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HomeMy WebLinkAbout4282 +--------------------------------------------------------------------------+ +Browse: Next Previous First Last Update Delete Restart X - Exit + ==Retrieve the Next record J., = =Found: 1 Record (s) MAINTAIN Contract Transactions -- Contract Number 4282 ;= +Vendor Name +Subject +Department +Status Code + + HARBOR PACIFIC CONTRACTORS INC PUMP/VFD EQUIPMENT PURCHASE - WB-3 PS UPGRADE WWTP PUR =t= + Insurance Type Amount GL $2000000.00 AL $1000000.00 Amount Begin Date End Date Review Date $533603.00 OS/21/2002 09/30/2002 02/15/2005 =t= + Insurance Total Insurance Review Date ... + $3000000.00 + 01/01/2003 + Comments FILE CLOSEOUT 11/03 VAULT 01/01/2005 =t= + +--------------------------------------------------------------------------+ +--------------------------------------------------------------------------+ .~nter Search Criteria, Press Esc Key to Transmit "Press Del Key to Terminate Delete Mode CHANGE Contract Number Contract Transactions 4282 . -Vendor Name . 'Subj ect . ,Department . ,Status Code HARBOR PACIFIC CONTRACTORS INC PUMP/VFD EQUIPMENT PURCHASE - WB-3 PS UPGRADE WWTP PUR Insurance Type Amount GL $2000000.00 AL $1000000.00 Amount $533603.00 Begin Date OS/21/2002 .. End Date 09/30/2002 .. Review Date 02/15/2005 .- .. .. Insurance Total $3000000.00 .. Insurance Review Date 01/01/2003 .. Comments FILE CLOSEOUT 11/03 VAULT 01/01/2005 +--------------------------------------------------------------------------+ PUBLIC WORKS i UTILITIES Wastewater Treatment Plant Date: September 29, 2003 To: Michael Wilson, Finance Director CC: Millie Vellegas, PW&U Finance Mgr From: ¢4~fCoxon, WWTP Manager Subject: WB-3Pump Station Upgrade - Release of Retainage Ail required releases from State agencies have been received and the lien advertising period has expired. Please release the retainage bond for the following project: Project Title: WB-3 Pump Station Upgrade-Equipment Purchase Contractor: Harbor Pacific Contractor's Project Number: Project Number 590 Purchase Order Number: PO # 20473E Financial Institution holding Retainage: Columbia State Bank 721 2~ Ave Seattle, WA 98104 ATTN: Christopher Cleary Escrow No.: 1100625301 Copies of the following Washington State releases and documents are attached for your records: 1. Certificate of Payment of State Excise Taxes - Department of Revenue 2. Certificate of Payment of Contributions- Departmem of Employment Security 3. Affidavit of Publication of the Lien Notice- The Sun or other publication STATE OF WASHINGTON EMPLOYMENT SECURITY DEPARTMENT PO Box 9046 · Olympia, WA 98507-904~ CONTRA~I-Iagbor Pacific Contractors, Inc. ) CERTIFICATE OF ~ ~-~-~_~ ~8 144th Ave. N.E., Suite A ) PA¥~iENT OF CONTRI~BUTIONS ~~ ..W~odinville, WA 98072 ) PENALTIES AND INTEREST ON ~'.'~Y~ ,o~1~1 ?~.-~~''~ ES Reference No. 637981-006 TO: City of Bremerton Public Works & Utilities, WWTP 1600 Oyster Bay Ave. S Bremerton, WA 98312 The Employment Security Department hereby certifies that contributions, penalties and interest due from the above named contractor under the Employment Security Act have been paid in full or provided for with respect to the following public works contract: #590 WB-3 Pump Station Upgrade The Employment Security Department hereby certifies that it has no claim pursuant to RCW 50.24.130 against the public body named above for tax attributable to service performed for said public body by the above named contractor on the above described contract. The Employment Security Department releases its lien on the retained percentage which is provided by RCW 60.28.040 for contributions, penalties and interest due from said contractor. This certificate does not release said contractor from liability for additional contributions, penalties and interest which may be later determined to be due with respect to the above mentioned contract. Dated at Olympia, Washington on September 11, 2003. COMMISSIONER EMPLOYMENT SECURITY DEPARTMENT (A~thorized Representative) Original Disbursing Officer Duplicate~Employer Triplicate~entral Office Files EMS 8449 760 R3-98 Washington State Department of Revenue PO Box 47474 Olympia, WA 98504-7474 601 058 667 Certificate of Payment of State Excise Taxes by Public Works Contractor WOODINVILLE WA 98072 4435 1600 OYSTER BAY AVE S [ BREMERTON WA 98312 2 j Cl~¥ 0 ~I£RTO~ _~_~?TE~¥AIER ~-RU~T~',~D,~i PLANT We hereby certify that taxes, increases and penalties due or to become due