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HomeMy WebLinkAbout4870 Contract Number: 4870 Vendor: SCI INFRASTRUCTURE LLC Subject: Construction of Gorst Sewerage & Septic Abandonment Project Department: Engineering File Class: LEG 12 -1 Begin Date: 12/29/2009 End Date: 7/31/2010 Review Date: 7/1/2010 Vault Date: Comments: Change Order #1 -2/10 #2 -06/10 #3 -11 /10 44 -2/11, Notice of Completion 2/18/2011 AFFIDAVIT OF PUBLICATION Account #42742 AD #20109987 STATE OF WASHINGTON COUNTY OF KITSAP 1, 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 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 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 an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit And on February 18, 2011 such newspaper was regularly distributed to its subscribers during all of said period The full amount of the fee charged for the foregoing publication is the sum of $38 15 This amount has not been paid in full ko (Signature of Principal Clerk) Subscribed and sworn to before me this day of March 4, 2011 ,, 1- a a N ' Jul 82 012 ' • - i-+• = Notary Public in and for the State of Washington Kitsap County %%' BLIC @ 0, f NOTICE OF COMPLETION Notice of Completion has been issued to SCI Infrastructure, LLC for City Project No 5304 and 5305, City Contract No 4870 for the Gorst Sewerage project, Collection System and Septic System Replacement 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 Feb 18, 2011 AD #20109987 Contract Number 4870 Vendor SCI INFRASTRUCTURE LLC Sub�ect Construction of Gorst Sewerage & Septic Abandonment Pro�ect Department Engineering File Class LEG 12-1 Begin Date 12/29/2009 End Date 3/31/2011 Review Date 3/1/2011 Vault Date Comments Change Order #1-2/10 #2-06/10 #3-il/10 #4-2/11 � ITY OF BREMERTON �Z��� CHANGE ORDER CONTRACT CHANGE ORDER NO 4 PROJECT NAME Gorst Sewerage PROJECT NO 5304 8� 5305 CONTRACTOR SCI Infrastructure, LLC ORIGINAL CONTRACT AMOUNT $3,253,847 57 DAYS 205 PREVIOUSLY APPROVED CHANGES $731,203 02 DAYS 0 THIS CHANGE $0 DAYS 0 REVISED CONTRACT AMOUNT $3,985,050 59 DAYS 0 This Change Order covers changes to the sub�ect contract as described herein The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or reqwred to complete the Change Order Items The increase or decrease in contract pnce shown below includes any applicable taxes DESCRIPTION OF CHANGES INCREASE IN (DECREASE) IN CONTRACT o � CONTRACT CONTRACT TIME ^ � AMOUNT AMOUNT EXTENSION a� d ($) ($) (DAYS ) > > � � X DBE LANGUAGE FOR ARRA PROJECTS Contract language regarding DBE partiapation has been found to be inadequate for the pro�ect and needs to be supplemented Attached are the supplement which should be noted as Enclosure #4 of the Washington State Department of Ecology Water Quality Program Revolving Fund Specificat�on Inserts With this enclosure are three 6100 series forms to be filed out by the Contractor and Subcontractors They are • 6100-2 (Subcontractor) • 6100-3 (Subcontractor) $0 • 6100 4 (Contractor) DAVIS-BACON LANGUAGE FOR ARRA PROJECTS Contract language regarding Davis-Bacon language has been found to be inadequate for the pro�ect and needs to be supplemented Attached are the supplement which should be noted as Enclosure #5 of the Washington State Department of Ecology Water Quality Program Revolving Fund Specification Inserts $� With this enclosure are two posters which are reqwred to be posted on the �ob site and are also attached NET CHANGE IN CONTRACT AMOUNT SO 0 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 CONTRACT CHANGE ORDER NO 4 PROJECT NAME Gorst Sewerage including without limitation, claims related to contract time, on-site or home office overhead, or lost profits Nothing m this Change Order shall limit the City's right to bring a claim for past performance The undersigned Contractor approves the foregoing Change Order as to the changes if any in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any for completion of the entire work due to said Change Order This document wdl 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 authonzed to enter into a change order that is binding on the parties of this contract In addition, Contractor warrants that it has or wdl mform the surety of this change, and shall take appropnate action to modify any bonds reqwred under the contract to address this change RECOMMENDED � � � ( Z'B ��� PROJE T ENGIN R Date RECOMMENDED y " 2 � t `� CITY ENGINEER / DIRECTOR OF PUBLIC WORKS Date ACCEPTED , DI� Z/ TRAC Date APPROVED OZ � Q � �l� AYOR Date APPROVED AS TO FORM ATTEST �(� i Bremerton City Attorney City Clerk Page 2 of 2 0�1B Cuntrol No 2a�o-ao;o Approvcd Oi/Ot/2WS 4pprovalFxpires O7/"tl/2011 A �nvirontnental \�i Protection Agencv � D�sadvantaged Business 6nterpnse Program DBE SubconlraMor Uhl�zation Form The pubhc reporhng and recordkeepmg burden for ttus collechon of mformation is eshmated W average fifteen (75) m�nutes Burden means the total hme effort or finanaal resources expended by persons to generate maintam mtam or d�sclose or prov�de mfornwhon ro or for a Federal agencv Th�s mcludes the hme needed to review mstruchons develop acqmre mstall and uhLze technology and systems for the purposes of collechng vandahng and ver�fymg uiformahon processmg and muncammg mfornWhon and d�sclosmg and providmg uiformahon ad�ust the eust�ng Nays to comply with any previously apphcable msWchons and reymrementr tram personnel to be able to respond ro a collethon of mformadon seazch daW sources complete and review the colle[hon of tnformabon and transnut or otherw�se disclose the uiformahon An agency may no[ conduct or sponsor and a puson �s not requ�red to respond ro a mllethon of �nformahon unless �t displays a currently vand OMB control number $end comments on the Agency s need Eor th�s uiformat�on the accuracy of the provideci burden eshmates and any suggesMd methods for mmimizmg respondent burden mcluding the use of automated mllechon tectwques to the D�recror Collechon Shateg�es Drv�sion U S Environmental Protxhon Agency (2822) 1200 Pennsylvarua Ave N W Waslungton D C 20460 indude the OMB control number m any correspondence Do not send the completed tPA DBESubcontracror Uhlizahon Form ro tfus address LP 1 FORM � IUU-1 �UBF Sub.onuaiwi l uhi �iion Fmntl O�B Cunlrol Nn 2090-W�0 Approtid 03/D1/2IX18 A Appro�all'rpinw 01/il/2011 � Lnvu�onmental Protechon Agen[y Disadvantaged Business Enterpr�se Program DBE 5ubcontractor Perforsance Form The publ�c reportmg and recordkeepmg burden for t}us collechon of �nformat�on is eshmated to average fifleen (15) vunutcs Burden means the total dme effort or fmanaal resources expended bv persons to generate mam�ain, retaui or d�sclose or prov�de uiformahon to or for a Federal agency This indudes the hme needed to rev�ew mstruct�ons develop, acqwre vutall and ublize technology and systems fo: the purposes of collechng vandahng, and venfymg informahon processing and ma�ntauung mformahon and d�sclosmg and providmg mformahon adJust the exuhng ways to comply w�th any prewously appLcable mstruchons and requuements tram personnd to be able to respond to a collechon of uiformahon search data soutces complete and rev�ew the collect�on of mformahon and hansnut or otherw�se d�sclose the mfomiahon An agencv may not conduct or sponsor and a person �s not required to respond to a collxhon of mformahon unless tt clssplays a currenUy val�d OMB control number Send cortunents on the Agency s need for tlus mFormahon the accurecy of the provided burden eshmates and any su�ested methocls for mmim��mg respondent burden mcludmg the use of automated collechon techmques ro the Duector Collecdon Strateg�es D�v�s�on, U S Envvonmental Protect�on Agency (282) 1200 Pennsylvarva Ave NW Washmgton D C 2(F160 lnclude fl�e OMB conhol number m any correspondence Do not send the completed EPA DBE Subcontractor Pedormance Porm to thu address fP \ f ORA1 oIUU i �p13L Suhcomi i�ev P�rlarniam� f nm0 O�iB CoNrol Nn 2U90-OOHI A�iprmid Ui/Ol/NM1R A Apprnvil E�pves (Il/�7�2U71 <� Envvonmental Prote�hon Ag�ncy Disadvantaged Business Enterpnse Program DBE Subcontractor Panc�ipation Form The pub6c reporbng and recordkeepmg burden for th�s cnllechon of mformnhon �s eshmated to average fifteen (I5) mmutes Burden means the rotal hme effort or finannal resources expended by persons ro generate maintam retam or d�sdose or prov�de mformahon to or for a Federel agency Thts mcludes the hme needed to rev�ew mstruchons, develop acquue mstall and uhl�ze technology and systems for the purposes of collechng, val�dahng and verJying mformahon praessmg and mamtaimng informahon and d�ulos�ng and providmg u�formahon ad�ust the ervshng ways to comply with anv prev�ously apphcable mstruchons and reqmrements tram personnel ro be able to respond to a collechon of �nfortnahon search data sources complete and review the collechon of informahon and transrtut or otherw�se d�stlose the uiformahon An agency may not conduct or sponsor and a person is not requued to respond to � collechon of �nformahon unless it d�splays a currently vand OMB control number Send tonwients on the Agency s need for ttus informahon the accuracy of the provtded burden eshmates and any suggested methods for mm�rtuung respondent burden uidudmg the use of auromated collechon techmyues to the Director Collechon Strate�es Drv�swn U S Env�ronmental Protect�on Agency (2822) 1200 Pennsylvama Ave NW Wash�ngton D C 20160 