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WTR2702722_3
3. The Current Estimated General Contract Amount. The Owner represents that as of the date of this Agreement, the initial General Contract amount, as amended through approved change orders no. 1 to 5, of $922,928.06 has been decreased by payments through pay estimate no. 5 totaling $493,372.74 for a current estimated General Contract balance of $465,285.62 (including retention of $35 7, 30.70) through Pay Estimate # 5 (hereinafter "Estimated General Contract Amount"). (please see next page for Exhibit A) - -u 61 (x, nv-K I s7L-� 2153- ok 46-q1�6 fOM. AU) WA./ CWA wv - - /AvAAW 6U9 6-fl W- ez�tn� Original Contract Amount (including 8.6% sales tax) $915,166.77 Approved Change Orders: (including 8.8% sales tax) Change Order No. 1 $4,047.36 Change Order No. 2 $1,059.89 Change Order No. 3 $960.95 Change Order No. 4 $1,289.28 Change Order No. 5 $403.81 Estimated Total Contract Total After Change $922,928.06 CITY OF RENTON 4 Public Works Department CONTRACT CHANGE ORDER AGREEMENT CONTRACT: CAG-01-008 SOUTH DOWNTOWN WATER/STORM REPLACEMENT, C.O.# I PHASE I (WTR-27-2722/SWP-27-2722) CONTRACTOR: KATSPAN, INC. 13221 NE 126th PL. Kirkland, WA 98034 SUMMARY OF PROPOSED CHANGE: Re-establish vertical survey control due to damaged control from previous construction projects. Establish temporary benchmarks on site for use within construction area per Renton survey standards. Price is based on lump sum amount, plus sales tax: Lump sum $3,720.00 8.8% Sales Tax $327.36 Total C.O. #1 $4,047.36 ORIGINAL CONTRACT CURRENT CONTRACT ESTIMATED NET CHANGE ESTIMATED CONTRACT AMOUNT AMOUNT THIS ORDER TOTAL AFTER CHANGE $915,166.77 $915,166.77 $4,047.36 $919,214.13 SIGNATIJF'r" Contractor: Project En€ Approved I Date: 1 Date:.r O Date: A CITY OF RENTON Public Works Department CONTRACT CHANGE ORDER AGREEMENT CONTRACT: CAG-01-008 SOUTH DOWNTOWN WATER/STORM REPLACEMENT, C.O.# 2 PHASE 1 (WTR-27-2722/SWP-27-2722) CONTRACTOR: KATSPAN, INC. 13221 NE 126th PL. Kirkland, WA 98034 SUMMARY OF PROPOSED CHANGE: Extra time to locate and manually dig around concrtete encased sewer pipe and to tunnel beneath at approximately Sta. 56+35. Labor $449.40 20% $ 89.88 Equipment $378.16 15% $ 56.72 Material 0 5% 0 Sub Total: $ 974.16 8.8% Sales Tax $ 85.73 Total C.O. # 1 $1,059.89 ORIGINAL CONTRACT CURRENT CONTRACT ESTIMATED NET CHANGE ESTIMATED CONTRACT AMOUNT AMOUNT THIS ORDER TOTAL AFTER CHANGE $915,166.77 $919,214.13 $1,059.89 $920,274,02 Project Engineer: Approved By: Date: Date: Date: 04 CITY OF RENTON Public Works Department CONTRACT CHANGE ORDER AGREEMENT CONTRACT: CAG-01-008 SOUTH DOWNTOWN WATER/STORM REPLACEMENT, C.O.# 3 PHASE 1 (WTR-27-2722/SWP-27-2722) CONTRACTOR: KATSPAN, INC. 13221 NE 126th PL. Kirkland, WA 98034 SUMMARY OF PROPOSED CHANGE: Extra time and materials to install additional 45' bends and shackle rods for fire hydrant assembly at Sta. 54+03 due to side sewer interference at original hydrant run location. Labor $423.51 20% $ 87.02 Equipment 0 15% 0 Material $375.02 5% $ 17.86 Sub Total: $ 883.23 8.8% Sales Tax $ 77.72 Total C.O. # 1 $ 960.95 ORIGINAL CONTRACT CURRENT CONTRACT ESTIMATED NET CHANGE ESTIMATED CONTRACT AMOUNT AMOUNT THIS ORDER TOTAL AFTER CHANGE $915,166.77 $920,274.02 $960.95 $921,234.97 SIGNATURES: Contractor: Project Engi Approved B Date: 2 O \ Date: Date: CITY OF RENTON Public Works Department CONTRACT CHANGE ORDER AGREEMENT CONTRACT: CAG-01-008 SOUTH DOWNTOWN WATER/STORM REPLACEMENT, C.O.# 4 PHASE I (WTR-27-2722/SWP-27-2722) CONTRACTOR: KATSPAN, INC. 13221 NE 126th PL. Kirkland, WA 98034 SUMMARY OF PROPOSED CHANGE: Establish property corners for verification of construction staging area. Price is bases on a lup sum amount, plus sales tax. Lump Sum $1,185.00 8.8% Sales Tax $104.28 Total C.O. #1 $1,289.28 ORIGINAL CONTRACT CURRENT CONTRACT ESTIMATED NET CHANGE ESTIMATED CONTRACT AMOUNT AMOUNT THIS ORDER TOTAL AFTER CHANGE $915,166.77 $921,234.97 $1,289.28 $922,524.25 SICiNA 1 UK Contractor: Project Engi Approved B. Date: Z Date: S Z Date: ��� A CITY OF RENTON Public Works Department CONTRACT CHANGE ORDER AGREEMENT CONTRACT: CAG-01-008 SOUTH DOWNTOWN WATER/STORM REPLACEMENT, C.O.# 5 PHASE 1 (WTR-27-2722/SWP-27-2722) CONTRACTOR: KATSPAN, INC. 13221 NE 126th PL. Kirkland, WA 98034 SUMMARY OF PROPOSED CHANGE: Remove CB 24A for a bone evaluation, temporary sheet over the exposed hole, cold mix the site, await anthropological analysis and direction. Clean-up of site was on overtime hours. Labor $222.32 20% $ 44.46 Equipment $90.76 15% $13.61 Material 0 5% 0 Sub Total: $ 371.15 8.8% Sales Tax $ 32.66 Total C.O. #5 $ 403.81 ORIGINAL CONTRACT CURRENT CONTRACT ESTIMATED NET CHANGE ESTIMATED CONTRACT AMOUNT AMOUNT THIS ORDER TOTAL AFTER CHANGE $915,166.77 $922,524.25 $403.81 $922,928.06 SIGNATURRS �� Contractor: Project Engi Approved B Date: �Z b Date: Date: TO: FINANCE DIRECTOR FROM: PUBLIC WORKS ADMINISTRATOR COPY \U1 ' VTRACTOR: Katspan, Inc. C/O Travelers Casualty & Surety Company GoNTRACT NO. CAG-01-008 ESTIMATE NO. 5 Closing Date 07-20-01 PROJECT: South Renton Water Main/Storm Sewer Replacement Phase I 1. CONTRACTOR EARNINGS THIS ESTIMATE $61,131.38 2. SALES TAX @ 8.80% $5,379.57 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $66,510.95 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $396,785.82 5. EARNINGS DUE CONTRACTOR THIS ESTIMATE $53,791.81 6. SUBTOTAL - CONTRACTOR PAYMENTS $450,577.63 7. RETAINAGE ON PREVIOUS EARNINGS $28,390.73 8.'` RETAINAGE ON EARNINGS THIS ESTIMATE $7,339.57 9. SUBTOTAL - RETAINAGE $35,730.30 10. SALES TAX PREVIOUSLY PAID $37,415.54 11. SALES TAX DUE THIS ESTIMATE $5,379.57 12. SUBTOTAL - SALES TAX $42, 795.11 (95% x LINE 1, less retainage on line 8) (RETAINAGE 5% of line 1, plus $4283.00 for claims filed.) GRAND TOTAL: $529,103.04 FINANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR (Lines 5 and 11): ACCOUNT 421.000500.018.5960.0034.65.55290/55290/5354 $37,177.32 ACCOUNT 421.000600.018.5960.0038.65.65380/65380/5354 $21,994.06 # 5 RETAINED AMOUNT (Line 8): ACCOUNT 421.000500.018.5960.0034.65.55290/55290/5354 421.000600.018.5960.0038.65.65380/65380/5353 CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION I, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM $6,280.13 $1, 059.44 # 5 TOTAL THIS ESTIMATE: Signed: AJ / -7 Printed On: 7/20/01 j City of Pldntgfi Public Works Department $59,171.38 $7,339.57 $66,510.95 Page 1 Project South Renton Water Main/Storm Sewer Replacement Phase I Contract Number. CAG-01-008 for Katspan, Inc. C/O Travelers Casualty & Surety Company Pay Estimate Closing Date: q-r6/20101 Item Description Unit Est Unit Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount 001. Mobilization & Demobilization Lump Sum 1 $70,000.00 1 $70,000.00 0.00 $0.00 1.00 $70,000.00 002_ Trench Excavation Safety Systems Lump Sum 1 $3,500.00 0.52 $1,820.00 0.18 $630.00 0.70 $2,450.00 003. Construction and As -built Survey Data Lump Sum 1 $5,500.00 0.7 $3.850.00 0.00 $0.00 0.70 $3.850.00 004, Traffic Control Lump Sum 1 $15,000.00 0.52 $7,800.00 0.18 $2,700.00 0.70 $10,500.00 005. Temporary Erosion/Sedimentation Controls Lump Sum 1 $1,500.00 0.52 $780.00 0.18 $270.00 0.70 $1,050.00 006. 12" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 3450 $55.00 2120 $116,600.00 85.00 $4,675.00 2205.00 $121,275.00 007. 10" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 300 $35.00 135 $4,725.00 48.00 $1,680.00 183.00 $6,405.00 008. 8" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 35 $30.00 5 $150.00 45.00 $1,350.00 50.00 $1,500.00 009. 6" Ductile Iron Pipe, CI. 52 (Poly Wrapped) Linear Foot 60 $27.00 0 $0.00 0.00 $0.00 0.00 $0.00 010. 4" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 36 $24.00 0 $0.00 35.00 $840.00 35.00 $840.00 011. 12" gate valve assembly (no Vauft) Each 19 $1.250.00 8 $10,000.00 2.00 $2,500.00 10.00 $12.500.00 012. 10" gate valve assembly (no Vault, Each 13 $1,050.00 5 $5.250.00 0.00 $0.00 5.00 $5,250.00 013. 8" gate valve assembly (no Vauft) Each 2 $650.00 1 $650.00 0.00 $0.00 1.00 $650.00 014. 6" gate valve assembly (no Vault) Each 2 $500.00 0 $0.00 0.00 $0.00 0.00 $0.00 015. 4" gate valve assembly (no Vauft) Each 1 $350.00 1 $350.00 0.00 $0.00 1.00 $350.00 016. Furnish & Install 24" x 12" Tapping G.V. Assembly Each 2 $3.450.00 2 $6,900.00 0.00 $0.00 2.00 $6,900.00 017. Furnish & Install 18" x 12" Tapping G.V. Assembly Each 2 $3,250.00 1 $3,250.00 0.00 $0.00 1.00 $3,250.00 018. Fire Hydrant Assembly Each 17 $2,250.00 10 $22,500.00 3.00 $6,750.00 13.00 $29,250.00 019. 3/4" Water Service Connection Each 60 $650.00 17 $11,050.00 0.00 $0.00 17.00 $11,050.00 m0. 1" Water Service Connection Each 1 $600.00 0 $0.00 0.00 $0.00 0.00 $0.00 1-12" Water Service Connection Each 2 $1.250.00 0 $0.00 0.00 $0.00 0.00 $0.00 022. 2" Water Service Connection Each 1 $1,350.00 0 $0.00 0.00 $0.00 0.00 $0.00 023. Connection to existing water main Each 11 $1.250.00 4 $5,000.00 0.00 $0.00 4.00 $5,000.00 024. Concrete for Thrust Blocking, Dead -Man Anchor Blocks Cubic Yard 30 $150.00 27.75 $4,162.50 9.75 $1,462.50 37.50 $5.625.00 025. Removal of Existing fire hydrants, valve boxes & other appurtenances 026. Furnish & Install 18"CPEP Storm Pipe 027. Furnish & Install 12" CPEP Storm Pipe 028. Furnish & Install 18" Ductile Iron Storm Pipe 029. Furnish & Install 12" Ductile Iron Storm Pipe 030. Furnish & Install CB Type -II, 48-Inch 031. Furnish & Install CB Type -I 032. Side Sewer Adjustment Lump Sum 1 Linear Fool 373 Linear Foot 2519 Linear Foot 292 Linear Foot 483 Each 28 Each 42 Each 30 $1,000.00 $2Z00 $20.00 $40.00 $30.00 $2,000.00 $850.00 $500.00 033. Remove & Dispose Existing Storm Manholes Each 3 $400.00 034. Remove & Dispose Existing Storm Water Pipe (Including Pipe Plugs) Lump Sum 1 $1,150.00 035. Remove & Dispose Existing Catch Basin Type4 Each 9 $350.00 036. Remove & Replacement of Unsuitable Foundation Material Ton 330 $25.00 037. Furnish & Install Quarry Spalls Ton 175 $18.00 038. Select Imported Trench Backfill Ton 2675 $12.00 039. Crushed Surfacing Top Course & Crushed Rock Backfill Ton 970 $18.00 040. Controlled Density Fill Cubic Yard 12 $90.00 041. Asphalt Patch Class B Ton 620 $65.00 042. Asphalt Patch Class B, or ATB for Temp. Patch Ton 1200 $60.00 Remove & Replace Sidewalk & Driveway Square yard 40 $40.00 Remove & Replace Curb & Gutter Linear Fool 150 $20.00 0 $0.00 0.00 $0.00 0.00 $0.00 134 $3,618.00 12.00 $324.00 146.00 $3.942.00 763 $15,260.00 3&00 $760.00 801.00 $16,020.00 192 $7,680.00 0.00 $0.00 192.00 $7,680.00 84 $2,520.00 22.00 $660.00 106.00 $3.180.00 10 $20,000.00 1.00 $2,000.00 11.00 $22,000.00 4 $3,400.00 3.00 $2,550.00 7.00 $5,950.00 5 $2,500.00 0.00 $0.00 5.00 $2,500.00 2 $800.00 0.00 $0.00 2.00 $800.00 0 $0,00 0.00 $0.00 0.00 $0.00 0 $0.00 0.00 $0.00 0.00 $0.00 51.65 $1,291.25 0.00 $0.00 51.65 $1,291.25 81.15 $1,460.70 0.00 $0.00 81.15 $1,460.70 2452.87 $29,434.44 524.99 $6,299.88 2977.86 $35,734.32 1200.94 $21,616.92 143.10 $2,575.80 1344.04 $24,192.72 0 $0,00 &00 $0.00 0.00 $0.00 0 $0.00 294.00 $19,110.00 294.00 $19,110.00 438.62 $26,317.20 66.57 $3,994.20 505.19 $30,311.40 90.05 $3,602.00 0.00 $0.00 90.05 $3,602.00 134 $2,680.00 0.00 $0.00 134.00 $2,680.00 Project South Renton Water Main/Storm Sewer Replacement Phase I / Contract Number. CAC-01-008 r >r Katspan, Ina C/O Travelers Casualty 8 Surety Company Pay Estimate -4, Cbs Date: �iQO/07 Item Description Unit Est Unit Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount 045. 046. 047, 048, Remove, Restore,Lawn, Landscaping Restoration Replace, Pavement Markings 8 Traffic Buttons Re -Establish Monumnets CO# 1 reestablish vertical survey control Lump Sum Lump Sum Each Lump Sum 1 1 4 1 $7,500.00 $2,750.00 $250.00 $3,720.00 0.1 0.1 0 1 $750M $275.00 $0.00 $3,720.00 0.00 0.00 0.00 0.00 $0.00 $0.00 $0,00 $0.00 0.10 0.10 0.00 1.00 $750.00 $275.00 $0.00 $3,720.00 049. Change Order #2 Extra excavation due to concrete encased sewer main Each 1 $974.16 1 $974.16 000 $0.00 1.00 $974.16 050. Change Order#3 Extra excavation and materials for F.H. at Sta. 54+03 Each 1 $883.23 1 $88323 0.00 $0.00 1.00 $883 23 051. Change Order # 4 Establish property comers for Staging Area Lump Sum 1 $1,1a5.00 1 $1,185.00 0.00 $0.00 1.00 $1,1a5.00 052, Change Order #5 Remove CB ##24A for anthroplogical analysis of trench Each 1 $371.15 1 $371.15 0.DO $0.00 1,00 5371 15 Subtotal $425,176.55 $61,131.38 $486,307.93 8.8% Sales Tax $37,415.54 $5,379.57 $42,795.11 7T Total $462,592.09 $66,510.95 $529,103.04 /�f � %/#> J/ 0 CONTRACTORS SERVICES, INC. Legal Department P.O. Box 5075 Lynnwood, WA 98046 Tel. 425 670 8139 Fax. 425 776 1855 July ll. 2001 SECEIVED JUL j To City of Renton 1055 S Grady Way. sth "Floor OF RENTON " Renton, WA 98055 Cil1T`fSYSTEMS Re: Owner: City of Renton Contractor: Katspan, Inc. Property: City . of Renton," Downtown Water & Storm . Improvement Lien # 7%39 This firm is agent for South Central Concrete, Inc., a . contractor, who furnished labor, materials, and/or, supplies for the improvement . of real' property located at. City of Renton, Downtown Water & Storm Improvement. We areenclosing enclosing a Notice of Claim Against Bond and Retained Percentage for the .sum of a4;283.0*0. interest accrues at the rate of 12%'per annum from the date of the lien claim until it is paid. Please contact me immediately; if you' have any, questions QsncereI , hley, , Ro ertso THIS NOTICE IS FOR THE PURPOSE OF COLL G A DEBT ANY INFORMATION OBTARgM WILL BE USED FOR THAT PURPOSE EPcp . Enclosure Me General Contractor cc: -Bond Company Another Claim Against Bond and Retained Percentage filed by Construction Lien & Credit Services, • Inc. For Release Call (425) 670 8139 Filed for Record at the Request of: # 7 8 3 9 CONTRACTORS SERVICES,INC. Y.O. Box 5075 Lynnwood WA 98046 5075 RECEIVED NOTICE OF CLAIM AGAINST BOND JUL 19 2001 CITY OF RENT©ti a n d UTILITY SYSTEMc NOTICE OF CLAIM AGAINST RETAINED PERCENTAGE RCW 39.08.030 AND RCW 60.28.010 T O City of Renton 1055 S Grady Way 5th Floor Renton, WA 98055 (reputed owner) Katspan, Inc: Travelers Casualty Surety Co. of America 13221 NE 126th PI 3455 S 344th Way #200 Kirkland, WA 98034 Auburn, WA 98001 (general contractor) (Bond surety company) NOTICE IS HEREBY GIVEN that the undersigned, South Central Concrete, Inc., has a claim in the sum of $4,283.00 which includes lien fees in the amount of $325.00 and costs of $50.00, together with interest at the rate of 12% per annum from Wed, May 30, 2001, against e bond taken from Katspan, Inc. as principal, and Travelers Casualty Surety Co. of America as surety, Bond No. 103355963, and against the retained percentage withheld by City of Renton for the labor and or materials supplied for the job located at City of Renton, Downtown Water & Storm Improvement. Dated: Wednesday, July 11, 200I South Central Concrete, Inc., Claimant ey Tbbertson Claimant's address is: 112A Wakefield Dr, Centralia, Wa 98531 Another Claim Against Bond and Retained Percentage filed by Construction Lien & Credit Services, Inc. For Release Call (425) 670 8139 State of Washington ^Department of Revenue R-'E�ZNUE Com fiance Procedures &. Admin. Registration Number 601 341 325 PDX.lx 47473 Olympia, WA 98504-7473 NOTICE AND ORDER TO WITHHOLD AND DELIVER (Continuing Levy) To: City Of Renton Attn Tracy Schuld 1055 S Grady Way Renton WA 98055 County Cause Number Warrant Number Judgment Judgment Amount Due King-Knt 01-2-23133-2 025201A 08/29/2001 $358,433.34 $368,466.27 You are hereby notified that there is now due, owing and unpaid, to the State of Washington $ 368 466.27 from the taxpayer whose name appears below, the sum of TOTAL AMOUNT DUE ' 1. You are required to answer the undersigned Revenue Officer at the office address listed below, within TWENTY (20) DAYS of the date you receive this Notice. 2. You must state in writing and under oath in what amount you are or will become indebted to the below named taxpayer and what funds, property, or effects of this taxpayer you may have in your possession and you must immediately deliver such funds or property to the same Revenue Officer or furnish a bond satisfactory to the Department of Revenue until final liability is determined. 3. This notice shall remain in effect until the Department issues an official, written release. Due to the nature of the debt, additional interest may accrue causing the total due to increase. 4. Checks or money orders should be made payable to "Department of Revenue, State of Washington." 5. Date of service means this levy is in effect as of the date it is personally served or date of receipt via certified mail. Failure to comply with the requirements of this Notice within the prescribed time is unlawful and you may be held liable for the full amount due, together with costs if judgment by default is rendered against you by the court. (RCW 82.32.235) iEE SPECItlU 1NS1'KUC'1'I0NS UN THE FCEVEKSE rUK: financial Institutions; Employers; of Utner rersons or rnuues. In The Matter Of The Tax Judgment Against: KATSPAN INC PMB #118 6947 COAL CREEK PARKWAY SE NEWCASTLE WA 98059 (Issuing By (Serving Officer, if other than above) Date of Personal Service Date of Certified Mailing ot al „% 9 STATE OF WASHINGTON v/,/`� DEPARTMENT OF REVENUE Contact: Kim Fitzpatrick Address: Cascade East Building 20819 - 72Nd Ave S Kent WA 98032 2318 Taxpayer Phone: 253 437-3451 REV 32 0001 F-1-2 (2-10-98) Service Copy „ CITY OF RENTON MAL R Planning/Building/Public Works Department Jesse Tanner, Mayor Gregg Zimmerman P.E., Administrator October 29, 2001 Mr. David M Gebauer State of Washington Department of Revenue Cascade East Building 20819 — 72"d Ave S Kent, WA 98032-2318 SUBJECT: KATSPAN, INC. - NOTICE AND ORDER TO WITHHOLD AND DELIVER Mr. Gebauer: This is a response to the subject notice dated October 10, 2001. On July 31, 2001, Katspan Inc. filed the attached notice of default of its contract with the City of Renton. The City has made three progress payments to Katspan in the total amount of $418,766.41 for work done for the installation of water main and storm sewer lines. Copies of pay progresses # 1, 2 and 3 are attached. In addition, the City retained a total amount of $20,171.80 as of June 5, 2001. On August 28, 2001, the City entered into a takeover agreement with Travelers Casualty and Surety Company of America, the bonding company for Katspan. A copy of the notice of default and of the takeover agreement is attached. The City made subsequent progress payments #4, 5, 6, 7, and 8 to Travelers Casualty Co. in the amount of $315,905.28, and retained an additional $27,181.77 for work done on the project by Travelers' contractor Northwest Cascade Inc. This project is nearing completion and we expect to process a final payment estimated at $133,141 to Travelers Casualty Co., by the end of November 2001. The original contract amount with Katspan is $915,166.77. If you have any questions or need additional information, please contact the City's project manager Rick Moreno at (425) 430-7208 or myself at 425-430-7210. Sincerely, 4%VC� Abdoul Gafour Water Utility Engineering Supervisor cc: Tracy Schuld -Finance Dept. Rick Moreno, Allen Quynn Attachments "SbY.tfti' 'dy M-76'fiTo�, "&siiftfbn 98055 8 This paper contains 50% recycled material, 30% post consumer DRAFT CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: July 31, 2001 TO: Larry Warren — City Attorney *dVFROM: Abdoul Gafour (ext. 7210) VIA: Lys Hornsby SUBJECT: Notice of Default of Contract from Katspan, Inc. Larry: The bonding company faxed us today a copy of the attached notice of default of contract from Katspan, Inc. Gerald Ormiston of Travelers Bond is drafting a takeover agreement with Katspan and will forward it to the City for review by tomorrow. He intends to hire a different contractor Northwest Cascade Inc., to complete this contract. Northwest Cascade Inc. plans to start work on Monday August 6, 2001, subject to the City's approval of all required documents. Could you please give us your opinion on the following questions? 1- Does the City need to terminate the contract with Katspan Inc. before transferring the remaining work to the bonding company? 2- Does the City need to enter into a new contract with the bonding company or with its contractor? 3- Do we need proof of insurance and bond from the bonding company's contractor to complete this work? 4- Could you please review the attached draft response to Katspan's notice of default and let us know if there are any additional documents that the City needs to execute to transfer this work to the bonding company and its contractor. Thank you for your help on this matter. H/water/ag /S.Downtown/memo-2_city_attorney CITY OF RENTON ..tl Planning/Building/Public Works Department Jesse Tanner, Mayor Gregg Zimmerman P.E., Administrator June 13, 2001 Gerald Ormiston, Bond Claims Manager Travelers Casualty & Surety Company 3455 South 344th Way, Ste. 200 Auburn, WA 98001 SUBJECT: RETAINAGE WITHOLDING FOR KATSPAN PROJECT, CAG-01-008 Dear Gerry: The City of Renton will issue future progress payments for the subject contract with Katspan, Inc. to Travelers Casualty & Surety Company of America, as directed by your request dated June 8, 2001, and the assignment of funds signed by Katspan, Inc. on June 8, 2001. In our next payment check, the City will withhold additional retainage, over and above the required 5% minimum, in the amount of $16,734.90 to cover two outstanding claims fled by The Fleur Company and Cascade Sawing and Drilling. Copies of these claims are attached. The City will issue a payment check in the amount of $ 109,042.07 on June 19, 2001. A copy of the pay estimate is enclosed. The additional retainage will be released to your company upon our receipt of release of claims from the above claimants. If you have any questions regarding this matter, please call me at (425) 430-7208. Sincerely, Rick Moreno Project Manager Attachments cc: Abdoul Gafour Ron Straka Allen Quynn Tracy Forler \2001-347. doc\RLM:I f 1055 South Grady Way - Renton, Washington 98055 ® This paper contains 50 % recycled material, 20% post consumer CITY OF RENTON TR Planning/Building/PublicWorks Department Jesse Tanner, Mayor Gregg Zimmerman P.E., Administrator May 31, 2002 Mr. Gerald M. Ormiston Travelers 3455 S. 344'h Way, Suite 200 Auburn, WA 98001 Sent via U.S. mail and faxed to Travelers at 253-946-7156 on 5131102-10 am SUBJECT: RELEASE OF RETAINAGE TO DFEPARTMENT OF REVENUE CAG-01-008- City of Renton S. Downtown Water Main and Storm Sewer Replacement Dear Mr. Ormiston: This is to inform you that the City will release the total retained amount of $59,759.29 for the above contract to the Department of Revenue. A copy of the certificate of lien dated February 14, 2002 and Notice and Order to Withhold and Deliver dated January 30, 2002 from the Department of Revenue are attached. A copy of both documents was faxed to you on April 1, 2002. You can contract Kim L. Deyo from the Department of Revenue Public Works contract section at 360-570-5962 if you have any questions regarding the order for the release of retainage. If you have any additional questions, please call me at 425-430-7210. Thank you for your assistance on this matter. Sincerely, Awut-,4tw� Abdoul Gafour Water Utility Engineering Supervisor cc: Mr. Larry Warren — City Attorney Tracy Schuld -Finance Department Attachments: Certificate of lien from Dept. of Revenue Notice and Order from Dept. of Revenue 1055 South Grady Way - Renton, Washington 98055 ® This paper contains 50% recycled material, 30 % post consumer RENTON AHEAD OF THE CURVE CAG-01-008 Adden #1-01 TAKEOVER AGREEMENT BETWEEN TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA CITY OF RENTON This is a Takeover Agreement dated August FA , 2001 between Travelers Casualty and Surety Company of America ("Surety") and the City of Renton, Washington, a municipal corporation of the State of Washington ("Owner"). 0=(-ITA I C A. On or about March 14, 2001, Owner entered into a Contract for the South Downtown Water Main & Storm Sewer Replacement Phase 1, Contract No. CAG-01-008 (hereinafter "General Contract") with Katspan, Inc., (hereinafter "Principal") B. As required by the General Contract, Surety and Principal jointly issued a "Bond to the City of Renton" numbered 103355963 dated March 14 , 2001 in the amount of $912,995 naming the Owner as Obligee (hereafter "Bond"). C. By letter dated July 31, 2001 Principal informed Owner of its inability to complete the General Contract and requested that Owner and Surety take such action as they deem necessary or desirable under the General Contract and the Bond to ensure completion of the project. D. As of the date of Principal's default, work remained to be performed under the General Contract (hereinafter "Remaining Work") E. Surety has agreed to complete the Remaining Work, subject to the terms and conditions of this Agreement. Takeover Agreement - Page 1 of 1 NOW, THEREFORE, based on the exchange of valuable consideration, the receipt and sufficiency of which is acknowledged, and based on the Recitals set forth above which form a part of this Agreement, Surety and Owner agree to the following terms and conditions: TERMS AND CONDITIONS 1. Recitals. The above recitals and the terms and conditions are contractual and not merely recitals and the agreements contained herein and consideration transferred are to satisfy rights and obligations between Owner and Surety. 2. Incorporation of the General Contract. The General Contract is incorporated by reference into this Agreement, including, without limitation, the Instructions for Bidders, the General Contract Terms and Conditions, the Plans or Drawings, and any Special Conditions and Specifications, and all addenda and modifications to those documents issued in accordance with the General Contract. The General Contract also includes, and is modified by any approved Change Orders identified in attached Exhibit "A". 3. The Current Estimated General Contract Amount. The Owner represents that as of the date of this Agreement, the initial General Contract amount, as amended, of $922,928.06 (consisting of original contract balance of $915,166.77 and approved Change Orders #1 - #5 totaling $7,761.29) has been decreased by payments through pay estimate #5 totaling $$493,372.74 (comprised of $450,577.63 on line 6 of pay estimate #5 and sales tax (100%) of $42,795.11) for a current estimated General Contract balance of $$465,285.62 (including retention of $35,730.70) through Pay Estimate #5 (hereinafter "Estimated General Contract Amount"). The final amount to be paid under the General Contract, and this Takeover Agreement — Page 2 of 21 Agreement, shall be derived based on the work in place, valued at the unit and/or lump sum prices set under the General Contract. Except for potential liquidated or delay damages, Owner represents that there are presently no other pending or contemplated backcharges in favor of Owner, or other claims of Owner against Principal related to the General Contract or the Project, which might result in any decreases in, or withholding from, the amount, including the retainage, remaining to be paid under the General Contract. The Estimated General Contract Amount shall be increased by the value of any proposed Change Orders subsequently approved by the Owner. The Owner agrees that the Estimated General Contract amount is dedicated to and will be applied to the completion of the General Contract pursuant to this Agreement. 4. Percentage of Completion and Prior Payments. Owner represents that, as of the date of this Agreement, Principal and/or Surety, for the account of Principal, have been paid $493,372.74through Payment Requisition No. 5 under the General Contract, and that the Owner is presently holding accrued retainage of $35,730.70under the General Contract. Final payment, including the payment of all accrued retainage, under the General Contract and this Agreement, shall be subject to the Owner's final quantification and approval of the work provided under the General Contract and satisfaction of all other contractual requirements imposed by the General Contract as a condition precedent to such final payment excluding however any such requirements regarding payment by or on behalf of Principal of its subcontractors, vendors or taxes, but not taxes owed pursuant to Chapter 60.28 RCW entitled Liens for labor material, taxes on public works. 5. Liens and Assignments Against General Contract Funds. Owner represents that as of the date of this Agreement, assignments or encumbrances against the Contract Funds identified in Exhibit "B" have been filed with, or served upon Owner in connection with the General Contract. Owner represents that it is Takeover Agreement — Page 3 of 3 not aware of any other assignments or encumbrances (hereinafter "Contract Fund Creditors") against the Contract Funds in connection with the General Contract. Surety shall defend (at Surety's expense, using its counsel), indemnify and hold harmless Owner and all of its directors and employees from and against any and all claims of every description made by the Contract Fund Creditors arising as a consequence of payments made to Surety under this Agreement. The Surety's defense and indemnity obligations to the Owner for claims by Contract Fund Creditors shall be limited to: (i) the total amount paid by the Owner to the Surety pursuant to this Agreement with respect to those third parties who do not qualify as "Claimants" under the Bond, or (ii) the penal amount of the Bond with respect to those third parties who do qualify as "Claimants" under the Bond. 6. Surety to Perform Remaining Work. Surety shall be responsible for the completion of the Remaining Work. Surety shall perform the Remaining Work through one or more Completing Contractors (hereinafter "Completing Contractor") which it shall engage. All Completing Contractors shall be subject to the qualification requirements of the Owner imposed by the General Contract for those entities performing the type of work contemplated by the General Contract. 7. Owner's Obligations Under the General Contract. Except to the extent provided in this Agreement, Owner and Surety shall have all rights, obligations and responsibilities under the General Contract with respect to each other, to the same extent and effect as if Surety had executed the General Contract initially instead of Principal and Principal had not defaulted. 8. Owner's Right With Respect to Changes in the Work. Owner reserves the right, to the extent appropriate under the General Contract, to issue further Change Orders. The terms of these Change Orders, including the attendant extensions of time and valuation of the Change Order work, shall be determined as provided in the General Contract. Surety reserves the right to refuse to perform any Takeover Agreement — Page 4 of 4 extra or additional work if such work constitutes alone, or in the aggregate with all prior Change Order work, a cardinal change (meaning significant change in design, nature or location of the work) under the General Contract. Further, in the event the Owner seeks the performance of additional work that is not subject to valuation by application of the unit and/or lump sum prices set under the General Contract, it shall negotiate the appropriate value for such work with Surety. 9. Schedule for Completion of Remaining Work and New Completion Date. Surety, through its Completing Contractor or Contractors, will coordinate and cooperate with Owner in formulating a schedule for the completion of the Remaining Work. Further, Owner agrees to grant Surety the full benefit of whatever extensions of time and other associated relief, including for excusable delays that are appropriate under the General Contract. Owner reserves the right to assess liquidated damages against the surety in accordance with the General Contract in the event the work required by the General Contract is not completed by the Completion Date as adjusted for any allowable time extensions. 10. Completing Contractors. Each Completing Contractor shall be a subcontractor to Surety, and no contractual relationship, pursuant to this Agreement, shall exist between Owner and any Completing Contractor. Each Completing Contractor shall provide all insurances required under the Subcontract, but shall not be required to provide payment and/or performance bonds, unless requested to do so by Surety. Surety reserves the right to terminate its Contract with a Completing Contractor at any time, upon three days' prior written notice to Owner and to contract with another Completing Contractor. Routine day-to-day operations and decisions as to the manner of performance of the Remaining Work shall be made by the Completing Contractors, subject to the terms and conditions of the General Contract, provided, however, that the Completing Contractors have no authority to: (i) agree to any changes in the General Contract or Remaining Work; Takeover Agreement — Page 5 of 5 (ii) agree to any Change Orders; (Ili) agree to any backcharges or deductions of any nature; (iv) agree to any schedule changes; (v) agree to any adjustments in the General Contract amount or Remaining Work; or (vi) agree to perform warranty work of the Principal or future corrective work as a result of latent defect(s) in the work performed by the Principal, without the Surety's prior express written consent which shall be delivered to Owner as a condition precedent to the Completing Contractor(s) negotiating items (i) through (vi). The Remaining Work shall be subject to inspection and acceptance by the Owner, as provided in the General Contract. A copy of all written communication by Owner directed to a Completing Contractor shall be forwarded to Surety on a current basis by telecopier. All communications concerning matters of contract administration (i.e., contractual or other notices required by law, payments, Change Orders, extensions of time, delays, claims, among other matters) shall be communicated to a Completing Contractor only in writing, with a copy forwarded to Surety on a current basis by telecopier. 11. Payments to Surety Release of Bond upon Exhaustion of Bond's Penal Amount. The Estimated General Contract Amount shall be paid to Surety as it completes the Remaining Work: (i) in periodic, monthly payments, based on the value of the work in place, or stored, calculated in accordance with the unit and lump sum prices set under the General Contract, less retainage withheld in accordance with the General Contract; and (ii) in a final payment once the Remaining Work is entirely complete, based on the Owner's final review, quantification and acceptance of the Remaining Work, valued in accordance with the unit and lump sum prices set under the General Contract, and in satisfaction of all other conditions precedent established under the General Contract for final payment. Surety agrees to expend such of its own funds as may, from time to time, be necessary to pay for completion of the Remaining Work and to pay appropriate Takeover Agreement — Page 6 of 6 claims; provided, however, that Surety's performance and payment obligation, over and above the amount paid by the Owner and received by the Surety under this Agreement, shall, in no event, exceed, and it is hereby expressly limited to, the expenditure of the penal amount of the Bond as reduced by all amounts expended by Surety including, but not limited to, all expenditures made to complete the Remaining Work, and satisfy all claims under the Bond. For each dollar the Surety so expends pursuant to the Bond, the Surety shall receive a corresponding dollar for dollar reduction in the penal amount of the Bond. If, out of its own funds, the Surety either expends, or is committed to expend, the full penal amount of the Bond for any one or more of the following: (i) for work completed under the General Contract; (ii) for work in progress under the General Contract; or (iii) for all damages and settlements arising from claims under the Bond, then the Surety shall have no further obligation of any description to Owner arising out of, or in connection with, the Bond, and Surety's completion of the work, at the Surety's option, will cease. The Owner will remain obligated to pay Surety all earned amounts due under the General Contract, or this Agreement, including retention, notwithstanding the Surety ceasing work. Surety agrees to use its best efforts to notify Owner of its intention to cease work 30 calendar days before the exhaustion of the Bond's penal amount. All payments made by Surety previously, and those made in the future, have been and will be credited against the penal amount of the Bond, less the amount paid to Surety under the General Contract. Nothing in this Agreement constitutes a waiver of such penal amount or an increase in the liability of the Surety under the Bond. Surety agrees to investigate all proper payment claims made against it, but shall have the right to settle, compromise, defend, appeal, pay or dispute such claims as it, in its sole and complete discretion, may deem appropriate. In no event shall the Owner withhold any portion of the Estimated General Contract Amount, except for statutory retainage, on account of claims, liens, suits or demands by Takeover Agreement — Page 7 of 7 person or entities furnishing or alleging to have furnished labor and/or materials to the Project; provided, however, that the Surety shall defend, indemnify and hold harmless the Owner from any loss which may arise by virtue of such claims, liens, suits and demands, subject to the penal amount of the Bond, as reduced by the payments made by the Surety pursuant thereto. 12. Payment Requisitions. Surety, through its Completing Contractor or Contractors, shall submit to the Owner whatever information or documentation is required regarding the work performed under the General Contract, and stored materials, to conform to and support the requisition process and schedule established under the General Contract. Owner recognizes that Surety shall be completing the Remaining Work through the services of one or more Completing Contractors. Accordingly, Owner shall accept the Completing Contractors' representations and certifications with respect to all aspects of the work, progress of the work, quality of the worts, conformance of the work to the requirements of the General Contract, payments to others, warranty and maintenance of the work, and all other matters pertinent to the General Contract, wherever such representations are required by the General Contract, as if those representations had been made by Surety, since Surety may have no personal knowledge of such matters. 13. No Offsets Against Payments to Surety. All monies due, and to become due, pursuant to the General Contract and this Agreement, including, without limitation, progress payments, payments for extra work or additional work orders, retention and final payment, for work on behalf of Surety by its Completing Contractors, shall be made to Surety unconditionally and without offset, including, but not limited to, any offset for claims: (i) made by the Principal's creditors; or (ii) made by parties claiming the monies due, or that become due, pursuant to the General Contract. Further, Owner shall not withhold payments to Surety based on a failure of Principal to provide Owner with any certificates of insurance or sales tax Takeover Agreement — Page 8 of 8 clearances but owner may withhold funds for tax owed pursuant to Chapter 60.28 RCW. All payments shall be made directly to Surety by check payable to Surety, at the address stated in paragraph 15 of this Agreement. 14. Satisfaction of Surety's Performance Obligation. The acceptance of the Remaining Work under the General Contract by the Owner or the expenditure by the Surety of the Bond penal amount, whichever comes first, shall satisfy Surety's performance obligations under the General Contract, its Bond and this Agreement. Owner represents that Principal would have been required to complete all of its obligations under the General Contract had it not been in default and that, prior to the date of this Agreement, Owner had not made any agreement with Principal that any item of work included in the General Contract would not have to be performed except to the extent provided in the approved Change Orders identified in attached Exhibit "A." 15. Notices. All notices and correspondence to Owner shall be mailed certified mail, return receipt requested, with a copy by telecopier to: Abdoul Gafour Water Utility Engineering Supervisor City of Renton Renton City Hall — 5"' Floor 1055 South Grady Way Fax: (425) 430 —7241 All notices and correspondence to Surety shall be mailed certified mail, return receipt requested, with a copy by telecopier to: Travelers Casualty and Surety Company of America Attn: Mr. Gerald M. Ormiston 3455 South 344th Way, Suite 200 Auburn, WA 98001 Fax: 253-946-7156 Takeover Agreement — Page 9 of 9 16. No Third Party Rights. Nothing in this Agreement shall be deemed to create any rights in favor of, or to inure to the benefit of any third party or parties, or to waive or release any defense or limitation against third party claims. 17. All Claims Referred to Surety. Owner recognizes that Surety may be liable to unpaid suppliers and subcontractors of Principal. Owner agrees to make no representations or promises of payment to these suppliers and subcontractors and to refer all inquiries to Surety. 18. Surety's Performance Rights Confirmed. Nothing shall limit Surety's rights as a Completing Surety under the General Contract and applicable law. Owner hereby recognizes those rights, including the right of equitable subrogation that affords to Surety all rights and remedies of Owner against Principal, such as offset, and withholding, among others. Further, Owner also recognizes Surety's subrogation to the rights as a performing Surety under the General Contract, including the right to additional compensation or damages where allowed or appropriate under the General Contract or applicable law for claims or matters arising after the date of this Agreement. The Owner expressly agrees and acknowledges: (i) that Surety is entering into this Agreement not as a contractor, but as a means of satisfying the Surety's performance obligations under the Bond; and (ii) that the Surety has provided to Owner the Completing Contractor, a fully licensed contractor, to finish the project. 19. Agreement Binding on Successors. This Agreement shall be binding upon the successors and assignees of Surety and Owner. 20. No Modification Except in Writing. This Agreement cannot be modified except in a writing signed by both Owner and Surety. 21. Terms of General Contract and/or BondControl. In case of conflict between the provisions of this Agreement and the provisions of the General Contract and/or Bond, the General Contract and Bond shall control. Further, this Takeover Agreement — Page 10 of 10 Agreement, the General Contract and the Bond constitute the entire Agreement between Owner and Surety and, together, supersede all prior negotiations, representations, offers, other writings and oral statements of every description. 22. Washington Law Applies. This Agreement and the performance under this Agreement, shall be governed by, and construed in accordance with the laws of the State of Washington. In any suit, action, or proceeding that may be brought arising out of, or in connection with, or by reason of this Agreement, the laws of the State of Washington shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which any suit, action, or proceeding may be instituted. 23. No Waiver. The failure of either party to exercise in any respects a right provided for in this Agreement shall not be deemed to be a subsequent waiver of the same right or of any other right. 24. No Claims. Surety and Owner agree that the terms of this Agreement contemplate, provide for, and resolve whatever claims, whether based on General Contract, common law or otherwise, that one may have against the other, related to, or arising from, in any manner, the Project, the Principal or Surety's Bond, known as of the date of this Agreement. 25. Counterparts. This Agreement may be executed in any number of counterparts each of which when executed and delivered shall be deemed to be an original with all counterparts constituting but one and the same instrument. The execution of this Agreement by any parties hereto will not become effective until counterparts hereof have been executed by all parties. 26. Construction. The Owner and Surety have been represented by counsel who has materially participated in the authorship of this Agreement, it being understood that the rule of construction that a written agreement is construed Takeover Agreement — Page 11 of I I against the party drafting or preparing such agreement shall not be applicable to the interpretation of this Agreement. WHEREFORE, Surety and Owner have executed this Agreement by their authorized representatives. DATED: &a�� o`t�,� CITY OF RENTON ATTEST: -+✓ By: Marily J, etersen RAVe Tanner City Clerk Its: Mayor DATED: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA By. Its: Bond Claim Manager Takeover Agreement — Page 12 of 12 TravelersProperty Casualty J Amemberof citigrouP Facsimil® Cover Sheet To: Abdoul Gafour Company: City of Renton Phone: (425) 430-7210 Fax: (425) 430-7241 From: Gerald M. Ormiston (PatClark- Secretary) Company: Travelers Bond Phone: (253) 946-7393 Fax: (253) 946-7156 Date: 8/8/01 Pages including this 13 cover page: Comments: Re: Kapstan, Inc. Mr. Gafour: Attached is a draft with the revisions requested by Larry Warren per his letter of 8/7/01. Please call with your comments. Gerry Ormiston (253) 946-7393 TO'd V�:9T TOOZ 8 6nd 9STZTVKSZ:Xpd WId-O QNOH Sd3�3Addl TAKEOVER AGREEMENT BETWEEN TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA AND CITY OF RENTON This is a Takeover Agreement dated August , 2001 between Travelers Casualty and Surety Company of America ("Surety") and the City of Renton, Washington, a municipal corporation of the State of Washington ("Owner"). RECITALS A. On or about March 14, 2001, Owner entered into a Contract for the South Downtown Water Main & Storm Sewer Replacement Phase 1, Contract No. CAG-01-008 (hereinafter "General Contract") with Katspan, Inc., (hereinafter "Principal"). g, As required by the General Contract, Surety and Principal jointly issued a "Bond to the City of Renton" numbered 103355963 dated March , 2001 in the amount of $912,995 naming the Owner as Obligee (hereafter "Bond"). C. By letter dated July 31, 2001 Principal informed Owner of its inability to complete the General Contract and requested that Owner and Surety take such action as they deem necessary or desirable under the General Contract and the Bond to ensure completion of the project- D. As of the date of Principal's default, work remained to be performed under the General Contract (hereinafter "Remaining Work"). E. Surety has agreed to complete the Remaining Work, subject to the terms and conditions of this Agreement. Takeover Agreement — Page 1 of 12 Z0*a S2:9T TOOZ 8 6nd 9STZTb62SZ:xP� WId7J QNOH S�373nd�l NOW, THEREFORE, based on the exchange of valuable consideration, the receipt and sufficiency of which is acknowledged, and based on the Recitals set forth above which form a part of this Agreement, Surety and Owner agree to the following terms and conditions: TERMS AND CONDITIONS Rec, tals_ The above recitals and the terms and conditions are contractual and not merely recitals and the agreements contained herein and consideration transferred are to satisfy rights and obligations between Owner and Surety. 2. Incor oration of the General Contract, The General Contract is incorporated by reference into this Agreement, including, without limitation, the the Plans or Instructions for Bidders, the General Contract Terms and Conditions, and Drawings, and any Special Conditions and Specifications, and all addenda modifications to those documents issued in accordance with the General Contract. The General Contract also includes, and is modified by any approved Change Orders identified in attached Exhibit "A". 3, The Current Estimated General Contract Amount. The Owner re resents that as of the date of this Agreement, the initial General Contract p ments amount, as amended, of $ has been decreased by pay otalin $ for a current estimated General Contract balance t 9 ) of $ (including retention of $ through Pay Estimate # (hereinafter "Estimated General Contract . The final amount to be paid under the General Contract, and this Amount"). Agreement, shall be derived based on the work in place, valued at the unit and/or sum prices set under the General Contract. Except for potential liquidated or lum p Takeover Agreement — Page 2 of 12 i0 'd SS: 9T TOOZ 8 6nd 9ST�T7KSZ: x2d WId79 ONOE S�373nd�l delay damages, Owner represents that there are presently no other pending or contemplated backcharges in favor of Owner, or other claims of Owner against Principal related to the General Contract or the Project, which might result in any decreases in, or withholding from, the amount, including the retainage, remaining to be aid under the General Contract. The Estimated General Contract Amount shall P be increased by the value of any proposed Change Orders subsequently approved by the Owner. The Owner agrees that the Estimated General Contract amount is dedicated to and will be applied to the completion of the General Contract pursuant to this Agreement. Com letion and Prior Pa ments. Owner represents 4. Percentage of e account of that, as of the date of this Agreement, Principal and/or Surety, for th Principal, have been paid $ through Payment Requisition No. under the General Contract, and that the Owner is presently holding accrued retainage of $ under the General Contract. Final payment, including the payment of all accrued retainage, under the General Contract and this Agreement, shall be subject to the Owners final quantification and approval of the work provided under the General Contract and satisfaction of all other contractual requirements imposed by the General Contract as a condition precedent to such final payment excluding however any such requirements regarding payment by or on behalf of Principal of its -, subcontractors, vendors or taxes but not taxes owed pursuant to Chapter 60.28 RCW entitled Liens for labor material taxes on Dublic works. 