from the above-named contractor under Chapter 180, Laws of 1935, as amended, with respect to the following public works contract: CITY OF BREMERTON PUBLIC WORKS %590 WB-3 PUMP STATION UPGRADE together with all other taxes, increases and penalties due from such contractor, have been paid in full or that they are, in the Department's opinion, readily collectible without recourse to the state's lien on the retained percentage. This certificate is issued pursuant to the provision of Chapter 60.28 Revised Code of Washington for the sole purpose of informing the state, county, or municipal officer charged with the duty of disbursing or authorizing the payment of public funds to said contractor that the Department of Revenue hereby releases the state's lien on the retained percentage provided by this Chapter for excise taxes due from said contractor. This certificate does not release said contractor from liability for additional tax that may be later determined to be due with respect to the above-mentioned contract or other activities. Dated ,_~. ~0~ at Olympia, Washington, State of Washington Department of Revenue Certifying Officer -- ~ To inquire about the availability of this document in an alternate format for the visually impaired or in a language other than English, please call (360) 753-3217. TrY users may call 1-800-451-7985. REV 31 0028 (10-01-02) ROUTING: Disbursing Officer, Contractor, File, Special File ~1/10/2003 15:37 36047B§200 AFFIDAVIT OF PUBLICATION County of Kitsap, State of Washington No. 100076166 I, Y~erie ~ller, ~in$ fi~'~t duly sworn on oath, depots and s~ys: ~at ~e ~s now, ~nd embraced ~ the publica~on h*rei~ menaoned wa~ t~ principal clerk of the pr~lgs ~ pub~hers of ~ S~; that said newspa~r ~ b~l~ approved a~ a legal ~wspa~r ~ order of ~e Su~rior Cou~ of ~e ~unty of Kitsap, in wldch ~unty g is publhh~ and is now and h~ ~n for ~re t~ six monks p~o~ to the date of the publication here~a~ refet~d m, publi~ed ~ the English la~ua~ as a d~ily newspa~r ~ Bn~me~on, Kitsap ~unty, W~shingt~, a~ is now ~d during all of ~id ti~, was prin~ in ~ office m~nta~ed in t~e afoms~d place of publication of said new~ap~; that following is a ~e text of a leg~ adve~se~nt ~ it was publish~ in mgul~ issue~ (~d not in supplement f~) of said ~ewsp~er on the iollowi~ da~, to wit: October 1, 2~3 ~d ~t such newspa~r was ~$u~ly dt~bffi to i~ subscri~s d~i ill of s~d p~fi~. ~it the fee ch~g~ for ~e foregoi:ag pub~cati~ is t~ sum of $3Z51 amour has not ~ p~d i~ ~11. Not~ Public i~ ~ f~ tim State of Washingt~, Ki~ap CounW. C~Y OF B~TON' NOTICE OF ~N~ COMPLETION' N~ioe of Fin~ Co~let~on bas ~n fil~ Mth t~ City of B~m~on by Har~ P~ff~c ~actors, luo-, on Con~t No. 5~, for the WB-3 Pu~ Station Upgra& - ~uipment ~cMs~ ~ect. Any p~s having · clai~ for ~teri.~k labor or d~ages relat~ to ~s Contract have ~i~y (30) days from the of t~st publication of t~s n~iee to file ~ W~lli~ Eley' Purchasing M~ag~r- 239 4th Bre~on, WA 98337" Octo~r l, 2~3, · ~t~76166' November 18, 2003 Columbia State Bank 721 2nd Avenue Seattle, Washington 98104 ATTN: Christopher Cleary RE: Harbor Pacific Contractors, Inc. - Escrow No. 1100625301 Dear Mr. Cleary: The contractor has completed all work on the project associated with this escrow. Please release all monies in the account to the contractor at your earliest convenience. Thank you for your prompt attention to this matter. Sincerely, Assistant Treasurer CJ:ch cc: Harbor Pacific Contractors, Inc. Public Body: City of Bremerton Contract No.: Project Name: WB-3 PS Upgrade Completion Date: 08/01/02 Escrow No.: 1100625301 ESCROW AGREEMENT To Escrow Agent: Columbia State Bank Attention: Mr. Christopher Cleary 721 2na Avenue Seattle, WA 98104 This Escrow Agreement is for the inveslment of the retained percentages of the above Contract in accordance with Chapter 38, Laws of 1982, amending RCW 60.28.010, 60.28.030, and 60.28.050. The Undersigned, Harbor Pacific Contractors~ Inc. hereinafter referred to as the Contractor, has directed City of Bremerton, hereinafter referred to as the Public Body, to deliver to you its warrants, checks, or drafts, which shall be payable to you and the Contractor jointly. Such warrants, checks, or drafts are to be held and disposed of by you in accordance with the following instructions and upon the terms and conditions hereinafter set forth. INSTRUCTIONS 1. Upon delivery to you, warrants, checks, or drafts made payable to you and the Contractor jointly shall be endorsed