Include the OM6 control number �n any rorrespondente Do not send the completed EPA DB� Subcontractor Parhnpahon Form to this address FN \ FOR�1 bIUO 21DBL Subcomni�or Panicipaiinu I orinl C�J�� �� DISADVANTAGED BUS/NESS ENTERPR/SES General Com�l�ance, 40 CFR, Part 33 The contractor shall comply with the requirements of the Env�ronmental Protection Agency's Program for Partic�pat�on By D�sadvantaged Busmess Enterpnses (DBE) 40CFR, Part 33 Non-discnmmation Provision The contractor shall not discnmmate on the basis of race, color, national ongm or sex m the performance of tlus contract The contractor shall carry out applicable requuements of 40 CFR part 33 m the award and admmistrat�on of contracts awarded under EPA financ�al assistance agreements Failure by the contractor to carry out these requirements is a matenal breach of th�s contract which may result m the termmahon of this contract or other legally avazlable remedies The contractor shall comply with all federal and state nond�scnmmahon laws, mcludmg, but not limited to T�tle VI and VII of the Crv�l Rights Act of 1964, Secrion 504 of the Rehab�litation Act of 1973, Trtle IX of the Educat�on Amendments of 1972, the Age D�scnmmation Act of 1975, and Chapter 49 60 RCW, Wastungton's Law Against DiscnminaUon, and 42 U S C 12101 et seq, the Amencans with Disabilities Act (ADA) Six Good Faith Efforts, 40 CFR, Part 33, Subpart C The contractor agrees to make the follow�ng good fazth efforts whenever procunng subcontracts, equipment, services and supplies The contractor shall retam records documentmg compliance with the followmg six good fa�th efforts 1) Ensnnng Disadvantaged Busmess Enterpnses are made awaze of contrachng opportunrties to the fullest extent pract�cable through outreach and recruitment achvrties For Ind�an Tnbal, State and Local and Government recipients, this w�ll mclude placmg D�sadvantaged Busmess Enterpnses on sol�citation hsts and sol�cihng them whenever they aze potenhal sources Quakf ed Women and Mtnortty business enterpnses may be found on the Internet at www omwbe wa gov or by contacttng the Washtngton State Offce ofMtnority and Women s Enterprtses at 360-704-1181 2) Makmg mformahon on forthcommg oppoRunrties available to D�sadvantaged Busmess Enterpnses and arrange hme frames for contracts and estabhsh delrvery schedules, where the requirements permit, m a way that encourages and facilitates participahon by D�sadvantaged Busmess Enterpnses m the competitrve process This mcludes, whenever possible, postmg sohcitahons for bids or proposals for a mmimum of thirty (30) calendar days before the b�d or proposal closmg date 3) Considenng m the contrachng process whether firms competmg for large contracts could subcontract wtth Disadvantaged Busmess Enterpnses For Indian Tnbal, State and local Govemment rec�pients, th�s will include div�d�ng total requ�rements when econom�cally feas�ble into smaller tasks or quantit�es to permit max�mum partic�pat�on by D�sadvantaged Busmess Enterpnses m the compeUt�ve process 4) Encourage contractmg with a consort�um of Disadvantaged Busmess Enterpnses when a contract �s too large for one of these firms to handle md�vidually 5) Usmg services and ass�stance of the Smali Busmess Admm�stration and the Mmonty Busmess Development Agency of the Department of Commerce � , , '12 6) If the pnme contractor awazds subcontracts, reyuinng the subcontractors to take the six good faith efforts m pazagraphs A through E above MBE/WBE Reportmg�40 CFR Part 33 Sect�ons 33 302, 33 502 and 33 503 The contractor shall provide EPA Form 6100-2 DBE Subcontractor Partic�pat�on Form to all subcontractors who bid or quote on subcontracts The contractor shall require all subcontractors who bid or quote on subcontracts to complete EPA Form 6100-3 DBE Subcontractor Performance Form The contrac[or shali complete EPA Form 6104-4 DBE Subcontractor Uhl�zation Form The contractor shall submit EPA Form 6100-3 DBE Subcontractor Performance Form and EPA Form 6100-4 DBE Subcontractor Uhlizat�on Form to the owner Contract Admm�strat�on Prov�s�ons, 40 CFR, Sechon 33 302 The contractor shall comply w�th the contract admmistrahon provisions of 40 CFR, Section 33 302 • The contractor shall pay �ts subcontractor for satisfactory performance no more than 30 days from the contractor's rece�pt of payment • The contractor shall nohfy the owner m wntmg prior to any termtnahon of a DBE subcontractor • If a DBE subcontractor fails to complete work under the subcontract for any reason, the contractor shall employ the six good farth efforts when solicrtmg a replacement subcontractor • The contractor shall employ the six good faith efforts even if the contractor has achieved �ts fa�r shaze ob�ect�ves _ � ` i �I 2 �^cjasu,t�c� �� Requ�red Davis-Bacon Language (1) Mimmum wages (i) All laborers and mechamcs employed or working upon the site of the work wdl be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3) ), the full amount of wages and bona fide frmge benefits (or cash eqwvalents thereo� due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics Contributions made or costs reasonably antiapated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, sub�ect to the provisions of paragraph (a�(1)(iv) of this section, also, regular con�nbutions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructrvely made or mcurred during such weekly penod Such laborers and mechanics shall be paid the appropnate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skdl, except as provided m§ 5 5(a)(4) Laborers or mechanics performmg work m more than one classification may be compensated at the rate specified for each classification for the time actually worked therem Provided, That the employer's payroll records accuretely set forth the time spent in each classification in which work is performed 7he wage determination (including any additional classification and wage retes conformed under paragraph (a)(1)(n) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers Subrecip�ent (s) may obtain wage determinations from the U S Department of Labors web site, www wdol gov (u)(A) The subreapient (s), on behalf of EPA, shall require that any class of laborers or mechanics, mcluding helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination The EPA award official shall approve an additional classification and wage rate and fringe benefits therefore only when the following critena have been met (1) The work to be performed by the classification requested is not performed by a classification m the wage determination, and (2) The classification is utilized m the area by the construction industry, and (3) The proposed wage rate, including any bona fide fnnge benefits, bears a reasonable relationship to the wage rates contained in the wage determination (B) If the contractor and the laborers and mechanics to be employed m the classification �if known), or their representatrves, and the subrecip�ent (s) agree on the classification and wage rete (includmg the `�� amount designated for fnnge benefits where appropriate), a report of the action taken shall be sent by the subrectpient (s� to the State award official The State award official will transmit the report, to the Administretor of the Wage and Hour Division, Employment Standards Administration U 5 Department of Labor, Washington, DC 20210 The Administretor, or an authonzed representatroe, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the State award official or will notify the State award offiaal within the 30-day penod that additional time is necessary (C) In the event the contractor, the laborers or mechamcs to be employed in the classification or their representatives, and the and the subrecipient (s) do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the award official shall refer the questions, mcludmg the views of all interested parties and the recommendation of the State award offiaal, to the Administrator for determination The Administrator, or an authonzed representatwe, wdl issue a determination within 30 days of receipt and so advise the contrecting officer or wdl notify the contracting officer within the 30-day period that additional time is necessary (D) The wage rate (mcluding fnnge benefits where appropnate� determined pursuant to paregraphs (a)(1)(u)(B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification (in) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determmation or shall pay another bona fide fringe benefit or an hourly cash eqwvalent thereof (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated m providmg bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met The Secretary of Labor may require the contractor to set aside in a separate account assets for the meetmg of obligations under the plan or program (2) Withholding The subrecipient (s), shall upon written request of the EPA Award Official or an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same pnme contractor, or any other federally-assisted contract sub�ect to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, �ncludmg apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or heiper, employed or working on the site of the work, all or part of the wages reqwred by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased (3) Payrolis and basic records Z�Z (i) Payrolls and basic records relatmg thereto shall be mamtained by the contractor