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Home My WebLink About5027 i r Contract Number 5027 Vendor- SERPANOK Subject: Park Plaza Garage - Alley Modification Department Econ Devel File Class- LEG 12 -1 Begin Date 6/1/2011 End Date 6/1/2011 Review Date 6/1/2012 Vault Date Comments: Change Order #1 8/31/11, Change Order #2 3/28/12; Change Order #3 1/24/13; LD.SE.D.-- 3-/- -9 12 n FINANCE DEPARTMENT Asst Director of Financial Services i Cathenne Johnson36 35296 ciohnson@ci bremerton wa us e y ude�6CK9�3�w rem�n.s t11�/498337�� ALA March 19, 2013 Mr Richard Foster, Manager Key Bank 8402 Pacific Avenue Tacoma, Washington 98444 Re Release of retained Escrow for Serpanok Construction, "Alley Modification" Park Avenue Plaza Phase II contract with the City of Bremerton Escrow No 471063003837 Dear Mr Foster, The City of Bremerton hereby authorizes the release of $2,386.12 from the above referenced Escrow Account to the contractor, Serpanok Construction for the Ailey Modification construction contract and the release of 110.91 to The City of Bremerton as per a change order for overpayment Please send the $110 91 to Attn Becky Hasart, Finance Director City of Bremerton 345 6' Street Bremerton, WA 98337 This Public Works project has been accepted as complete by the City of Bremerton, the Department of Revenue, the Department of Labor and Industries and the Employment Security Department Please note the above referenced Escrow Account was shared by two separate contracts, as directed by the contractor Thank you 04X� CatI n Asststant Director of Financial Services cc Igor Kunitsa, Serpanok Construction City Clerk, City of Bremerton �y� gees �o NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Contractor's UBI Number: 602249712 Date: 1/25/2013 Name & Address of Public Agency Department Use Only City of Bremerton Assigned to 345 Sixth Street, Suite 600 Bremerton, WA 98337 Date Assigned UBI Number: 181002539 Notice is hereby given relative to the completion of contract or project described below Project Name Contract Number Job Order Contracting Alley Modification - Park Avenue Plaza Phase H 202 ❑ Yes 0 No Description of Work Done/Include Jobsite Address(es) In existing alley Raised existing grades, provided retammg walls, raised manholes, provided new storm sewer line east of existing alley Location 649 4th St, Bremerton, WA 98337 Federally funded road transportation protect? ❑ Yes R] No Contractor's Name Telephone Number Affidavit ID* Serpanok Construction, Inc 1 253-573-1332 378346 Contractor Address 4519 S Orchard, Tacoma, WA 98466 If Retainage is Bonded, List Surety's Name (or attach a copy) North American Specialty Insurance Company, Washington International Insurance Company Surety Agent's Address 475 North Martingale Rd, Schaumburg, IL 60173 Date Contract Awarded Date Work Commenced Date Work Completed Date Work Accepted 06/01/2011 1 07/11/2011 1 07/27/2011 1 06/14/2012 Contract Amount $ 24,500 00 Additions ( +) $ 25,440 68 Liquidated Damages $ 000 Reductions ( -) $ Amount Disbursed $ 49,717 98 Sub -Total $ 49,940.68 Amount Retained $ 2,38612 Amount of Sales Tax Paid at 8600% (If vanous rates apply, please send a breakdown) $ 70� 2,163 5E]5 ODAin10\3T5 TOTAL $ 52,104.10 TOTAL $ 52,104.10 N CT pp COQ ' NOTE: These two totals must be equal Please List all Subcontractors and Sub -tiers Below: Subcontractor's Name UBI Number (Required) Affidavit ID* F215- 038 -000 07 -2012 REV 31 0020e (07/06/12) Continued on page 2 Please List all Subcontractors and Sub -tiers Below: SttbcontraCtor's Name UBI Number (Required) Affidavit ID* Comments Portions of this project qualifies as a roadway project as per WAC 171 $25,156 01 was subject to sales tax at 8 6% Contact Name Alyce A Fierro Title Project Assistant Email Address alyce fierro c1 bremerton wa us Phone Number 360 - 473 -5269 NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates Affidavit ID* - Provide known ones at this time. No LNI release will be granted until all affidavits are completed. Submitting Form: Please submit the completed form to all three agencies below For a faster response, please submit by e-mail A Washington State Washington State Washington State Department of Revenue 3 r _- • Department of Labor and Industries Employment Security Department Public Works Section Contract Release "° Registration, Inquiry, Standards & PO Box 47474 PO Box 44274 Coordination Unit Olympia WA 98504 -7474 Olympia, WA 98504 -4272 PO Box 9046 (360) 725 -7588 (360) 902 -5772 Olympia WA 98507 -9046 FAX (360) 664 -4159 FAX (360) 902 -6897 (360) 902 -9450 PWC @dor wa gov ContractRelease @lni wa gov Fax (360) 902 -9287 For tax assistance or to request this document m an alternate format, visit http / /dor wa gov or call 1- 800 - 647 -7706 Teletype (TTY) users may call (360) 705 -6718 F215 -038 -000 07 -2012 REV 31 0020e (07/06/12) Washington State Re fj, <r £ ; E Department of Revenue c. u er u W Box 47474 v e Olympia, WA 98504 -7474 602 249 712 Certificate of Payment of State Excise RECEIV" D Taxes by Public Works Contractor Qt MAR 19 2013 SERPANOK CONSTRUCTION INC CITY OF BREMERTON 4519 S ORCHARD ST ALYCE A FIERRO Dcpbrtmentof TACOMA WA 98466 6621 345 SIXTH ST STE 600 CommunityDeve'apment BREMERTON WA 98337 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 202, ALLEY MODIF - PARK AVE PLAZA PH II 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 D at Olympia, Washington, State of Washington Department of Revenue Certifying Officer For tax assistance, visit dor wa gov or call 1 -800 -647 -7706 To inquire about the availability of this document in an alternate format for the visually impaired , please call (360) 705 -6715 Teletype (TTY) users may call 1- 800451 -7985 REV 310028 (10- 01 -02) sac sTer� o � 0 4 � I � c ti �y� ItlBV FC I STATE OF WASHINGTON DEPARTMENT OF LABOR AND INDUSTRIES I CITY OF BREMERTON COMMUNITY DEVELOPMENT ATTN: ALYCE FIERRO, PROJECT ASSISTANT 345 SIXTH STREET, SUITE 600 BREMERTON WA 98337 Certificate of Release of the State's Lien on Public Works Contracts With this letter, the Washington State Department of Labor & Industries approves of your release or payment of the contract amount retained from the following contractor - -- SERPANOK CONSTRUCTION INC 955,104 -02 602 249 712 4519 SOUTH ORCHARD ST TACOMA WA 98466 - -- related to the following public works contract: ALLEY MODIFICATION PARK AVE PLAZA PHASE II 202 This approval is for workers' compensation insurance premiums only. L &I's prevailing wage section separately requires all contractors on the project file an affidavit of wages paid. These affidavits must be approved before retainage can be released. In our opinion, all workers' compensation insurance premiums, increases, and penalties due to L &I from this contractor have been paid in full or are readily collectible without recourse to the state's lien on the retained percentage. ** This letter's sole purpose is to communicate our release of the state's lien to the public official responsible for paying or authorizing the payment of public funds to the contractor named above. If we later determine that the contractor owes additional premiums related to the above - mentioned contract or other activities, the contractor is still liable for payment. Dated January 30, 2013 at Olympia, Washington. RECEIVER City of Bremertou ! r Contract Release Specialist JAN 0 4 2013 JOLENE SKINNER 360- 902 -4859 or SKIK235@LNI.WA.GOV Department of ** Title 51 RCW authorizes L &I to collect workers' compen e,elooment sa insurance premiums, increases, and penalties. Chapter 60.28 RCW establishes L &I's priority regarding this lien. Chapter 39.12 RCW addresses L &I's requirement for affidavits of wages paid. Escrow No : 1 7/0&,3 00:5,F-? 7 Contract No Project Pa&b Mw k Ayc�' ('et vv- ESCROW AGREEMENT TO /� Ey g�n1 l< (Bank or Trust Company) 54Tf1 -7j¢C) f/C- (B ranch) (Address) The unders� ed �� hereinafter referred to as the Contractor, has directed nafter referred to as the Agency, to deliver to you its warrants or checks that shall be payable to you and the contract disposed of by you in accordance with the following instructions and upon the terms and conditions hereinafter set forth INSTRUCTIONS 1 The Agency shall deliver to you from time to time checks or warrants payable jointly to you and the Contractor You are hereby authorized by the contractor to endorse in the contractor's name any such check or warrant so that you may receive the proceeds thereof and invest the same The power of endorsement hereby granted to you by the Contractor shall be deemed a power coupled with an interest and shall be irrevocable during the term of this escrow Although you may be a payee named in such warrants or checks as shall be delivered to you, your duties and responsibilities with respect to the same shall be only those duties and responsibilities which a depository bank would have pursuant to Article 4 of the Uniform Commercial Code of the State of Washington for an item deposited with it for collection as of the date such check or warrant shall be delivered to you The proceeds from collections shall be used by you to purchase as directed by the Contractor, bonds or other securities chosen by the Contractor and approved by you and the Agency For the purpose of each such purchase, you may follow the last written direction received by you from the Contractor, provided such direction otherwise conforms with the restrictions on investments recited herein Attached is a list of such bonds or other securities approved by the Agency No further approval is necessary if any of these bonds or securities are selected by the Contractor Other bonds or securities, except stocks, may be selected by the contractor, subject to express written approval of you and the Agency. Purchase of such bonds or other securities shall be in a form which shall allow you alone to reconvert such bonds or other securities into money if you are required to do so by the Agency as provided in paragraph 4 of the Escrow Agreement The investments selected by the Contractor, approved by the Agency and purchased by you must mature on or prior to the date set for the completion of the contract, including extensions thereof or thirty days following the final acceptance of said improvement or work 2 When and as interest on the securities held by you pursuant to this agreement accrues and is paid, you shall collect such interest and forward it to the Contractor at its address designated below unless with your written consent you are otherwise directed in writing by the Contractor 3 You are not authorized to deliver to the Contractor all or any part of the securities held by you pursuant to this agreement (or any momes derived from the sale of such securities, or the negotiation of the Agency's warrants or checks) except in accordance with written instructions from the Agency The Agency shall inform you and keep you informed in writing of the name of the person or persons with authority to give you such written instructions Compliance with such instructions shall relieve you of any further liability related thereto The estimated completion date on the contract underlying the Escrow Agreement is AS rrG'� /oC Upon request by you, the Agency shall advice you in writing of any change in the estimated completion date If the estimated completion date is changed, you are authorized to reinvest the monies held hereunder in accordance with the new estimated completion date 4 In the event the Agency orders you to do so in writing, and not withstanding any other provisions of this agreement, you shall, within thirty-five (35) days of receipt of such order, reconvert into money the securities held by you pursuant to this agreement and return such money together with any other monies, including accrued interest on such securities, held by you hereunder, to the Agency 5 The contractor agrees to pay you as compensation for your services hereunder as follows Payment of all fees shall be the sole responsibility of the Contractor and shall not be deducted from any property placed with you pursuant to this agreement until and unless the Agency directs the release to the Contractor of the securities and monies held hereunder whereupon you shall be granted a first lien upon such property released and shall be entitled to reimburse yourself from such property for the entire amount of your fees and any unanticipated amounts which might be owing as provided for herein In the event that you are made a party to any litigation with respect to the property held by you hereunder, or in the event that the conditions of this escrow are not promptly fulfilled or that you are required to render any services not provided for in these instructions, or that there is any assignment of the interests of this escrow or any modification hereof, you shall be entitled to reasonable compensation for such extraordinary services from the Contractor and reimbursement from the Contractor for all costs and expenses, including attorney fees occasioned by such default, delay, controversy or litigation 6 Should you at any time and for any reason desire to be relieved of your obligations as escrow holder hereunder, you shall give written notice to the Agency and Contractor The Agency and Contractor shall, within 20 days of the receipt of such notice, jointly appoint a successor escrow holder and instruct you to deliver all the securities and funds held hereunder to said successor If you are not notified of the appointment of the successor escrow holder within 20 days, you may return the subject matter hereof to the Agency and upon so doing, it absolves you from all further charges and obligations in connection with this escrow 7 This agreement shall not be binding until executed by the Contractor and the Agency and accepted by you 8 This instrument contains the entire agreement between you, the Contractor and the Agency with respect to this escrow and you are not a party to nor bound by any instrument or agreement other than this, you shall not be required to take notice of any default or any other matter, nor be bound by nor required to give notice or demand, nor required to take any action whatever except as herein expressly provided, you shall not be liable for any loss or damage not caused by your own negligence or willful misconduct 9 The foregoing provisions shall be binding upon the assigns, successors, personal representatives and heirs of the parties hereto The undersigned have read and hereby approve the ins ;ructions as given above governing the administration of the escrow and do hereby execute this agreement on this 43 ' day of f� , 2011 Contractor S �� Authorizeature Address ��`� Th is above escrow instructions received and accepted this day of , 20_ f- �h�u (Bank or Trust Company) (Agen :3 o7 9 7o S 7 By /' - ,!'S Numb By J� (Authorized Signature) (Title) 6 A & scgi6e 44ane a , Gam. '940,0c (Tn1e) (Address) I Contract Number 5027 Vendor. SERPANOK Subject. Park Plaza Garage - Alley Modification Department Econ Devel File Class LEG 12 -1 Begin Date. 6/1/2011 End Date 6/1/2011 Review Date 6/1/2012 Vault Date Comments Change Order #1 8/31/11; Change Order #2 3/28/12; Change Order #3 1/24/13 I i I I i I TM f Document G701 - 2001 Change Order PROJECT (Name and address) CHANGE ORDER NUMBER OWNER [}� Park Ave Alley Project DATE January 24,2013 ARCHITECT f� Burwell and Park Avenue CONTRACTOR IA TO CONTRACTOR (Name and address) ARCHITECT'S PROJECT NUMBER FIELD ❑ Serpanok Construction, Inc CONTRACT DATE OTHER F- 4519 South Orchard Street Tacoma, WA 98466 CONTRACTFOR The Contract is changed as follows (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) PR # 3 - Credit to resolve Tax Payment Amount: ( $ 110.91 ) The original (Contract Sum) (Guaranteed Maximum Price) was $ 24, 500.00 The net change by previously authorized Change Orders $ 25,440-68 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was $ 49,940 The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Order in the amount of $ 11 Al 1 The new (Contract Sum) (Guaranteed Maximum Price), including this Change Order, will be $ 49, The Contract Time will be (increased) (decreased) (unchanged) by ( ) days The date of Substantial Completion as of the date of this Change Order, therefore, is NOTE This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER �'3t1l o-€ Bremerton ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name) 4519 South Orchard Street 345 6th St., Ste 600 ADDRESS AIMMU WA 98377 L u nr BY (Signature) (Sig at ) BY (Sig crtt7 e) r�>a Lj mr M A o (Typed name) (Type na e) (Typed name) z 3 DATE DATE DATE CAUTION You should sign an original AIA Contract Document, on which this text appears in