by you and forwarded for collection. The moneys from all such warrants, checks, or drafts received hereunder, shall be used by you to purchase bonds or other securities selected by the Contractor and approved by the Public Body. For the purposes of each such purchase, you may follow the last written direction received by you from the Contractor, provided said direction otherwise conforms with the restrictions on investments recited herein. Attached is a list of such bonds, or other securities approved by the Public Body. Other bonds or securities, except stocks, may be selected by the Contractor, subject to express written approval of the Public Body. 2. The investments selected by the Contractor, approved by the Public Body, and purchased by you must mature on or prior to the date set for the completion of the contract, including extensions thereof. After the completion date of the contract, you shall not be required to invest the money held by you and derived from the sale or redemption of matured investments until authorized to do so by the Contractor and the Public Body, which authorization shall include the completion date of the extension. 3. 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 otherwise directed by the Contractor. 4. 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 moneys derived from the sale of such securities, or the negotiation of the Pubhc Body's warrants) except in accordance with the written instmctions from the Public Body. Compliance with such instructions shall relieve you of further liability related thereto. ESCROW AGREEMENT 1 of 2 5. In the event the Public Body orders you to do so in writing, 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 remm such money, together with any other moneys held by you, hereunder, to the Public Body. 6. The Contractor agrees to pay you for your services hereunder, compensation in accordance with your published schedule of Escrow Fees - Public Works Contracts. 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 Public Body directs the release to the Contractor of the securities and moneys 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 as provided for herein above. In the event that you are made a party to any litigation, with respect to the property held by you heretmder, or in the event that the conditions of this escrow are not promptly fulfilled, or that you are required to render any service 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. 7. This agreement shall not be binding until executed by the Contractor and the Public Body and accepted by you. 8. This instrument contains the entire agreement between you, the Contractor and the Public Body 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 binding upon the assigns, successors, personal representatives, and heirs of the parties hereto. The undersigned have read and hereby approve the instructions as given above governing the administration this escrow and do hereby execute this agreement on this 1st day of August 2002. Harbor Pacific Contractors, Inc. Cit~ of Bremerton (Contractor) (Public Body) 19628 144th Ave. NE, Suite A 239 4th Street Woodinville, WA 98072 Bremerton, WA 98337 (Aqldress)^ ,, ~ ~ Title: Title: ~t~ljOr Date Signed: /~{~/~r It 700~--' Date Signed: g-t~'~0~. The above escrow instructions received and accepted this /~'P~day of ~v~,~ o...q -~ o~ 002. Columbia State Bank By: ~-~., ~-f (Escrow Agent) (Autho rizfid'.//}~) ffi c er) ESCROW AGREEMENT 2 OF 2 +Browse: Next Previous First Last Update Delete Restart X - Exit + +Retrieve the Next record + +Found: 10 Record(s) MAINTAIN Contract Transactions + + Contract Number 4282 + + + +Vendor Name HARBOR PACIFIC CONTRACTORS INC + +Subject PUMP/VFD EQUIPMENT PURCHASE - WB-3 PS UPGP~ADE + +Department WWTP + +Status Code PUR + + Amount $533603.00 + + Begin Date 05/21/2002 + + Insurance End Date 09/30/2002 + + Type Amount Review Date 02/15/2004 + + GL $2000000.00 + + AL $1000000.00 + + + + Insurance Total $3000000.00 + + Insurance Review Date 01/01/2003 + + + + Comments VAULT 01/01/2004 + + + + + AGREEMENT THIS AGREEMENT is dated the 21~t day of May in the year 2002 by and between the City of Bremerton (hereinafter called OWNER) and Harbor Pacific Contractors, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall furnish the Goods and Special Services as specified or indicated in the OWNER'S Contract Documents entitled WB-3 PS Upgrade - Pump/VFD Equipment Purchase, ARTICLE 2. CONTRACT