during the course of the work and preserved for a penod of three years thereafter for all laborers and mechanics workmg at the site of the work Such records shall contam the name address, and social secunty number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contnbutions or costs anticipated for bona fide fringe benefits or cash eqwvalents thereof of the types descnbed in section 1(b)(2)(B) of the Daws Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid Whenever the Secretary of Labor has found under 29 CFR 5 5(a)�1)(iv) that the wages of any laborer or mechanic mclude the amount of any costs reasonably anticipated in providing benefits under a plan or program descnbed in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall mamtain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechamcs affected, and records which show the costs anticipated or the actual cost mcurred m prowdmg such benefits Contractors employmg apprentices or tramees under approved programs shall maintain wntten evidence of the registration of apprenticesh�p programs and certification of tramee progrems, the registration of the apprentices and tramees, and the ratios and wage rates prescribed m the applicable programs (u)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the subrecipient , that is, the entity that receives the sub-grant or loan from the State capitalization grant rec�pient Such documentation shall be available on request of the State recipient or EPA As to each payroll copy rece�ved, the subrec�Q�ent shaU prov�de wntten confirmabon in a form satisfactory to the State indicating whether or not the pro�ect is in compliance with the reqwrements of 29 CFR 5 5(a)(1) based on the most recent payroll copies for the specified week The payrolls shall set out accuretely and completely all of the mformation required to be maintamed under 29 CFR 5 5(a)(3)(i), except that full soaal secunty numbers and home addresses shall not be included on the weekly payrolls Instead the payrolls shall only need to include an mdividually identifying number for each employee (e g, the last four digits of the employee's social security number) The reqwred weekly payroll mformation may be submitted �n any form desired Optional Form WH-347 is avadable for this purpose from the Wage and Hour Division Web site at http //www dol gov/esa/whd/forms/wh347instr htm or its successor site The prime contractor is responsible for the submission of copies of payrolls by all subcontractors Contractors and subcontractors shall mamtain the full social secunty number and current address of each covered worker, and shall provide them upon request to the subrecipient (s) for transmission to the State or EPA if requested by EPA the State, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevadmg wage requirements It is not a violation of this section for a pnme contractor to reqwre a subcontractor to provide addresses and soaal security numbers to the prime contractor for its own records, without weekly submission to the subreapient (s) (B) Each payroll submitted shall be accomparned by a' Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following (1) That the payroll for the payroll period contains the mformation required to be prov�ded under § 5 5 (a)(3)(n) of Regulations, 29 CFR part 5, the appropnate information is being maintained under § 5 5 (a)�3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete, 71� (2) That each laborer or mechanic (mcludmg each helper, apprentice, and trainee) employed on the contract dunng the payroll period has been paid the full weekly wages earned, without rebate, either directly or mdirectiy and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth m Regulations, 29 CFR part 3, (3) That each laborer or mechanic has been paid not less than the appticable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determmation mcorporated into the contract (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" reqwred by paragraph (a)(3)(n)(B) of this section (D) The falsification of any of the above certifications may sub�ect the contractor or subcontractor to avil or cnminal prosecution under section 1001 of title 18 and section 231 of title 31 of the Umted States Code (ui) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authonzed representatives of the State, EPA or the Department of Labor, and shall permit such representatives to mterview employees during work�ng hours on the }ob If the contractor or subcontrector fails to submit the reqwred records or to make them available, the Federal agency or State may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds Furthermore, fadure to submit the reqwred records upon request or to make such records avadable may be grounds for debarment action pursuant to 29 CFR 5 12 (4) Apprentices and trainees-- (i) Apprentices Apprentices will be permitted to work at less than the predetermmed rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U S Department of Labor, Employment and Training Admirnstration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not indwidually registered m the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Serv�ces or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice The allowable ratio of apprentices to �ourneymen on the �ob site in any craft class�fication shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered progrem Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed In addition, any apprentice performing work on the �ob site in excess of the ratio permitted under the registered program shall be paid not less than the applicabie wage rate on the wage determination for the work actualiy performed Where a contractor is performing construction on a pro�ect in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the �ourneyman's hourly rate) speafied in the contractor's or subcontractor's registered program shall be observed Every apprentice must be paid at not less than the rate specified in the reg�stered program for 4�� the apprentice's level of progress, expressed as a percentage of the �ourneymen hourly rete speafied m the applicable wage determination Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticesh�p program If the apprenticeship program does not speufy fnnge benefits, apprentices must be paid the full amount of fnnge benefits listed on the wage determmation for the applicable classification If the Admimstrator determines that a different practice prevails for the applicable apprentice classification, fnnges shall be paid in accordance with that determination In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed untd an acceptable program is approved (u) Tramees Except as provided in 29 CFR 5 16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U S Department of Labor, Employment and Trammg Admmistration The ratio of tramees to �ourneymen on the �ob site shall not be greater than permitted under the plan approved by the Employment and Traming Admmistration Every tramee must be paid at not less than the rate specified in the approved program for the treinee's level of progress, expressed as a percentage of the �ourneyman hourly rate specif�ed m the applicabfe wage determmat�on Tramees shall be paid fnnge benefits �n accordance with the provisions of the tremee program If the treinee program does not mention fringe benefits, tramees shall be paid the full amount of fringe benefits listed on the wage determination unless the Admimstrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding �ourneyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices Any employee listed on the payroll at a tramee rate who �s not registered and participatmg in a training plan approved by the Employment and Training Admimstration shall be paid not less than the applicable wage rate on the wage determmation for the classification of work adually performed In addition, any tramee performing work on the �ob site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determmation for the work actually performed In the event the Employment and Training Administrat�on withdraws approval of a training progrem, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved i (ui) Equal employment opportunity The utilization of apprentices, trainees and �ourneymen under this part shall be m conformity with tfie equal empioyment opportunity reqwrements of Executrve Order 11246, as amended, and 29 CFR part 30 (5) Compliance with Copeland Act reqwrements The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract (6) Subcontracts The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5 5(a)�1) through (10) and such other clauses as the EPA determines may by appropnate, and also a clause requiring the subcontractors to include these clauses m any lower tier subcontracts The prime contractor shall be respons�ble for the compliance by any subcontractor or lower tier subcontrector with all the contract clauses in 29 CFR 5 5 ��1 (7) Contract termination debarment A breach of the contract clauses in 29 CFR 5 5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR S 12 (8) Compliance with Davis-Bacon and Related Act requirements All rulings and interpretations of the Davis Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporeted by reference in this contract (9) Disputes concerning labor standards Disputes arising out of the labor standards provisions of this co�tract shall