5. Liens and Assi nments Against General Contract Funds. Owner represents that as of the date of this Agreement, assignments or encumbrances against the Contract Funds identified in Exhibit "B" have been filed with, or serve upon Owner in connection with the General Contract. Owner represents that it is not aware of any other assignments or encumbrances (hereinafter "Contract Fund Takeover Agreement — Page 3 of 12 b0 'd SS: 91 IOOZ 8 6ne 9STZTVHSZ: xP� WId7O QNOH S�3-13Ae�i Creditors") against the Contract Funds in connection with the General Contract. Surety shall defend (at Surety's expense, using its counsel), indemnify and hold harmless Owner and all of its directors and employees from and against any and all claims of every description made by the Contract Fund Creditors arising as a consequence of payments made to Surety under this Agreement. The Surety's defense and indemnity obligations to the Owner for claims by Contract Fund Creditors shall be limited to; (i) the total amount paid by the Owner to the Surety pursuant to this Agreement with respect to those third parties Who do not qualify as "Claimants" under the Bond, or (ii) the penal amount of the Bond with respect to those third parties who do qualify as "Claimants" under the Bond. g. Suret to Perform Remaining -Work. Surety shall be responsible for Work. Surety shall perform the Remaining Work the completion of the Remaining through one or more Completing Contractors (hereinafter ,Completing Contractor") which it shall engage. All Completing Contractors shall be subject to tho qualification requirements of the Owner imposed by the General Contract for those entities performing the type of work contemplated by the General Contract. er the General Contract. Except to the extent 7 Owner's Obli ations Und provided in this Agreement, Owner and Surety shall have all rights, obligations and responsibilities under the General Contract with respect to each other, to the same extent and effect as if Surety had executed the General Contract initially instead of Principal and Principal had not defaulted. Owner reserves g. Owner's Ri ht W ith Res ect to Chan es in the Work. the right, to the extent appropriate under the General Contract, to issue further Change Orders. The terms of these Change Orders, including the attendant extensions of time and valuation of the Change Order work, shall be determined as provided in the General Contract. Surety reserves the right to refuse to perform any extra or additional work if such work constitutes alone, or in the aggregate with all Takeover Agreement — Page 4 of 12 SO'd SS 9T TOOZ 8 6nd 9STZTb62SZ:xeJ WId7O CN09 S�373ndd1 prior Change Order work, a cardinal change (meaning significant change in design, nature or location of the work) under the General Contract. Further, in the event the Owner seeks the performance of additional work that is not subject to valuation by application of the unit and/or lump sum prices set under the General Contract, it shall negotiate the appropriate value for such work with Surety. 9. Schedule for Completion of Remaining Work and New completion Date. Surety, through its Completing Contractor or Contractors, will coordinate and cooperate with Owner in formulating a schedule for the completion of the Remaining Work. Further, Owner agrees to grant Surety the full benefit of whatever extensions of time and other associated relief, including for excusable delays that are appropriate under the General Contract. Owner reserves the right to assess liquidated damages against the surety in accordance with the General Contract in the event the work required by the General Contract is not completed by the Completion Date as adjusted for any allowable time extensions. 10. Completing Contractors. Each Completing Contractor shall be a subcontractor to Surety, and no contractual relationship, pursuant to this Agreement, shall exist between Owner and any Completing Contractor. Each Completing Contractor shall provide all insurances required under the Subcontract, but shall not be required to provide payment and/or performance bonds, unless requested to do so by Surety. Surety reserves the right to terminate its Contract with a Completing Contractor at any time, upon three days' prior written notice to Owner and to contract with another Completing Contractor. Routine day-to-day operations and decisions as to the manner of performance of the Remaining Work shall be made by the Completing Contractors, subject to the terms and conditions of the General Contract, provided, however, that the Completing Contractors have no authority to: (i) agree to any changes in the General Contract or Remaining Work; (ii) agree to any Change Orders; (iii) agree to any backcharges or deductions of any Takeover Agreemert — Page 5 of 12 90 'd 91: 9T TOOZ 8 6nd 9STZTb6SSZ: xed WId�O QNOE Sd37Yd�l nature; (iv) agree to any schedule changes; (v) agree to any adjustments in the General Contract amount or Remaining Work; or (vi) agree to perform warranty work of the Principal or future corrective work as a result of latent defect(s) in the work performed by the Principal, without the Surety's prior express written consent which Shall be delivered to Owner as a condition precedent to the Completing Contractor(s) negotiating items (i) through (vi). The Remaining Work shall be subject to inspoction and acceptance by the Owner, as provided in the General Contract. A copy of all written communication by Owner directed to a Completing Contractor shall be forwarded to Surety on a current basis by telecopier. All communications concerning matters of contract administration (i.e., contractual or other notices required by law, payments, Change Orders, extensions of time, delays, claims, among other matters) shall be communicated to a Completing Contractor only in writing, with a copy forwarded to Surety on a current basis by telecopier. 11. Pa meets to Sure Release of Bond u on Exhaustion of Bond's Penal Amount. The Estimated General Contract Amount shall be paid to Surety as it completes the Remaining Work; (i) in periodic, monthly payments, based on the value of the work in place, or stored, calculated in accordance with the unit and lump sum prices set under the General Contract, less retainage withheld in accordance with the General Contract; and (ii) in a final payment once the Remaining Work is entirely complete, based on the Owner's final review, quantification and acceptance of the Remaining Work, valued in accordance with the unit and lump sum prices set under the General Contract, and in satisfaction of all other conditions precedent established under the General Contract for final payment. Surety agrees to expend such of its own funds as may, from time to time, be necessary to pay for completion of the Remaining Work and to pay appropriate claims; provided, however, that Surety's performance and payment obligation, over and above the amount paid by Takeover Agreoment - Page 6 of 12 ZO'd 99:9T TOOZ 8 6nd 9STZTb69SZ:xed WId�O QNOH Sd371ne l the Owner and received by the Surety under this Agreement, shall, in no event, exceed, and it is hereby expressly limited to, the expenditure of the penal amount of the Bond as reduced by all amounts expended by Surety including, but not limited to, all expenditures made to complete the Remaining Work, and satisfy all claims under the Bond. For each dollar the Surety so expends pursuant to the Bond, the Surety shall receive a corresponding dollar for dollar reduction in the penal amount of the Bond. If, out of its own funds, the Surety either expends, or is committed to expend, the full penal amount of the Bond for any one or more of the following' (i) for work completed under the General Contract; (ii) for work in progress under the General Contract; or (iii) for all damages and settlements arising from claims under the Bond, then the Surety shall have no further obligation of any description to Owner arising out of, or in connection with, the Bond, and Surety's completion of the work, at the Surety's option, will cease. The Owner will remain obligated to pay Surety all earned amounts due under the General Contract, or this Agreement, including retention, notwithstanding the Surety ceasing work. Surety agrees to use its best efforts to notify Owner of its intention to cease work 30 calendar days before the exhaustion of the Bond's penal amount. All payments made by Surety previously, and those made in the future, have been and will be credited against the penal amount of the Bond, less the amount paid to Surety under the General Contract. Nothing in this Agreement constitutes a waiver of such penal amount or an increase in the liability of the Surety under the Bond. Surety agrees to investigate all proper payment claims made against it, but shall have the right to settle, compromise, defend, appeal, pay or dispute such claims as it, in its sole and complete discretion, may deem appropriate. In no event shall the Owner withhold any portion of the Estimated General Contract Amount, except for statutory retsina e, on account of claims, liens, suits or demands by terials to person or entities furnishing or alleging to have furnished labor and/or ma Takeover Agre©ment — Page 7 of 12 80'd 91:9T Tool 8 6nd 9STzTb6SSZ:Xp3 WId-IJ QN03 S�373nddl the Project; provided, however, that the Surety shall defend, indemnify and hold harmless the Owner from any loss which may arise by virtue of such claims, liens, suits an d demands, subject to the penal amount of the Bond, as reduced by the payments made by the Surety pursuant thereto. is Completing Pa ment Re uisitions. Surety, through ► ting Contractor or 12P � documentation is Contractors, shall submit to the Owner whatever information o t and stored required regarding the work performed under the General Contract, schedule materials, to conform to and support the requisition process and established under the General Contract. Owner recognizes that Surety shall be completing the Remaining Work through the services of one or more Completing compl g Contractors' Contractors. Accordingly, Owner shall accept the Completing representations and certifications with respect to all aspects of the work, progress of uality of the work, conformance of the work to the requirements of the the work , q General Contract, payments to others, warranty and maintenance of the work, and all other matters pertinent to the General Contract, wherever such representations uired b the General Contract, as if those representations had been made by are req Y Surety, since Surety may have no personal knowledge of such matters, 13. No Offsets A ainst Pa ments to Surely. All monies due, and to dueursuant to the General Contract and this Agreement, including, become , P ' lionrogress payments, payments for extra work or additional work without limitation, P its Com leting orders, retention and final payment, for work on behalf of Surety by P Contrac tors, shall be made to Surety unconditionally and without offset, including, but not limited to, any offset for claims: (i) made by the Principal's creditors; or (II) pursuant to the made by parties claiming the monies due, or that become due, p based on a General Contract. Further, Owner shall not withhold payments to Surety ales rovide Owner with any certificates of insurance or taaE� I failure of Principal to p 4-- .Ionrnnnps but own r ma withhold funds for tax owed pursuant to Cha ter Takeover Agreement - Page 8 of 12 hn'�I z�:9T t00Z 8 6rd 9ST�TVKSZ:x2� WId79 QNOH S�33 3AU2i de direct) to Surety by check I 60.28 RCW_skf a�a . All payments shall be ma Y payable to Surety, at the address stated in paragraph 15 of this Agreement. 14. Satisfaction of Suret s Performance Ob(i ation. The acceptance of the Remaining Work under the General Contract by tho Owner or the expenditure by the Surety of the Bond penal amount, whichever comes first, shall satisfy Surety's performance obligations under the General Contract, its Bond and this Agreement. Owner represents that Principal would have been required to complete all of its obligations under the General contract had it not been in default and that. prior to the date of this Agreement, Owner had not made any agreement with Principal that any item of work included in the General Contract would not have to be performed except to the extent provided in the approved Change Orders identified in attached Exhibit "A." 15. Notf All notices and correspondence to Owner shall be mailed certified mail, return receipt requested, with a copy by telecopier to: Abdoul Gafour Water Utility Engineering Supervisor City of Renton Renton City Hail — 5`n Floor 1055 South Grady Way Fax: (425) 430 —7241 All notices and correspondence to Surety shall be mailed certified mail, return receipt requested, with a copy by telecopier to: Travelers Casualty and Surety Company of America Attn: Mr, Gerald M. Ormiston 3455 South 344th Way, Suite 200 Auburn, WA 98001 Fax: 253-946-7156 Takeover Agreement — Page 8 of 12 nT'A )c-aT Tnn7 R 6nH qI;T)TX2� WIH-ID QNOH S�17]nd�i 16. No Third Party Ri hts_ Nothing in this Agreement shall be deemed to create any rights in favor of, or to inure to the benefit of any third party or parties, or to waive or release any defense or limitation against third party claims. 17. All Claims Referred to Surf . Owner recognizes that Surety may be liable to unpaid suppliers and subcontractors of Principal. Owner agrees to make no rep resontations or promises of payment to these suppliers and subcontractors and to refer all inquiries to Surety. 18 Suret s Performance Rights Confirmed. Nothing shall limit Surety's act and applicable law. 9 ri hts as a Completing Surety under the General Contr Owner hereby recognizes those rights, including the right of equitable subrogation that affords to Surety all rights and remedles of Owner against Principal, such as offset and withholding, among others. Further, Owner also recognizes Surety's performing subrogation to the rights as a P g Surety under the General Contract, including the right to additional compensation or damages where allowed or appropriate under the General Contract or applicable law for claims or matters a9 risin after the date of this Agreement. The Owner expressly agrees and acknowledges', (i) that Surety is entering into this Agreement not as a contractor, but as a means of satisfying the Surety's performance obligations under the Bond; and that the Surety has provided to Owner the Completing Contractor, a fully licensed contractor, to finish the project. ent Bindin on Successors. This Agreement shall be binding 19, Areem upon the successors and assignees of Surety and Owner. 20. No Modification Exce t in Writin This Agreement cannot be modified except in a writing signed by both Owner and Surety. Controls, In 21. Terms of General Contract and/or Bond � case of conflict between the provisions of this Agreement and the provisions of the shall 1 General Contract and/or Bond, the General Contract and Bond Takeover Agreement — Page 10 of 12 T T 'A )c: qT Tnn7 R 6nH 9STZT�62SZ: x2� WId7J QNOH S�373AHd i control. Further, this Agreement, the General Contract and the Bond constitute the entire Agreement between Owner and Surety and, together, supersede all prior negotiations, representations, offers, other writings and oral statements of every description. 22 Washington Law A lies. This Agreement and the performance under this Agreement, shall be governed by, and construed in accordance with the laws of the State of Washington. In any suit, action, or proceeding that may be brought arising out of, Or in connection with, or by reason of this Agreement, the laws Of the State of Washington shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which any suit, action, or proceeding may be instituted. 23. Nol The failure of either party to exercise in any respects a right provided for in this Agreement shall not be deemed to be a subsequent waiver of the same right or of any other right. 24, No C1 Surety and Owner agree that the terms of this Agreement contemplate, provide for, and resolve whatever claims, whether based on General Contract, common law or otherwise, that one may have against the other, related to, or arising from, in any manner, the Project, the Principal or Surety's Bond, known as of the date of this Agreement. 25, Counter arts. This Agreement may be executed in any number of counterparts each of which when executed and delivered shall be deemed to be an original with all counterparts constituting but one and the same instrument. The execution of this Agreement by any parties hereto will not become effective until counterparts hereof have been executed by all parties. 26, Construction, The Owner and Surety have been represented by counsel who has materially participated in the authorship of this Agreement, it being understood that the rule of construction that a written agreement is construed Takeover Agreement — Page 11 of 12 7T'Ci K:9T TOOZ 8 6nd 9STZTVKSZ:x2� WId�3 QNOH S�373 K against the party drafting or preparing such agreement shall not be applicable to the Interpretation of this Agreement. WHEREFORE, Surety and Owner have executed this Agreement by their authorized representatives. DATED: DATED: CITY OF RENTON By: Its: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA JIM Its: Bond Claim Manager Takeover Agreement — Page 12 of 12 �T 'd K:9T TOOZ 8 6nd 9ST�TVHSZ: x2� WIH�D QN02 Sd3�3nddl To~ FINANCE DIRECTOR FROM: PUBLIC WORKS ADMINISTRATOR CONTRACTOR: Travelers Casualty & Insurance Company of America CONTRACT NO. CAG-01-008 ESTIMATE NO. 9 Closing Date 11-5-01 PROJECT: South Renton Water Main/Storm Sewer Replacement Phase I 1. CONTRACTOR EARNINGS THIS ESTIMATE $166,082.87 2. SALES TAX @ 8.80% $14,615.29 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $180,698.16 4. EARNINGS PREVIOUSLY PAID CONTRACTOR 5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE 6. SUBTOTAL - CONTRACTOR PAYMENTS 7. RETAINAGE ON PREVIOUS EARNINGS 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE 9. SUBTOTAL - RETAINAGE 10. SALES TAX PREVIOUSLY PAID 11. SALES TAX DUE THIS ESTIMATE 12. SUBTOTAL - SALES TAX $671,419.64 $157,778.73 $829,198.37 $47, 353.57 $8,304.14 $55,657.71 $63,252.05 $14,615.29 $77, 867.34 * (95% x LINE 1) ** (RETAINAGE: 5% of line 1) GRAND TOTAL: $962,723.42 FINANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR (Lines 5 and 11): ACCOUNT 421.000500.018.5960.0034.65.55290/55290/5354 ACCOUNT 421.000600.018.5960.0038.65.65380/65380/5354 RETAINED AMOUNT (Line 8): ACCOUNT 421.000500.018.5960.0034.65.55290/55290/5354 421.000600.018.5960.0038.65.65380/65380/5353 CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION 1, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM Signed: $91,314.31 # 9 $81,079.71 $4,398.57 # 9 $3, 905.57 TOTAL THIS ESTIMATE: W��hili4'v' Opu6hR $172,394.02 $8,304.14 $180,698.16 Printed On: 11/08/2001 City of Renton Public Works Department Page 1 Project: South Renton Water Main/Storm Sewer Replacement Phase 1 Contract Number: CAG-01-008 ontracto C/O Travelers Casualty & Surety Company Pay Estimate 9 Closing Date: 11/05/2001 Item Description Unit Est. Unit Previous Previous This This Total Total No. Quantit Price Quantity Amount Quantity Amount Quantity Amount 001. Mobilization & Demobilization Lump Sum 1 $70,000.00 1 $70,000.00 0.00 $0.00 1.00 $70,000.00 002. Trench Excavation Safety Systems Lump Sum 1 $3,500.00 0.7 $2,450.00 0.30 $1,050.00 1.00 $3,500.00 003. Construction and As -built Survey Data Lump Sum 1 $5,500.00 0.7 $3,850.00 0.00 $0.00 0.70 $3,850.00 004, Traffic Control Lump Sum 1 $15,000.00 0.7 $10,500.00 0.30 $4,500.00 1.00 $15,000.00 005. Temporary Erosion/Sedimentation Controls Lump Sum 1 $1,500.00 0.7 $1,050.00 0.30 $450.00 1.00 $1,500.00 006. 12' Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 3450 $55.00 3314 $182,270.00 0.00 $0.00 3314.00 $182,270.00 007. 10" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 300 $35.00 260 $9,100.00 0.00 $0.00 260.00 $9,100.00 008. 8' Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 35 $30.00 66 $1,980.00 0.00 $0.00 66.00 $1,980.00 009. 6' Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 60 $27.00 0 $0.00 0.00 $0.00 0.00 $0.00 010. 4' Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 36 $24.00 38 $912.00 0.00 $0.00 38.00 $912.00 011. 12" gate valve assembly (no Vault) Each 19 $1,250.00 15 $18,750.00 0.00 $0.00 15.00 $18,750.00 012. 10" gate valve assembly (no Vault) Each 13 $1,050.00 14 $14,700.00 0.00 $0.00 14.00 $14,700.00 013. 8" gate valve assembly (no Vault) Each 2 $650.00 2 $1,300.00 0.00 $0.00 2.00 $1,300.00 014. 6' gate valve assembly (no Vault) Each 2 $500.00 0 $0.00 0.00 $0.00 0.00 $0.00 015. 4" gate valve assembly (no Vault) Each 1 $350.00 1 $350.00 0.00 $0.00 1.00 $350.00 016. Furnish & Install 24' x 12' Tapping G.V. Assembly Each 2 $3,450.00 2 $6,900.00 0.00 $0.00 2.00 $6,900.00 017. Furnish & Install 18" x 12" Tapping G.V. Assembly Each 2 $3,250.00 1 $3,250.00 0.00 $0.00 1.00 $3,250.00 018. Fire Hydrant Assembly Each 17 $2,250.00 17 $38,250.00 0.00 $0.00 17.00 $38,250.00 019. 3/4" Water Service Connection Each 60 $650.00 42 $27,300.00 0.00 $0.00 42.00 $27,300.00 020. 1' Water Service Connection Each 1 $600.00 1 $600.00 0.00 $0.00 1.00 $600.00 021. 1.1/2' Water Service Connection Each 2 $1,250.00 0 $0.00 0.00 $0.00 0.00 $0.00 022. 2" Water Service Connection Each 1 $1,350.00 0 $0.00 0.00 $0.00 0.00 $0.00 023. Connection to existing water main Each 11 $1,250.00 6 $7,500.00 4.00 $5,000.00 10.00 $12,500.00 024. Concrete for Thrust Blocking, Dead -Man Anchor Blocks Cubic Yard 30 $150.00 51 $7,650.00 0.00 $0.00 51.00 $7,650.00 Removal of Existing fire hydrants, valve boxes & other 025. appurtenances Lump Sum 1 $1,000.00 0 $0.00 0.00 $0.00 0.00 $0.00 026. Furnish & Install 18" CPEP Storm Pipe Linear Foot 373 $27.00 325 $8,775.00 0.00 $0.00 325.00 $8,775.00 027. Furnish & Install 12" CPEP Storm Pipe Linear Foot 2519 $20.00 2077 $41,540.00 131.00 $2,620.00 2208.00 $44,160.00 028. Furnish & Install 18" Ductile Iron Storm Pipe Linear Foot 292 $40.00 292 $11,680.00 0.00 $0.00 292.00 $11,680.00 029. Furnish & Install 12" Ductile Iron Storm Pipe Linear Foot 483 $30.00 596 $17,980.00 172.00 $5,160.00 768.00 $23,040.00 030. Furnish & Install CB Type -II, 48-Inch Each 28 $2,000.00 27 $54,000.00 0.00 $0.00 27.00 $54,000.00 031. Furnish & Install CB Typed Each 42 $850.00 28 $23,800.00 14.00 $11,900.00 42.00 $35,700.00 032. Side Sewer Adjustment Each 30 $500.00 8 $4,000.00 0.00 $0.00 8.00 $4,000.00 033. Remove & Dispose Existing Storm Manholes Each 3 $400.00 4 $1,600.00 -2.00 ($800.00) 2.00 $800.00 Remove & Dispose Existing Storm Water Pipe (Including Pipe 034. Plugs) Lump Sum 1 $1,150.00 0 $0.00 1.00 $1,150.00 1.00 $1,150.00 035. Remove & Dispose Existing Catch Basin Type -I Each 9 $350.00 0 $0.00 9.00 $3,150.00 9.00 $3,150.00 036. Remove & Replacement of Unsuitable Foundation Material Ton 330 $25.00 51.65 $1,291.25 0.00 $0.00 51.65 $1,291.25 037. Furnish & Install Quarry Spalls Ton 175 $18.00 81.15 $1,460.70 0.00 $0.00 81.15 $1,460.70 038. Select Imported Trench Backfill Ton 2675 $12.00 3073.89 $36,886.68 0.00 $0.00 3073.89 $36,886.68 039. Crushed Surfacing Top Course & Crushed Rock Backfill Ton 970 $18.00 2165.71 $38,982.78 0.00 $0.00 2165.71 $38,982.78 040. Controlled Density Fill Cubic Yard 12 $90.00 5 $450.00 0.00 $0.00 5.00 $450.00 041. Asphalt Patch Class B Ton 620 $65.00 294 $19,110.00 603.64 $39,236.60 897.64 $58,346.60 042, Asphalt Patch Class B, or ATB for Temp. Patch Ton 1200 $60.00 505.19 $30,311.40 905.46 $54,327.60 1410.65 $84,639.00 043. Remove & Replace Sidewalk & Driveway Square yard 40 $40.00 90.05 $3,602.00 110.96 $4,438.40 201.01 $8,040.40 044. Remove & Replace Curb & Gutter Linear Foot 150 $20.00 134 $2,680.00 762.40 $15,248.00 896.40 $17,928.00 Project: South Renton Water Main/Storm Sewer Replacement Phase I Contract Number: CAG-01.008 ontracto C/O Travelers Casualty & Surety Company Pay Estimate 9 Closing Date: 11/05/2001 Item Description Unit Est. Unit Previous Previous This This Total Total No. Quantit Price Quantity Amount Quantity Amount Quantity Amount 045. Remove, Restore,Lawn,Landscaping Restoration Lump Sum 1 $7,500-00 0.1 $750.00 0.00 $0.00 0.10 $750.00 046. Replace, Pavement Markings & Traffic Buttons Lump Sum 1 $2,750.00 0.1 $275.00 0.50 $1,375.00 0.60 $1,650.00 047. Re -Establish Monumnets Each 4 $250.00 0 $0.00 0.00 $0.00 0.00 $0.00 048 CO# 1 re-establish vertical survey control Lump Sum 1 $3,720.00 1 $3,720.00 0.00 $0.00 1.00 $3,720.00 049. Change Order #2 Extra excavation due to concrete encased sewer main Each 1 $974.16 1 $974.16 0.00 $0.00 1.00 $974.16 050. Change Order#3 Extra excavation and materials for F.H. at Sta. 54+03 Each 1 $983.23 1 $883.23 0.00 $0.00 1.00 $883.23 051. Change Order # 4 Establish property comers for Staging Area Lump Sum 1 $1,185.00 1 $1,185.00 0.00 $0.00 1.00 $1,185.00 052. Change Order #5 Remove CB #24A for anthroplogical analysis of trench Each 1 $371.15 1 $371.15 0.00 $0.00 1.00 $371.15 053. Change Order #6 Excavate/remove existing asphalt Each 1 $3,902.86 1 $3,902.86 0.00 $0.00 1.00 $3,902.86 054. Change Order #7Cold Mix for Temp. Patch Ton 270.66 $55.00 $0.00 270.66 $14,886.30 270.66 $14,886.30 055. Change Order #8 Relocate CB #2 and reconnect Exist. 6" storm line Each 1 $2,390.97 $0.00 1.00 $2,390.97 1.00 $2,390.97 Subtotal 8.8% Sales Tax TT Total $718,773.21 $166,082.87 $884,856.08 $63,252.05 $14,615.29 $77,867.34 $782,025.26 $180,698.16 $962,723.42 CITY OF RENTON Public Works Department CONTRACT CHANGE ORDER AGREEMENT CONTRACT: CAG-01-008 SOUTH DOWNTOWN WATER/STORM REPLACEMENT, C.O.# 7 PHASE 1 (WTR-27-2722/SWP-27-2722) CONTRACTOR: Northwest Cascade, Inc. SUMMARY OF PROPOSED CHANGE: Provide and install Cold Mix for trench patch at $55.00 per ton, including all mark-ups. (See attached price quote from NW Cascade, Inc. dated 8-20-01). Actual Quantity 270.66 Tons Price per ton: $55.00 Sub Total: $14,886.30 Sub Total:8.8% Sales Tax $1,309.99 Total C.O. V 12 $16,196.29 ORIGINAL CONTRACT CURRENT CONTRACT ESTIMATED NET CHANGE ESTIMATED CONTRACT AMOUNT AMOUNT THIS ORDER TOTAL AFTER CHANGE $915,166.77 $927,174.37 $16,196.29 $943,370.66 SIGNA" MIC0. Contractor: Project Engi Approved B (Utility Systems Manager) Date: / U Date: //--%-v/ Date: V 1901 CITY OF RENTON Public Works Department CONTRACT CHANGE ORDER AGREEMENT CONTRACT: CAG-01-008 SOUTH DOWNTOWN WATER/STORM REPLACEMENT, C.O.# 8 PHASE 1 (WTR-27-2722/SWP-27-2722) CONTRACTOR: Northwest Cascade, Inc. SUMMARY OF PROPOSED CHANGE: Contractor relocated CB #2 16 feet west due to conflict with unmarked 6-inch side sewer and 6-inch storm pipe. Cost below includes equipment, labor and materials to excavate and backfill trench for manhole relocation and reconnection of storm pipe to new manhole. Labor $871.43 20% $174.29 Equipment $821.91 15% $123.29 Material $3 81.00 5% $19.05 Sub Total: $2,390.97 8.8% Sales Tax $210.41 Total C.O. Y r, $2601.38 ORIGINAL CONTRACT CURRENT CONTRACT ESTIMATED NET CHANGE ESTIMATED CONTRACT AMOUNT AMOUNT THIS ORDER TOTAL AFTER CHANGE $915,166.77 $943,370.66 $2,601.38 $945,972.04 SIGNATURES: Contractor: `� �% ` -� Date: Project Engineer: a(L A. Date: // &7�� Approved By: d Date: Is /a ) (Utility Systems Manager) South Renton Water Main/Storm Sewer Reolacement Phase I INPUT OTY Accumulati ^ Item Total /° Total $ Amt WATER /° WATER WATER NORM11 Storm /° Storm Total $ Amt Water No. Description Paid to date This estimate This estimate $ Amt «tY C l'R this estimate This Amt Contract Previous QTY 04 24 25 it c & Demobilization rench Excavation Safety Systems onstruction and As -built Survey Data raffic Control emporary Erosion/Sedimentation Controls 2" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) 0" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) " Ductile Iron Pipe, Cl. 52 (Poly Wrapped) " Ductile Iron Pipe, Cl. 52 (Poly Wrapped) " Ductile Iron Pipe, Cl. 52 (Poly Wrapped) 2" gate valve assembly (no Vault) 0" gate valve assembly (no Vault) " gate valve assembly (no Vault) " gate valve assembly (no Vault) gate valve assembly (no Vault) urnish & Install 24" x 12" Tapping G.V. Assembly urnish & Install 18" x 12" Tapping G.V. Assembly ire Hydrant Assembly 14" Water Service Connection " Water Service Connection -1/2" Water Service Connection " Water Service Connection onnection to existing water main oncrete for Thrust Blocking, Dead -Man Anchor Blocks removal of Existing fire hydrants, valve boxes & other appurtenances urnish & Install 18" CPEP Storm Pipe urnish & Install 12" CPEP Storm Pipe urnish & Install 18" Ductile Iron Storm Pipe urnish & Install 12" Ductile Iron Storm Pipe urnish & Install CB Type-Il, 48-Inch urnish & Install CB Type -I ids Sewer Adjustment emove & Dispose Existing Storm Manholes emove & Dispose Existing Storm Water Pipe (Including Pipe Plugs) .emove & Dispose Existing Catch Basin Type -I .emove & Replacement of Unsuitable Foundation Material 0% 30% 0% 30% 30% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 36% 0% 0% 0% 5% 0% 36% 0% 33% 0% -67% 100% 100% 0% 0.00 0% 0.00 0% 0.00 70,000,00 0.5 1,050.00 50% 525.00 0.15 0.15 50% 525.00 3,500.00 0.45 0,00 0% 0,00 0.00 0.00 0% 0.00 3,850.00 0.35 4,500.00 50% 2250.00 0,15 015 50% 2,250.00 15.000.00 0.45 450.00 50% 225,00 0.15 0.15 50% 225.00 1,500.00 10,45 0.00 0% 0.00 0% 0.00 182,270.00 3314 0 00 0% 0.00 0% 0,00 9,100.00 260 0.00 0% 0.00 0% 0.00 1,980.00 66 0.00 0% 000 0% 0.00 0.00 0 0.00 0% 0,00 0% 0,00 912.00 38 0.00 0% 0,00 0% 0.00 18,750.00 15 0,00 0% 0.00 0% 0.00 14,700.00 14 0.00 0% 0,00 0% 0.00 1,300.00 1350.00 2 0.00 0% 0,00 0% 0.00 0.00 0 0 00 0% 0,00 0% 0.00 1 0.00 0% 0,00 0% 0.00 6,900M 2 0.00 0% 0,00 0% 0.00 3,250.00 1 0,00 0% 0,00 0% 0.00 38,250.00 17 0.00 0% 0,00 0% 0.00 27,300.00 42 0,00 0% 0.00 0% 0,00 600.00 1 0.00 0% 0.00 0% 0.00 0.00 0 0.00 0% 0.00 0% 0.00 0.00 0 5,000.00 100% 5000.00 4.00 0% &00 12.500.00 0.00 0% 0.00 0% 0.00 7,650.00 51 000 0% 0.00 0% 0.00 0.00 0,00 0% 0.00 0% 0 00 8,775.00 2,620,00 0% 0.00 131,00 100% 2,620.00 44,160.00 0.00 0% 0.00 0% 0.00 11,680.00 5,160.00 0% 0.00 172.00 100% 5,160.00 23,040.00 0.00 0% 0.00 0% 0.00 54.000.00 11.900.00 0% 0.00 14.(Y0 100% 11,900.00 35,700.00 0.00 0% 0.00 0% 0.00 4,000.00 -800.00 0% 0,00 -2 00 100% -800.00 800.00 1,150.00 0% 0.00 1_00 100% 1,150.00 1,150.00 3,150,00 0% 0.00 9.00 W 100% 3,150.00 3,150.00 151 0.00 0% 0.00 0% 0.00 1,29L25 65 7 Furnish & Install Quarry Spells 0% 8 Select Imported Trench Backfill 0% 9 Crushed Surfacing Top Course & Crushed Rock Backfill 0% 0 Controlled Density Fill 0% 1 sphalt Patch Class B 97% 2 Asphalt Patch Class B, or ATB for Temp. Patch 75% 3 Remove & Replace Sidewalk & Driveway 277% 4 Remove & Replace Curb & Gutter 508% 5 Remove, Restore,Lawn, Landscaping Restoration 0% 6 Replace, Pavement Markings & Traffic Buttons 50°% 7 Re -Establish Monumnets 0% 0.00 0% 0.00 0% 0.00 1,460.70 5.65 0.00 0% 0.00 0% 0,00 36,886.68 241.66 0.00 0% 0.00 0% 0.00 38,982.78 1223.92 0.00 0% 0.00 0% 0.00 450.00 39,236.60 61% 23934.30 36822, �n,a 35,g2 , ',,'; 39% 15,302.30 58,346.60 147 54,327.60 61% 33139.80 552.33" 39% 21,187.80 84,639.00 314.7 4,438.40 94% 4186.80104,67 -29._ "' 6% 251.60 8,040.40 86.05 15,248.00 63% 9630,00 81.50 80 90 37% 5,618.00 17,928.00 5.83 0.00 0% 0.00 0% 0.00 750.00 0.05 1.375.00 0°% 0.00 '" 0.50 100°% 1,375,00 1,650.00 0.1 0.00 0% 0.00 0% 0.00 0.00 048 Change Order #1 Re-establish vertical survey control 0.00 0% 049 Change Order #2 Extra excavation due to concrete encased sewer main 0.00 0% 050 Change Order#3 Extra excavation and materials for F.H. at Ste. 54+03 0.00 0% 051 Change Order # 4 Establish property corners for Staging Area 0.00 0% 052 Change Order #5 Remove CB #24A for anthroplogical analysis of trench 0.00 0% 053 Change Order #6 Excavate/remove existing asphalt 0.00 0% 054 Change Order #7 Cold mix for temp. patch 14,886.30 61% 055 Change Order #8 Relocate CB #2 and Reconnect Exist. 6-inch Storm 2,390.97 0% Sub -totals $166,082.87 .088% Sales Tax $14,615,30 total split breakdown: $180,698.17 95% $157,778,73' 5% $8,304.14 Tax $14,615.29 Total $1 so/ssa.1 $180,698.16 0.00 0.00 0.00 0.00 0.00 0.00 9080.50 0.00 $87,971.40i $7,741,47 0% 0.00 0% 0.00 0% 0.00 0% 0.00 0% 0.00 0% 0.00 39% 5,805.80 100% 2,390.97 3,720.00 974.16 883.23 1,185.00 371.15 3,902.86 14,886.30 2,390.97 $78,111.47 $884,856.08 $6,873,81 $77,867,34 05 1 1 05 $95,712.87 $84,985.28_-$962,723,42 $83,572,83 $74,205,90` '$840,613.28" $4,398.57 $3,905.57 $44,242.80 $7,741,47 $6,873,81 $77,867.34 $95,712.8,7 $84,�85 28 $962J723n42 $95,712.87 $84,985.28 $962,723.42 ive QTYS Water Water Storm Storm Storm TOTAL Previous % Previous Amt I Previous QTY Lprevious % 11 Previous fimt Previous Amt 35,000.00 0.5 35,000,00 70,000.00 11575.00 0.25 875.00 2,450.00 1,925.00 0.35 1,925,00 3,850.00 750,00 0,25 3.750,00 10,500.00 75.00 0,25 375.00 1,050.00 182, 270.00 0.00 182,270.00 9,100.00 0,00 9,100.00 1,980.00 0.00 1,960.00 0.00 0.00 0.00 912,00 0.00 912.00 18,750.00 0.00 16,750,00 ta 14,700.00 0.00 14,700.00 1,300.00 0,00 1,300,00 0.00 0.00 0.00 350.00 0,00 350.00 6,900,00 0.00 6,900.00 3,250.00 0,00 3,250.00 38,250.00 0.00 38,250.00 27,300.00 0.00 27,300.00 00.00 0.00 600.00 0.00 0.00 0,00 0.00 0.00 0.00 7,500,00 000 7,500.00 7,650.00 0.00 7,650 00 0.00 0.00 0.00 0.00 325 8,775,00 8,775.00 0,00 2077 1.540.00 41,54OM 0.00 292 11,680.00 11,680.00 0.00 596 17,880.00 17,880.00 000 27 54,000.00 4,000,00 0.00 28 23,800.00 3,800.00 0.00 8 ,000.00 ,000,00 0.00 1,600.00 1,000,00 vyW 0.00 0.00 .00 0.00 0.00 00 1,291.25 o 00 1,291.25 1,181.70 15.5 79.00 1 460, 70 26,899.92 832.23 9,986.76 6,88&68 22,030.56 941.79 16,952.22 38.982.78 0,00 5 50.00 4 50.00 9,555.00 147 9,555.00 19,110, 18,882.00 90.49 11,429.40 30,311.%, 3,442.00 10.05 160.00 ,602.00 916,60 8.17 1,763.40 680.00 375.00 375.00 .760 00 " 275.00 0.00 275,00 0.00 0.00 0.00 1,860.00 0.5 1,860.00 3,72000" 974.16 0.00 974.16 883.23 0.00 592.50 0.5 592.50 1,185.0 0.00 1 371.15 371.15 0.00 1 3,902.86 3,902,86"= $455,895.92 $262,877.29 $718,773.21 $40,118.84 $23,133,20 ` $63,252.04 $496, 014.76 $433,101.12 $22,794.80 $40,118.84 $496,014.76 $286,010.49 $782,025.25 $249,733,43 $682,834.55 $13,143.86 $35,938.66 $23,133.20 $63,252.04 $286,010.49 $782,025,25 I TO: FINANCE DIRECTOR FROM: PUBLIC WORKS ADMINISTRATOR CONTRACTOR: Travelers Casualty & Insurance Company of America CONTRACT NO. CAG-01-008 ESTIMATE NO. 8 Closing Date 10-3-01 PROJECT: South Renton Water Main/Storm Sewer Replacement Phase I 1. CONTRACTOR EARNINGS THIS ESTIMATE $137,956.74 2. SALES TAX @ 8.80% $12,140.19 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $150,096.93 4. EARNINGS PREVIOUSLY PAID CONTRACTOR 5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE 6. SUBTOTAL - CONTRACTOR PAYMENTS 7. RETAINAGE ON PREVIOUS EARNINGS 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE 9. SUBTOTAL - RETAINAGE 10. SALES TAX PREVIOUSLY PAID 11. SALES TAX DUE THIS ESTIMATE 12. SUBTOTAL - SALES TAX * (95% x LINE 1) ** (RETAINAGE: 5% of line 1) FINANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR (Lines 5 and 11): ACCOUNT 421.000500.018.5960.0034.65.55290/55290/5354 ACCOUNT 421.000600.018.5960.0038.65.65380/65380/5354 RETAINED AMOUNT (Line 8): ACCOUNT 421.000500.018.5960.0034.65.55290/55290/5354 421.000600.018.5960.0038.65.65380/65380/5353 CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION I, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM Signed: $540,360.74 $131,058.90 $40,455.73 $6,897.84 $671,419.64 $47,353.57 $51,111.86 $12,140.19 $63,252.05 GRAND TOTAL: $782,025.26 $63,078.93 # 8 $80,120.17 $3,038.48 # 8 $3,859.35 $143,199.10 $6,897.83 TOTAL THIS ESTIMATE: $150,096.93 Printed On: 11/20/01 City of Renton Public Works Department Page 1 i Project: South Renton Water Main/Storm Sewer Replacement Phase I Contract Number: CAG-01-008 ontractor C/O Travelers Casualty & Surety Company Pay Estimate 8 Closing Date: 10/3/01 Item Description Unit Est. Unit Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount 001. Mobilization & Demobilization Lump Sum 1 $70,000.00 1 $70,000.00 0.00 $0.00 1.00 $70,000.00 002. Trench Excavation Safety Systems Lump Sum 1 $3,500.00 0.7 $2,450.00 0.00 $0.00 0.70 $2,450.00 003. Construction and As -built Survey Data Lump Sum 1 $5,500.00 0.7 $3,850.00 0.00 $0.00 0.70 $3,850.00 004. Traffic Control Lump Sum 1 $15,000.00 0.7 $10,500.00 0.00 $0.00 0.70 $10,500.00 005. Temporary Erosion/Sedimentation Controls Lump Sum 1 $1,500.00 0.7 $1,050.00 0.00 $0.00 0.70 $1,050.00 006. 12" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 3450 $55.00 2754 $151,470.00 560.00 $30,800.00 3314.00 $182,270.00 007. 10" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 300 $35.00 235 $8,225.00 25.00 $875.00 260.00 $9,100.00 008. 8" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 35 $30.00 66 $1,980.00 0.00 $0.00 66.00 $1,980.00 009. 6" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 60 $27.00 0 $0.00 0.00 $0.00 0.00 $0.00 010. 4" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 36 $24.00 38 $912.00 0.00 $0.00 38.00 $912.00 011. 12' gate valve assembly (no Vault) Each 19 $1,250.00 14 $17.500.00 1.00 $1,250.00 15.00 $18,750.00 012. 10' gate valve assembly (no Vault) Each 13 $1,050.00 13 $13.650.00 1.00 $1,050.00 14.00 $14,700.00 013. 8" gate valve assembly (no Vault) Each 2 $650.00 2 $1,300.00 0.00 $0.00 2.00 $1,300.00 014. 6' gate valve assembly (no Vault) Each 2 $500.00 0 $0.00 0.00 $0.00 0.00 $0.00 015. 4" gate valve assembly (no Vault) Each 1 $350.00 1 $350.00 0.00 $0.00 1.00 $350.00 016. Furnish & Install 24" x 12" Tapping G.V. Assembly Each 2 $3,450.00 2 $6,900.00 0.00 $0.00 2.00 $6,900.00 017. Furnish & Install 18" x 12" Tapping G.V. Assembly Each 2 $3,250.00 1 $3,250.00 0.00 $0.00 1.00 $3,250.00 018. Fire Hydrant Assembly Each 17 $2,250.00 15 $33,750.00 2.00 $4,500.00 17.00 $38,250.00 019. 3/4" Water Service Connection Each 60 $650.00 20 $13,000.00 22.00 $14,300.00 42.00 $27,300.00 020. 1" Water Service Connection Each 1 $600.00 0 $0.00 1.00 $600.00 1.00 $600.00 021. 1-1/2" Water Service Connection Each 2 $1,250.00 0 $0.00 0.00 $0.00 0.00 $0.00 022. 2" Water Service Connection Each 1 $1,350.00 0 $0.00 0.00 $0.00 0.00 $0.00 023. Connection to existing water main Each 11 $1,250.00 4 $5,000.00 2.00 $2,500.00 6.00 $7,500.00 024. Concrete for Thrust Blocking, Dead -Man Anchor Blocks Cubic Yard 30 $150.00 41.5 $6,225.00 9.50 $1,425.00 51.00 $7,650.00 025. Removal of Existing fire hydrants, valve boxes & other appurtenances 026. Furnish & Install 18" CPEP Storm Pipe 027. Furnish & Install 12" CPEP Storm Pipe 028. Furnish & Install 18" Ductile Iron Storm Pipe 029. Furnish & Install 12" Ductile Iron Storm Pipe 030. Furnish & Install CB Type-11, 48-Inch 031. Furnish & Install CB Typed 032. Side Sewer Adjustment 033. Remove & Dispose Existing Storm Manholes Lump Sum 1 Linear Foot 373 Linear Foot 2519 Linear Fool 292 Linear Foot 483 Each 28 Each 42 Each 30 Each 3 $1,000.00 $27.00 $20.00 $40.00 $30.00 $2,000.00 $850.00 $500.00 $400.00 034. Remove & Dispose Existing Storm Water Pipe (Including Pipe Plugs) Lump Sum 1 $1,150.00 035. Remove & Dispose Existing Catch Basin Typed Each 9 $350.00 036. Remove & Replacement of Unsuitable Foundation Material Ton 330 $25.00 037. Furnish & Install Quarry Spalls Ton 175 $18.00 038. Select Imported Trench Backfill Ton 2675 $12.00 039. Crushed Surfacing Top Course & Crushed Rock Backfll Ton 970 $18.00 040. Controlled Density Fill Cubic Yard 12 $90.00 041. Asphalt Patch Class B Ton 620 $65.00 042. Asphalt Patch Class B, or ATB for Temp. Patch Ton 1200 $60.00 043. Remove & Replace Sidewalk & Driveway Square yard 40 $40.00 044. Remove & Replace Curb & Gutter Linear Foot 150 $20.00 0 $0.00 0.00 $0.00 0.00 $0.00 325 $8,775.00 0.00 $0.00 325.00 $8,775.00 969 $19,380.00 1108.00 $22,160.00 2077.00 $41,540.00 292 $11,680.00 0.00 $0.00 292.00 $11,680.00 325 $9,750.00 271.00 $8,130.00 596.00 $17,880.00 16 $32,000.00 11.00 $22,000.00 27.00 $54,000.00 16 $13,600.00 12.00 $10,200.00 28.00 $23,800.00 5 $2,500.00 3.00 $1,500.00 8.00 $4,000.00 2 $800.00 2.00 $800.00 4.00 $1,600.00 0 $0.00 0.00 $0.00 0.00 $0.00 0 $0.00 0.00 $0.00 0.00 $0.00 51.65 $1,291.25 0.00 $0.00 51.65 $1,291.25 81.15 $1,460.70 0.00 $0.00 81.15 $1,460.70 3073.89 $36,886.68 0.00 $0.00 3073.89 $36,886.68 1501.05 $27,018.90 664.66 $11,963.88 2165.71 $38,982.78 5 $450.00 0.00 $0.00 5.00 $450.00 294 $19,110.00 0.00 $0.00 294.00 $19,110.00 505.19 $30,311.40 0.00 $0.00 505.19 $30,311.40 90.05 $3,602.00 0.00 $0.00 90.05 $3,602.00 134 $2,680.00 0.00 $0.00 134.00 $2,680.00 rl Project: South Renton Water Main/Storm Sewer Replacement Phase I Contract Number: CAG-01-008 ontractor C/O Travelers Casualty & Surety Company Pay Estimate 8 Closing Date: 10/3/01 Item Description Unit Est. Unit Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount 045. Remove, Restore,Lawn, Landscaping Restoration Lump Sum 1 $7,500.00 0.1 $750.00 0.00 $0.00 0.10 $750.00 046. Replace, Pavement Markings 8 Traffic Buttons Lump Sum 1 $2,750.00 0.1 $275.00 0.00 $0.00 0.10 $275.00 047. Re -Establish Monumnets Each 4 $250.00 0 $0.00 0.00 $0.00 0.00 $0.00 048. CO# 1 re-establish vertical survey control Lump Sum 1 $3,720.00 1 $3,720.00 0.00 $0.00 1.00 $3,720.00 049, Change Order #2 Extra excavation due to concrete encased sewer main Each 1 $974.16 1 $974.16 0.00 $0.00 1.00 $974.16 050. Change Order#3 Extra excavation and materials for F.H. at Sta. 54+03 Each 1 $883.23 1 $883.23 0.00 $0.00 1.00 $883.23 051. Change Order # 4 Establish property comers for Staging Area Lump Sum 1 $1,185.00 1 $1,185.00 0.00 $0.00 1.00 $1.185.00 052. Change Order #5 Remove CB #24A for anthroplogical analysis of trench Each 1 $371.15 1 $371.15 0.00 $0.00 1.00 $371.15 053. Change Order #6 Excavate/remove existing asphalt Each 1 $3.902.86 0 $0.00 1.00 $3,902.86 1.00 $3,902.86 Subtotal $580,816.47 $137,956.74 $718,773.21 8.8% Sales Tax $51,111.86 $12,140.19 $63,252.05 TT Total $631,928.33 $150,096.93 $782,025.26 TO: FINANCE DIRECTOR FROM: PUBLIC WORKS ADMINISTRATOR CONTRACTOR: Travelers Casualty & Insurance Company of America CONTRACT NO. CAG-01-008 ESTIMATE NO. 7 Closing Date 09-7-01 PROJECT: South Renton Water Main/Storm Sewer Replacement Phase I 1. CONTRACTOR EARNINGS THIS ESTIMATE $52,269.54 2. SALES TAX @ 8.80% $4,599.72 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $56,869.26 4. EARNINGS PREVIOUSLY PAID CONTRACTOR 5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE 6. SUBTOTAL - CONTRACTOR PAYMENTS 7. RETAINAGE ON PREVIOUS EARNINGS 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE 9. SUBTOTAL - RETAINAGE 10. SALES TAX PREVIOUSLY PAID 11. SALES TAX DUE THIS ESTIMATE 12. SUBTOTAL - SALES TAX * (95% x LINE 1) ** (RETAINAGE: 5%of line 1) FINANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR (Lines 5 and 11): ACCOUNT 421.000500.018.5960.0034.65.55290/55290/5354 ACCOUNT 421.000600.018.5960.0038.65.65380/65380/5354 RETAINED AMOUNT (Line 8): ACCOUNT 421.000500.018.5960.0034.65.55290/55290/5354 421.000600.018.5960.0038.65.65380/65380/5353 CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION I, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM AUTHORIZED TO AUTHENTI ATE AND CERTIFY TTOE SAID CLAIM / Signed: u� 6mt' t11� $490,704.68 $49,656.06 $37,842.25 $2,613.48 $46,512.14 $4,599.72 GRAND TOTAL $32,207.66 # 7 $22,048.12 $1,551.43 # 7 $1,062.05 TOTAL THIS ESTIMATE EPTE�, 6ea,, I2, 2001 C',l�ac1 c.t� $540,360.74 $40,455.73 $51,111.86 $631,928.33 $54,255.78 $2,613.48 $56,869.26 Printed On: 9/12/01 City of Renton Public Works Department Page 1 project: South Renton Water Main/Storm Sewer Replacement Phase I Contract Number CAG-01-008 ontractor CIO Travelers Casualty & Surety Company Pay Estimate 7 Closing Date: 9/7/01 Item Description Unit Est. Unit Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount 001. Mobilization & Demobilization Lump Sum 1 $70,000.00 1 $70,000.00 0.00 $0.00 1.00 $70,000.00 002. Trench Excavation Safety Systems Lump Sum 1 53,500.00 0.7 $2,450.00 0.00 $0.00 0.70 $2,450.00 003. Construction and As -built Survey Data Lump Sum 1 $5,500.00 0.7 $3,850.00 0.00 50.00 0.70 $3.850.00 004. Traffic Control Lump Sum 1 $15,000.00 0.7 $10,500.00 0.00 50.00 0.70 $10,500.00 005. Temporary Erosion/Sedimentation Controls Lump Sum 1 $1,500.00 0.7 $1,050.00 0.00 $0.00 0.70 $1,050.00 006, 12' Ductile Iron Pipe, CI. 52 (Poly Wrapped) Linear Foot 3450 $55.00 2324 5127,820.00 430.00 $23,650.00 2754.00 $151,470.00 007. 10' Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 300 535.00 195 $6,825.00 40.00 $1.400.00 235.00 S8,225.00 008. 8' Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 35 $30.00 66 $1,980.00 0.00 $0.00 66.00 $1,980.00 009. 6' Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 60 $27.00 0 $0.00 0.00 $0.00 0.0o 50.00 010. 4' Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 36 $24.00 38 5912.00 0.00 50.00 38.00 $912.00 011. 12' gate valve assembly (no Vault) Each 19 $1,250.00 14 $17,500.00 0.00 $0.00 14.00 $17,500.00 012. 10' gate valve assembly (no Vault) Each 13 $1,050.00 12 $12,600.00 1.00 $1,050.00 13.00 $13,650.00 013. 8' gate valve assembly (no Vault) Each 2 $650.00 2 $1,300.00 0.00 50.00 2.00 $1,300.00 014. 6' gate valve assembly (no Vault) Each 2 5500.00 0 50.00 0.00 50.00 0.00 $0.00 015. 4' gate valve assembly (no Vault) Each 1 5350.00 1 5350.00 0.00 $0.00 1.00 $350.00 016. Furnish & Install 24" x 12" Tapping G.V. Assembly Each 2 53,450.00 2 $6,900.00 0.00 $0.00 2.00 $6,900.00 017. Furnish & Install 18' x 12' Tapping G.V. Assembly Each 2 53,250.00 1 $3,250.00 0.00 $0,00 1 DO 53,250.00 018. Fire Hydrant Assembly Each 17 $2.250.00 14 $31,500.00 1.00 52,250.00 15.00 533,750.00 019. 3/4' Water Service Connection Each 60 5650.00 20 $13,000.00 0.00 50.00 20.00 $13,000.00 020. 1" Water Service Connection Each 1 $600.00 0 50.00 0.00 $0.00 0.00 $0.00 021. 1-12" Water Service Connection Each 2 $1,250.00 0 50.00 0.00 $0.00 0.00 50.00 022. 2' Water Service Connection Each 1 $1.350.00 0 50.00 0.00 SO.00 0.00 $0.00 023. Connection to existing water main Each 11 $1,250.00 4 $5,000.00 0.00 $0.00 4.00 $5,000.00 024. Concrete for Thrust Blocking, Dead -Man Anchor Blocks Cubic Yard 30 $150.00 37.5 55,625.00 4.00 $600.00 41.50 56,225.00 025. Removal of Existing fire hydrants, valve boxes & other appurtenances 026. Furnish & Install 18' CPEP Storm Pipe 027. Furnish & Install 12' CPEP Storm Pipe 028. Furnish & Install 18" Ductile Iron Storm Pipe 029. Furnish & Install 12' Ductile Iron Storm Pipe 030. Furnish & Install CB Type-11, 48-Inch 031. Furnish & Install CB Type -I 032. Side Sewer Adjustment 033. Remove & Dispose Existing Storm Manholes Lump Sum 1 Linear Fool 373 Linear Fool 2519 Linear Foot 292 Linear Foot 483 Each 28 Each 42 Each 30 Each 3 $1,000.00 $27.00 520.00 540.00 $30.00 $2.000.00 5850.00 $500.00 5400.00 034. Remove & Dispose Existing Storm Water Pipe (Including Pipe Plugs) Lump Sum 1 $1,150.00 035. Remove & Dispose Existing Catch Basin Type -I Each 9 $350.00 036. Remove & Replacement of Unsuitable Foundation Material Ton 330 $25.00 037. Furnish & Install Quarry Spalls Ton 175 $18.00 038. Select Imported Trench Backfill Ton 2675 $12.00 039. Crushed Surfacing Top Course & Crushed Rock Backfll Ton 970 $18.00 040. Controlled Density Fill Cubic Yard 12 $90.00 041. Asphalt Patch Class B Ton 620 $65.00 042. Asphalt Patch Class B. or ATB for Temp. Patch Ton 1200 $60.00 043. Remove & Replace Sidewalk & Driveway Square yard 40 540.00 044. Remove & Replace Curb & Gutter Linear Fool 150 $20.00 0 $0.00 0.00 $O.00 0.00 50.00 32 $864.00 293.00 $7,911.00 325.00 58,775.00 820 $16,400.00 149.00 $2,980.00 969.00 $19,380.00 292 $11,680.00 0.00 $0.00 292.00 $11,680,00 325 $9,750.00 0.00 SO.00 325.00 $9,750.00 12 $24,000.00 4.00 $8.000.00 16.00 $32.000.00 16 $13.600.00 0.00 $0.00 16.00 $13,600.00 5 $2,500.00 0.00 $0.00 5.00 52,500.00 2 $800.00 0.00 50.00 2.00 $800.00 0 50.00 0.00 SO.00 0.00 $0.00 0 $0.00 0.00 $0.00 0.00 $OAO 51.65 $1,291.25 0.00 50.00 51.65 $1,291.25 81.15 $1,460.70 0.00 $0.00 81.15 $1.460.70 2977.86 535,734.32 96.03 $1.152.36 3073.89 $36,886.68 1344.04 $24.192.72 157.01 $2,826.18 1501.05 $27,018.90 0 SO.00 5.00 5450.00 5.00 5450.00 294 $19,110.00 0.00 $O.00 294.00 $19,110.00 505.19 $30,311.40 0.00 $0.00 505.19 530,311.40 90.05 53,602.00 0.00 $0.00 90.05 $3,602.00 134 $2,680.00 0.00 $0.00 134.00 $2,680.00 pray: South Renton Water MairVStorm Sewer Replacement Phase I ontractor CIO Travelers Casualty 8 Surety Company Item Description No. Contract Number. CAG-01-008 Pay Estimate 7 Closing Date: 977101 Unit Est. Unit Previous Previous This This Total Total Quantity Price Quantity Amount Quantity Amount Quantity Amount 045. Remove, Restore,Lawn, Landscaping Restoration Lump Sum 1 $7,500.00 046. Replace. Pavement Markings 8 Traffic Buttons Lump Sum 1 $2,750.00 047. Re -Establish Monumnets Each 4 $250.00 048. CO# 1 re-establish vertical survey control Lump Sum 1 $3,720.00 049. Change Order #2 Extra excavation due to concrete encased sewer main Each 1 $974.16 050. Change Order#3 Extra excavation and materials for F.H. at Sta. 54+03 Each 1 $883.23 051. Change Order # 4 Establish property comers for Staging Area Lump Sum 1 $1,185.00 052. Change Order #5 Remove CB #24A for anthroplogical analysis of trench Each 1 $371.15 Subtotal 8.8% Sales Tax TT Total 0.1 $750.00 0.00 $0.00 0.10 $750.00 0.1 $275.00 0.00 $0.00 0.10 5275.00 0 $0.00 0.00 $0.00 0.00 SO.00 1 53,720.00 0.00 $0.00 1.00 $3.720.00 1 $974.16 0.00 $0.00 1.00 $974.16 1 $883.23 0.00 $0.00 1.00 5883.23 1 $1.185.00 0.00 $0.00 1.00 $1,185.00 1 5371.15 0.00 $0.00 1.00 5371.15 5528,546.93 $52,269.54 5580,816.47 $46,512.14 54,599.72 551,111.86 5575,059.07 556,869.26 $631,928.33 �_fL-el SEP 11'21 13:47 FR NORTHWEST CASCADE 206 848 2545 TO 142543a7241 P.02i02 DTwsP a STATEMENT OF INTENT �'902-5335 TO PAY PREVAJNG WAGES THIS FORM MUST BE TYPED OR PRINTED IN INK Public z Works `Contract Md LKQ= f .. rm+.r hs aroemse l and wx be TPlL-nLn� �a iii'fL nn�m $2J. V V FlU ng Fee Required j -W- bold tta:nbas IDYL m kwa oan on b6& of fam. pcopa Cn� A.rMvm&jmm �MY��►P /�or/�MrA�r�wt,.d,�ye„r6� 2 R` '_-- .... ._...................... '^zz:1y.^"�:d;.