RED An original assures that changes will not be obscured AIA Document G701 TM — 2001 Copyright ©1979 1987, 2000 and 2001 by The American Institute of Architects All rights reserved WARNING This AIA Document is protected by U S Copyright Law and International Treaties Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law Purchasers are permitted to reproduce ten (10) copies of this document when completed To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects legal counsel, copyright @aia org 102609 i: AI A � TM Document G701- 2001 Instructions Change Order - -- -- - GENERAL INFORMATION Purpose - -- AIA Document G701 is for implementing changes in the Work agreed to by the Owner, Contractor and Architect - - Execution of a completed G701 indicates agreement upon all the terms of the change, including any changes in the Contract (or Guaranteed Maximum Price) and Contract Time I � Use of Current Documents Prior to usmg'any AIA Contract Document, users should consult www aia org or a local AIA component to verify the most recent edition r , Reproductions ; j This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the AIA There is no implied permission to reproduce this document, nor does membership in The American Institute of Architects confer any further rights to reproduce this document grants the purchaser a limited license to reproduce a maximum of ten copies of a completed The AIA hereby G701, but only for use in connection with a particular project The AIA will not permit reproduction outside of the limited license for reproduction granted above, except upon written request and receipt of written permission from the AIA ' Rights to reproduce the document may vary for users of AIA software Licensed AIA software users should consult the End User License,Agreement (EULA) ✓ f To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia'org COMPLETING G701 - 2001 Description of Change in the Contract Insert a detailed description of the change or reference specific exhibits describing, in detail, the change to be _ made in the Contract by,this Change Order Include any drawings, - specifications, documents or other supporting data to clarify the scope`of the change Determination of Costs Insert in the blanks provided,_or strike out the terms in parentheses that do not apply, the original Contract Sum or Guaranteed Maximum - Price, the net change by previously authorized Change Order (note that this does not 3 include changes authorized by Construction Change Directive unless such changes were subsequently agreed to ' -2 r by the Contractor and recorded as a Change Order), the Contract Sum or Guaranteed Maximum Price prior to this r Change Order, the amount of increase or decrease, if any, in the Contract Sum or Guaranteed Maximum Price, and the new Contract Sum or Guaranteed Maximum Price as adjusted by this Change Order Change in Contract Time 0 ' - Insert in the blanks provided, and strike out the unused terms in parentheses, the amount (in days) of the increase CL �a N or decrease, if any in the Contract Time Also insert the date of Substantial Completion, including any adjustment ° effected by his Change Order o EXECUTING THE DOCUMENT U When the Owner and Contractor, in occurrence with the Architect, have reached agreement on the change to be - > made in the Contract, =including any adjustments in the Contract Sum (or Guaranteed Maximum Price) and aD Contract Tiine, 6 761 should be executed in triplicate by the'two parties and the Architect, each retaining an C original 0 0 2 AIA Document G701 — 2001 Copyright © 1979 1987 2000, and 2001 by The American Institute of Architects All rights reserved WARNING This CL AIA Document is protected by US Copyright Law and International Treaties Unauthorized reproduction or distribution of this AIA Document, ° L or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law T Purchasers are permitted to reproduce ten (10) copies of this document when completed To report copyright violations of AIA Contract Documents e-mail I The American Institute of Architects legal counsel, copyright @aia org 102609 CONTRACT CHANGE PRICING SHEET Project P Aw Amy Modificaunna Contract No Proposal No 3 Description Taxable Material Receipts Labor rate this shat Pwvmlm Date 141m 13 Labor Material Tax Rental Equipment Subwntract hem Rein"'Dc turn Umt U C Amount Unn Cost Amount Unit Cost Amount Amount Total Deem Costa Material Receipts and taxable amounts Invoice Taxable Matenal Receipts Number Scotts Galvanizing 88635 36920 Amount 0 086 3175 $ 3175 United Pipe 8708789 3905 Amount 0 086 336 $ 336 United Pipe 8708788 23347 Amount 0 086 2008 $ 2008 United Pipe 8708787 29814 Amount 0 086 2564 $ 2564 United Pipe 8708779 1,05232 Amount 0 086 9050 $ 9050 White Cap 5060992567 8800 Amount 0 086 757 $ 757 Port Orchard Sand & Gravel 76079 55139 Amount 0 086 4742 $ 4742 Port Orchard Sand & Gravel 76114 76883 Amount 0 086 66 12 $ 6612 Port Orchard Sand & Gravel 76139 827 19 Amount 0 086 7114 $ 7114 Pacific Welding 01022751 13800 Amount 0 086 1187 $ 1187 Pacific Welding 01021295 10855 Amount 0 086 934 $ 934 Miles Sand & Gravel 746476 63000 Amount 0 086 54 18 $ 54 18 Miles Sand & Gravel 774983 16000 Amount 0 086 13 76 $ 13 76 Kitsap Ready Mix 102157 3 814 50 Amount 0 086 32805 $ 32805 Kits ip Ready Mix 101941 4,31250 Amount 0 086 37088 $ 37088 Kitsap Ready Mix 101901 2 250 00 Amount 0 086 19350 $ 19350 Kitsap Ready Mix 101576 3,68350 Amount 0 086 31678 $ 31678 Northwest Steel & Pipe 733595 18926 Amount 0 086 1628 $ 1628 Northwest Steel & Pipe 737897 2 910 10 Amount 0 086 25027 $ 25027 Northwest Steel & Pipe 732425 55785 Amount 0 086 4798 $ 4798 Northwest Steel & Pipe 733541 1,92818 Amount 0 086 16582 $ 16582 Northwest Steel & Pipe 728909 24598 Amount 0 086 21 15 $ 2115 Total Receipts $ 25 15601 Deduct Tax Amount Paid $ (2 274 33) $ (2,274 33) Subtotals 2 16342 $ (110 91) Indirect Costs Supervision (2% of Cost) Safety (2% of Direct Labor) Travel Allowance Misc Supplies (3% of Direct Labor) Change Order Preparation Subtotals Subtotals Subtotals 2 16342 $ (110 91) Base Rate Overhead &Profit (110 91) Insurance/Performance/Payment Bond Total $ (11091) V VUMK H01 UIP DELIVERY RECEIPT uuA r GALVANIZING SIN C E 19962 62 Ag SCOTT GALVANIZING CO., INC. a 1520 N.W Leary Way ON (206) 783.3100 Seattle, WA 98107 TERMS NET 30 Fx (2os) 7 3101 Customer's Date Order No Name e '5e F Address SOLQ BY CASH CHARGE I ON AC MoSe REM PAID OUT • • PRiCE ANIO � I - - - rJ/ I i L try , I i An daltrts ttu daldclive ga►varuring, sttcnages or other matters must be PreserW In writing to I . set{er widtiri ten �tD) days attar ate dale the galvanaed materials are ehpW and in * event np cl i t ase thus prgsented, ftl shah be wwved Notw,thstandmg tho Ioragotrtg swttort¢e la1 on ad shrpmenl& Buyerdows sonar to make tea Place other than Buyers plant. J3uyor shah utSped die galvanizing m sakwt want, and I auure to do so shall eonotute an umuartflsd waiver by Buyer of any def"U in such galww 9, and (b) on an sh4 moots -maade by saner to 6 yerls t'riartt Buyees use or rastipmem of ft gaivarttzed notarial shalt oo"rtuta an unqualified wahrer by Buyer of arty defacts to the gakrarUOV ItWee in pie event that qhhw Buyer or Soller shop tnsntute suh td entovice any rights hereunder the, suaesstuf party to be attuned to court costs and n:asorlaw stoat" fees Alt dWtki ant tuMed Bond ST bo AcOO n >ttls TAX ( i Rem 88635 8Wed r ` •r TOTAL BUSINESS FOR W MS PLUS - irtRKIAND, ASW83-3M �1:67a57 etaG t s t INV INVOICE DATE INVOICE N0. 1 _ REMIT TO: BRANCH ACCOUNT NO 00 wluha D PIPE 253 - 272 -8445 P.O. BOX 6326 ! PORTLAND, OR 97228-6326 ! SOLO TO SHIP TO SERPANOK CONSTRUCTION INC OPEN ACCOUNT Fho.2M.S14 TACOMA BRANCH SERPANOK CONSTRUCTION INC 1114 SO 30TH STREET 4519 S ORCHARD ST TACOMA, WA 98409 TACOMA WA 98466 -6621 Pane I of I OATS ORDERED RESHIPPED SHIPPED VIA ORDERED BY PO NO ,JOB IN JOB NO OPEN OPEN I i ffEM DESCRIPTION OW MM OTY SNIPPED Ott 8+0 UNIT PRICE DISCOUNT AMOUNT 1 1 r 01 19 5570 11EAi 1956 1 031591 6" HXHXH 03034 WYE 9 9630 EA 996 { 031596 t 6" HXH D3034 45 ELL 1 1 0 900006 } FREIGHT OUT 1 i 1 0 9 5300 fEA� 9 53 f � i E l } E t WOULD YOU LIKE TO RECEIVE YOUR INVOICES BY FAX OR I EMAIL RATHER AN BY REGULAR MAIL? IF SO, PLEASE CONTACT OUR CREDIT DEPARTMENT AT _ 8 OTHER CHARGES 7 319 If Paid B 07/10/1 i 39 05 000 1 00 Y =` TEWS & CONDITIONS ON REVERSE SIDE Fiat 2M 5014 NVOICE INVOICE DATE INVOICE NO. REMIT TO: 6/30111 8708788 wRw PIPE 253 - 272 -8445 P.O. BOX 6326 BRANCH ACCOUNT NO ''ear PORTLAND, OR 97228- 6326 23 238691 i 480 solo To SHIP TO SERPANOK CONSTRUCTION INC OPEN ACCOUNT Fkd. 2M-S013 TACOMA BRANCH SERPANOK CONSTRUCTION INC 1114 SO 30TH STREET 4519 S ORCHARD ST TACOMA, WA 98409 TACOMA WA 98466 -6621 Page 1 of 1 JOB NAME JOB NO DATE ORDERED DATE SHIPPED SHIPPED VIA ORDERED BY CUSTOMER PO NO S 6128111 ' 6/28111 1 UPS GROUND DANIEL PARK AVE ALLEY I OPEN } OPEN ITEM DESCRIPTION DTM ow yilm pTM glp UNIT PRICE JPEN DISCOUNT AMOUNT t 1 1� of 102 1635 EA 10216 012121 t 12" GASKETED D3034 CAP i 11684 012181 ` 12X6" SPXG D3034 REDUCER 1 1 01 116 8425 EA I` l t s � t i 1 t � i � I I I I WOULD YOU LIKE TO REdEIVE YOOR INVO16ESSB FAX OR EMAIL RATHER THAN BY REGULAR MAIL? I IF SO, PLEASE CONTACTI OUR CR DIT DEPARTMENT AT es f ' TERMS SUEAT TAL AX CODE OTHER CHARGES 2% 10TH 21900 0 123 1324 if Paid By 07/10/11 233 47 NET 30 DAYS i H You Owe 22909 TEAMS 8 CONDITIONS ON REVERSE SIDE No 116LIREV 2'091 FIa1 2975 5013 INVOICE INVOICE OATS I NVOICE NO. REMIT TO: D PIPE 253 - 272 -8445 p O. BOX 6326 INCH accourrr NO anu warm PORTLAND, OR 97228 -6326 SOLD TO SHIP TO 23 238691 480 SERPANOK CONSTRUCTION INC FIM -21KI5 5012 OPEN ACCOUNT SERPANOK CONSTRUCTION INC TACOMA BRANCH 4519 S ORCHARD ST 1114 SO 30TH STREET TACOMA WA 98466 -6621 TACOMA, WA 98409 0�7E ORDERED DATE SHIPPED SHIPPED VIA ORpEpEp BY Pa e 1 of 1 _ CUSTOMER PO NO J08 NAME J68 NO _ o k JES GROUND L 0 p E i DESCRIPTION Ty I My GIN 99 UNIT PRICE WCOUNT - ITEM AMOUNT 0 012257 1 12' GXGXG D3034 WYE 1 1 1 t 1 298 1430 IEA 29814 i s 4 � i 1 t i 1 t t I WOULD YOU LIKE TO RECEIVE YOVR INVOICES BY FAX OR EMAIL RATHER TkAN BY REGULAR MAIL? IF SO. PLEASE CONTACT OUR C*DIT DEPARTMENT AT y - S OTHER CHARGES 298 14 000 00 If Paid By 07/10/11 29814 TERMS 8 CONDITIONS ON REVERSE SIDE Flat 2835 So 12 i I 1 INVOICE INVOICE DATE I INVOICE NO F� REMIT TO: 6/30/11 8708779 ,'ITED PIPE 253- 272 -8445 P.O. BOX 6326 BRANCH ACCOUNT No 100 iMFJ PORTLAND. OR 97228 -6326 23 1 238691 480 SOLD TO SHIP TO CUSTOMER PICKUP 1114 S 30TH ST Flai Z= 5011 TACOMA, WA 98409 SERPANOK CONSTRUCTION INC 4519 S ORCHARD ST TACOMA WA 98466 -6621 Page 1 of 1 DATE ORDERED DATE SHIPPED SHIPPED VIA ORDERED BY CUSTOMER PO NO JOB NAME JOB NO 6/28/11 6/28/11 } HERE COUNTER DANIEL PARK AVE ALLEY ! OPEN ! OPEN ITEM DESCRIPTIO Ott WWO 01Y % PM 077 BID UNIT PRICE DISCOUNT AMOUNT 117647 > 12X14' SDR35 PVC SEWER PIPE { 70 70 0 1,052 5477 iC 73678 011124 4X10' D2729 SOLID DRAIN PIPE 30 30 0 64 8524 IC 1946 011125 6X10' D2729 SOLID DRAIN PIPE } 20 20 0 129 2306 I C { 2585 012276 4' HXHXH D3034 WYE t 1 i 1 0 4 6080 EAJ 461 012271 4' HXH D3034 45-ELL I 3 3 0 2 4480 EA 734 012107 i 4' MANHOLE ADAPTER 1 1 0 131300 EAJ 1313 012111 12" MANHOLE ADAPTER 1 1 0 74 2095 EA! 7421 013593 i #900 9X9' NDS DBL CATCH BASIN 2 2 0 11 19WEAJ 2239 038322 #1245 03 NDS OFFSET HUB OUT ' 2 2 01 3 1280 (EA i ` i 626 i 013679 #1206 NDS BASIN PLUG 2 2 0! 2 3400 iEAi 468 031137 #980 9X9' NDS BLACK GRATE 2 2 0 14 4600 EAl { 2892 1 012109 ' 8' MANHOLE ADAPTER 2 2 0 27 6100 �EAI 5522 1062201 M1007DT LOCKING CIO VRAME/CVR 1 1 0 53 4700 JEAI 5347 i F j 1 1 ( � i I i I � 1 s WOULD YOU LIKE TO REOEIVE YO JR INVOICES BY FAX OR EMAIL RATHER Tj-IAN BY REGULAR MAIL? i I IF SO, PLEASE CONTACT OUR CRi DIT DEPARTMENT AT OTHER CHARGES 7 77 � IITH I If Paid B 07/10/11 *1- R a DAYS 1,052 32 000 { 00 e You Owe 103127 ' f TERMS 8 CONDITIONS ON REVERSE SIDE ! i 11 0911115/11GMT-05 Pg 00-03 � INVOICE Whits (001 A 1 BRANCH ADDRESS SWp&rL1Jff TACOMA 506092567 (253) 779 -4100 , /Va&Somm $ot W CAumhStraA Outdo FL 3'IWS -2247 3037 CENTER STREET �. TACOMA WA 98409 11!14/11 TERRITORY PNA7 - _— ..LMT"'` =i SOLD TO 340SiC00 SHIP TO HOSWH1fE CAP CONST SUPPLY DEPT 33620 P08 0X 4133928 SAN FRANCISCO, CA 94139 SERPANOK COQ T RUCTION PARK AVE GARAGE 4519 SOUTz OZC -iARD ST 300 PARK AVE TACOMA WA 9SZF6E521 BREMERTON,WA98337 _ 11114/11 506 465 DANIEL MIKE NIKSICH KNUTT Z- 506 39 051002 -~ NET 30DAYS Y O WILL CALL 5GAL HYDROCiDE 7008 ASPHALT EMULSION y 2 44 00 PAL 2 88 OON GO PAPERLESS WITH INVOICE GATEWAY You can now vfew and pay your Dills online with Whde Cap s new Invoice Gateway Search for Invoices from the past year and download invoice data directly into your accountmg system (such as OurckBookso) Get setup today by going to www whitecap com Cock m the REGISTER luck and complete the New User Form Once you have completed repstretlon call 1- 800 - WHITECAP to get your account(S) linked to your whitecap com user ID and then log on and lock for the Invoice Gateway link e Already have a Whitecap com user ID Log on today and look for the Invoice Gateway ft PLEASE BE ADVISED THAT, EFFECTIVE MAY 1200% INVOICES THAT ARE PAST DUE WILL ACCRUE A SERVICE CHARGE OF 15% PER MOUTH UNTIL PAID. For questions regarding this Invoice please cell 1-800-WHITECAP (1.804944-8322) TOTAL GROSS 8800 NO REFUNDS OR EXCHANGES ON NON STOCK MERCHANDISE TOTAL TAX Visit hitp /A hItecap ccoW /temu_an0 cand8fa►s pdf to view complete terms and caWdtons TOTAL SHIPPING 0 HANDLING RECEIVED BY TARAS SIGNATURE COPY ON FILE T ` ' H 00 Plad`'`S,e;1nel� c °4 t =1G. ^t "r! 2iR -•!+!^ � f } Cam!'" ROO .� a 10 e d ,l�qt the? j ufti�ls:mvol Page 1 of 1 --- R T ,f'C r _$EI A I � E INVOICE SAND & GRAVEL CO ., I NC. CUSTOMER NO DATE INVOICE NO PAGE PO BOX 130 AUBURN, WASHINGTON 98071 -0130 (360) 479 -4626 (206)682.6349 SI,RPANOK CONSTRUCTION INC -1519 S ORCHARD ST 'TACOMA, WA 98466 -6621 OgTE JOB NUMBER - JOB LOCATION - ADDRESS PRICE P� TAX TOTAL TIC GARAG QESCRIPTION 11/01 501 - 155407 17 ';4 TN PIT RUN 6 250 109 6i it /0i 301- 155414 1'..10 TN PTT RUN 6.250 106 88 11/07 501 155416 17 12 TN PIT RUN 6.250 107 00 11/07 501- 155421 18.32 TN PTT RUN 6 250 114 50 11101 501 - 155424 18.14 TN PIT RUN 6 250 113 38 JOB TOTAL LINE 551 39 AMOUNT DUE ► 1 i a - H 0 ' INVOICE SAND & GRAVEL CO., INC. CUSTOMER NO DATE INVOICE NO PAGE Po BOX 130 AUBURN, WASHINGTON 98071 -0130 2 (3660) 4794628 (206) 682 -6349 SERPANOK CONSTRUCTION INC 4519 S ORCHARD ST I'ACOMA, WA 98466 -6621 DATE I JOB NUMBER - JOB LOCATION - ADDRESS PRICE PER TAX TOTAL TICKET NO 1 ESCRIPTION 11/08 501 - 155425 17.42 TN PIT RUN 6 250 108 88 11/08 501- 155428 17.52 TN PIT RUN 6.250 109 50 11/08 5G1- 155429 17.87 TN PIT RUN 6.250 111 69 11/08 501- 155431 17 44 TN PIT RUN 6.250 109 00 11/08 501- 155432 17 96 TN PIT RUN 6.250 112 25 11/08 501 - 155433 17 30 TN PIT RUN 6.250 108 13 11/08 501- 155434 17 50 TN PIT RUN 6 250 109 38 JOB TOTAL LINE 768 83 AMOUNT DUE ► 768 83 I i --- '' ' 7 -)-r CERC ET . D INVOICE SAND & GRAVEL CO., INC. CUSTOMER NO DATE INVOICE NO PAGE PO BOX 130 2 AUBURN, WASHINGTON 98071.0130 11/09/2011 16139 1 (360) 479 -4626 (206) 682.6349 SERPANOK CONSTRUCTION INC 4519 S ORCHARD ST TACOMA, WA 98466 -6621 DATE JOB NUMBER - JOB LOCATION - ADDRESS TICK r nflAhrrrrW DESCRIPTION PRICE TAX TOTAL 11/09 5G1- 155435 17 33 TN PIT RUN 6.250 108 32 11/09 501- 155436 19 00 TN PIT RUN 6.250 118 75 11/09 501- 155437 16 55 TN PIT RUN 6 250 103.411 11/09 501- 155438 16 71 TN PIT RUN 6 250 104 44 11/09 501- 155439 16.39 TN PIT RUN 6 250 102 41 11/09 501 - 155441 14 -89 TN PIT RUN 6 250 93 06 11/09 501- 155442 15.96 TN PIT RUN 6 250 99 75 111/09 501 155443 15 52 TN PIT RUN 6.250 97 00 JOB TOTAL LINE 82/ 1, [AMOUNT DUE ► 827 19 i ORIGINAL INVOICE OUA TO 1:SIJAC PROPER CREDIT � 10/13/11 1 09484 01022751 �rv�r�v w elding SUPPUBs uc PLEASE h1AKE CHECKS PAYABLE TO www.paciflemicUng.com 800.464 -5302 Pacific Welding Supplies LLC PO Box 111240 Tacoma WA 98411 -1240 (800) 464 -5302 FAX -(253) 572 -5311 p F SERPANOR CONST INC- H SERPANOK CONST INC- A 4519 S ORCHARD ST IP 4519 S ORCHARD ST TACOMA WA 98466 TACOMA WA 98466 T T O O ORDER NUMBER CUSTOMER ORDER NUIrGER LOC StS a i8w SHIP V W TEAMS PAGE 0068703n - 003 143 240 WILL CALL NET 30 DAYS FS. 1 ITEM yCr� eCIT DESCRIPTION o UNIT AMOUNT m PRICE r i •' Location- 3 •• 1 68703 012 S71TGS03510 20 0 035X10 71T -GS WIRE LIB 6 90 138 00 i t Subtotal 138.00 r Cash /Dep Received 0 00 E r 1 1 t 1 f i i r r i i r i i t i i i I i i 1 t t i r I t r 1 r r S A i 1 i 1 i TAXABLE AMOUNT • 0 00 • 138 00 f ` ORIGINAL INVOICE ° ��,C'A 10/03/1 09484 01021295 � AT, F • w eldrng sins L • AND NlAILTO www4pacMcm1d1ng.c= 800- 484 -5302 Pa cific Welding Supplies LLC PO Box 111240 Tacoma WA 98411 -1240 (800) 464 -5302 FAX (253) 572 -5311 p r SERPANOK CONST INC- H SERPANOK CONST INC- A 4519 S ORCHARD ST P 4519 S ORCHARD ST TACOMA WA 98466 TACOMA WA 98466 T T O O ORDER NUMBER CUSTOMER ORDER Nl� LAC SLS • TERA • SIP W► TERMS PAGE _ 0684702 -OQ _ 003 143 240 W TT•i• CALL NE'P 30 DAYS 1 • U UNIT ITEM SNPID MO DESCRIPTION m PRICE AMOUNT r! � (•* Location- 3 *• 68470210'0 1TGS03502 4 035X2 71T -GS WIRE LB 9 325 37 30 684702 003 7S71TGS03510 10 0 035X10 71T -GS WIRE LB 7.125 71 25 Subtotal 108 55 Cash /Dep Received 0 00 e , , r , , r r r r , , r , r i , r r r r r r r , r , r r r , r , , , , r r , r i TAXABLE AMOUNT • 0 00 • 108 55 I 1 MOICE fist � 1. f or 4031"BtR --,JOB L==N ADDRESS ;a TOTAL DATE TICKET NO I GUANT" JUNIT I DESCPJPTION 000001 PICK UP 25-000 350-00 06/30 223-80962 14.00 EA ECOL BLK 2X2X6 06/30 223-80963 14.00 EA ECOL'BLK 2X2X6 20-000 280 00 JOB TOTAL LINE 630 00 PRODUCT RECAP 14 00 6710 ECOL BLK 2X2X6 14.00 6710 ECOL BLK 2X2X6 AMOUNT DUE ;T630 00 i INVOICE As -1 SAND AND GRAVEL COMPANY .o/ CUSTOMER NO. DATE I CE NO. PEE VALLEY AVE NE • PUYALLUP, WA 48372 -2516 - (253) 833 -3705 wxnv MffesSandandGmviA com 050280 11 / 0 8/ 2 011 774983 1 .AEiF tEolmsG sMA1tf1UWaCFD>a>, SMAOKMMOM ACOMP MASeW .00-40=04 thi Wwo4m=C& Km&p artb tkm%Lm&uWcm m8 "Im SERPANOK CONSTRUCTION, INC. 4519 SOUTH ORCHARD ST TACOMA, WA 98466 JOB NUMBER -JOB LOCAMN - ADDRESS Po DATE TICKETNO. QUANTITY UNIT DESCRIPTION PRICE TAX TOTAL 000001 PICK UP 11/08 223 -80982 8.00 EA ECOL BLK 2X2X6 20.000 160.00 JOB TOTAL LINE 160.00 PRODUCT RECAP 8.00 6710 ECOL BLK 2X2X6 AMOW,TDUE D 160 00 I 1 { I ' I #' ". r TO ASSURE P��330p CRR T P EASE RETURN t� P 0 BOX 698 REMITTANCE Ct�PY U fH�PAYMENT TO, POULS80, WA 98370 PHONE 360. 