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Home My WebLink About4764 Contract Number: 4764 Vendor: NATIONAL INDUSTRIAL PAINTING INC Subject: Reservoir #10 S- Interior Coating Replacement Department: PW Admin File Class: LEG 12-1 Begin Date: 10/15/2008 End Date: 02/28/2009 Review Date: 02/15/2011 Vault Date: O1/O1/2011 Comments: Change Order #1-1/09 ACCEP'TANCE OF COMPEN�A�'ION & RELEASE OF ALL CLAIMS J IZeservoir No. 10 South — Interior Coating Replacement General Construction Project Number 45126 — Conta�act Number 4764 National Industrial Painting Inc. hereby indicates agreement with, and acceptance of, the final Contract Payment of $1,988.76, the total Contract Price of $71,835.64, including Washington State sales and/or use taxes, and the final Contract Time of 124 days, as full and final compensation for all Work performed in connection with Contract Number 4764, 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. National Ind�strial Paintin �( I� �° - , � _ By: � Date: �� Title: ►�� Gj Certificate of Natarv � Subscribed and sworn to before me this ��'I T day of /� �,� , 02 0 0`t �,ur�aap. �r ,�Q��M �F �; : G� x i 0 �'. � �• �0 7 q A Y •. � . . ' M..s��reW k ' � ' s . , (�� ;�B p t. < <.) �� Cy� .�►� "f� ��':'"��.�s � ,� ,�� t�' y �,� ; � Y,' . b�au��n"�e A�'FIDAUI-T OF P_UBLICATION .Acoount:�4�2�14'2�t1d#;2008�b72�1 STAT�E�OF` W�A�SHINGTON COLdNTy' .OF'`KI`TSAP' I,,'l�obin Al�cand`er� �iisrduly swom�on�oath,��deposes:and� says: Tha't�she�.is now al�l:'tin�es einbraced=imftie publication.hereint.menrioue� was•the�principal clerk:ofthe;printers andpublishezs of` KITSAP SUd�T�;,�t}iat-�s�id ne�papeY.has�;beentapproveii �as, a�legal newspaper liy order:•o€�the��Sup,erior��our.t of,tfi��:County�ofKitsap;,;in-w�i�ch Counfy, it is.publisfied��and"is�nawand�has six months_ prior.to-.the�`date�of,'the,,pt�lilication herein�fter;referr,ed-to;,published�in_'tIie=:Eng]ish language�continually-,a,S° a.`dail'y riexv�paper�in�:.Biemerton V1Fashingtonrandtis:�naw�and.'dwing all'�of said'ti�me was�prinEed �in an='offce maintained`in th;e�a:fQr,esaid place�of�publ'i�ation`of`saii��.nev�spaper thatthe'follow;ing.=is.a true tex'f�of�a.'1eg�l;advertisemenYas�it=was published�-in regular;i`ssues,�(and�noi inf.supplement�'form) ofsaid�newspaper�on;`the:fallo_wing•�dafes; to�wif:� May and that:sncli.nev�+spaper was•regularly'.disfributed' it� subscri6ers;during:,all',`of_-said,period. Tliat��the�full �mourit of t6e fee cliarged for: fhe for,egoing�.publ'ication�is the sum�of;$39:$'6 wh'ich� amount � has:nbt been psid in:fiill: _ - �,, . . - ' �tuiW�uli� . . , ,�;� 8.��' �.. �S` (Si'gnafure�of'Pri'�c'ipa'1�:Clerk) j f ,�•�Its/4+,y � - . - - _ N0 y �'t �s: Su6scribed'=and�sworn_tobefore ; '� — . . .. . , ; a='' �� - � iL ` _ , . �� .�� NCITIGE.OP COIv1PLET10N �'.� �'�:: _ � � � � O,r .� �Ota.' : - /' _ p , 'ti!��M� �'!�%I - � Notice�,of'Go3np1'etion'has`been issued`:�p;,Na�ional Ind"ustri'al Painting,,�on Confrac�No.:,.4764;,fvr'the� �-�h1q�� Reserv,oii�:No:�"��0 South.—Interior;Coating,:�Zeplacemeni.pr,oject. �Any_-partie�']iauing a�-claim for-material, laboror rel"atetl to tliis��Contraoc:ha�e forty-five (4�5).tiays from`��,'date;�of'first:pu�liaation of t�iis notice'to file a clairn:� Caro�, Etgen City C�lerk �34�5;6tfi�s'treet Bremerton Washington:983�37 Iv1ay 2�1 2009' ...:......:...