>%�. rT—Aa°e=byYAg-�i � � SA&N R *icy. scab d 78. 4 IF )Ss 5-(�L .................... I........................ ......... Bid des alas amv,�.tot � coocacoc - 3 �fvtr�� k Rti lJY.4 R.G�fiTit[)oa ha Do yop,at..,d ao ve.--- m1 I')p yap base Y•s Z3 No Yas ED No IIIdlcffiL ir1Ul dU�181' tdRo= of j'= contract 1$-T 4 R= Of 5 Rxtr of Boady 6 Euianaed N� — How Pvy Fringe Ecwf= of Weh— I baaby omit daa the above 'J - - - is c=*= and dLa all rm I -VLOY m tts Pabbc Wodv Ptoy=.iIl be pod no" than the Prate a'04- Raze(A) r '- d by de Ind-mW Steam d the Depalm= d L-bw sod I mdeoawd tb.1 oaausc4a ..bo •iolaca ptwaZmg Wabe L-9. iA- mmooC dwzMm4 alacope of wa& of rocker,, impso� - Pa7 of pmvzzing raVrt_ ae., a sobjact to fine sadlor dsbacmca and v. n bs Rymod tO Pay saj back wag- A�. m -adcaa RCW 79.12Q5Q 7 NOTARY: Complete mE 4 copke and twmrtm =Sj pn* with znm.e or fast SLbaQlbcd nd Swum to bcfom tat this dutc: 9-11-01 My caplmuaim c�atu on Notary Pub& in and for rbe swc ' 00- `1,- .• :}��: � r�.Mx'.', iA..�.C??�.c�?C�'r •. a�i�2.f;»{ �_ A i ROe' f Mr Depar=cntOf Labor and Indu ics ay lmmi�I •�-: = w F. LAI Wt s U- my n•. PA6t724400 n.ama of m yq 19a Dsmab.nboo of APP--d Cop ss: W 6te _ A-, k.y Gauy - LAI punk - A.iae C,0Gm� Coldrnnod - Sbboo�aor ** TOTAL PAGE.002 ** TC.. FINANCE DIRECTOR FROM: PUBLIC WORKS ADMINISTRATOR CONTRACTOR: Katspan, Inc. C/O Travelers Casualty & Surety Company CONTRACT NO. CAG-01-008 ESTIMATE NO. 6 Closing Date 08-17-01 PROJECT: South Renton Water Main/Storm Sewer Replacement Phase I 1. CONTRACTOR EARNINGS THIS ESTIMATE $42,239.00 2. SALES TAX @ 8.80% $3,717.03 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $45,956.03 . 4. EARNINGS PREVIOUSLY PAID CONTRACTOR 5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE 6. SUBTOTAL - CONTRACTOR PAYMENTS 7. RETAINAGE ON PREVIOUS EARNINGS 8. '" RETAINAGE ON EARNINGS THIS ESTIMATE 9. SUBTOTAL - RETAINAGE 10. SALES TAX PREVIOUSLY PAID 11. SALES TAX DUE THIS ESTIMATE 12. SUBTOTAL - SALES TAX * (95% x LINE 1) `* (RETAINAGE: 5% of line 1) FINANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR (Lines 5 and 11): ACCOUNT 421.000500.018.5960.0034.65.55290/55290/5354 ACCOUNT 421.000600.018.5960.0038.65.65380/65380/5354 RETAINED AMOUNT (Line 8): ACCOUNT 421.000500.018.5960.0034.65.55290/55290/5354 421.000600.018.5960.0038.65.65380/65380/5353 CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION I, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM Signed: $450,577.63 % $40,127.05 $35,730.30 . $2,111.95 $42,795.11 $3,717.03 GRAND TOTAL: $25,656.25 # 6 $18,187.84 $1,235.85 # 6 $876.10 $490,704.68 . $37,842.25 $46, 512.14 $575,059.07 $43,844.08 $2,111.95 TOTAL THIS ESTIMATE: $45,956.03 .,-- Printed On: 8/17/01 City of Renton Public Works Department Page 1 project: South Renton Water Main/Storm Sewer Replacement Phase I ontractor Katspan, Inc. C/O Travelers Casualty & Surety Company Item Description No. Pay Estimate Unit Est. Quantity 6 Unit Price Contract Number: Closing Date: Previous Previous Quantity Amount CAG-01-008 8/17/01 This Quantity This Amount Total Quantity Total Amount 001. Mobilization & Demobilization Lump Sum 1 $70,000.00 1 $70,000.00 0.00 $0.00 1.00 $70,000.00 002. Trench Excavation Safety Systems Lump Sum 1 $3,500.00 0.7 $2,450.00 0.00 $0.00 0.70 $2,450.00 003. Construction and As -built Survey Data Lump Sum 1 $5,500.00 0.7 $3,850.00 0.00 $0.00 0.70 $3.850.00 004. Traffic Control Lump Sum 1 $15,000.00 0.7 $10,500.00 0.00 $0.00 0.70 $10.500.00 005. Temporary Erosion/Sedimentation Controls Lump Sum 1 $1.500.00 0.7 $1,050.00 0.00 $0.00 0.70 $1,050.00 006. 12" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 3450 $55.00 2205 $121,275.00 119.00 $6,545.00 2324.00 $127,820.00 007. 10" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 300 $35.00 183 $6,405.00 12.00 $420.00 195.00 $6,825.00 008. 8" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 35 $30.00 50 $1,500.00 16.00 $480.00 66.00 $1.980.00 009. 6" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 60 $27.00 0 $0.00 0.00 $0.00 0.00 $0.00 010. 4' Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 36 $24.00 35 $840.00 3.00 $72.00 38.00 $912.00 011. 12" gate valve assembly (no Vault) Each 19 $1,250.00 10 $12,500.00 4.00 $5,000.00 14.00 $17,500,00 012. 10" gate valve assembly (no Vault) Each 13 $1,050.00 5 $5,250.00 7.00 $7,350.00 12.00 $12,600.00 013. 8" gate valve assembly (no Vault) Each 2 $650.00 1 $650.00 1.00 $650.00 2.00 $1,300.00 014. 6' gate valve assembly (no Vault) Each 2 $500.00 0 $0.00 0.00 $0.00 0.00 $0.D0 015. 4" gate valve assembly (no Vault) Each 1 $350.00 1 $350.00 0.D0 $0.00 1.00 $350.D0 016. Furnish & Install 24" x 12" Tapping G.V. Assembly Each 2 $3,450.00 2 $6,900.00 0.00 $0.00 2.00 $6,9D0.D0 017. Furnish & Install 18" x 12" Tapping G.V. Assembly Each 2 $3,250.00 1 $3,250.00 0.00 $0.00 1.00 $3,250.00 018. Fire Hydrant Assembly Each 17 $2,250.00 13 $29,250.00 1.00 $2,250.00 14.00 $31,500.D0 019. 314" Water Service Connection Each 60 $650.00 17 $11,050.00 3.00 $1,950.00 20.00 $13,000.00 020. 1" Water Service Connection Each 1 $600.00 0 $0.00 0.00 $0.00 0.00 $0.00 021. 1-1/2" Water Service Connection Each 2 $1,250.00 0 $0.00 0.00 $0.00 0.00 $0.00 022. 2" Water Service Connection Each 1 $1,350.00 0 $0.00 0.00 $0.00 0.00 $0.00 023. Connection to existing water main Each 11 $1,250.00 4 $5,000.00 0.00 $0.00 4.00 $5,000.00 024. Concrete for Thrust Blocking, Dead -Man Anchor Blocks Cubic Yard 30 $150.00 37.5 $5,625.00 0.00 $0.00 37.50 $5,625.00 025. Removal of Existing fire hydrants, valve boxes & other appurtenances Lump Sum 1 $1,000.00 0 $0.D0 0.00 $0.00 0.00 $0.00 026. Furnish & Install 18" CPEP Storm Pipe Linear Foot 373 $27.00 146 $3,942.00 -114.00 ($3,078.00) 32.00 $864.00 027. Furnish & Install 12" CPEP Storm Pipe Linear Foot 2519 $20.00 801 $16,020.00 19.00 $380.00 820.00 $16,400.00 028. Furnish & Install 18' Ductile Iron Storm Pipe Linear Foot 292 $40.00 192 $7,680.00 100.00 $4,000.00 292.00 $11,680.00 029. Furnish & Install 12" Ductile Iron Storm Pipe Linear Fool 483 $30.00 106 $3,180.00 219.00 $6,570.00 325.00 $9.750.00 030. Furnish & Install CB Type-11, 48-Inch Each 28 $2,000.00 11 $22,000.00 1.00 $2,000.00 12.00 $24,000.00 031. Furnish & Install CB Type -I Each 42 $850.00 7 $5,950.00 9.00 $7,650.00 16.00 $13,600.00 032. Side Sewer Adjustment Each 30 $500.00 5 $2.500.00 0.00 $0.00 5.00 $2,500.00 033. Remove & Dispose Existing Storm Manholes Each 3 $400.00 2 $800.00 0.00 $0.00 2.00 $800.D0 034. Remove & Dispose Existing Storm Water Pipe (Including Pipe Plugs) Lump Sum 1 $1,150.00 0 $0.00 0.00 $0.00 0.00 $0.D0 035. Remove & Dispose Existing Catch Basin Type -I Each 9 $350.00 0 $0.00 0.00 $0.00 0.00 $0.00 036. Remove & Replacement of Unsuitable Foundation Material Ton 330 $25.00 51.65 $1,291.25 0.00 $0.00 51.65 $1.291.25 037. Furnish & Install Quarry Spalls Ton 175 $18.00 81.15 $1,460.70 0.00 $0.00 81.15 $1,460.70 038. Select Imported Trench Backfill Ton 2675 $12.00 2977.86 $35,734.32 0.00 $0.00 2977.86 $35,734.32 039. Crushed Surfacing Top Course & Crushed Rock Backfill Ton 970 $18.00 1344.04 $24,192.72 0.00 $0.00 1344.04 $24,192.72 040. Controlled Density Fill Cubic Yard 12 $90.00 0 $0.00 0.00 $0.00 0.00 $0.00 041. Asphalt Patch Class B Ton 620 $65.00 294 $19,110.00 0.00 $0.00 294.00 $19,110.00 042. Asphalt Patch Class B, or ATB for Temp. Patch Ton 1200 $60.00 505.19 $30,311.40 0.00 $0.00 505.19 $30,311.40 043. Remove & Replace Sidewalk & Driveway Square yard 40 $40.00 90.05 $3,602.00 0.00 $0.00 90.05 $3,602.00 044. Remove & Replace Curb & Gutter Linear Foot 150 $20.00 134 $2,680.00 0.00 $0.00 134.00 $2,680.00 Project: South Renton Water Main/Storm Sewer Replacement Phase I Contract Number: CAG-01-008 ontractor Katspan, Inc. C/O Travelers Casualty 8 Surety Company Pay Estimate 6 Closing Date: 8/17/O1 Item Description Unit Est. Unit Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount 045. Remove. Restore,Lawn, Landscaping Restoration Lump Sum 1 $7,500.00 046. Replace, Pavement Markings 8 Traffic Buttons Lump Sum 1 $2,750.00 047. Re -Establish Monumnets Each 4 $250.00 048. CO# 1 re-establish vertical survey control Lump Sum 1 $3,720.00 049. Change Order #2 Extra excavation due to concrete encased sewer main Each 1 $974.16 050. Change Order#3 Extra excavation and materials for F.H. at Sta. 54+03 Each 1 $883.23 051. Change Order # 4 Establish property comers for Staging Area Lump Sum 1 $1,185.00 052. Change Order #5 Remove CB #24A for anthroplogical analysis of trench Each 1 $371.15 Subtotal 8.8% Sales Tax TT Total 0.1 $750.00 0.00 $0.00 0.10 $750.00 0.1 $275.00 0.00 $0.00 0.10 $275.00 0 $0.00 0.00 $0.00 0.00 $0.00 1 $3,720.00 0.00 $0.00 1.00 $3.720.00 1 $974.16 0.00 $0.00 1.00 $974.16 1 $883.23 0.00 $0.00 1.00 $883.23 1 $1,185.00 0.00 $0.00 1.00 $1,185.00 1 $371.15 0.00 $0.00 1.00 $371.15 $486,307.93 $42,239.00 i $528,546.93' $42,795.11 $3,717.03 $46,512.14 $529,103.04 $45,956.03 $575,059.07 if::�- ss- 1-7-4t TO: FINANCE DIRECTOR ti FROM: PUBLIC WORKS ADMINISTRATOR CONTRACTOR: Katspan, Inc. C/O Travelers Casualty & Surety Company CONTRACT NO. CAG-01-008 ESTIMATE NO. 5 Closing Date 07-20-01 PROJECT: South Renton Water Main/Storm Sewer Replacement Phase I 1. CONTRACTOR EARNINGS THIS ESTIMATE $61,131.38 2. SALES TAX @ 8.80% $5,379.57 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $66,510.95 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $396,785.82 5. EARNINGS DUE CONTRACTOR THIS ESTIMATE $53,791.81 6. SUBTOTAL - CONTRACTOR PAYMENTS $450,577.63 7. RETAINAGE ON PREVIOUS EARNINGS $28,390.73 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE $7,339.57 9. SUBTOTAL - RETAINAGE $35,730.30 10. SALES TAX PREVIOUSLY PAID $37,415.54 11. SALES TAX DUE THIS ESTIMATE $5,379.57 12. SUBTOTAL - SALES TAX $42,795.12 * (95% x LINE 1) *' (RETAINAGE. 5% of line 1) GRAND TOTAL: $529,103.05 FINANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR (Lines 5 and 11): ACCOUNT 421.000500.018.5960.0034.65.55290/55290/5354 ACCOUNT 421.000600.018.5960.0038.65.65380/65380/5354 RETAINED AMOUNT (Line 8): ACCOUNT 421.000500.018.5960.0034.65.55290/55290/5354 421.000600.018.5960.0038.65.65380/65380/5353 CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION I, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM Signed: $37,177.32 # 5 $21, 994.06 $6,280.13 # 5 $1,059.44 $59,171,37 $7,339.57 TOTAL THIS ESTIMATE: $66,510.95 Printed On: 07/26/2001 City of Renton Public Works Department Page 1 Project: South Renton Water Main/Storm Sewer Replacement Phase I ontractor Katspan, Inc. C/O Travelers Casualty & Surety Company Pay Estimate Contract Number: CAG-01-008 4 Closing Date: 06/2012001 Item Description Unit Est. Unit Previous Previous This This Total Total No. Reryi�Quantity Price Quantity Amount Quantity Amount Quantity Amount 001. Mobilization & Demobilization Lump Sum 1 $70,000.00 1 $70,000.00 0.00 $0.00 1.00 $70,000.00 002. Trench Excavation Safety Systems Lump Sum 1 $3,500.00 0.52 $1,820.00 0.18 $630.00 0.70 $2,450.00 003. Construction and As -built Survey Data Lump Sum 1 $5,500.00 0.7 $3,850.00 0.00 $0.00 0.70 $3,850.00 004. Traffic Control Lump Sum 1 $15,000.00 0.52 $7,800.00 0.18 $2,700.00 0.70 $10,500.00 005, Temporary Erosion/Sedimentation Controls Lump Sum 1 $1,500.00 0.52 $780.00 0.18 $270.00 0.70 $1,050.00 �_ 4 006. 12" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) i 24 L 6 o a Linear Foot 3450 s $55.00 2120 $116,600.00 85.00 $4,675.00 2205.00 $121,275.00 007. 10" Ductile Iron Pipe, CI. 52 (Poly Wrapped) , 516 i b Linear Foot 300 $35.00 135 $4,725.00 4&00 $1,680.00 183.00 $6,405.00 008. 8" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 35 $30.00 5 $150.00 45,00 $1,350.00 50.00 $1,500.00 009. 6" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) [J� W .- , f� �i Linear Foot aO $27.00 0 $0.00 0.00 $0.00 0.00 $0.00 010. 4" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 36 $24.00 0 $0.00 35.00 $840,00 35.00 $840.00 011. 12 gate valve assembly (no Vault) q _ j I ASS Each 19 $1,250.00 8 $10,000.00 2.00 $2,500,00 10,00 $12,500.00 012. 10" gate valve assembly (no Vault) A .4 ov Each 13 $1,050.00 5 $5,250.00 0.00 $0.00 5.00 $5,250.00 013. B" gate valve assembly (no Vault) ` _ i 6 `SU Each 2 $650.00 1 $650.00 0,00 $0.00 1.00 $650.00 014. 6" gate valve assembly (no Vault) Each 2 $500.00 0 $0.00 0.00 $0.00 0.00 $0.00 015, 4" gate valve assembly (no Vault) Each 1 $350.00 1 $350.00 0.00 $0.00 1.00 $350.00 016. Furnish & Install 24" x 12 Tapping G.V. Assembly Each 2 $3,450.00 2 $6,900.00 0.00 $0.00 2.00 $6,900.00 01T Furnish & Install 18" x 12" Tapping G.V. Assembly Each 2 $3,250.00 1 $3,250.00 0.00 $0.00 1.00 $3,250.00 018. Fire Hydrant Assembly Each -7 $2,250.00 10 $22,500.00 3.00 $6,750.00 13:00- $29,250.00 019. 3/4" Water Service Connection Each �t $650.00 17 $11,050.00 0.00 $0.00 $11,050.00 020. 1" Water Service Connection Each 1 $600.00 0 $0.00 0.00 $0.00 0.00 $0.00 021. 1-1/2" Water Service Connection Each 2 $1,250.00 0 $0.00 0.00 $0.00 0.00 $0.00 022. 2" Water Service Connection Each 1 $1,350.00 0 $0.00 0.00 $0.00 0.00 $0.00 023. Connection to existing water main Each $1,250.00 4 $5,000.00 0.00 $0.00 00 $5,000.00 024 Concrete for Thrust Blocking, Dead -Man Anchor Blocks Cubic Yard 30 $150.00 27.75 $4,162.50 175 $1,462.50 37.50 $5,625.00 025, Removal of Existing fire hydrants, valve boxes & other appurtenances Lump Sum 1 026 Furnish & Install 18" CPEP Storm Pipe Linear Foot 373 027 Furnish & Install 12" CPEP Storm Pipe Linear Foot 028. Furnish & Install 18" Ductile Iron Storm Pipe Linear Foot 292 029. Furnish & Install 12 Ductile Iron Storm Pipe Linear Foot 483 030 Furnish & Install CB Type -II, 48-Inch Each 28 031. Furnish & Install CB Type -I Each 42 032, Side Sewer Adjustment Each 30 033. Remove & Dispose Existing Storm Manholes Each 3 034. Remove & Dispose Existing Storm Water Pipe (Including Pipe Plugs) Lump Sum 1 035. Remove & Dispose Existing Catch Basin Type -I Each 9 036. Remove & Replacement of Unsuitable Foundation Material Ton 330 037, Furnish & Install Quarry Spalls Ton 175 Imported Trench Backfill Ton �Select . Crushed Surfacing Top Course & Crushed Rock Backfill (6675 Ton 970 040. 15ontrolled Density Fill Cubic Yard 041. Asphalt Patch Class B Ton 620 042. Asphalt Patch Class B, or ATB for Temp. Patch Ton 1200 043. Remove & Replace Sidewalk & Driveway Square yard 40 044. Remove & Replace Curb & Gutter Linear Foot 150 $1,000.00 $27.00 $20.00 $40.00 $30.00 $2,000.00 $850.00 $500.00 $400.00 $1,150.00 $350.00 $25.00 $18.00 $12.00 $18.00 $90.00 $65.00 $60.00 $40.00 $20.00 0 $0.00 0.00 $0.00 0.00 $0.00 134 $3,618.00 I&M $324.00 146.00 $3,942.00 763 $15,260.00 $760.00 -00 $16,020.00 192 $7,680.00 0.00 $0.00 192.00 $7,680.00 84 $2,520.00 $660.00 106.00 $3,180.00 10 $20,000.00 $2,000.00 11,00 $22,000.00 4 $3,400.00 am $2,550.00 7.00 $5.950.00 5 $2,500.00 0.00 $0.00 5.00 $2,500.00 2 $800.00 0.00 $0.00 2.00 $800.00 0 $0.00 0.00 $0.00 0.00 $0.00 0 $0.00 0.00 $0.00 0.00 $0.00 51.65 $1,291.25 0.00 $0.00 51.65 $1,291.25 81.15 $1,460.70 0.00 $0.00 81.15 $1,460.70 2452.87 $29,434.44 524.99 $6,299.88 2977,86 $35,734.32 1200.94 $21,616.92 143.10 $2,575.80 1344.04 $24,192.72 0 $0.00 0.00 $0.00 0.00 $0.00 0 $0.00 294.00 $19,110.00 294.00 $19,110.00 438.62 $26,317.20 66.57 $3,994.20 505.19 $30,311.40 90.05 $3,602.00 0.00 $0.00 90.05 $3,602.00 134 $2,680.00 0.00 $0.00 134.00 $2,680.00 I Project: South Renton Water Main/Storm Sewer Replacement Phase I ontractor Katspan, Inc. C/O Travelers Casualty & Surety Company Item Description No. Pay Estimate Unit Est. Quantity 4 Unit Price Contract Number: Closing Date: Previous Previous Quantity Amount CAG-01-008 06/20/2001 This Quantity This Amount Total Quantity Total Amount 045. Remove, Restore,Lawn, Landscaping Restoration Lump Sum 1 $7,500.00 0.1 $750.00 0,00 $0.00 0.10 $750.00 046. Replace, Pavement Markings & Traffic Buttons Lump Sum 1 $2,750.00 0.1 $275.00 0,00 $0.00 0.10 $275.00 047, Re -Establish Monumnets Each 4 $250.00 0 $0.00 000 $0.00 0.00 $0.00 048. CO# 1 re-establish vertical survey control Lump Sum 1 $3,720.00 1 $3,720.00 0.00 $0.00 1.00 $3,720.00 049. Change Order #2 Extra excavation due to concrete encased sewer main Each 1 $974.16 1 $974.16 0.00 $0.00 1.00 $974.16 050. Change Order#3 Extra excavation and materials for F.H. at Sta. 54+03 Each 1 $883.23 1 $883.23 0.00 $0.00 1.00 $883.23 051. Change Order # 4 Establish property comers for Staging Area Lump Sum 1 $1,185.00 1 $1,185.00 0.00 $0.00 1.00 $1,185.00 052. Change Order #5 Remove CB #24A for anthroplogical analysis of trench Each 1 $371.15 1 $371.15 0.00 $0.00 1.00 $371.15 Subtotal $425,176.55 $61,131.38 $486,307.93 8.8 % Sales Tax $37,415.54 $5,379.57 $42,795.10 TT Total $462,592.09 $66,510.95 $529,103.03 `1I2,1�4. 3�- �, Zq OI�)6. Ot TO: FINANCE DIRECTOR FROM: PUBLIC WORKS ADMINISTRATOR CONTRACTOR: Katspan, Inc. C/O Travelers Casualty & Surety Company CONTRACT NO. CAG-01-008 PROJECT: South Renton Water Main/Storm Sewer Replacement Phase I ESTIMATE NO. 4 Closing Date 06-20-01 1. CONTRACTOR EARNINGS THIS ESTIMATE $21,740.70 2. SALES TAX @ 8.80% $1,913.19 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $23,653.89 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $366,529.15 4A rec/ass retainage to earnings do to release of Fleur claim $9,603.00 5. EARNINGS DUE CONTRACTOR THIS ESTIMATE $20,653.67 6. SUBTOTAL - CONTRACTOR PAYMENTS $396,785.82 7. RETAINAGE ON PREVIOUS EARNINGS $36,906.70 7A reduction of retainage due to release of Fleur claim ($9,603.00) 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE $1,087.03 9. SUBTOTAL - RETAINAGE $28,390.73 10. SALES TAX PREVIOUSLY PAID $35,502.35 11. SALES TAX DUE THIS ESTIMATE $1,913.19 12. SUBTOTAL - SALES TAX $37,415.54 * (95% x LINE 1) ** (RETAINAGE. 5% of line 1) GRAND TOTAL: $462,592.09 FINANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR (Lines 5 and 11): ACCOUNT 421.000500.018.5960.0034.65.55290/55290/5354 $10,482.35 # 4 ACCOUNT 421.000600.018.5960.0038.65.65380/65380/5354 $12,084.50 RETAINED AMOUNT (Line 8): ACCOUNT 421.000500.018.5960.0034.65.55290/55290/5354 $504.93 # 4 421.000600.018.5960.0038.65.65380/65380/5353 $582.11 $22, 566.85 $1,087.04 TOTAL THIS ESTIMATE: $23,65189 CHARTER 116, LAWS OF 1965 // CITY OF RENTON CERTIFICATION ' 6(` 101 I, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM Signed: &No lt/1% Printed On: 6/27/01 City of Renton Public Works Department Page 1 r Project: South Renton Water Main/Storm Sewer Replacement Phase I Contract Number CAG-01-008 ontractor Katspan, Inc. C/O Travelers Casualty & Surety Company Pay Estimate 4 Closing Date: 6/20/01 Item Description Unit Est. Unit Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount 001. Mobilization & Demobilization Lump Sum 1 $70,000.00 1 $70,000.00 0.00 $0.00 1.00 $70,000.00 002. Trench Excavation Safety Systems Lump Sum 1 $3,500.00 0.52 $1,820.00 0.00 $0,00 0.52 $1,820.00 003. Construction and As -built Survey Data Lump Sum 1 $5,5W0 00 0.7 $3,850.00 0.00 $0.00 0.70 $3,850.00 004. Traffic Control Lump Sum 1 $15,000.00 0.52 $7,800.DO 0.00 $0.00 0.52 $7,800.00 005. Temporary Erosion/Sedimentation Controls Lump Sum 1 $1,500,00 0.52 $780.OD 0,00 $0,00 0.52 $780.00 006. 12" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 3450 $55.00 2120 $116,600.00 0.00 $0.00 2120.00 $116,600.00 007. 10" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Fool 300 $35,00 95 $3,325,00 40,00 $1,400.00 135.00 $4,725.00 008. 8" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 35 $30,00 5 $150.00 0.00 $0.00 5.00 $150.00 009. 6" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 60 $27,00 0 $0,00 0.00 $0,00 0.00 $0.00 010. 4" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 36 $24.00 0 $0.00 0.00 $0.00 0.00 $0.00 011. 12" gate valve assembly (no Vault) Each 19 $1.250.00 8 $10,000.00 &00 $0.00 8,00 $10,000.00 012. 10" gate valve assembly (no Vault) Each 13 $1,050.00 5 $5,250.00 0,00 $0.00 5.00 $5,250.00 013. 8" gate valve assembly (no Vault) Each 2 $650.00 1 $650.00 0.00 $0.00 1.00 $650.00 014. 6" gate valve assembly (no Vault) Each 2 $500.00 0 $0.00 0.00 $0.00 0.00 $0.00 015. 4" gate valve assembly (no Vault) Each 1 $350,00 1 $350.00 0.00 $0.00 1.00 $350.00 016. Furnish & Install24" x 12" Tapping G.V. Assembly Each 2 $3,450,00 2 $6,900.00 0.00 $0.00 2.00 $6,900.00 017. Furnish & Install 18" x 12" Tapping G.V. Assembly Each 2 $3,250,00 1 $3,250.00 0.00 $0.00 1.00 $3,250.00 018. Fire Hydrant Assembly Each 17 $2,250.00 8 $18,000.00 2.00 $4,500.00 10.00 $22,500.00 019. 3/4" Water Service Connection Each 60 $650.00 17 $11,050.00 0,00 $0,00 17,00 $11,050.00 020. 1" Water Service Connection Each 1 $600.00 0 $0.00 0.00 $0.00 0.00 $0.00 021, 1-1P2" Water Service Connection Each 2 $1.250.00 0 $0.00 000 $0.00 0.00 $0.00 022. 2" Water Service Connection Each 1 $1,350.00 0 $0,00 0.00 $0.00 0.00 $0.00 023. Connection to existing water main Each 11 $1,250.00 4 $5,000.00 0.00 $0.00 4.00 $5,000.00 024. Concrete for Thrust Blocking, Dead -Man Anchor Blocks Cubic Yard 30 $150.00 27.75 $4,162.50 0.00 $0.00 27.75 $4,162.50 025. Removal of Existing fire hydrants, valve boxes & other appurtenances 026, Fumish & Install 18" CPEP Storm Pipe 027. Furnish & Install 12" CPEP Storm Pipe 028. Furnish & Install 18" Ductile Iron Storm Pipe 029. Furnish & Install 12" Ductile Iron Storm Pipe 030. Furnish & Install CB Type -II, 48-Inch 031. Furnish & Install CB Type -I 032. Side Sewer Adjustment 033. Remove & Dispose Existing Storm Manholes Lump Sum 1 Linear Foot 373 Linear Foot 2519 Linear Foot 292 Linear Foot 433 Each 28 Each 42 Each 30 Each 3 $1, 000.00 $27.00 $20.00 $40.00 $30 00 $2.000 00 $850.00 $500.00 $400.00 034. Remove & Dispose Existing Storm Water Pipe (Including Pipe Plugs) Lump Sum 1 $1,150,00 035. Remove & Dispose Existing Catch Basin Type -I Each 9 $350.00 036. Remove & Replacement of Unsuitable Foundation Material Ton 330 $25.00 037. Furnish & Install Quarry Spalls Ton 175 $18.00 038. Select Imported Trench Ball Ton 2675 $12.00 039. Crushed Surfacing Top Course & Crushed Rock Backfill Ton 970 $18.00 040. Controlled Density Fill Cubic Yard 12 $9&00 041. Asphalt Patch Class B Ton 620 $65.00 042. Asphalt Patch Class B. or ATB for Temp. Patch Ton 1200 $60.00 043. Remove & Replace Sidewalk & Driveway Square yard 40 $40.00 044. Remove & Replace Curb & Gutter Linear Foot 150 $20.00 0 $0.00 0.00 $0.00 0,00 $0.00 134 $3,618,00 0.00 $0.00 134.00 $3,618.00 625 $12,500.DO 138.00 $2,760.00 763.00 $15,260.00 192 $7.680.DO 0.00 $0.00 192.00 $7,680.00 84 $2.520.00 0.00 $0.00 84.00 $2,520.00 9 $18,000.00 1.00 $2,000.00 10.00 $20,000.00 2 $1,700.00 2.00 $1,700.00 4,00 $3,400.00 4 $2,000.00 1.00 $500.00 5.00 $2,500.00 2 $800.00 0.00 $0.00 2.00 $800.00 0 $0.00 0.00 $0,00 0.00 $0.00 0 $0,00 0.00 $0,00 0.00 $0,00 51,65 $1.291.25 0.00 $0,00 51.65 $1,291.25 81.15 $1,460.70 0.00 $0.00 81.15 $1,460.70 2452.87 $29,434.44 0.00 $0.00 2452,87 $29,434.44 1127.09 $20,28Z62 73.85 $1,329.30 1200.94 $21,616.92 0 $0.00 0.00 $&00 0.00 $0.00 0 $0.00 0.00 $0,00 0,00 $0.00 412.13 $24,727.80 26,49 $1.589.40 438.62 $26,317.20 8 $320.00 82.05 $3,282.00 90.05 $3,602.00 0 $0.00 134.00 $2,680.00 134.00 $2,680.00 project: South Renton Water Main/Storm Sewer Replacement Phase I Contract Number CAG-01-008 ontractor Katspan, Inc. C/O Travelers Casualty & Surety Company Pay Estimate 4 Closing Date: 6/20/01 Item Description Unit Est. Unit Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount 045. Remove. Restore,Lawn, Landscaping Restoration Lump Sum 1 $7,500.00 0.1 $750,00 0.00 $0.00 0.10 $750.00 046. Replace, Pavement Markings & Traffic Buttons Lump Sum 1 $2,750.00 0.1 $275.00 0.00 $0.00 0.10 $275.00 047. Re -Establish Monumnets Each 4 $250.00 0 $0.00 0.00 $0.00 0.00 $0.00 048. CO# 1 re-establish vertical survey control Lump Sum 1 $3,720.00 1 $3,720.00 0.00 $0.00 1.00 $3,720.00 049. Change Order #2 Extra excavation due to concrete encased sewer main Each 1 $974.16 1 $974.16 0.00 $0.00 1.00 $974.16 050. Change Order#3 Extra excavation and materials for F.H. at Sta. 54+03 Each 1 $883.23 1 $883.23 0.00 $0.00 1.00 $883.23 051. Change Order # 4 Establish property comers for Staging Area Lump Sum 1 $1,185.00 1 $1.185.00 0,00 $0.00 1.00 $1,185.00 052. Change Order #5 Remove CB #24A for anthroplogical analysis of trench Each 1 $371.15 1 $371.15 0.D0 $0.D0 1.00 $371.15 Subtotal $403,435.85 $21,740.70 $425,176.55 8.8%Sales Tax $35,502.35 $1,913.19 $37,415.54 TT Total $438,938,20 $23,653.89 $462,59209 G�� 710 To: FINANCE DIRECTOR FROM: PUBLIC WORKS ADMINISTRATOR JTRACTOR: Katspan, Inc. C/O Travelers Casualty & Surety Company CONTRACT NO. CAG-01-008 PROJECT: South Renton Water Main/Storm Sewer Replacement Phase I ESTIMATE NO. 3 Closing Date 06-07-01 1. CONTRACTOR EARNINGS THIS ESTIMATE $121,172.42 2. SALES TAX @ 8.80% $10,663.17 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $131,835.59 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $268,150.25 5. EARNINGS DUE CONTRACTOR THIS ESTIMATE $98,378.90 6. SUBTOTAL - CONTRACTOR PAYMENTS $366,529.15 7. RETAINAGE ON PREVIOUS EARNINGS $14,113.18 8. *' RETAINAGE ON EARNINGS THIS ESTIMATE $22,793.52 - 9. SUBTOTAL - RETAINAGE $36,906.70 10. SALES TAX PREVIOUSLY PAID $24,839.18 11. SALES TAX DUE THIS ESTIMATE $10,663.17 12. SUBTOTAL - SALES TAX $35,502.35 " (95% x LINE 1, less retainage on line 8) (RETAINAGE: 5% of line 1, plus $16,7�4.90 for claims filed) GRAND TOTAL: $438,938.20 _AANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR (Lines 5 and 11): ACCOUNT 421.000500.018.5960.0034.65.55290/55290/5354 $74,660.64 # 3 ACCOUNT 421.000600.018.5960.0038.65.65380/65380/5354 $34,381.43 RETAINED AMOUNT (Line 8): ACCOUNT 421.000500.018.5960.0034.65.55290/55290/5354 $12,366.88 # 3 421.000600.018.5960.0038.65.65380/65380/5353 $10,426.64 TOTAL THIS ESTIMATE: CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION I, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON, AND THAT 1 AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM Signed: A../ �u�6 I 4, %dr91 $109,042.07 $22,793.52 $131, 835.59 G/o/01 G_4-o1 Printed On: 6/14/01 City of Renton Public Works Department Page 1 South Renton Water Main/Storm Sewer Replacement Phase I Contract Number. CAG-01-008 A, Katspan, Inc C/O Travelers Casualty & Surety Company Pay Estimate 3 Closing Date_ 617/01 Hem Description Unit Est Unit Previous Previous This This Total Totaf No. Quantity Price Quantity Amount Quantity Amount Quantity Amount 045, Remove, Restore,Lawn, Landscaping Restoration Lump Sum 1 $7,500.00 0.1 $750.00 0.00 $0.00 0.10 $750.00 046. Replace, Pavement Markings & Traffic Buttons Lump Sum 1 $2,750.00 0.1 $275,00 0.00 $0.00 0.10 $275.00 047. Re -Establish Monumnets Each 4 $250.00 0 $0.00 0,00 $0.00 0.00 $0.00 048. CO# 1 re-establish vertical survey control Lump Sum 1 $3,720.00 0 $0.00 1.00 $3,720.00 1.00 $3,720.00 049. Change Order #2 Extra excavation due to concrete encased sewer main Each 1 $974.16 0 $0.00 1.00 $974.16 1.00 $974.16 050. Change Order#3 Extra excavation and materials for F.H. at Sta. 54+03 Each 1 $883.23 0 $0.00 1.00 $883.23 1.00 $883,23 051. Change Order # 4 Establish property comers for Staging Area Lump Sum 1 $1,185.00 0 $0,00 1.00 $1,185.00 1.00 $1,185.00 052. Change Order #5 Remove CB #24A for anthroplogical analysis of trench Each 1 $371.15 0 $0.00 1.00 $371.15 1.00 $371.15 Subtotal $282,263.43 $121,172.42 $403,435.85 8.8 % Sales Tax $24,839.18 $10,663.17 $35,502.35 TT Total $307,102.61 $131,835.59 $438,938.20 r -t South Renton Water Main/Stonn Sewer Replacement Phase I Contract Number. CAG-01-008 ,,or Katspan, Inc. C/O Travelers Casualty & Surety Company Pay Estimate 3 Closing Date: 677/01 Item Description Unit Est Unit Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount 001. Mobilization & Demobilization Lump Sum 1 $70.000.00 0.7 $49,000.00 0.30 $21,000.00 1.00 $70,000.00 002. Trench Excavation Safety Systems Lump Sum 1 $3.500.00 0.52 $1,820.00 0.00 $0.00 0.52 $1,820.00 003. Construction and As -built Survey Data Lump Sum 1 $5,500.00 0.7 $3,850.00 0.00 $0.00 0.70 $3,850.00 004. Traffic Control Lump Sum 1 $15,000.00 0.52 $7,800.00 0.00 $0.00 0.52 $7,8W.00 005. Temporary Erosion/Sedimentation Controls Lump Sum 1 $1,500.00 0.52 $780.00 0.00 $0.00 0.52 $780.00 006. 12" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 3450 $55.00 1633 $89,815.00 487.00 $26,785.00 2120.00 $116,600.00 007. 10" Ductile Won Pipe, Cl. 52 (Poly Wrapped) Linear Foot 300 $35.00 76 $2,66000 19.00 $665.00 95.00 $3,325.00 008. 8" Ductile Iron Pipe, CL 52 (Poly Wrapped) Linear Foot 35 $30.00 5 $150.00 0.00 $0.00 500 $1%00 009. 6" Ductile Iron Pipe, CL 52 (Poly Wrapped) Linear Foot 60 $27.00 0 $0.00 0.00 $0.00 0.00 $0.00 010. 4" Ductile Iron Pipe, CL 52 (Poly Wrapped) Linear Foot 36 $24.00 0 $0.00 0.00 $0.00 0.00 $0.00 011. 12" gate valve assembly (no Vault) Each 19 $1,250.00 8 $10,000.00 0.00 $0.00 &00 $10,000.00 012. 10" gate valve assembly (no Vault) Each 13 $1.050.00 4 $4,200.00 1.00 $1,050.00 5.00 $5,250.00 013. 8" gate valve assembly (no Vault) Each 2 $650.00 0 $0.00 1.00 $650.00 1.00 $650.00 014. 6" gate valve assembly (no Vault) Each 2 $500.00 0 $0.00 0.00 $0.00 0.00 $0.00 015, 4" gate valve assembly (no Vault) Each 1 $350.00 1 $350.00 0.00 $0.00 1.00 $350.00 016. Fumish & Install 24" x 12" Tapping G.V. Assembly Each 2 $3,450.00 2 $6,900.00 0.00 $0.00 2.00 $6,9D0.00 017. Furnish & Install 18" x 12" Tapping G.V. Assembly Each 2 $3,250.00 0 $0.00 1.00 $3,250.00 1.00 $3,250.00 018. Fire Hydrant Assembly Each 17 $2,250.00 4 $9,000.00 4.00 $9,000.00 8.00 $18,000.00 019. 314" Water Service Connection Each 60 $650.00 0 $0.00 17.00 $11,050.00 17.00 $11,050.00 1" Water Service Connection Each 1 $600.00 0 $0.00 0.00 $0.00 0.00 $0.00 .. 1-12" Water Service Connection Each 2 $1,250.00 0 $0.00 0.00 $0.00 0.00 $0.00 022 2" Water Service Connection Each 1 $1,350.00 0 $0.00 0.00 $0.00 0.00 $0.00 023. Connection to existing water man Each 11 $1.250.00 3 $3,750.00 1.00 $1,250.00 4.00 $5,000.00 024. Concrete for Thrust Blocking, Dead -Man Anchor Blocks Cubic Yard 30 $150.00 22.75 $3,412.50 5.00 $750.00 27.75 $4,162.50 025. Removal of Existing fire hydrants, valve boxes & other appurtenances 026. Fumish & Install 18" CPEP Storm Pipe 027. Fumish & Install 12" CPEP Storm Pipe 028. Fumish & Install 18" Ductile Iron Storm Pipe 029. Fumish & Install 12" Ductile Iron Storm Pipe 030. Fumish & Install CB Type-11, 48-Inch 031. Fumish & Install CB Type -I 032. Side Sewer Adjustment 033. Remove & Dispose Existing Storm Manholes Lump Sum 1 Linear Foot 373 Linear Foot 2519 Linear Foot 292 Linear Foot 483 Each 28 Each 42 Each 30 Each 3 $1,000.00 $27.00 $20.00 $40.00 $30.00 $2,000.00 $850.00 $500.00 $400.00 034. Remove & Dispose Existing Storm Water Pipe (Including Pipe Plugs) Lump Sum 1 $1,150.00 035. Remove & Dispose Existing Catch Basin Type -I Each 9 $350 00 036. Remove & Replacement of Unsuitable Foundation Material Ton 330 $25.00 037. Fumish & Install Quarry Spells Ton 175 $18.00 038. Select Imported Trench Backfilt Ton 2675 $12.00 039. Crushed Surfacing Top Course & Crushed Rock Badffll Ton 970 $18.00 040. Controlled Density Fill Cubic Yard 12 $90.00 041. Asphalt Patch Class B Ton 620 $65.00 net. Asphalt Patch Class B, or ATB for Temp. Patch Ton 1200 $60.00 Remove & Replace Sidewalk & Driveway Square yard 40 $40.00 044. Remove & Replace Curb & Gutter Linear Foot 150 $20.00 0 $0.00 0.00 $0.00 0.00 $0.00 134 $3,618.00 0.00 $0.00 134.00 53,618.00 385 $7,700.00 240.00 $4,800.00 625.00 $12,500.00 20 $800.00 172.00 $6,880.00 192.00 $7,680.00 84 $2,520.00 0.00 $0.00 84.00 $2,520.00 5 $10,000.00 4.00 $8,000.00 900 $18,000.00 2 $1,700.00 0.00 $0.00 2.00 $1,700.00 2 $1,000.00 2.00 $1,000.00 4.00 $2,000.00 2 $800.00 0.00 $0.00 2.00 $800.00 0 $0.00 0.00 $0.00 0.00 $0.00 0 $0,00 0.00 $0.00 0.00 $0.00 51.65 $1,291.25 0.00 $0.00 51.65 $1,29125 81.15 $1,460.70 0.00 $0.00 81.15 $1,460.70 2156.39 $25,876.68 296.48 $3,557.76 2452.87 $29,434.44 669.75 $12,055.50 457.34 $8,232.12 1127.09 $20,287.62 22.9 $2,061.00 -22.90 ($2,061.00) 0.00 $0.00 0 $0.00 0.00 $0.00 0.00 $0.00 281.13 $16,867.80 131,00 $7,860.00 412.13 $24,727.80 0 $0.00 8.00 $320.00 &00 $320.00 0 $0.00 0.00 $0.00 0.00 $&00 DSO: � ''� FINANCE DIRECTOR FROM: PUBLIC WORKS ADMINISTRATOR CONTRACTOR: Katspan, Inc. CONTRACT NO. CAG-01-008 ESTIMATE NO. 2 PROJECT: South Renton Water Main/Storm Sewer Replacement Phase I 1. CONTRACTOR EARNINGS THIS ESTIMATE 2. SALES TAX @ 8.80% 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE 4. EARNINGS PREVIOUSLY PAID CONTRACTOR 5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE 6. SUBTOTAL - CONTRACTOR PAYMENTS 7. RETAINAGE ON PREVIOUS EARNINGS 8. ' RETAINAGE ON EARNINGS THIS ESTIMATE 9. SUBTOTAL - RETAINAGE 10. SALES TAX PREVIOUSLY PAID 11. SALES TAX DUE THIS ESTIMATE 12. SUBTOTAL - SALES TAX ' (95% x LINE 1) ** (RETAINAGE: 5%) FINANCE DEPARTMENT ACTION: $162,678.92 $14,315.74 $113,605.28 $154, 544.97 $176, 994.66 $268,150.25 $5,979.23 $8,133.95 $14,113.18 $10,523.44 $14,315.74 $24,839.18 GRAND TOTAL: $307,102.61 PAYMENT TO CONTRACTOR (Lines 5 and 11): ACCOUNT 421.000500.018.5960.0034.65.55290/55290/5354 $125,611.33 # 2 ACCOUNT 421.000600.018.5960.0038.65.65380/65380/5354 / $43,249.39 RETAINED AMOUNT (Line 8): ACCOUNT 421.000500.018.5960.0034.65.55290/55290/5354"—' $6,050.65 # 2 421.000600.018.5960.0038.65.65380/65380/5353 $2,083.30 TOTAL THIS ESTIMATE: CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION I, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM Signed: 1N� KhA 11 j.061 $168,860.72 $8,133.95 $176,994.66 Printed On: 5/11/01 City of Renton Public Works Department Page 1 project: South Renton Water Main/Storm Sewer Replacement Phase I Contract Number. CAG-01-008 Contractor. Katspan, Inc. Pay Estimate 2 Closing Date:-619f01 010 j Item Description Unit Est. Unit Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount 001. Mobilization & Demobilization Lump Sum 1 $70,D00.00 0.5 $35,000.00 0.20 $14,000.00 0.70 $49,D00.00 002. Trench Excavation Safety Systems Lump Sum 1 $3,500.00 0.1 $350.00 0.42 $1,470.00 0.52 $1,820.00 003. Construction and As -built Survey Data Lump Sum 1 $5,500.00 0.5 $2,7%00 0.20 $1,100.00 0.70 $3,850.00 004. Traffic Control Lump Sum 1 $15,000.00 0.1 $1,500.00 0.42 $6,300.00 0.52 $7,800.00 005. Temporary Erosion/Sedimentation Controls Lump Sum 1 $1,500.00 0.1 $150,00 0.42 $630.00 0.52 $780.00 006. 12" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot -3450 ' $55.00 680 $37,400.00 953.00 $52,415.00 16n.00f $89,815.00 007. 10" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 300 $35.00 35 $1,225.00 41.00 $1,435.00 4 76.00 $2,660.00 008. 8" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 35 $30.00 5 $1%00 0.00 $0.00 5.00 $150.00 009. 6" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 60 $27.00 0 $0.00 0.00 $0.00 0.00 $0.00 010. 4" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 36 $24.00 0 $0.00 0.00 $0.00 0.00 $0.00 011. 12" gate valve assembly (no Vault) Each 19 $1,250.00 4 $5.000.00 4.00 $5.000.00 8.00 $10,000.00 012. 10" gate valve assembly (no Vault) Each 13 $1,050.00 2 $2,100.00 2.00 $2,100.00 4.00 $4,200.00 013. 8" gate valve assembly (no Vautt) Each 2 $650.00 0 $0.00 0.00 $0.00 0. DO $0.00 014. 6" gate valve assembly (no Vault) Each 2 $500.00 0 $0.00 0.00 $0.00 0.00 $0.00 015. 4" gate valve assembly (no Vautt) Each 1 $350.00 0 $0.00 1.00 $350.00 1.00 $350.00 016. Furnish & Install 24•' x 12" Tapping G.V. Assembly Each 2 $3,450.00 2 $6,900.00 0.00 $0.00 2.00 $6,900.00 017. Furnish & Install 18" x 12" Tapping G.V. Assembly Each 2 $3,2%00 0 $0.00 0.00 $0.00 0.00 $0.00 018. Fire Hydrant Assembly Each 17 $2,250.00 0 $0.00 4.00 $9,000.00 4.00 $9,000.00 019. 3/4" Water Service Connection Each 60 $650.00 0 $0.00 0.0o $0.00 0.00 $0.00 020. 1" Water Service Connection Each 1 $600.00 0 $0.00 0.00 $0.00 0. DO $0.00 021. 1-1/2" Water Service Connection Each 2 $1,2%00 0 $0.00 0.00 $0.00 &00 $0.00 022. 2" Water Service Connection Each 1 $1,350.00 0 $0.0o 0.00 $0.00 0.00 $0.00 023. Connection to existing water main Each 11 $1,250,00 2 $2,500.00 1.00 $1,250.00 3.00 $3,750.00 024. Concrete for Thrust Blocking, Dead -Man Anchor Blocks Cubic Yard 30 $150.00 15 $2,250.00 7.75 $1,162.50 22.75 $3,412.50 Removal of Existing fire hydrants, valve boxes & other 025. appurtenances Lump Sum 1 $1,000.00 0 $0.00 0.00 $0.036/ 0.00 $0.00 0 026. Furnish & Install 18" CPEP Stone Pipe Linear Foot 373 $27.00 20 $540.00 114.00 $3,078.00 'd:DO $3,618.00 027. Furnish & Install 12" CPEP Storm Pipe Linear Foot !M9 $20.00 0 $0.00 385.00 $7,700.00 t'/Ju385.00 $7,700.00 028. Furnish & Install 18" Ductile Iron Stone Pipe Linear Foot 292 $40.00 0 $0.00 20.00 $800.00 20.00 $800.00 029. Furnish & Install 12" Ductile Iron Storm Pipe Linear Foot 483 $30.00 0 $0.00 B4.00 $2,520.00 84.00 $2,520.00 030. Furnish & Install CB Type-11, 48-Inch Each 28 $2,000.00 0 $0.00 5.00 $10,000.00 5.00 $10,000.00 031. Furnish & Install CB Type -I Each 42 $850.00 0 $0.00 2.00 $1,700.00 2.00 $1,700.00 032. Side Sewer Adjustment Each 30 $500.00 0 $0.00 2.00 $1,000.00 2.00 $1,000.00 033. Remove & Dispose Existing Storm Manholes Each 3 $400.00 0 $0.00 2.00 $800.00 2.00 $800.DO Remove & Dispose Existing Storm Water Pipe (Including Pipe 034. Plugs) Lump Sum 1 $1,150.00 0 $0.00 0.00 $0.00 0.00 $0.00 035. Remove & Dispose Existing Catch Basin Type4 Each 9 $350.00 0 $0.00 0.00 $0.00 0.00 $0.00 036. Remove & Replacement of Unsuitable Foundation Material Ton 330 $25.00 51.65 $1,291.25 0.00 $0.00 51.65 $1,291.25 037. Furnish & Install Quarry Spalls Ton 175 $18.00 51.65 $929.70 29.50 $531.00;?1! 81.15 $1,460.70 038. Select Imported Trench Backfill Ton 1075 $12.00 630.83 $7,569.96 1525.56 $18,306.72 W39 $25,876.68 039. Crushed Surfacing Top Course & Crushed Rock Backfill Ton 970 $18.00 311.1 $5,599.80 358.65 $6,455.70 CJ�69.75 $12,055.50 040. Controlled Density Fill Cubic Yard 12 $90.00 0 $0.00 22.90 $2,061.00 22.90 $2,061.00 041. Asphalt Patch Class B Ton 620 $65.00 0 $0.00 0.00 $0.00 0.00 $0.00 042. Asphalt Patch Class B, or ATB for Temp. Patch Ton 1200 $60.00 89.23 $5,353.80 191.90 $11,514.00 281.13 $16,867.80 043. Remove & Replace Sidewalk & Driveway Square yard 40 $40.00 0 $0.00 0.00 $0.00 0.00 $0.00 ei . % Project: South Renton Water Main/Storm Sewer Replacement Phase I Contract Number. CAG-01-008 Contractor. Katspan, Inc. Pay Estimate 2 Closing Date: 6rifff 6/10/ D 1 Item Description Unit Est. Unit Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount 044. Remove & Replace Curb & Gutter Linear Foot 150 $20.00 0 $0.00 0.00 $0.00 0.00 $0.00 045, Remove, Restore,Lawn, Landscaping Restoration Lump Sum 1 $7,500.00 0.1 $750.00 0.00 $0.00 0.10 $750.00 046, Replace, Pavement Markings & Traffic Buttons Lump Sum 1 $2,750.00 0.1 $275.00 0.00 $0.00 0.10 $275.00 047, Re -Establish Monumnets Each 4 $250.00 0 $0.00 0.00 $0.00 0.00 $0.00 Subtotal $119,584.51 $162,678.92 $282,263.43 8.8% Sales Tax $10,523.44 $14,315.74 $24,839.18 TT Total $130,107.95 $176,994.66 $307,102.61 S/I (ld 1 5111101 TO: FINANCE DIRECTOR FROM: PUBLIC WORKS ADMINISTRATOR CONTRACTOR: Katspan, Inc. CONTRACT NO. CAG-01-008 ESTIMATE NO. 1 PROJECT: South Renton Water Main/Storm Sewer Replacement Phase 1. CONTRACTOR EARNINGS THIS ESTIMATE $119,584.51 2. SALES TAX @ 8.80% $10,523.44 — 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $0.00 5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE $113,605.28 6. SUBTOTAL - CONTRACTOR PAYMENTS 7. RETAINAGE ON PREVIOUS EARNINGS 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE 9. SUBTOTAL - RETAINAGE 10. SALES TAX PREVIOUSLY PAID 11. SALES TAX DUE THIS ESTIMATE 12. SUBTOTAL - SALES TAX * (95% x LINE 1) ** (RETAINAGE: 59/.) FINANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR (Lines 5 and 11): ACCOUNT 421.000500.018.5960.0034.65.55290/55290/5354 ACCOUNT 421.000600.018.5960.0038.65.65380/65380/5354 RETAINED AMOUNT (Line 8): ACCOUNT 421.000500.018.5960.0034.65.55290/55290/5354 421.000600.018.5960.0038.65.65380/65380/5354 CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION $0.00 $5,979.23 $0.00 $10,523.44 GRAND TOTAL: $92,525.44 # 1 $31,603.28 $4,456.91 # 1 $1, 522.32 TOTAL THIS ESTIMATE: I, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM / Signed: Amok- � +n�/ 41 Printed On: 4/12/01 City of Renton Public Works Department $130,107.95 $113,605.28 $5,979.23 $10,523.44 $130,107.95 $124,128.72 $5,979.23 $130,107.95 4' ls- 0l Page 1 Project: South Renton Water MairVStorm Sewer Replacement Phase I Cer&adpr Katspan, Inc. Hem Description No. Pay Estimate Unit Est. Quantity Contract Number: CAG-01-008 1 Closing Date: 4111101 Unit Previous Previous This Price Quantity Amount Quantity This Total Amount Quantity Total Amount 001. Mobilization & Demobilization Lump Sum 1 $70,000.00 $0.00 0.50 $35,000.00 0.50 $35,000.00 002. Trench Excavation Safety Systems Lump Sum 1 $3,500.00 $0.00 0.10 $350.00 0.10 $350.00 003. Construction and As-0uift Survey Data Lump Sum 1 $5,500.00 $0.00 0.50 $2,750.00 0.50 $2.750.00 004. Traffic Control Lump Sum 1 $15,000.00 $0.00 0.10 $1,500.00 0.10 $1,500.00 005. Temporary Erosion/Sedimentation Controls Lump Sum 1 $1,500.00 $0.00 0.10 $150.00 0.10 $150.00 006. 12" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 3450 $55.00 $0.00 69i1.00 $37,400.00 680.00 $37,400.00 007. 10" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 300 $35.00 $0.00 35.00 $1,225.00 35.00 $1,225.00 008. 8" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 35 $30.00 $0.00 5.00 $150.00 5.00 $150.00 009. 6" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 60 $27.00 $0.00 $0.00 0.00 $0.00 010. 4" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 36 $24.00 $0.00 $0.00 0.00 $0.00 011. 12" gate valve assembly (no Vauft) Each 19 $1,250.00 $0.00 4.00 $5.000.00 4.00 $5,000.00 012. 10" gate valve assembly (no Vault) Each 13 $1.050.00 $0.00 2.00 $2,100.00 2.00 $2,100.00 013. 8" gate valve assembly (no Vauft) Each 2 $650.00 $0.00 $0.00 0.00 $0.00 014. 6" gate valve assembly (no Vauft) Each 2 $500.00 $0.00 $0.00 0.00 $0.00 015. 4" gate valve assembly (no Vauft) Each 1 $350.00 $0.00 $0.00 0.00 $0.00 016. Furnish & Install 24" x 12" Tapping G.V. Assembly Each 2 $3,450.00 $0.00 2.00 $6,900.00 2.00 $6,900.00 017. Furnish & Install 18" x 12" Tapping G.V. Assembly Each 2 $3,250.00 $0.00 $0.00 0.00 $0.00 018. Fire Hydrant Assembly Each 17 $2,250.00 $0.00 $0.00 0.00 $0.00 019. 3/4" Water Service Connection Each 60 $650.00 $0.00 $0.00 0.00 $0.00 020. 1" Water Service Connection Each 1 $600.00 $0.00 $0.00 0.00 $0.00 021. 1-12" Water Service Connection Each 2 $1,250.00 $0.00 $0.00 0.00 $0.00 022. 2" Water Service Connection Each 1 $1,350.00 $0.00 $0.00 0.00 $0.00 023. Connection to existing water main Each 11 $1,250.00 $0.00 2.00 $2,500.00 2.00 $2,500.00 024. Concrete for Thrust Blocking, Dead -Man Anchor Blocks Cubic Yard 30 $150.00 $0.00 15.00 $2,250.00 15.00 $2,250.00 Removal of Existing fire hydrants, valve boxes & other 025. appurtenances Lump Sum 1 $1,000.00 $0.00 $0.00 0.00 $0.00 026. Furnish & Install 18" CPEP Storm Pipe Linear Foot 373 $27.00 $0.00 20.00 $540.00 20.00 $540.00 027. Furnish & Install 12" CPEP Storm Pipe Linear Foot 2519 $20.00 $0.00 $0.00 0.00 $0.00 028. Furnish & Install 18" Ductile Iron Storm Pipe Linear Fool 292 $40.00 $0.00 $0.00 0.00 $0.00 029. Furnish & Install 12" Ductile Iron Storm Pipe Linear Foot 483 $30.00 $0.00 $0.00 0.00 $0.00 030. Furnish & Install CB Type4l. 48-Inch Each 28 $2,000.00 $0.00 $0.00 0.00 $0.00 031. Furnish & Install CB Type -I Each 42 $850.00 $0.00 $0.00 0.00 $0.00 032. Side Sewer Adjustment Each 30 $500.00 $0.00 $0.00 0.00 $0.00 033. Remove & Dispose Existing Storm Manholes Each 3 $400.00 $0.00 $0.00 0.00 $0.00 Remove & Dispose Existing Storm Water Pipe (Including Pipe 034. Plugs) Lump Sum 1 $1,150.00 $0.00 $0.00 0.00 $0.00 035. Remove & Dispose Existing Catch Basin Type -I Each 9 $350.00 $0.00 $0.00 0.00 $0.00 036. Remove & Replacement of Unsuitable Foundation Material Ton 330 $25.00 $0.00 51,65 $1.291.25 51.65 $1,291.25 037. Fumish & Install Ouarry Spalls Ton 175 $18.00 $0.00 51.65 $929.70 51.65 $929.70 038. Select Imported Trench Backfill Ton 2675 $12.00 $0.00 630.83 $7,569.96 630.83 $7,569.96 039. Crushed Surfacing Top Course & Crushed Rods Backfill Ton 970 $1&00 $0.00 311.10 $5,599.80 311.10 $5,599.80 040. Controlled Density Fill Cubic Yard 12 $90.00 $0.00 $0.00 0.00 $0.00 041. Asphalt Patch Class B Ton 620 $65,00 $0.00 $0.00 0.00 $0.00 042. Asphalt Patch Class B. or ATB for Temp. Patch Ton 1200 $60,00 $0.00 89.23 $5,353,80 89.23 $5,353.80 043. Remove & Replace Sidewalk & Driveway Square yard 40 $40.00 $0,00 $0,00 0.00 $0,00 Protect. South Renlon Water MairVStonn Sewer Replacement Phase I Contractor: Katspan, Inc. Item Description No Pay Estimate Unit Est. Quantity 1 Unit Price Contract Number: Closing Date: Previous Previous Quantity Amount CAG-01-008 4111/01 This Quantity This Amount Total Quantity Total Amount 044. Remove & Replace Curb & Gutter Linear Foot 150 $20.00 $0.00 $0.00 0.00 $0.00 045. Remove, Restore,Lawn, Landscaping Restoration Lump Sum 1 $7,500.00 $0.00 0.10 $750.00 0.10 $750.00 045. Replace, Pavement Markings & Traffic Buttons Lump Sum 1 $2,750.00 $0.00 0.10— $275.00 0.10 $275.00 047, Re -Establish Monumnets Each 4 $250.00 $0.00 $0.00 0.00 $0.00 $0.00 $119,584.51 $119,584.51 Subtotal $0.00 $10,523.44 $10,523.44 8.8%Sales Tax $0.00 $130,107.95 $130,107.95 TT Total 'F*A 4 -4 7�a 1 South Renton Water Main/Storm Sewer Replacement Phase I Pay Estimate: 1 Closing Date: 04/11/01 Item Total % Total $ Amt Water Storm Water Storm Total $ Amt Water Storm N Descri tlon Paid to date This estimate Percent Percent This estimate This estimate Contract Total total o. p 001 Mold,zal,011 N DtL,laai,on 50% 002 Trench Excaval cn Safety Systems 10% 003 Cunstructon ane As built Survey Data 50% 004 r;a`hc Conrr;-1 10% 005 Temporary Eroson,Sedimenlation Controls 10% 006 12' Ductile Iran Pape Cl 52 (Poly Wrapped) 20% 007 10 Ductile Ir: i P,oe. CI 52 (Poly Wrapped) 12% 008 8 Ductile Irc, Rpe Cl 52 (Poly Wrapped) 14% 009 Ductile Iron- Rpe Cl 52 (Poly Wrapped) 0% 010 4" Juct!le Ire, P,pe CI 52 (Poly Wrapped) 0% 011 1 gate valve assembly (no Vault) 21 % 012 i, gate Oahe assembly (no Vault) 15% 013 8 gate valve assembly (no Vault) 0% 014 "' gate valve assembly (no Vault) 0% 015 " gate vawe assembly (no Vault) 0% 016 Furnish & Install 24' x 12" Tapping G V Assembly 100% 017 Fi, nish & Install 18" x 12" Tapping G V Assembly 0% 018 F.re Hydrant Assembly 0% 019 4" Water Service Connection 0% 020 1' Water Ser: ce Connection 0% 021 1.112" Water Sery ice Connection 0% 022 2 Water Sell ce Connection 0% 023 c ,nect,on t,a ex,s:,ng water main 18% 024 Cc^,crete for Tnr st Blocking, Dead -Man Anchor Blocks 50% 025 Removal cf E - is: ig lite hydrants. valve boxes & other appurtenances 0% 026 F�,n,sn & 1-:Sl 15" CPEP Storm Pipe 5% 027 Furnish &Ins;:..! '!2' CPEP Storm Pipe 0% 028 u;n sh & lr6t.,d ',,t. Ductile Iron Storm Pipe 0% 029 F.,m,sr, & In,:.;,1 I- Ductile Iron Storm Pipe 0% 030 F..'n.sh & Insl;ill CB Type-Il, 48-Inch 0% 031 F,. Wish & InS;gil CB Typed 0% 032 S,je Sewer A 1,us;ment 0% 033 Re.nove & Dispose Existing Storm Manholes 0% 034 Remove & Dspcse Existing Storm Water Pipe (Including Pipe Plugs) 0% 35 Rei, & Dapose Existing Catch Basin Type -I 0% E037 6 Remove & Reriacer*ienl of Unsuitable Foundation Material 16% Furnish & Ins:all Quarry Spalls 30% $17,500.00 35,000.00 $17,500.00 $17,500.00 35,000 00 50.00% 50.00% $17,500 00 350.00 50.00% 50,00% $175.00 $175.00 350.00 $175.00 $175.00 2,750.00 50.00% 50.00% $1,375.00 $1,37500 2,750.00 $1,375.00 $1,375.00 1,500.00 50.00% 50.00% $750.00 $750.00 1,500.00 $750.00 $750.00 150.00 50.00% 50.00% $75.00 $75.00 150.00 $75.00 $75.00 37,400,00 100.00% 0.00% $37,400.00 $0.00 37.400.00 $37.400.00 $0.00 1,225,00 100.00% 0.00% $1,225.00 $0.00 1,225.00 $1,225.00 $0.00 150.00 100,00% 0.00% $150.00 $0.00 150.00 $150.00 $0.00 0.00 100.00% 0.00% $0.00 $0.00 0.00 $0.00 $0.00 0.00 100,00% 0,00% $0.00 $0.00 0.00 $0.00 $0.00 5,000.00 100.00% .00% $5,000.00 $0.00 5,000.00 $5.000.00 $0.00 2,100.00 100.00% 10.00% $2,100.00 $0.00 2,100.00 $2,100.00 $0.00 0.00 100.00% 0.00% $0.00 $0.00 0.00 $0.00 $0.00 0.00 100.00% 0.00% $0.00 $0.00 0.00 $0.00 $0.00 0.00 100,00% 0.00% $0.00 $0.00 0.00 $0.00 $0.00 6.900.00 100.00% 0,00% $6,900.00 $0.00 6,900.00 $6,900,00 $0.00 0.00 100.00% 0.00% $0.00 $0.00 0.00 $0.00 $0.00 0.00 100.00% 0,00% $0.00 $0.00 0.00 $0.00 $0.00 0.00 100.00% 0.00% $0.00 $0.00 0.00 $0.00 $0.00 0.00 100.00% 0,00% $0.00 $0.00 0.00 $0.00 $0.00 0.00 100.00% 0,00% 1$0.00 $0.00 0.00 $0.00 $0.00 0.00 100.00% 0.00% $0.00 $0.00 0.00 $0.00 $0.00 2,500.00 100.00% 0.00% $2,500.00 $0.00 2,500.00 $2,500.00 $0.00 2,250.00 100,00% 0,00% $2,250.00 $0.00 2,250.00 $2,250.00 $0.00 0.00 100.00% 0.00% $0.00 $0.00 0.00 $0.00 $0.00 540.00 0.00% 100M% $0.00 $540.00 540,00 $0.00 $540.00 0.00 0.00% 100.00% $0.00 $0.00 0.00 $0.00 $0.00 0.00 0.00% 100,00% S0.00 $0.00 0.00 $0.00 $0.00 0.00 0.00% 100,00% S0.00 $0.00 0.00 $0.00 $0.00 0.00 0.00% 100.00% SO.00 $0.00 0.00 $0.00 $0.00 0.00 0.00% 100.00% $0.00 $0.00 0.00 $0.00 $0.00 0.00 0.00% 100.00% $0.00 $0.00 0.00 $0.00 $0.00 0.00 0.00% 100.00% $0.00 $0.00 0.00 $0.00 $0.00 0.00 0.00% 100,00% SO.00 $0.00 0.00 $0.00 $0.00 0.00 0.00% 100,00% $0.00 $0.00 0.00 $0.00 $0.00 1,291.25 57.00% 3.00% $736.01 $555.24 1,291.25 $736.01 $555.24 929.70 0.00% 100.00% MOO 1$929.70 1929.70 1$0.00 $929.70 95% $113,605.28 $84,681.28 $28,924.00 $113,605,28 $84,681.28 $28,924.00 5% $5,979.23 $4,456.91 $1,522.32'` $5,979,23 $4,456.91 $1,522.32 Tax $10,523.44 $7,844.16 $2,679.28 $10,523.44 $7,844.16 $2,679.28' Total $130,107.95 $96,982.35 $33,125.59 $130,107.95 $96,982.35 $33,125.59 .{ . 