674-3154 TOLL FREE 1- 800-080 -3286 Kltsap Ready Mix P. O Box 52218 Kitsap Ready Mix, Inc. Newark, NJ 07101 -0220 VOICE INV DATE INV NO CRM NO PAGE ��PP«rltJh �On(STRIJC t tCIiJ, t1aL . 09/14/11 102157 1 .1519 SOUTH ORCHARD STIIEEI TACOMA WA 38466 cUs NO PROJ NO ORD NO 56 PART (PLAZA 39 'OEUVEW ADDRESS LOT / SLK ZONE WO I PO NUMBER CUS JOB NO } PAR AVE OPEMERTON 190 e n DATE I OUANTRY I UOM DESCAIPTiON UNIT PAC TX EXT pRC 09-14 9.00 cv M4060 4000 PSI -6 SR 44128 4 59.80 535.50 119/14 20.00 E423 4" EXPANSION .7T 441r_C -t 3.30 66.00 09/1., 9.00 cv M4060 4000 PSI - SK 4412'`+ t 59.50 135.50 OQ/ 14 9.00 c / M4060 4000 PSI --6 SF, (14 1 113 4 59. 50 ` 5. 50 �7 099 14 .i. 00 C M4 0bO 411100 PSI -i, SK 44 t e•1 t 59 50 535. 09/14 3.00 Cv M4060 4000 P51-6 SP 4413 4 5'4.50 535.50 0 14 9 1 00 -Y M 4000 I -IS 1 6 Sig 44 1 i ► �?. 50 5.x5. 50 09, i 4 9. 0Gi j_ y M4060 4000 Psi 6 SK 441 - ^S 4 ;`T. W c 50 SUBTOTAL #3, 814.50 SALES TAX $.00 AMOUNT— N et Cy FINANCE CHARGE OF Vh'. PERMONTH 811. PER ANNUM) ONA LL _ TAX INCLUDED IF ANY J BOX 698 TASSURE uni m WIT�i PAYM M ro RN POULSSO, WA 98370 PHONE 36067 FREE 1-800- 480.3286 Kttsap Ready Mix P U. Box 52218 ltsap Ready Mix, Inc. Newark, NJ 07101 -0220 IVOICE 4 c INV GATE INV NO CRM NO PAGE 'A- RRnfl0l' t=ONSTPUr lOW, 1N(-. 08/17 1 t 101961 l • -+ ;19 SOUTH ORCHARD � TRFE r T ACJMA WA 98466 CUS NO PROJ NO 080 5f PAPKPLAZA 26 DELIVERY ADDRESS LOT 1 ev ZONE NQ PO' NUMSER CUS JOB NO DARK AVE PREMER i Ord I Rio BATE QVAWM u0M I PF="jGT I UNIT PRC JTX I EV PqC 08 /1;' 6.00 cy M4065 4000 PSI 6.5 20712 2 62.50 375.00 Wg11' 9. IN rm M406c` 400@ PSI 6 5 43346 1 + 62.50 `G2.50 100 17 'j.00 [ f M4065 4@00 PSI G. 1 43'47 It r C W 5rl 2. 1 ) 0 08 1 9.00 r y M4065 4000 PSI r.. `; -+ a 35.0 50 562.50 Ot" I" ?.0th ..v m'gor.; 41100 PSI 4 0 56Z. 50 08. 9 Q0 ry *4017 4000 p tit 6.5 43 ++ 62. 1- 0 0 50 1 7.00 ! v 1440(,5 4000 PSI 6. 5 4 3-,55 C� . i cll be„ 50 trA11 9.150 r_v N40F`: tookl4t PST E `t 1s5C, t tZ.`io 5F,. 50 a ` SUBTOTAL. SALES TAX 1.00 :RMS °unlvrm PAY Tf11S AMOUNT Net 304 69.064 L v FINANCE CHARGE OF 1 6% PER ANNUM) CHARGED ONALL AST OUE ACCOUNTS. TAX INCLUDED IF ANY TO ASSURE PRQPER CREDrr PLEASE RETURN REAAtTTANCE f.`OPY WITH PAYMENT TO ., OVA 98370 0-67 TOL FREE 1- 800-480.3286 Kltsap Ready MI X P o BOX 5"218 . R , , '' p Inc. Newark, NJ 07101 -0220 (VOICE INV PAM INV NO CRM NO PAGE �.L�aarariK CONCMICTIOV, W. 0e/10/1 1 @! X31 t s ;519 SOUTH ORCHARD STRECi TACOMA WA 98 CU$ NO PROD NO ORD NO 1 5691 PAPVPLFI?A 3+ DELIVERYADORESS Lidl`lmx WNENd I PO NUMBER CUSJOBNO PARK AVE BREMERTON 190 DATE GUAM fTY UOM PRODUCT' _ DESCRIPTION UNIT PRC lTX'l EXT PRC 08 9.00 Cv 114065 4400 PSI 6.5 43210 4 62.50 562 50 08/ 9, 00 Cv M4@ 4000 PA I G. 5 4 ! 4 E c 50 56 5 213 10 9 00 r>v M4065 4000 F'S I 6. `; v 14 4 CIP 1 50 61?. 50 k'6' 10 9 00 Cv 114005 4000 P91 6. ~ 4 S' i t 50 5t Z. 50 SURTO r ILL tc, :50.00 SALES TAX x,00 PA Cy 15% PER ANNUM) CHARGED Chi ALL r 1 q TAX INCLUDED IF ANY Sli DUE ACCOUNTS. Box 698 �i�� TO v g N 1 ,JUL5BO, WA 98370 PHONE 360 -674 TOLL FREE 1- 800 - 480.3286 Kitsap Ready Mix, Inc. P.O. Box 698 Kbap Ready Mix, Inc. Pouisbo, WA 98370 (VOICE t INV PATE tW NQ 04M NO PAGE SERPANOK CONSTRUCTiOW, INC. 5 4519 SOUTH ORCHARD STREET TACOMA WA 98466 dus mo PROJ NO ORD N¢ e DEUVW ADORES 1= /91K ?ONE N® P.O NUMBER T CW J08 NO DATE QuANTffY u0m WftE= OESG uNITPRO T7G EXCPA4' Cy SK c .r. 07/06 9.00 Cy M4060 4000 PSI-6 SK 20631 2 59.5® 535.59 07/06 7.00 Cy M4060 4000 PS} -6 SK 20633 2 53.50 416.50 07106 9.00 Cy M4065 4000 PST 6.5 41891 4 62.50 5E2.�50 07106 9. IN Cy M40E5 4000 PSI 6.5 41892 4 62.50 562.50 @7/06 9.00 a v M4060 4000 PSI-6 SK 41893 4 ;9.50 535.50 07/06 9.00 cv M4060 4000 PSI -6 SK 41895 4 59.50 935.50 w rcm r SUBTOTAL. t3,683.50 SALES TAX 1.00 cRMS QlI/+N1�t ,�� FINANCE r4 - TAX INCLUDED IF ANY ST DUE ACCOUN7S THE FULL SERVICE STEEL WAREHOUSE INVOICE DELIVERY O RDER N O. P O Box 11247 *Tacoma, WA 98411 -0247 733595 0 5 8 0 0 2 4802 S Proctor • Tacoma, WA 98409 DAB DATE SHIPPED Northwest Steel & Pip Inc. 09/2 0 9/2 8/ 11 PURCHASE ORDER NO. RfQUiiMON NO. Tacoma Seattle All Other Areas Fax (253) 473 -8888 (206) 6226302 1-WO -326 -1328 (253) 473 -2882 COST ACCT NO ORDERED BY SOLO BY TAX 31400 IGOR KUNITSA MELODIE N SERPANOK CONSTRUCTION H SERPANOK CONSTRUCTION SPECIAL INSTRUC S 4519 S ORCHARD STREET 4519 S ORCHARD STREET T TACOMA, WA 98466 T TACOMA, WA 98466 O 0 � WILL CALL NOE ! QUANTITY rrEM DESCRIPTION BILLING PEE i AMOUNT ; 3 EA 3/8 X 4 FLAT 240" RANI LB 0.6185 1 189.26 ! t I } o t i i t i I A FINANCE CHARGE OF 1 -114% PER MONTH (ANNUAL RATE 10%) SUBTOTAL TOTAL 189.26 TERMS WILL BE CHARGED ON ALL PAST DUE ACC NET �O TAX AMOUNT 0.0 0 I ALL NO MERCHANDISE WILL BE ACCEPIW FOR CREDIT OR EXCHANGE WITHOUT PRIOR APPROVAL INVOICE 18 9.2 6 RETURNDE MERCHANDISE SUBJECT TO A HANDLING CHARGE TOTAL THE FALL SERVICE STEEL WAREHOUSE INVOICt DELNERV Otzn�t No 737897 062400 P O Box 11247 a Tacoma, WA 98411 -0247 4802 S Proctor a Tacoma, WA 98409 DATE ORDERED DATE SNIPPED Northwest Steel & Pipe, Inc. 11/30/11 11/30/11 PURCHASE ORDER NO REQUISITION NO. Tacoma Seattle All Other Areas Fax vo (253) 473 -8888 (206) 622 6302 1- 800 - 326 -1328 (253) 473 -2882 ORDERED By SOLD BY TAX COST, ACCT No 31400 DANIEL DON N 0 SERPANOK CONSTRUCTION H SERPANOK CONSTRUCTION SPECIAL INSTRUCTIONS 4519 S ORCHARD STREET 4519 S ORCHARD STREET a TACOMA, WA 98466 a TACOMA, WA 98466 "Vik WILL CALL ING LINE NO. QU PANTITY ITEM DESCRIP'TION QUAANTM PRICE I AMOUNT 1 13 EA J 4 X 4 X 3/8 ANGLE DOMESTIC 240 " 2548 LB 0.5425 ! 1382 29 2 13 EA 1 2 1/2 X 2 1/2 X 1/4 ANGLE DOM 240 �� 1006 LB 0.5390 574 57 3 13 EA J 4 X 4 X 1/4 ANGLE DOMESTIC 240" 1716 LB 0.5555 953.24 ' I I 1 l � ti TE�11�I S � A FINANCE CHARGE OF 1-1/2% PER MONTH (ANNUAL RATE 10%) SUBTOTAL TOTAL 2 910.10 WILL BE CHARGED ON ALL PAST DUB AOCOUNTB Tax annoUnrr 0.00 N ET 301 NO MERCHANDISE WILL BE ACCEPTED FOR CREDITOR EXCHANGE WITHOUT PRIOR APPROVAL INVOICE 2910.10 I ALL RETURNDE MERCHANDISE SUBJECT TO A HANDLING CHARGE l TOTAL THE FULL SER VICE STEEL WAREHOUSE INVOICE D ELIVERY ORDER NO. POBox 11247 *Tacoma, WA 98411 -0247 732425 056524 4802 S Proctor • Tacoma, WA 98409 DATE ORDERED DATE SHIPPED Northwest Steel & Pipe, Inc 09/08/11 09/08 PURCHASE ORDER NO. � REQUISITION NO. Tacoma Seattle All Other Areas Fax vo (253) 473 -8888 (206) 622 6302 1-8W-326-1328 (253) 473 -2882 ORDERED BY SO By TAX COST. ACCT NO 31400 DANIEL DON N p SERPANOK CONSTRUCTION M SERPANOK CONSTRUCTION SPECIAL INSTRUCTIONS C 4519 S ORCHARD STREET P 4519 S ORCHARD STREET T TACOMA, WA 98466 T TACOMA, WA 98466 O imPv„a WILL CALL LINE i SHIPPING ITEM DESCRIPTION BILLING PRICE AMOUNT NO. ' QUANTITY QUANTITY 1 l 4 EA 5 X 5 X 5/16 ANGLE DOMESTIC 240" 824 LB 0.6770 557 85 1 4 I � I � � A FINANCE CHARGE OF 1 -M PER MONTH (ANNUAL RATE 18%) SUBTOTAL TOTAL 557.85 TERMS wLL BE CHARGED ON ALL PAST DUE ACC Tax annouNT 0. NET 30 NO MERCHANDISE WILL BE ACCEPTED FOR CREDIT OR EXCHANGE WITHOUT PRIOR APPROVAL INVOICE 557.85 ALL RETURNDE MERCHANDISE SUBJECT TO A HANDLING CHARGE TOTAL THE FULL SERVICE STEEL WAREHOUSE INVOICE DEWERY ORDER NO � P O Box 11247 *Tacoma, WA 98411 -0247 733541 0 5 7 7 6 3 4802 S Proctor *Tacoma, WA 98409 DATE ORDERED DATE SHIPPED Northwest Steel & Pipe, Inc 09/26/11 09/27/11 PURCHASE ORDER NO. REQUISITION NO. Tacoma Seattle All Other Areas Fax vo (253) 473 -8888 (206) 6226302 1. 800 -326 -1328 (253) 473 -2882 OtWEiU =D BY 80th BY TAX COST ACCT NO 31400 DANIEL DON N 0 SERPANOK CONSTRUCTION H SERPANOK CONSTRUCTION SPECIALINBTRUCTIONS L 4519 S ORCHARD STREET 1 4519 S ORCHARD STREET � TACOMA, WA 98466 T TACOMA, WA 98466 o O 6 Kp%k OUR TRUCK LINE SHIPPING i ITEM DESCRIPTION BILLING PRICE AMOUNT I f 'A A 1 3/8 X 4 FLAT DOMESTIC 240" 3570 L 3 E B 0.5085 1815.35 2 19 EA 1 3/8 HR ROUND 240" 143 LB 0.7890 + 112.83 i , J S 1 i E 1 k , A RNANCE CHARGE OF 14ft PER MONTH (ANNUAL RATE 18%) SUBTOTAL TOTAL 1928.18 TERMS WILL BE CHARGED ON ALL PAST DUE ACC TAX AMOUNT 0.00 NET 30 NO MERCHANDIS6 WILL 88 ACCEPTED FOR CREDIT OR EXCHANGE WITHOUT PRIOR APPROVAL � INVOICE 1928 18 ALL RETURNDE MERCHANDISE SUBJECT TO A HANDLING CHARGE TOTAL THE FULL SERVICE STEEL WAREHOUSE INVOICE DELIVERY. 728909 052792 P O Box 11247 *Tacoma, WA 98411 -01247 4802 S Proctor * Tacoma, WA 98409 DATE ORDERED DAYS SHIPPED Northwest Steel & Pipe, Inc. 07/18/11 07/18/11 PURCHASE ORDER NO REQUISRION NO. Tacoma Seattle All Other Areas Fax vo (253) 473 -8888 (206) 622 6302 1- 800- 326 -1328 (253) 473 -2882 ORDERED BY SOLD BY TAX COST ACCT NO 31400 DANIEL DON N 0 SERPANOK CONSTRUCTION H SERPANOK CONSTRUCTION SPECIAL INSTRUCTIONS 4519 S ORCHARD STREET P 4519 S ORCHARD STREET T TACOMA, WA 98466 T TACOMA, WA 98466 0 O WPYM WILL CALL LINE I SHIPPING REM DESCRIPTION BIWNO P� ' AUNT NO. QUANTITY QUANTITY j 1x 2 EA �4 X 4 X 3/8 ANGLE DOMESTIC 240" 392 LB 0.62751 245.98 ! i f i i ' ! i z � i F i t A FINANCE CHARGE OF 1.1/2% PER MONTH (ANNUAL RATE 18%) 8UBTOTAL TOTAL 24 5.98 TERM WILL BE CHARGED ON ALL PAST DUE ACCOUNTS TAX AMOUNT 0.00 i NET 3� , NO MERCHANDISE WILL BE ACCEPTED FOR CREDIT OR EXCHANGE WnHOUT PRIOR APPROVAL INVOICE i 245 9 8 4 ALL RETURNDE MERCHANDISE SUBJECT TO A HANDUNG CHARGE TOTAL i Contract Number: 5027 Vendor. SERPANOK Subject: Park Plaza Garage - Alley Modification Department: Econ Devel File Class: LEG 12 -1 Begin Date: 6/1/2011 End Date: 6/1/2011 Review Date: 6/1/2012 Vault Date. Comments: Change Order #1 8/31/11; Change Order #2 3/28/12 Document G701 - 2001 Change Order PROJECT (Name and address) CHANGE ORDER NUMBER ®Z OWNER Park Ave Alley Project DATE March 28, 2012 Burwell and Park Avenue ARCHITECT CONTRACTOR TO CONTRACTOR (Name and address) ARCHITECT'S PROJECT NUMBER FIELD ❑ Serpanok Construction, Inc. 4519 South Orchard Street CONTRACT DATE OTHER ❑ Tacoma, WA 98466 CONTRACT FOR The Contract is changed as follows (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) PR # 2 - Alley Changes to Walls /Vents not included in CO #1: $20,994.95 The original (Contract Sum) (Guaranteed Maximum Price) was $ 24,500-00 The net change by previously authorized Change Orders $ 4,445- 3 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was $ 28, 945.73 The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Order in the amount of $ 20, 994.95 The new (Contract Sum) (Guaranteed Maximum Price), including this Change Order, will be $ 49� 940 68 The Contract Time will be (increased) (decreased) (unchanged) by ( ) days The date of Substantial Completion as of the date of this Change Order, therefore, is NOTE This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER RD M Lnrax Partners c . City Of _Bremerton ARCHITECT (Firm name) CONTRACTOR CT (Film name) OWNER (Firm name) 101 Stuart Street, St 350 4519 South Orchard St. 345 6th St., Ste. 600 WA 98466 WA 98177 WA 98101 AD ADDRE S B ( lure) Y (Signatu a BY ignature (Ty d name yped e) (Typed name) �t D ® �Y DATE DATE DATE CAUTION You should sign an original AIA Contract Document, on which this text appears in RED An original assures that changes will not be obscured AIA Document G701 TM — 2001 Copyright @ 1979 1987, 2000 and 2001 by The American Institute of Architects All rights reserved WARNING This AIA Document is protected by U S Copyright Law and International Treaties Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law Purchasers are permitted to reproduce ten (10) copies of this document when completed To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel copyright @aia org 102609 AI A TM Document G701 - 2001 Instructions Change Order -- -__- GENERAL INFORMATION Purpose - - AIA Document G701 is for implementing changes in the Work agreed to by the Owner, Contractor and Architect - - - — Execution of a completed G701 indicates agreement upon all the terms of the change, including any changes in the Contract (or Guaranteed Maximum Price) and Contract Time I Use of Current Documents Prior to using any AIA Contract Document, users should consult www aia org or a local AIA component to verify the most recent edition Reproductions This document is a copyrighted work and may not be reproduced or excerpted from without the express written f 'permission of the AIA There is no implied permission to reproduce this document, nor does membership in The American Institute of Architects confer any further rights to reproduce this document The AIA hereby grants the purchaser a limited license to reproduce a maximum of ten copies of a completed G701, only for use in connection with a particular project The AIA will not permit reproduction outside of the limited license for reproduction granted above, except upon written request and receipt of written permission from 1 the AIA i \ ' Rights to reproduce the document may vary for users of AIA software Licensed AIA software users should consult the End User License Agreement (EULA) To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copynght @aia org COMPLETING G701 , Description of Change in the Contract Insert a detailed description of the change or reference specific exhibits describing, in detail, the change to be Y _ made in the Contract bythis Change Order Include any drawings, specifications, documents or other supporting data to clarify the scope of the change Determination of Costs Insert in the blanks provided, or strike out the terms in parentheses that do not apply, the original Contract Sum or o' Guaranteed Maximum Price, the net change by previously authorized Change Order (note that this does not i o - include changes authorized by Construction Change Directive unless such changes were subsequently agreed to by the Contractor and recorded as a Change Order), the Contract Sum or Guaranteed Maximum Price prior to this Change Order, the amount of increase or decrease, if any, in the Contract Sum or Guaranteed Maximum Price, N and the new Contract Sum or Guaranteed Maximum Price as adjusted by this Change Order Change in Contract Time l a - Insert in the blanks provided, and strike out the unused terms in parentheses, the amount (in days) of the increase N or decrease, if any in-the Contract Time Also insert the date of Substantial Completion, including any adjustment effected by; this Change Order C EXECUTING THE DOCUMENT u v When the Owner and Contractor, in occurrence with the Architect, have reached agreement on the change to be - -� made in the Contract, iticludmg any adjustments in the Contract Sum (or Guaranteed Maximum Price) and P Contract Time, G701 should be executed in triplicate by the two parties and the Architect, each retaining an V) = original 0 0 U a AIA Document G701 TM —2001 Copyright © 1979, 1987, 2000 and 2001 by The American Institute of Architects All rights reserved WARNING This Q AIA Document is protected by U S Copyright Law and International Treaties Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law Purchasers are permitted to reproduce ten (10) copies of this document when completed To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects legal counsel copynght @aia org 102609 CONTRACT CHANGE PRICING SHEET Protect Park Ave Plaza Ailey Modifications