�:..:......:...;.AD'-#2008�fi7�27 ��•- ' Washmgton State • �;� ,v � � :€� '7s��:,7a'��,•�,t ot Department of Revenue � �,' �� "�� j;E"` PO Box 47474 � �. ��t �..: . Olympia, WA 98504-7474 602110175 . Certificate of Payment of State Excise Taxes by Public Works Contractor NATIONAL INDUSTRIAL PAINTING INC CITY OF BREMERTON PUBLIC WORKS 3131 LOUISE ST W NED LEVER UNIVERSITY PLACE WA 98466 4010 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 4764, INTERIOR COAT REPLACE - RESERVOIR lOS , 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 O at Olympia, Washington, ' � . State of Washington . Departm Revenue .. � .,. �.. Cer ifying Officer , For tax assistance, visit dor wa gov or call 1-800-647-7706 To inquire about the availability of this docume�t m a� alternate format for the visually impa�red , please call (360) 705-6715 Teletype (TTY) users may call 1-800-451-7985 REV 31 0028 (10-01-02) ' . � � � � � � � � � SEP 1 5 2009 � '�NGINEERINC DIUISION 0 .�_.__.�__ - - =-'�'�-__WASHIN�TC�N__STAT.E�-- - -�.___ �. - - _� A _ ,-� -�_ - _ ___-T-____-----.------ - - - -- CONTRACTOR: NA'�IONAL INDUSTRIAL PAINTING ) CERTIFICATE OF � 3131 LOUISE ST W ) PAYMENT OF CONTRIBUTIONS UNIVERSITY PLACE, WA 98466 ) PENALTIES AND INTEREST ON ` ) PUBLIC WORKS CONTRACT ES Reference No. 154053-00 1 TO: CITY OF BREMERTOI� 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 6een paict in t"ull or provided �--� � with respect to the following public works contract: 4764 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 June 19, 2009. COMMISSIONER E EIYT SECURITY D ARTM T By (Authorized Represe ative) Original—Disbursing Officer Duplicate—Employer Triplicate—Central Of�ce Files EMS 8449 760 R3-98 Verify Workers' Comp Premium Status - Employer Liability Certificate Page 1 of 1 Washington State Department of ��,� ��"�� Employer Liability Labor and Industries � . . � �� certifcate � o � . �s _� � �� Department of Labor and Industries Employer Liability Certificate Date: 09/22/2009 UBI #: 602 110 175 Business Name: NATIONAL INDUSTRIAL PAINTING I Legal Business Name: NATIONAL INDUSTRIAL PAINTING INC Account #: 012,903-00 'Doing Business As' Name: NATIONAL INDUSTRIAL PAINTING . . � Estimated Workers Reported: Quarter 2 of Year 2009 "1 to 3 Workers" ` (See Description Below) Warkers' Comp Premium Status: Account is current. Firm has voluntarily reported and paid their premiums. Licensed Contractor? Yes License: NATIOIP990J6 Expire Date: 4/1/2010 Account Representative: T4 / FRED BODINE (360)902-5592 - Email: BODF235@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/Ini/crpsi/AcctInfoPrint.aspx?AccountId=012903 OQ&AccountManager=T4+%2f+F... 9/22/2009 . AFFIDAVIT OF PUBLICATION Account #42742/Ad# 20086727 STATE OF WASHINGTON COUNTY OF KITSAP I, Robin Alexander, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved asa 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 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 dates, to wit: May 21, 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 which amount ba'notb~npmdmfull ~~ k~~ ~\Y- \. "SlA}: 1'011 ~ ~ .......... ~~ (Signature of Principal Clerk) I .....~\I",;l......,~. ~'" i~ ..:a ~ ; IOff.A \ Subscribed and sworn to before me this day of May 27,2009.. : ........-1- I :: ~: Aba. --. J. . %~\~. -"llC ,\(t'..~ n. ..' NOTICE OF COMPLETION ~ (};....~ 20\~~ ~ ,.- ~.".."'.....~A ;f""1111~'""1 Notice of Completion has been issued to National Industrial Painting, on Contract No. 4764, for the "'''tlln'~ Reservoir No. 10 South - Interior Coating Replacement 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. Carol Etgen City Clerk 345 6th Street Bremerton, Washington 98337 May 21, 2009..............................AD #20086727 CITY OF BREMERTON CHANGE ORDER . CONTRACT CHANGE ORDER NO: One PROJECT NAME: Reservoir No..10S -Interior Coating Replacement PROJECT NO: 45126 CONTRACTOR: National Industrial Painting, Inc. ORIGINAL CONTRACT AMOUNT: PREVIOUSLY APPROVED CHANGES: $38,393.00 DAYS: 0.00 DAYS: 65 o THIS CHANGE: $27,754.00 DAYS: $66,147.00 DAYS: 39 REVISED CONTRACT AMOUNT: 104 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below does not include sales tax. . DESCRIPTION OF CHANGES INCREASE IN CONTRACT AMOUNT ($) (DECREASE) IN CONTRACT AMOUNT ($) CONTRACT TIME EXTENSION (DAYS:) o ...