not be sub�ect to tfie general disputes clause of this contrect Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7 Disputes withm the meamng of this clause include disputes between the contrector (or any of its subcontractors) and Subrecipient (s�, State, EPA, the U S Department of Labor, or the employees or their representatives (10) Certfication of ehgibdrty (i) By entenng into this contrect, the contrector certifies that neither it (nor he or she) nor any person or firm who has an interest m the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a� of the Dav�s-Bacon Act or 29 CFR 5 12�a)(1) (iQ No part of this contract shall be subcontracted to any person or firm meligible for award of a Government contract by virtue of section 3(a) of the Davis Bacon Act or 29 CFR 5 12�a)(1) (ui) The penaity for makmg false statements is prescribed m the U S Crimmal Code, 18 U 5 C 1001 a Contract Provision for Contracts m Excess of $700,000 (a) Contract Work Hours and Safety Standards Act The subrecipient shall msert the following clauses sei forth in paragraphs (a)(1�, (2�, (3�, and (4) of this section in full in any contract in an amount in excess of 5100,000 and sub�ect to the overtime provisions of the Contract Work Hours and Safety Standards Act These clauses shall be inserted in addition to the clauses required by Item 3, above or 29 CFF 4 6 As used in this paragraph, the terms laborers and mechanics include watchmen and guards (1) Overtime reqwrements No contractor or subcontractor contracting for any part of the contract work which may reqwre or involve the employment of laborers or mechanics shall require or permit any such laborer or mechamc in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mecharnc receives compensation at a rate not less than one and one-half times the basic rete of pay for all hours worked in excess of forty hours in such workweek y (2) Violation, liability for unpaid wages, liqwdated damages In the event of any violation of the clause set forth m paragraph (a)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a terntory, to such District or to such territory), for liquidated damages Such liquidated damages shall be computed with respect to each individual laborer or mechanic including watchmen and guards, employed in v�olation �of the clause set forth in paragraph (a)(1) of this section, m the sum of $10 for each calendar day on p l � which such individual was reqwred or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a)(1) of this secUon (3) Withholding for unpaid wages and liquidated damages The subrecipient, upon written request of the EPA Award Offiaal or an authorized representatrve of the Department of Labor, shall withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontrector under any such contract or any other Federal contract with the same pnme contractor, or any other federally-assisted contract sub�ect to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy ' any liabilit�es of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth m paragraph (b)(2) of this section (4) Subcontracts The contractor or subcontractor shall msert in any subcontracts the clauses set forth in paragraph (a)(1� through (4) of this section and also a clause reqwnng the subcontrectors to mclude these clauses m any lower tier subcontracts The pnme contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a)�1) through (4) of this section (b) In addition to the clauses contained in Item 3, above m any contract sub�ect only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes ated m 29 CFR 5 1, the Subrectp�ent shall msert a clause reqwring that the contractor or subcontractor shall mamtain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract Such records shall contain the name and address of each such employee, soaal security number, correct classifications, hourly rates of wages paid, dady and weekly number of hours worked, deductions made, and actual wages paid Further, the Subrecipient shall insert in any such contract a clause providing hat the records to be maintained under this paragraph shall be made ava�lab{e by the contractor or subcontractor for inspection, copying, or transcnption by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the �ob 7�-� Appendix E E�IPLUYEE RIGHTS UNDER THE DAVIS-BACON ACT FOR LABORERS AND MECHANICS EMPLOYED QN FEDERAL OR FEDERALLY ASSISTED CON5TRUCTION PROJECTS THE UNfTED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION PREVAILING You musl be pa�d not less than ihewaga rate hsted fn Ihe Davis Bacon WAGES Wagm Oedsion postad vnlh ihis Nohce for Iheworkyou peNoim OVERTIME You musl be paiU rrot lesa lhan ono anA o�w-hall trtnes yow basic rere of pay for ail hours ivorked ovar 40 m a wotk week There ara few exc¢ptiona ENFORCEMENT Contrvct payments pn be wltMeld to ensure wndcars recerve wages and overhme pay dua and liqwdatod damages may apply A overtime pay requvemenls are not met Dahs-Bacon contracf clauses ollow coniracl tertnmatwn and debarmenl 01 �ntracto�s hom tu Wre federel contractsforuptothreeyoars AcontraclorwtafalslieacertAied paymll rocorde or mduces wage Wckbacks may be sub�ect to c�nl or cnminal prosocuhon fines and/or unpnsonment APPHENTICES ApprenM1Ce m[es apply only to appren6ces propedy reflis[erad undor approved Fedaral or Stata apprenUcesh�p progrartts PROPER PAY N you tlo not recelve proper p�y or requUe furiher mfarmauon on Ihe appLcabie uages cantac� �ho Confractmg ONicer 6sied belrnv or oontact Ihe U S Depariment of Lahor s Wage a� Hour Dre�s�on For add�onal �nformatron � -866-4-US�AGE �H� (1 866 487-9243) TTY 1 817 889-5827 "''""�� 9N1lInNol�AGEFIOUR.DP�d..G�l� 115 OepeN�wMO1Ln� I Fai[4iPKM5d�WnEe0.8TMq�ahcn I lJ�pOan]IW�OmUm w�� �i t�fMf.�n� DE� cHOS EL E PLEADO �AJO LL�►► LEY DAVIS-BACON PARA OBREROS Y MECI4NICOS EMPLEADOS EN PROYECTOS DE CONSTRUCCIt�N FEDERAL 0 CON ASISTEiVCIA FEDERAL LA SECCIbN DE HORAS Y SUELDOS DEL DEPARTAMENTO DE TRP,BAJO DE EEUU SALARIOS NoselepuetlepagarmanostlalaWSadepagolndlcatlaenlaDeclsidntleSalarlos PREVALECIENTES oaHS eacon n)aaa cm esteav�so p:va ei traba)o que ua aesempena. S�BRETIEMPO se le ha de pagar no menos tla tlempo y med�o Ee su tasa bIlSiw tle pago pa totlas lu haras Uabafatlas Cn exCeso de 40 en una eemana laboral Fxisten pocas excepciones CUMPUMIENTO se pueaen retener pagas por oonUntos paza awgurarw qua los obreros redWn �as cala�los y el pago tle sabreuempo aebltlos y se poarta aplicar aalfos y perJuiclas slnosecumpleconWSebgenclastlelpagodesobraUempo Lascl�usulas contractuales tle Daviseacon pemdicn la larminncl6n y ozdusl6n ao conUatistas para ateclus Nturos conUatos tetlerales hasta lros a}fos. 0 contratlsta qua lalsmque los regishos cerllticatlos tle �as n6minas tle pago o InC�aca tlevduclonos tlesalartospuetlecarsuJetoaprocssamlentodvilocrlminal multasy/o encarcelamlento APRENDICES IasWsasaea�xendlcess6losaapllcanaaprentllcesconeMamonte07sctltosbaJo pmgramas feaerales o eslatales aproWtlos. PAGO 61 UG no reclbo ol pago aprapiado o procisa Ao Infarmacl0n atlldon�l sabro los APROPIADO salaflos apllcables pdngaseen contacto con el Contratista Oticlal quenpamce ab�o o p6ngaw en cantxlo can la Seccl6n tle Horas y Sueltlos tlel Departamento tle 7FaW�o tle EEUU Pora obtener informacibn adicronal � -866-4-USI�IAGE 0 (1 866 487 9243) TfY 1 877-589 5627 '�'"" .1NAGEN�I9R.DOL.GO@� ll& Oep Imen ol�ana I Empb�mzn E�+nda�tl�A0.mYr�letrori I N..pem�hkuiDiv_.m wl fx .sA tr. mfea f anl Contract Number: 4870 Vendor: SCI INFRASTRUCTURE LLC Subject: Construction of Gorst Sewerage & Septic Abandonment Project Department: Engineering File Class: LEG 12 -1 Begin Date: 12/29/2009 End Date: 7/31/2010 Review Date: 7/1/2010 Vault Date: Comments: Change Order #1 -2/10 #2 -06/10 #3 -11 /10 CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 3 PROJECT NAME: Gomt Sewerage PROJECT NO: 5304 & 5305 CONTRACTOR: SCI Infrastructure, LLC. ORIGINAL CONTRACT AMOUNT: $3,253,847.57 DAYS: 205 PREVIOUSLY APPROVED CHANGES: $502,318.84 DAYS: 0 THIS CHANGE: $228,884.18 DAYS: 0 REVISED CONTRACT AMOUNT: $3,985,050.59 DAYS: 0 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. DESCRIPTION OF CHANGES INCREASE IN (DECREASE) IN CONTRACT CONTRACT CONTRACT TIME AMOUNT AMOUNT EXTENSION (DAYS:) X DELETION OF 2/1912010 DATE FOR SB 4 WORK The City hereby releases the Contractor from the requirement of work completion at the SB 4 work site. This is a no cost change order done to accommodate construction at the site by the two City Contractor's completing the pump station and collection system projects and is done with each others cooperation. Reference Work Change Directive #1 for additional detail on this change. $0 X JACK -N -BORE TO DIRECTIONAL DRILLING Revision to method of construction substituting directional drilling for the two crossings of SR 16 instead of a jack -n -bore. Reference Work Change Directive #10 and attached memo for additional detail on this change. ($34,575.29) X CLEANOUT STRUCTURE FROM 48" TO 60" MH Substitution of 60 -inch manholes for Multidirectional cleanouts on Belfair Valley Road instead of 48 -inch manhole structures as shown in the contract set. Reference Work Change Directive #11 and attached memo for additional detail on this change. $14,661.25 X TRAFFIC LOOP REVISION Revision of sewer alignment resulted in primary traffic loops not being damaged. Reference Work Change Directive #12 for additional detail on