12 - 6 1 l _( kl' Leo' Aubum, WA 98001 c-muu. Gerald.ormixion@rrayclus.com As administrator for Reliance Surety r June 8, 2001 City of Renton Renton City Hall 1055 South Grady Way Renton, WA 98055 Attn.: Abdoul Gafour Re: Travelers Casualty & Surety Company of America Our File No.: 685763 Bond No.: 103574771 Principal: Katspan, Inc. Obligee: City of Renton Project: City of Renton South Downtown Water Main and Storm Sewer Replacement — Phase I Dear Mr. Gafour: Enclosed is a letter from our Principal, Katspan, Inc. directing you to forward all further payments on the above project directly to Travelers in care of the undersigned. Also enclosed is an Assignment which has been executed by Katspan, Inc. and which requires the signature of an authorized representative of the City of Renton. Please have the Assignment properly executed and return it to me at your earliest convenience. Thank you for your assistance, Please call me if you have any questions. Sincerely, Gerald M. Ormiston Bond Claims Manager Bond Claims Department GMO/pc Enclosure 5 \claims2,Gcrry\K2tsPan\City of Rcnton\Ciiy of Rcwon )VMSAX 7n 'A tt7: CT TM7 R unr- ql�T) Tt7F,S' 7: x2� WTH-1") rmpT qNT1'qAHN 1 �7 Katspan! Inc., 13221 NE 126th Place, Krkland, WA 98034 (425) 821-5818 •Fax (4251 821-5209 • KATSPI 012NA 20'd GV:ST TOOZ 8 unr 9STZTb6SSZ:xP3 WIU�D UN09 Sd3�3Addl I ' ASSIGNMENT i t FOR VALUE RECEIVED, the undersigned, Katspan, Inc. hereinafter called Assignor, hereby assigns, transfers and sets over l ll Contract Funds of any nature, ti to the Travelers Casualty and Sure Company of America, hereinafter called SURETY, aSurety pa y F including, but not limited to, progress payments, earned or unearned funds, change orders. extras, claims of any nature, i retainages, whether held in escrow accounts, Certificates of Deposit, or similar accounts or instruments, with all the Interest accruing thereon. and whether said Contract Funds are due now or in the future under the following described contract: Bond No.: 103355963 Travelers No,: 685764 Project: City of Renton South Downtown Water Main & Sorm Sewer Replacement - Phase I Obligee: City of Renton Assignor hereby constitutes and appoints the SURETY its true, lawful and irrevocable attorney -in -fact to demand, racaive and enforce payments, to execute estimates, final payments, payment warrants, vouchars, drafts, and/or checks, and to give receipts, releases of any nature, satisfactlons for, ano to sue for eii contract Funds payebie to the Asslonor and this may be done either in the name of the Assignor or in the name of the SURETY with the same force and effect as the Assignor could do if this assignment had not been made. Any and all moneys or payments which may be received by the Assignor to which the SURETY is entitled under and by reason of this Assignment will be received by Assignor as trustee for the SURETY and will be immediately delivered in kind to SURETY without commingling. Assignor hereby represents and warrants to the SURETY that the moneys above have not heretofore been alienated or assigned. This Assignment is irrevocable and shall remain in full force and effect until its release in writing by SURETY. Notice of this Assignment may be given at the option of the SURETY. That the general nature of the business out of which such accounts arise or are to arise is and such business is or will be carried on out in King County Washington. This Assignment and all related documents are in furtherance of the SURETY'S right of subrogation epd General Agreement of Indemnity and not in derogation thereof. IN WITNESS WHEREOF, the Assignor has caused its name to be subscribed hereto this day of 2001. Katspan/, Inc. By: Rane Lottinville Title'Ol/kS = �••••�t SUBSCRIBED AND SWORN to before me this day of 2Wfo"` ON i Notary Residing avv ='r= My Commission Expire ill i W Receipt of the Assignment and a copy thereof are hereby acknowledged. These were rbbaivea} 6M-- 2001. OBLIGEE By: Title: fin *, i nn: qT Tnn7 2 unr 9STZTb629Z: XPA WId73 GN09 S�13-13nd�i TravoelersInsuranceA01k Amember ofcrtproup i 3455 South 344th Way, Suite 200 Auburn, WA 98001 As administrator for Reliance Surety June 7, 2001 Mr. Abdoul Gafour City of Renton Renton City Hall 1055 S. Grady Way Renton WA 98055 Re: Our File No Bond No.; Principal: Obligcc; Proj ect: Dear Mr. Gafour: Gerald M. Ormisron Bond Clatm Manager Trawlers Bond Phone: 253-946-7393 Far: 153-946-7156 E-mail! Gerald.Ormwon@rraveler.t.com VIA FAX: (425) 430-7241 Katspan, Inc. 685764 103355963 Katspan, Inc. City of Renton South Downtown Water Main & Storm Sewer Replacement This letter confirms our telephone conversation of this morning. I advised that Travelers Casualty and Surety Company of America is providing financing to the principal to facilitate completion of this project. Please issue your next progress payment in the sum of S125,776.97, and all future payments, to our company, as payee. A letter signed by Katspan, Inc. authorizing this assignment of funds will be FAXed to you today or tomorrow. You indicated that you will transmit this request to the appropriate people in your finance department. You should continue to utilize the Kapspan, Inc. Federal tax ID#. Thank you for your assistance. I look forward to working with you and your department in resolving this matter to everyone's satisfaction. Sincerely Gerald M. Ormiston Bond Claims Manager Bond Claims Department GMO/pc cc: S%va Skeel Gary/Kacpm/1v Rmcoo 60701 7.n 'A q7: bT Tnn7. ) unr qI;T) Tbhy 1;7.: x2 � WTH7-) nNnR 4 y CITY OF RENTON , ' Planning/Building/Public Works Department J e Tanner, Mayor Gregg Zimmerman P.E., Administrator RECEIVED August 30, 2001 SEP 0 6 2001 Mr. David Cunningham CITY OF RENTON 420 Williams Avenue S. UTILITY SYSTEMS Renton, WA 98055 SUBJECT: Location of Fire Hydrants on Williams Avenue South Mr. Cunningham: Thank you for your inquiry regarding the placement of fire hydrants on Williams Avenue South. As part of the South Downtown utility replacement project, the City has installed new fire hydrants along Wells Avenue South and Williams Avenue South from South Grady Way to South 4t° Street. Some of the new hydrants are placed near the existing ones, especially at the corner of street intersections, to provide fire protection coverage to the existing residences without reducing the parking areas near the hydrant. The old hydrants will be removed once the new water mains and new hydrants are operational and when all water services are transferred to the new lines. We anticipate completing the project by the end of September 2001. Both streets will have a full asphalt overlay from curb to curb. Once the project is completed, there will not be hydrants within six feet of each other. We have also installed additional hydrants along both sides of the streets to provide improved fire protection coverage. A copy of the plans showing the removal of existing hydrant(s) is attached. If you have any questions or comments regarding this project, please call Abdoul Gafour, Water Engineering Supervisor, at 425-430-7210 or e-mail: a ag fourna,cixenton.wa.us Sincerely, -Z'4 4. Gregg Zimm rman Administrator Enclosure cc: City Clerk Referral #01050-C Jesse Tanner, Mayor Jay Covington, Chief Administrative Officer Renton City Council Lys Hornsby Abdoul Gafour South Grady Way - Renton, Washington 98055 0 This paper contains 50 % recycled material, 30% post consumer STA. 59+00 x 7- Gross conc.w _S7 0 f CD -C :3 W � m < 0 F9 Gro V) = T Gross 0 (SEE SHEET 0 un, S-\ E� SEE SHEET 5 606ill tOW&ITOLMW wMN, ( k61446, coy sTucift ). 10 DECEIVED �,VI'; L J cOQi CITY OF RENTON COUNCIL REFERRAL TO ADMINISTRATION PUBLIC WORKS ADMIN TO: Chief Garry Anderson EC DATE:: S/? 8/U 1 Gregg Zimmerman FROM: Marilyn Petersen AUG 2 n 2001 LOG #: 01050-C CITY OF RENTON On 8/28/01, Council referred the following: UTILITY SYSTEMS David Cunningham, 420 Williams Avenue S., Renton 98055, pointed out speeding problems, particularly from 4- p.m. on his street. He also questioned why fire hydrants on his street are within six feet of each other. Please respond as follows: Prepare memo to Councilmembers via Mayor. (After Mayor's approval, Mayor's secretary will copy for Council and Clerk and return copy to you.) Prepare memo to Councilmembers via Mayor and include attached letter with memo. (After Mayor's approval, Mayor's secretary will copy for Council and Clerk and return copy to you.) XX_Prepare letter(s) to citizen/agency with department head's signature and submit to Mayor for approval. (After Mayor approves the letter, the Mayor's secretary will copy for Council and Clerk and return to you for mailing.) Schedule matter on Council committee agenda. Call Council secretary ASAP. (Copy of response to City Clerk not required.) Other: PLEASE REFERENCE LOG NUMBER ON ALL LETTERS. Please complete request by September 11, 2001. Thank you Travelers' Mailing Address 3455 S. 344d Way, Suite 200 Auburn, WA 98001 July 30, 2001 Law Offices of Mary L. Stoll 5600 Key Tower, 700 Fifth Avenue Seattle, WA 98104-5056 Attn.: Mary L. Stoll, Esq. Re: Travelers Our File No.: 686763 Bond No.: 103574771 Principal: Katspan, Inc. Obligee: City of Renton Sherri Emmons, Bond Claim Representative Direct tel: (253) 946-7165 Direct fax: (253) 946-7156 E-Mail: Sherri. L.Emmons@travelers.com RECEIVED AUG - 8 2001 CITY OF RENTON UTILITY SYSTEMS Claimants: Northwest Laborers -Employers Health & Security Trust Western Washington Laborers -Employers Pension Trust Northwest Laborers -Employers Training Trust Northern Idaho District Council of Laborers Project: City of Renton South Downtown Water Main and Storm Sewer Replacement - Phase I, Contract CAG01-008 Dear Ms. Stoll: We are in receipt of communication from you indicating that you wish to file a claim on the above -referenced bond. To facilitate our independent investigation of the claim, we request that you complete and return the enclosed claim form, attaching copies of all documents requested. Our purpose in requesting information from you is to develop a complete understanding of the circumstances surrounding the claim. Please provide all known information or documents which you feel will assist our evaluation of the claim. We will correspond with Katspan, Inc. to gain an understanding of their position. This correspondence and all prior or subsequent communications and/or investigative efforts are made with the express reservation of all rights and defenses the Surety or Katspan, Inc. has or may have at law, equity or under the terms and provisions of the bond and contract documents. This reservation includes, without limitation, defenses that may be available under 1 Mary L. Stoll, Esq. July 30, 2001 Page 2 any applicable notice and suit limitation provisions. Subject to this strict and continuing reservation, we look forward to hearing from you. Sincerely, Sherri Emmons Bond Claim Representative Bond Claims Department SE/pc cc: Lawrence J. Warren, Esq. Warren, Barber & Fontes Rick Moreno, Project Manager, City of Renton Katspan, Inc. Spokane Branch Paul Hobby, Bond Underwriting SAc1aims2\Gerry\Katspan\NW Laborers Unions\Ltr to Atty C1 Jtily27.doc .w, Travelers Mailing Address 3455 S. 344h Way, Suite 200 Aubum, WA 98001 July 27, 2001 Katspan, Inc. 12735 Willows Kirkland, WA 98034 Attn.: Steve Skeel: Re: Travelers Our File No.: 686763 Bond No.: 103574771 Principal: Katspan, Inc. Obligee: City of Renton Sherri Emmons, Bond Claim Representative Direct tel: (253) 946-7165 Direct fax: (253) 946-7156 E-Mail: Shetri.L.Emmons@travelers.com Claimants: Northwest Laborers -Employers Health & Security Trust Western Washington Laborers -Employers Pension Trust Northwest Laborers -Employers Training Trust Northern Idaho District Council of Laborers Project: City of Renton South Downtown Water Main and Storm Sewer Replacement - Phase I, Contract CAGOI-008 Dear Mr. Skeel: By letter dated July, 26, 2001, The above listed claimants, presented a claim against bond 1035474771. The claim is in the amount of $50,218.72 which allegedly arises as a result of negotiated wage deductions accruing for labor furnished based upon a labor agreement executed by katspan, Inc. on the above captioned project. We have requested the Claimants provide all documentation supporting its claim and advised that we would, in the interim, continue with our independent investigation by contacting Katspan, Inc. I have enclosed a copy of the initial claim documents along with our acknowledgment. Detailed input from Katspan, Inc. is important to our independent investigation and understanding of the claim. We request, therefore, that Katspan, Inc. provide us with a written statement detailing its response. Included with the written statement should be copies of all documentation supporting the position of Katspan, Inc. in particular, documents relating to disputes and valid defenses, if any, which Katspan, Inc. believes it is entitled to assert. We also request that Katspan, Inc. identify any actions it has taken or intends to take to resolve all or any portion of the claim. Katspan, Inc. July 30, 2001 Page 2 Given our mutual obligations under the bond, we request that Katspan, Inc. respond as soon as possible to our inquiry, certainly within fifteen (15) days from the date of this letter. We trust this time requirement is not unduly burdensome. Of course, if more time is required to respond to our inquiry, please advise us immediately. Please call or write if you should have any questions with regard to our inquiry. We look forward to hearing from you soon and thank you, in advance, for your assistance and cooperation. Sincerely, -5` t Sherri Emmons Bond Claim Representative Bond Claims Department SE/pc Enclosure cc: Lawrence J. Warren, Esq. Warren, Barber & Fontes Rick Moreno, Project Manager, City of Renton Spokane Branch Paul Hobby, Bond Underwriting S:\claims2\Gerry\Katspan\NW Laborers Unions\Katspan C2 July30.doc RI ,,� CITY OF RENTON 41 Office of the City Attorney Jesse Tanner, Mayor Lawrence J. Warren MEMORANDUM DATE: August 2, 2001 TO: Abdoul Gafour RECEIVED FROM: Russell Wilson -Assistant City Attorney AUG - 3 2001 CITY OF RENTON RE: Katspan default UTILITY SYSTEMS Mr. Gafour: I have reviewed your memo to Mr. Warren and researched the questions you raised. I believe the City's interests are protected by the contract currently in place and no further actions will be necessary. In researching your questions I reviewed RCW 39 et.seq. and found no specific procedures placed on the City or the surety in cases of default. However a review of the Katspan contract and the Prosecution and Progress excerpt enclosed in your memo seem to answer your concerns. They are re -enclosed in this response. Paragraph three of the Katspan contract gives the surety the right to "take over and perform" the contract. Should the surety decide to exercise that right as Travelers has, it is my opinion they then assume all obligations and duties of the original contractor. That in conjunction with the language in the Prosecution and progress excerpt, which gives the City the sole discretion on how work completion will be performed, is sufficient to protect the City's interests. Therefore, I do not believe a new contract or bond is required. I can think of no other documents or precautions necessary to allow the surety to complete this project. If I can answer any other questions on this matter please let me know. Russell Wilson Assistant City Attorney Post Office Box 626 - 100 S. 2nd Street - Renton, Washington 98057 - (425)255-8678 ® This paper contains 50 % recycled material, 20 % post consumer CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: July 31, 2001 TO: Larry Warren — City Attorney A ZI FROM: Abdoul Gafour (ext. 7210) rTudo4( VIA: Lys Hornsby SUBJECT: Notice of Default of Contract from Katspan, Inc. Larry: The bonding company faxed us today a copy of the attached notice of default of contract from Katspan, Inc. 31 200, ER & ,7ONTES P S Gerald Ormiston of Travelers Bond is drafting a takeover agreement with Katspan and will forward it to the City for review by tomorrow. He intends to hire a different contractor, Northwest Cascade Inc., to complete this contract. Northwest Cascade Inc. plans to start work on Monday, August 6, 2001, subject to the City's approval of all required documents. Could you please give us your opinion on the following questions? 1- Does the City need to terminate the contract with Katspan Inc. before transferring the remaining work to the bonding company? 2- Does the City need to enter into a new contract with the bonding company or with its contractor? 3- Do we need proof of insurance and bond from the bonding company's contractor to complete this work? 4- Could you please review the attached draft response to Katspan's notice of default and let us know if there are any additional documents that the City needs to execute to transfer this work to the bonding company and its contractor. Thank you for your help on this matter. H/water/ag /S.Downtown/memo-2_city_attorney-final/AG:lf July 31, 2001 Rane Lottinville, President Katspan, Inc 13221 NE 126`' Place, Kirkland, WA 98034 Travelers Casualty and Surety Company of America Attn: Gerald Ormiston — Bond Claim Manager 3455 S. 344t' Way, Suite 200 Auburn, WA 98001 SUBJECT: Default of Contract CAG 01-088 by Katspan Inc. Bond No.: 103574771 Gentlemen: The City of Renton acknowledges the receipt of your notice of default dated July31, 2001 of the contract no. CAG 01-088 with the City for the South Renton water main and storm sewer replacement project. This is also a notice that the City is transferring the performance of all of the remaining work to complete the contract to your bonding and surety company, Travelers Casualty and Surety Company of America, according to the terms and conditions of the contract and contract bond number 103574771. Please call me at 425-430-7210 if you have any questions on this matter. Sincerely, Abdoul Gafour Water Utility Engineering Supervisor cc: Lary Warren — City Attorney Lys Hornsby —Utility Systems Director Gerry Ormiston —Travelers Bond H/ag/termination—notice �yJUL-31-01 01:30AM FRO►fi-Kalioan +94251215209 T-IRS F 02/02 F-633 July 31, 2001 City of Renton planning/Building/Public Works Renton City Mall — 5"' floor 1055 South Grady Way Renton, WA 98055 Arm.: Abdoul Gafour, Water Utility Engineering Supervisor Re: Travcicrs Casualty & Surery Company of America Bond No.: 103574771 Principal: Katspan, Inc. Obligee: City of Renton Project: City of Renton South Downtown Water Main and Storm Sewer Replacement — Phase 1, CAG 01-008 Dear Mr. Gafour. This correspondence will serve as written notice to both the City of Renton and Travelers Casualty & Surety Co. of America that Katspan. Inc. is unable to eomplett its contract with the City of Renton listed above, and hereby defaults on the above -referenced project. Katspan, Inc. hereby requests and authorizes both the City of Renton and Travelers Casualty & Surety Co, of America to take such action as they deem necessary or desirable under the above -referenced contract and the bonds w ensure completion of the above -referenced project. Katspan, Inc. hereby expressly waives the written notice and cure penod provided for in the contract between Katspan, Inc. and the City of Renton, so that labor and materials may be provided as necessary in order to permit the timely completion of the work under the contract. vrry Truly Yours, Katspan, Inc Rane Lottinville, President cc: Travelers Casualty and Surety Company of America — Kevin Lybeck Katspan, Inc., 13221 NE 126ch Mace, KirldAnd, WA 98034 • (425) 921-5619 - Fax: (425) 621-5209 • KATSPI 012NA 70'1l Sb:6 TOOZ TS inf 9STZTb6�SZ:x2A WIH�3 CNOS S�3�3Ad�l III � Volks ro's 16"Ll BOND TO THE CITY OF RENTON Bond No. 103355963 KNOW ALL MEN BY THESE PRESENTS, That we, the undersigned Katspan, Inc. Travelers Casualty and Surety as principal, and Company of America corporation organized and existing under the laws of the State of Connecticut as a surety corporation, and qualified under the laws of the State of Washingwn to become surety upon bonds of contractors with municipal corporations, as surety are jointly and severally held and firmly bound to the City of Renton in the penal sum of $q 1 7,595-0a------ for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or person representatives, as the case may be. This obligation is entered iinto in pursuance of the statutes of the State of Washington, the Ordinance of the City of Renton_ Dated at _ kgA( ISM , Washington, this 1`� day of , 2001. Nevertheless, The conditions of the above obligation are such that: WHEREAS, under and pursuant to Public Works Construction Contract CAG - providing for construction of South Downtown Water Main & Storm Sewer Replacement, Phase 1 (project name) the principal is required to furnisha. bond for the faithful performance of the contract; and WHEREAS, the principal has accepted, or is about to accept, the contract, and undertake to perform the work therein provided for in the manner and within the time set forth; NOW, THEREFORE, if the principal shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, subcontractors and material handling men, and all persons who shall supply said principal or subcontractors with provisions and supplies for the carrying on of said Work, and shall hold said City of Renton harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City of Renton harmless from any damage or expense by reason of failure of performance as specified in the contract or from a defects appearing or developing in the material or workmanship provided or performed under the contract within a period of one year after its acceptance thereof by the City of Renton, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect_ Katspan, Inc. Principal Signature Travelers Casualty and Surety Company Su o erica Si tune Julie M. Glover Attorney -in -Fact Tide Title HAD[V(S(ON.S\UTIL(TiE.S\WATCMR1CK\WiLL1AMS\Williams-02\SRentonbidpak.DOC Page 8 ice- TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Cindy L. Villasista, Darlene Jakielski, Julie M. Glover, M.J. Cotton, Mark A. Jensen, Mike Amundsen, Nancy J. Osborne, S.M. Scott, Steven K Bush, Michael A. Murphy, Jim W. Doyle, of Bothell, Washington, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys) -in -Fact, pursuant to the authority herein given, are hereby ratified and -confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority of by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to an'. power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact foi purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attome; or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed an( certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond a undertaking to which it is attached !S-no standard) 0. 1-07 LEUAL KELATIUNJ AND K"PUINMBIL1TIES TUI THE PUBLIC f YKUSEUU17UN AND YKL)tYxbbb i-vo items of work involved. No additional payment will be made for costs incurred by the Contractor because of: (1) inconvenience, additional length of travel to conform to established traffic patterns and planned access features; (2) compliance with statutes governing traffic regulations and limitations of loads; or (3) additional flagging costs necessary to protect the operations and the traveling public. The Contractor shall take all costs due to traffic using portions of the work into account when submitting the bid proposal, and the unit contract prices for the various items of work involved shall include these costs. 1.07.26 Personal Liability of Public Officers Neither the Commission, the Secretary, the Engineer, nor any other officer or employee of the State shall be personally liable for any acts or failure to act in connection with the contract, it being understood that in such matters, they are acting solely as agents of the State. 1-07.27 No Waiver of State's Legal Rights The State shall not be precluded or estopped by any measurement, estimate, or certificate made either before or after the completion and acceptance of the work and payment therefor from showing the true amount and character of the work performed and materials furnished by the Contractor, or from showing that any such measurement, estimate, or certificate is untrue or incorrectly made, or that the work or materials do not conform in fact to the contract. The State shall not be precluded orestopped, notwithstand- ing any such measurement, estimate, or certificate, and payment in accordance therewith, from recovering from the Contractor and the Sureties such damages as it may sustain by reason of the Contractor's failure to comply with the terms of the contract. Neither the acceptance by the Secretary, nor any payment for the whole or any part of the work, nor any extension of time, nor any possession taken by the State shall operate as a waiver of any portion of the contract or of any power herein reserved or any right to damages herein provided, or bar recovery of any money wrongfully or erroneously paid to the Contractor. A waiver of any breach of the contract shall not be held to be a waiver of any other or subsequent breach. The Contractor and the State recognize that the impact of overcharges to the State by the Contractor resulting from antitrust law violations by the Contractor's suppliers or subcontractors adversely affects the State rather than the Contractor. Therefore, the Contractor agrees to assign to the State any and all claims for such overcharges. Page 1-72 1.08 PROSECUTION AND PROGRESS 1.08.1 Subcontracting Work done by the Contractor's own organization shall account for at least 30 percent of the total original cost of the contract. Before computing this percentage, however, the Contractor may subtract (from the contract's total original cost) the costs of any subcontracted work on items the contract designates as specialty items. The Contractor shall not subcontract work unless the Engineer approves in writing. Each request to subcontract shall be on the form the Engineer provides. If the Engineer requests, the Contractor shall provide proof that the subcontractor has the experience, ability, and equipment the work requires. The Contractor shall require each subcontractor to comply with Section 1-07.9 and to furnish all certificates and statements required by the contract. Along with the request to sublet, the Contractor shall submit the names of any contracting firms the subcontractor proposes to use as lower tier subcontractors. Collec- tively, these lower tier subcontractors shall not do work that exceeds 25 percent of the total amount subcontracted to a subcontractor. When a subcontractor is responsible for construction of a specific structure or structures, the following work may be performed by lower tier subcontractors without being subject to the 25 percent limitation: 1. Furnishing and driving of piling, or 2. Furnishing and installing concrete reinforcing and post -tensioning steel. Except for the 25 percent limit, lower tier subcontractors shall meet the same requirements as subcontractors. The Engineer will approve the request only if satisfied with the proposed subcontractor's record, equipment, experience, and ability. Approval to subcontract shall not: 1. Relieve the Contractor of any responsibility to carry out the contract, 2. Relieve the Contractor of any obligations or liability under the contract and the Contractor's bond, 3. Create any contract between the Contracting Agency and the subcontractor, or 4. Convey to the subcontractor any rights against the Contracting Agency. The Contracting Agency will not consider as subcontracting: (1) purchase of sand, gravel, crushed stone, crushed slag, batched concrete aggregates, ready mix concrete, off - site fabricated structural steel, other off -site fabricated items, and any other materials supplied by established and recognized commercial plants; or (2) deliveryof these materials to the work site in vehicles owned or operated by such plants or by recognized independent or commercial hauling companies. However, the Washington State Depart- ment of Labor and Industries may determine that RCW 39,12 applies to the employees of such firms. identifiedin 1 and 2 above in accordance with WAC 296-127. If this should occur, the provisions of Section 1-07.9, as modified or supplemented, shall apply. The Contractor shall certify,to the actual amounts paid to any Disadvantaged, Minority, or Women's Business Enterprise firms that were used as subcontractors, lower tier subcontractors, manufacturers, regular dealers, or service providers on the contract. This certification shall be submitted to the Project Engineer annually for the State fiscal year, July 1 through June 30, or through physical completion of the contract, whichever occurs earliest. The report is due July 20th following the fiscal year end or 20 calendar days after physical completion of the contract. Page 1-73 1-08 PROSECUTION AND PROGRESS PROSECUTION AND PROGRESS 1-08 If dissatisfied with any part of the subcontracted work, the Engineer may request in writing that the subcontractor be removed. The Contractor shall comply with this request at once and shall not employ the subcontractor for any further work under the contract. 1.082 Assignment 3 The Contractor shall not assign all or any part of the work unless the Engineer approves in writing. The Engineer will not approve any proposed assignment that would relieve the original' Contractor or Surety of responsibility under the contract. Money due (or that will become due) to the Contractor may be assigned. If given written notice, the Contracting Agency will honor such an assignment to the extent the law permits. But the assignment shall be subject to all setoffs, withholdings, and deductions required by law and the contract, 1-08.3 Progress Schedule The Contractor shall submit a preliminary progress schedule (first 60 working days) to the Engineer no later than five calendar days after the date the contract is executed. This preliminary schedule shall show work to be performed during the first 60 working days of the contract. The Contractor shall submit five copies of the progress schedule (total working days) to the Engineer no later than 30 calendar days after the date the contract is executed. This schedule and any supplemental schedule shall show; (1) physical completion of all work within the specified contract time, (2) the proposed order of work, and (3) projected starting and completion times for major phases of the work and for the total project. The schedule shall be developed by a critical path method. The Contractor shall provide sufficient material, equipment, and labor to meet the completion times in this schedule. The Contracting Agency allocates its resources to a contract based on the total time allowed in the contract. The Contracting Agency will accept a progress schedule indicating an early physical completion date but cannot guarantee the Contracting Agency's resources will be available to meet the accelerated schedule. No additional compensation will be allowed if the Contractor is not able to meet their accelerated schedule due to the unavailability of Contracting Agency's resources or for other reasons beyond the Contracting Agency's control. The Contractor shall submit supplemental progress schedules when requested by the Project Engineer or as required by any provision of the contract. These supplemental schedules shall reflect any changes in the proposed order of the work, any construction delays, or other conditions that may affect the progress of the work. The Contractor shall provide the Project Engineer with the supplemental progress schedules within ten calendar days of receiving written notice of the request. The original and all supplemental progress schedules shall not conflict with any time and order -of -work requirement in the contract. If the Engineer deems that the original or any necessary supplemental progress schedule does not provide the information required in this section, the Contracting Agency may withhold progress payments until a schedule containing the required information has been submitted by the Contractor and approved by the Engineer. The Engineer's approval of any schedule shall not transfer any of the Contractor's responsibilities to the Contracting Agency. The Contractor alone shall remain responsible for adjusting forces, equipment, and work schedules to ensure completion of the work within the time(s) specified in the contract. 1.08.4 Prosecution of Work The Contractor shall begin work within 10 calendar days from the date of execution of the contract by the Contracting Agency, unless otherwise approved in writing. The Contractor shall diligently pursue the work to the physical completion date within the time specified in the contract. Voluntary shutdown or slowing of operations by the Contractor shall not relieve the Contractor of the responsibility to complete the work within the time(s) specified in the contract. 1-08.5 Time for Completion The Contractor shall complete all physical contract work within the number of "working days" stated in the contract provisions or as extended by the Engineer in accordance with Section 1-08.8. Every day will be counted as a "working day" unless it is a nonworking day or an Engineer determined unworkable day. A nonworking day is defined as a Saturday, a Sunday, a day on which the contract specifically suspends work, or one of these holidays; January 1, the third Monday of January, the third Monday of February, Memorial Day, July 4, Labor Day, November 11, Thanksgiving Day, the day after Thanksgiving, and Christmas Day. When any of these holidays fall on a Sunday, the following Monday shall be counted a nonworking day. When the holiday falls on a Saturday, the preceding Friday shall be counted a nonworking day. 'the days between December 25 and January 1 will be classified as nonworking days, provided that, the Contractor actually suspends work on the project. An unworkable day is defined as a partial or whole day the Engineer declares to be unworkable because of weather, conditions caused by the weather, or such other condi- tions beyond the control of the Contractor that prevents satisfactory and timely perfor- mance of the work, and such performance, if not hindered, would have otherwise progressed toward physical completion of the work. Contract time shall begin on the first working day following the loth calendar day after the date the Contracting Agency executes the contract. The contract provisions may specify another starting date for contract time, in which case, time will begin on the starting date specified. During the life of the contract, each working day shall be charged to the contract as it occurs. Each week the Engineer will provide the Contractor a statement that shows the number of working days: (1) charged to the contract the week before; (2) specified for the physical completion of the contract; and (3) remaining for the physical completion of the contract. The statement will also show the nonworking days and any partial or whole day the Engineer declares as unworkable. Within 10 calendar days after the date of each statement,the Contractor shall file a written protest of any alleged discrepancies in it. To be considered by the Engineer, the protest shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of time disputed. By not filing such detailed protest in that period, the Contractor shall be deemed as having accepted the statement as correct. The Engineer will give the Contractor written notice of the physical completion date for all work the contract requires. That date shall constitute the physical completion date of the contract, but shall not imply the Secretary's acceptance of the work or the contract. The Engineer will give the Contractor written notice of the completion date of the contract after all the Contractor's obligations under the contract have been performed by the Contractor. The following events must occur before the Completion Date can be established; Page 1-74 # Page 1-75 1-08 PROSECUTION AND PROGRESS PROSECUTION AND PROGRESS 1.08 1. The physical work on the project must be complete; and 2. The Contractor must furnish all documentation required by the contract and required by law, to allow the Contracting Agency to process final acceptance of the contract. The following documents must be received by the Project Engineer prior to establishing a completion date: a. Certified Payrolls (Federal -aid Projects) b. Material Acceptance Certification Documents c. Affidavits of Wages Paid d. Affidavit of Amounts Paid DBE/MBE/WBE Participants e. FHWA 47 (Federal -aid Projects) f. Final Contract Voucher Certification 1-08.6 Suspension of Work The Engineer may order suspension of all or any part of the work if: 1, Unsuitable weather and such other conditions beyond the control of the Contractor that prevent satisfactory and timely performance of the work; or 2. The Contractor does not comply with the contract or the Engineer's orders. When ordered by the Engineer to suspend or resume work, the Contractor shall do so immediately, If the work is suspended for reason (1) above, the period of work stoppage will be counted as unworkable days. But if the Engineer believes the Contractor should have completed the suspended work before the suspension, all or part of the suspension period may be counted as working days. The Engineer will set the number of unworkable days (or parts of days) by deciding how long the suspension delayed the entire project. If the work is suspended for reason (2) above, the period of work stoppage will be counted as working days, The lost work time, however, shall not relieve the Contractor from any contract responsibility. If the performance of all or any part of the work is suspended, delayed, or interrupted for an unreasonable period of time by an act of the Contracting Agency in the administra- tion of the contract, or by failure to act within the time specified in the contract (or if no time is specified, within a reasonable time), the Engineer will make an adjustment for any increase in the cost or time for the performance of the contract (excluding profit) necessarily caused by the suspension, delay, or interruption. However, no adjustment will be made for any suspension, delay, or interruption if (1) the performance would have been suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or (2) an equitable adjustment is provided for or excluded under any other provision of the contract. If the Contractor believes that the performance of the work is suspended, delayed, or interrupted for an unreasonable period of time and such suspension, delay, or interruption is the responsibility of the Contracting Agency, the Contractor shall immediately submit a written notice of protest to the Engineer as provided in Section 1-04.5. No adjustment shall be allowed for any costs incurred more than 10 calendar days before the date the Engineer receives the Contractor's written notice of protest. If the Contractor contends damages have been suffered as a result of such suspension, delay, or interruption, the protest shall not be allowed unless the protest (stating the amount of damages) is asserted in writing as soon as practicable, but no later than the date of the Contractor's signature on the Final Contract Voucher Certification. The Contractor shall keep full and complete records of the costs and additional time of such suspension, delay, or interruption and shall permit the Engineer to have access to those records and any other records as may be deemed necessary by the Engineer to assist in evaluating the protest. The Engineer will determine if an equitable adjustment in cost or time is due as provided in this section. The equitable adjustment for increase in costs, if due, shall be subject to the limitations provided in Section 1-09.4, provided that no profit of any kind will be allowed on any increase in cost necessarily caused by the suspension, delay, or interruption. Request for extensions of time will be evaluated in accordance with Section 1-08.8. The Engineer's determination as to whether an adjustment should be made will be final as provided in Section 1-05.1. No claim by the Contractor under this clause shall be allowed unless the Contractor has followed the procedures provided in this Section and in Sections 1-04.5 and 1-09.11. 1.08.7 Maintenance During Suspension Before and during any suspension (as described in Section 1-08.6) the Contractor shall protect thy' work from damage or deterioration. Suspension shall not relieve the Contractor from anything the contract requires unless this section states otherwise. At no expense to the Contracting Agency, the Contractor shall provide through the construction area a safe, smooth, and unobstructed roadway for public use during suspension (as required in Section 1-07.23 or the special provisions). This may include a temporary road or'detour. If the Engineer determines that the Contractor failed to pursue the work diligently before the suspension, or failed to comply with the contract or orders, then the Contractor shall maintain the temporary roadway in use during suspension. In this case, the Contractor shall bear the maintenance costs. If the Contractor fails to maintain the temporary roadway, the Contracting Agency will do the work and deduct all resulting costs from payments due to the Contractor. If the Engineer determines that the Contractor has pursued the work diligently before the suspension, then the Contracting Agency will do the routine maintenance work (and bear its cost). This Contracting Agency -provided maintenance work will include only routine maintenance of: 1. The traveled way, auxiliary lanes, shoulders, and detour surface, 2. Rpadway drainage along and under the traveled roadway or detour, and 3. All barricades, signs, and lights needed for directing traffic through the temporary roadway or detour in the construction area. The Contractor shall protect and maintain (and bear the costs of doing so) all other work in areas not used by traffic. After any suspension during which the Contracting Agency has done the routine maintenance, the Contractor shall accept the traveled roadway or detour as is when work resumes. The Contractor shall make no claim against the Contracting Agency for the condition of the roadway or detour. After any suspension, the Contractor shall retain all responsibilities the contract assigns for repairing or restoring the roadway, its slopes, and its drainage system to the requirements of the plans. Page 1-76 1 Page 1.77 1-08 PROSECUTION AND PROGR AND PROGRESS 1-08 1.08.8 Extensions of Time The Contractor shall submit any requests for time extensions to the Engineer writing no later than 10 working days after the delay occurs. The request shall be limn to the change in the critical path of the Contractor's schedule attributable to the chap or event giving rise to the request. To be considered by the Engineer, the request shall in sufficient detail (as determined by the Engineer) to enable the Engineer to ascertain I basis and amount of the time requested. The Contractor shall be responsible for showi on the progress schedule that the change or event: (1) had a specific impact on the criti( path, and except in cases of concurrent delay, was the sole cause of such impact, a (2) could not have been avoided by resequencing of the work or other reasonat alternatives, If a request, combined with previous extension requests, equals 20 perce or more of the original contract time, the Contractor's letter of request must bear conse of Surety. In evaluating any request, the Engineer will consider how well the Contract used the time from contract execution up to the point of the delay and the effect the deb has on any completion times included in the special provisions. The contract's time for physical completion will be extended for a period equal to tl time the Engineer determines the work was delayed because of: 1. Unsuitable weather, provided that: a. The Engineer had not already allowed it as an unworkable day und. Section 1-08.5, and b. The Contractor had timely filed a written protest asserting that time ti Engineer charged as a working day should have been allowed as a unworkable day. 2. Any action, neglect, or default of the Contracting Agency, its officers, c employees, or of any other contractor employed by the Contracting Agency; 3. Fire or other casualty for which the Contractor is not responsible; 4. Strikes; 5, Any other conditions for which these Specifications permit time extensiofl such as: a. In Section 1-04.4 if a change increases the time to do any of the wor including unchanged work; b. In Section 1-04.5 if increased time is part of a protest that is found to be valid protest; c. In Section 1-04.6 if increases exceed 25 percent and these increases cause a delay in completing the contract; d. In Section 1-04,7 if a changed condition is determined to exist whit] caused a delay in completing the contract; e. In Section 1-05.3 if the Contracting Agency does not approve properl, prepared and acceptable drawings within 30 calendar days; f, In Section 1-07.13 if the performance of the work is delayed as a result o damage by others; g. In Section 1-07.17 if the removal or the relocation of any utility by force; other than the Contractor caused a delay; h, In Section 1-07.24 if a delay results from all the right of way necessary foi the construction not being purchased and the special provisions does no make specific provisions regarding unpurchased right of way; 1;Y i. In Section 1-08.6 if the performance of the work is suspended, delayed, or interrupted for an unreasonable period of time that proves to be the responsibility of the Contracting Agency; or j. In Section 1-09.11 if a dispute or claim also involves a delay in completing the contract and the dispute or claim proves to be valid. 6. Exceptional causes not specifically identified in items 1 through 5, provided the request letter proves the Contractor had no control over the cause of the delay and could have done nothing to avoid or shorten it. The Engineer will not allow a time extension for any cause listed above if it resulted m the Contractor's default, collusion, action or inaction, or failure to comply with the The Contracting Agency considers the time specified in the special provisions as ficient to do all the work. For this reason, the Contracting Agency will not grant a time ension for; • Failure to obtain all materials and workers; • Changes, protest, increased quantities, or changed conditions (Section 1-04) that do not delay the completion of the contract or prove to be an invalid or inappropriate time extension request; • Delays caused by nonapproval of drawings or plans as provided in Section 1-05.3; • Rejection of faulty or inappropriate equipment as provided in Section 1-05.9; • Correction of thickness deficiency as provided in Section 5-05.5(1)B. The reasons for and times of extensions shall be determined by the Engineer, and such ermination will be final as provided in Section 1-05.1. 18.9 Liquidated Damages Time is of the essence of the contract. Delays inconvenience the traveling public, aruct traffic, interfere with and delay commerce, and increase risk to highway users. lays also cost tax payers undue sums of money, adding time needed for administration, ;ineering, inspection, and supervision. Because the Contracting Agency finds it impractical to calculate the actual cost of ays, it has adopted the following formula to calculate liquidated damages for failure to nplete the physical work of a contract on time. Accordingly, the Contractor agrees: I. To pay (according to the following formula) liquidated damages for each working day beyond the number of working days established for physical completion, and 2. To authorize the Engineer to deduct these liquidated damages from any money due or coming due to the Contractor. LIQUIDATED DAMAGES FORMULA LD= 0.15C T where: LD = liquidated damages per working day (rounded to the nearest dollar) C = original contract amount T = original time for physical completion Page 1-78 1 WIM1.Page 1.79 1-08 PROSECUTION AND PROGRESS PROSECUTION AND PROGRESS When the contract work has progressed to the extent that the Contracting Agency has full and unrestricted use and benefit of the facilities, both from the operational and safety standpoint, and only minor incidental work, replacement of temporary substitute facili- ties, or correction or repair remains to physically complete the total contract, the Engineer may determine the contract work is substantially complete. The Engineer will notify the Contractor in writing of the substantial completion date. For overruns in contract time occurring after the date so established, the formula for liquidated damages shown above will not apply. For overruns in contract time occurring after the substantial completion date, liquidated damages shall be assessed on the basis of direct engineering and related costs assignable to the project until the actual physical completion date of all the contract work. The Contractor shall complete the remaining work as promptly as possible. Upon request by the Project Engineer, the Contractor shall furnish a written schedule for completing the physical work on the contract. Liquidated damages will not be assessed for any days for which an extension of time is granted. No deduction or payment of liquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete the entire contract. 