- '" '" ...- ...- ..!!? <ll :J :; a: a: X Provide exterior mechanical cleaning of Reservoir 10S and 10N $27,754.00 39 and complete spot repairs of exterior coatings as needed. NET CHANGE IN CONTRACT AMOUNT $27,754.00 39 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. 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 CONTRACT CHANGE ORDER NO: ONE PROJECT NAME: 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: '~"-';7._/(_._ PRf'JECT ENGINEER I }&I/) 1 . Date RECOMMENDED: C ACCEPTED: ~/.5(; Zt>>'} ate APPROVED: TO FORM: /I ATTEST: cWd~ Page 2 of2 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4764 NATIONAL INDUSTRIAL PAINTING INC Reservoir #10 S - Interior Coating Replacement PW Admin LEG 12-1 10/15/2008 12/31/2008 12/01/2008 I I I I I I I I I I I I I I I I I I I CONTRACT RESERVOIR No. 10 South INTERIOR COATING REPLACEMENT (Page 1 of 4) This agreement, made and entered into m triplicate, this /6 day of t!J c:fofxrr , 20 0 K , by and between the City of Bremerton, hereinafter called the City, and J1..&i OV1L.l1 'T -\'I Yrfal ~j VI ~ ' I O~ . herW1after .,.]]ed the Co~or: i Witnesseth: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall perform all work and furnish all labor, tools, materials and equipment for the Reservoir No. 10 South - Interior Coating Replacement. All work to be in accordance with and as described in the attached plans, General Provisions, Special Provisions and the 2006 Standard Specifications for Road, Bridge and Municipal Construction (English), which are by this reference incorporated herein and made a part hereof: and shall perform any alterations in or additions to the work provided under this Contract and every part thereof Contractor shall begin the work within ten (10) calendar days after the date that written NOTICE TO PROCEED is issued to the Contractor by the City. The Contractor shall complete the work no later than sixty five (65) calendar days after the date that NOTICE TO PROCEED is issued. If said work is not completed within the time specified, the Contractor agrees to pay to the City an amount in accordance with Section 00100, Part 1-2.06(E) of these Contract Documents for each calendar day said work remains incomplete after expiration of the specified times as liquidated damages. The Contractor shall provide and bear the expense of all labor, materials, equipment, and tools of any sort whatsoever that may be required for the transfer of materials and for construction and completing the work provided for in this Contract and every part thereof: except such as are mentioned in the specifications to be furnished by the City. 45126. BREMERTON.RESERVOIR No. 10 South Interior Coating Replacement Bidders Checklist & Bid/Contract Forms 003O{)...17 - - I I - - I I I I I I I I I I I I i I CONTRACT (Page 2 of 4) II. The City hereby promises and agrees with the Contractor to employ and does employ the Contractor to provide the materials and to do and cause to be done the above described work to complete and finish the same according to the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the approved bid as attached hereto incorporated by reference, at the time and in the manner and upon the conditions provided for in this Contract. l m. The Contractor for himsel( and for his heirs, executors, administrators, successors, and assigns, does hereby agree to fulfill the performance of all covenants herein contained upon the part of the Contractor. IV. It is further provided that no liability shall attach to the City ofBremerton by