ _ � ` r � Certifying fficer For tax assistance; visit dor.wa.gov or call 1-800-647-7706. To inquire,about the availability of this document in an altemate format for ttie visually impaired ; please call (360) 705-6715. Teletype (TCY) users may call 1-800-451-7985. , � REV 31 0028 (10-01-02) ,..r Employn9ent Securi epart ent �::r.�,._a:,, __ WASH INGTON. STA?:F . . _ --- — ---- — - -._.� _._._ �...�___ _.. . .._ .� CONTRACTOR: STAN PALMER CONST INC ) CERTIFICATE OF 5107 STATE HWY 3 SW ) PAYMENT OF CONTRIBUTIONS PORT ORCHARD, WA 98367 ) PENALTIES AND'INTEREST ON ) PUBLIC WORKS CONTRACT ES Reference No. 461102-00 1 TO: CITY OF BREMERTON - BILL DAVIS 3027 OLYMPUS DR BREMERTON, WA 98310 The Employment Security Departmen; hereby certifes 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: 4738 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 August 13, 2009. COMMISSIONER E MENT SECURITY DEPARTMENT (Authorized Represe tive) Original—Disbursing Officer Duplicate—Employer � �� Triplicate—Central Of�ce Files � �� EMS 8449 760 R3-98 � A�� '$ 2009 i _?��,-'"��G �IVISION Verify Workers' Comp Premium Status - Employer Liability Certificate Page 1 of 1 Washington State Department of ��, �'r��g�� Employer Liability Labor and Industries # � .. � Certificate � = � � � �'� i�� '�'� Department of Labor and Industries Employer Liability Certificate Date: 11 /24/2009 UBI #: 600 336 626 Business Name: STAN PALMER CONST Legal Business Name: STAN PALMER CONSTRUCTION INC Account #: 383,931-00 'Doing Business As' Name: STAN PALMER CONST INC Estimated Workers Reported: Quarter 3 of Year 2009 "76 to 100 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: T3 / KENT ANDERSON (360)902-6963 - Email: ANDN235@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 performed, 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 51.12.050 and 51.16.190). https://fortress.wa.gov/lni/crpsi/AcctInfoPrint.aspx?AccountId=3 8393100&AccountManager=T3+%2f+... 11 /24/2009 i .,_ -_-- _ - _,___ ___---_____ ___-_--__-��=________—_-__ __ ��, __' _ _ _' ' ' ii 'l ' _ __ ; � - p;�r? ''�- - 'I� a. : ;:,_.�;� .,t; �7 .' �'- ; j I �. � . � - �,._��z -�'�c'�; � ,' .'�,' '��'t::�°a�; :=::o'=:'-_ ;=' s ; :,.r'� "'' -•?`° '('.;:'v-, LL` ...� ' � � ;' „_ •� �''•'1' , j �� _ �.a :y . ; '�";;`=,z:t,�,c",,�.� , _ ��_ =�� ; . ,,,� r y i%, ii ;_ _ -�:`-=t� ��"�!j'1ti(_ ; j ; �_w-__.___ ,i ,"' -->'"' _. .-�� :��M ` �. �:„-�. [_:..-,;'i.--:°:� 11+=.:�_- ; - �....� '{1 .a'=;°' j, y � � , z� � �' -,��`..�.�;: ^ � � k.> ' fr.�-;i° �'. �� , "it. �.'. � � �'I—__— __ ="'"i'= ____--__ s r�:��,7`�S�n+.�;L., ------1— �r,; �>iyre � r'?�,r;��>�,�,;.�r,;�� '. P[/BL/C WORKS 8 UT/L/T/ES �;� --: : �� - . ,�,-�. �..� �;�� . - . , ;.. � �..._. _ Te/360=473-5315, ." ',- . ' Adininist�ation � �F�3so=�i3:�a,8 �, �� _�, �� 1000ysterBay"Ave.N.�,` rv i i- 8rei�erton; WA e98312, :� � ,� ;, i %.` January 12, 2010 Travelers Casualiy and Surety Company of America c/o Stan Palmer Construction, Inc. 5107 State Hwy 3 S W Port Orchard, WA 98367 RE: Release of Retainage Bond No. 105131317 Stan Palmer Construction, Inc. Escrow Account #0670003042 Deaz Travelers Casualty and Surety Company of America , Stan Palmer Construction, Inc. has completed all work required under contract for the construction of the project titled "Reservoir Seismic Va1ve Upgrade". Please release Retainage Bond No. 105131317 at your earliest convenience. Thank you for your prompt attention to this matter. Sincerely, /�j�l 1/�e� Mildred H. Vellegas, CPA PW & U Financial Manager cc: Stan Palmer Construction, Inc. Carol Etgen, City Clerk Tom Knuckey, Project Manager Contract file Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4738 STAN PALMER CONSTRUCTION INC Reservoir Seismic Valve Upgrade Engineering LEG 12-1 06/26/2008 12/31/2008 02/15/2011 01/01/2011 Change Order #1-11/08 AFFIDAVIT OF PUBLICATION Account # 42742 AD# 248829 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 Kitsap, 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 refelTed 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: June 12, 2009 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$39.86. The amount has not been paid in full. ?