Contract No Proposal No 2 Description Alley Changes Q Budding Vents Labor rate this sheet Prevaihng Date 25 May 11 Labor Material Rental E u,L_ t Subcontract Item Remark/Description Q Unit U C Amount Unit Cost Amount Umt Cost Amount Amount Total Direct Costs Work will require over excavation, oversized Blocks, Excavate for Area Well Vault Cast in Place Walls Excavator Billed in CO #1 (10 00) hrs 7853 (785 30 $ (785 30) Excavator 1600 hrs 7853 1,25648 $ 1,25648 Dump Truck Daily Spoils and Haul Off 1200 hrs 6050 72600 $ 72600 Operator - Truck Driver Haul Spoils /Steel 1200 hrs 6450 77400 $ 77400 Welding Pick Up Truck Daily Use 500 Daily 3504 17520 $ 17520 Operator Excavation and Backfill 1600 hrs 6945 1,11120 $ 1,11120 Ironworker Tie Steel at Walls/ Fabricate 6000 hrs 7976 4,78548 $ 4 785 48 Build 2 Sided Forms and Carpenter strip 6400 hrs 6810 4 358 40 $ 4 358 40 Deliver Forms, Set Blocks, Excavation, Backfill, Grading and Compaction, Pour Concrete and install Laborer U/G drainage 3200 hrs 5826 1,86432 $ 1,86432 Painter Paint Steel 100 LS 50000 $ 50000 Blocks Billed in CO #1 1000 EA Concrete Billed in CO #1 800 CY Sructural Steel Supply 200 100 LS 2,24000 2 240 00 $ 2 240 00 Reinforcing Steel Supply Addison Supply 1 00 LS 1,40000 140000 $ 1,40000 Subtotals 14,265 78 3,64000 50000 $ 18,405 78 Indirect Costs Supervision (2% of Cost) 368 12 $ 368 12 Safety (2% of Direct Labor) 28532 $ 28532 Travel Allowance Misc Supplies (3%ofDirect Labor) Change Order Preparation Subtotals 28532 368 12 $ 65343 Subtotals Subtotals 14,551 10 3,64000 868 12 $ 19,059 21 Base Rate Overhead & Profit 19,059 21 1 700%1 $ 1,33414 Insurance/Performance/Payment Bond 2 95% $ 60160 Total $ 20,994 95 Contract Number: 5027 Vendor: SERPANOK Subject. Park Plaza Garage - Alley Modification Department: Econ Devel File Class: LEG 12 -1 Begin Date: 6/1/2011 End Date: 6/1/2011 Review Date: 6/1/2012 Vault Date: Comments. Change Order #1 8/31/11 1A Document G701TO-2001 Change Order . PROJECT (Name and address) CHANGE ORDER NUMBER' 01 OWNER Park Avenue Alley Project DATE: August 31, 2011 ARCHITECT ❑ Burwell and Park Avenue TO CONTRACTOR (Name and address) ARCHITECT'S PROJECT NUMBER- CONTRACTOR Serpanok Construction, Inc CONTRACT DATE, FIELD ❑ 4519 S Orchard Street CONTRACT FOR: General Construction Tacoma, WA 98466 OTHER ❑ THE CONTRACT IS CHANGED AS FOLLOWS (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) PR #1- Retaining Blocks at Existing Building- $4,445 73 The original Contract Sum was $ 24,500 00 The net change by previously authorized Change Orders $ 000 The Contract Sum prior to this Change Order was $ 24,500 00 The Contract Sum will be increased by this Change Order in the amount of $ 4,44573 The new Contract Sum including this Change Order will be $ 28,945 73 The Contract Time will be increased by Zero (0) days The date of Substantial Completion as of the date of this Change Order therefore is NOTE* This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER PDMM Lorax Partners, LLC Serpanok Construction, Inc City of Bremerton ARCHIT T (Firm nam CONTRACTOR (Firm name) OWNER (Firm name) 101 Street, S t 50 4519 S Orchard S eet 345 a Street, Suite 600 Se A 9810 lAcoma, WA A n BEEM5ol WA 98337 Af% r/ ,e W DRESS ADD PP w ✓,C� BY (Signature) (Sr ) B (Sr e) yped e) (T ►a e) (Typed na e) L DATE y DATE DAT AIA Document G701 T" — 2001 Copynght ®1979, 1987, 2000 and 2001 by The American Institute of Architects All rights reserved WARNING This AIA Document is protected by U S Copyright Law and International Treaties Unauthonzed reproduction or distnbution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law This documentwas produced by AIA software at 10 34 17 on 09/15/2011 under Order No 17748252971 which expires on 04/22/2012, and is not for resale User Notes (2052026436) ff CONTRACT CHANGE PRICING SHEET Project Pack AvePlm Alley Modficauons t� V v Contract No Proposal No 1 Description Reusmoa Blocks at Eautmg Bud&* — I � V Labor rate this sheet ® Date 25 May 11 J Labor Matenai Rental SubconTmct Itcm Umt U C I Amount Und Coat I Amount Uffi Cost Amount I Amount Total Duect Costs Work will require over excavation, oversized Blocks, Excavate for Area Well Vault Cast in Place Walls Excavator 1000 its 7853 78530 $ 78530 Blocks 10 00 EA 25000 2,5o0 0o $ 2,50000 Concrete 8 00 CY 8200 65&00 $ 65600 Subtotals 78530 3,15600 $ 3,94130 Indirect Costs Supervision (2% of Cost) 7883 $ 7883 Safety (2% of Direct Labor) 1571 $ 1571 Travel Allowance lvfisc Supplies (3% of Direct Labor) Change Order Preparation Subtotals 1571 7883 $ 9453 Subtotals Subtotals 80101 3,15600 7883 $ 4,03583 Base Rate Overhead & Profit 4,03583 1 700 $ 28251 Insurance/Performance/Payment Bond 2 95% $ 12739 Total $ 4,44573 Contract Number: Vendor: Sub�ect: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 5027 SERPANOK Park Plaza Garage - A11ey Modzfication Econ Devel LEG 12 6/1/2011 6/1/2011 6/1/2012 Comments : PUBLIC WORKS AGREEMENT THIS AGREEMENT, is entered mto between the City of Bremerton, a Washington Municipal Corporation ("City"), and Serpanok Construction, Inc ("Contractor"), whose mailing address is 4519 S Orchazd Street, Tacoma, WA 98466 The parties agree as follows• 1. CONTRACTOR SERVICES. The Contractor shall perform the follovv�ng sernces for the Crty in accordance vv�th Contract Documents as listed in 13 below. Scope of Work as noted below A. Raise existing grades on west end of existing alley Provide retaming wa11s on north face of alley Provide raslmg as shown. B Raise existing manholes and provide new storm sewer lme toward east of existing alley Existing construction of garage will continue during work of this phase C Coordinahon with existmg contractor is required. Weekly meet�ng between contractors will be required. Schedule back-fill of alley only after new garage walls have been poured and cured. 2. TIME OF COMPLETION. Contractor shall complete Phase One of the work witlun twenty-five (25) calendar days from the date of issuance of the Crty's Notice to Proceed. Contractor shall complete Phase Two of the work vv�tlun fifteen (15) calendar days from the date of issuance of the Crty's Second Notice to Proceed —---- -- COMPENSATIDN. — 'I1ie City shall the Contractor the total $ (twenty four thousand and no dollazs), plus any applicable Washington State Sales Tax, for the work and services contemplated m this agreement The Contractor shall mvoice the City monthly. The City will pay for the portion of the work described in the mvoice that has been completed by the Contractor and approved by the City. The City payment shall not constitute a waiver of the City's right to final mspechon and acceptance of the project. A Performance Bond. Pursuant to Chapter 39 08 RCW, the Contractor, shall provide the Crty a performance bond for the full contract amount to be m effect until sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60 28 RCW, wluchever is later B Retaina�e The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a penod of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industnes and until settlement of any liens filed under Chapter 60 28 RCW, whichever is later. Page 1 of 7 Serpanok — Alley Mod'ifications C Defective or Unauthonzed Work. The City reserves its right to withhold payment from Contractor for any defective or unauthonzed work. D Contract Pnce Contract price consists of Base Bid of $20,000 plus Allowance for removing concrete slabs or concrete walls not documented in Conshuction Documents (calculated as follows 10 trucks at $450.00 equal $4,500). 4. INDEPENDENT CONTRACTOR Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City The Contractor shall secure at rts expense, and sha11 be responsible for all payments of income tax, social secunty, state industnal insurance compensation, unemployment compensation, and a11 other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor sha11 also secure all applicable business licenses, if required, in connection wrth the contract services, including all required licenses for Contractor's o�cers, agents, employees and sub-contractors. 5. TERMINATION. The City may terminate this agreement at the convenience of the City. 6. PREVAILING WAGES. Contractor shall file a"Statement of Intent to Pay Prevailing Wages," wrth the State of Washmgton Department of Labor & Industnes pnor to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39 12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions Davis-Bacon wage rates are to be used for this project. T'he latest prevailmg wage rate revision issued by the Department of Labor and Industries is attached. 7. CHANGES. The City may issue a wntten or oral work change directive for any change—in—the--C-ont�act- work dw�ng—the--performance—of- this—agreement.---If—the—Gontractor- - - - determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the Crty's pro�ect manager withm two (2) business days of the date the Contractor knew or should have known of the facts and events giving nse to the requested change If the City determmes that the change mcreases or decreases the Contractor's costs or tune for performance, the City v�nll make an equitable adjustment. If the Contractor disagrees v�nth the equrtable ad�ustment the Contractor must complete the change order work, however, the Contractor may elect to protest the adjustment The City will evaluate all protests, provided the procedures in tlus section are followed if the City determines that a protest is valid, the City will adjust payment for work or tune by an equitable ad�ustrnent. No adjustment vv�ll be made for an mvalid protest A. Contractor's Dutv to Complete Protested Work. In sprte of any protest, the Contractor shall proceed promptly with the work as the Crty has ordered with the retained nght to file a claim. 8. CLAIMS. The Contractor shall give wntten notice to the City of all clauns other than change orders witlun fourteen (14) calendar days of the occurrence of the events giving rise to the claims Any claim for damages, addrtional payment for any reason, or extension of tune, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claun is made in strict accordance v�nth the applicable provisions of this agreement; or, if (and only i fl no such provision is applicab�le, unless that claim is Page 2 of 7 Serpanok — Alley Modifications set forth in detail m writing and received by the City witlun seven (7) calendar days from the da.te Contractor knew, or should have known, of the facts grvmg nse to the claim FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY Contractor must, m any event, file any claim or bring any suit ansing from or connected wrth this agreement vv�thm 120 calendar days from the date the contract work is complete 9. WARRANTY. The Contractor shall correct a11 defects in workmanslup and matenals within one year from the date of the Contractor's acceptance of the Crty's final payment under this contract When defects are corrected, the wazranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the Crty The Contractor shall begm to correct any defects vv�thin seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the Crty may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the conection 10. INDEIVINIFICATION. Contractor shall defend, mdemnify and hold the Crty, its officers, officials, employees, agents and volunteers harmless from any and a11 claims, in�unes, damages, losses or surts mcluding all legal costs and attomey fees, ansing out of or m connection wrth the performance of this agreement, except for m�unes and damages caused by the City's negligence The Crty's inspection or acceptance of any of Contractor's work when completed shall not be-grounds-to-avoid-any-of-these covenants-of-indemnification- -- -- - ----- Should a court of competent junsdiction deternune that tlus agreement is sub�ect to RCW 4 24.115, then, in the event of liability for damages arising out of bodily mjury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, rts officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WANER OF IMMUNITY UNDER INDUSTRIAL INSURANCE. TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDENINIFICATION THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WANER The provisions of this section shall survive the exp�ration or terminahon of this agreement 11. INSURANCE. The Contractor shall procure and mamtam for the duration of tlus agreement, insurance agaulst clauns for injunes to persons or damage to property that may anse from or in connection with the performance of the Contract work by the Contractor, rts agenLs,, representatives, employees or subcontractors. Page 3 of 7 Serpanok — Alley ModifiraRions Before beguuung the work on the pro�ect described in tlus agreement, the Contractor shall provide a Cert�ficate of Insurance evidencing• A. Automobile Liabihtv uisurance wrth lunrts no less than $1,000,000 combined smgle lunit per accident for bodily m�ury and property damage, and B. Gommercial General Liabihtv insurance written on an occurrence basis with li�uts no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal in�ury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's liabilrty Any payment of deductible or self uisured retention shall be the sole responsibility of the Contractor. The Crty reserves the right to receive a cerhfied copy of all the reqwred msurance policies. The Crty, rts officials, employees, agents and volunteers shall be named as an additional msured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's insurance shall contam a clause statmg that coverage shall apply separately to each msured against whom claim is made or si,ut is brought, except with respects to the hmrts of the insurer's liabihTy. The Contractor's insurance shall be primary insurance as respects the Crty, and the City shall -be-given-thirty-(30)-calendar-da.ys-priar- written requested, of any cancellation, suspension or matenal change in coverage. If ttus contract requires work to be performed m or on navigable waters, the Contractor shall provide insurance wntten on an occurrence basis vv�th lunits no less than $2,000,000 combined single hrrut per occurrence and $2,000,000 aggregate for claims made under the Longshoreman and Hazbor Workers Act and the Jones Act. 12. NIISCELLANEOUS. A Nondiscriminahon In the hiruig of employees for the performance of work under tlus Agreement or any sub-contract hereunder, the Contractor, rts sub- contractors, or any person acting on behalf of such Contractor or sub- contractor shall not, by reason of race, religion, color, sex, national ongin, or the presence of any sensory, mental, physical disabilrty, or sexual onentation discriminate against any person who is qualified and available to perform the work to which the employment relates B Compliance wrth Laws Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect m the performance of this agreement Page 4 of 7 Serpanok - Alley Modifications C Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of rts employees, agents, and subcontractors in the performance of tlus agreement All work shall be done at Contractor's own risk, and Contractor sha11 be responsible for any loss of or damage to matenals, tools, or other articles used or held for use in connection v�nth the work D. Nonwa.iver of Breach. The failure of the Crty to insist upon stnct performance of any of the terms and rights contained herein, or to exercise any option herem conferred in one or more mstances, sha11 not be constructed to be a waiver or relinquishment of those terms and nghts and they shall remain in full force and effect E Governin� Law. This agreement shall be governed and construed m accordance vv�th the laws of the State of Waslungton If any dispute arises between the Crty and Contractor under any of the provisions of this agreement, resolution of that dispute sha11 be available only through the jurisdiction, venue and rules of the Kitsap County Supenor Court, Krtsap County, Washington F. Attornev's Fees. To the extent not inconsistent vv�th RCW 39 04.240, m any claim or lawsuit for damages arismg from the parties' performance of this agreement, each party shall be responsible for payment of rts own legal costs and attomey's fees incurred in defending or bringmg such claim or lawsurt; however, nothing in this subsection sha11 lunrt the City's nght to indemnification under Sechon 10 of tlus agreement. - - - — G--- Wn�ten-Notice: A��-co�n�nications-regarding-tlus-agrEement-shall be -sent--- - to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any wntten notice sha11 become effective upon dehvery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. H. Assi ent. Any assignment of tlus agreement by the Contractor without the wntten consent of the City shall be void. I Modification No waiver, alteration, or modification of any of the provisions of this agreement shall be buiding unless in wnting and signed by a duly authonzed representatrve of the City and Contractor J. Severabilitv. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validrty of the remaixnng portion of ttus agreement and the remainder shall remain m full force and effect. K. Entire Agreement. T'he wntten provisions and terms of this agreement, together vv�th any attached Exlubrts, supersede all prior verbal statements by any representative of the Crty, and those statements shall not be construed as Page 5 of 7 Serpanok - Alley Modifications forming a part of or altenng in any manner this agreement This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language m any Exlubrt to tlus agreement conflict with any language contauied in tlus agreement, the terms of this agreement shall prevail. 13. Listing of Contract Documents: A Instruchons to Bidders B. Form of Proposal C Scope of Work B General Requu�ements C. Drawuigs: CO Cover sheet, C 1 Alley Improvements Plan & Profile; C2 Details; C3 Details. D. Addendum # 1 with associated drawings and modifications 14 . Contt'act Requirements: The follovv�ng documents are hereby incorporated mto tlus Contract - A. Davis Bacon Wage Rates B Lobbying Certification C. �rmative Acfion Letter - D EDA Contracting Provisions Page 6 of 7 Serpanok —�lliey Modifications IN WITNESS WHEREOF, the parties below have executed tlus agreement � � � • � �,. " � �� i��:� . '�� ,• � - g�.., � , �:.. �_� THE CITY OF BREMERTON � Pnnt Nam L nt Trtle: Ma DATE �y� B}' Notices to be sent to: CONTRACTOR: , , . r� J , � � _ i % � ' /' ' � � i � � ' . DATE .lo ' ��'�� Notices to be sent to: CITY OF BREMERTON. Atten Gary Sexton 345 6�' Street, Surte 600 Bremerton, WA 98337 (360) 981-1025 (360) 473-5278 (facsimile) Page 7 of 7 Serpanok — Alley Modifications NOTICE O�' REQUIREM�NTS FOR AFFIRMATIV� ACTION TO ENSURE EQUAL EMPLOYMENT QPPORTUNITY (�XECUTIVC ORDER 11246 AND 41 C�R PART 60-4) The follow�ng Norice shall be included m, and shaIl be a part of all soltc�tatrons £or offers and btds on all Federal and £ederatly ass�sted construchon contracts or subcontracts in excess of $10,000 The Offeror's or B�dder's attention ►s cal3ed to the "Equal Opportumty Clause" and the "Standard Federal Equal Employment Ogportumty Construction Contract Spec�fications" set forth herem The goals and timetabies for mmor�ty and female pairticiparion, expressed m perceniage terms for the Contractor's aggregate warkforce �n each trade on alI construchon work tn the covered area, are as follows Timetables Goals for minor�ty Goals for female partic�j�,�r cach trade participation for each tradc These goals are apphcable to all the Contractor's constn�ction work (whether or not it is Federal or federatiy assisted) performed in the covered area If the contractor performs construction work �n a geagxaph�caI area located outs�de of the covered area, rt shall apply the goats establ�shed for such geographicat area where the work rs actuaily performed With regard to th�s second area, the contractor also is subject to the goals for both its federa(ly �nvolved and non federalty involved construction The Contractor's compliance wtth the Execut�ve Order and the regulations m 41 CFR Part b0-4 shal! be based on �ts implementation of the Equal Opportun�ty Clause, specific affirmative action obligations reqwred by the specifications set forth �n 41 CFR 6Q- 4 3(a), and �ts efforts to meet the goals The hours of minorfty and fetnale employznent and traanmg must be substantially uniform throughout the length of the contract, and in _ __ _ — each trade and the cantcactor sliall malce a good fa�th effort to employ m�nor��xes and women evenly on eaclx of rts pro�ects The transfer of minonty or female employees or trainees from Con�ractor to Contractor or From project to pro�ect for the sole puipose of meetmg the Contractor's goals shaIl be a v�olarion of the cantract, the Lxecut�ve Order, and the regulatFOns in 41 CFR Part 60-4. Compliance w�th the goals wiil b$ measured agatnst the total work hours performed The Contractor shall provide wr�tten not2ficat�on to the Dueetor of the Office of Federal Contract Compliance Programs wtth�n I O worlung days of awazd of any construct�on subcontract in excess of $10,000 at any taer for construction work under the contract resulting from this solic�tation. The notification shall tist the name, address and telephone number of the subcontraetor, employer identification number of the subcontracfor, estinnated dollar amount of the subcontract, estimated startmg and compiehon dates of the subcontract, and the geograph�cal area in wh�ch the subcontract fs to be perfarmed As used �n thzs Notice, and �n the coniract resulhng from th�s solic�tatton, the "covered area" is State of Washington County of Ki t sap Bremerton City of U. S. DEPAR'�MENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION �� EDA CONTRACTING PROVISIONS FOR CONSTRUCTION PROJECTS These EDA Contrachng Provisions for Construchon Pro�ects (EDA Contracnng Provisions) are intended for use by recipients receiving federal assistance from the U S Department of Commerce - Economic Development Administration (EDA) They conta.in provisions specific to EDA and other federal provisions not normally found m non-federal contract documents The requirements contamed herein must be mcorporated mto all construchon contracts and subcontracts funded wholly or in part wrth federal assistance from EDA Economic Development Adm�nistrahon Contractmg Provisions for Construction Pro�ects "�, ,,s� \ , � t-��1/ TABLE OFCONTENTS 1 2 3. 4 5 6 7 8 9 10. 11 12 13 14 15 16 17. 18 19. 20 21. 22 23 24 25 26. 27 28 Definirions Apphcabihty Federally Requ�red Contract Provisions Requued Provisions Deemed Inserted Inspection by EDA Representahves Examinat�on and Retenrion of Contractor's Records Construcrion Schedule and Penodic Estunates Contractor's Title to Matenal Inspecrion and Testing of Matenals "OR EQUAL" Clause Patent Fees and Royalties Clauns for Extra Costs Contractor's and Subcontractor's Insurance Contract Secunty Bonds Labor Standards - Davis-Bacon and Related Acts Labor Standards - Contract Work Hours and Safety Standards Act Equal Employment Opportunity ContracUng with Small, Minonty and Women's Businesses Health, Safety and Accident Prevent�on Conflict of Interest and Other Prolubited Interests New Restncrions on Lobbymg Histoncal and Archaeological Data Preservanon Clean Au� and Water Use of Lead-Based Punts on Residenhal Structures Energy Efficiency Envuonmental Reqwrements Debarment, Suspension, Inehgibihty and Voluntary Exclusions EDA Pro�ect Sign Economic Development Admmistration Contrachng Provisions for Construchon Pro�ects Agreement — The wntten uistrument that is evidence of the agreement between the Owner and the Contractor overseemg the Work. Architect/Engrneer - The person or other entrty engaged by the Recipient to perform arclutectural, engmeeruig, design, a.nd other services related to the work as provided for m the contract. Contract — The entue and integrated written agreement between the Owner and the Contractor concernuig the Work The Contract supersedes pnor negotianons, representahons, or agreements, whether wntten or oral. Contract Documents — Those rtems so designated in the Agreement. Only pnnted or hazd copies of the rtems listed m the Agreement are Contract Documents Contractor — The individual or enhty wrth whom the Owner has entered into the Agreement Drawrngs or Plans — That part of the Contract Documents prepazed or approved by the Architect/Enguieer that graphically shows the scope, extent, and character of the Work to be performed by the Contractor EDA - The Uruted States of America achng through the Economic Development Admuustration of the U.S. Department of Commerce or any other person designated to act on rts behalf. EDA has agreed to provide financial assistance to the Owner, wluch includes assistance m financing - the�Vork�o-be performed-�nder-this-C-ontract�iotwit�stand�g-��A�-role noth�ng-�n-this - --- - - - -- Contract shall be construed to create any contractual relanonship between the Contractor and EDA. Owner — The individual or ent�ty with whom the Contractor has entered into the Agreement and for whom the Work is to be performed. Pro�ect — The total construcnon of which the Work to be performed under the Contract Documents may be the whole, or a part Recipient - An enhty receiving Federa.l financial assistance from EDA, including any EDA- approved successor to the enhty. Specifications — That part of the Contract Documents consishng of wntten requuements for matenals, equipment, systems, standards, and workmanslup as applied to the Work, and certaw administrahve reqwrements and procedural matters applicable thereto Subcontractor — An mdividual or enhty having duect contract wrth the Contractor or wrth any other Subcontractor for the performance of a part of the Work at the Srte. Econom�c Development Admm�stration Contrachng Provisions for Const�ucUon Pro�ects Work — The eatire conshvctioa orti�e various separately identifiable parts thereof required to be provided under the Contract Documents. Work mcludes and is the result of performing or providuig all labor, services, and documentation necessary to produce such construchon and fiunishmg, installing, and incorporatuig all matenals and equipment into such construchon, all as reqwred by the Contract Documents 2. APPLICABILITY The Pro�ect to wluch the construchon work covered by this Contract pertains is being assisted by the Umted States of Amenca through federal assistance provided by the U S Department of Commerce - Economic Development Admmistrabon (EDA). Neither EDA, nor any of its departments, enhhes, or employees is a party to tlus Contract. The following EDA Contrachng Provisions are mcluded in this Contract and all subcontracts or related uisfiunents pursuant to the provisions apphcable to such federal assistance from EDA. 3. FEDERALLY REOUIRED CONTRACT PROVISIONS (a) Admirustrahve, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sancnons and penalhes as may be appropnate (Contracts more than the simplified acquisinon threshold - currently fixed at $100,000. See 41 U S.C. 403(11)). (b) Termination for cause and for convenience by the Recipient includmg the manner by which rt will be effected and the basis for settlement (all contracts in excess of $10,000). (c) Comphance vv�th Executive Order 11246 of September 24, 1965, Equal Employment Opportunity, as amended by Execurive Order 11375 of October 13, 1967 and as supplemented by Department of Labor regulations at 41 C.F.R chapter 60 (apphcable to all construchon contracts awarded in excess of $10,000 by recipients of federal assistance and their contractors or subrecipients) (d) Compliance vv�th the Copeland "Ann-Kickback" Act (18 U.S.C. § 874) as supplemented by Department of Labor regulahons at 29 C F R part 3(all contracts and subgrants for construction or repa�r) (e) Comphance wrth the Davis-Bacon Act (40 U S C. § 3145) as supplemented by Department of Labor regulat�ons at 29 C F.R part 5(construchon contra.cts in excess of $2,000 awarded by Recipients and subrecipients). ( fl Compliance wrth sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S C§§ 327-330) as supplemented by Department of Labor regulations at 29 C F.R part 5 (construchon contracts awarded by Recipients and subrecipients in excess of $2,000, and in excess of $2,500 for other contracts which mvolve the employment of inechamcs or laborers) (g) EDA reqwrements and regulahons pertaining to repaa�ing. Econom�c Development Admui�stration Contrachng Provisions for Construction Pro�ects (h) EDA requirements and regulatioas pertaining to patent rights vv�th respect to any discovery or invention wluch anses or is developed in the course of or under such contract (i) EDA requirements and regulahons pertainuig to copynghts and nghts in data �) Compliance v�nth all applicable standards, orders, or requuements issued under sechon 306 of the Clear Au Act (42 U.S C. § 7606), sechon 508 of the Clean Water Act (33 U.S.0 § 1368), Execuhve Order 11738, Providmg for Adminrstration of the Clean Air Act and the Federal Water Pollution Control Act With Respect to Federal Contracts, Grants, or Loans, and Environmental Protect�on Agency regulahons at 48 C.F R. part 15 (apphcable to contracts, subcontracts, and subgrants of amounts m excess of $ 100,000). 4 REOUIRED PROVISIONS DEEMED INSERTED Each and every provision of law and clause required by law to be uiserted m this contract shall be deemed to be uiserted herein and the contract shall be read and enforced as though it were included hereui, and if through mistake or otherwise any such provision is not mserted, or is not correctly inserted, then upon the apphcation of erther party the contract shall forthwrth be physically amended to make such inserhon of correchon. INSPECTION �Y EDA ItEPRESENTATIVES The authonzed representahves and agents of EDA shall be pernutted to inspect all work, matenals, payrolls, personnel records, mvoices of matenals, and other relevant data and records 6 EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS (a) The Owner, EDA, or the Comptroller General of the United States, or any of theu duly authorized representatives shall, generally unhl three yeazs after final payment under this contract, have access to and the nght to examme any of the Contractor's duectly perhnent books, documents, papers, or other records involvmg transachons related to this contract for the purpose of making audit, examinahon, excerpts, and transcnphons. (b) The Contractor agrees to mclude in first-her subcontracts under tlus contract a clause substantially the same as paragraph (a) above. "Subcontract," as used in this clause, excludes purchase orders that do not exceed $10,000 (c) The penods of access and exammation m paragraphs (a) and (b) above for records relahng to (1) appeals under the disputes clause of tlus contract, (2) litigation or settlement of claims ansmg from the performa.nce of this contract, �or (3) costs a.nd expenses of this contract to wluch the Owner, EDA, or Comptroller General or any of theu duly authonzed representahves has taken except�on shall contmue until disposition of such appeals, lingahon, clauns, or exceptions Economic Development Admm�stiatioa Contrachng Prov�sions for Construchon Projecls T. CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES Immediately after execuhon and delivery of the contract, and before the first parhal payment is made, the Contractor shall dehver to the Owner an estimated construction progress schedule in a form satisfactory to the Owner, showuig the proposed dates of commencement and complehon of each of the vanous subdivisions of work requ�red under the Contract Documents and the anticipated amount of each monthly payment that will become due to the Contra.ctor in accordance vv�th the progress schedule The Contractor also shall fiunish the Owner (a) a detailed estimate giving a complete breakdown of the contract pnce and (b) periodic rtemized estimates of work done for the purpose of making parhal payments thereon The costs employed in making up any of these schedules will be used only to determine the basis of partial payments and will not be considered as fixmg a basis for additions to or deducttons from the contract pnce 8 CONTRACTOR'S TITLE TO MATERIAL No ma.tenals, supplies, or equipment for the work shall be purchased by the Contractor or by any subcontractor that is subject to any chattel mortgage or under a condihonal sale contract or other agreement by which an mterest is retained by the seller. The Contractor warrants and guarantees that he/she has good title to all work, materials, and equipment used by him/her in the Work, free and clear of all liens, claims, or encumbrances 9. INSPECTION AND TESTING OF MATERIALS All matenals and eqwpment used in the complehon of the Work shall be sub�ect to adequate uispection and teshng m accordance with accepted standards. The laboratory or uispection agency shall be selected by the Owner Matenals of construction, pashcularly those upon wluch the strength and durabihty of any structure may depend, shall be subject to inspect�on and teshng to estabhsh conformance with specificanons and surtability for mtended uses 10 "OR EOUAL" CLAUSE Whenever a material, article, or piece of equipment is idenhfied in the Contract Documents by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc , rt is intended merely to estabhsh a standard Any matenal, article, or equipment of other manufacturers and vendors that will perform adequately the duhes imposed by the general design will be considered equally acceptable provided the matenal, anc�le, or equipment so proposed is, in the opuuon of the ArclutectlEnguieer, of equal substance and funct�on However, such substrtuhon matenal, article, or equipment shall not be purchased or uistalled by the Contractor wrthout the Arclutect/Engmeer's wntten approval. 