1-08.10 Termination of Contract 1-08«10(1) Termination for Default The Contracting Agency may terminate the contract Upon the occurrence of any one or more or the following events: 1. If the Contractor fails to supply sufficient skilled workers or suitable materials or equipment; 2. If the Contractor refuses or fails to prosecute the work with such diligence as will ensure its physical completion within the original physical completion time and any extensions of time which may have been granted to the Contractor by change order or otherwise; 3. If the Contractor is adjudged bankrupt or insolvent, or makes a general assignment for the benefit of creditors, or if the Contractor or a third party files a petition to take advantage of any debtor's act or to reorganize under the bankruptcy or similar laws concerning the Contractor, or if a trustee or receiver is appointed for the Contractor or for any of the Contractor's property on account of the Contractor's insolvency, and the Contractor or its successor in interest does not provide adequate assurance of future performance in accor- dance with the contract within 15 calendar days of receipt of a request for assurance from the Contracting Agency; 4. If the Contractor disregards laws, ordinances, rules, codes, regulations, orders or similar requirements of any public entity having jurisdiction; 5. If the Contractor disregards the authority of the Contracting Agency; 6. If the Contractor performs work which deviates from the contract, and neglects or refuses to correct rejected work; or 7. If the Contractor otherwise violates in any material way any provisions or requirements of the contract. Once the Contracting Agency determines that sufficient cause exists to terminate the contract, written notice shall be given to the Contractor and its Surety indicating that the Contractor is in breach of the contract and that the Contractor is to remedy the breach within 15 calendar days after the notice is sent. In case of an emergency such as potential Page 1-80 damage to life or property, the response time to remedy the breach after the notice may be shortened. If the remedy does not take place to the satisfaction of the Contracting Agency, the Engineer may, by servigg written notice to the Contractor and Surety either; 1, ,Transfer the performance of the work from the Contractor to the Surety; or 2. Pe�aantract and 0;,;raati�►gMger►oy':s;opti�on prosecute-itrto completion by contract -or otherwise. Any extra costs or damages to � the Contracting Agency shall be deducted from any money due or coming due to the Contractor under the contract. If the Engineer elects to pursue one remedy, it will not bar the Engineer from pursuing other remedies on the same or subsequent breaches. Upon receipt of a notice that the work is being transferred to the Surety, the Surety shall enter upon the premises and take possession of all materials, tools, and appliances for the purpose of completing the work included under the contract and employ by contract or'otherwise any person or persons satisfactory to the Engineer to finish the work and provide the materials without termination of the contraccf Such employment shall not relieve`the Surety of its obligations under the contract and the bond: If there'is a transfer to the Surety, payments on estimates covering work subsequent.to the transfer shall be made to the extentpermitted.under law to the Surety or its agent -without any right of the Contractor to make any`claim:- If 'the Engineer terminates the contract or provides such sufficiency of labor or materials as required to complete the work, the Contractor shall not be entitled to receive any further payments on the contract until all the work contemplated by the contract has been fully performed. The Contractor shall bear any, extra expenses"incurred'by the Contracton&,, gency in completing the work, including all increased costs for completing the work, and all damages sustained, or which may be sustained, by the Contracting Agency by reason of such refusal, neglect, failure, or discontinuance of work by the Contractor, If liquidated damages are provided in the contract, the Contractor shall be liable for such liquidated damages until such reasonable time as may be required for physical completion of the work. After all the work contemplated by the contract has been completed, the Engineer will calculate the total expenses and damages for the completed work. If the total expenses and damages are less than any unpaid balance due the Contractor, the excess will be paid by the Contracting Agency to the Contractor: Ifctietotal expenses and damages exceed the unpaid balance, the Contractor.and.theSurety "I be jointly and severally liable to the Contracting Agency and shall pay the difference to the State Treasurer, Department of Transportation on demand. In exercising the Contracting Agency's right to prosecute the physical completion of the work, the Contracting Agency shall have the right to exercise its sole discretion as to the manner, method, and reasonableness of the costs of completing the work. In the event that the Contracting Agency takes bids for remedial work or physical completion of the Project, the Contractor shall not be eligible for the award of such contracts. In the event the contract is terminated, the termination shall not affect any rights of the Contracting Agency against the Contractor; The rights and remedies of the Contract- ing Agency under the Termination Clause are in addition to any other rights and remedies provided by law or under this contract.., Any retention or payment of monies to the Contractor by the Contracting Agency will not release the Contractor from liability. If a notice of termination for default has been issued and it is later determined for any reason that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Termination for Page 1-81 1-08 PROSECUTION AND PROGRESS Public Convenience in Section 1-08.10(2). This shall include termination for default because of failure to prosecute the work, and the delay was found to be excusable under the provisions of Section 1-08.8. 1-08.10(2) Termination for Public Convenience The Engineer may terminate the contract in whole, or from time to time in part, whenever: 1. The Contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense; or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources; 2. The Contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such restraining order is primarily caused by acts or omissions of persons or agencies other than the Contractor; or 3. The Engineer determines that such termination is in the best interests of the Contracting Agency. 1.08.10(3) Payment for Termination for Public Convenience Whenever the contract is terminated in accordance with Section 1-08.10(2), payment will be made for the actual work performed at unit contract prices for completed items of work. An equitable adjustment for partially completed items of work and disposal of materials will be made as provided in Section 1-09.5. 1-08.10(4) Termination for Public Convenience Claims After receipt of Termination for Public Convenience as provided in Section 1-08.10(2), the Contractor shall submit to the Contracting Agency a claim for costs associated with the termination in accordance with the procedures outlined in Sections 1-09.11 and 1-09.12, The claim shall be submitted promptly but in no event later than 90 calendar days from the effective data of termination. The Contractor's claim for costs shall be priced in accordance with Sections 1-09.4 and 1-09.5.If the Contracting Agency and the Contractor cannot settle the claim, the matter will be resolved as outlined in Section 1-09.13. If the termination occurs because of the issuance of a restraining order as provided in Section 1-08.10(2), the procedure and pricing described above remain the same except that if the parties cannot reach agreement, the matter will be resolved through mandatory and binding arbitration as described in Sections 1-09.13(3) A and B, regardless of the amount of the claim. The Contractor agrees to make all records available to the extent deemed necessary by the Engineer to verify the claim. 1-08.10(5) Responsibility of the Contractor and Surety Termination of a contract shall not relieve the Contractor of any responsibilities under the contract for work performed. Nor shall termination of the contract relieve the Surety or Sureties of obligations under the contract bond or retainage bond for work performed. MEASUREMENT AND PAYMENT 1.0 1.09 MEASUREMENT AND PAYMENT 1-09.1 Measurement of Quantities In measuring all acceptably completed bid items of work, the Engineer will: 1. Use United States standard measure, 2. Make all measurements as described in this section, unless individu, specifications require otherwise, 3. Follow methods generally recognized as conforming to good engineerin practice, 4, Conform to the usual practice of the Contracting Agency by carryin measurements and computations to the proper significant figure or fraction c units for each item, and 5. Measure horizontally or vertically (unless otherwise specified). The terms listed below shall be defined as follows in all measurements under thi section: "Lump Sum" (when used as an item of payment): complete payment for the wor described for that item in the contract. "Gage" (in measurement of plates): the U.S. Standard Gage. "Gage" (in measurement of galvanized sheets used to manufacture corrugated metz pipe, metal plate pipe culverts and arches, and metal cribbing): that specified in AASHT( M 36, M 167, M 196, M 197, or M 219. "Gage" (in measurement of wire): that specified in AASHTO M 32. "Ton": 2,000 pounds of avoirdupois weight. For each basis of measurement listed below, the Engineer will use the method c measurement described. For bid items or materials measured on the basis of: Square Yard or Square Foot — measured on the neat dimensions shown in the plan or as altered by the Engineer. If an individual fixture has an area of 9 square feet or les, no deductions in area will be made. Linear Foot (pipe culverts, guard rail, underdrains, etc.) — measured parallel to th structure's base or foundation, unless the plans require otherwise. Weight — weighed as required in Section 1-09.2. Volume (of excavation and embankment) — measured by the average -end -are method or by the finite element analysis method utilizing digital terrain modelin, techniques. All or some computations may be based on ground elevations and other dat derived photogrammetrically. The Engineer may correct for curvature. Volume (in the hauling vehicle) — measured at the point of delivery. Haulin, vehicles may be of any size or type the Engineer approves provided that the body is of sucl shape that the actual contents may be readily and accurately determined. If the Enginee requires, the Contractor shall level loads at the delivery point to facilitate measurement For each item listed below, the Engineer will use the method of measuremen described. Structures — measured on the neat lines shown in the plans or as altered by th Engineer. When a complete structure or structural unit is specified as the unit o measurement, the unit shall include all fittings and accessories. Timber —measured by the thousand board feet (MBM) actually used in the structure Measurements will be based on nominal widths and thicknesses and the extreme lengti of each piece. Page 1-82 9, Page 1-83 Lon I to n}m� UA4 4ks ?aln 1 In t . CONTRACTS OTHER THAN FEDERAL -AID FHWA THIS AGREEMENT, made and entered into this M4,OU day of , 20aL. by and between THE CITY OF RENTON, Washington, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and Katspan, Inc. hereinafter referred to as "CONTRACTOR." WITNESSETH: 1) The Contractor shall within the time stipulated, (to -wit: within(120) one hundred twenty working days from date of commencement hereof as required by the Contract, of which this agreement is a component part) perform all the work and services required to be performed, and provide and furnish all of the labor, materials, appliances, machines, tools, equipment, utility and transportation services necessary to perform the Contract, and shall complete the construction and installation work in a workmanlike manner, in connection with the City's Project identified as CAG-01-008 for improvement by construction and installation of: South Downtown Water Main & Storm Sewer Replacement Phase 1. All the foregoing shall be timely performed, furnished, constructed, installed and completed in strict conformity with the plans and specifications, including any and all addenda issued by the City and all other documents hereinafter enumerated, and in full compliance with all applicable codes, ordinances and regulations of the City of Renton and any other governmental authority having jurisdiction thereover. It is further agreed and stipulated that all of said labor, materials, appliances, machines, tools, equipment and services shall be furnished and the construction installation performed and completed to the satisfaction and the approval of the City's Public Works Director as being in such conformity with the plans, specifications and all requirements of or arising under the Contract. 2) The aforesaid Contract, entered into by the acceptance of the Contractors bid and signing of this agreement, consists of the following documents, all of which are component parts of said Contract and as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached. a) This Agreement b) Instruction to Bidders c) Bid Proposal d) Specifications e) Maps and Plans f) Bid g) Advertisement for Bids h) Special Provisions, if any i) Technical Specifications, if any M DIVISIONS\ [I ITIF S\wATI:R\RIC'1 \W1LL1ANISMIliams_tt'_ SRcntonbidpakDO C Pagc 10 3) If the Contractor refuses or fails to prosecute the work or any part thereof, with such diligence as will insure its completion within the time specified in this Contract, or any extension in writing thereof, or fails to complete said work with such time, or if the Contractor shall be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver shall be appointed on account of the Contractor's insolvency, or if he or any of his subcontractors should violate any of the provisions of this Contract, the City may then serve written notice upon him and his surety of its intention to terminate the Contract, and unless within ten (10) days after the serving of such notice, such violation or non-compliance of any provision of the Contract shall cease and satisfactory arrangement for the correction thereof be made, this Contract, shall, upon the expiration of said ten (10) day period, cease and terminate in every respect. In the event of any such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor and the surety shall have the right to take over and perform the Contract, provided, however, that if the surety within fifteen (15) days after the serving upon it of such notice of termination does not perform the Contract or does not commence performance thereof within thirty (30) days from the date of serving such notice, the City itself may take over the work under the Contract and prosecute the same to completion by Contract or by any other method it may deem advisable, for the account and at the expense of the Contractor, and his surety shall be liable to the City for any excess cost or other damages occasioned the City thereby. In such event, the City, if it so elects, may, without liability for so doing, take possession of and utilize in completing said Contract such materials, machinery, appliances, equipment, plants and other properties belonging to the Contractor as may be on site of the project and useful therein. 4) The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the City. 5) Contractor agrees and covenants to hold and save the City, its officers, agents, representatives and employees harmless and to promptly indemnify same from and against any and all claims, actions, damages, liability of every type and nature including all costs and legal expenses incurred by reason of any work arising under or in connection with the Contract to be performed hereunder, including loss of life, personal injury and/or damage to property arising from or out of any occurrence, omission or activity upon, on or about the premises worked upon or in any way relating to this Contract. This hold harmless and indemnification provision shall likewise apply for or on account of any patented or unpatented invention, process, article or appliance manufactured for use in the performance of the Contract, including its use by the City, unless otherwise specifically provided for in this Contract. In the event the City shall, without fault on its part, be made a party to any litigation commenced by or against Contractor, then Contractor shall proceed and hold the City harmless and he shall pay all costs, expenses and reasonable attorney's fees incurred or paid by the City in connection with such litigation. Furthermore, Contractor agrees to pay all costs, expenses and reasonable attorney's fees that may be incurred or paid by Citv in the enforcement of any of the covenants, provisions and agreements hereunder. Nothing herein shall require the Contractor to indemnify the City against and hold harmless the City, from claims, demands or suits based solely upon the conduct of the City, its officers or employees and provided further that if claims or suits are caused by or result from the concurrent negligence of (a) the Contractor's a;gents or employees and (b) the City, its agents, officers and employees, and involves those acGi it s covered by RCW 4.24.115. this indemnity provision %% Ith respect to claims or suits -based upon .uch concurrent negligence shall be valid and enforceable only H I)IVISION.S\U-I'II.ffIE.S\WATER\RICK-WILI I.\.y1S\Williams U?\SRentonbidpak-UOC Page I I to the extent of the Contractor's negligence or the negligence of the Contractor's agents or employees. 6) Any notice from one party to the other party under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by its duly authorized representative of such party. Any such notice as heretofore specified shall be given by personal delivery thereof or by depositing same in the United States mail, postage prepaid, certified or registered mail. 7) The Contractor shall commence performance of the Contract no later than 10 calendar days after Contract final execution, and shall complete the full performance of the Contract not later thanone- hundred twenty [1201 working days from the date of commencement. For each and every working day of delay after the established day of completion, it is hereby stipulated and agreed that the damages to the City occasioned by said delay will be the sum of per Section 1-08.9 of Standard Specifications as liquidated damages (and not as a penalty) for each such day, which shall be paid by the Contractor to the City. 8) Neither the final certificate of payment not any provision in the Contract nor partial or entire use of any installation provided for by this Contract shall relieve the Contractor of liability in respect to any warranties or responsibility for faulty materials or workmanship. The Contractor shall be under the duty to remedy any defects in the work and pay for any damage to other work resulting therefrom which shall appear within the period of one (1) year from the date of final acceptance of the work, unless a longer period is specified. The City will give notice of observed defects as heretofore specified with reasonable promptness after discovery thereof, and Contractor shall be obligated to take immediate steps to correct and remedy any such defect, fault or breach at the sole cost and expense of Contractor. 9) The Contractor and each subcontractor, if any, shall submit to the City such schedules of quantities and costs, progress schedules, payrolls, reports, estimates, records and miscellaneous data pertaining to the Contract as may be requested by the City from time to time. 10) The Contractor shall furnish a surety bond or bonds as security for the faithful performance of the Contract, including the payment of all persons and firms performing labor on the construction project under this Contract or furnishing materials in connection with this Contract; saidbond to be in the full amount of the Contract price as specified in Paragraph 11. The surety or sureties on such bond or bonds must be duly licensed as a surety in the State of Washington. Y Y 11 11 •1)IVISION.S\t'III.11"11..S\WAI'ER\RIC'KkWII I 1-AMS\Williams_02`.SRentonbidpak.DOC' Page I_ 11) The total amount of this contract is the sum of $ 915 166.77 numbers Nine Hundred Fifteen Thousand One Hundred Sixty -Six Dollars and 77/100 written words which includes Washington State Sales Tax. Payments will be made to Contractor as specified in the "General Requirements" and this Contract Document. IN WITNESS WHEREOF, the City has caused these presents to be signed by its Mayor and attested by its City Clerk and the Contractor has hereunto set his hand and seal the day and year first above -written. CONTRACTOR �" President/Partner/Owner V 1'. Secretary dba Firm Name Check one ❑ Individual ❑ Partnership Attention: CITY OF RENTON M*(r E T m/ City Clerk ❑ Corporation Incorporated in If business is a CORPORATION, name of the corporation should be listed in full and both President and Secretary must sign the contract, OR if one signature is permitted by corporation by-laws, a copy of the by- laws shall be furnished to the City and made a part of the contract document. If business is a PARTNERSHIP, full name of each partner should be listed followed by d/b/a (doing business as) and firm or trade name; any one partner may sign the contract. If business is an INDIVIDUAL PROPRIETORSHIP, the name of the owner should appear followed by d/b/a and name of the company. H:\DIVISION.S\UTILITIE.S\WATER\RICK\WILLIAMS\Williams_02\SRentonbidpak.DOC Page 13 store oA 11�'Q _ Y 1 55- q46- ��56 Off' wi STATE OF WASHINGTON �� t OZ i fa r DEPARTMENT OF REVENUE CERTIFICATE OF LIEN February 14, 2002 UBI #: 601 341 325 TO: City of Renton Ann: Tracy Schuld 1055 S Grady Way Renton WA 98055 RE: CAG 01 008 S Downtown water and sewer Replace/PH 1 More than forty-five days have elapsed since the completion of the above -referred public improvement contract between Katspan and City of Renton. Pursuant to the provisions of RCW 60.28.040, 050, and 060 the Department of Revenue of the State of Washington certifies that there is due and owing to the State of Washington from said contractor taxes, increases and penalties in the sum of $89,640.17 with respect to the above -described contract. The Department of Revenue further certifies that there is due and owing to the State of Washington from said contractor other taxes, increases and penalties in the sum of $369,340.51. Payment of such taxes, increases and penalties out of the fund retained (bonded) by you under the aforementioned contract, pursuant to the provisions of Chapter 60.28 RCW, is hereby requested in accordance with the provisions of RCW 60.28.040, 050 and 060, which sections provide that the taxes, increases and penalties due with respect to the above -described contract are a lien prior to all other liens upon the retained fund, except that the employee of a contractor or the contractor's successors or assignees who have not been paid the prevailing wage under such a public improvement contract shall have a first priority lien against the retainage prior to all other liens, if filed within the time period required by statute. And that the other taxes, increases and penalties due and owing from said contractor are a lien upon the balance of the retained fund remaining in your possession, after all other statutory lien claims have been paid. Your transmittal of the taxes, increases and penalties due with respect to the above -described contract is to be made to the Department of Revenue within ten days of the receipt of this certificate and request as provided by RCW 60.28.060. If you have any questions regarding this contract, please call Kim L Deyo in our public works contract section at (360) 570-5962. WOOED 19 M Audit Division • Procedures and Administration 1025 E Union Ave Ste 344 • PO Box 47474 • Olympia WA 98504-7474 i4 Payment, along with a copy of this letter, should be directed to: State of Washington Department of Revenue Attn: Kim L Deyo P O Box 47474 Olympia WA 98504 7474 Dated this 14 February, 2002. DEPARTMENT OF REVENUE OF THE STATE OF WASHINGTON y� Kenneth J. Capek Assistant Director, Audit cc: Katspan Abdoul Gafour - Katspan - Dept of Revenue Assessment Page 1 From: <Gerald.M.Ormiston@travelers.com> To: <agafour@ci.renton.wa.us> Date: 4/1 /02 7:02AM Subject: Katspan - Dept of Revenue Assessment Abdul: Would you be so kind as to FAX me a copy of the levy/assessment that the City received from the Dept of Revenue for Katspan? Thanks. Call if any questions. Gerry Ormiston (253) 946-7393 FAX (253) 946-7156 CC: <dbclark@nwlink.com> CITY OF RENTON COUNCIL AGENDA BILL Al #: For Agenda of: December 17, 2001 DepvDiv/Board.. Planning/Building/Public Works Utility Systems Division / Water Utility Staff contact...... Rick Moreno, ext. 7208 Agenda Status Allen Quynn, ext. 7247 Consent .............. X Subject: Public Hearing.. CAG-01-008 South Downtown Water Main and Correspondence...... CONCURRENCE lacement, Phase 1 WTR-27-2722/ SWP 27-2722 Ordinance ............. Name in* 'al Date Storm Sewer Re P Resolution............ Contractor: Katspan, Inc. and old Business........ Bonding Company: Travelers Surety & Casualty Co. of America New Business....... Study Sessions...... Information......... . Exhibits: Final Pay Estimate Notice of Com letion of Public Works Contract Recommended Action: Approvals: Council concurrence for approval of project and final pay estimate Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... $89,250.48 (for final pay estimate only) Transfer/Amendment....... Amount Budgeted.......... $90,000.00 (final pay estimate only) Revenue Generated......... Total Project Budget $700,000.00 (Water Utility 2001 Budget) City Share Total Project.. $500,000.00 (Storm Water Utility 2001 Budget) SUMMARY OF ACTION: The contractor Katspan, Inc. started construction of the project on March 19, 2001. With about 53% of the work completed, Katspan, Inc. filed a notice to default on the contract on July 31, 2001. The contractor's bonding company Travelers Casualty and Surety Co. hired another contractor Northwest Cascade, Inc. to finish the remaining work. The project was completed on November 20, 2001. The original contract amount is $915,166.77 and the final contract amount is $1,051,973.89. The $136,807.12 increase in cost, which is 15% of the original contract amount, is mainly due to the increase in quantities of trench backfill materials and asphalt used for the restoration of streets due to deeper excavation for waterlines than expected to clear conflict with private lines. There are sufficient funds in the Water Utility and Storm Utility project budgets to cover the extra costs. STAFF RECOMMENDATION: The Utility Systems Division of the Planning/Building/Public Works Department recommends that the project be accepted, the final pay estimate be approved, and the retainage in the amount of QO"�;3. be released after sixty (60 days, subject to receipt of all required authorizations. r 5,4� ISq , Z Q H:\DMSION.S\UTILITIE.S\WATER\RICK\WILLIAMS\Williams_02\concurrence-copy AGENDA BILL.doc/ sTnrgon State of Washington c b 4 Department of Revenue Audit Procedures & Administration PO Box 47474 ��� 1889 aoy Olympia, Washington 98504-7474 Reg.No.: Date: NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: DEPARTMENT USE ONLY City of Renton Assigned To 1055 South Grady Way, 5' Floor Renton, WA 98055 Date Assigned Notice is hereby given relative to the completion of contract or project described below. Description of Contract (CAG-01-008) South Downtown Water Main and Storm Sewer Replacement, Phase 1 City of Renton Project No. WTR-27-2722 AND SWP-27-2722 Contractor's Name Katspan, Inc. and bonding agent: Telephone No. Travelers Casualty & Surety Company Travelers (253) 946-7393 Contractor's Address Travelers Casualty & Surety Co. Katspan, Inc. 3455 S. 344" Way 13221 NE 126`h Place Suite 200 Kirkland, WA 98034 Auburn, WA 98001 Date Work Commenced Date Work Completed Date Work Accepted April 11, 2001 November 20, 2001 December 17, 2001 Surety or Bonding Co. Travelers Casualty & Surety Company Agent's Address Gerald M. Ormiston 3455 S. 344" Way Suite 200 Auburn, WA 98001 Ph. (253) 946-7393 Contract Amount: Additions or Reductions: Sales Tax: Total $842,695.00 $124,192.77 $85,086.12 $1,051,973.89 a Phone No: Amount Disbursed: Amount Retained: Total: $992,214.60 $59,759.29 $1,051,973.89 (Disbursing Officer) The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia, Washington 98504- 7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate, and then only in accordance with said certificate. FORM REV 310020 (12-92) H:\DIVISION.S\UTILITIE.S\DOCS\2001\2001-747.doc\RLWtb I1/99 bh TO: FINANCE DIRECTOR FROM: PUBLIC WORKS ADMINISTRATOR CONTRACTOR: Travelers Casualty & Insurance Company of America CONTRACT NO. CAG-01-008 ESTIMATE NO. 10 (FINAL) Closing Date 11-20-01 PROJECT: South Renton Water Main/Storm Sewer Replacement Phase I 1. CONTRACTOR EARNINGS THIS ESTIMATE $82,031.69 2. SALES TAX @ 8.80% $7,218.79 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $89,250.48 4. EARNINGS PREVIOUSLY PAID CONTRACTOR 5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE 6. SUBTOTAL - CONTRACTOR PAYMENTS 7. RETAINAGE ON PREVIOUS EARNINGS 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE 9. SUBTOTAL - RETAINAGE 10. SALES TAX PREVIOUSLY PAID 11. SALES TAX DUE THIS ESTIMATE 12. SUBTOTAL - SALES TAX * (95% x LINE 1) ** (RETAINAGE: 5% of line 1) FINANCE DEPARTMENT ACTION: $829,198.37 $77,930.11 $907,128.48 $55,657.71 $4,101.58 $59,759.29 $77,867.34 $7,218.79 $85,086.12 GRAND TOTAL: $1,051,973.89 PAYMENT TO CONTRACTOR (Lines 5 and 11): ACCOUNT 421.000500.018.5960.0034.65.55290/55290/5354 $55,116.03 # 10 ACCOUNT 421.000600.018.5960.0038.65.65380/65380/5354 $30,032.87 RETAINED AMOUNT (Line 8): ACCOUNT 421.000500.018.5960.0034.65.55290/55290/5354 $2,654.91 # 10 421.000600.018.5960.0038.65.65380/65380/5353 $1,446.67 CHARTER 116, LAWS OF 1965 $85,148.90 $4,101.58 TOTAL THIS ESTIMATE: $89,250.48 CITY OF RENTON CERTIFICATION 'f:wt�s7l I. THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY. THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM AUTHORIZED TO AUTHENTICATE AN WCERTIFYTO SAID CLAI Signed: �Uw✓ ���ttBml - '��� Printed On: 12/5/01 City of Renton Public Works Department Page 1 Project: South Renton Water Main/Storm Sewer Replacement Phase I Contract Number: CAG-01-008 ontractor C/O Travelers Casualty & Surety Company Pay Estimate Final Closing Date: 11/20/01 Item Description Unit Est. Unit Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount 001. Mobilization & Demobilization Lump Sum 1 $70,000.00 1 $70.000.00 0.00 $0.00 1.00 $70,000.00 002. Trench Excavation Safety Systems Lump Sum 1 $3,500.00 1 $3,500.00 0.00 $0.00 1.00 $3,500.00 003. Construction and As -built Survey Data Lump Sum 1 $5.500.00 0.7 $3.850.00 0.30 $1.650.00 1.00 $5,500.00 004. Traffic Control Lump Sum 1 $15,000.00 1 $15,000.00 0.00 $0.00 1.00 $15,000.00 005. Temporary Erosion/Sedimentation Controls Lump Sum 1 $1,500.00 1 $1,500.00 0.00 $0.00 1.00 $1,500.00 006. 12' Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 3450 $55.00 3314 $182,270.00 0.00 $0.00 3314.00 $182,270.00 007. 10" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Fool 300 $35.00 260 $9,100.00 0.00 $0.00 260.00 $9,100.00 008. 8' Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 35 $30.00 66 $1,980.00 0.00 $0.00 66.00 $1,980.00 009. 6' Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 60 $27.00 0 $0.00 0.00 $0.00 0.00 $0.00 010. 4" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) Linear Foot 36 $24.00 38 $912.00 0.00 $0.00 38.00 $912.00 011. 12" gate valve assembly (no Vault) Each 19 $1,250.00 15 $18,750.00 4.00 $5,000.00 19.00 $23,750.00 012. 10" gate valve assembly (no Vault) Each 13 $1,050.00 14 $14,700.00 -1.00 ($1,050.00) 13.00 $13,650.00 013. 8" gate valve assembly (no Vault) Each 2 $650.00 2 $1,300.00 0.00 $0.00 2.00 $1,300.00 014. 6" gate valve assembly (no Vault) Each 2 $500.00 0 $0.00 2.00 $1,000.00 2.00 $1,000.00 015. 4" gate valve assembly (no Vault) Each 1 $350.00 1 $350.00 0.00 $0.00 1.00 $350.00 016. Furnish & Install 24" x 12" Tapping G.V. Assembly Each 2 $3,450.00 2 $6.900.00 0.00 $0.00 2.00 $6,900.00 017. Furnish & Install 18" x 12" Tapping G.V. Assembly Each 2 $3,250.00 1 $3.250.00 1.00 $3,250.00 2.00 $6,500.00 018. Fire Hydrant Assembly Each 17 $2,250.00 17 $38,250.00 1.00 $2,250.00 18.00 $40,500.00 019. 314" Water Service Connection Each 60 $650.00 42 $27,300.00 18.00 $11,700.00 60.00 $39.000.00 020. 1" Water Service Connection Each 1 $600.00 1 $600.00 2.00 $1,200.00 3.00 $1,800.00 021. 1-1/2" Water Service Connection Each 2 $1,250.00 0 $0.00 3.00 $3,750.00 3.00 $3,750.00 022. 2" Water Service Connection Each 1 $1,350.00 0 $0.00 0.00 $0.00 0.00 $0.00 023. Connection to existing water main Each 11 $1,250.00 10 $12,500.00 1.00 $1,250.00 11.00 $13,750.00 024. Concrete for Thrust Blocking, Dead -Man Anchor Blocks Cubic Yard 30 $150.00 51 $7,650.00 0.00 $0.00 51.00 $7,650.00 025. Removal of Existing fire hydrants, valve boxes & other appurtenances 026. Furnish & Install 18" CPEP Storm Pipe 027. Furnish & Install 12" CPEP Storm Pipe 028. Furnish & Install 18" Ductile Iron Storm Pipe 029. Furnish & Install 12" Ductile Iron Storm Pipe 030. Furnish & Install CB Type -II, 484nch 031. Furnish & Install CB Type-1 032. Side Sewer Adjustment 033. Remove & Dispose Existing Stone Manholes Lump Sum 1 Linear Foot 373 Linear Fool 2519 Linear Foot 292 Linear Foot 483 Each 28 Each 42 Each 30 Each 3 $1,000.00 $27.00 $20.00 $40.00 $30.00 $2,000.00 $850.00 $500.00 $400.00 034. Remove & Dispose Existing Storm Water Pipe (Including Pipe Plugs) Lump Sum 1 $1,150.00 035. Remove & Dispose Existing Catch Basin Type -I Each 9 $350.00 036. Remove & Replacement of Unsuitable Foundation Material Ton 330 $25.00 037. Furnish & Install Quarry Spalls Ton 175 $18.00 038. Select Imported Trench Backfill Ton 2675 $12.00 039. Crushed Surfacing Top Course & Crushed Rods Backfill Ton 970 $18.00 040. Controlled Density Fill Cubic Yard 12 $90.00 041. Asphalt Patch Class B Ton 620 $65.00 042. Asphalt Patch Class B, or ATB for Temp. Patch Ton 1200 $60.00 043. Remove & Replace Sidewalk & Driveway Square yard 40 $40.00 044. Remove & Replace Curb & Gutter Linear Foot 150 $20.00 0 $0.00 1.00 $1,000.00 1.00 $1,000.00 325 $8,775.00 0.00 $0.00 325.00 $8,775.00 2208 $44,160.00 0.00 $0.00 2208.00 $44,160.00 292 $11,680.00 0.00 $0.00 292.00 $11,680.00 768 $23,040.00 0.00 $0.00 768.00 $23,040.00 27 $54,000.00 0.00 $0.00 27.00 $54,000.00 42 $35,700.00 0.00 $0.00 42.00 $35.700.00 8 $4.000.00 3.00 $1,500.00 11.00 $5,500.00 2 $800.00 0.00 $0.00 2.00 $800.00 1 $1,150.00 0.00 $0.00 1.00 $1,150.00 9 $3,150.00 0.00 $0.00 9.00 $3,150.00 51.65 $1,291.25 0.00 $0.00 51.65 $1,291.25 81.15 $1,460.70 0.00 $0.00 81.15 $1,460.70 3073.89 $36,886.68 0.00 $0.00 3073.89 $36,886.68 2165.71 $38,982.78 0.00 $0.00 2165.71 $38,982.78 5 $450.00 0.00 $0.00 5.00 $450.00 897.64 $58,346.60 96.15 $6,249.75 993.79 $64,596.35 1410.65 $84,639.00 434.33 $26,059.80 1844.98 $110,698.80 201.01 $8,040.40 235.40 $9,416.00 436.41 $17,456.40 896.4 $17,928.00 -38.60 ($772.00) 857.80 $17,156.00 Project: South Renton Water Main/Storm Sewer Replacement Phase I Contract Number: CAG-01-008 ontractor C/O Travelers Casualty & Surety Company Pay Estimate Final Closing Date: 11/20/01 Item Description Unit Est. Unit Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount 045. Remove, Restore.Lawn, Landscaping Restoration Lump Sum 1 $7,500.00 0.1 5750.00 0.90 $6,750.00 1.00 $7,500.00 046. Replace, Pavement Markings & Traffic Buttons Lump Sum 1 $2,750.00 0.6 $1,650.00 0.40 $1,100.00 1.00 $2,750.00 047. Re -Establish Monumnets Each 4 $250,00 0 $0.00 4.00 $1,000.00 4.00 $1,000.00 048. CO# 1 re-establish vertical survey control Lump Sum 1 $3,720.00 1 $3,720.00 0.00 $0.00 1.00 $3,720.00 049. Change Order #2 Extra excavation due to concrete encased sewer main Each 1 $974,16 1 $974.16 0.00 $0.00 1.00 $974.16 050. Change Order#3 Extra excavation and materials for F.H. at Sta. 54+03 Each 1 5883.23 1 $883.23 0.00 $0.00 1.00 $883.23 051. Change Order # 4 Establish property corners for Staging Area Lump Sum 1 $1,185.00 1 $1,185.00 0.00 $0.00 1.00 $1,185.00 052. Change Order #5 Remove CB #24A for anthroplogical analysis of trench Each 1 $371.15 1 $371.15 0.00 $0.00 1.00 $371.15 053. Change Order #6 Excavate/remove existing asphalt Each 1 $3,902.86 1 $3,902.86 0.00 $0.00 1.00 $3,902.86 054. Change Order #7 Cold Mix for Temp. Patch Ton 271 $55.00 270.66 $14,886.30 0.00 $0.00 270.66 $14,886.30 055. Change Order #8 Relocate CB #2 and reconnect Exist. 6" storm line Each 1 $2,390.97 1 $2,390.97 0.00 $0.00 1.00 $2,390.97 056, Change Order #9 Repair of unmarked 6" storm Each 1 $1.443.14 $0.00 1.00 $1,443.14 1.00 $1,443.14 057. Change Order #10 Credit for Item 45 Each 1 ($1,715.00) 50.00 1.00 ($1,715.00) 1.00 ($1,715.00) Subtotal 8.8 % Sales Tax 5884,856.08 $77,867,34 $82.031.69 $7,218.79 $966,887,77 $85,086.12 TT Total I I $962,723.42 $89.250.48 $1,051,973.89 a'S':-�i t " Ns'Y �) CITY OF RENTON C' ;, y ri +� + FINANCE & INFORMATION SERVICES DEPARTMENT r- MEMORANDUM RECEVE DATE: October 24, 2001 OCT 2 5 2001 TO: Larry Warren CITY OF RENTONUTILITY SYSTEMS FROM: Tracy Schuld SUBJECT: Katspan (again) Larry, I'm not sure what to do with this notice. I am not sure how the department of revenue now views this job now that Katspan is not working on it. Please advise so I can get back to the dept of revenue. Thanks! Cc Rick Moreno Abdoul Gafour �(/i Y6ptl(w G�a�'vl 5/31 4ao2. U h:common:temp.doc t c Y +s DATE: TO: FROM: SUBJECT Larry, CITY OF RENTON FINANCE & INFORMATION SERVICES DEPARTMENT MEMORANDUM October 24, 2001 Larry Warren Tracy Schuld Katspan (again) I'm not sure what to do with this notice. I am not sure how the department of revenue now views this job now that Katspan is not working on it. Please advise so I can get back to the dept of revenue. Thanks'. Cc Rick Moreno Abdoul Gafour h:common:temp.doc State of Washington ^Department of Revenue R-EZINUE CCoOm�liance Procedures & Admin. Registration Number 601 341 325 BBox 47473 Olympia, WA 98504-7473 NOTICE AND ORDER TO WITHHOLD AND DELIVER (Continuing Levy) To: City Of Renton 1055 South Grady Way Renton WA 98055 County Cause Number Warrant Number Date of Judgment Judgment Amount Amount Due King-Knt 01-2-23133-2 025201 A 08/29/2001 $358,433.34 $361,189.29 You are hereby notified that there is now due, owing and unpaid, to the State of Washington 361, 189.29 from the taxpayer whose name appears below, the sum of —� TOTAL AMOUNT DUE 1. You are required to answer the undersigned Revenue Officer at the office address listed below, within TWENTY (20) DAYS of the date you receive this Notice. 2. You must state in writing and under oath in what amount you are or will become indebted to the below named taxpayer and what funds, property, or effects of this taxpayer you may have in your possession and you must immediately deliver such funds or property to the same Revenue Officer or furnish a bond satisfactory to the Department of Revenue until final liability is determined. 3. This notice shall remain in effect until the Department issues an official, written release. Due to the nature of the debt, additional interest may accrue causing the total due to increase. 4. Checks or money orders should be made payable to "Department of Revenue, State of Washington." 5. Date of service means this levy is in effect as of the date it is personally served or date of receipt via certified mail. Failure to comply with the requirements of this Notice within the prescribed time is unlawful and you may be held liable for the full amount due, together with costs if judgment by default is rendered against you by the court. (RCW 82.32.235) 5EE Jrr,t.lrlt. uNbIKUt.11V1VJ Uri in-r tci;Vr,KJr, ruff: rinancia) institutions; rnlpioyers; of Lmiur rersotts or i.uutles. In The Matter Of The Tax Judgment Against: Signature =E F REVENUE KATSPAN INC g (Issuing Officer) PMB #118 6947 COAL CREEK PARKWAY SE By (Serving Officer, if other than above) NEWCASTLE WA 98059 Date of Personal Service Date of Certified Mailing STATE OF WASHINGTON DEPARTMENT OF REVENUE Contact: David M Gebauer Address: Cascade East Building 20819 - 72Nd Ave S Kent WA 98032 2318 Taxpayer Phone: 253 437-3449 REV 32 OOOIF-1-2 (2-10-98) Service Copy THE FEDERAL RESTRICTIONS ON MAXIMUM ALLOWABLE GARNISHMENTS (LEVYS) DO NOT APPLY TO THIS ACTION [15 USCS - 1673(b)(1)(c)] EXCERPT FROM REVISED CODE OF WASHINGTON, 82.32.235: "...the department is hereby authorized to issue to any person, or to any political subdivision or department of the state, a notice and order to withhold and deliver property of any kind whatsoever when there is reason to believe that there is in the possession of such person, political subdivision or department, property which is or shall become due, owing, or belonging to any taxpayer against whom a warrant has been filed." FINANCIAL INSTITUTIONS: 1. This Notice requires your institution to withhold funds on deposit or in possession at the time of legal service for all accounts or property in any branch, whether savings or checking or contract collection, personal or business including safe deposit boxes and certificates of time deposit which may be held in the taxpayer's name or the name of the business or the name of the spouse or partner(s) including any spouse whose name is shown on this Notice as John or Jane Doe. 2. This Notice allows a maximum of TWENTY (20) DAYS for receipt of a written, notarized answer. Delivery of any funds or property held should accompany the answer. 3. Due to the difficulties of monitoring activities in depositor accounts, the Department expects that future deposits will not be subjected to attachment by the Notice, however other Notices may be served to attach future deposits. Payments received in the course of the institution acting as a contract collection agent, however, will be subject to a continuing attachment by this notice until such time as the debt is extinguished or the contract collection is completed. 4. When the remittance, satisfactory answer, or final remittance (in the case of a continuing lien) is received, the Department will issue an official written release. EMPLOYERS: 1. This Notice requires you to immediately cease paying wages or other payments whatsoever to the taxpayer or spouse unless otherwise instructed by the Department of Revenue. 2. You must provide a written answer to the Department within TWENTY (20) DAYS of the date of service of this Notice. However, because a pay day may occur shortly, the written answer should be provided immediately. In this way, you will be informed by the Department as to the specific amount of the wage attaachment due to a subsequent negotiation with the taxpayer. If installment payments are agreed upon, the final remittance will include additional interest not stated on this form. OTHER PERSON OR ENTITIES: 1. Any funds due the taxpayer from you or property of the taxpayer that you hold must be remitted to the Department of Revenue. 2. In every case, written answer to the Notice must be made within TWENTY (20) DAYS of the date of service of this Notice to avoid the potential of judgment by default which would make you liable for the full amount due plus costs. Questions about this notice should be directed to the issuing officer at the office address shown on the front. All funds or property should be delivered to this same office and not to any other office of the Department of Revenue. REV 32 0001F-inst (10-20-95) 1 2 3 4 5 6 RECr--,.. ?LD CITY OF RENTON UTILITY SYS; -MS 7 8 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON 9 IN AND FOR THE COUNTY OF KING 10 U.S. FILTER DISTRIBUTION GROUP, 11 INC., a Georgia corporation, No. 02-2-03517-5 KNT 12 Plaintiff, ANSWER OF DEFENDANT, 13 CITY OF RENTON V. 14 KATSPAN, INC., a Washington corporation; 15 CITY OF RENTON, a municipal 16 corporation; TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA. 17 a Connecticut corporation; and DEVELOPERS SURETY AND 18 INDEMNITY COMPANY. a California 19 corporation, 20 Defendants. 21 COMES NOW City of Renton, Defendant, based on information and belief, and 22 23 by way of answer to Plaintiffs Complaint, certifies as follows per the requirements of 24 RCW 60.28.030: 25 I. ANSWER 26 1. Name of Contractor: Katspan, Inc. 27 28 ANSWER OF DEFENDANT CITY OF RENTON - I WARREN BARBER 6 FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON, WASHINGTON 98057 PHONE 14251 255.8678 • FAX (425) 255.5474 1 2. Work contracted to be done: 2 a) 3,353 linear feet of 12" diameter, 363 linear feet of 10" diameter, 33 linear 3 feet of 8" diameter, 103 linear feet of 6" diameter, and 50 linear feet of 4" diameter class 4 5 52, ductile iron pipe; 6 b) 63 water service connections: 7 c) 17 fire hydrant assemblies; 8 d) 20 gate valve assemblies; 9 e) 11 water main connections; 10 f) 2,540 linear feet of 12" diameter, and 37 3 linear feet of 18" diameter CPEP 11 12 Storm Water Pipe; 13 g) 474 linear feet of 12" diameter, and 292 linear feet of 18" diameter ductile 14 iron Storm Water Pipe; 15 h) 42 Type 1 Catch Basins; 16 i) 28 Type 2 Catch Basins; 17 j) Connections to existing Storm Water Systems; and 18 19 k) Asphalt roadway trench patching, sidewalk, curb and gutter repair. and 20 landscape restoration associated with the new utility line installations. 21 3. Date of the Contract: Awarded February 26, 2001; began construction March 19, 22 2001. �3 4. Date of Completion and final acceptance of the work: November 20. 2001. from 24 separate contractor, NW Cascade. Inc. 25 Katspan Inc. stopped portion of work on July 31, 2001. 26 27 28 ANSWER OF DEFENDANT CITY OF RENTON - 2 WARREN BARBER & FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON, WASHINOTON 96057 PHONE (425) 255.8678 • FAX (42S) 25S•S474 1 5. Amount retained: $89,250.48 2 6. Amount of taxes certified due or to become due to the state: $89.640.17 (see 3 attached letter, Exhibit "A"). 4 5 7. All claims filed with the City: Attached as Exhibit "B" are all claims filed with the 6 City, showing respectively the dates of filing, the names of claimants and amounts 7 claimed. 14- 8 DATED this day of March. 2002. 9 WARREN BARBER & FONTES. P.S. 10 11 i I 12 _-,Lawrence J. Warren,.JWSBA #5853 13 Attorney for City 6-T Renton 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ANSWER OF DEFENDANT CITY OF RENTON - 3 WARREN BARBER 6 FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON. WASHINGTON 98057 PHONE (425) 255-8678 • FAX (425) 255-5474 EXHIBIT A STATE OF WASHINGTON DEPARTMENT OF REVENUE CERTIFICATE OF LIEN February 14, 2002 UBI #: 601 341 325 TO: City of Renton Attn: Tracy Schuld 1055 S Grady Way Renton WA 98055 RE: CAG 01 008 S Downtown water and sewer Replace/PH 1 More than forty-five days have elapsed since the completion of the above -referred public improvement contract between Katspan and City of Renton. Pursuant to the provisions of RCW 60.28.040, 050, and 060 the Department of Revenue of the State of Washington certifies that there is due and owing to the State of Washington from said contractor taxes, increases and penalties in the sum of $89,640.17 with respect to the above -described contract. The Department of Revenue further certifies that there is due and owing to the State of Washington from said contractor other taxes, increases and penalties in the sum of $369,340.51. Payment of such taxes, increases and penalties out of the fund retained (bonded) by you under the aforementioned contract, pursuant to the provisions of Chapter 60.28 RCW, is hereby requested in accordance with the provisions of RCW 60.28.040, 050 and 060, which sections provide that the taxes, increases and penalties due with respect to the above -described contract are a lien prior to all other liens upon the retained fund, except that the employee of a contractor or the contractor's successors or assignees who have not been paid the prevailing wage under such a public improvement contract shall have a first priority lien against the retainage prior to all other liens, if filed within the time period required by statute. And that the other taxes, increases and penalties due and owing from said contractor are a lien upon the balance of the retained fund remaining in your possession, after all other statutory lien claims have been paid. Your transmittal of the taxes, increases and penalties due with respect to the above -described contract is to be made to the Department of Revenue within ten days of the receipt of this certificate and request as provided by RCW 60.28.060. If you have any questions regarding this contract, please call Kim L Deyo in our public works contract section at (360) 570-5962. �C O&� EE6 19 ZWZ Audit Division • Procedures and Administration 1025 E Union Ave Ste 344 • PO Box 47474 • Olympia WA 98504-7474 - 0i Payment, along with a copy of this letter, should be directed to: State of Washington Department of Revenue Attn: Kim L Deyo P O Box 47474 Olympia WA 98504 7474 Dated this 14 February, 2002. DEPARTMENT OF REVENUE OF THE STATE OF WASHINGTON Kenneth J. Capek Assistant Director, Audit cc: Katspan Stale of Washington Department of Kevenue ��— Com liance Procedures & Admin. PO Box 47473 REVENUE Olympia, WA 98504-7473 Registration Number 601 341 325 NOTICE AND ORDER TO WITHHOLD AND DELIVER (Continuing Levy) To: City Of Renton Attn Tracy Schuld 1055 S Grady Way Renton WA 98055 Count y Cause Number Warrant Number Date a Judgment Judgment Amount Amount Due King-Knt 01-2-23133-2 025201A 08/29/2001 $358,433.34 $368,466.27 You are hereby notified that there is now due, owing and unpaid, to the State of Washington 368 466.27 from the taxpayer whose name appears below, the sum of —� TOTAL AMOUNT DUE ' 1. You are required to answer the undersigned Revenue Officer at the office address listed below, within TWENTY (20) DAYS of the date you receive this Notice. 2. You must state in writing and under oath in what amount you are or will become indebted to the below named taxpayer and what funds, property, or effects of this taxpayer you may have in your possession and you must immediately deliver such funds or property to the same Revenue Officer or furnish a bond satisfactory to the Department of Revenue until final liability is determined. 3. This notice shall remain in effect until the Department issues an official, written release. Due to the nature of the debt, additional interest may accrue causing the total due to increase. 4. Checks or money orders should be made payable to "Department of Revenue, State of WashinIn gton." 5. Date of service means this levy is in effect as of the date it is personally served or date of receipt via certified mail. Failure to comply with the requirements of this Notice within the prescribed time is unlawful and you may be held liable for the fulr amount due, together with costs if judgment by default is rendered against you by the court. (RCW 82.32.235) SEE SPECIFIC INSTRUCTlUNS ON 1'HE REVERSE k'UR: linancial In The Matter Of The Tax Judgment Against: KATSPAN INC PMB #118 6947 COAL CREEK PARKWAY SE NEWCASTLE WA 98059 Employers; of Uther Persons or r:nuues. DEPARTMENWF AEVENSUE (Issuing By Date of Personal Service Date of Certified Mailing / —,1O 21,2 STATE OF TON ot DEPARTMENT OF REVENUE Contact: Kim Fitzpatrick ' Address: Cascade East Building 20819 - 72Nd Ave S Kent WA 98032 2318 Taxpayer I Phone: 253 437-3451 REV 32 OOOIF-1-2 (2-10-98) Service Copy EXHIBIT B 1. 