~ .'. . '" (Signature of Principal Clerk) Subscribed and sworn to before me this day of June 23, 2009. NOTICE OF COMPLETION ,vA'''''' :10~ ...~t~ #' ..... ~.......~ ~ .~. ~~ ~ " i i _.., i~ .....' ~.. . % ~\ ..." ' " , ~~..~- ..A.'" ~""~~GI,,!;~~.Mi ..../, ..,. ,,;:...........'i * ~IIII' r 'A '''\~''\,'i """"'f1I""'~ Notice of Completion has been issued by the City of Bremerton to Stan Palmer Construction, Inc. for the contract Reservoir Seismic Valve Upgrade. Any parties having a claim for material, labor or damages related to this Contract have forty- five (45) days from the date of first publication of this notice to file a claim. Carol Etgen City Clerk 345 6th Street Bremerton, Washington 98337 June 12, 2009.............................AD #20087680 CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 1 PROJECT NAME: Reservoir Seismic Valve Upgrade PROJECT NO: 419 CONTRACTOR: Stan Palmer Construction ORIGINAL CONTRACT AMOUNT: 253,581.00 DAYS: 0.00 DAYS: 5410.39 DAYS: 258,991.39 DAYS: 90 PREVIOUSLY APPROVED CHANGES: o THIS CHANGE: 76 REVISED CONTRACT AMOUNT: 166 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. DESCRIPTION OF CHANGES INCREASE IN CONTRACT AMOUNT ($) (DECREASE) IN CONTRACT AMOUNT ($) CONTRACT TIME EXTENSION (DAYS:) 0.... ..... ..... .... ..- GI GI '3 '3 a= a= X Work Change Directive #1 -Install new 12" butterfly valve at 5410.39 0 1 Reservoir #17 X Extend contract duration by 45 days due to unanticipated long lead time on actuators due to worldwide demand. 0 0 45 X Extend contract duration by 45 days due to Hurricane Ike, which severely affected the production and shipping of the ElM actuator. 0 0 45 -. 5410.39 0 91 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 Seismic Valve Upgrade 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. fA. RECOMMENDED: ~~:JH DM~ ///;/o-B ~JEC ENGINEER I l1ate RECOMMENDED: ~~~ CITY ENGINEER I DIRECTOR OF PUBLIC WORKS ACCEPTED: MAYOR ()& APPROVED: APPROVED AS TO FORM: ATTEST: ~~d~ City Clerk Page 2 of2 Reservoir Seismic Valve Upgrade CITY OF BREMERTON WORK CHANGE DIRECTIVE (WeD) weD #: 1 Date: 6120/08 Project #: 419 Contraotor: Stan Palmer Construction NoUce to Proceed Dale; June 24,2008 YOU ARE DIRECTED TO PRoceeo PROMPTLY WITH THE FOLLOWING CHANGECS): Replace exisling 12" butterfly valve at Reservoir 17 with new butterfly for new actuator. ATTACHMENT(S}: Supporting documentations If a claim Is madelhat the .boY. changeCs) have affected ConltaCl Price or ConlraCt TImes any dam for a Change Order Is based thereon wllllnvolve one or mOl'8 of the following methcda of da18nnlning the effect of Iha change(s). The Change Order will be executed In accordance wllh SectIon 1-04A of the WSDOT Standard SpecillcaUoml, Dr Mlcle 10 of the General Condlllons. Method of del8m1ln1ng change In Contract Price: o Unit Price 181 Lump Sum o Time 8r Materials o Olller. Method of detennlnlng change In Contract Times: o Connctofs Records 1&1 Eng/neefs Records o Other: estimated Increase (decrease) in Contract Price: Estimated Increase (decrease) In Conlfact Tim..: $ 5410.39 Substantial Completion: .... days; tllhe dJange involves an Increase, the esUmated amounlls not to be exceeded wilhout fwther aulhorizallan. ReBdy for 1In81 payment: 0 days; If the change Involves an Increase, the e&llmBled times are not to be exceeded without futfher authorization. RECOMMENDED: ~,j~ -\?(~.~ ~~~i~V\ ~OR &y. I t/t;~ AUTHORIZED: By: RESERVOIR SEISUIC VALlI2: rJPG/WJe PAGE1OF1 C 0 rj 5 T fl U C T ION 5101 State Hwy 3 SW Port Orchard, Wit. 98361 tiT -AN.PC-.202Nf (3&0) 814.2100 · F8lC: (3S0) 674-7190 www.atanpaJmarconstrucllon.com . Juno 19. 