11. PATENT FEES AND ROYALTIES (a) Contractor shall pay all hcen`se fees and royalt�es and assume all costs mcident to the use in the performance of the Work or the mcorporation m the Work of any mvenhon, design, process, product, or device that is the sub�ect of patent nghts or copynghts held by others. If a particular mvenhon, design, process, product, or device �s specified in the Contract Documents for use in Econam�c Development Admimstration Contradmg Provisions for Construchon Pro�ects the performance of the Work and if, to the actual knowledge of Owner or Engmeer, its use is subject to patent nghts or copynghts callmg for the payment of any license fee or royalty to others, the existence of such nghts shall be disclosed by the Owner m the Contract Documents. (b) To the fullest extent permitted by Laws and Regulahons, the Contractor shall indemrufy and hold harmless the Owner and the Architect/Enguieer, and the officers, duectors, partners, employees, agents, consultants, and subcontractors of each and any of them from and agauist all claims, costs, losses, and damages (mcludmg but not lunited to all fees and chazges of engineers, azchrtects, attorneys, and other professionals and all court or arbitration or dispute resolution costs) ansmg out of or relating to any infringement of patent nghts or copyrights incident to the use in the performance of the Work or resulhng from the mcorporahon in the Work of any mvent�on, design, process, product, or device not specified m the Contract Documents 12 CLAIMS FOR EXTRA COSTS No claims for extra work or cost shall be allowed unless the same was done in pursuance of a written order from the ArclutectlEnguieer approved by the Owner. 13 CONTRACTORS AND SUBCONTRACTORS INSUItANCE (a) The Contractor shall not commence work under this Contract unt�l the Contractor has obtained all msurance reasonably requued by the Owner, nor shall the Contractor,allow any subcontractor to commence work on his/her subcontract unhl the uisurance requued of the subcontractor has been so obtamed and approved (b) Types of insurance normally requ�red are - --- --- — -- - - ------- -- — ----- - - -- - - (1) Workmen's Compensat�on (2) Contractor's Pubhc Liabilrty and Property Damage (3) Contractor's Velucle Liabihty (4) Subcontractors Public Liabihty, Property Damage and Velucle Liability (5) Builder's Risk (Fire and Extended Coverage) (c) Scope of Insurance and Special Hazards: The insurance obtained, which is descnbed above, shall provide adequate protechon for the Contractor and his/her subcontractors, respechvely, against damage claims that may anse from operations under tlus contract, whether such operations be by the insured or by anyone duectly or induectly employed by him/her and also agamst any of the special hazards that may be encountered in the performance of this Contract. (d) Proof of Carriage of Insurance: The Contractor shall furnish the Owner v�nth certificates showing the type, amount, class of operations covered, effective dates, and dates of expirahon of applicable msurance pohcies Economic Development Admimstrahon ContracUng Provisions for ConstrucUon Pro�ects I4 CONTRACT SECURITY BONDS (a) If the amount of ttus Contract exceeds $100,000, the Contractor shall fumish a performance bond in an amount at least equal to one hundred percent (100%) of the Contract pnce as securrty for the faithful performance of tlus Contract and also a payment bond in an amount equal to one hundred percent (100%) of the Contract pnce or in a penal sum not less than that prescnbed by State, Territonal, or local law, as secunty for the payment of all persons performing labor on the Work under this Contract and fur�ushuig matenals in connechon with this Contract The performance bond and the payment bond may be m one or m separate instruments m accordance with local law. Before final acceptance, each bond must be approved by EDA. If the amount of this Contract does not exceed $100,000, the Owner shall specify the amount of the payment and performance bonds. (b) All bonds shall be m the form prescribed by the Contract Documents except as otherwise provided in applicable laws or regulations, and shall be executed by such surehes as aze named in the current list of Comparaes Holding Cert�cates of Authonty as Acceptable Sureties on Federal Bonds and as Acceptable Remsuring Companies as published in Treasury Cuculaz 570 (amended) by the Financial Management Sernce, Surety Bond Branch, U.S Department of the Treasury All bonds signed by an agent must be accompanied by a cerhfied copy of the agent's authonty to act. Surety compaiues execuhng the bonds must also be authonzed to transact business in the sta.te where the Work is located 15 LABOR STANDARDS - DAVIS-BACON AND RELATED ACTS (as required by section 601 of PWEDA) (a) Minimum Wages (1) All laborers and mechaiucs employed or workuig upon the srte ofthe Work in the construchon or development of the Pro�ect will be paid uncondihonally and not less often than once a week, and without subsequent deduchon or rebate on any account (except such payroll deducnons as are permitted by regulahons issued by the Secretary of Labor under the Copeland Act at 29 C.F.R part 3, the full amount of wages and bona fide fnnge benefits (or cash equivalents thereo� due at the 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, regazdless of any contractual relahonship that may be alleged to exist between the Contractor and such laborers and mechanics Contnbuhons made or costs reasonably ant�cipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics aze considered wages paid to such laborers or mecharucs, subject to the provisions of 29 C F R. § 5.5(a)(1)(iv), also, regular contribuhons made or costs incurred for more than a weekly penod (but not less often than quarterly) under plans, funds, or programs, which cover the panc�ular weekly penod, are deemed to be construchvely made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropnate wage rate and fringe benefits on the wage determmahon for the classificahon of work actually performed, without regard to slcill, except as provided in 29 C.F R. § 5 5(a)(4) Laborers or mechaYUCS performing work m more than one classificahon may be compensated at the Economic Development Admimstrahon Contrachng Provisions for �mstruchon Pro�ects rate specified for each classification for the rime actually worked therein, provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed The wage deternunahon (mcludmg any addihonal classification and wage rates determined under 29 C F R§ 5.5(a)(1)(u) and the Davis- Bacon poster (WH-1321) shall be posted at all hmes by the contractor and rts subcontractors at the srte of the work in a promuient and accessible place where it can be easily seen by the workers (2) (i) Any class of laborers or mechanics to be employed under the Contract, but not listed m the wage determmahon, shall be classified in conformance with the wage determinahon EDA shall approve an addinonal classificat�on and wage rate and fruige benefits therefore only when the followuig cntena have been met: (A) The work to be performed by the classificahon requested is not performed by a classificat�on in the wage determuiation, (B) The classificahon is uhhzed in the area by the construchon industry, and (C) The proposed wage rate, includuig any bona fide fru►ge benefits, bears a reasona,ble relationslup to the wage rates contained in the wage determinahon. (ii) If the Contractor and the laborers and mechanics to be employed in the classificahon (if known), or their representahves, and EDA or rts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropnate), a report of the act�on taken shall be sent by EDA or its designee to the Admmistrator of the Wage and Hour Drvision, Employm Standards Admimstration, U.S. Department of La or, Wasliington, C. - ------ -- --- ---- ---- - - (iii) In the event the Contractor, the laborers or mechanics to be employed in the classification or the�r representatives, and EDA or its designee do not agree on the proposed classificahon and wage rate (mcludmg the amount designated for fnnge benefits, where appropnate), EDA or rts designee shall refer the quesnons, mcludmg the views of all interested parties and the recommendation of EDA or its designee, to the Admimstrator for determmation. (iv) The wage rate (including fringe benefits where appropnate) determined pursuant to paragraphs (a)(2)(ii) or (iii) of this section, shall be paid to all workers performing work m the classificat�on under tlus contract from the first day on which work is performed in the classificahon (3) Whenever the minimum wage ra.te prescnbed m the contract for a class of laborers or mechamcs includes a fnnge benefit which is not expressed as an hourly rate, the Contractor shall erther pay the benefit as sta.ted in the wage determination or shall pay another bona fide fnnge benefit or an hourly cash equivalent thereof Economic Development Admimstrahon Contrachng Prov�sions for Construction Projects (4) If the Contractor does not make payments to a trustee or other third person, the Conhactor may consider as part of the wages of any laborer or mechazuc the amount of any a�sts reasonably anhcipated in providmg bona fide fnnge benefits under a plan or prvgram, provided, that the Secretary of Labor has found, upon the wntten request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met The Secretary of Labor may requue the Contractor to set aside m a separate account assets for the meehng of obhgahons under the plan or program (b) Withholding EDA or rts designee shall upon its own achon or upon wntten request of an authonzed representahve of the Departanent 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 federa.11y-assisted contract subject to Davis-Bacon prevailing wage requuements, wluch is held by the same pnme contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechamcs, including apprentices, trainees and helpers, employed by the Contractor or any subcontractor the full amount of wages reqwred by the Contract. In the event of failure to pay any laborer or mechaiuc, including any apprenhce, trainee or helper employed or working on the srte of the Work in the construchon or development of the Pro�ect, all or gart of the wages required by the Contract, EDA or its designee may, after wntten nohce 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. EDA or its designee may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respect�ve employees to whom they aze due. The Comptroller General shall make such disbursements in the case of du�ect Davis-Bacon Act contracts (c) Payrolls and basic records (1) Payrolls and basic records relahng thereto shall be maintained by the Contractor during the course of the Work and preserved for a period of three years thereafter for all laborers and mechalucs workuig at the srte of the Work in the construchon or development of the Project Such records shall contain the name, address, and social secunty number of each such worker, his or her correct classificahon, hourly rates of wages paid (including rates of contnbuhons or costs anncipated for bona fide frmge benefits or cash equivalents thereof of the types descnbed m sechon 1(b) (2) (B) of the Davis-Bacon Act), daily and weekly number of hours worked, deduchons made and actual wages paid Whenever the Secretary of Labor has found under 29 C F R. § 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anhcipated in providing benefits under a plan or program described m sechon 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall ma.intain records which show that the commitment to provide such benefits is enforceable, the plan or program is financially responsible, and the plan or program has been communicated m v►mting to the laborers or mechanics affected, and provide records that show the costs anncipated or the actual cost incurred m providing such benefits Contractors employing apprenrices or trainees under approved programs sha]1 mamtain wntten evidence of the registration of Economic Development Admmistration Contracbng Provisions for Construchon Pro�ec� a�prenticeslup programs and cerhfication of tramee programs, the registrahon of the apprentices and trainees, and the rahos and wage rates prescnbed m the applicable programs. (2) (i) For each week m which Contract work is performed, the Contractor shall submrt a copy of all payrolls to the Owner for transirussion to EDA or rts designee The payrolls submitted shall set out accurately and completely all of the informahon required to be maintained under 29 C F R. part 5.5(a)(3)(i) This informahon may be sub�utted in any form desued. Ophonal Form WH-347 is available for ttus purpose It may be purchased from the Supenntendent of Documents (Federal Stock Number 029-005-00014-1), U S Government Prinnng Office, Washington, D C. 20402; or downloaded from the U S Depaztment of Labor's website at www dol gov/esa/forms/whd/mdex htm The pnme Contractor is responsible for the submission of copies of payrolls by all subcontractors (ii) Each payroll submitted shall be accompanied by a"Statement of Comphance," signed by the Contractor or subcontractor or his or her agent who pays or supernses the payment of the persons employed under the Contract and shall cernfy the following: (A) That the payroll for the payroll penod contauis the information reqwred to be mamtained under 29 C.F.R. § 5 5(a)(3)(i) and that such information is correct and complete, (B) That each laborer or mechazuc (includuig each helper, apprent�ce, and tramee) employed on the Contract dunug the payroll period has been paid the full weekly wages earned, without rebate, erther d�rectly or induectly, and that no deductions h ave been made either directl or mduectly from the full wages earned, other than permissible deductions as set forth m 29 C.F.R part 3, (C) That each laborer or mecharuc has been paid not less than the applicable wage rates and fnnge benefits or cash equivalents for the classificahon of work performed, as specified in the applicable wage determinahon incorporated into the Contract (iii) The weekly submission of a properly executed certificahon set forth on the reverse side of Ophonal Form WH-347 shall sahsfy the reqwrement for submission of the "Statement of Compliance" required by paragraph 14(c)(n) of this section (iv) The falsificatton of any of the above cerhficahons may subject the Contractor or subcontractor to civil or cnminal prosecution under section 1001 of Trtle 18 and sechon 231 of Trtle 31 of the U S. Code. (3) The Contractor or subcontractor shall make the records requued under para.graph 14(c)(1) of this sechon available for mspectton, cop}nng, or transcnphon by authonzed representatives of EDA or its designee or the Department of Labor, and shall permrt such representatives to interview employees during working hours on the �ob. If the Contractor nr subcontractor fails to submit the requued records or to make them Economic Development Admmistrahon Contrachng P�vLCions for Construchon Pro�ects available, EDA arits designee may, after wntten nonce to the Contractor or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds Furthermore, failure to submrt the required records upon request or to make such records available may be gounds for debarment acnon pursuant to 29 CFR part512 (d) Apprentices and Trainees. (1) Apprentices Apprentices will be permitted to work at less than the predeternuned rate for the work they performed when they are employed pursuant to and individually registered m a bona fide apprenticeship program registered wrth the U S Department of Labor, Employment and Trauung Administrahon, Bureau of Apprenticeslup and Training, or with a State Apprenticeslup Agency recognized by the Bureau, or if a person is employed �n his or her first 90 days of probahonary employment as an apprenhce in such an apprennceship program, who is not individually registered in the program, but who has been cerhfied by the Bureau of Apprenhceship and Traaning or a State Apprenhceslup Agency (where appropnate) to be ehgible for probat�onary employment as an apprenhce. The allowable raho of apprenhces to �ourneymen on the Job site in any craft classificahon shall not be greater than the ra.tio permitted to