2 3. EXHIBIT B Name of Claimant: Cascade Sawing and Drilling, Inc. PO Box 3157 Kent, WA 98057 Date of Filing: City received April 9, 2001 Amount Claimed: $5,354.09 labor + $50.00 fee, for Street Work Name of Claimant: Cascade Sawing and Drilling, Inc. PO Box 3157 Kent, WA 98057 Date of Filing: City received April 16, 2001 Amount Claimed: $7,081.90 labor + $50.00 fee for Water Line work Name of Claimant: The Fleur Company, Inc. 716 Monroe Avenue NE Renton, WA 98056 Date of Filing: City received June 6, 2001 Amount Claimed: $9,603.00 for construction staking and as -builds supplied, and interest at the legal rate and attorneys fee. 4. Name of Claimant: South Central Concrete, Inc. 112A Wakefield Dr. Centralia, WA 98531 Date of Filing: City received July 19, 2001 Amount Claimed: $4,283.00, which includes lien fees ($325) and costs ($50) for labor and/or materials for Downtown Water & Storm Improvement, and interest at the rate of 12% per annum from May 30, 2001. 5. Name of Claimant: South Central Concrete, Inc. I I2A Wakefield Dr. Centralia, WA 98531 Date of Filing: City received July 23, 2001 Amount Claimed: $1,162.00, which includes lien fees ($150) and costs ($50), for labor and/or materials for Water Utility Engineering, and interest at the rate of 12% per annum from June 15, 2001. 6. Name of Claimant: U.S. Filter Distribution Group, Inc. Represented by Douglas Hookland Scott Hookland LLP PO Box 23414 Tigard, OR 97281 Date of Filing: City received October 12, 2001 Amount claimed: $22,645.94 7. Name of Claimant: Silver Streak d/b/a T-Max, Inc. PO Box 1745 North Bend, WA 98045 Date of Filing: City received December 17, 2001 Amount Claimed: Two claims for labor for Starn & Water Improvements (no dollar amount listed) 8. Name of Claimant: Silver Streak d/b/a T-Max, Inc. PO Box 1745 North Bend, WA 98045 Date of Filing: City received December 17, 2001 Amount Claimed: Truck Rental (no dollar amount listed) 9. Name of Claimant: Northwest Laborers -Employers Health & Security Trust, Western Washington Laborers -Employers Pension Trust, Northwest Laborers -Employers Training Trust, and Washington and Northern Idaho District Council of Laborers (all represented by same attorney, Mary L. Stoll) Date of Filing: City received July 27, 2001 Amount Claimed: Claim of Lien (See attached Lien Claim Detail) 10. Name of Claimant: Northwest Laborers -Employers Health & Security Trust, Western Washington Laborers -Employers Pension Trust, Northwest Laborers -Employers Training Trust, and Washington and Northern Idaho District Council of Laborers (all represented by same attorney, Mary L. Stoll) Date of Filing: City received December 3, 2001 Amount Claimed: Renewed and Revised Claim of Lien (See attached Lien Claim Detail) 11. Name of Claimant: State of Washington Department of Revenue Audit division 1025 E. Union Ave. Suite 344 PO Box 47474 Olympia, WA 98504 Date of Filing: Feb. 19, 2002 Amount Claimed: $89,640.17 in taxes, increases and penalties $369,340.51 in other taxes, increases and penalties Attachments to Exhibit B NOTICE OF CLAIM OF LIEN Against Public Works Bond and Retained Percentage (RCW 39.08.030; 39.12.050; 60.28.010) TO: City of Renton, Washington c/o Lawrence J. Warren, City Attorney Warren, Barber & Fontes, P.S. 100 South 2nd P. 0. Box 626 Renton, WA 98057 TO: City of Renton, Washington Attention: Mr. Rick Moreno, Project Manager 1055 South Grady Way Renton, WA 98055 TO: Travelers Bond Attention: Mr. Gerald M. Ormiston 3455 S. 344`h Way, Suite 200 Auburn, WA 98001 TO: Travelers Bond 3850 Bank of America Tower 701 Fifth Avenue Seattle, WA 98104 TO: Katspan, Inc. 13221 NE 1261h Place Kirkland, WA 98034 You and each of you are hereby notified that: 1. Northwest Laborers -Employers Health & Security Trust, Western Washington Laborers -Employers Pension Trust, Northwest Laborers -Employers Training Trust (Trust Funds) provide benefit coverage for employees, and and Washington and Northern Idaho District Council of Laborers (Union) has negotiated wage deductions for employees, who have furnished labor for the construction and/or improvement of the public works project known as the "City of Renton South Downtown Water Main and Storm Sewer Replacement Project —Phase I" (Project), Contract CAG01-008. 2. Said labor was furnished by Katspan, Inc. (Prime Contractor/Employer). 3. The Surety for the Prime Contractor is Travelers Bond (Surety) Bond Nos. 103355963 and 103574771. Notice of Claim of Lien-1 4. The undersigned Trust Funds and Union hereby make claim against the Surety in the sum of $50,218.72, which sum is due and owing to the Trust Funds and Union for negotiated wage deductions accruing for labor furnished based upon a labor agreement executed by the Employer. The amount of the Trust Funds' and Unions' claim is subject to revision based on the results of a pending audit of the Employer's payroll records. The Trust Funds and Union make claim on behalf of the individual employees listed in the Lien Claim Detail attached as Exhibit A to this Notice, which sets forth the unpaid wage deductions owing per employee. The Union is the sole bargaining representative for the employees listed in the Lien Claim Detail and acts as the employees' representative in asserting the employees' claims for the unpaid wage deductions negotiated in their wage package with the Employer. Claimants: Northwest Laborers -Employers Health & Security Trust, Western Washington Laborers -Employers Pension Trust, Northwest Laborers -Employers Training Trust, and Washington and Northern Idaho District Council of Laborers Bv: \v Mary L. Stoll, W No. 16446 Attorney for Cxaima t Trust Funds and Union 5600 Key To er, 70 Fifth Avenue Seattle, WA 98104-5056 Telephone 206-623-2855 Notice of Clcim of Lien-2 INDIVIDUAL ACKNOWLEDGMENT STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I, Mary L. Stoll, being duly sworn, hereby make this affidavit as the attorney for the above -named Claimant Trust Funds and Union. I have heard the foregoing claim of lien, have read and know the contents thereof, and believe the same to be just. SUBSCRIBED AND SWORN to before L. E. Tarr NOTARY PUBLIC in and for the State of Washington, residing at Seattle My commission expires March 31, 2005 Notice of Claim of Lien-3 Katspan, Inc. (750-578)--Lien Claim Detail on City of Renton Project--7/24/01 (578_LienClaiml) Hours Deductions Total Adjustments Receipts Balance Oct-00 Per Reports Jaime Anderson 61.50 $97.79 $97.79 Jeffory Anderson 225.00 $357.75 $357.75 Benjamin Aubrey 181.00 $287.79 $287.79 William E. Austring 179.00 $284.61 $284.61 Daniel J. Barr 55.50 $88.25 $88.25 William J. Bendixen 159.00 $252.81 $252.81 Dave A. Brittain 176.50 $280.64 $280.64 Steve Brittain 124.00 $197.16 $197.16 Shaelene Brown 56.50 $89.84 $89.84 Calvin R. Bryant 194.00 $308.46 $308.46 Mark G. Campbell 206.50 $328.34 $328.34 Terry G. Clay 159.00 $252.81 $252.81 Justin E. Carter 136.50 $217.04 $217.04 Julio Daza 148.00 $235.32 $235.32 Ronald L. Dennis 168.00 $267.12 $267.12 William J. Duke 69.50 $110.51 $110.51 Ron L. Evemden 90.50 $143.90 $143.90 Ruben Fernandez 185.00 $294.15 $294.15 Darryl A. Fogle 60.50 $96.20 $96.20 Randy L. Fox 54.00 $85.86 $85.86 Michael A. Garrett 175.00 $278.25 $278.25 Arthur T. Goins 258.00 $410.22 $410.22 Daniel Guyl 183.00 $290.97 $290.97 Jon'ese L. Hamiter 20.50 $32.60 $32.60 Kenneth D. Hampton 29.00 $46.11 $46.11 Charles S. Harvey 112.00 $178.08 $178.08 Daniel D. Hembree 189.50 $301.31 $301.31 Sean B. Higgins 258.00 $410.22 $410.22 Clint Johnson 18.50 $29.42 $29.42 James Johnson 193.00 $306.87 $306.87 Keith Johnson 16.50 $26.24 $26.24 Casey T. Kenfield 182.50 $290.18 $290.18 Abdur Rashid Lane-Abdallah 131.00 $208.29 $208.29 Andrew A. Lindquist 162.50 $258.38 $258.38 Robert S. Mason 137.00 $217.83 $217.83 William L. McKenzie 171.00 $271.89 $271.89 Brandy N. Olson 191.50 $304.49 $304.49 Elaina M. Owens 154.50 $245.66 $245.66 Jeremy Powers 15.00 $23.85 $23.85 Aimee C. Raap 184.50 $293.36 $293.36 $191.60 $110.51 $85.07 Michael A. Rigacci 120.50 $191.60 Laura L. Reinhart 69.50 $110.51 Derek C. Robinson 53.50 $85.07 Page.1 Katspan, Inc. (750-578)--Lien Claim Detail on City of Renton Project--7/24/01 (578_LienClaiml) Hours Deductions Total Adjustments Receipts Balance Suzanne 1. Rowe 14.00 $22.26 $22.26 Rick L. Rucker 168.00 $267.12 $267.12 Matthew Schultz 35.50 $56.45 $56.45 Joseph D. Seabury 159.00 $252.81 $252.81 David Shahan 95.50 $151.85 $151.85 Clark D. Smith 159.50 $253.61 $253.61 Daniel L. Smith 38.00 $60.42 $60.42 Travis J. Speed 148.50 $236.12 $236.12 John J. Streun 149.00 $236.91 $236.91 Joseph M.Susino 192.00 $305.28 $305.28 Walter Twidwell 231.00 $367.29 $367.29 Wayne Vnzant 26.50 $42.14 $42.14 Brian D. Waite 176.00 $279.84 $279.84 Art Weinley 215.00 $341.85 $341.85 Lisa A. Williams 166.50 $264.74 $264.74 Chad D. Woolcock 246.00 $391.14 1 $391.14 Report total 7935.50 $12,617.45 1 $0.00 $0.00 $0.00 1 $12,617.45 Nov-00 Per Reports Jaime Anderson 216.00 $343.44 $343.44 Jeffory Anderson 247.00 $392.73 $392.73 Shawn M. Anderson 162.50 $258.38 $258.38 Benjamin Aubrey 223.00 $354.57 $354.57 William E. Austring 218.50 $347.42 $347.42 William J. Bendiixen 184.00 $292.56 $292.56 Dave A. Brittain 201.50 $320.39 $320.39 Steve Brittain 198.50 $315.62 $315.62 Calvin R. Bryant 263.50 $418.97 $418.97 Mark G. Campbell 199.50 $317.21 $317.21 Justin E. Carter 169.50 $269.51 $269.51 Julio Daza 223.25 $354.97 $354.97 Jeff A. Deel 11.00 $17.49 $17.49 Ronald L. Dennis 246.50 $391.94 $391.94 William J. Duke 191.00 $303.69 $303.69 Rae Anne Elder 220.50 $350.60 $350.60 Ruben Fernandez 245.00 $389.55 $389.55 Michael A. Garrett 229.00 $364.11 $364.11 Arthur T. Goins 280.00 $445.20 $445.20 Daniel Guyll 186.00 $295.74 $295.74 Charles S. Harvey 267.00 $424.53 1 1 $424.53 Sean B. Higgins 279.50 $444.41 $444.41 James Johnson 133.501 $212.27 $212.27 Casey T. Kenfield 242.501 $385.58 $385.58 Page 2 Page.3 Katspan, Inc. (750-578)--Lien Claim Detail on City of Renton Project-7/24/01 (578_1-ienClaiml) Hours Deductions Total Adjustments Receipts Balance Tim H. Lamb 107.50 $170.93 $170.93 Andrew A. Lindquist 268.00 $426.12 $426.12 William L. McKenzie 158.00 $251.22 $251.22 William D. Morris 196.00 $311.64 $311.64 Brandy N. Olson 215.50 $342.65 $342.65 Elaina M. Owens 195.00 $310.05 $310.05 Michael Patzel 32.00 $50.88 $50.88 Carl D. Phelps 33.50 $53.27 $53.27 David Picked 100.50 $159.80 $159.80 Aimee C. Raap 201.05 $319.67 $319.67 Laura L. Reinhart 171.00 $271.89 $271.89 Derek C. Robinson 192.50 $306.08 $306.08 Rick L. Rucker 188.00 $298.92 $298.92 Jeremy Rutledge 98.50 $156.62 $156.62 Joseph D.Seabury 99.00 $157.41 $157.41 David Shehan 273.00 $434.07 $434.07 Clark D. Smith 12-2.00 $193.98 $193.98 Donald Smith 102.50 $162.98 _ $162.98 Travis J. Speed 167.75 $266.72 $266.72 John J. Streun 143.50 $228.17 $228.17 Joseph M. Susino 179.00 $284.61 $284.61 Walter Twidwell 274.00 $435.66 $435.66 Kevin Van Hoof 87.00 $138.33 $138.33 Brian D. Waite 183.00 $290.97 $290.97 Art Weinley 100.00 $159.00 $159.00 Use A. Williams 201.50 $320.39 1 $320.39 Chad D. Woolcock 277.00 $440.43 1 $440.43 Report total 9404.55 $14,953.23 $0.00 $0.00 $0.00 $14,953.23 Dec-00 Per Reports Jaime Anderson 162.50 $258.38 $258.38 Jeffory Anderson 194.50 $309.26 $309.26 Shawn M. Anderson 167.25 $265.93 $265.93 Benjamin Aubrey 191.00 $303.69 $303.69 William E. Austring 184.50 $293.36 $293.36 William J. Bendixen 127.00 $201.93 $201.93 Dave A. Brittain 127.50 $202.73 $202.73 Steve Brittain 125.00 $198.75 $198.75 Calvin R. Bryant 162.00 $257.58 $257.58 Justin E. Carter 145.50 $231.35 $231.35 Terry G. Clay 1 78.50 $124.82 $124.82 Julio Daza 180.50 $287.00 $287.00 Ronald L. Dennis 224.001 $356.16 1 $356.16 Katspan, Inc. (750-578)--Lien Claim Detail on City of Renton Project--7/24/01 (578_LienClaiinl) Hours Deductions Total Adjustments Receipts Balance William J. Duke 142.50 $226.58 $226.58 Rae Anne Elder 244.00 $387.96 $387.96 Ruben Fernandez 186.50 $296.54 $296.54 Randy Fox 45.00 $71.55 $71.55 Arthur T. Goins 236.00 $375.24 $375.24 Daniel Guyll 152.50 $242.48 $242.48 Charles S. Harvey 256.00 $407.04 $407.04 Sean B. Higgins 252.00 $400.68 $400.68 James Johnson 180.50 $287.00 $287.00 Casey T. Kenfield 217.50 $345.83 $345.83 Tim H. Lamb 129.50 $205.91 $205.91 Andrew A. Lindquist 173.00 $275.07 $275.07 William L. McKenzie 140.00 $222.60 $222.60 William D. Morris 154.00 $244.86 $244.86 Brandy N. Olson 140.00 $222.60 $222.60 Elaina M. Owens 127.50 $202.73 $202.73 Michael Patzel 169.50 $269.51 $269.51 Carl D. Phelps 209.50 $333.11 $333.11 David Picked 27.50 $43.73 $43.73 Aimee C. Raap 123.00 $195.67 $195.57 Laura L. Reinhart 188.00 $298.92 $298.92 Derek C. Robinson 24.00 $38.16 $38.16 Rick L. Rucker 163.00 $259.17 $259.17 Joseph D.Seabury 102.50 $162.98 $162.98 David Shehan 173.00 $275.07 $275.07 Donald Smith 182.00 $289.38 $289.38 Travis J. Speed 47.50 $75.53 $75.53 John J. Streun 164.05 $260.84 $260.84 Walter Twidwell 217.50 $345.83 $345.83 Kevin Van Hoof 229.00 $364.11 $364.11 Brian D. Waite 169.00 $268.71 $268.71 Lisa A. Williams 108.00 $171.72 $171.72 Chad D. Woolcock 152.50 $242.48 1 $242.48 Report total 7295.80 $11,600.32 $0.00 $0.00 $0.00 $11,600.32 Mar-01 Per Reports Jeff Anderson 219.50 $349.01 $349.01 Benjamin Aubrey 220.00 $349.80 $349.80 Calvin R. Bryant 6.50 $10.34 $10.34 Justin E. Carter 86.00 $136.74 $136.74 Julio Daza 29.50 $46.91 $46.91 Ronald L. Dennis 82.00 $130.38 $130.38 Rae Anne Elder 1 217.00 $345.03 $345.03 Page 4 N Katspan, Inc. (750-578)--Lien Claim Detail on City of Renton Project--7/24/01 (578_1-ienClaiml) Hours Deductions Total Adjustments Receipts Balance Arthur Goins 219.00 $348.21 $348.21 Daniel R. Guyll 202.50 6.50 $321.98 $321.98 Michael J. Hall $10.34 $10.34 Charles S. Harvey 211.00 $335.49 $335.49 Sean B. Higgins 220.50 $350.60 $350.60 James Johnson 98.00 $155.82 $155.82 Casey T. Kenfield 180.00 $286.20 $286.20 William L. McKenzie 184.50 $293.36 $293.36 Brandy N. Olson 109.50 $174.11 $174.11 Elaina M. Owens 191.75 $304.88 $304.88 Carl D. Phelps 144.00 $228.96 $228.96 Aimee C. Raap 180.50 $287.00 $287.00 Laura Reinhart 26.50 $42.14 $42.14 Rick L. Rucker 189.00 $300.51 $300.51 Andrew Smith 9.00 $14.31 $14.31 Travis J. Speed 175.00 $278.25 $278.25 John J. Streun 105.00 $166.95 $166.95 Kevin Van Hoof 211.00 $335.49 $335.49 Kye Van Hoof 208.00 $330.72 $330.72 Dane R. Wadsworth 197.00 $313.23 $313.23 Usa A. Williams 195.00 $310.05 _ $310.05 Chad D. Woolcock 236.50 $376.04 $376.04 Report total 4360.25 $6,932.80 $0.00 $0 00 $0.00 $6,932.80 Apr-01 Per Paystubs Andrew Smith 156.50 $248.84 $248.84 Rae Anne Elder 188.00 $298.92 $298.92 Brandy N. Olson 161.00 $255.99 $255.99 Charles S. Harvey 169.50 $269.51 $269.51 Jeffory O. Anderson 236.00 $375.24 $375.24 Sean B. Higgins 119.00 $189.21 $189.21 Kye H. Van Hoof 84.00 $133.56 $133.56 Daniel Guyll 161.00 $255.99 $255.99 Paystub total 1275.00 $2,027.25 t $0.00 $0.00 $0.00 $2,027.25 Page 5 161 Katspan, Inc. (750-578)--Lien Claim Detail on City of Renton Project--7/24/01 (578_LienClaiml) Page 6 Hours Deductions Total Adjustments Receipts Balance May-01 Per Paystubs Rae Anne Elder 115.50 $183,65 $183.65 Brandy N. Olson 110.00 $174.90 $174.90 Elaina M. Owens 164.00 $260.76 $260.76 Charles S. Harvey 230.00 $365.70 $365.70 Jeffory O. Anderson 197.00 $313.23 $313.23 Sean B. Higgins 163.50 $259.97 $259.97 Kye H. Van Hoof 128.00 $203.52 $203.52 Daniel Guyll 158.501 $252.02 $252.02 Paystub total 1266.50 $2,013.74 $0.00 $0.00 _ $0 00 $2,013.74 Jun-01 Per Paystubs Charles S. Harvey 46.50 $73.94 $73.94 Paystub total 46.50 $73.94 $0.00 $0.00 $0.00 $73.94 Total All Months 31584.101 $50,218.72 $0.00 $0.00 $0.00 $50,218.72 NOV RENEWED AND REVISED NOTICE OF CLAIM OF LIEN Against Public Works Bond and Retained Percentage (RCW 39.08.030; 39.12.050; 60.28.010) TO: City of Renton, Washington c/o Lawrence J. Warren, City Attorney Warren, Barber & Fontes, P.S. 100 South 2nd P. 0. Box 626 Renton, WA 98057 TO: City of Renton, Washington Attention: Mr. Rick Moreno, Project Manager 1055 South Grady Way Renton, WA 98055 TO: Travelers Bond Attention: Mr. Gerald M. Ormiston 3455 S. 344`h Way, Suite 200 Auburn, WA 98001 TO: Travelers Bond 3850 Bank of America Tower 701 Fifth Avenue Seattle, WA 98104 TO: Katspan, Inc. 13221 NE 126`h Place Kirkland, WA 98034 You and each of you are hereby notified that: 1. Northwest Laborers -Employers Health & Security Trust, Western Washington Laborers -Employers Pension Trust, Northwest Laborers -Employers Training Trust (Trust Funds) provide benefit coverage for employees, and and Washington and Northern Idaho District Council of Laborers (Union) has negotiated wage deductions for employees, who have furnished labor for the construction and/or improvement of the public works project known as the "City of Renton South Downtown Water Main and Storm Sewer Replacement Project —Phase I" (Project), Contract CAG01-008. 2. Said labor was furnished by Katspan, Inc. (Prime Contractor/Employer). Notice of Claim of Lien-1 3. The Surety for the Prime Contractor is Travelers Bond (Surety) Bond Nos. 103355963 and103574771. 4. The undersigned Trust Funds and Union hereby make claim against the Surety in the sum of $5,474.42, which sum is due and owing to the Trust Funds and Union for negotiated wage deductions accruing for labor furnished based upon a labor agreement executed by the Employer. The amount of the Trust Funds' and Unions' claim is subject to revision based on the results of a pending audit of the Employer's payroll records. The Trust Funds and Union make claim on behalf of the individual employees listed in the Lien Claim Detail attached as Exhibit A to this Notice, which sets forth the unpaid wage deductions owing per employee. The Union is the sole bargaining representative for the employees listed in the Lien Claim Detail and acts as the employees' representative in asserting the employees' claims for the unpaid wage deductions negotiated in their wage package with the Employer. Claimants: Northwest Laborers -Employers Health & Security Trust, Western Washington Laborers -Employers Pension Trust, Northwest Laborers -Employers Training Trust, and Washington and Northern Idaho District Council of Laborers Mary L. Stoll, SBA No. 16446 Attorney fo lai ant Trust Funds and Union 5600 Key er 00 Fifth Avenue Seattle, WA 98104-5056 Telephone 206-623-2855 Notice of Claim of Lien-2 INDIVIDUAL ACKNOWLEDGMENT STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I, Mary L. Stoll, being duly sworn, hereby make this affidavit as the attorney for the above -named Claimant Trust Funds and Union. I have heard the foregoing claim of lien, have read and know the contents thereof, and believe the same to be just. SUBSCRIBED AND SWORN to befor NOTARY PUBLIC in and for the State of Washington, residing at Seattle My commission expires March 31, 2005 Notice of Claim of Lien-3 Katspan, Inc. (750-578)--Lien Claim Detail on City of Renton Project-10/19/01 (578_Renton Lie nClaim2) Hours Deductions Total Adjustments Receipts Balance Apr-01 Per Paystubs Andrew Smith 156.50 $248.84 $248.84 Rae Anne Elder 188.00 $298.92 $298.92 Brandy N. Olson 161.00 $255.99 $255.99 Charles S. Harvey 169.50 $269.51 $269.51 Jeffory O. Anderson 236.00 $375.24 $375.24 Sean B. Higgins 119.00 $189.21 $189.21 Kye H. Van Hoof 84.00 $133.56 $133.56 Daniel GuyA 161.00 $255.99 $255.99 William L. McKenzie 170.50 $271.10 $271.10 1445.50 $2,298.36 $0.00 $0.00 $0.00 $2,298.36 May-01 Per Paystubs Rae Anne Elder 115.50 $183.65 $183.65 Brandy N. Olson 110.00 $174.90 $174.90 Elaina M. Owens 164.00 $260.76 $260.76 Charles S. Harvey 230.00 $365.70 $365.70 Jeffory O. Anderson 197.00 $313.23 $313.23 Sean B. Higgins 163.50 $259.97 _ $259.97 Kye H. Van Hoof 128.00 $203.52 $203.52 Daniel GuyA 158.50 $252.02 $252.02 William L. McKenzie 163.50 $259.97 $259.97 1430.00 $2,273.72 $0.00 $0.00 $0.00 $2,273.72 Jun-01 Per Paystubs _ Charles S. Harvey 46.50 $73.94 $73.94 William L. McKenzie 203.50 $323.57 $323.57 250.001 $397.51 $0.00 $0.00 $0.00 $397.51 Jul-01 Per Paystubs Melissa Ney 122.50 $194.78 $194.78 William L. McKenzie 195.00 $310.05 $310.05 317.50 $504.83 $0.00 $0.00 $0.00 $504.83 Total All Months 3443.00 $5,474.42 $0.00 $0.00 $0.00 $5,474.42 m x T- M Page 1 k rpm 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR THE COUNTY OF KING U.S. FILTER DISTRIBUTION GROUP, INC., a Georgia corporation, Plaintiff, vs. KATSPAN, INC., a Washington corporation; CITY OF RENTON, a municipal corporation; TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a Connecticut corporation; and DEVELOPERS SURETY AND INDEMNITY COMPANY, a California corporation, Defendants. Case No. 02-2-03517-5KNT COMPLAINT 1) On Account; Breach of Contract; Quantum Meruit; 2) Foreclosure of Retainage Lien Claim 3) Project Bond Claim 4) 18.27 Contractor Registration Bond Claim (General Allegations) I. At all material times herein, plaintiff U.S. Filter Distribution Group, Inc. {"U.S. Filter"), was and is a Georgia corporation authorized to transact business in the State of PAGE 1 - COMPLAINT SCOTT ♦ HOOKLAND LLP L A W Y E R S Mailing Address: Post Office Box 23414, Tigard, Oregon 9MI ♦ Sum Address: 9185 SW Burnham, Tigard, Oregon 97223 Telephone: 303620J540 ♦ Facsimile: 503620-4315 I Washington. 2 2. At all material times herein, Katspan, Inc. ("Katspan"), was and is a Washington 3 corporation. 4 3. At all material times herein, defendant City of Renton ("City") was and is a 5 municipal corporation. 6 4. At all material times herein, defendant Travelers Casualty and Surety Company of 7 America ("Travelers") was and is a Connecticut corporation authorized to transact surety business 8 in the State of Washington. 9 10 11 12 13 14 15 16 17 18 19 20 5. At all material times herein, defendant Developers Surety and Indemnity Company ("Developers") was and is a California corporation authorized to transact surety business in the State of Washington. 6. In or about March 2001, Katspan was awarded a contract by defendant City to furnish labor, materials, and equipment to construct an improvement known as the City of Renton South Downtown Water Main and Storm Sewer Replacement - Phase I ("Project"). In conjunction with this contract, on or about March 14, 2001, Katspan, as principal, and defendant Travelers as surety, executed a bond ("Bond") relative to the Project. A copy of the Bond is attached hereto and incorporated herein by this reference as Exhibit "A". riiA PAGE 2 - COMPLAINT SCOTT ♦ HOOKLAND LLP LAWYERS Mailing Address: Post Office Box 23414, Tigard, Oregon 97291 ♦ Strea Address: 9185 SW Burnham, Tigard, Oregon 97223 Telephone: 503.6204540 ♦ Facsimile: 503-620-4315 1 FIRST CLAIM FOR RELIEF 2 COUNT ONE 3 (On Account) 4 For its First Claim For Relief, against defendant Katspan, Count One, plaintiff alleges as 5 follows: 6 7. Incorporates by reference and realleges paragraphs 1 and 2 above. 7 8. Defendant Katspan is indebted to plaintiff in sum of $12,654.12, plus interest 8 accrued prior to October 27, 2001, in the amount of $659.85, together with interest on the 9 principal balance ($12,654.12) at the rate of eighteen percent (18 %) per annum thereon from 10 October 27, 2001, until paid, for the balance of an account for materials supplied, together with 11 the credits to which defendant is entitled, leaving due and unpaid the above -mentioned sum, to wit: 12 (a) The sum of $12,654.12, together with eighteen percent (18 %) interest per 13 annum thereon from October 27, 2001, until paid; 14 (b) The sum of $659.85 as interest accrued prior to October 27, 2001. 15 The particulars of this account are set forth on Exhibit "B", which is attached hereto and 16 incorporated herein by this reference. 17 9. Defendant Katspan has not paid this sum nor any part thereof. Plaintiff has 18 performed all conditions precedent on its part to be performed. 19 10. Plaintiff is entitled to recover interest at eighteen percent (18 %) per annum, and its 20 reasonable attorney fees incurred herein, pursuant to a written agreement. A copy of this PAGE 3 - COMPLAINT SCOTT ♦ HOOKLAND LLP LAWYERS Mailing Address: Post Office Box 23414, Tigard, Oregon 972g1 ♦ Street Address: 9195 SW Burnham, Tigard, Oregon 97223 Telephone: 503-620-4540 * Facsimile: 503-62 -4315 1 agreement is attached and incorporated herein as Exhibit "C". 2 COUNT TWO 3 (Breach of Contract) 4 For its First Claim For Relief against defendant Katspan, Count Two, plaintiff alleges: 5 11. Incorporates by reference and realleges paragraphs 1 and 2 above. 6 12. Plaintiff and defendant entered into an agreement whereby plaintiff agreed to 7 provide to defendant materials and defendant agreed to pay for said materials. A copy of this 8 agreement is attached hereto and incorporated herein by this reference as Exhibit "C". 9 13. Plaintiff performed all conditions precedent on its part to be performed, including 10 providing the materials to defendant. 11 14. Defendant materially breached said agreement by failing to pay the material charges 12 when due. 13 15. As the direct and proximate result of defendant's breach, plaintiff has been damaged 14 in the total sum of $12,654.12, plus interest accrued prior to October 27, 2001, in the amount of 15 $659.85, together with interest on the principal balance ($12,654.12) at the rate of eighteen 16 percent (18 %) per annum thereon from October 27, 2001, until paid. 17 16. Defendant -has failed to pay said sums or any part thereof. Pursuant to written 18 agreement, Exhibit "C" hereto, plaintiff is entitled to interest as alleged in paragraph 15 above and 19 to its reasonable attorney fees. 20 PAGE 4 - COMPLAINT SCOTT ♦ HOOKLAND LLP LAWYERS Mailing Address: Post Office Box 23414, Tigard, Oregon 9MI ♦ Street Address: 9185 SW Burnham, Tigard, Oregon 97223 Telephone: 503-6204540 ♦ F"mile: 503-6244315 1 COUNT THREE 2 (Quantum Meruit) 3 For its First Claim For Relief against defendant Katspan, Count Three, plaintiff alleges: 4 17. Incorporates by reference and realleges paragraphs 1 and 2 above. 5 18. Plaintiff provided materials to defendant in the State of Washington at the request 6 of defendant, which is indebted to plaintiff for such materials' reasonable value, which is 7 $12,654.12. 8 19. The amount, type and quality of such materials were reasonable. Defendant has 9 failed to pay the amount of $12,654.12, nor any part thereof. 10 SECOND CLAIM FOR RELIEF 11 (Foreclosure of Retainage Lien Claim) 12 For its Second Claim For Relief against defendants Katspan and City, plaintiff complains 13 and alleges: 14 20. Plaintiff realleges paragraphs 1 through 3, 6 and 8 through 10 above. 15 21. On or after March 15, 2001, plaintiff began providing materials to the Project at 16 the request of defendant Katspan. Plaintiff ceased providing materials to the Project on or about 17 August 9, 2001. On or about October 12, 2001, plaintiff filed with the City Council of defendant 18 City a notice of claim of retainage lien against the retained percentage fund held by defendant City 19 as required by RCW 60.28.011 in the manner prescribed by RCW 39.08.030. A copy of the 20 notice of claim of retainage lien is attached hereto and incorporated herein by this reference as PAGE 5 - COMPLAINT SCOTT ♦ HOOKLAND LLP LAWYERS Mailing Address: Post Office Box 23414. Tigard, Oregon 9MI ♦ Sued Address: 9195 SW Burnham, Tigard, Oregon 97223 Telephone: 503-62P4540 ♦ Facsimile: 503-6204315 1 Exhibit "D" 2 22. Less than four (4) months have elapsed since the filing of the notice of claim of 3 retainage lien. Plaintiff is entitled to foreclose its retainage lien and recover its entire claim from 4 the retainage percentage held by defendant City. Plaintiff is also entitled to recover its reasonable 5 attorney fees incurred herein pursuant to RCW 60.28.030. Plaintiff is further entitled to recover 6 interest on its claim, specifically eighteen percent (18 %) interest per annum on the principal 7 balance of $12,654.12 from October 27, 2001, until paid, plus interest accrued prior to October 8 27, 2001, in the amount of $659.85. 0 10 THIRD CLAIM FOR RELIEF (Project Bond Claim) 11 For its Third Claim For Relief against defendants Katspan and Travelers, plaintiff alleges: 12 23. Plaintiff realleges paragraphs 1, 2, 4, 6, and 8 through 10 above. 13 24. On or about March 15, 2001, plaintiff began providing materials to the Project at 14 the request of defendant Katspan. Plaintiff ceased providing materials to the Project on or about 15 August 9, 2001. On or about October 12, 2001, plaintiff filed with the City Council of defendant 16 City a notice of claim against the Bond in the manner prescribed by RCW 39.08.030. Attached 17 and incorporated herein as Exhibit "D" is a copy of the notice of claim against the Bond. 18 25. Defendants Katspan and Travelers, jointly and severally, are obligated to pay 19 plaintiff s entire bond claim. Plaintiff is entitled by contract to recover its reasonable attorney fees 20 incurred herein. Furthermore, pursuant to RCW 39.08.030, plaintiff is entitled to recover its PAGE 6 - COMPLAINT SCOTT ♦ HOO"AND LLP LAWYERS Mailing Address: Post Office Box 23414, Tigard. Oregon 97281 ♦ Street Address: 9185 SW Burnham. Tigard. Oregon 97223 Telephone: 503fi204540 * Facsimile: 503-620-4315 1 reasonable attorney fees incurred herein because it waited more than thirty (30) days after the date 2 of serving the notice of claim against the Bond before commencing this litigation. Plaintiff is 3 entitled to recover interest on its claim, specifically eighteen percent (18%) interest per annum on 4 the principal balance of $12,654.12 from October 27, 2001, until paid, plus interest accrued prior 5 to October 27, 2001, in the amount of $659.85. 0 FOURTH CLAIM FOR RELIEF 7 (18.27 Contractors Registration Bond Claim) 8 For its Fourth Claim For Relief, against defendant Developers, plaintiff alleges as follows: 9 26. Incorporates by reference and realleges paragraphs 1, 2, 5, and 8 through 10 above. 10 27. Pursuant to RCW 18.27, defendant Katspan, as a general contractor, is required 11 to obtain a surety bond in the amount of $6,000.00. Defendant Katspan has been issued such a 12 bond as the principal, with Developers as the surety, having Bond Number 850612C. 13 28. Pursuant to its terms, the bond runs to the benefit of all persons, including plaintiff, 14 that provide materials to the bond principal, defendant Katspan. The bond guarantees defendant 15 Katspan's obligations to pay plaintiff the sum of $6,000.00 for materials provided to defendant 16 Katspan by plaintiff. 17 29. Defendant -Developers is indebted to plaintiff in the sum of $6,000.00. 18 WHEREFORE, plaintiff prays for judgment as follows: 19 1. On its First Claim For Relief, against defendant Katspan, Inc. in the amount of 20 $12,654.12, plus interest accrued prior to October 27, 2001, in the amount of $659.85, together PAGE 7 - COMPLAINT SCOTT ♦ HOOKLAND LLP LAWYERS Mailing Addict: Post Office Box 23414, Tigard, Oregon 97281 ♦ Sum Addicts: 9185 SW Bumharn, Tigard, Oregon 97223 Telephone: 503-6204540 ♦ Facsimile: 503fi20-4315 1 with interest on the principal balance ($12,654.12) at the rate of eighteen percent (18 %) per annum 2 thereon from October 27, 2001, until paid, together with plaintiff's reasonable attorney fees and 3 costs and disbursements incurred herein; 4 2. In the alternative to Count One on its First Claim For Relief, Count Two, against 5 defendant Katspan, Inc. in the amount of $12,654.12, plus interest accrued prior to October 27, 6 2001, in the amount of $659.85, together with interest on the principal balance ($12,654.12) at 7 the rate of eighteen percent (18 %) per annum thereon from October 27, 2001, until paid, together 8 with plaintiff's reasonable attorney fees and costs and disbursements incurred herein; 9 3. In the alternative to Counts One and Two, on its First Claim For Relief, Count 10 Three, against defendant Katspan, Inc. in the amount of $12,654.12, together with twelve percent 11 (12 %) interest per annum thereon from August 10, 2001, until paid, together with plaintiff's costs 12 and disbursements incurred herein; 13 4. On its Second Claim For Relief, against defendant Katspan, Inc. in the amount of 14 $12,654.12, plus interest accrued prior to October 27, 2001, in the amount of $659.85, together 15 with interest on the principal balance ($12,654.12) at the rate of eighteen percent (18 %) per annum 16 thereon from October 27, 2001, until paid, together with plaintiff's reasonable attorney fees and 17 costs and disbursements incurred herein; and that this judgment be declared a lien on the retained 18 percentage fund held by defendant City of Renton, and that defendant City of Renton be ordered 19 to pay from the retained percentage fund so much as is necessary to satisfy plaintiff's lien against 20 such fund; PAGE 8 - COMPLAINT SCOTT ♦ HOOKLAND LLP LAWYERS Mailing Address: Post Office Box 23414, Tigard, Oregon 97281 ♦ Street Address: 9185 SW Burnham, Tigard. Oregon 97223 Telephone: 503-620 4540 ♦ Facsimile: 503fi20-4315 1 5. On its Third Claim For Relief, against defendant Katspan, Inc. and Travelers 2 Casualty and Surety Company of America , jointly and severally, in the sum of $12,654.12, plus 3 interest accrued prior to October 27, 2001, in the amount of $659.85, together with interest on 4 the principal balance ($12,654.12) at the rate of eighteen percent (18%) per annum thereon from 5 October 27, 2001, until paid, together with plaintiff's reasonable attorney fees and costs and 6 disbursements incurred herein; 7 6. On its Fourth Claim For Relief, against defendant Developers Surety and Indemnity 8 Company, Bond No. 850612C, in the amount of $6,000.00; and 9 7. Such further relief as the court deems just and equitable. 10 DATED this 3 1 " day of January, 2002. 11 SCOTT ♦ HOOKLAND LLP 12 13 Douglas R. fiookdand, WSBA #17890 14 Of Attorneys For Plaintiff U.S. Filter 15 Distribution Group, Inc. PAGE 9 - COMPLAINT SCOTT ♦ HOOKLAND LLP LAWYERS Mailing Address: Post Office Box 23414. Tigard, Oregon 97281 ♦ Suva Address: 9185 SW Burnh m. Tigard, Oregon 97223 Tekphone: 503-620-4540 * Fscsimik: 503-6204315 �v • ..-. awl .v• ...� �. i OF RENTON PBPLJ 425 r 241 r . rv-., TU IRA' - LERS CASUALTY AND SUl;.LTY COMYAA T ' AM.6E'C " ,'RAV$Llt<BS CASUALTY AND SMTY COI- .I'tY PARHUGTO14 CASUALTY COMPANY Hsstfard, Conaacticat OGISM062 POW$R OF ATTORNKY AND CERTIYICATE OF AUTHORITY OF ATI.OMY(S} FACT KNOW ALL PERSONS BY THESE PRYSVM, THAT TbtAYMM CASUALTY AND SURETY COMPANY of AMERICA, TEAVjaZRS CASUALTY AND SURyTY COMPANY and FARMINGTON CASUALTY COMPANY corpmatiorta duly orpnizcd an the law: of the Stair of Coanccdcut, and having their Pd=ipal C'M in the QV of Hutfard Cetmtr of Hartford, Stuee of Conneeticui, (hrnana& the 'Campanice}ath made, constituted and apN=cd, aad do by the lr=n malm, cousd= and qpai= Cindy L Vtllatitti, Dame Jtldelsld, Julie M. Glover, &LI. Cotton, MAr•ic A. Jewen lSd~li re Amtmdsen, Nancy J. Osborne, S.M. Scutt, Steven K Bush, bUd ael A. Murphy, Tim W. Doyle, of Bothell, Wuhington thdr ttac and Uvfnl Amracy(*in-Fad, with full power tmad auftdV hanky car&nTcd to rigs, cct = and acknowledge, at im plaoc * thin the United Stares, the following Inmmmeut(s): by hia/hcr tole sipatu= and act, any and all bands, rt cagnimacr.; wntmca of indemnity. trod other wddnp 0Zptatp is the == of a bond, riemgnizancc. nr conditional tmdatakaa and any m 61 cmcats inddeut th=to and to bind the Companies, thereby xs fully and to tht sa= cadent as if the sa>nt wero signed by UL ddy authorized cMcus of the Corrtpeutirs, find all the acts of raid AUomgy(e)-1n-1tttrt, pursuanr to tic mnhority herein even, ar hemby radfi;d This tppoiamtent V, made under tad by autlboritp of the following Standing Pj=1t boas of raid Coa oohs, which Rtsolud= ar now In fa'fbrm and eft ct: VOTEEr That the Chaix-mmn, the Prmdtmt, any Vice Chairm.Qa. way b=aE c Via Pre ed&n% any Seim V-= P =Zzut, ray v� Prcridcut, nr Serond Vice Presidu% t w TYns=. any /lssir-na Trust. tho CaTorabs Seartary or any Assistant Sarct=y may appoid Attatncy -1-Fa- and AgcnU to aex f r and oa behalf of the company and may give such glnintee such authority at his or her eerd&&ta of vaawriv may prrsrn2 to sign with tho Cntapaay's name and seal with the CemWy,a seal bonds, rccgytimmccs, contracts of indemnity, and oth,= v ldng-i abtigem � tba ntbut of a bond, rcccp zawc, of conditional uadataYinL wud #z7 of said cMccrs or the Bcmd of Dircctrm at arty tun+c may remove Any ru appointer cad rewire tha powtT tip him or ha. VOTED: Thu the Chsitsaaa, the Presid=4 any Vice Cbaimun, Lzy E=catire Vito President. Lay SczuQr Yux Prmid=s or nay Yicc Preside emy delegate all or say part of the fcMomg authority to me ar matt of itm or unpla)-cea of this C=P&ny, provided this each such &1,:pEan is writiat and a copy thcmof is filed is the office of the 8cactuy. VOTM Tbat any boast. rmrVi;==c, contrad of indemnity, or VKiting obligitosy is the nature of a bond. r�i�ancc, or cOnditioa' mdaWdn sb LU be valid tsad binding upon the Cozy ttea (a) signed by %c Preside any Vru Cbniunan, toy Exe=tr a VAc President, jr Semi at Vice President oc any V= Preoldcat;, any SecorA V'ue prudent, the TiUA=. any mmst=t Treasurer, the Cccpacate Seud"y or eT Assistant gees" and duly attested ar d sealed wi& the Company's ecal by a Seavury or is:L ^r Seattary, or (b) d* ==tcd (tea set , roquk4 by one or sswm Att=wys-ia Fset and A;mts pit to &a povAr prcsaoi ed is his or her ccr ificata or their eatifimtes of authority c by am or saute Ca srpany.otT=n parunmt to a wrium ddepdioa of utthnrit,'. This Pewer of Attorney lad Ce r ftk U of Authority Is nlpcd acid sealed by iacsim7e under and by authority of thefollOwl" Shading Resolution rated by the Boards of Dtrictors of TRAViEL&RS CASUALTY AND SURER COS ' O- AbI1rB,ICA9 TRAVEY.TM CJISUALTV AND SURM COMPANY and BARWNGTON CASUALTY COMPANY, vrbac Rmb:ticte Is now to hell force and effect: ro Vice Presidct, any Senior Yice Prwkkmt, say Yu YOrIF.D: UMthe sigaatura of adt of the iclia�wiaa nt5car Pccridrat; nay Ex,>Ui Wesidmt, stay Amstaat Vida President, ray Soc dry, any Arils= gwttwyand the «nl of t A Ccmpaay may be sfnx4d by Lcsimde to aL Po= of azt=ey a to may orrMSU telabal 6MV10 appvmtiag Raidrs¢ Via h=ideats, Residextt Assisinat Sarebaics or A0mng*4n•Fad f, purpoom ady *fc=utmg and attesd4 bonds and tmdatdaap and other wttsiap obWeay In ibe suttee t ==& and any such Paw= of at c= Or artidata beanoS atria Lcdmile s4pW= or hctEmile scal &hall be valid and bhuTM9 upon the Campaay and any Such Poaer so crud Ln ccrtidad by xwh fkc9mi3ek4pionx sad ficsbalk seal gvtt Ise Valid and binding upm dw Compdny in the ilt ire with respect to any band c ca&ztxjln& to which it is attacw Received lime Jun. 4. 10:41AW ence, i oF-2,._._ .r �.. r <.•_^_'J. 1 V JV t. ! I r O REN ON FIS W 425 1JV r L41 I Bt._ D TO THE CITY OF RE?`ITOI`I Bon, to . 103355463 KNOW ALL M•isN BY THEBB' PIISSENTS' Thas ws, the undersigned Kate an Iuc . Travelern Canualt.y and Surety corpomtioa organized and exisdng under as priacipa], nad Cornanv of America a surety corporation, and qualified under the an the liars of the Stag of Connecticut laws of the Statr of Washingto becorne suttcy upon bonds of concraotocs wttti muaia[pal tonmn pena corporations, as surety are jolatly and sevaslly held and which iu on�� hind ourrsel and our svtn of -__--- for the payment of whi suxessocs. heits, admffilvmton or person reprosccttativcs% as the cast may be, This obligation is catered into in Pursuance of tho stamus of the Smte of Washington. the Ordinance of the City of Rtnton. Dated at Washington, tlds 1t--day of 20Q I. Nevertheless, the eonditioas of the above obligation am sucks that: to Pccblic Works Construction Contract CAp providing f WHEREAS, under and ptmuantor " construction of out o W to s" do S u S c arcm t P o (project name) the principal is fegtclrcd to furnish it bot%d for the faithful performance of the coatract; and Wf•IFnAS, the principal has acccpte4 or is about to accept, the contract. and undertake co pcdform the- - vm& tt =tin provided for In the manner cad within rho time all of the provisions of 6aid coattact in th+c t forth: NOW, COKE, if &e principal ahaIl faithfully perf p tad under taanaer and within the time thcri*m set forth, or wain such cNtan5inaa o1' fime a9 may be all labor=%, mochanics, subconttactcrs WW material handling luen, and all said contract, and shall pay far the catrying _ persons who shall supply said principal or subeoaaWors with provisions and suppliesa occasioned to G9 on of said work, and Shall hold said City of Renton hatmlw from any loss or doted disci or ashy ny person or property by reason of any outle mess or negligence on the part of It n n MY subcontmcoor In fhc perfonnimee of mid work, and shall indesani y and hold the o eoa ton ar from front anY damage or by e�soa of failure of peffocmut ormed uada the defect s appearttt�g or dovelopkS is tha mammal or wctkz =ship Pc'°tlidod of P Conrad VAtfsia a getiad of oruc y r aftot its acceptance tharocf by the City of Reatnn, then and in d at evestt this obligation tbzlt be void; but otherwise It e1WI be and reaaaia in full fumc find e$rct Utapaa, Inc. Principal Signuure Travelers Casualty and Surety Company S o Co SiVimrt Julia M. Glover - Attorney-is-yAct* Tide Tick H:�DtVYSfoN.S�LtTit.ttl8.s�w�rE1t`RIcK�V���+mr o2��+�+� Pane a Roroiva� Tiro .Inn. d. .In- 1AU ocHietr_._.L— PA6E -' A OF-,�I- NOv.lo. LUUI IL I JIPM UJ r I L I t r 1r1SFD1`TRIBUh,1N Branch At== -sperson 302 115618 DAVE PRATT NO•UUU6 F • 3/ 1 1 Statenv--nt Date Pxxbc 11/16/2001 1 Remit w: USF Puyallup WA STATEMENT S FILTE14DISTRIBUTION GROUP (253)840-8558 PT PPJNT LOS ANGELES CA 90074-6214 Previous Balance 43 , 008 _ 97 Balance Due Payments .00 KATSPAN INC Purchases/Cr/Adj 29,695.00- ACCOUNTS PAYABLE Current Balance 13,313.97 13,313.9-, 6947 COAL CREEK PKWY SE # S-11 Thank You For The Opportunity To Serve Yot RENTON WA 9 8 0 5 9 - 313 6 We appreciate your prompt payment. Page S T A T E M E N T Date Type Inwicc; Purchase Omer 1-30 Days 31-60 Days 61-90 Days Over 90 Days JOB ==__=== 001-16 RENTO WTR/SWR 6/21/01 INV 7495096 12005/13510 520.8 6/21/01 INV 7495958 12005/13510 631.6 6/26/01 INV 7498897 12005/13510 516.6 6/28/01 INV 7512538 12005/13510 6,954.1 6/29/01 INV 7522003 12005/13510 986.3 6/29/01 INV 7525376 12005/13SIO 32S.0 6/29/01 INV 7526589 12005/13510 986.3 7/03/01 INV 7531190 1200S/13S10 40.2 7/05/01 INV 7533445 12005/13510 225.6 7/09/01 INV 7416163 12005/13510 801.7 7/09/01 INV 7541528 12005/13510 1,095.5 7/09/01 INV 7541737 12005/13510 282.5 7/11/01 INV 7346104 12005/13510 642.2 7/11/01 INV 7349157 12005/13510 2,180.6: 7/11/01 INV 7545404 12005/13510 218.7 7/11/01 INV 7547974 12005/13510 2,020.5- 7/12/01 INV 7552653 12005/13SIO 504.01 7/12/01 INV 7552740 12005/13510 9.2, 7/13/01 INV 75S7023 12005/13510 125.7, 7/16/01 INV 7550894 12005/13510 1,292.5: 7/20/01 INV 7583008 1200S/13510 592.7t 7/24/01 INV 7572443 12005/13510 390.61 8/10/01 INV 7330909 12005/13510 1,302.0( 9/28/01 S/C SC46785 320.16 10/26/01 S/C SC49429 339.69 11/01/01 C/M 7901998 12005/13510 3,414.16- 11/15/01 C/M 7939764 12005/13510 6,577.66- STOMER JOB TOTALS ------> 9,991.82- 339.69 320.16 22,645.9, CUSTOMER JOB BALANCE ---=> 13,313.9- Typesi CUSTOMER TOTALS 9 991.82- 339.69 320.16 22,645.94 INV-tnvakc CM-C.raHt Mcmo BALANCE 13,313.91 PAY -Payment DUE w w A W-AQjustmem S/C-Setvloe Clig 0002 a U��,L{�LtPrcompany PAGE_1_.._OF...L_ MdY•24 (UUi S IIrM UJ r I L I L r, iI _ J L, I r _ i U � a ' P.() Rtix I Zca itf'MUUt. VJA o371 9 r t ILILII-KXVL 253 OaPSSOS FAX 75.pRIn'lI?1 3. LEGAL NAME OF CUSTOMER A. MaNing Address . B. Physical Address C. City D. Stated Zip S. Tex Exempt _.. .-._ YES 6. Officers or Panners of Company A. President/Owner 8. Social Secutiry 0 7. Mdvfdual... _ Corporate Pannert)tlp 8, Insurance Agent Who Har4le3 Dondng For Company: 9, Anticlpeted Ordor $ __ .... __-- 10. Ust 3 Material Suppliers and at Least Ono Bank As References A. DATE CREDIT APPLICATION 1. BRANCH N0, 2. ACCT. MANAGER NO. 3. PROFILE 1 E. Cowly 4. PHONE. NO. A. FAX NO. NO TAX NO. (Tax will be charged until certificate tumisho C. Vice -President ---_--_-----_------..--_ _-... D. Secretary/Trcasuror ._ -- Pion: ( ) C. Phone �)__. --- Fax () _ Phurw Fax (� 0. _ ..... - — --------- Bar* Phone (._ j Fax Phone L-----) _-- 11. Spacial lnstrucui : _ YEFJIAS 100-^ hue net 30 daya xbi*a to oontirvAng approval or C-mdL In IIv everd aW+ourtt becomes past due 0mortwr agrees to "Y 10 rN ( service and handkrq char% t" at ttw foie of 1 1r2% (or to highest rate aaowat by ktw) d fro mpald belarxe each .,00 W dl Paid. Pkn art oum of oofecoon hckufrN roaaonabie eaorney fees. U.S. Faso 0kwbOM GWr W. eoera as 6taif n it kc' +Y:RO'N endbr WW W'ion er aedr. on to bafk a1 eee rr 4AW mftkr ream oobr, ftweRrva o iqK -49;w of 89- Sig mft" below v"les d k*WrA%w a be oorroet and hd�= d agroonwnt in accordance WA Temn t Com*ora w lonh above 8Y�/l 'I 8Y 1 r Witness Officer Partner GUARANTY N CONS*EAATION of tw Moon oft" to to above rwme appieanl, aw to kldvm tw salortsw of afoot tie urldersiprlod door hereby pore nW Qu*. Wioo 10 U.S. FX" DtttrRx W &w,4 ifwrodw caw Company) tw pmmo Oewwv, ""on, of ewrydain, ere& dwrpe, a000unt, o mawy"which may hereafter rise lntaw of ris Coetpartyagekw tw qo— t weed. This 4 a owWm kp prraratty and sr+wA MUM k1 Wol W4 NvOwd by nw by 00000 In wrltloq 10 fro Coetpa+y. W ouch rcroczpon � bo oftoctve 0* as 10 def4ss Of t10 tremor of ttnYCWM *itch charge acca+Wc, or aaneydue Quanm*d by ttia klarumem or estensione of fate wgrwd t m*oi, and"not be a5m6d by any scare Ww of release by Mee Cort"M Of any ot,er seaety hold by r W"ClW hWW livaraMOC Wffrwu CquaraWtor . . FOR CREWT DEPARTMENT USE: D L 8 Rating: --- _ . -- APPROVED 8Y:... - .. .. _ _—.— DATE:' TYPE 0123456789 STOCK CRENT L1M1T S- OOMMENTS:- A000UNT NO.. euyoes Nww: TAX CODE:._-._ - . -- _ Buyers Tedc TAtCIktn !`Afaf= 0*9 Tt41= W(—*M r1'Q WA PAGE ( _OF_�� MaY.(4. CUUi S. (rM U3 rILICr C. r u 1*1=RRM8 AND CONDITIONS HUYUk UMUERSTANDS ARE) AMEC:1THAT TKESF-TERMS SHALT_ SUPERSEDC ANYY1R&1S CONTAIN(D ON BUYERS - PIIFIGHASE ORDER on INsviumew suosTfrum) ivy rjuyFli. (?VOTA1LQN-a: Quotations are a propofil to runtish the materials Ii:;tcJ (herein. It is .iol 0iietlded as a iurnp•sum quotation, but is a proposal to soli our prexhu:ta at in(,, unit prim; as shuwn. Prices are 9LK)d for ten 00) day; from dato of quotation unless otllbtwis© spectficnlly noted. PRICES, PAYME T qNU LAI C CI,44(4GCS; ('rice s are f.O.li. point of shixnPnt. All freight charges are :iltyec t 10 payment by Btryer. if such costs are prepaid bry Seller. Elkiyer shaft reirnt)urSA Seller for such cuals. In addition. ati cosis and expenses, incurred in conoectiou with excess packaging shall be paid by CuyerPrices are sublact tc . iaNe without noiice. FUII psymeri of purchase price and otl>nr chirgec is riera within thirty (30) days after invoice date, If fuli payment is not rPr,Pi\•erJ oy Ifw applicable due (late, r3uyer noroas to pay Seller attorney's fees and outer cost of co)Iertion incurred by Sailor, and a mo:rhly latr charge equal to one And one-half percent (1.5%) nt all outstanding Amount.,. Guyer understands thnt Sipper may rchisa to -,Pit Any poOds . to Bitycr until overdue acmints are paid in full. Buyer shalt be leapruisiblc for the paygwnt of all taxes, duties, customs and other fecs u( any nature imp<Y,-ed relating to this trzinsaction, in tlro event Setter is required to repay any 6txh W100 1, GVyer will teirrlbur;e Seller imnw. lately. �REf7fi Af'PFtOVAL: Ali orders are 3objecl to approval Uf Buyer'h trPdit. If eiiyers credit is nn; ;:pproven by S(-,.liPr prior to shiptnrnt d the Goode, Seller r,ay require, in is sole 0if.r.retion, different terms of payrnerit froftl VK)sc specifier) in this; documont, IncFudie,g, withOul Ii rFi;aiion, i-aquiring (litynr to pay Seller cash uflon ejoli\,cry, or to retur(l the Goods to Seller at Buyer's expense. . It wilrlin the period statod in such de<nanJ Guyer fails or refuse: 10 avfee to etch diflerent tarrtt_s of p^ymor,: or rnfusw, to give . adaqualc assurance of due perlorman;;e, Seger may, at 4c nptictn, from such failure or refusal as a repo; "aliun d the portion of this agreemerit which has not haen (ugly partorrnr:d. OELIVEITY: Seller sha4 st-tip the Goads to the Icaatrurr deSi[JtlFtled by FstryAr via c :mmnrcial carrier rN private. d<Ilvery a( ihP . aarfo-M uvallable shiprriernt date. Shipping date& arc,. estimotod o0y. Changes in the shipping scit<:dule by Buyer may at Sellers' discretion result in -in incroasrl in rho purchnfc price of the Goods. Ire Evo<_ABILITY: t3:.ryoi acknatviedges that Selier may not have an hared in Saltrrrs open stock di of ih.e itrims purr,haced by Buyer and that Seller wi;l be rplyrQ on PtryriCs agreement to purchase suer items as a basis for Seller to eider uflu binding ggreement with <rther : for t:w delivery of such items. 80cause of Setters reliance, Buyer agrees that BUyer'f: ghiia-11ion l4 purchase tho Goods shall be unce-fidilionol and irrevorable. >3Vyer, cancorlalion or refusal to accept the Goods shrill be subject to such canceftation charges as Seller shall daterrninc is appropriAte, 1109"V10r with Such other rntltBdier; as nnay he provided herein and. urider applicable Law. ;iclrer will delcrmina acceht+bllitp Of P..eltrned Goods. Credit v,,ill be i,:—,ucd on F,csa;ablc Goods only. All returns are 5uhject to Ra stocking Ind t;aridtinq charge--. r4ON-GQrW0FU,tINQ.GQ0C!5i; [.eye' S1r211 rrptify $oiler in writing tuition ten (10) days after delivery of any nonconferminq Goods or any c!ainu steal( be deerned waived by 6oyer. The use or resale by Uuyer. of any Goods claimed to be n(x)cantorminLi or dcfl;.ien1 shall WnstihKP arx:eptan^a n1 such items by.Ouyer. boyAr :hcl! havA no d(it-A to withhold p.lyrnent (it lha ptrrchwcR prcF ,x to adjust the amour.t of the purchase price tx:cause of afly stril Glairn. fhe sole remedy of iriti Guyer shall be the rcpla0 rnen( or rcp0r try Seller, ai Sellers' option, of none, N)lormin<0 or defcienl pPmS- SGI.rIiMER ANA.1,1BsiI'"t~U_WARR6!