TIMES. The Goods shall be delivered no later that 150 calendar days after the date Notice to Proceed is issued. Special Services shall be completed within 14 calendar days after written notification that Owner's General Contractor has achieved Substantial Completion. Event Milestone Date 1. Notice to Proceed (Anticipated) April 29, 2002 2. Submit Shop Drawings to Engineer May 13, 2002 3. Shop Drawings Returned to Contractor May 20, 2002 4. Submit Initial O&M Manuals to Engineer June 14, 2002 5. Submit Final O&M Manuals to Engineer July 19, 2002 6. Deliver Goods September 23, 2002 7. Complete Special Services within 14 calendar days after written notification that Owner's General Contractor has achieved Substantial Completion. A delay in Event 1 will delay the other Events 2 - 6 accordingly. -1- ARTICLE 3. LIQUIDATED DAMAGES OWNER and the CONTRACTOR recognize that time is of the essence of this Agreement and that the OWNER will suffer financial loss if the Goods are not furnished within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions and Supplementary Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the OWNER if the Goods are not furnished on time. Accordingly, instead of requiring any such proof, the Owner and the CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) the CONTRACTOR shall pay the OWNER in accordance with the formula LD = PC/T (where LD is the liquidated damages per calendar day (rounded to the nearest dollar), P is the decimal equivalent of the payment percentage in Article 5.2, C is the original contract amount, and T is the original time for completion) for each day that expires after the time specified in Article 2 herein and all fines levied against the City. ARTICLE 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for the furnishing of the Goods and Special Services in accordance with the Contract Documents in current funds the amount set forth in the Bid Schedule(s). ARTICLE 5. PAYMENT PROCEDURES. 5.1 CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.2 OWNER shall make progress payment on account of the Contract Price on the basis of CONTRACTOR'S Application for Payments as recommended by ENGINEER, as provided below and in General Conditions: Event Percentage of Payment at Event Approval of Shop Drawings 10 Approval of Initial O&M Manuals 5 Delivery of Goods 55 Approval of Final O&M Manuals 10 Delivery of Final O&M Manuals 10 Completion of Special Services 10 -2- ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and Contractor concerning the WORK consist of this Agreement and the following attachments to this Agreement: · Notice Inviting Bids (Section 00300). · Instructions to Bidders (Section 00100). · Bid Forms including the Bid, Bid Schedule(s), Information Required of Bidder, Bid Bond, and all required certificates and affidavits (Section 00300). · Performance Bond (Section 00610). · Payment Bond (Section 00620). · General Conditions (Section 00700). · Supplementary Conditions (Section 00800). · Technical Specifications as listed in the Table of Contents. · Addenda Numbers __ to , inclusive. · Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Paragraph 3.04 of the General Conditions. ARTICLE 7. INDEMNIFICATION. The CONTRACTOR and the OWNER acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend and hold harmless the OWNER, ENGINEER, and DESIGN ENGINEER, their consultants, sub- consultants and the officers, directors, employees, and agents of each and any of them, against and from all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any performance of the WORK, but -3- not from the sole negligence or willful misconduct of the OWNER and/or the ENGINEER as further defined in the Contract Documents. ARTICLE 8. ASSIGNMENT. No assignment by a party hereto of any rights under the interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The OWNER, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an assignment for security purposes the OWNER may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the furnishing of Goods and Special Services and to pay subcontractors and suppliers. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. -4- IN WITNESS WHEREOF, OWNER and CONTRACTOR have caused this Agreement to be executed the day and year first above written. OWNER: CLtv~ Bremer~n CONTRACTOR: Harbor Pacific .~-~, C~ Inc. ~ ~ BY:-. ..~ ~ 5~ Cary Bo~'emi~r; MAYOR j [ ~,TE SEAL]-~, Roger kubovich, CITY A'I-I'ORNEY RECEIVED FOR FILING: SERVICES DIRECTOR -5-