the Contractor as to the entu�e work force under the registered program. Any worker hsted on a payroll at an apprenhce 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 deternunahon for the classificahon of work actually performed In addihon, any apprennce performuig work on the �ob srte m excess of the ra.ho permitted under the registered program shall be paid not less than the applicable wage rate on the wage determinanon for the work actually performed. Where a Contractor is perfomung construchon on a Pro�ect m a locahty other than that in which rts program is registered, the ranos and wage rates (expressed in percenta.ges of the journeyman's hourly rate) specified m 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 registered program for the apprenhce's level of progress, expressed as a percentage of the �ourneymen hourly rate specified m the apphcable wage deternunation. Apprentices shall be paid fnnge benefits in accordance wrth the provisions of the apprenhceship program If the apprenttceslup program does not specify fi7nge benefits, apprenhces must be paid the full amount of fnnge benefits listed on the wage determinahon for the apphcable classificahon If the Administrator determines that a different prachce prevails for the applicable apprenhce classification, fnnges shall be paid in accordance wrth that deter�unahon In the event the Bureau of Apprenticeslup and Traming, or a State Apprenhceship Agency recogmzed by the Bureau, withdraws approval of an apprenhceship program, the Contractor will no longer be pernutted to utilize apprentices at less than the applicable predeternuned rate for the work performed until an acceptable program is approved (2) Trainees Except as provided m 29 C F R. § 5.16, tramees vv�ll not be pernutted to work at less than the predeternuned rate for the work performed unless they aze employed pursuant to and mdividually registered m a program that has recerved pnor approval, evidenced by formal certificahon by the U S Deparhnent of Labor, Employment and Economic Development Admmistrat�on Contrachng Provisions for Construchon Pro�ects Trammg Admimstrahon The rario of tramees to �ourneymen on the �ob site shall not be greater than pernutted under the plan approved by the Employment and Trauung Administranon Every tramee must be paid at not less than the rate specified in the approved program for the tramee's level of progress, expressed as a percentage of the �ourneyman's hourly rate specified in the applicable wage determinahon Trainees shall be paid fnnge benefits m accordance wrth the provisions of the trainee program. If,the tramee program does not menhon fnnge benefits, trainees shall be paid the full amount of fnnge benefits listed on the wage determination unless the Admmistrator of the Wage and Hour Division detemunes that there is an apprenticeslup progrdm associated with the correspondvig �ourneyman wage rate on the wage determinahon wtuch provides for less than full fruige benefits for apprenhces Any employee hsted on the payroll at a trainee rate who is not registered and panc�ipahng m a tra�ung plan approved by the Employment and Traimng Administrahon sha.11 be paid not less than the applicable wage rate on the wage determinahon for the classificanon of work actually performed In addihon, any trainee 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 determination for the work actually performed In the event the Employment and Training Admuustrahon withdraws approval of a trammg program, the Contractor vv�ll no longer be permitted to utihze trainees at less than the apphcable predetermmed rate for the work performed until an acceptable program is approved _ (3) Equal employment opportunity. The uhlizarion of apprentices, trainees and �ourneymen under this part shall be in confornuty wrth the equal employment opportumty requuements of Executive Order 11246, Equal Employment Opportumty, as amended, and 29 C.F.R part 30. (e) Compliance with Copeland Anti-Kickback Act Requirements - 'The ontractor s --- - comply wrth the Copeland Anti-ICickback Act (18 U S C§ 874 and 40 U.S.C. § 276(c)) as supplemented by Department of Labor regulations (29 C F.R. part 3, "Contractors and Subcontractors on Pubhc Buildmgs or Pubhc Works Financed m Whole or m Part by Loans or Grants of the Unrted States"). The Act provides that the Contractor and any subcontractors shall be prohibrted from inducmg, by any means, any person employed m the construcnon, completion, or repair of public facihhes, to give up any part of the compensahon to which they are otherwise enhtled. The Owner shall report all suspected or reported violanons to EDA. ( fl Subcontracts The Contractor and any subcontractors will insert m any subcontracts the clauses contamed m 29 C F R. §§ 5 5(a)(1) through (10) and such other clauses as EDA or its designee may require, and also a clause requinng the subcontractors to include these clauses in any lower t�er subcontracts. The pnme Contractor shall be responsible for the comphance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 C F.R part 5.5 (g) Contract termination; debarment The breach of the contract clauses in 29 C F R. part 5.5 may be grounds for termination of the contract, and for debarment as a Contractor and a subcontractor as provided in 29 C.F R§ 5 12 Econom�c Development Administrarion Contrachng Prov�sions for Construction Projects (h) Comptiance with Davis-Bacoa aad Related Act Requirements All ruhngs and mterpretations of the Davis-Bacon and Related Acts contamed in 29 C F R parts 1, 3, and 5 are herem mcorporated by reference in this contract (�) Disputes concerning labor standards. Disputes ansmg out of the labor standards provisions of tlus Contract shall not be sub�ect to the general disputes clause of tlus Contract. Such disputes shall be resolved m accorda.nce with the procedures of the Department of Labor set forth in 29 C.F R parts 5, 6, and 7. Disputes within the meanmg of ttus clause mclude disputes between the contractor (or any of its subcontractors) and EDA or rts designee, the U.S Depariment of Labor, or the employees or their representahves �) Certification of Eligibility (1)By entering into tlus Contract, the Contractor certifies that neither rt nor any person or firm that has an interest in the Contractor's firm is a person or firm meligible to be awazded Government contracts by vutue of section 3(a) of the Davis-Bacon Act or 29 C F.Tt § 5.12(a)(1) (2) No part of tlus Contract shall be subcontracted to any person or firm meligible for award of a Government contract by virtue of secnon 3(a) of the Davis-Bacon Act or 29 C F.R § 5.12(a)(1). (3) The penalty for making false statements is prescribed in the U S Cnminal Code, 18 U.S C § 1001. 16. LABOR STANDARDS - CONTRACT WORK HOURS AND SAFETY STANDARDSACT As used in this paragraph, the terms "laborers" and "mecharucs" include watchmen and guards. (a) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work, wluch may requue or involve the employment of laborers or mechanics, shall reqiure or pernut any such laborer or mecharuc in any workweek in wluch that person is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half hmes the basic rate of pay for all hours worked in excess of forty hours in such workweek (b) Violation; liability for unpaid wages, liquidated damages. In the event of any violation of the clause set forth m paragraph (a) of this section, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addit�on, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the Distnct of Columbia or a temtory, to such Distnct or to such terntory), for liquida.ted damages Such liquidated damages shall be computed v�nth respect to each individual laborer or mechanic, mcludmg watchmen and guards, employed m violanon of the clause set forth in paragraph (a) of this secnon, in the sum of $10 for each calendar day on wluch such individual was required or Economic Develapment Admm�strahon Contrachng Provisions for Construchon Pro�ects permitted to work in excess of the standard workweek of forty hours wrthout paymeat of the overhme wages requued by the clause set forth m paragraph (a) of this sechon (c) Withholding for unpaid wages and liquidated damages EDA or its designee shall upon its own actton or upon wntten request of an authorized representahve of the Department of Labor wrthhold or cause to be unthheld, from any momes payable on account of work performed by the Contractor or subcontractor 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, wluch is held by the same pnme Contractor such sums as may be determmed to be necessary to sahsfy any habilihes of such Contractor or subcontractor for unpaid wages and liquidated da.mages as provided m the clause set forth in paragraph (b) of tlus sechon (d) Subcontracts The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (a) through (c) of tlus section and also a clause requinng the subcontractors to include these clauses m any lower ner subcontracts The pnme Contractor shall be responsible for compliance by any subcontractor or lower her subcontractor vv�th the clauses set forth in paragraphs (a) through (c) of this section. 17 EOUAL EMPLOYMENT OPPORTUNITY (a) The Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construcnon work, or modificahon thereof, as defined in the regulahons of the Secretary of Labor at 41 C.F.R chapter 60, which is paid for m whole or in part v�nth funds obtained from EDA, the following equal opportuiuty clause. During the performance of this contract, the Contractor agrees as fol owI s: - (1) The Contractor vv�ll not discnmuiate against any employee or applicant for employment because of race, color, religion, sex, or nahonal ongin The Contractor will take affirmatrve achon to ensure that applicants are employed, and that employees aze treated dunug employment wrthout regazd to the�r race, color, rehgion, sex or nahona.l ongui Such achon shall include, but not be limited to the followmg. Employment, upgradmg, demotion, or transfer; recruitment or recruitment adverhsmg, layoff or termmation, rates of pay or other forms of compensation, and selection for training including apprenhceslup The Contractor agrees to post m conspicuous places available to employees and apphcants for employment notices to be provided sett�ng forth the provisions of tlus nondiscnmuiation clause. (2) The Coniractor will, m all solicrtahons or advertisements for employees placed by or on behalf of the Contractor state that all qualified applicants will receive considerahon for employment wrthout regazd to race, color, rehgion, sex, or nahonal ongin (3) The Contractor will send to each labor wuon or representative of workers wrth wluch rt has a collective bargammg agreement or other contract or understandmg a notice to be provided advismg the said labor union or workers representanves of the Contractor's �conomic Development Admmistrahon Contractmg Prov�sions for Construchon Pro�ects commitments hereuader, and shall post copies of the notice in conspicm�s places available to employees and applicants for employment (4) The Contractor will comply with all provisions of Execuhve Order 11246 of September 24, 1965 and of the rules, regulahons, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all mformat�on and reports reqwred by Execuhve Order 11246 of September 24, 1965, and pursua.nt to rules, regulahons, and orders of the Secretary of Labor and will pernut access to its books, records, and accounts by the Secretary of Labor for purposes of inveshgahon to ascertain compliance v�nth such rules, regulahons, and orders. (6) In the event of the Contractor's noncompliance wrth the nondiscnmination clauses of this Contract or with any of the said rules, regularions, or orders, tlus Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared inehgible for further Government contracts or federally-assisted construchon contracts m accordance wrth procedures authonzed m Execuhve Order 11246 of September 24, 1965, and such other sanct�ons may be imposed and remedies invoked as provided m Execunve Order 11246 of September 24, 1965, or by rule, regulanons or order of the Secretary of Labor, or as otherwise provided by law (7) The Contractor will mclude the portion of the sentence immediately preceduig paragraph 17(a) (1) and the provisions of pazagraphs 17(a)(1) through (6) in every subcontract or purchase order unless exempted by rules, regulahons, or orders of the Secretary of Labor issued pursuant to sechon 204 of Execuhve Order 11246 of September 24, 1965, so that such provisions v�nll be bmdvig upon each subcontractor or vendor The Contractor vv�ll take such achon vcnth respect to any subcontract or purchase order as EDA or the Secretary of Labor may duect as a means of enforcing such provisions, including sanchons for noncomphance Provided, however, that m the event th� Contractor becomes involved in or is threatened with lrtigation with or by a subcontractor or vendor as a result of such direction by EDA or the Secretary of Labor, the Contractor may request the Unrted Sta.tes to enter into such hhgahon to protect the interests of the Umted States (8) The Recipient further agrees that rt will be bound by the above equal opportunrty clause wrth respect to rts own employment prachces when rt panc�ipates in federally- assisted construchon work Provided, however, that if the Recipient so participahng is a State or local government, the above equal opporiumty clause is not applicable to any agency, instrumentahty, or subdivision of such government that does not participate m work on or under the Contract. (9) The Recipient agrees that rt will assist and cooperate achvely with EDA and the Secretary of Labor in obtauung the compliance of contractors and subcontractors wrth the equal opportumty clause and the rules, regulations, and relevant orders of the Secretary of Labor, that rt will furnish EDA and the Secretary of Labor such informat�on as they may Economic Development Admmis�am Contracring Provisions for Consta�ionProjects requue for the supervision of such compliance, and ti�at it will otherwise assist EDA in the discharge of the EDA's pnmary responsibihty for secunng compliance. (10) The Recipient further agrees that rt will refram from entenng mto any contract or contract modificahon subJect to Executive Order 11246 of September 24, 1965, wrth a Contractor debarred from, or who has not demonstrated ehgibilrty for, Government contracts and federally assisted construchon contracts pursuant to the Execurive order and vv�ll carry out such sanctions and penalties for violahon of the equal opportumty clause as may be imposed upon contractors and subcontractors by EDA or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order In addihon, the Recipient agrees that if rt fails or refuses to comply with these undertakings, EDA may take any or all of the followmg actions Cancel, termmate, or suspend in whole or in part tlus EDA financial assistance, refrain from extending any further assistance to the apphcant under the program wrth respect to which the failure or refund occurred unhl sat�sfactory assurance of future comphance has been received from such applicant, and refer the case to the Department of Jushce for appropnate legal proceedmgs (b) Exemphons to Above Equal Opportumty Clause (41 C.F.R chapter 60). , (1) Contracts and subcontracts not exceedmg $10,000 (other than Government bills of lading) are exempt The amount of the Contract, rather than the amount of the federal fina.ncial assistance, shall govern in deternuning the applicability of ttus exemphon (2) Except in the case of subcontractors for the performance of construction work at the srte of construchon, the clause shall not be requued to be inserted in subcontracts below the secon h er. (3) Contracts and subcontracts not exceeding $10,000 for standard commercial supplies or raw matenals are exempt 18. CONTRACTING WITH SMALL. NIINORITY AND WOMEN'S BUSINESSES (a) If the Contractor intends to let any subcontracts for a porhon of the work, the Contractor shall take affumahve steps to assure that small, minonty and women's busmesses aze used when possible as sources of supplies, equipment, construction, and services (b) Aff'irmative steps shall consist of (1) Placing qualified small and minonty busmesses and women's business enterpnses on sohcrtahon hsts, (2) Ensunng that small and minonty businesses and women's business enterpnses are sohcrted whenever they are potenhal sources, Economic Development Administration Contrachng Provisions for Construchon Proje�ts (3) Dividuig total re�quiremeIIts, when economically feasible, into smallerta�s or quanhhes to pernut maximum participat�on by small and minority businesses and women's business enterprises; (4) Estabhshing dehvery schedules, where the requ�rements of the contract permit, which encourage panc�ipanon by small and muionty businesses and women's business enterpnses, (5) Usmg the services and assistance of the U.S. Small Business Admimstrahon, the Minority Busmess Development Agency of the U S. Department of Commerce, and State and local governmental small business agencies, (6) RequuYng each party to a subcontract to take the affirmahve steps of this secnon, and (7) The Contractor is encouraged to procure goods and services from labor surplus area firms. 