-M-- All Goods sold by Softer amp warranted to bo iroe trorn dm(ects :ft material". and warkraanrttip,!o Itm exVint, In thr.. itkier and during the pe.od provi&4 In the appilcafjle express Warranty extended to S9&4 by the 111Eaituiacturer of such Goods, and to the extzilt SL-iler Is able to outs. -co such Manrriactutar's W>. ""Il'y. Sel<cr shall prtrride to Buyer A mp y of itra aprtrcabW (�prrms Warranty extended by 0iic'Maitufadurer of any iierns pvrcha-3od Itereunder upon written roquest. 1'lic loregoiritl Warrttnly Is in Neu of hind exclude+; all other Warmnties no( erpreixxfy Let forth heroin, whether eo,pte;.-- or irrplied by opemtion of Law ar oiherwice, Including but not limited to any Implied Warmnlfcs or MerChaA 1J*jty Or Illness; for a particular pugwsa. Seller must not be ftaUe Tor Incidental or t;Onvrquentlal Ions«-, damitges or axpAnscts d4rctfy or lndirecdy arisirig from ate stile, itandlirly w use of the qo<xIA, ar trim any other cause rwtatina thereto. Sellers Ifabittty hereunder in any case IG P,q+rp," Cttnited to the r0pf26ramant (in tho form originally shippedkof Goods rot conVlying with (hl$ agrewwni rw, at Senors election, to the repayment of, s:r croditlny Buyer with, An AmoW1t equal 0 the purchau pr1Ce of txfch Goodu. whether sudi claims we (er b F,a i ut Warranty or rt0ytiyt�tlC(r. Any cL'ifm by Buyer wkh rotenone to the Goods sold horatKider for any cause Omit be deemed wnl%*d by the Ett"r tutieoS r ebrNtiwd to Setlor in rvritinq within ten (10) days from tho date buyer diaoovered, or shotild have discovarnd, any claimed breach. ;SU681DIARY( Ar1f1 Af f=(UATC-S: This order may bo performed aria All rights herAttnclwr against Buyer may he enforced, in, , whoa or in part, by Srller of by As (Kirerd curperatkiin or tuty one or more subsidiary or cUlikato of Saltof. E4fk1-'C- 16A.WVAL; Seller t.1*1 riot be liable to Btr/ar'or any br> ad, heraurxtor, inckidrhg tar fallire to doiivor or ditlnyc In deMry. corselixfc on, cracxion, or martup. occaskxwd by crusas bayond the control W Saillar or Solie(6 suplrfiery ur xuboorntractv:s, inCi lid!ii Q, but rtrx KwAod to, unavallsbilfty a oxcosstvc coot cf nudurta a. hiriiros, labor slowdown "d sloppayes, tabor ct»+ta bs. kx oouts. fives, floods, eMhwukes, siorrns, dnx►gltt, advvrae weflther. plots, (both. acck11Qntts, ambarpOex, war (who'4her or not dotiared) or other outbreak of hor441es. civil Strife, Acts of 9overrmwortc, act= of God, acts of the public oncrny, unusually severe weather. rnadilnery breakdowrti, delay or txtavaMilfty of (:+aloft, or cupp{tors. shortages of labor, and grnrcmtnontal acts or reptttAtione, orrknr. or lgix>;Vorrs, or othctr macanrti whwthnr tsirnHar ar dfssknilat la the (OmWing (together a'Fom Maieuire Even('). In-*fdion, in the ovenl of a Forum Majoure Evont. (1) the time tot; Selltrs porforinancm shail tin reafonAMy extencWd. (4) Seller and Buyer shtelf tape reasottutjo(e f,," to adjust se alfe,.Ied slates in INN, Agreement and (Ui) an xdjttgtrtant In the pttre4ws?a price shall be m&de for the restiting uddltior►a( costs to Softer. QZMAL • Dt w shag "haw the fS(ftK to assign this agmeirnon>t without the vottttm consa+>a d 8e4ar whlCh, Soll VW wNthold In ka sotto and abwo4rte dionret om 11itis A9rotxnant "I ba Qovortwd try n»cf uoniStn"d fit acmes Wkh the spp>Icittble laws of the Mate of Shipper. P4oe*i9 c*ntitltied herein shag bo c rotrtmol so As to rttfVlre the commililittlion of any aots uoutnixy to law. This Agrees %nit reprape+its Ilse entir+s Agre4nwnt hetw6on Uru parting with rospoct to lire atrlb{ext f vdwr 66V iix o Ab ow. EXHIBIT C r %. n r- 11 n r- �i NOTICE OF CLAIM OF RETAINAGE LIEN AND AGAINST BOND To: City of Renton RE: Notice of Claim of Retainage Lien and Against Bond Project: City of Renton South Downtown Water Main and Storm Sewer Replacement - Phase I Prime Contractor: Katspan, Inc. Prime Contractor's Surety: Traveler's Casualty & Surety Company of America Bond No.: 103355963 Claimant: U.S. Filter Distribution Group, Inc. Our File: USF056 NOTICE IS HEREBY GIVEN that U.S. Filter Distribution Group, Inc. ("U.S. Filter") has a claim in the principal sum of Twenty Two Thousand Six Hundred Forty Five and 94/100 Dollars ($22,645.94*), against both the retained percentage taken from Katspan, Inc. ("Katspan") for the work on the City of Renton South Downtown Water Main and Storm Sewer Replacement - Phase I ("Project"), and against the bond taken from Katspan as principal and prime contractor and Traveler's Casualty & Surety Company of America, as surety, having Bond No. 103355963 ("Bond"). The name of Katspan's surety on this Project is Travelers Casualty & Surety Company of America. This notice also constitutes a claim against (1) any other payment bond, performance bond, or other bond provided by the prime contractor pursuant to RCW 39.08, and (2) any release of retention bond provided pursuant to RCW 60.28. EXHIBIT b PAGE OF= U.S. Filter furnished piping, fittings, valves and related materials beginning on or about March 15, 2001, and ending on or about August 9, 2001, at the request of Katspan, Inc. An invoice breakdown of U.S. Filter's claim is attached and incorporated herein as Exhibit "A". A copy of the Bond is attached and incorporated herein as Exhibit "B" . DATED this Y day of October, 2001. U.S. FILTER DISTRIBUTION GROUP, INC. P.O. Box 1264 Puyallup, WA 98371 By: Xlt� Bobbie Olinge Its: Credit Manager *Interest accrues on the principal amount of $22,645.94 at the rate of eighteen percent (18 %) per annum from September 28, 2001, until paid, together with the sum of $320.16 as interest accrued prior to September 28, 2001. cc: Katspan, Inc. w/enc. by certified mail Traveler's Casualty & Surety Company of America w/enc. by certified mail EXHIBIT h PAGEOF USFDISTRIBU7, -N Branch I Acoount 302 1 115G18 Salespc.•r!an SN'tement Date Page DAVE PRATT 10/01/2001 1 USr' - Puyallup WA Remit to: (253) 840 8558 STATEMENT FUS FLTERILEI56214DISTRIBUTION GROUP UPPJN7 LOS ANGELES CA 90074-6214 KATSPAN INC ACCOUNTS PAYABLE 6947 COAL CREEK PKWY SE 0 S-11 RENTON WA 98059-3136 Datc Typc Invoice Purchase Order JOB ======= 6/21/01 INV 7495096 12005/13510 6/21/01 INV '1495958 12005/13510 6/26/01 INV 7498897 12005/13.530 S 6/26/01 INV 7512538 1200S/3.3510 G/29/01 INV 7522003 12005/13510 T 6/29/01 INV 7525376 12005/13510 6/29/01 INV 7526569 12005/13510 7/03/01 INV VS31190 12005/13510 A 7/05/01 INV 7533445 12005/13S10 7/09/01 INV 7416163 12005/13S1.0 7/09/01. INV 7541528 12005/13510 1/09/01. INV 7541737 12005/13510 E 7/11/01 INV 7348104 1,2005/13510 7/11/01 INV 734915.7 12005/13510 7/11101 INV 7545404 12005/13510 7/11/01 INV 7547974 1200S/13510 `7/12/01 7/12/01 INV INV 7552653 7SS2740 12005/13510 1.2005/13510 7/13/01 INV 7557023 12005/13510 N 7/16/01 INV 7550894 12005/1351.0 7/20/01 INV 7583006 12005/13510 T 7/24/01. INV 7572443 12005/13510 8/10/01 INV 7330909 12005/1.3S10 9/28/01 SIC SC-46785 S OMER JOB TOTALS Typaai INV. Iuvokc CM-Cccda Mttw PAY41aymcnt AUJ-Adjukancnr S/CScrviec C1u CUSTOMER TOTALS Previous Balance 255, 039.15 Balance Due Paymente .00 Purchasns/Cr/Adj 232,073.05- Current:. Balance 22,966.10 22,966.10 71tank You Por The Opportunity To Serve You We appreciate your prompt Payment. 1-30 Days 31-60 Days G1-90 Uays Over 90 Days 2001-16 Rpxrotj FYPR/SWR 320.16 320.16 .00 CUSTOMER JOB LANCE -- 320.16 1 520.80 631.61 516.88 E , 954.1'/ 986.33 325.00 986.33 40.21 225.68 801.76 1,095.59 282.51 F;42.27 2,180.62 218.71 2,020.59 504.00 9.24 125.76 1,292.51 592.78 390.60 1,302.00 1,302.00 21,343.94 22,966.10 I IXHIBIT J PAGE OF � 1,302.00 1 21,343.94 BALANCE 2?,J66.10 DUE ■n> A [ / i 7 Pipit! nmm"unv •' 1 OF PENTON PBPW 42S 241 B, D TO TITE CITY OF RENTON Bon 10. 103355963 . ,J3 KNOW ALL J CW BY T'FMss PnSENTS' Thal wr, the undersigned Kat B an Ire . Travelers CAnuAlty and Surety corporation orgnniz d and exitdng under as priacipal, rued Com an o America ty ration. and qualified undet the the laws of the State of Connecticut: upon �bonds of concr�tors with muaiolpal laws of the State of Washingwn to become surety' 11ws ttiohe as surety ate jointly and sevctally held sad firmly botmd to the City of Renton in the penal corpsum of bns ooS nn______ far the payment of which sum on d=and ym bind oursvlves and our. ccssors, heim administrators or person represmutives, as the cast may be. � This obli&n don is entered ir►to in pumunQco of the statues of the State of Washington. the Ordimtmoe of the City of Rtnton- Wash] rids ____—L _ day of 200 I. Dated at �°n, Ncvrrtheless, the conditions of the above obligation are such that: WHEREAS, under and pursuantta Public blocks Construcrioa t^,ont7act G. _ providing for Son powritOWn waist• Math dt Sto1'm S�wef�nl�m t P o eonstruction of So . (project name) AAe principal is Featured to furnish .a both for the faithful puforrrtancc of the contract; and l W.MEAS, the principal has accept4 or is about to accept, the contrac% and undertake to perform the_ _ work ttiucin provided for to the =asnncr sad within tfie timeset forth'. of rovisioas of 6aid contract in the NOW, T OR& if the principal shaIl fatthfuUy pctf p iocra or as may be II»ntad under manner and within the time therein set forth, or within such elcvrsns said coatmot, and ihall pay all laberaa, m°chaaics, subcontractors astd material handling ruen, and all persons who shall supply said principal or subeoattwors with previsions and supplies for the carrying _ on of said work. and than hold said City of Renton harmless from any loss or damage occasioned to any parson or pmperty by ressoa of any carclessness or negligence on the part of said principal, or any subcontractor In the performance of said work, and shall indemn* and hold the City of Renton hs.rmlass froth any dainage or ccpcnse by reason of failure of pafotmtuoe as specified in the contract or from dcfcctsc appearing or dovdioping iia the ruSWW or wcticmaaship provided or performed utida the contract vvithia i period of ow year after its aeoeptance thereof by �c t:%itY of Keaton, rhea and in utter event this oblieation sbail be void; but otherwise It altall be and rain is M1 fb(Oe and cffect T.atapan, Tmc . Principal Sigtts.w�e Travelers Casualty and Surety Coutpaay S o ce S' re Julia M. Glover Attorney-in-Fnct'w Title Title EXHIBIT t.%Dtvrscart.s\era.ME.Zwn.TMvuCMwnuAWvnM*ms 02\SP.c► +bidpa LDOC AGE OF -� RoroivoA Tiro .lun. /.-1n:17At1 EMBIT P �v.. v-. cwl lv•.... .. i i (_IF RENTON PBPW 425 v.�v �241 r TRAVY ` -US CASUALTY AND SMUTY COMYAS Y U lm r L" ,AVEI..iGfiS CASUALTY AND St7RB.TY COBU Y FARBMGTON CASUALTY COMPANY Hartford, Connatticat OC83-9062 POWER OF ATTORNrY AND MTMCAT$ OF AUTHORITY OF ATTOIMV(S)- FACT KNOW ALL PERSONS BY THLSY. PRYSLYM, THAT TRAVXLER.S CASUALTY AND SURETY COMPANY OF AMR " TRAVEL&RS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporitiona duly organized under the lac, of the Stair of Cam=dcu4 and having thdr Prt=tAl maces in tba City of Hattfard, Co M of Hartford, Stu' of Cennectical, (hert5nattrr the `Comps kes hath made, eoasdtm =nd ttppaiatcd, and do by these pr=r =21m, coast[u a and appci= Clady L Vi uUts, Dad =c Jskid" Julk M. Glover, MJ. Cotton, lurk A. Jenks, id o Amundsen, Nsnq J. Osborne, SJhL Scott, Steven K Bush, Michstt A. Murphy, Jim W. Doyle, of BoWeA, Washington, thdc true and lrtwfnl Atwrney(s)in-Fact. with full power and attthadty hctt:by eorti=cd to nm executo and admawledge, ai say place within the United Statcs, the foUming insm=cat(s). by hl&jxa tole die ;nd sd, any and all banruoo inn contracts cf isidemnity. and other writings obligatory in the natare of a bond, =cnizancc, ods, r conditional undatgking and any and & roman incldrat thercto and to bind the Compsmici, thereby its fully std to the wain c�d= as if the aatne wtzro aig"l by Elm &V authorized cMcm of the Copnirs, ftnd all the acts cf raid Ariaaury(8)-In-Fact pursuant to tbt mrthority hertia pmn, nn b=by radfi;d andYaafirascd. This sppoj=cm U,made under sn,d by Ert xdry of the following Standing RLsoitztions of aid Companies, wbich Resolutions are sow Ia full broo W tlkct: VOTEa That the Chxu=m, the Prmdcmt, any V= Chairr a cry Fxeardm Vice Prtsideat, say Senior Yhcc Pr=dcut. my � President azy Sa=d Viec President, tt= Tressurrs, ray AtsistRat Treasurer, the Carporam Sartiari or &ty A.sdsrani Shy m&Y qTaid Aftotncys-ia-Fact and AScaU to act Lae and on bchatf of the o a pray sad may jive i wh gTninf" each authority ct his or her cez fictta of via=ity my presmhe to sign with tit Comgemy's name and "rich the Company a sent boasts, r=VL-%z=. contracts of inMeuraity, KW other witting, obligatoty in the nature of a boast rewpizence, or conditional undaWdnL and Rr7 of said cMcers or the Board of Durctara at any time may Y=avo say fuel tppoiatne end m-m1ce the power gig him oc ha. VOTED: Thst the ChLu aan, the Prezdeat euy Vice Chaff=act, toy Exec== Yco Premdeat, any Senior V= Pre idcnt or fay Vicc Pruidrst nay ddegite ell or anyW of the f-maing authority to aaa of matt: otTwn or emplaycccs of this Camay, ptmvided thus ewl vich ddegaa is iu'Wd&g sad a copy tharof is filed la cbe office of the Shy. VOTM That any b=A. rcrvtgil=we, cunhad of Wdeamity, or writing obUptmy in the nature of a brad, reODVII� or c0ndidoaal =& rtlk i aball be valid aid binding upon the Ccmpmy * t m (a) signed by the htsidcat say V= Cbaii n aay ExecutNt Yiee Pretidtnt -Y Senior Vice PraiA-v or Amy V,ce President, Ray Second V= Pecsidcat, the T=mmcr. my A=st=t TrYasrtra, the CmTa - e Seactuy or Pry Anil ScaetNty and duly attcehed and sealed with &a Compsay't teal by a SwretttY or Assistant Secretary, or (b) dY cx="cd (under sat t( required) by one or mote Attamcj%-W4a9 sad Assure piaw=t to thn power Sr sazbed is his or ha catificata or their crrtificata of aufhacity or by ace or snore Caatpany oM=rz pm =cot to a w ittm ddagxdc n of nsth,atity. This Power of Attorney tad GerdGmte of AtrthorUy h Riypcd Rctd eaaIcd by facJimrZe under and by aathority of the follawing Shading Resolution voted by the Boards of biredors of TRAV1 JJ= CASUALTY AND SURETY COMPANY OF . AM=C44 TRAVELERS CASUALTY AND SURETY COMPANY and FARbnNGTON CASUALTY COMPANY, vrhich Rmtutiam is now In toll force and erfeet: V01ED: Tact the sigaozm of each of the fnllovri cmcrcr Prat, M Fxccmdra Vice President, mY S=cr Yuc Prtsidemt, say YuQ Ycatldeat, say Amstmi We Prmdcat, my Secrdary. 01 Assistrat SwaWy. and dw srel Of the C=Pmy mq be &Mx63 by to 81� pcmw of attotary cc to Ray emectts rrlatias ti a -do appaiarmg Rcsidazt V3oc Pre:Admis. Resident Assisi Scaeblacl ar Ada -Farr fas pmpoom c4y a(c=uting and RtxatWg bm& sad cadataidap and od a imp obligatory is the na= d ==& sad any suct power of attamci a catEatt beau` axh fscsirmilc des zu= cr sal shall be valid snd W dim upm the Cnmpasty sod lmy such Po%'m to acccd cot c=ti d by such ticsimile tipuWrtt; anti &4stmU seal tlnrll lsc'nl;d erd biadina ttpatt the Company in the >lht= eridh tmpcd to ersy bond a tmdatddra to 'Which it is attached EXHIBIT h PAGE _OF EXHIBIT PA _OF.�_.. Received Time Jun. 4. 10:47AM IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING Plaintiff(s), ORDER SETTING CIVIL CASE SCHEDULE vs. ASSIGNED JUDGE: MICHAEL J. HEAVEY TRIAL DATE: Mon 6/23103 Defendant(s). I (-ORSCS) On Fri 2/01/02, a civil case has been filed in the King County Superior Court and will be managed by the Case Schedule on Page 3 as ordered by the King County Superior Court Presiding Judge. I. NOTICES NOTICE TO PLAINTIFF: The Plaintiff may serve a copy of this Order Setting Case Schedule (Schedule) on the Defendant(s) along with the Summons and Complaint/Petition. Otherwise, the Plaintiff shall serve the Schedule on the Defendant(s) within 10 days after the later of: (1) the filing of the Summons and Complain tlPetition or (2) service of the Defendant's first response to the Complaint/Petition, whether that response is a Notice of Appearance, a response, or a Civil Rule 12 (CR 12) motion. The Schedule may be served by regular mail, with proof of mailing to be filed promptly in the form required by Civil Rule 5 (CR 5). "I understand that I am required to give a copy of these docq ents to all parties in this case." Douglas R. Hookland ' - D Print Name Sign 2Name ORDER SETTING CIVIL CASE SCHEDULE RECEIV yD In NIQ C-Inty Ana: N;;ry c i1WA bmst Cashi,@r t Revised August 2DO1 I. NOTICES (continued) NOTICE TO ALL PARTIES: All attorneys and parties should make themselves familiar with the King County Local Rules [KCLR] -- especially those referred to in this Schedule. In order to comply with the Schedule, it will be necessary for attorneys and parties to pursue their cases vigorously from the day the case is filed. For example, discovery must be undertaken promptly in order to comply with the deadlines for joining additional parties, claims, and defenses, for disclosing possible witnesses [See KCLR 26], and for meeting the discovery cutoff date [See KCLR 37(g)]. SHOW CAUSE HEARINGS FOR CIVIL CASES [King County Local Rule 4(g)] A Show Cause Hearing will be held before the assigned judge if the case is not at issue. The Order to Show Cause will be mailed to all parties by the Judicial Assistant of the assigned judge. The parties or counsel are required to attend. PENDING DUE DATES CANCELED BY FILING PAPERS THAT RESOLVE THE CASE: When a final decree, judgment, or order of dismissal of all parties and claims is filed with the Superior Court Clerk's Office, and a courtesy copy delivered to the assigned judge, all pending due dates in this Schedule are automatically canceled, including the scheduled Trial Date. It is the responsibility of the parties to 1) file such dispositive documents within 45 days of the resolution of the case, and 2) strike any pending motions by notifying the bailiff to the assigned judge. Parties may also authorize the Superior Court to strike all pending due dates and the Trial Date by filing a Notice of Settlement pursuant to KCLR 41, and forwarding a courtesy copy to the assigned judge. If a final decree, judgment or order of dismissal of all parties and claims is not filed by 45 days after a Notice of Settlement, the case may be dismissed with notice. If you miss your scheduled Trial Date, the Superior Court Clerk is authorized by KCLR 41(b)(2)(A) to present an Order of Dismissal, without notice, for failure to appear at the scheduled Trial Date. NOTICES OF APPEARANCE OR WITHDRAWAL AND ADDRESS CHANGES: All parties to this action must keep the court informed of their addresses. When a Notice of Appearance/Withdrawal or Notice of Change of Address is filed with the Superior Court Clerk's Office, parties must provide the assigned judge with a courtesy copy. ARBITRATION FILING AND TRIAL DE NOVO POST ARBITRATION FEE: A Statement of Arbitrability must be filed by the deadline on the schedule if the case is subject to mandatory arbitration and is at issue. If mandatory arbitration is required after the deadline, parties must obtain an order from the assigned judge transferring the case to arbitration. Any party filing a Statement must pay a $120 arbitration fee. If a party seeks a trial de novo when an arbitration award is appealed, a fee of $250 and the request for trial de novo must be filed with the Clerk's Office Cashiers. NOTICE OF NON-COMPLIANCE FEES: All parties will be assessed a fee authorized by King County Code 4.71.050 whenever the Superior Court Clerk must send notice of non-compliance of schedule requirements and/or Local Rule 41. ORDER SETTING CIVIL CASE SCHEDULE Revised August 2001 II. CASE SCHEDULE CASE EVENT DEADLINE or EVENT DATE Case Filed and Schedule Issued Fri 2/01/02 ---------------------------------------------------------------------------------------------- ✓ Confirmation of Service [See KCLR 4.1] Fri 3/01/02 ---------------------------------------------------------------------------------------------- ✓ Statement of Arbitrability [See KCLMAR 2.1(a)] Fri 7/12/02 $120 arbitration fee must be paid --------------------- -------------------------------------------------------------- DEADLINE for Hearing Motions to Change Case Assignment Area [KCLR 82(e)] Fri 7/26/02 ---------------------------------------------------------------------------------------------- DEADLINE for Disclosure of Possible Primary Witnesses [See KCLR 26(b)] Tue 1/21/03 ---------------------------------------------------------------------------------------------- ✓ Joint Pretrial Report [See attached order] ---------------------------------------------------------------------------------------------- DEADLINE for Disclosure of Possible Rebuttal Witnesses [See KCLR 26(c)] Mon 3/03/03 ---------------------------------------------------------------------------------------------- ✓ Jury Demand [See KCLR 38(b)(2)] Mon 3/17/03 ---------------------------------------------------------------------------------------------- DEADLINE for a Change in Trial Date [See KCLR 40(e)(2)] Mon 3/17/03 ---------------------------------------------------------------------------------------------- DEADLINE: Discovery Cutoff [See KCLR 37(g)] Mon 5/05/03 ---------------------------------------------------------------------------------------------- DEADLINE: Exchange Witness & Exhibit Lists & Documentary Exhibits Mon 6/02/03 [KCLR 16(a)(3)] ---------------------------------------------------------------------------------------------- DEADLINE for Hearing Dispositive Pretrial Motions [See KCLR 56; CR 56] Mon 6/09/03 --------------------------------------------- -------------- DEADLINE to Comply with Settlement Conference Requirement [See attached Order] ---------------------------------------------------------------------------------------------- ✓ Joint Statement of Evidence [See KCLR 16(a)(4)] Mon 6/16/03 ---------------------------------------------------------------------------------------------- Trial Date [See KCLR 40] Mon 6/23/03 ✓ Indicates a document that must be filed with the Superior Court Clerk's Office by the date shown. III. ORDER Pursuant to King County Local Rule 4 [KCLR 4], IT IS ORDERED that the parties shall comply.with the schedule listed above. Penalties, including but not limited to sanctions set forth in Local Rule 4(g) and Rule 37 of the Superior Court Civil Rules, may be imposed for non-compliance. It is FURTHER ORDERED that the party filing this action must serve this Order Setting Civil Case Schedule and attachment on all other parties. DATED: 2/01/2002 ORDER SETTING CIVIL CASE SCHEDULE Revised August 2001 IV. ORDER ON ASSIGNMENT TO INDIVIDUAL CALENDAR READ THIS ORDER PRIOR TO CONTACTING YOUR ASSIGNED JUDGE This case has been assigned to the Individual Calendar (I.C.) Judge whose name appears in the caption of this Schedule. The I.C. Judge will preside over and manage this case and will conduct trials, motions, and conferences in this matter until completion of all issues. COMPLEX LITIGATION: If you anticipate an unusually complex or lengthy trial, please notify the assigned court as soon as possible. The following procedures hereafter apply to the processing of this case: Applicable Rules: Except as specifically modified below, all the provisions of KCLR 4-26 shall apply to the processing of civil cases before.l.C_. Judges_ I.C. Schedule and Requirements: A. Trial: Trial is confirmed for 9:00 a.m. on the date on the Schedule_ The Friday before trial, the assigned court will contact the parties to determine the status of the case and inform the parties of any adjustments to the Trial Date. B. Joint Status Report: 120 days before the Trial Date, parties shall prepare and file, with a copy to the assigned judge, a joint status report setting forth the nature of the case, whether a jury demand has been filed, the expected duration of the trial, the status of discovery, the need to amend pleadings or add parties, whether a settlement conference has been scheduled, special problems, etc. Plaintiff's/Petitioner's counsel is responsible for proposing and contacting the other parties regarding said report. C. Pretrial Conference: A pretrial conference will be scheduled by the assigned judge. Approximately thirty (30) days before the conference, you will receive an Order Setting Pretrial Conference that will set the specific date and time for the conference. The conference will be held in the courtroom of the assigned judge, and the following nonexclusive list of matters will be addressed at that time: 1) Status of settlement discussions; 2) Jury trial -- selection and number of jurors; 3) Potential evidentiary problems; 4) Potential motions in limine; 5) Use of depositions; 6) Deadlines for nondispositive motions; 7) Procedures to be followed with respect to exhibits; 8) Witnesses -- identity, number, testimony; 9) Special needs (e.g. interpreters, equipment); 10) Trial submissions, such as briefs, Joint Statement of Evidence, jury instructions, voir dire questions, etc. 11) Receipt of Public Assistance Payments (Domestic Cases) -- If any party is on public Assistance, notify the Prosecutor's Office of this proceeding now at 296-9020. D. Settlement/Mediation/ADR: 1) 45 days before the Trial Date, counsel for plaintiff shall submit a written settlement demand. Ten (10) days after receiving plaintifFs written demand, counsel for defendant shall respond (with a counteroffer, if appropriate). 2) 30 days before the Trial Date, a settlement/mediation/ADR conference shall have been held. FAILURE TO COMPLY WITH THIS SETTLEMENT CONFERENCE REQUIREMENT MAY RESULT IN SANCTIONS. 3) 20 days before the Trial Date, counsel for plaintiff shall advise the assigned judge of the progress of the settlement process. SEE NEXT PAGE I.C. Motions Procedures: A. Noting of Motions 1) Dispositive Motions: All Summary Judgment or other motions that dispose of the case in whole or in part will be heard with oral argument before the assigned judge. The moving party must arrange with the bailiff a date and time for the hearing, consistent with the court rules. 2) Nondispositive Motions: These motions, which include discovery motions, will be ruled on by the assigned judge without oral argument, unless otherwise ordered. All such motions must be noted for a date by which the ruling is requested; this date must likewise conform to the applicable notice requirements. Rather than noting a time of day, the Note for Motion should state "Without Oral Argument." 3) Motions in Family Law Cases: Discovery motions to compel, motions in limine and motions relating to trial dates shall be brought before the assigned judge. All other motions should be noted and heard on the Family Law Motions Calendar. 4) Emergency Motions: Emergency motions will be allowed only upon entry of an Order Shortening Time. However, emergency discovery disputes may be addressed by telephone call, and without written motion, if the judge approves. B. Filing of Papers All original papers must be filed with the Clerk's Office on the 6th floor. The working copies of all papers in support or opposition must be marked on the upper right corner of the first page with the date of consideration or hearing and the name of the assigned judge. The assigned judge's working copy must be delivered to his/her courtroom or to the judges' mailroom. Do not file working copies with the Motions Coordinator, except those motions to be heard on the Family Law Motions Calendar, in which case the working copies should be filed with the Family Law Motions Coordinator. 1) Original Proposed Order: Each of the parties must include in the materials submitted on any motion an original proposed order sustaining his/her side of the argument. Should any party desire a copy of the order as signed and filed by the judge, a preaddressed, stamped envelope shall accompany the proposed order. 2) Presentation of Orders: All orders, agreed or otherwise, must be presented to the assigned judge. If that judge is absent, contact the assigned court for further instructions. If another judge enters an order on the case, counsel is responsible for providing the assigned judge with a copy. Proposed orders finalizing settlement and/or dismissal by agreement of all parties shall be presented to the assigned judge or in the Ex Parte Department. Formal Proof in Family Law cases must be scheduled before the assigned judge by contacting the bailiff, or Formal Proof may be entered in the Ex Parte Department. If final orders and/or Formal Proof are entered in the Ex Parte Department, counsel is responsible for providing the assigned judge with a copy. C. Form: Memoranda/briefs for matters heard by the assigned judge may not exceed 24 pages for dispositive motions and 12 pages for nondispositive motions, unless the assigned judge permits over -length memorandalbriefs in advance of filing. Over -length memoranda/briefs and motions supported by such memoranda/briefs may be stricken. IT IS SO ORDERED. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS ORDER MAY RESULT IN DISMISSAL OR OTHER SANCTIONS. PLAINTIFF/PETITIONER SHALL FORWARD A COPY OF THIS ORDER AS SOON AS PRACTICABLE TO ANY PARTY WHO HAS NOT RECEIVED THIS ORDER. 1 revised 1/10/2000 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: June 14, 2001 TO: Tracy Forler, Finance FROM: Rick Moreno, Water Utility O'k SUBJECT: Kaspan, Inc. Progress Payments bf The City Attorney has approved payment to the surety company in lieu Katspan. Please be sure to deduct $16,734.90 for claims pending with the city from this pay estimate. The revised pay estimate #3 reflects this. I have attached the letters with the surety company and the approval of Katspan to assign all future payment to Travelers Casualty and Surety Company. cc: Allen Quynn DocumenMrlm c. CITY OF RENTON '..�t PlanningBuilding/Public Works Department Jesse Tanner, Mayor Gregg Zimmerman P.E., Administrator June 13, 2001 Gerald Ormiston, Bond Claims Manager Travelers Casualty & Surety Company 3455 South 344th Way, Ste. 200 Auburn, WA 98001 SUBJECT: RETAINAGE WITHOLDING FOR KATSPAN PROJECT, CAG-01-008 Dear Gerry: The City of Renton will issue future progress payments for the subject contract with Katspan, Inc. to Travelers Casualty & Surety Company of America, as directed by your request dated June 8, 2001, and the assignment of funds signed by Katspan, Inc. on June 8, 2001. In our next payment check, the City will withhold additional retainage, over and above the required 5% minimum, in the amount of $16,734.90 to cover two outstanding claims filed by The Fleur Company and Cascade Sawing and Drilling. Copies of these claims are attached. The City will issue a payment check in the amount of $ 109,042.07 on June 19, 2001. A copy of the pay estimate is enclosed. The additional retainage will be released to your company upon our receipt of release of claims from the above claimants. If you have any questions regarding this matter, please call me at (425) 430-7208- Sincerely, Rick Moreno Project Manager Attachments cc: Abdoul Gafour Ron Straka Allen Quynn Tracy Forler S\D0CS\2001 \2001-347.doc\RLM:lf 1055 South Grady Way - Renton, Washington 98055 ® This paper contains 50 % recycled material, 20 % post consumer . .�t MAL Jesse e Tanner, I MEMORANDUM CITY OF RENTON To: Abdoul Gafour From: Lawrence J. Warren, City Attorney Date: June 11, 2001 Subject: Payment for Construction Contract with Katspan Inc. Office of the City Attorney Lawrence J. Warren RECEIVED JUN 12 2001 CUTTILITY SYSOF TEMS EMS The City may make progress payments directly to the contractor's bonding company pursuant to the assignment by the contractor . to the surety. The City may withhold from the payment liquidated damages owing to the City and amounts owing for wages, or to subcontractors or materialmen. If the bonding company shows proof of payment then we may release the extra retainage to it. We should try and coordinate payments with the bonding company as much as possible. LJW:tmj cc: Lys Hornsby Gregg Zimmerman Jay Covington Mike Webby Lawrence J. Warr n Post Office Box 626 - 100 S 2nd Street - Renton, Washington 98057 - (425) 255-8678 MThis paper Contains 5n% rp.r.—I A mnto.:�i o / ..,.... - LETTER SENT CERTIFIED RETURN RECEIPT REQUESTED June 7, 2001 City of Renton Attn: Abdoul Gafour Renton City Hall 1055 S. Grady Way Renton, WA 98055 Principal: Travelers File No. Bond No.: Project: Dear Mr. Gafour: Katspan, Inc.. 685764 103355963 City of Renton South Downtown Water Main & Storm Sewer Replacement — Phase 1 You are hereby requested to mail to the undersigned, in care of: Kevin L. Lybeck Travelers Casualty & Surety Company of America 3455 S. 344`h Way, Suite 200 Auburn, WA 98001 all checks or vouchers made payable to the order of the undersigned for any further payments due on the above described contracts. This direction is irrevocable in -accordance with our agreement covering certain arrangements and forbearance made between the undersigned and Travelers Casualty and Surety Company of America. Please, therefore, do not permit any change or deviation from the above direction unless you receive the proper written consent to any suggested change from Travelers Casualty & Surety Company of America. Sincerely, Katspan, Inc. ,4`,640/ Rane Lottinville, President cc: Travelers Casualty and Surety Company of America — Kevin Lybeck Katspan 0 nc ■, 13221 NE 126th Place, Kirkland, WA 98034 • (425) 821-5619 9 Fax: (425) 821-5209 • KATSPI 012NA ASSIGNMENT FOR VALUE RECEIVED, the undersigned, Katspan, Inc. hereinafter called Assignor, hereby assigns, transfers and sets over to the Travelers Casualty and Surety Company of America, hereinafter called SURETY, all Contract Funds of any nature, including, but not limited to, progress payments, earned or unearned funds, change orders, extras, claims of any nature, retainages, whether held in escrow accounts, Certificates of Deposit, or similar accounts or instruments, with all the interest accruing thereon, and whether said Contract Funds are due now or in the future under the following described contract: Bond No.: 103355963 Travelers No.: 685764 Project: City of Renton South Replacement — Phase I Obligee: City of Renton Downtown Water Main & Sorm Sewer Assignor hereby constitutes and appoints the SURETY its true, lawful and irrevocable attorney -in -fact to demand, receive and enforce payments, to execute estimates, final payments, payment warrants, vouchers, drafts, and/or checks, and to give receipts, releases of any nature, satisfactions for, and to sue for all Contract Funds payable to the Assignor and this may be done either in the name of the Assignor or in the name of the SURETY with the same force and effect as the Assignor could do if this assignment had not been made. Any and all moneys or payments which may be received by the Assignor to which the SURETY is entitled under and by reason of this Assignment will be received by Assignor as trustee for the SURETY and will be immediately delivered in kind to SURETY without commingling. Assignor hereby represents and warrants to the SURETY that the moneys above have not heretofore been alienated or assigned. This Assignment is irrevocable and shall remain in full force and effect until its release in writing by SURETY. Notice of this Assignment may be given at the option of the SURETY. That the general nature of the business out of which such accounts arise or are to arise is and such business is or will be carried on out in King County Washington. This Assignment and all related documents are in furtherance of the SURETY'S right of subrogation and General Agreement of Indemnity and not in derogation thereof. IN WITNESS WHEREOF, the Assignor has caused its name to be subscribed hereto this day of Y N 12001. Katspan, Inc. Rane Lottinville Titled/<s _ ' PA ' If SUBSCRIBED AND SWORN to before me this 8 day of , 200 = �►�'..`' ON �� Notary bli for g - Residing a , ''., �► - _ 12A3= ' �O My Commission ExpiA;,,..�� 4OFWASN Receipt of the Assignment and a copy thereof are hereby acknowledged. These were rl'ba wZ an-- 1 o w 6 1 2001. OBLIGEE Awn 1,J/6wV By: Title. Gt'� ( 151 J U'� (' ► 5 / 2001 Y 4 • Traveler's`' 3455 South 344t° Way, Ste. 200 Auburn, WA 98001 As administrator for Reliance Surety June 8, 2001 City of Renton Renton City Hall 1055 South Grady Way Renton, WA 98055 Attn.: Abdoul Gafour Re: Our File No.: Bond No.: Principal: Obligee: Project: Dear Mr. Gafour: Gerald M. Ormiston Bond Claim Manager Travelers Bond Phone:253-946-7393 Fax: 253-946-7156 E-mail: Gerald. Ormiston@travelers.com RECEI E ' J U N 11 3 '2 ,;., �vt CITY OF RENTOf\: UTILITY SYSTFMS Travelers Casualty & Surety Company of America 685763 103574771 Katspan, Inc. City of Renton City of Renton South Downtown Water Main and Storm Sewer Replacement - Phase I Enclosed is a letter from our Principal, Katspan, Inc. directing you to forward all further payments on the above project directly to Travelers in care of the undersigned. Also enclosed is an Assignment which has been executed by Katspan, Inc. and which requires the signature of an authorized representative of the City of Renton. Please have the Assignment properly executed and return it to me at your earliest convenience. Thank you for your assistance. Please call me if you have any questions. Sincerely, Gerald M. Ormiston Bond Claims Manager Bond Claims Department GMO/pc Enclosure SAdaitns2\Gerry\KatspanlCity of Renton\City of Renton June8.doc ..r.. Travelers' 3455 South 340 Way, Ste. 200 Auburn, WA 98001 As administrator for Reliance Surety June 13, 2001 City of Renton Planning/Building/Public Works Renton City Hall Utility Systems — 5°i Floor 1055 South Grady Way Renton, WA 98055 Attn.: Rick Moreno Gerald M. Ormiston Bond Claim Manager Travelers Bond Phone: 253-946-7393 Fax: 253-946-7156 E-mail: Gerald. Or7niston@iravelers.com RECEIVE,) JUN IS 2001 CITY OF FiCNTpti, OT/L fT y SYSTEMS Re: Travelers Casualty & Surety Company of America Our File No.: 685763 Bond No.: 103574771 Principal: Katspan, Inc. Obligee: City of Renton Project: City of Renton South Downtown Water Main and Storm Sewer Replacement — Phase I, CAG 01-008 Dear Mr. Moi erio: I am responding to your letter of June 4, 2001, to Katspan, Inc., our principal. As you are aware, our company provided Performance and Payment bonds for the project. We will be assisting Katspan, Inc. with financing to complete the project. I assume that this satisfies your request for "adequate assurance of future performances". As I advised you during our telephone conversation, our Consultant, Gary Shevik will be meeting with the Katspan, Inc. superintendent, Ray Elder on Monday, June 18, 2001 to review the status of the project. It is our expectation that Mr. Elder and Mr. Shevik will be able to provide you with a schedule of how Katspan, Inc. intends to complete the project. It is my understanding that the contract provided that the project was to be completed within 120 working days after March 15, 2001. That number works out to 24 weeks. According to my calculations, the completion date is approximately August 31, 2001. I understand that Katspan, Inc. worked on a few weekend days and that those days would apply as working days, thereby reducing the number of days to completion. I further understand that Katspan, Inc. had to do some extra excavation work in some areas for which they are probably entitled to extra days. I have advised Mr. Skeel of that fact and expect that he will be preparing proposed change orders. You indicated during our conversation that the City of Renton would consider imposing liquidated damages in that you have planned a follow-on project in the same area, which you felt was to commence around the end of July 2001. Obviously, that time frame is still within our allotted days to complete our project. City of Renton June 13, 2001 Page 2 I have contacted the subcontractors and supplies of whom I have been made aware to assure them that we have guaranteed payment of their charges for services and materials on this project. We fully expect to complete the project within the contract time. Finally, I understand that you have directed that certain sums be withheld from the next progress payment for payment of certain subcontractors. You mentioned The Fleur Company as one claimant. I advised you that we have already requested a check in the sum of $9,603 to pay The Fleur Company and that their principal will be in my office on Monday, June 18, 2001 to pick up his check and sign a release. You indicated, therefore, that you would add that sum back into the next pay estimate. I do not recall who the second party is for whom you withheld payment. I do not have a copy of the complete contract and would appreciate receiving the same from you. Thank you for your assistance. I look forward to working with you in concluding this project. ASinc.era.rmiston Bond Claims Manager Bond Claims Department GMO/pc cc: Steve Skeel, Katspan, Inc. Seattle Branch Paul Hobby, Bond Underwriting Bush Cotton Scott, LLP SAclaims2\Gerry\Katspan\City of Renton\City of Renton Administration\R Moreno City of Renton C51 June 13.doc STATE OF WASHINGTON DEPARTMENT OF REVENUE CERTIFICATE OF LIEN February 14, 2002 UBI #: 601 341 325 TO: City of Renton Attn: Tracy Schuld 1055 S Grady Way Renton WA 98055 RE: CAG 01 008 S Downtown water and sewer Replace/PH 1 More than forty-five days have elapsed since the completion of the above -referred public improvement contract between Katspan and City of Renton. Pursuant to the provisions of RCW 60.28.040, 050, and 060 the Department of Revenue of the State of Washington certifies that there is due and owing to the State of Washington from said contractor taxes, increases and penalties in the sum of $89,640.17 with respect to the above -described contract. The Department of Revenue further certifies that there is due and owing to the State of Washington from said contractor other taxes, increases and penalties in the sum of $369,340.51. Payment of such taxes, increases and penalties out of the fund retained (bonded) by you under the aforementioned contract, pursuant to the provisions of Chapter 60.28 RCW, is hereby requested in accordance with the provisions of RCW 60.28.040, 050 and 060, which sections provide that the taxes, increases and penalties due with respect to the above -described contract are a lien prior to all other liens upon the retained fund, except that the employee of a contractor or the contractor's successors or assignees who have not been paid the prevailing wage under such a public improvement contract shall have a first priority lien against the retainage prior to all other liens, if filed within the time period required by statute. And that the other taxes, increases and penalties due and owing from said contractor are a lien upon the balance of the retained fund remaining in your possession, after all other statutory lien claims have been paid. Your transmittal of the taxes, increases and penalties due with respect to the above -described contract is to be made to the Department of Revenue within ten days of the receipt of this certificate and request as provided by RCW 60.28.060. If you have any questions regarding this contract, please call Kim L Deyo in our public ,Norks contract section at (360) 570-5962. If Z84W 9 2002 Audit Division • Procedures and Administration 1025 E Union Ave Ste 344 • PO Box 47474 • Olympia WA 98504-7474 .. tJ TravelersPropertyCasualty Amember of atigroup J Facsimile Cover Sheet To: Abdoul Gafour Company: City of Renton Phone: (425) 430-7210 Fax: (425) 430-7241 From: Gerald M. O rill I Sto n (Pat Clark -- Secretary) Company: Travelers Bond Phone: (253) 946-7393 Fax: (253) 946-7156 Date: 8/8/01 Pages including this 13 cover page: Comments: Re: Kapstan, Inc. Mr. Gafour: Attached is a draft with the revisions requested by Larry Warren per his letter of 9/7/01. Please call with your comments. Gerry Ormiston (253) 946-7393 TO 'd bi: 9T TOOZ 8 6ne 9STZTVKSZ: x2� WIU�D QNOH S�3730U�l TAKEOVER AGREEMENT BETWEEN TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA AND CITY OF RENTON This is a Takeover Agreement dated August , 2001 between Travelers Casualty and Surety Company of America ("Surety") and the City of Renton, Washington, a municipal corporation of the State of Washington ("Owner"). RECITALS A. On or about March 14, 2001, Owner entered into a Contract for the South Downtown Water Main & Storm Sewer Replacement Phase 1, Contract No. CAG-01-008 (hereinafter "General Contract") with Katspan, Inc., (hereinafter "Principal"). B. As required by the General Contract, Surety and Principal jointly issued a "Bond to the City of Renton" numbered 103355963 dated March , 2001 in the amount of $912,995 naming the Owner as Obligee (hereafter "Bond"), C. By letter dated July 31, 2001 Principal informed Owner of its inability to complete the General Contract and requested that Owner and Surety take such action as they deem necessary or desirable under the General Contract and the Bond to ensure completion of the project. D. As of the date of Principal's default, work remained to be performed under the General Contract (hereinafter "Remaining Work"). E. Surety has agreed to complete the Remaining Work, subject to the terms and conditions of this Agreement. Takeover Agreement -- Pago 1 of 12 ZO'd SS:9T TOOZ 8 bnb 9STZTb6SSz:X2� WId7D QNOS S�373nd�i NOW, THEREFORE, based on the exchange of valuable consideration, the receipt and sufficiency of which is acknowledged, and based on the Recitals set forth above which form a part of this Agreement, Surety and Owner agree to the following terms and conditions: TERMS AND CONDITIONS Rec, itals The above recitals and the terms and conditions are contractual and not merely recitals and the agreements contained herein and consideration transferred are to satisfy rights and obligations between Owner and Surety. 2. Incorporation of the General Contract, The General Contract is incorporated by reference into this Agreement, including, without limitation, the Instructions for Bidders, the General Contract Terms and Conditions, the Plans or Drawings, and any Special Conditions and Specifications, and all addenda and modifications to those documents issued in accordance with the General Contract. The General Contract also includes, and is modified by any approved Change Orders identified in attached Exhibit "A". 3, The Current Estimated General Contract Amount, The Owner represents that as of the date of this Agreement, the initial General Contract amount, as amended, of has been decreased by payments totaling $ for a current estimated General Contract balance of $ (including retention of $ 9 ) throu h Pay Estimate # (hereinafter "Estimated General Contract Amount"), The final amount to be paid under the General Contract, and this Agreement, shall be derived based on the work in place, valued at the unit and/or lump sum prices set under the General Contract. Except for potential liquidated or Takeover Agreement — Page 2 of 12 c _ 95izZb6�SZ:Xe� WIH�D QNOE S�1373Ad�i delay damages, Owner represents that there are presently no other pending or contemplated backcharges in favor of Owner, or other claims of Owner against Principal related to the General Contract or the Project, which might result in any decreases in, or withholding from, the amount, including the retainage, remaining to be paid under the General Contract. The Estimated General Contract Amount shall be increased by the value of any proposed Change Orders subsequently approved by the Owner. The Owner agrees that the Estimated General Contract amount is dedicated to and will be applied to the completion of the General Contract pursuant to this Agreement. 4. Percenta e of Completion and Prior Payments. Owner represents that, as of the date of this Agreement, Principal and/or Surety, for the account of Principal, have been paid $ through Payment Requisition No. under the General Contract, and that the Owner is presently holding accrued retainage of $ under the General Contract. Final payment, including the payment of all accrued retainage, under the General Contract and this Agreement, shall be subject to the Owner's final e work provided under the General Contract and quantification and approval of th satisfaction of all other contractual requirements imposed by the General Contract as a condition p recedent to such final payment excluding however any such a ment by or on behalf of Principal of its ��-; li requirements regarding p Y subcontractors, vendors ta or xes but not taxes owed ursuant to Cha ter 60.28 RCW entitled Liens for labor material taxes on ublic works. 5. Liens and Assi nments A ainst General Contract Funds, Owner represents that as of the date of this Agreement, assignments or encumbrances against the Contract funds identified in Exhibit "B" have been filed with, or served upon Owner in connection with the General Contract. Owner represents that it is not aware of any other assignments or encumbrances (hereinafter "Contract Fund Takeover Agreement — Page 3 of 12 Si:9T TOOZ 8 6nd 9STZTG62SZ:xP� WId73 QNOE Sa373ndal Creditors") against the Contract Funds in connection with the General Contract. Surety shall defend (at Surety's expense, using its counsel), indemnify and hold harmless Owner and all of its directors and employees from and against any and all claims of every description made by the Contract Fund Creditors arising as a consequence of payments made to Surety under this Agreement, The Surety's defense and indemnity obligations to the Owner for claims by Contract Fund Creditors shall be limited to; (i) the total amount paid by the Owner to the Surety pursuant to this Agreement with respect to those third parties Who do not qualify aS "Claimants" under the Bond, or (ii) the penal amount of the Bond with respect to those third parties who do qualify as "Claimants" under the Bond. 6. Surety to Perform Remaining Work. Surety shall be responsible for the completion of the Remaining Work. Surety shall perform the Remaining Work through one or more Completing Contractors (hereinafter ,Completing Contractor") which it shall engage. All Completing Contractors shall be subject to the qualification requirements of the Owner imposed by the General Contract for those entities performing the type of work contemplated by the General Contract. 