2008, City OCBremerton PW&t1 3027 01ympus Drive Bremerton, W A 98310 Attn: Bin Davia He: Re8erwir Seismic Valve Upsmcfe Project; Upgrade forbutterily valve at Reservoir No. 17. .Dear Bill, As we diseussed the earthquake &)'Stem equipment supplier has some reservations using the existing butterfly valve at reservoir 17. Retrofitting a used volve ofabis typo is less than desirable in this kind ofiDstaUation and we would prefer to iDstaU a new butterfly valvo apecifically for this application. I bave wodced up a cbanp request to replace the existing valve with a new butterfly valve with a shaft and neck extension that is manufiu:tured specifically for the purpose iatended. Doing this would eliminate any problems with the warranty and would be in rhe long tenn intete.sts of the City. We should decide this fairly soon because oftbe lead time for materials on this project. .:?~ Todd Hap Project MDDllger STAN PALMER CONSTRUCTION PROJECT: Reservoir Seismic Valve U~ DATE: 612312008 SPC NO. X-OOl TO: CITY OF BREMERTON PW&U 30270LYMPUS DRIVE BREMERTON, WA 98310 360-473-2312 PHONE 360-473-5398 FAX DESCRIPTION Replace existing butterfly valve with new valvo and operator shaft suitable for an eJeclriclyoperated actuator. DIRECT COSTS FROlKWORK SHEET I LABOR 319.38 direct Jabor w/ftinges safety & insurance 2 eQUIPMENT OWNED 98.43 Direet equipment costs 3 RENTAL EOUIPMB<< 0.00 Direct rental c:osts 4 MATERIALS 3,995.00 Direc:t materilll costs S SMALL TOOLS 0% 0.00 6 DIRECT SUPERVISION OOAl 0.00 7 SUB TOTAL 4,412.81 Prime contractor Dir~ Costs. smaU tools & supervisioo 8 SUBCONTRACTORS 0.00 Subcontractor Costs 9 OVER HEAD & PROFIT 20% 882.56 10 MARK UP ON SUBCONTRACTORS 10% 0.00 J1 SUB TOTAl 5,295.38 12 WA State Sares fax (8.5% of Una 13) 8.60% 455.40 For calculating Bonds & Insurance amount only 13 Bonds and Insurance (1 % of lines 11and 12) 2% II 5.02 Bond and Insurance on increased contract amount 14 ToIat Change Proposal Cost 5.410.39 Tolal Change Proposal (nollncludlng WA State Tax) Lines II + 13 STAN PALMER CONSTRUCTION CHANGE ORDER WORK SHEET PROJECf CO NO: 0.00 UNIT DESCRIPTION QNTY UNIT COST COST LABOR LABORER PFE LAY 3HR $ 48.07 144.21 PLUMBERS AND PIPEFmERS HR $ 84.56 0.00 EQUIP OP BACKHOEl EXC 3YD UNO 3HR $ 58.39 176.18 MILLWRIGHT AND MACHINE ERECTORS HR $ 56.70 0.00 TRUCK DRIVER HR $ 28.87 0.00 OTHER TRUCKS (PARTS RUNNER) HR 26.36 0.00 0.00 0.00 TOTAL LABOR 318.38 EQ. NO OWNEND EQUIPMENT 10-364 ..200 BACKHOE 3HR 32.81 98.43 14-&01 %AXIS 200LC EXCAVATOR HR 78.22 0.00 0&G31 BOXVAN RED (DOUG) HR 35.93 0.00 08-041 FLATBeD WHITE PARTSRUNNER HR 20.18 0.00 0.00 0.00 0.00 TOTAL OWNEND EQUIPMENT ..43 RENTED EQUIPMENT 0.00 0.00 0.00 0.00 TOTAL RENTED EQUPMENT 0.00 MATERIALS 12" Pike industries resilient seat butterfly valve lwith 1Ls 3,996.00 3,995.00 416 sls shaft. with neck extension (to be used as f1oomtand) 0.00 1TMJXFL.ADAPTER DI.AWWA C163.CIL LESSACC (SO LBS) 148.00 0.00 12" Mol SU!E\IE LNG PATl'EAN Dr. AWWAC163 LESS ACCESSORIES (82 LBS) 142.00 0.00 0.00 0.00 TOTAL MATERIALS 3.995.GO SUBCONTRACTORS 0.00 TOTAL SUBCONTRACTORS 0.00 ~4J;A.. ." ElM CONTROLS ElM COMPANY. INC. -13840PIKEROAO - MISSOURI CIlY. TEXAS 17489- (281} 499-1561 _ FAX (281)499-8445 September 26, 2008 To Whom It May Concern, On September 13, 2008, Hurricane Ike struck the greater Houston, Texas USA metropolitan area causing widespread power outages, flooding and damage to homes and businesses. Although ElM now has power and is up and running, we were affected for eleven days by the storm. ElM is currenUy evaluating the complete effects that Hurricane lka had on our operations and we will inform you of any changes in our production schedule once we have fully assessed the disruption of Ulis storm. Also, please realize that the hurricane has affected several of our vendors in and around the Houston area as well as slowing shipment of vendor product into Houston via rail and sea container. We want to thank all of you who contacted us before and after the hurricane to check on our status and to ask for your continued understanding and cooperation while we work through this disruption. Please feel free to contact ElM with any questions Sincerely, W. Lawrence Elliott President MEMBER: THE VALVE MANUFACTURERS ASSOCIATION Page J of I WilHam Davis From: Craig Matthis (cmatthls@wsvalves.com) Sent: Monday, November 03, 20081:53 PM To: William Davis Subject: City of Bremerton-delivery 11-3-08 Attachments: header.hlm . ElM CONTROLS ElM COMPANY,INC. .13840 PIKE ROAD. MISSOURI CITY, TEXAS 77489. (281) 499-1561. FAX (281) 499-8445 November 3. 