19. HEALTH. SAFETY. AND ACCIDENT PREVENTION (a) In performing ttus contract, the Contractor shall (1) Ensure that no laborer or mecharuc shall be reqwred to work in surrounduigs or under working condit�ons which are unsamtary, hazazdous, or dangerous to their health and/or safety as deternuned under construchon safety and health standards promulgated by the Secretary of Labor by regulahon, (2) Protect the hves, health, and safety of other persons; (3) Prevent damage to property, materials, supphes, and equipment; and, (4) Avoid work interrupt�ons (b) For these purposes, the Contractor shall• (1) Comply vv�th regulahons and standards issued by the Secretary of Labor at 29 C F R. part 1926 Failure to comply may result in imposihon of sanctions pursuant to the Contract Work Hours and Safety Standards Act (40 U S C§ 3701— 3708), and (2) Include the terms of this clause m every subcontract so that such terms will be bindmg on each subcontractor (c) The Contractor shall mamta.m an accurate record of exposure data on all accidents incident to work performed under this Contract resulhng in death, traumatic in�ury, occupahonal disease, or damage to property, matenals, supphes, or equipment, and shall report tlus data m the manner prescnbed by 29 C F.R part 1904 Ecaaoauc Development Admm�stration Contracting Provisions for Construction Pro�ects (� Tfie Owner shall nohfy the Contractor of any noncompliance wrth these requuements and of the corrective action reqwred This notice, when dehvered to the Contractor or the Contractor's representat�ve at the srte of the Work, shall be deemed sufficient notice of the noncompliance and corrective action requued After receivmg the nohce, the Contractor shall immediately take correcnve action. If the Contractor fails or refuses to take correchve achon promptly, the Owner may issue an order stopping all or part of the Work unhl satisfactory correct�ve action has been taken The Contractor shall not base any claim or request for equrtable adjustment for addihonal time or money on any stop order issued under these cu�cumstances. (e) The Contractor shall be responsible for its subcontractors' comphaace wrth the provisions of tlus clause The Contractor shall take such achon with respect to any subcontract as EDA, or the Secretary of Labor shall direct as a means of enforcing such provisions 20. CONFLICT OF INTEREST AND OTHER PROHIBITED INTERESTS (a) No official of the Owner who is authonzed in such capacrty and on behalf of the Owner� to negotiate, make, accept, or approve, or to take part in negohahng, making, accephng, or approvmg any archrtectural, engmeering, mspechon, conshuction or matenal supply contract or any subcontract in connechon with the construchon of the Pro�ect, shall become directly or mdu�ectly interested personally m this Contract or in any part hereof (b) No officer, employee, archrtect, attomey, engineer, or inspector of or for the Owner who is authonzed m such capacrty and on behalf of the Owner to exercise any legislat�ve, executive, supervisory or other similaz functions in connechon with the construchon of the Pro�ect, shall become directly or indirectly interested personally in tlus Contract or in any part thereof, any material sup contract, subcontract, insurance contract, or any other contract pertammg to t he Project (c) The Contractor may not knowuigly contra.ct wrth a suppher or manufacturer if the mdividual or entity who prepared the Contract Documents has a corporate or financial affihahon wrth the supplier or manufacturer (d) The Owner's officers, employees, or agents shall not engage in the award or admuustrahon of this Contract if a conflict of interest, real or appazent, may be involved Such a conflict may anse when• (i) the employee, officer or agent, (ii) any member of theu immediate family, (iii) theu partner or (iv) an orgazuzahon that employs, or is about to employ, any of the above, has a financial interest in the Contractor The Owner's officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from the Contractor or subcontractors , (e) If the Owner finds after a nonce and heanng that the Contractor, or any of the Contractor's agents or representa.tives, offered or gave graturties (m the form of entertauiment, gifts, or otherwise) to any official, employee, or agent of the Owner or EDA in an attempt to secure tlus Contract or favorable treatment in awazding, amending, or making any determmations related to the performance of t}us Contract, the Owner may, by wntten notice to the Contractor, termmate this Contract. The Owner may also pursue other rights and remedies that the law or this Contract Econonuc Development Admmistrarion Contracring Provisions for Construchon Pmje�ts provides However, the existence of the facts on wluch the Owner bases such findings shall be an issue and may be reviewed in proceedings under the dispute resoluhon provisions of this Contract ( fl In the event tlus Contract is terminated as provided m paragraph (e) of this sectxon, the Owner may pursue the same remedies agamst the Contractor as it could pursue in the event of a breach of tlus Contract by the Contractor As a penalty, m addrtion to any other damages to wluch it may be entitled by law, the Owner may pursue exemplary damages in an amount (as determined by the Owner) which shall not be less than three nor more than ten times the costs the Contractor incurs in providing any such gratuit�es to any such officer or employee 21. RESTRICTIONS ON LOBBYING (a) This Contract, or subcontract is sub�ect to sechon 319 of Pubhc Law 101-121, wluch added section 1352, regazdmg lobbying restnchons, to chapter 13 of title 31 of the Umted States Code The new section is explained in the common rule, 15 C F R. part 28 (55 FR 6736-6748, February 26, 1990). Each bidder under tlus Contract or subcontract is generally prolubrted from using federal funds for lobbyuig the Execuhve or Legislative Branches of the Federal Government in connection wrth this EDA Awazd � (b) Contract Clause Threshold Tlus Contract Clause regarding lobbying must be included in each bid for a contract or subcontract exceeduig $100,000 of federal funds at any her under the EDA Award (c) Certification and Disclosure. Each bidder of a contract or subcontract exceeding $100,000 of federal funds at any her under the federal Award must file Form CD-512, Cert�catton Regarding Lobbying, and, if apphcable, Standard Form-LLL, Disclosure of Lobbymg Actrvittes, regarding the use of any nonfederal funds for lobbyuig Certificahons shall be retained by the Contractor or subcontractor at the next lugher her. All disclosure forms, however, shall be forwarded from her to her unhl received by the Recipient of the EDA Award, who shall forwazd all disclosure forms to EDA (d) Continuing Disclosure Requirement Each Contractor or subcontractor that is subject to the Cerhficahon and Disclosure provision of this Contract Clause is reqwred to file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the informahon contained m any disclosure form previously filed by such person. Disclosure forms shall be forwarded from her to her until received by the Recipient of the EDA Award, who shall forward all disclosure forms to EDA. (e) Indian Tribes, Tribal Organizations, or Other Indian Organizations: Indian tribes, tribal organizahons, or any other Indian orgamzahons, mcluding Alaskan Nahve organizahons, are excluded from the above lobbying restnchons and reporting requuements, but only with respect to expendrtures that are by such tnbes or orgamzahons for lobbying achvihes permitted by other federal law. An Indian tribe or orgasuzahon that is seeking an exclusion from Cerhficahon and Disclosure requu�ements must provide EDA wrth the crtation of the provision or provisions of federal law upon which it relies tb conduct lobbying achvihes that would otherwise Econonuc Development Admmistrahon Contrachng Prov�sions for Construchon Projects be sub�ect to the prolubinons in and to the Certificat�on and Disclosure requuements of secnon 319 of Pubhc Law No 101-121, preferably through an attomey's opimon Note, also, that a non- Indian subrecipient, contractor, or subcontractor under an award to an Indian tnbe, for example, is sub�ect to the restnctions and reporhng requirements 22 HISTORICAL AND ARCHAEOLOGICAL DATA PRESERVATION The Contractor agrees to facihta.te the preservahon and enhancement of structures and ob�ects of histoncal, archrtectural or archaeological significance and when such rtems are found and/or unearthed durmg the course of pro�ect construchon Any excavation by the Contractor that uncovers an histoncal or azchaeological arhfact shall be immediately reported to the Owner and a representative of EDA Construchon shall be temporanly halted pending the nohficatton process and further duechons issued by EDA after consultat�on with the State Historic Preservation Officer (SHPO) for recovery of the items. See the Nahonal Histonc Preservation Act of 1966 (80 Stat 915, 16 U.S C§ 470) and Executive Order No. 11593 of May 31, 1971. 23 CY.EAN AIR AND WATER Applicable to Contracts m Excess of $100,000 (a) Definition. "Facihty" means any building, plant, installahon, structure, mine, vessel, or other floating craft, location, or site of operations, owned, leased, or supervised by the Contractor or any subcontractor, used m the performance of the Contract or any subcontract When a locarion or srte of operations includes more than one building, plant, installahon, or structure, the enhre locat�on or srte shall be deemed a facilrty except when the Administrator, or a designee, of the Unrted States Envuonmental Protecnon Agen� (EPA) determmes that independent facilihes __ _ are collocated m one geographical azea (b) In comphance with regulations issued by the EPA, 2 C F.R part 1532, pursuant to the Clean Air Act, as amended (42 U S C. § 7401 et seq.), the Federal Water Polluhon Control Act, as amended (33 U.S C. § 1251 et seq.), and Execuhve Order 11738, the Contractor agrees to (1) Not uhhze any facihty in the performance of this contract or any subcontract which is listed on the EPA List of Violahng Facilit�es pursuant to 2 C F R part 1532 for the durahon of hme that the facihty remains on the hst, (2) Promptly nohfy the Owner if a facihty the Contractor intends to use in the performance of tlus contract is on the EPA List of Violatmg Facilihes or the Contractor knows that it has been recommended to be placed on the List, (3) Comply wrth all requirements of the Clean Au Act and the Federal Water Polluhon Control Act, including the requirements of sechon 114 of the Clean Air Act and sechon 308 of the Federal Water Pollunon Control Act, and all applicable clean air and clean water standards, and Economic Development AdmmistraUon Contrachng Prov�swns for ConstrucUon Pro�ects (4) Include orcause to be mcluded the provisions of ttus clause m every subcontract and take such actioa as IDA may duect as a means of enforcing such provisions. 24 USE OF LEAD-BASED PAINTS ON RESIDENTIAL STRUCTURES (a) If the work under tlus Contract involves construchon or rehabilitahon of resident�al structures, the Contractor shall comply v�nth the Lead-based Paint Poisoiung Prevenhon Act (42 U S.C. § 4831). The Contractor shall assure that paint used on the Pro�ect on applicable surfaces does not conta.m lead m excess of the percentages set forth m Paragraphs (a) and (b) of this sechon In determining compliance vv�th these standards, the lead content of the paint shall be measured on the basis of the total nonvolahle content of the paint or on the basis of an equivalent measure of lead in the dned film of paint already applied (1) For paint manufactured after June 22, 1977, paint may not contain lead in excess of 6 one-hundredths of 1 percent (.0006) lead by weight. (2) For paint manufactured on or before June 22, 1977, paint may not contain lead in excess of five-tenths of 1 percent lead by weight. (b) As a condihon to receiving assistance under PWEDA, recipients shall assure that the restnchon agamst the use of lead-based pamt is mcluded m all contracts and subcontracts mvolving the use of federal funds (c) Definitions (1) "Applicable surfaces" aze those extenor surfaces wluch are readily accessible to cluldren under seven years of age. (2) "Residenhal structures" means houses, apartments, or other structures intended for human habitahon, including inshtuhonal structures where persons reside, wluch are accessible to cluldren under seven years of age, such as day care centers, intermediate and extended caze facihhes, and certam community facihties 25 ENERGY EFFICIENCY The Contractor shall comply wrth all standards and pohcies relating to energy efficiency wluch are contained m the energy conservahon plan issued in comphance vv�th the Energy Pohcy and Conservahon Act (Public L No 94-163) for the State in which the Work under the Contract is performed 26. ENVIRONMENTAL REOUIREMENTS When construchng a Pro�ect mvolvmg trenclung and/or other related earth excavat�ons, the Contractor shall comply with the follovv�ng envuonmental constraints (1) Wetlands When disposmg of excess, spoil, or other construction matenals on public orpnvate property, �e Contractor shall not fill in or otherwise convert wetlands. Econo�uc Develvp�ent Adaunistration Contrachng Prov�s for Construct�on Pro�ects (� �'Ioodplains When disposing of excess, spoil, or other constivction materials on public or pnvate property, the Contractor shall not fill m or otherwise convert 100 year floodplain areas dehneated on the latest Federal Emergency Management Agency (FEMA) Floodplain Maps, or other appropnate maps, i.e., alluvial soils on Natural Resource Conservahon Service (NRCS) Soil Survey Maps (4) Endangered Species. The Contractor shall comply with the Endangered Species Act, which provides for the protechon of endangered and/or threatened species and cnhcal habrtat Should any evidence of the presence of endangered and/or threatened species or their cntical habrta.t be brought to the attennon of the Contractor, the Contractor will immediately report tlus evidence to the Owner and a representahve of EDA. Construcrion shall be temporanly halted pending the notificahon process and fiuther direchons issued by EDA after consultation vv�th the U.S Fish and Wildlife Service 27 DEBARMENT. SUSPENSION. INELIGIBILITY. AND VOLUNTARY EXCLUSIONS As requued by Execuhve Order 12549, Debarment and Suspension, and implemented at 2 C F.R part 1326, for prospective panc�ipants in lower tier covered transachons (except subcontracts for goods or services under the $25,000 small purchase threshold unless the subrecipient will have a cnt�cal mfluence on or substantive control over the awazd), as defined at 2 C F R part 1326. ____ (1) By ent ering into this Contract, and by f urther executm Form CD-512, the Cont ractor and subcontractors certify, that nerther rt nor its pnncipals is presently debarred, - suspended, proposed for debarment, declared ineligible, or voluntarily excluded from panc�ipat�on m this Contract by any federal department or agency. (2) Where the Contractor or subcontractors are unable to cerhfy to any of the statements m tlus cerhfication, the Contractor or subcontractors shall attach an explanahon to tlus bid See alsol5 C F.R §§ 14 13 or 24 35, as applicable 28 EDA PROJECT SIGN The Contractor shall supply, erect, and maintam in good condition a Pro�ect sign according to the specificahons provided by EDA To the extent practical, the sign should be a free standing sign. Pro�ect signs shall not be located on public highway nghts-of-way Location and height of signs v�nll be coordinated wrth the local agency responsible for highway or street safety in the Pro�ect area, if any possibilrty exists for obstruchng velucular traffic lme of sight Whenever the EDA srte sign specifications conflict wrth State law or local ordmances, the EDA Regional Director will permit such conflichng specifications to be modified so as to comply v�nth State law or local ordinance Economic Develapment Admmistrat�on Contractmg Prov�sions for Construchon Projects