this change. ($1,737.60) X GRINDER PUMP CLEANOUTS Omission between Contract drawings and City Standards. Additional cleanout required at grinder pump installation. Reference Work Change Directive #16 and attached memo for additional detail on this change. $64,942.80 CONTRACT CHANGE ORDER NO: 3 PROJECT NAME: Gorst Sewerage X ADDITIONAL PANEL UPGRADES Two additional residences were found to have substandard panels and require additional work. Reference Work Change Directive #18 and attached memo for additional detail on this change. $8,462.11 X REVISED TRENCH RESTORATION DETAIL Contract assumed thickness of 6- inches of asphalt in SR 3. While saw cutting, asphalt thickness was found to be on average approximately 12- inches thick. The Contractor suggested revising the trench_ restoration from 14 -foot wide to 3- foot wide, and using the same 3 -foot wide trench on Belfair Valley and Sherman Heights Roads. The contract asphalt amount was 3675 tons, or $311,301.90. With the additional asphalt thickness, this would have increased to 4864 tons, or $412,019.71. The revised trench section reduced total asphalt usage to 2868 tons, or 78 % the original contract amount for a total cost of $242,942.54. This was a savings of $169,077.17 to the project. The Contractor, in accordance with Standard Specifications Section 1 -04.4 requested half of the savings being credited to them after payment of additional asphalt costs for the narrower trench patch. This additional cost is $110,780.69, for an overall projected savings to the project of $58,296.48, . Reference the attached memo for additional detail on this change. $30,000.00 X TRENCH PATCH In conjunction with the above, a new bid item is included for the trench restoration as noted below for Schedule A: Description 15.5A HMA Cl. % In. PG 64-22 for 3 -foot Trench Restoration, 1244 tons at $160 /ton. This will subtract 1244 tons from unit bid - item 15A. Construction There shall be no change in construction from Contract Specifications for this new bid item. The only change is in the method of placement with a narrower trench section. Measurement and Payment The above listed items shall be full pay for all labor, material, tools and equipment required to perform the work, in accordance with the Standard Specifications and as described in this change order. $110,780.69 X ADDITIONAL THICKNESS ASPHALT REMOVAL With the additional asphalt thickness, the Contractor expended additional time for traffic control, saw cutting, removal and disposal fees. In discussions with the City, this additional cost was negotiated as noted below. A new unit bid item shall be created in Schedule A as follows for a one -time lump sum payment as follows: Description 11.5A Additional Thickness Asphalt Removal, lump sum at $15,000.00. Page 2 of 4 i CONTRACT CHANGE ORDER NO: 3 PROJECT NAME: Gorst Sewerage Construction There shall be no change in construction from Contract Specifications for this new bid item. Measurement and Payment The above listed items shall be full pay for all labor, material, tools and equipment required to perform the work, in accordance with the Standard Specifications and as described in this change order. $15,000.00 X ASPHALT DRIVEWAY RESTORATION A number of private asphalt driveways were mistakenly marked for restoration using gravel. As the project was to restore properties to pre - construction condition, a proposal was requested from the Contractor allowing patching to be completed at these driveways. The City accepted the proposal and a new unit bid item shall be created in Schedule B as follows: Description 11.513 HMA Cl. % In. PG 64-22 for Driveway Patches, 50 tons at.$393.19/ton Construction There shall be no change in construction from Contract Specifications for this new bid item. The only change is in the method of placement with a patch section and the small quantity. Measurement and Payment The above listed items shall be full pay for all labor, material, tools and equipment required to perform the work, in accordance with the Standard Specifications and as described in this change order. $21,350.22 NET CHANGE IN CONTRACT AMOUNT $228,884.18 0 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 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. Page 3 of 4 CONTRACT CHANGE ORDER NO: 3 PROJECT NAME: Gorst Sewerage RECOMMENDED: PROJPCT ENGINEER Cate RECOMMENDED. � � CITY ENGINEER / DIRE R OF PUBLIC W KS Date ACCEPTED: CONTRACTOR Da e APPROVED: MAYOR Date APPROVED AS TO FORM: ! EST: Bremerton bity Attorney City 06kk Page 4 of 4 PUBLIC WORKS AND UTILITIES ENGINEERING DIVISION MEMORANDUM TO: Patty Lent, Mayor FROM: Gunnar Fridriksson P.L.S., P.E. DATE: 1 November 2010 SUBJ: Gorst Sewerage Project — Change Order #3 The Contractor for the collection system on the Gorst Sewerage project, SCI Infrastructure, is currently completing punchlist items and will be physically complete with the project by November 12 With completion, issues encountered during construction and addressed with Work Change Directives need to be formally included into the Contract by Change Order. The three change orders for this project are summarized in the following table: ITEM CONTRACT OR DATE DESCRIPTION CHANGE AMOUNT ($) ORIGINAL $3,253,847.57 12/18/2009 Notice of Award date. Actual Construction and CONTRACT Notice To Proceed was February 8, 2010 with AWARD ARRA funding requirement for construction to AMOUNT be underway by February 17, 2010. C.O. #1 $452,870.09 2/10/2010 Inclusion of Bid additive items into Contract. Due to a potential funding shortfall, the Department of Ecology requested the City award the contract based on the base bids for both Schedule A and Schedule B. Additional funding was found after the contract was awarded to SCI and SCI agreed to allowing the additive items be included for the original contract bid prices. C.O. #2 $49,448.75 6/4/2010 Installation of conduit for City telecommunications network along Belfair Valley Road. Included vaults and was to be done in conjunction with sewer mains being placed. This work was sought by the City Utilities for a future connection in having the City sites be able to communicate with each other and is not eligible for Contract funding. C.O. #3 $228.884.18 XXX Summarized in this memo FINAL COST* $3,985,050.59 11 /12/2010 * Final cost was 6.17% over original cost plus C.O. #1 (additive item) and discounting C.O. #2 Memo for Change Order #3 November 1, 2010 Page I of 4 The majority of the changes to the Contract were quantity changes with the unit bid items. However, some changes required either a new unit bid item, or modification to an existing one. These changes are almost all attributed to design changes and errors encountered in the field due to the City's need to meet funding deadlines set by the ARRA monies, and lack of time for an in -depth review of the drawings and conditions which would be encountered out on site. Total cost to the project with Change Order #3 is $228,884.18. This represents a 6.17% increase over the total cost of the original contract plus Change Order #I and not including Change Order #2. We believe this to be a very acceptable overage especially in light of the shortened timeline experienced with delivering the project, lack of subsurface information, utility conflicts and a Contractor unfamiliar with Kitsap County. A project would typically incorporate a contingency amount of roughly 10% of the total cost of the project. These changes for Change Order #3 are summarized below: Jack N -Bore to Directional Drilling (WCD #10) The original contract documents had the Contractor placing the two crossing on SR 16 by jack -n -bore. After discussion with WSDOT, the City was authorized to use directional drilling for the two crossings. This allowed the use of a 6 -inch versus 12 -inch casing required for the jack -n -bore. The City sought this change for three reasons: • Reduced cost with the smaller casing size. • Ease of moving the crossing if an obstruction was encountered. • Time savings and reduced impact to the traveling public. A proposal was requested from the Contractor for revising the two bid items associated and accepted by the City. The bid items are hereby changed to: #49A Sanitary Sewer Casing 6 In. Diam. 113 L.F at $197.15 per foot. Total cost for the new item: $24,194.56 #19B3 Sanitary Sewer Casing 6 In. Diam. 155 L.F. at $175.00 per foot. Total cost for the new item: $29,456.79 Work associated with these two revised bid items shall be in conformance with Section 7 -20 of the Special Provisions. Costs associated with the jack -n -bore are deleted and substituted for the above resulting in a net savings to the project of $34,575.29. Cleanoat Structure from 48" to 60" MH (WCD #11) Multidirectional cleanouts on Belfair Valley Road were shown as being constructed within 48 -inch manhole structures in the contract set. This was an error by the City and their Consultants as the cleanout assembly cannot be physically assembled within the structure. The structures had to be upsized to a 60 -inch manhole to fit the assembly. A proposal was requested from the Contractor for revising the associated bid item and was accepted by the City. No other aspect of this bid item is changed except for the size of the structure the assembly is placed into. The bid item is hereby changed to: #60A Multidirectional LPS Main Cleanout (7) at $3,078.60 