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Contract Number 4282
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+Vendor Name
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HARBOR PACIFIC CONTRACTORS INC
PUMP/VFD EQUIPMENT PURCHASE - WB-3 PS UPGRADE
WWTP
PUR
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+
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=
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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
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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
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+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-