2008 aill Davis. Chief Engineer City ofBremerton Bremerton, W A Re: Reservoir Seismic Valve Upgrade Mr. Davis, Due to increased demand for ElM electric actuator products worldwide, it has been necessary for us to increase our product availability lead times from our standard 8-10 weeks to our current 14-16 weeks. Availability of critical components such as motofS, thrust bearings and housing castings from our suppliers has also impacted our delivery times. In addition to these factors, Hurricane Ike has created additional delays. While the ElM factory was fortunate not to sustain any major structural damage, power was not restoTed until I 0 days after the storm. We are now working seven days a week in an effort to regain lost production time. We regret any delay to your project due to these unexpected circumstances. Please feel free to contact me with any questions. Regards, Tom Wisler Vice President of Sales 11/312008 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4738 STAN PALMER CONSTRUCTION INC Reservoir Seismic Valve Upgrade Engineering LEG 12-1 06/26/2008 09/30/2008 09/01/2008 AGREEMENT (page 1 of 3) THIS AGREEMENT is dated the ril.:rA 1 day of ~,~" by and between City of Bremerton (hereinafter called OW R) and STAN PALMER CONSTRUCTION, INC. (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 Seismic Valve Upgrade. ARTICLE 2. CONTRACT TIMES. "~ ,-' ~ ~.- - " ,- -, ".. 'J' r.o; ~"'_' p' .~ -- '~.T.'~' Substantial Completion for the WORK must be achieved not later than 9tfca/en'dae.davs 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. UaUIDA TED 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 recogniz~ 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. RESERVOIR SEISMIC VALVE UPGRADE MA Y 2008 AGREEMENT FORMS OOSOO-Page 2 of 14 I , I , I L ! I , ! , , ~ I ~ ~ ,I l..I l~ ~I r J .,j .1 L. @ I I I I . I I I I . I , , I I ;..' , ,.. - ,. - AGREEMENT (page 2 of 3) ~..._.~.,........-._---.-_.__.,----_._._---_..._---,_._--.._-.----.---------------. ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR conceming 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). · General Conditions (Section 00700). · Supplementary General Conditions (Section 00800). · Technical Specifications and Drawings as listed in the Table of Contents. . Addenda numbers 1 to 3 , inclusive. · Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. 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 (00700). 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 Paragraph 6.20 of the General Conditions (00700). 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 the General Conditions (00700) and the Supplementary Conditions (00800). 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 RESERVOIR SEISMIC VALVE UPGRADE MAY 2008 AGREEMENT FORMS 00500-Page 3 of 14 AGREEMENT (page 3 of 3) 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. By Attest Address for giving notices ~.-I' ~~..d7 .IhJ&,On W1 q,f.3J 7- /f7-3 RESERVOIR SEISMIC VALVE UPGRADE MA y 2008 CONTRACTOR STAN PALMER CONSTRUCTION I INC. ~~- -~ ,. By THOMAS M- ABPLANALP i VICE-PRESIDENT' . Atlest <;{ CORPORAT~l] I (SANDRA TAPPAN, S C I Address for giving notices 5107 STA~ H~Y 3 SW PORT ORCHARD, WA 98367 'j I ~ II Li II CJ ;1 ~ .. ... l_l ,I \...; License No. ST-AN-PC-* 202NF Agent for service of process: AGREEMENT FORMS OOSOO-Page 4 of 14 I I t I , I I I I