per each. Total cost for revising this item: $14,661.25 Work associated with this revised bid item shall be in conformance with Section 7 -20 of the Special Provisions. No additional cost for removal and restocking of the 48 -inch structures previously delivered to the site are included. Traffic Loop Revision (WCD #12) The original A -line main and manhole A -10 alignment were placed such that it required the Contractor to excavate through the main and pre- detection loops for the signal system at Sam Christopherson Road on SR 3. The City redesigned the alignment as to minimize impacts to the intersection, traveling public Memo for Change Order #3 November 1, 2010 Page 2 of 4 and the asphalt restoration. As such, the City requested a deductive cost from the Contractor to the lump sum bid item which was accepted by the City. The bid item is hereby changed to: #23A Traffic Loop Restoration at $2,900.00 lump sum. This is a savings of $1,737.60 to the project. The pre- detection loop replacement remains and work associated shall be in conformance with the Contract specifications. Grinder Pump Cleanouts (WCD #16) Contract drawings and City Standards show a cleanout being placed at the grinder pumps, however no bid item is identified for the cleanouts. In discussion with the City's consultant, it was found that the missing bid item was an omission, and the cleanouts were not to be inclusive to the unit bid contract price for the grinders. A proposal was requested from the Contractor for inclusion of the cleanouts and was accepted by the City. A new unit bid item shall be created in Schedule B and Schedule B, Additive 3 as follows: Description: 28B Grinder Pump Cleanout Assemble, $1,150 per each (47) 28133 Grinder Pump Cleanout Assemble, $1,150 per each (5) Construction: The cleanouts shall be installed in accordance with the City Standards. All materials incorporated into the project by this change order shall be approved by the Engineer and conform to the ARRA requirements. Measurement and Payment: The above listed items shall be full pay for all labor, material, tools and equipment required to perform the work, in accordance with the Standard Specifications and as described in this change order for these lump sum items. This is an additional cost to the project of $64,942.80. Additional Panel Upgrades (WCD #18) In reviewing existing electrical services for installation of the grinder pumps, two additional residences, 4159 SR 3 and 3652 Belfair Valley Road, were found to be substandard and in need of electrical work before the grinder pump connections could be completed. Discussions with the Contractor also found them acceptable to completing the work as a lump sum item versus tracking time and materials for force account. The City requested a proposal revising the original bid item from force account to a lump sum cost for all seven (7) residences. The item was reviewed with the Electronics Division and found to be reasonable. Therefore, the bid item is hereby changed to: 27B Electrical Panel Upgrade $24752.11 Lump sum. This change is only to the method of payment and number of residences requiring electrical work. Work associated with this revised bid item shall be in conformance with Section 7 -22 of the Special Provisions. This'is an additional cost to the project of $8,462.11. Revised Trench Restoration Detail While saw cutting SR 3, asphalt thickness was found to be on average approximately 12- inches thick versus the 6- inches shown in the contract documents. With patching of the trench line being on average 14 -foot wide, the Contractor suggested minimizing thef asphalt removal from 14 foot to 3 foot, with a grind and overlay of the lane width instead. This same patch was also proposed for completing the work on Sherman Heights and Belfair Valley Road. This would translate from an average of using 1.06 tons /foot of asphalt to 0.38 tons /foot of asphalt for the trench restoration on SR 3. However, the cost of asphalt would increase for that portion of the tonnage placed into the narrower trench due to additional hand work from a contract price of $78 /ton to $160 /ton for the 1244 tons of asphalt needed for the trench restoration. Memo for Change Order #3 November 1, 2010 Page 3 of 4 Based on an assumed thickness of 6- inches, the contract asphalt amount was 3675 tons, or $311,301.90. With the additional asphalt thickness, this would have increased to 4864 tons, or $412,019.71. The revised trench section reduced total asphalt usage to 2868 tons, or 78% of the original contract amount for a total cost of $242,942.54. In addition, the project would see time savings with the work being completed as replacement of a three foot strip of asphalt versus the entire lane. This benefit would be to the traveling public accessing through and around the project site. A new unit bid item shall be created in Schedule A as follows: Description: 15.5A HAM Cl. %2 In. PG 64 -22 for 3-foot Trench Restoration, 1244 tons at $160 /ton. This will subtract 1244 tons from unit bid item 15A. Construction: There shall be no change in construction from Contract Specifications for this new bid item. The only change is in the method of placement with a narrower trench section. Measurement and Payment: The above listed items shall be full pay for all labor, material, tools and equipment required to perform the work, in accordance with the Standard Specifications and as described in this change order. With the additional asphalt thickness, the Contractor expended additional time for traffic control, saw cutting, removal and disposal fees. In discussions with the City, this additional cost was negotiated as noted below. A new unit bid item shall be created in Schedule A as follows for a one -time lump sum payment as follows: Description: 11.5A Additional Thickness Asphalt Removal, lump sum at $15,000.00. Construction: There shall be no change in construction from Contract Specifications for this new bid item. Measurement and Payment: The above listed items shall be full pay for all labor, material, tools and equipment required to perform the work, in accordance with the Standard Specifications and as described in this change order. Cost Reduction Incentive Proposal (CRl•P) The Contractor proposed the modified restoration section using Standard Specifications Section 1 -04.4 and has requested participation in the cost savings from the reduced asphalt usage. After subtracting the additional asphalt cost from the reduced trench section, and negotiations with the Contractor, the City has determined a fair and equitable amount to the Contractor as $30,000. This will be a lump sum payment under a new bid item 66A, CRIP Settlement. This payment shall be for full resolution of this issue. Asphalt Driveway Restoration A number of private asphalt driveways were mistakenly marked for restoration using gravel. As the project was to restore properties to pre - construction condition, a proposal was requested from the Contractor allowing patching to be completed at these driveways. The City accepted the proposal and a new unit bid item shall be created in Schedule B as follows: Description: 11.5B HAM Cl. % In. PG 64 -22 for Driveway Patches, 50 tons at $393.19/ton Construction: There shall be no change in materials from Contract Specifications for this new bid item. This change includes all time needed by SCI for removals, sawcutting and dressing the existing asphalt edges, providing CSTC, grading as needed, compacting and all preparation needed to complete the patch sections with the relatively small quantity. Measurement and Payment: The above listed items shall be full pay for all labor, material, tools and equipment required to perform the work, in accordance with the Standard Specifications and as described in this change order. Memo for Change Order 93 November 1, 2010 Page 4 of 4 Contract Number: 4870 Vendor: SCI INFRASTRUCTURE LLC Subject: Construction of Gorst Sewerage & Septic Abandonment Project Department: Engineering File Class: LEG 12 -1 Begin Date: 12/29/2009 End Date: 7/31/2010 Review Date: 7/1/2010 Vault Date: Comments: Change Order #1 -2/10 #2 -06/10 1 HA|L0| »`\H1 (8N [)[[A F 1 ()[ F(,()1() \/ //i�' ° xvo/^mJi v.v'n'�, jooc29.2Ul0 Mr. Mike K4cohum. PI' Public Works Direcb`r City o[Bremerton ]00 Oyster Bay Ave. North Bremerton. WA98]|2 Dear Mr. h1euhum: Re: Cicynf Bremerton, Gocst Su*crngc Project No5304uod53O5 Change Order No. 2 On JanUary 21, 2010, the above-referenced C0110 contract was approved by the Department of Cco|o�yino�rondunc�xirhK�VV90�48�|�UandChop��rl73-24O� Chmo�cOnd�r��m�2�hm��cythx terms o[ that contract and is hereby APPROVED b`Foo|ogy The cost of the contract. with this change orderino|od«d` is mimmahxcd in the below table. "D6Lina[SCI Iric. Contract Amount 0vvitax) D3,253.84TS7 " Cost of Char Order No I (" 8452.870.09 u 'Order-N-o. l(*fmx) S49.448,75 " Revised (w!mV S3.75& 166.41 /\ copy of the approved change order, ixlcluding cost details and inforniation regarding eligibility, ia being returned to you for your files with this letter. Approval nf the change order should not bp construed asao approval for additional grant or loan funds, or approval nf budget ihenz changes hm the SRFagreement. Sales tax has been included io the costs and eligibility. (f}nu have any gucatious please call Kenneth 7iobau.Pro mc1 Manager, ur(425)640-7\64,ormco1(425) 