reason of entering into this Contract, except as expressly provided herein. V. INSURANCE AND INDEMNIFICATION The Contractor shall procure and maintain, during the term and conditions of this Contract the required insurance and indemnification as adopted by reference in the General Conditions. VI. GENERAL CONDmONS A. Reports and Information: When requested by the City, Contractor shall furnish periodic reports and documents on matters covered by this Contract. The reports and documents shall be furnished in the time and form requested. Contractor shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Entire Contract: This Contract constitute the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Contract. The section headings and article titles of this Contract shall have no effect upon the construction or interpretation of any part hereof C. Severability: Should any part of this Contract be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Contract may only be modified by written instrument signed by both Parties. E. Waiver: Failure to enforce any provision of this Contract shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. 45126 - BREMERTON-RESERVOIR No. 10 South Interior Coating Replacement Bidders Checklist & Bid/Contract Forms 00300-18 it I - I I I - I I - I I I I I I I I I VIT. IX. D. E. F. H. 1. CONTRACT (Page 3 of 4) F. Compliance with Laws: Contractor shall comply with all applicable Federal, State, and local laws in performing its obligations under this Contract. G. Choice of Law and Venue: This Contract shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Contract s~ll be brought in Kitsap County Superior Court. WARRANTY The Contractor shall warrant the work for a period of two (2) years as referenced in the General Conditions. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs by the City in order to accomplish the correction. TERMINATION The City may terminate this Contract without notice for good cause. "Good Cause" shall include, without limitation, anyone or more of the following events: A. The Contractor's failure to supply sufficient skilled workers or suitable materials or equipment. B. The Contractor's failure to prosecute the work with such diligence as will ensure its physical completion within the original physical completion time specified in this Agreement and any extensions of time which may have been granted to the Contractor by change order or otherwise. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. C. The Contractor's disregard of federal, state or local laws, rules or regulations. G. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. The Contractor disregards the authority of the City. The Contractor performs work which deviates from the Contract, and neglects or refuses to correct rejected work. The Contractor's failure to provide continuous competent supervision. The Contractor otherwise violates in any material way any provisions or requirements of the contract. 45126 - BREMERTON-RESERVOIR No. 10 South Interior Costing Replacement Bidders Checklist & Bid/Contract Forms 00300-19 I I I I I I I I I I I I I I I I I I I CONTRACT (Page 4 of 4) If the City terminates this Contract for good cause, the Contractor shall not receive any monies due under this Contract, if any, until the Contract work is completed. In witness whereof the parties hereto have caused this agreement to be executed the day and year first herein above written. ATTEST: 4Id ~ltpD City Clerk 45126 - BREMERTON-RESERVOIR No. 10 South Interior Coating Replacement CONTRACTOR JI\ ~.h 0(\<<\ r MA w*vi u( ~(y1tJ ;1& IVC . By: Title: Date: 00300-20 \1i~Al- ~. f[(jW:iYlJ ~QJda~ / 1(eat,U\'l" ( ~ cl-v ~ ( I rybo~ Bidders Checklist & Bid/Contract Forms