64A-7O33. Sinccrr|y, Kevin C. Fitzpatrick -~ Water 0un|ity&4unn�rr North�veyt Regional Office Euc|: Approved Change Order No. 2 cc: 7mnKnuckcy P.E City oY8rolexoo G unnar Fridhkomm,P.E, City o[8rrmertoo Kenneth D.DcbuuP.E.Eio)o->'YYQ/MYYR0'�eno|nour* Pat 8nummer.Gco{o&y FMS. m/enclosure °° CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 2 PROJECT NAME: Gorst Se werage PROJECT NO: 5 304 & 53 05 CONTR ACTOR: SCI Infrastructure, LLC. ORIGINAL CONTRACT AMOUNT: $3,253,847.57 DAYS: 205 PREVIOUSLY APPROVED CHANGES: $452,870.09 DAYS: 0 THIS CHANGE: $49,448.75 DAYS: 0 REVISED CONTRACT AMOUNT: $3,756,16 DAYS: 0 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 INC $.SB tttF ' {t7EREASE} IN CO ACT NTRAC CC7NTRAGT TIM AMOtJ fGa" 0 Al UNT EXT SION AY AV - FUTURE TELECOMMUNICATIONS CONDUI i tits+ t�;t�.ttxll'+ The City of Bremerton is incorporating a single 2 -inch onduit ; J i and associated vaultsljunction boxes on Belfair Valley oad from Hamilton Road to Sherman Heights Road at City xpense. rr This will create new unit bid items into the Contract, w chap t R be referred to as Schedule C. T'he items are detailed b low: Description Three new Schedule C items shall be created. �- I C1, Conduit from Hamilton to Pull Vault $36,80423 C2, Conduit from Pull Vault to SB -3 Site $784 C3, Conduit from Pull Vault to Eastern Terminus $11 11 860 29 Construction The conduit and vaults /junction boxes shall be installed in accordance with the drawings provided to SCI in the Request for Proposal dated April 23 2010 and the City of Bremerton Standards Section 7, Street Lighting. With the exception that al of the conduit place may be PVC Schedule 40. All materials i incorporated into the project by this change order shall be approved by the Engineer. I j Measurement and Payment I ) I The above listed Schedule C items shall be full pay for all labor, materials, tools and equipment required to perform the work, in accordance with the Standard Specifications and as described i i In this change order for these lump sum items i NET CHANGE IN CONTRACT AMOUNT - -- i $49,448.75 '- ;- 0 INCREASE OR (DECREASE) I I CONTRACT CHANGE ORDER NO: 2 PROJECT NAME: Gorst Sewerag Contractor acknowledges and accepts that_ this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, on -site or home office overhead, or lost profits. Nothing in this Change Order shall limit the City's right to bring a claim for past performance. The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Change Order. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Change Order shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a change order that is binding on the parties of this contract. In addition, Contractor warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. RECOMMENDED: PR JE T C RECOMMENDED: S�t t A � Y ENGINEER! DIRECTOR OF PUBLIC WORKS Date ACCEPTED: �� 9 T� O Date APPROVED: �_ -- — - -- -- — ~ U MAYOR Date APPR TO FORM: ATTEST: 7 46 on JCOVAttorney City Clerk IF 41D) I NINAS d' C: gy o �. j F �ISTE.� F " j SS�ONAL G Page 2 of e Y DEPARTMENT OF ECOLOGY WATER QUALITY PROGRAM NORTHWEST' REGIONAL OFFICE V I I,'.- COMMENTS Ci ty of Bremerton, Washington REVIEWED ON RECIPIENT • • + + REVIEWED BY mamma PROJECT - I . • o K. "Liebart NAME OF . . 2 GRANT NUMBER DEPARTMENT O DOCUMENT Prepared by Bremerton May 10, 2010 SRF Loan Nt, ECOLOGY REVIEWED Signed by Bremerton June 4, 2010 L1000019/20/SA30 State of Washington ORIGINAL CONTRACT w /tax $3,253,848 Scope - Eligible Portion of Original Contract $3,253,848 PREVIOUS CHANGE ORDERS $452,870.09 Prev. Approved Scope - Eligible COs $452,870 THIS C.O. AMOUNT (w/tax) $49,448.75 This C.O. Scope - Eligible, w/o Tax SO.00 0.09% TOTAL C.O. AMOUNT (w /tax) 5502,318 84 s 50,00 CURRENT CONTRACT (w /tax) $3,756,1616.41 CURRENT Loan - Eligible Contract Amount $3,706,717.66 ORIGINAL COMPLETION 15- Oct -10 CURRENT Loan - Eligible CO Amt wl Tax $452.870.09 13,9(; Days Allowed (By Bremerton) 0 New Contract Completion Date 15 -Oct -10 Days Approved This C.O. 1 0 New Loan-Approved Contract Completion 15- C)ct - ELIGIBLE WCD No. AMOUNT AMOUNT DESCRIPTIONS /REMARKS l $36,804,23 $0.00 Ne�v bid item Cl, Conduit from llamilton to Pull Vault Conduit. Not eligible; this is for street lighting. 2 $784.23 $0.00 C2, Conduit from Pull Vault to 58-1 Site. Not eligible; this is For street lighting. 4 $11.800.29 $0.00 C3. Conduit trorn Pull Vault to Eastern Terminus. Not eligible; this is for street lighting. Bremerton Gorst Sewerage,xlsx CO NO. 2 Contract Number: 4870 Vendor: SCI INFRASTRUCTURE LLC Subject: Construct Gorst Sewerage & Septic Abandonment Project Department: Engineering File Class: LEG 12-1 Begin Date: 12/29/2009 End Date: 07/31/2010 � Review Date: 07/01/2010 Vault Date: Comments: Change Order #1-2/10 #2-6/10 `� ` � CITY OF BREMERTON CHANGE ORDER , , CONTRACT CHANGE ORDER NO: 2 PROJECT NAME: Gorst Sewerage PROJECT NO: 5304 & 5305 CONTRACTOR: SCI Infrastructure, LLC. ORIGINAL CONTRACT AMOUNT: $3,253,847.57 DAYS: 205 PREVIOUSLY APPROVED CHANGES: $452,870.09 DAYS: 0 THIS CHANGE: $49,448.75 DAYS: 0 REVISED CONTRACT AMOUNT: $3,756,166.41 DAYS: 0 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. DESCRIPTION OF CHANGES INCREASE IN (DECREASE) IN CONTRACT o r CONTRACT CONTRACT TIME � � AMOUNT AMOUNT EXTENSION � � ($) ($) (DAYS:) > > � � FUTURE TELECOMMUNICATIONS CONDUIT The City of Bremerton is incorporating a single 2-inch conduit and associated vaults/junction boxes on Belfair Valley Road from Hamilton Road to Sherman Heights Road at City expense. This will create new unit bid items into the Contract, which will be referred to as Schedule C. The items are detailed below: Description Three new Schedule C items shall be created. C1, Conduit from Hamilton to Pul! Vault $36,804.23 C2, Conduit from Pull Vault to SB-3 Site $784.23 C3, Conduit from Pull Vault to Eastern Terminus $11,860.29 Construction The conduit and vaults/junction boxes shall be installed in accordance with the drawings provided to SCI in the Request for Proposal dated April 23� 2010 and the City of Bremerton Standards Section 7, Street Lighting. W ith the exception that all of the conduit place may be PVC Schedule 40. All materials incorporated into the project by this change order shall be approved by the Engineer. Measurement and Pavment The above listed Schedule C items shall be full pay for all labor, materials, tools and equipment required to perform the work, in accordance with the Standard Specifications and as described in this change order for these lump sum items. NET CHANGE IN CONTRACT AMOUNT $49,448.75 0 INCREASE OR (DECREASE) � : CONTRACT CHANGE .ORDER NO: 2 PROJECT NAME: Gorst Sewerage � Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, on-site or home office overhead, or lost profits. Nothing in this Change Order shall limit the City's right to bring a claim for past performance. The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Change Order. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Change Order shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a change order that is binding on the parties of this contract. In addition, Contractor warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. RECOMMENDED: � �d ��+Q PROJE ENGINEER ate RECOMMENDED: S/� � �� � Y ENGINEER / DIRECTOR OF PUBLIC WORKS Date ACCEPTED: D�'�� � D NT O Date APPROVED: � ��° '� � � �� MAYOR - Date APPR TO FORM: ATTEST: /� . r on C Attorney City Clerk Page 2 of 2 Contract Number: 4870 Vendor: SCI INFRASTRUCTURE LLC Subject: Construct Gorst Sewerage & Septic Abandonment Project Department: Engineering File Class: LEG 12-1 Begin Date: 12/29/2009 End Date: 07/31/2010 Review Date: 07/O1/2010 Vault Date: Comments: Change Order #1-2/10 + CITY OF BR�MERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 'I PROJECT NAME: Gorst Sewerage ' PROJECT NO: 5304 & 5305 CONTRACTOR: SCI Infrastructure, LLC. ORIGINAL CONTRACT AMOUNT: $3,253,847.57 DAYS: 205 PREVIOUSLY APPROVED CHANGES: $0 DAYS: 0 THIS CHANGE: $452,870.09 DAYS: _ 0 REVISED CONTRACT AMOUNT: $3,706,717.66 DAYS: 0 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. DESCRIPTION OF CHANGES INCREASE IN (DECREASE) IN CONTRACT o � , CONTRACT CONTRACT TIME � � AMOUNT AMOUNT EXTENSION a� m ($) ($) (DAYS:) > > � � ADDITION OF ADDITIVES #2 AND #3: Additional funding has been secured allowing the City of Bremerton to incorporate Additives #2 and #3 into the contract as presented in the proposal from SCI Infrastructure, LLC, dated November 10, 2009. The additives and amounts are as follows: Schedule A, Additive 2 $175,670.55 Schedule B, Additive 2 $61,513.54 Schedule B, Additive 3 $215,686.01 The additives are included into the project as presented in the proposal and shall be full pay for all labor, materials, tools and � equipment required to perform the work, in accordance with the Special Provisions, Standard Specifications, Contract Plans and City of Bremerton Design Standards. NET CHANGE IN CONTRACT AMOUNT $452,870.09 , 0 ' 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 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. CONTRACT CHANGE ORDER NO: 'I PROJECT NAME: Gorst Sewerage 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 tak� appropriate action to modify any bonds required under the contract to address this change. , 2 �' ��o RECOMMENDED: PROJE T ENGINEER Date, RECOMMENDED: � � �� CITY EN INEER / DIRECTOR OF PUBLIC WORKS ate - ACCEPTED: l"' � � CO RACTOR Date APPROVED: � � /O '� MAYOR ate APP O FORM: ATTEST: i � . erto ity Attorney City Clerk Page 2 of 2 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date Vault Date: 4870 SCI INFRASTRUCTURE LLC Construct Gorst Sewerage & Septic Abandonment Project Engineering LEG 12-1 12/29/2009 07/31/2010 07/O1/2010 Comments : CONTRACT (page 1 of 5) THIS AGREEMENT is dated the -s �� — day of in the year 2009 by and befinreen City of Bremerton (hereinafter called C TY) and �C� 9iVFR�4ST�lJCY'URE, LLC (hereinafter called CONTRACTOR). CITY 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 CITY's Contract Documents entitled Gorst Sewerage ARTICLE 2. CONTRACT TIMES. The WORK outlined in Schedules A and B(including additives) shall obtain Substantial Completion within the number of working days specified in Section 1-08.5 of the Standard Specifications as may be modified by the Special Provisions from the commencement date stated in the Notice to Proceed. Time is of the essence as to each and every deadline set forth in this agreement. This provision has been specifically negotiated. ARTICLE 3. LIQUIDATED DAMAGES. CITY and the CONTRACTOR recognize that time is of the essence of this Agreement and that the CITY 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 Section 1-08.8 of the Standard Specifications which may be modified by the Special Provisions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CONTRACTOR shall pay the CITY liquidated damages in the amount specified in Special Provision 1-08.9 for each day that expires after the time specified in Article 2 herein and Special Provision 1-08.5 for Substantial Completion and Final Completion of the WORK in accordance with Section 1- 08.9 of the Standard Specifications as may be modified by the Special Provisions. ARTICLE 4. CONTRACT PRICE. CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Proposal, which shall include sales tax as provided in Section 1-07.2(2) of the Special Provisions. Contractor Initials Ciry of Bremerton 236-1896-085 Gorst Sewerage LD-44 October 2009 Contract Documents — Conformed Set Contract CONTRACT (page 2 of 5) ARTICLE 5. PAYMENIT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9 of the Standard Specifications which may be modified by the Special Provisions. Applications for Payment will be processed by ENGINEER as provided in the Special Provisions. ARTICLE 6. CONTR�4CT DOCUMENTS. The Contract Documents which comprise the entire agreemen CONTRACTOR concerning the WORK consist of this Contract Contract-7, inclusive) and the following attachments to this Contract: • Notice Inviting Bids, • Bidders Checklist, t befinreen CITY and (pages Contract-1 to • Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits, � • PerFormance Bond, • Payment Bond, • Project Sign Insert � Washington State Department of Ecology Water Quality Program State Revolving Fund specification inserts • Washington State Department of Ecology American Recovery and Reinvestment Act of 2009 (ARRA) Funding specificatians insert • United States Environmental Protection Agency Memarandum (Implementation of Buy American Provisions of P.L. 111-5, the "American Recovery and Reinvestment Act of 2009" • Environmental Protection Agency (FRL-8939-1) Notice of Revised Nationwide Waiver of Section 1605 (Buy American Requirement) of American Recovery and Reinvestment Act of 2009 (ARRA) Based on PubVic Interest for de minimis Incidental Components of Projects Financed Through the Clean or Drinking Water State Revolving Funds Using Assistance Provided Under ARRA • Standard Specifications, Contractor Initials C�ty of Bremerton 236-1896-085 Gorst Sewerage LD October 2009 Contract Documents — Conformed Set Contract CONTRACT (page 3 of 5) • Amendments to the Standard Specifications, • Special Provisions, • Contract Plans, • Appendix C— Construction forms, Appendix E— City of Bremerton Standard Details � Addenda numbers � 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 Section 1-04.4 of the Standard Specifications which may be modified by the Special Provisions. ARTICLE 7. INDEMNIFICATION. The CONTRACTOR and CITY acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, ENGINEER, their consultants, subconsultants, and the officers, directors, employees, and agents of each and any of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any pertormance of the WORK, but not from the sole negligence or willful misconduct of the CITY and/or the ENGINEER as further defined in the Contract Documents. The provisions of this section shall survive the termination of the contract. Contra tor Initials Crry of Bremerton 236-1896-085 Corst Sewerage LD October 2009 Contract Documents — Conformed Set Contract CONTRACT (page 4 of 5) ARTICLE 8. THIRD-PARTY �ENEFICIA►RY All parties agree that the State of Washington shall be, and is hereby, named as an express third-party beneficiary of this contract, with full rights as such. ARTICLE 9. ASSIGNMENT �• No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to th� 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 CITY, 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 CITY 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. CITY and CONTRACTOR each binds itsel representatives to the other party hereto, representatives in respect of all covenants, Contract Documents. f, its partners, successors, assigns and legal its partners, successors, assigns and legal agreements and obligations contained in the � Contractor Initials Ciry of Bremerton 236-1896-085 Gorst Sewerage LD-47 October 2009 Contract Documents — Conjormed Set Contract /� CONTRACT (page 5 of 5) IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed the day and year first above written. CONTRACTOR �C� INFRASTRU � : '� , [CORPORATE SEAL] Attest ��'�-� ,�t� Address for giving notices �.� /o`!�' ��, ,� ,��f / D ��O�s'Y1����] . Ui' �JJ� �� � .. . -. _ . . � _� � _ `' _ �i� �i t T�/ , � A�.i' (Title) Contractor Initials Attest �'`-"`�"`," Ca�.�,���ov� Address for giving notices � ✓ (/ g 1f � C�GL-�- � 7 \� �C.'�i l�'u�c-c =�� ��- � 8"b �f�7 License No. � ��� Agent for service of process: Ctty of Bremerton 236-1896-085 Gorst Sewerage LD-48 October 2009 Contract Documents — Conformed Set Contract CONTRACT CERTIFICATE (if Corporation) STATE OF ) ) COUNTY OF) SS: I HEREBY CERTIFY°that,a meeting of the Board of Directors of the a corporation existing under the laws of the State of , 2009, the following resolution was duly passed and adopted: IiTaC[•Ti1 "RESOLVED, that , as President of the Corporation, be and is hereby authorized to execute the CONTRACT dated , 2009, by and between this Corporation and City of Bremerton and that his/her execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hanci and affixed the official seal of the corporation this , day of _ , 2009. Secretary (SEAL) Ciry of Bremerton 236-1896-085 Gorst Sewerage LD-49 October 2009 Contract Documents — Conformed Set Contract CONTRACT CERTIFICATE (if Partnership) STATE OF COUNTY OF ) ) SS: ) I HEREBY CERTIFY that a meeting of the Partners of the a partnership existing under the laws of the State of , held on , 2009, the following resolution was duly passed.and adopted: "RESOLVED, that , as of the Partnership, be and is hereby authorized to execute the CONTRACT dated , 2009, by and between this Partnership and City of Bremerton and that his/her execution thereof, attested by the shall be the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this _, day of , 2009. Partner (SEAL) Ciry of Bremerton 236-1896-085 Gorst Sewerage LD-50 October 2009 Conhact Documents — Conformed Set Contract CONTRACT CERTIFICATE (if Joint Venture) STATE OF COUNTY OF ) ) SS: ) I HEREBY CERTIFY that a meeting of the Principals of the a joint venture existing under the laws of the State of , held on , 2009, the following resolution was duly passed and adopted: "RESOLVED, that ��� of the Joint Venture, be and is hereby authorized to execute the CONTRACT dated , 2009, by and befinreen this Joint Venture and City of Bremerton and that his/her execution thereof, attested by the shall be the official act and deed of this Joint Venture." I further certify that said resolution is now in full force and �ffect. IN WITNESS WHEREOF, I have hereunto set my hand this . 2009. Managing Partner (SEAL) Ciry of Bremerton Gorst Sewerage Contract Documents — Conformed Set LD-51 day of 236-1896-085 Ocrober 2009 Contract CONTRACT CERTIFICATE (if Limited Liability Company) STATE OFU�Ix-�j{'1 IVtD� 1vv� ) LL � � <J ) SS: COUNTY OF �1�� ) I HEREBY CERTIFY that a meeting of the Members of the ;. , - a Limited Liability Company existing under the laws of the State of��'�l'1����, held on b 1 `�l � l 0 � , 2009, the following resolution was duly passed and adopted: "RESOLVED, that I'���� �C� C� �� , and �� �� � � � as members of the Limited Liability Company, be and are hereby authorized to execute the CONTRACT dated , 2009, to the City of Bremerton by this Limited Liability Company and that their execution thereof shall be the official act and deed of this Limited Liability Company." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 2 -�� day of �T��'(�L'vt,{�� .2009. Sc� In-��5.���.-� LG� A Limited Liability Company By: -`'�---_ ember B — ', Cv y� Membe (SEAL) City of Bremerton 236-1896-085 Gorst Sewerage LD October 2009 Contract Documents — Conformed Set Contract