7. Owner's Obli ations Under the General Contract. Except to the extent provided in this Agreement, Owner and Surety shall have all rights, obligations and responsibilities under the General Contract with respect to each other, to the same extent and effect as if Surety had executed the General Contract initially instead of Principal and Principal had not defaulted. g Owner's Ri ht With Respect to Chang:,s in the Work. Owner reserves the right, to the extent appropriate under the General Contract, to issue further Change Orders. The terms of these Change Orders, including the attendant extensions of time and valuation of the Change Order work, shall be determined as provided in the General Contract. Surety reserves the right to refuse to perform any extra or additional work if such work constitutes alone, or in the aggregate with all Takeover Agreement - Page 4 of 12 T S 9STZTb65SZ: xe3 WId73 QNOH S�371nd& prior Change Order work, a cardinal change (meaning significant change in design, nature or location of the work) under the General Contract. Further, in the event the Owner seeks the performance of additional work that is not subject to valuation by application of the unit and/or lump sum prices set under the General Contract, it shall negotiate the appropriate value for such work with Surety. 9. Schedule for Com letion of Remainin Work and New completion Date. Surety, through its Completing Contractor or Contractors, will coordinate and cooperate with Owner in formulating a schedule for the completion of the Remaining Work. Further, Owner agrees to grant Surety the full benefit of whatever extensions of time and other associated relief, including for excusable delays that are appropriate under the General Contract. Owner reserves the right to assess liquidated damages against the surety in accordance with the General Contract in the event the work required by the General Contract is not completed by the Completion Date as adjusted for any allowable time extensions. l o. Completing Contractors. Each Completing Contractor shall be a subcontractor to Surety, and no contractual relationship, pursuant to this Agreement, shall exist between Owner and any Completing Contractor. Each Completing Contractor shall provide all insurances required under the Subcontract, but shall not be required to provide payment and/or performance bonds, unless requested to do so by Surety. Surety reserves the right to terminate its Contract with a Completing Contractor at any time, upon three days' prior written notice to Owner and to contract with another Completing Contractor. Routine day-to-day operations and decisions as to the manner of performance of the Remaining Work shall be made by the Completing Contractors, subject to the terms and conditions of the General Contract, provided, however, that the Completing Contractors have no authority to: (i) agree to any changes in the General Contract or Remaining Work; (ii) agree to any Change Orders; (iii) agree to any backcharges or deductions of any Takeover Agreement — page 5 of 12 J - _ 9STLT7KSZ:x23 WId13 QN08 S�373nbd i nature; (iv) agree to any schedule changes; (v) agree to any adjustments in the General Contract amount or Remaining Work; or (vi) agree to perform warranty work of the Principal or future corrective work as a result of latent defect(s) in the work performed by the Principal, without the Surety's prior express written consent which shall be delivered to Owner as a condition precedent to the Completing Contractor(s) negotiating items (i) through (vi). The Remaining Work shall be subject to inspection and acceptance by the Owner, as provided in the General Contract. A copy of all written communication by Owner directed to a Completing Contractor shall be forwarded to Surety on a current basis by telecopier. All communications concerning matters of contract administration (i.e., contractual or other notices required by law, payments, Change Orders, extensions of time, delays, claims, among other matters) shall be communicated to a Completing Contractor only in writing, with a copy forwarded to Surety on a current basis by telecopier. 11. Pa menu to Sure Release of Bond upon Exhaustion of Band's Penal Amount. The Estimated General Contract Amount shall be paid to Surety as it completes the Remaining Work: (i) in periodic, monthly payments, based on the value of the work in place, or stored, calculated in accordance with the unit and lump sum prices set under the General Contract, less retainage withheld in accordance with the General Contract; and (ii) in a final payment once the Remaining Work is entirely complete, based on the Owner's final review, quantification and acceptance of the Remaining Work, valued in accordance with the unit and lump sum prices set under the General Contract, and in satisfaction of all other conditions precedent established under the General Contract for final payment. Surety agrees to expend such of its own funds as may, from time to time, be necessary to pay for completion of the Remaining Work and to pay appropriate claims; provided, however, that Surety's performance and payment obligation, over and above the amount paid by Takeover Agreement — Page 6 of 12 ZO'd 99:9T ToOZ 8 6nd 9SIZTb6�SZ.X2� QNOS S?173 ed i the Owner and received by the Surety under this Agreement, shall, in no event, exceed, and it is hereby expressly limited to, the expenditure of the penal amount of the Bond as reduced by all amounts expended by Surety including, but not limited to, all expenditures made to complete the Remaining Work, and satisfy all claims under the Bond. For each dollar the Surety so expends pursuant to the Bond, the Surety shall receive a corresponding dollar for dollar reduction in the penal amount of the Bond. If, out of its own funds, the Surety either expends, or is committed to amount of the Bond for any one or more of the following'. (1) expend, the full penal for work completed under the General Contract; (ii) for work in progress under the General Contract; or (iii) for all damages and settlements arising from claims under the Bond, then the Surety shall have no further obligation of any description to Owner arising out of, or in connection with, the Bond, and Surety's completion of the work, at the Surety's option, will cease. The Owner will remain obligated to pay Surety all earned amounts due under the General Contract, or this Agreement, including retention, notwithstanding the Surety ceasing work. Surety agrees to use its best efforts to notify Owner of its intention to cease work 30 calendar days before the exhaustion of the Bond's penal amount. All payments made by Surety previously, and those made in the future, have been and will be credited against the penal amount of the Bond, less the amount paid to Surety under the General Contract. Nothing in this Agreement constitutes a waiver of such penal amount or an increase in the liability of the Surety under the Bond. Surety agrees to investigate all proper payment claims made against it, but shall have the right to settle, compromise, defend, appeal, pay or dispute such claims as it, in its sole and complete discretion, may deem appropriate. In no event shall the Owner withhold any portion of the Estimated General Contract Amount, except for statutory retainagee, on account of claims, liens, suits or demands by person or entities furnishing or alleging to have furnished labor and/or materials to Takeover Agre©ment - Page 7 of 12 80 'd 92: 9T TOOZ 8 6nd 9STzT76SSz: Xz-� WId7O QNOE Sa373Ad2�1 the Project; provided, however, that the Surety shall defend, indemnify and hold ha rmless the Owner from any loss which may arise by virtue of such claims, liens, suits and demands, subject to the penal amount of the Bond, as reduced by the payments made by the Surety pursuant thereto. 12 pad ment Repuisitions. Surety, through its Completing Contractor or Contractors, + shall submit to the Owner whatever information or documentation is and stored required regarding the work performed under the General Contract, support the requisition process, and schedule materials, to conform to and supp nizes that Surety shall be established under the General Contract. Owner reco9 or more Completing completing the Remaining Work through the services of one Completing Contractors' Contractors. Accordingly, Owner shall accept the Comp 9 rep resentations and certifications with respect to all aspects of the work, progress of the , workquality of the work, conformance of the work to the requirements of the Gene ral Contract, payments to others, warranty and maintenance of the work, and all other matters pertinent to the General Contract, wherever such representations uired by the General Contract, as if those representations had been made by are re q Surety, since Surety may have no personal knowledge of such matters. and to 13. No Offsets A ainst Pa ments to Suret . All monies due, in mclud g> become due, pursuant to the General Contract and this Agreement, rk hout limitation, progress payments, payments for extra work or additional wo wit its Completing orders, retention and final payment, for work on behalf of Surety by including, Contractors, shall be made to Surety unconditionally and without offset, but not orii limited to, any offset for claims: 0) made by the Principal's creditors, ( ) ursuant t0 the made by parties claiming the monies due, or that become due, p based on a General Contract. Further, Owner shall not withhold payments to Surety ales failure of Principal to provide Owner with any certificates of insurance or tax s tax clearances but owner ma withhold funds for tax owed pursuant to Cha ter Takeover Agreement — Page 8 of 12 60'd zi:9T TOOZ 8 6nd 9STLT76SSZ:xe3 WId7J QNOH S�373nd�i 60.28 RCW-slea Os- All payments shall be made directly to Surety by check payable to Surety, at the address stated in paragraph 15 of this Agreement. 14. Satisfaction of Suretes Performance Obli ation. The acceptance of the Remaining Work under the General Contract by the Owner or the expenditure by the Surety of the Bond penal amount, whichever comes first, shall satisfy Surety's performance obligations under the General Contract, its Bond and this Agreement. Owner represents that Principal would have been required to complete all of its obligations under the General Contract had it not been in default and that. prior to the date of this Agreement, Owner had not made any agreement with Principal that any item of work included in the General Contract would not have to be performed except to the extent provided in the approved Change Orders identified in attached Exhibit "A." 15. Notices. All notices and correspondence to Owner shall be mailed certified mail, return receipt requested, with a copy by telecopier to: Abdoul Gafour Water utility Engineering Supervisor City of Renton Renton City Hall - 5th Floor 1055 South Grady Way Fax: (425) 430 -7241 All notices and correspondence to Surety shall be mailed certified mail, return receipt requested, with a copy by telecopier to: Travelers Casualty and Surety Company of America Attn-. Mr. Gerald M. Ormiston 3455 South 344th Way, Suite 200 Auburn, WA 98001 Fax: 253-946-7156 Takeover Agreement — Page 9 of 12 OT 'd ZS:9T TOOZ 8 6nd 9ST�TVKSZ: x?3 WId00 QNOH Sd373AIJdi 16. No Third Part Ri hts. Nothing in this Agreement shall be deemed to create any rights in favor of, or to inure to the benefit of any third party or parties, or to waive or release any defense or limitation against third party claims. 17. All Claims Referred_t0--SU-r-L-'-t1L Owner recognizes that Surety may be liable to unpaid suppliers and subcontractors of Principal. Owner agrees to make no representations or promises of payment to these suppliers and subcontractors and to refer all inquiries to Surety. e Rights Confirmed. Nothing shall limit Surety's 18, Surets Performanc rights as a Completing Surety under the General Contract and applicable law. Owner hereby recognizes those rights, including the right of equitable subrogation that affords to Surety all rights and remedies of Owner against Principal, such as offset, and withholding, among others. Further, Owner also recognizes Surety's subrogation to the rights as a performing Surety under the General Contract, including the right to additional compensation or damages where allowed or appropriate under the General Contract or applicable law for claims or matters arising after the date of this Agreement. The Owner expressly agrees and acknowledges: (i) that Surety is entering into this Agreement not as a contractor, but as a means of satisfying the Surety's performance obligations under the Bond; and ii that the Surety has provided to Owner the Completing Contractor, a fully licensed contractor, to finish the project. 19 q regiment Bindin on Successors. This Agreement shall be binding upon the successors and assignees of Surety and Owner. 20. No Modification Exce t in Writing, This Agreement cannot be modified except in a writing signed by both Owner and Surety. Controls In , 21. Terms of General Contract nd/or Bond isions of the case of conflict between the provisions of this Agreement and the p rov General Contract and/or Bond, the General Contract and Bond shall I Takeover Agreement - Page 10 of 12 TT'd 29:9T TOOZ 8 6rd 9STLT761SZ:x23 WId-13 QN09 S21373Add1 control. Further, this Agreement, the General Contract and the Bond constitute the entire Agreement between Owner and Surety and, together, supersede all prior negotiations, representations, offers, other writings and oral statements of every description. 22. Washington Law A lies. This Agreement and the performance under this Agreement, shall be governed by, and construed in accordance with the laws of the State of Washington. In any suit, action, or proceeding that may be brought arising out of, or in connection with, or by reason of this Agreement, the laws of the State of Washington shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which any suit, action, or proceeding may be instituted. 23. Now The failure of either party to exercise in any respects a right provided for in this Agreement shall not be deemed to be a subsequent waiver of the same right or of any other right. 24. No Surety and Owner agree that the terms of this Agreem � lam ent contemplate, provide for, and resolve whatever claims, whether based on General Contract, common law or otherwise, that one may have against the other, related to, or arising from, in any manner, the Project, the Principal or Surety's Bond, known as of the date of this Agreement. 25. Counter arts. This Agreement may be executed in any number of counterparts each of which when executed and delivered shall be deemed to be an original with all counterparts constituting but one and the same instrument. The execution of this Agreement by any parties hereto will not become effective until counterparts hereof have been executed by all parties. 26, Construction. The Owner and Surety have been represented by counsel who has materially participated in the authorship of this Agreement, it being understood that the rule of construction that a written agreement is construed Takeover Agreement — Page 11 of 12 ZT 'd 8S:9T TOOZ 8 6nd 9STZT76SSZ: xp-:l WId7O QNOH Sd373Ad�1 against the party drafting or preparing such agreement shall not be applicable to the Interpretation of this Agreement, WHEREFORE, Surety and Owner have executed this Agreement by their authorized representatives. DATED: DATED: CITY OF RENTON 0 Its: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA am Its: Bond Claim Manager 'takeover Agreement — Page 12 of 12 iT 'd 8j:9T TOOZ 8 6nd 9STZTb6jSZ:Xp3 WId-10 GN09 Sd3�3AIJdi TravelersPropertyCasualty J AmemberofntigrouD Cover Sheet Facsimile .�Q�► To: Abdoul Gafour Company. City of Renton Phone: (425) 430-7210 ao Fax: (425) 430-7241 From: Gerald M. Ormiston (PatClark— Secretary) Company: Travelers Bond Phone: (253) 946-7393 Fax: (253) 946-7156 Date: 8/1 /01 Pages including this 13 cover page: Comments: Re: Kapstan, Inc. Mr. Gafour: Please see attached draft of takeover agreement. I amouforwardingrts at your copyy e-mail as well. Please review and provide me with y earliest convenience. I called Larry warren yesterday but have not heard back from him. Please forward a copy on to him for his comment. Hopefully we can executed the originally at the pre -con meeting tomorrow. Gerry prrruston (253) 946-7393 TO 'd IO: T I TOOZ I Ond 9ST�Tb62SZ: xPA WId�O QNOH WITIOHNI TAKEOVER AGREEMENT BETWEEN TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA AND CITY OF RENTON This is a Takeover Agreement dated August 2001 between Travelers Casualty and Surety Company of America ("Surety") and the City of Renton, Washington, a municipal corporation of the State of Washington ("Owner"). ECG ITALS A. On or about March 14, 2001, Owner entered into a Contract for the South Downtown Water Main & Storm Sewer Replacement Phase 1, Contract No, CAG-01-008 (hereinafter "General Contract") with Katspan, Inc., (hereinafter "Principal"). B. As required by the General Contract, Surety and Principal jointly issued a "Bond to the City of Renton" numbered 103355963 dated March 2001 in the amount of $912,995 naming the Owner as Obligee (hereafter "Bond"), C. By letter dated July 31, 2001 Principal informed Owner of its inability to complete the General Contract and requested that Owner and Surety take such action as they deem necessary or desirable under the General Contract and the Bond to ensure completion of the project. D. As of the date of Principal's default, work remained to be performed under the General Contract (hereinafter "Remaining Work"). E. Surety has agreed to complete the Remaining Work, subject to the terms and conditions of this Agreement. Takeover Agreement — Page 1 of 12 ZO 'd TO: T T TOOZ T EnN 9STZTVKSZ: xeA WIH-IJ ONOB S�13��(1H211 NOW, THEREFORE, based on the exchange of valuable consideration, the receipt and sufficiency of which is acknowledged, and based on the Recitals set forth above which form a part of this Agreement, Surety and Owner agree to the following terms and conditions; TERMS AND CONDITIONS Recitals.The above recitals and the terms and conditions are contractual and not merely recitals and the agreements contained herein and consideration transferred are to satisfy rights and obligations between Owner and Surety. 2, Incorporation of the General Contract. The General Contract is incorporated by reference into this Agreement, including, without limitation, the Instructions for Bidders, the General Contract Terms and Conditions, the Plans or Drawings, and any Special Conditions and Specifications, and all addenda and modifications to those documents issued in accordance with the General Contract. The General Contract also includes, and is modified by any approved Change Orders identified in attached Exhibit "A 3, The Current Estimated - represents General Contract A cunt. The Owner that as of the date of this Agreement, the initial General Contract amount, as amended, of $ has been decreased by payments totaling $ for a current estimated General Contract balance of $ (including retention of $ through Pay Estimate (hereinafter "Estimated General Contract Amount"). The final amount to be paid under the General Contract, and this Agreement, shall be derived based on the work in place, valued at the unit and/or lump sum prices set under the General Contract. Except for potential liquidated or Takeover Agreement — Page 2 of 12 SO'd IO:TT TOOZ T 6nd 9ST�Tb62SZ:x23 WId73 QNOS S�3730d�1 delay damages, Owner represents that there are presently no other pending or contemplated backcharges in favor of Owner, or other claims of Owner against Principal related to the General Contract or the Project, which might result in any decreases in, or withholding from, the amount, including the retainage, remalning to be paid under the General Contract, The Estimated General Contract Amount shall be increased by the value of any proposed Change Orders subsequently approved by the Owner. The Owner agrees that the Estimated General Contract amount is dedicated to and will be applied to the completion of the General Contract pursuant to this Agreement. percentage of Completion and Prior Pa ments. Owner represents 4, that, as of the date of this Agreement, Principal and/or Surety, for the account of Principal, have been paid $ through Payment Requisition No. under the General Contract, and that the Owner is presently holding accrued retainage of $ under the General Contract. Final payment, including the payment of all accrued retainage, under the General Contract and this Agreement, shall be subject to the Owner's final quantification and approval of the work provided under the General Contract and satisfaction of all other contractual requirements imposed by the General Contract as a condition precedent to such final payment excluding however any such requirements regarding payment by or on behalf of Principal of its taxes, subcontractors or vendors. 5. Liens and Assi nments A ainst General Contract Funds. Owner represents that as of the date of this Agreement, assignments or encumbrances against the Contract Funds identified in Exhibit "B" have been filed with, or served upon Owner in connection with the General Contract. Owner represents that it is not aware of any other assignments or encumbrances (hereinafter "Contract Fund Creditors") against the Contract Funds in connection with the General Contract. Takeover Agreement — Page 3 of 12 b0 'd TO: T T TOOZ T End 9STZTVKSZ_ x2d WId7D QNOH Sd373(ledi Surety shall defend (at Surety's expense, using its counsel), indemnify and hold harmless Owner and all of its directors and employees from and against any and all claims of every description made by the Contract Fund Creditors arising as a consequance of payments made to Surety under this Agreement. The Surety's defense and indemnity obligations to the Owner for claims by Contract Fund Creditors shall be limited to: (i) the total amount paid by the Owner to the Surety pursuant to this Agreement with respect to those third parties who do not qualify as "Claimants" under the Bond, or (ii) the penal amount of the Bond with respect to those third parties who do qualify as "Claimants" under the Bond. g, Sure t to Perform Remainin Work. Surety shall be responsible for the completion of the Remaining Work. Surety shall perform the Remaining Work through one or more Completing Contractors (hereinafter "Completing Contractor") which it shall engage. All Completing Contractors shall be subject to the qualification requirements of the Owner imposed by the General Contract for those entities performing the type of work contemplated by the General Contract, 7. Owner's Obligations Under the General Contract. Except to the extent provided in this Agreement, Owner and Surety shall have all rights, obligations and responsibilities under the General Contract with respect to each other, to the same extent and effect as if Surety had executed the General Contract initially instead of Principal and Principal had not defaulted. g. Owner's Ri ht With Res ect to Chan es in the Work, Owner reserves the right, to the extent appropriate under the General Contract, to issue further Change Orders. The terms of these Change Orders, including the attendant extensions of time and valuation of the Change Order work, shall be determined as provided in the General Contract. Surety reserves the right to refuse to perform any extra or additional work if such work constitutes alone, or in the aggregate with all prior Change Order work, a cardinal change (meaning significant change in design, Takeover Agreement - Page 4 of 12 SO'd ZO:TT TOOZ T 6nd 9ST�TVKSZ:xP� WId�O QNOH Sd373ndd1 nature or location of the work) under the General Contract. Further, in the event the Owner seeks the performance of additional work that is not subject to valuation by application of the unit and/or lump sum prices set under the General Contract, it shall negotiate the appropriate value for such work with Surety. g. Schedule for Com letion of Remaining Work and New Com letlon Date. Surety, through its Completing Contractor or Contractors, will coordinate and cooperate with Owner in formulating a schedule for the completion of the Remaining Work. Further, Owner agrees to grant Surety the full benefit of whatever extensions of time and other associated relief, including for excusable delays that are appropriate under the General Contract. Owner reserves the right to assess liquidated damages against the surety in accordance with the General Contract in the event the work required by the General Contract is not completed by the Completion Date as adjusted for any allowable time extensions. 10. Completing Contractors, Each Completing Contractor shall be a subcontractor to Surety, and no contractual relationship, pursuant to this Agreement, shall exist between Owner and any Completing Contractor. Each Completing Contractor shall provide all insurances required under the Subcontract, but shall not be required to provide payment and/or performance bonds, unless requested to do so by Surety. Surety reserves the right to terminate its Contract with a Completing Contractor at any time, upon three days' prior written notice to Owner and to contract with another Completing Contractor. Routine day-to-day operations and decisions as to the manner of performance of the Remaining Work shall be made by the Completing Contractors, subject to the terms and conditions of the General Contract, provided, however, that the Completing Contractors have no authority to: (i) agree to any changes in the General Contract or Remaining Work; (ii) agree to any Change Orders; (iii) agree to any backcharges or deductions of any nature; (iv) agree to any schedule changes; (v) agree to any adjustments in the Takeover Agreement — Page 5 of 12 90 'd ZO: T I TOOZ T 6nd 9STZTb6SSZ: xP� WIH�D QNOH Sa373Ad�1 General Contract amount or Remaining Work; or (vi) agree to perform warranty work of the Principal or future corrective work as a result of latent defect(s) in the work performed by the Principal, without the Surety's prior express written consent which shall be delivered to Owner as a condition precedent to the Completing Contractor(s) negotiating items (1) through (vi). The Remaining Work shall be subject to inspection and acceptance by the Owner, as provided in the General Contract. A copy of all written communication by Owner directed to a Completing Contractor shall be forwarded to Surety on a current basis by telecopler. All communications concerning matters of contract administration (i.e., contractual or other notices required by law, payments, Change Orders, extensions of time, delays, claims, among other matters) shall be communicated to a Completing Contractor only in writing, with a copy forwarded to Surety on a current basis by telecopier. 11. Pa meets to Surety Release of Bond upon Exhaustion of Bond's Penal Amount, The Estimated General Contract Amount shall be paid to Surety as it completes the Remaining Work; (i) in periodic, monthly payments, based on the value of the work in place, or stored, calculated in accordance with the unit and lump sum prices set under the General Contract, less retainage withheld in accordance with the General Contract; and (ii) in a final payment once the Remaining Work is entirely complete, based on the Owner's final review, quantification and acceptance of the Remaining Work, valued in accordance with the unit and lump sum prices set under the General Contract, and in satisfaction of all other conditions precedent established under the General Contract for final payment. Surety agrees to expend such of its own funds as may, from time to time, be necessary to pay for completion of the Remaining Work and to pay appropriate claims; provided, however, that Surety's performance and payment obligation, over and above the amount paid by the Owner and received by the Surety under this Agreement, shall, in no event, Takeover Agreement — Page 6 of 12 LC Z0:TT TOOZ T 6nd 9ST�Tb62SZ:Xp3 WId7O QNOH S�3-13AHdi exceed, and it is hereby expressly limited to, the expenditure of the penal amount of the Bond as reduced by all amounts expended by Surety including, but not limited to, all expenditures made to complete the Remaining Work, and satisfy all claims under the Bond. For each dollar the Surety so expends pursuant to the Bond, the Surety shall receive a corresponding dollar for dollar reduction in the penal amount of the Bond. if, out of its own funds, the Surety either expends, or is committed to expend, the full penal amount of the Bond for any one or more of the following: (i) for work completed under the General Contract; (ii) Tor work in progr--ss undor th© General Contract; or (iii) for all damages and settlements arising from claims under the Bond, then the Surety shall have no further obligation of any description to Owner arising out of, or in connection with, the Bond, and Surety's completion of the work, at the Surety's option, will cease. The Owner will remain obligated to pay Surety all earned amounts due under the General Contract, or this Agreement, including retention, notwithstanding the Surety ceasing work. Surety agrees to use its best efforts to notify Owner of its intention to cease work 30 calendar days before the exhaustion of the Bond's penal amount. All payments made by Surety previously, and those made in the future, have been and will be credited against the penal amount of the Bond, less the amount paid to Surety under the General Contract. Nothing in this Agreement constitutes a waiver of such penal amount or an increase in the liability of the Surety under the Bond. Surety agrees to investigate all proper payment claims made against it, but shall have the right to settle, compromise, defend, appeal, pay or dispute such claims as it, in its sole and complete discretion, may deem appropriate. In no event shall the Owner withhold any portion of the Estimated General Contract Amount, on account of claims, liens, suits or demands by person or entities furnishing or alleging to have furnished labor and/or materials to the Project; provided, however, that the Surety shall defend, indemnify and hold harmless the Owner from any loss which Takeover Agreement - Page 7 of 12 80 'd ` O: I I IOOZ I End 9SIZIb62SZ: xeJ WI67O QNOH Sd373AdK may arise by virtue of such claims, liens, suits and demands, subject to the penal amount of the Bond, as reduced by the payments made by the Surety pursuant thereto. 12. Payment Requisitions,_ Surety, through its Completing Contractor or Contractors, shall submit to the Owner whatever information or documentation is required regarding the work performed under the General Contract, and stored materials, to conform to and support the requisition process and schedule established under the General Contract. Owner recognizes that Surety shall be completing the Remaining Work through the services of one or more Completing Contractors. Accordingly, Owner shall accept the Completing Contractors' representations and certifications with respect to all aspects of the work, progress of the work, quality of the work, conformance of the work to the requirements of the General Contract, payments to others, warranty and maintenance of the work, and all other matters pertinent to the General Contract, wherever such representations are required by the General Contract, as if those representations had been made by Surety, since Surety may have no personal knowledge of such matters. 13. No Offsets Against Payments to Surety. All monies due, and to become due, pursuant to the General Contract and this Agreement, including, without limitation, progress payments, payments for extra work or additional work orders, retention and final payment, for work on behalf of Surety by its Completing Contractors, shall be made to Surety unconditionally and without offset, including, but not limited to, any offset for claims: (i) made by the Principal's creditors; or (ii) made by parties claiming the monies due, or that become due, pursuant to the General Contract. Further, Owner shall not withhold payments to Surety based on a failure of Principal to provide Owner with any certificates of insurance or tax clearances. All payments shall be made directly to Surety by check payable to Surety, at the address stated In paragraph 15 of this Agreement. Takeover Agreement — Page 8 of 12 60'a 20:IT TOOZ T 6nd 95TZTb6�SZ:x?A WTH7-) CTNnR I?N71-(AHNI 14. Satisfaction of Sure s Performance Obligation. The acceptance of the Remaining Work under the General Contract by the Owner or the expenditure by the Surety of the Bond penal amount, whichever comes first, shall satisfy Surety's performance obligations under the General Contract, its Bond and this Agreement. Owner represents that Principal would have been required to complete all of its obligations under the General Contract had it not been in default and that, prior to the date of this Agreement, Owner had not made any agreement with Principal that any item of work included in the General Contract would not have to be performed except to the extent provided in the approved Change Orders identified in attached Exhibit "A." 15. Notices. All notices and correspondence to Owner shall be mailed certified mail, return receipt requested, with a copy by telecopier to: Abdoui Gafour Water Utility Engineering Supervisor City of Renton Renton City Hall — 5V' Floor 1055 South Grady Way Fax: (425) 430 —7241 All notices and correspondence to Surety shall be mailed certified mail, return receipt requested, with a copy by telecopier to: Travelers Casualty and Surety Company of America Attn: Mr. Gerald M. Ormiston 3455 South 344th Way, Suite 200 Auburn, WA 98001 Fax: 253-946-7156 16. No Third Party Rights. Nothing in this Agreement shall be deemed to create any rights in favor of, or to inure to the benefit of any third party or parties, or to waive or release any defense or limitation against third party claims. Takeover Agreement - Page 9 of 12 OT'd 20:TT TOOZ T 6ne 9STZTb62SZ:xPJ WIH�O QNOE Sa0�3nH& 17. All Claims Referred to Surety. Owner recognizes that Surety may be liable to unpaid suppliers and subcontractors of Principal. Owner agrees to make no representations or promises of payment to these suppliers and subcontractors and to refer all inquiries to Surety. 18. Surety's Performance Rights Confirmed. Nothing shall limit Surety's rights as a Completing Surety under the General Contract and applicable law. Owner hereby recognizes those rights, including the right of equitable subrogation that affords to Surety all rights and remedies of Owner against Principal, such as offset, and withholding, among others. Further, Owner also recognizes Surety's subrogation to the rights as a performing Surety under the General Contract, including the right to additional compensation or damages where allowed or appropriate under the General Contract or applicable law for claims or matters arising after the date of this Agreement. The Owner expressly agrees and acknowledges: (i) that Surety is entering into this Agreement not as a contractor, but as a means of satisfying the Surety's performance obligations under the Bond; and (ii) that the Surety has provided to Owner the Completing Contractor, a fully licensed contractor, to finish the project. 19. Agreement Binding on Successors. This Agreement shall be binding upon the successors and assignees of Surety and Owner. 20, No Modification Except in Writing, This Agreement cannot be modified except in a writing signed by both Owner and Surety. 21, This Agreement Controls. In case of conflict between the provisions of this Agreement and the provisions of the General Contract and/or Bond, this Agreement shall control. Further, this Agreement, the General Contract and the Bond constitute the entire Agreement between Owner and Surety and, together, supersede all prior negotiations, representations, offers, other writings and oral statements of every description. Takeover Agreement — Page 10 of 12 TT 'd b0: TT IOOZ I 6ne 9ST�TbKSZ: xPA WId-1J QN09 S�3-13MK 22. Washington Law Applies. This Agreement and the performance under this Agreement, shall be governed by, and construed in accordance with the laws of the State of Washington. In any suit, action, or proceeding that may be brought arising out of, or in connection with, or by reason of this Agreement, the laws of the State of Washington shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which any suit, action, or proceeding may be instituted. 23. No Waiver. The failure of elther party to exerclse in any respects a right provided for in this Agreement shall not be deemed to be a subsequent waiver of the same right or of any other right. 24. No Claims. Surety and Owner agree that the terms of this Agreement contemplate, provide for, and resolve whatever claims, whether based on General Contract, common law or otherwise, that one may have against the other, related to, or arising from, in any manner, the Project, the Principal or Surety's Bond, known as of the date of this Agreement. 25. Counterparts. This Agreement may be executed in any number of counterparts each of which when executed and delivered shall be deemed to be an original with all counterparts constituting but one and the same instrument. The execution of this Agreement by any parties hereto will not become effective until counterparts hereof have been executed by all parties. 26. Construction. The Owner and Surety have been represented by counsel who has materially participated in the authorship of this Agreement, it being understood that the rule of construction that a written agreement is construed against the party drafting or preparing such agreement shall not be applicable to the interpretation of this Agreement. WHEREFORE, Surety and Owner have executed this Agreement by their authorized representatives. Takeover Agreement — Page 11 of 12 ZT 'd b0: II TM7 T 6nd 9STZTVHSZ_ xpd WIU�D QNOH S2373 Ud i DATED: CITY OF RENTON DATED: By: Its: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA M Its: Bond Claim Manager Takeover Agreement — Page 12 of 12 SI 'd 70: IT TOOZ T 6nH 9STZTVKSZ:Xpj WIH-IJ QN09 S23-13(�H211 CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: August 7, 2001 TO: Linda Dixon, Finance Dept. FROM: Linda Ferkingstad, Utility Systems SUBJECT: Journal Entry — Account Correction Katspan, Inc./Travelers Casualty &Surety Co. Please prepare a journal entry to correct the following payments, which were taken out of header accounts in error: WO No. Acct. No. Amount Descript. DEBIT: 99999 421.000500.018.5960.0034.65.055290 $10,482.35 Attached CREDIT: 99999 421.000500.018.5960.0034.65.000000 $10,482.35 Attached DEBIT 99999 421.000600.018.5960.0038.65.065380 $12,084.50 Attached CREDIT 99999 421.000600.018.5960.0038.65.000000 $12,084.50 Attached Reason for Corrections: Pay Estimate #4 payment to contractor was charged to a header account in error. Thank you for your assistance. If you have any questions, please call me at X-7332. C/FILES/LINDA/AC-KATSPANAf Attachment cc: Abdoul Gafour Ron Straka Nenita Ching Tracy Schuld - Finance \\TS_SERVER\SYS2\COMMON\C:\My Documents\LINDA\ac-katspan.doc TO- FINANCE DIRECTOR 4 FROM: PUBLIC WORKS ADMINISTRATOR RO CONTRACTOR: Katspan, Inc. C/O Travelers Casualty & Surety Company CONTRACT NO. CAG-01-008 ESTIMATE NO. 4 Closing Date 06-20-01 PROJECT: South Renton Water Main/Storm Sewer Replacement Phase I 1. CONTRACTOR EARNINGS THIS ESTIMATE $21,740.70 2. SALES TAX @ 8.80% $1,913.19 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $23,653.89 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $366,529.15 4A rec/ass retainage to earnings do to release of Fleur claim $9,603.00 5. EARNINGS DUE CONTRACTOR THIS ESTIMATE $20,653.67 6. SUBTOTAL - CONTRACTOR PAYMENTS $396,785.82 7. RETAINAGE ON PREVIOUS EARNINGS $36,906.70 7A reduction of retainage due to release of Fleur claim ($9,603.00) 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE $1,087.03 9. SUBTOTAL - RETAINAGE $28,390.73 10. SALES TAX PREVIOUSLY PAID $35,502.35 11. SALES TAX DUE THIS ESTIMATE $1,913.19 12. SUBTOTAL - SALES TAX $37,415.54 * (95% x LINE 1) ** (RETAINAGE: 5% of line 1) GRAND TOTAL: $462,592.09 FINANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR (Lines 5 and 11): ACCOUNT 421.000500.018.5960.0034.65.55290/55290/5354 $10,482.35 # 4 ACCOUNT 421.000600.018.5960.0038.65.65380/65380/5354 $12,084.50 RETAINED AMOUNT (Line 8): $22,566.85 ACCOUNT 421.000500.018.5960.0034.65.55290/55290/5354 $504.93 # 4 421.000600.018.5960.0038.65.65380/65380/5353 $582.11 $1,087.04 TOTAL THIS ESTIMATE: $23,653.89 CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION 6�1 ��0i 1, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM / Signed: 6—u I,/� SUtI Zed Printed On: 6/27/01 City of Renton Public Works Department Page 1 o dptexp Departmental Expenditure Report Page: 63 06/28/2001 16:34:53 City of Renton --------------- '/----------------------------------------- ---- ---- Expenditure Accounts WATER & SEWER CONSTRUCTION PLNG/BLDG/PUB WKS UTILITY SYS Account Number PO# Amount Check No Invoice#/Line Vendor ---------------------------------------------------------------------------- --------------- ------------------------------------ / le,�P E 421.000500.018.5960.0034.65. 00000 � ✓10,482.35 194196 PAYEST#4 1 TRAVELERS CASUALTY & SURETY, KEVIN L E 421.000500.018.5960.0034.65.055120 "!180045 455.93 194307 33064 1 RH2 ENGINEERING INC E 421.000500.018.5960.0034.65.055170 259.50 194234 PAYEST#9FINL 1 MERLINO CONSTR (GARY) E 421.000500.018.5960.0034.65.055170 12.50 194235 FINALPAYEST9 1 MERLINO CONSTRUCTION AND, EAST K C C E 421.000500.018.5960.0034.65.055240 180048 4,012.63 194260 20914 1 OTTO ROSENAU & ASSOCIATES E 421.000500.018.5960.0034.65.055265 1180117 25,061.60 194173 21040-1 1 ICON MATERIALS, SEGALE E 421.000500.018.5960.0034.65.055265 v/0180280 96.83 194307 33063 1 RH2 ENGINEERING INC NON-GENL GOVT CAPITAL EXP Total: 40,381.34 PLNG/BLDG/PUB WKS UTILITY SYS Total: 40,381.34 o dptexp 06/28/2001 16:34:53 Expenditure Accounts WATER & SEWER CONSTRUCTION PLNG/BLDG/PUB WKS UTILITY SYS Departmental Expenditure Report City of Renton Account Number --- ----- PO# ---------- ------Amount Check No -------- Invoice#/Line --------------- ------------------------------------ J 2,084.50 19419E PAYEST#4 2 E 421.000600.018.5960.0038.E 000 0 E 421.000600.018.5960.0038.65.065020 80084 870.40 194416 83653 1 E 421.000600.018.5960.0038.65.065020 180084 870.40 192.95 194416 194392 83864 1 175-094 1 E 421.000600.018.5960.0038.65.065145 NON-GENL GOVT CAPITAL EXP Total: 14,018.25 PLNG/BLDG/PUB WKS UTILITY SYS Total: 14,018.25 Page: 64 Vendor --1---------------------------------- TRAVELS S CASUALTY & SURETY, KEVIN L WHITWORTH PEST CONTROL INC WHITWORTH PEST CONTROL INC WARREN, BARBER & FONTES PS r -"yJUL-31-01 00;30AM FROWKatioa,n +94256215209 T-805 P U/N F-133 is 'lk".. .uokl July 31, 2001 City of Renton Planning/Building/Public Works Renton Coy hall — 5"' Floor 1055 South Grady Way Renton, WA 98055 Attn.: Abdoul Gafour, Water Utility Engineering Supervisor Re; Travelers Casualty & Surety Company of America Bond No.: 103574771 Principal: Katspan, Inc. Obligee: City of Renton Project: City of Renton South Downtown Water Main and Storm Sewer Replacement — Phase 1, CAG 01-008 Dear Vr, Gafour. This correspondence will serve as written notice to both the City of Renton and Travelers Casualty & Surety Co, of America that Katspan, Inc. is unable to complete its contract with the City of Renton listed above, and hereby defaults on the above -referenced project. Katspan, Inc. hereby requests and authorizes both the City of Renton and Travelers Casualty & Surety Co, of America to take such action as they dccrn necessary or desirable under the above -referenced contract and the bonds w ensure completion of the above -referenced project. Katspein, Inc. hereby expressly waives the written notice and cure period provided for in the contract bcrwecn Katspan, Inc, and the City of Renton, so that labor and materials may be provided as necessary in order to permit the timely completion of the work under the contract. very 'IYuly Yours, Katspan, Tnc Rane Lotunville, Presidenl cc: Travelers Casualty and Surery Company of America — Kevin Lybeck Katspan5 Inc., 13221 NE i26th ftce, Kirldard, WA M034 • (425) 921-5619 , Fax: (425) 821-5209 • KATSF4 0121tA ZO'd Sb:6 TOOZ TS inf 9SIZIb62SZ:x2A NId-9 ONOH S�3�3AU�i DRAFT FOR REVIEW ONY July 31, 2001 Katspan, Inc 13221 NE 126th Place, Kirkland, WA 98034 Travelers Casualty and Surety Company of America SUBJECT: Notice of Termination for Default of Contract CAG 01-088 with Katspan Inc. Bond No.: 103574771 Gentlemen: The City of Renton has received from your bonding a copy of your notice of default dated July31, 2001 for the contract no. CAG 01-088 with the City for the South Renton water main and storm sewer replacement project. This letter is to notify you and your bonding and surety company Travelers Casualty and Surety Company of America that the City of Renton is terminating the subject contract with Katspan, Inc. in accordance with the provisions of the contract agreement and with Section 1-08.10 of the Standards Specifications. This is also a notice that the City is transferring the performance of all of the remaining work to complete the contract to your bonding and surety company, Travelers Casualty and Surety Company of America, according to the terms and conditions of the contract and contract bond number 103574771. Sincerely, Abdoul Gafour Water Utility Engineering Supervisor cc: Larry Warren —City Attorney Gerry Ormiston — Travelers Bond H/ag/termination notice Y wee "01ft` Gerald M. Ormiston Travelers' Bond Claim Manager Travelers Bond Phone: 253-946-7393 3455 South 340 Way, Ste. 200 Fax: 253-946-7156 Auburn, WA 98001 E-mail: Gerald.Ormision@travelers.com As administrator for Reliance Surety June 13, 2001 REcEI V ED City of Renton JUN IS 2001 Planning/Building/Public Works Renton City ll CITY TOrV Utility Systems m5 h Floor UTILITY SYSTEM tS 1055 South Grady Way Renton, WA 98055 Attn.: Rick Moreno Re: Travelers Casualty & Surety Company of America Our File No.: 685763 Bond No.: 103574771 Principal: Katspan, Inc. Obligee: City of Renton Project: City of Renton South Downtown Water Main and Storm Sewer Replacement — Phase I, CAG 01-008 Dear Mr. Moreno: I am responding to your letter of June 4, 2001, to Katspan, Inc., our principal_ As you are aware, our company provided Performance and Payment bonds for the project. We will be assisting Katspan, Inc. with financing to complete the project. I assume that this satisfies your request for "adequate assurance of future performances". As I advised you during our telephone conversation, our Consultant, Gary Shevik will be meeting with the Katspan, Inc. superintendent, Ray Elder on Monday, June 18, 2001 to review the status of the project. It is our expectation that Mr. Elder and Mr. Shevik will be able to provide you with a schedule of how Katspan, Inc. intends to complete the project. It is my understanding that the contract provided that the project was to be completed within 120 working days after March 15, 2001. That number works out to 24 weeks. According to my calculations, the completion date is approximately August 31, 2001. I understand that Katspan, Inc. worked on a few weekend days and that those days would apply as working days, thereby reducing the number of days to completion. I further understand that Katspan, Inc. had to do some extra excavation work in some areas for which they are probably entitled to extra days. I have advised Mr. Skeel of that fact and expect that he will be preparing proposed change orders. You indicated during our conversation that the City of Renton would consider imposing liquidated damages in that you have planned a follow-on project in the same area, which you felt was to commence around the end of July 2001. Obviously, that time frame is still within our allotted days to complete our project. TO: FINANCE DIRECTOR FROM: PUBLIC WORKS ADMINISTRATOR CONTRACTOR: Katspan, Inc. C/O Travelers Casualty & Surety Company CONTRACT NO. CAG-01-008 ESTIMATE NO. 3 Closing Date 06-07-01 PROJECT: South Renton Water Main/Storm Sewer Replacement Phase I 1. CONTRACTOR EARNINGS THIS ESTIMATE $121,172.42 2. SALES TAX @ 8.80% $10,663.17 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $131,835.59 4. EARNINGS PREVIOUSLY PAID CONTRACTOR 5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE 6. SUBTOTAL - CONTRACTOR PAYMENTS 7. RETAINAGE ON PREVIOUS EARNINGS 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE 9. SUBTOTAL - RETAINAGE 10. SALES TAX PREVIOUSLY PAID 11. SALES TAX DUE THIS ESTIMATE 12. SUBTOTAL - SALES TAX * (95% x LINE 1, less retainage on line 8) ** (RETAINAGE: 5% of line 1, plus $16, 734.90 for claims filed.) FINANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR (Lines 5 and 11): ACCOUNT 421.000500.018.5960.0034.65.55290/55290/5354 ACCOUNT 421.000600.018.5960.0038.65.65380/65380/5354 RETAINED AMOUNT (Line 8): ACCOUNT 421.000500.018.5960.0034.65.55290/55290/5354 421.000600.018.5960.0038.65.65380/65380/5353 CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION I, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM i Signed: $268,150.25 $98,378.90 $14,113.18 $22, 793.52 $24, 839.18 $10,663.17 GRAND TOTAL $74,660.64 # 3 $34,381.43 $12,366.88 # 3 $10,426.64 $366,529.15 $36,906.70 $35,502.35 $438,938.20 $109,042.07 $22,793.52 TOTAL THIS ESTIMATE: $131,835.59 uur, 1 * Zml cor/ol —pEL G- 4-a ! Printed On: 6/14/01 City of Renton Public Works Department Page 1 Project: South Renton Water Main/Storm Sewer Replacement Phase I Contract Number CAG-01-008 ontractor Katspan, Inc. C/O Travelers Casualty & Surety Company Pa Estimate 3 Y Closing Date_ 6/7/01 Item Description Unit Est. Unit Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount 045. 046. Remove, Restore.Lawn, Landscaping Restoration Replace, Pavement Markings & Traffic Buttons Lump Sum Lump Sum 1 1 $7,500,00 $2,750.00 0.1 01 $750.00 $275.00 0.00 0 00 $0,00 $0.00 0.10 0.10 $750.00 $275.00 047, Re -Establish Monumnets Each 4 $250.00 0 $0.00 0.00 $0.00 0.00 $0.00 048, CO# 1 re-establish vertical survey control Lump Sum 1 $3,720.00 0 $0.00 1.00 $3,720.00 1.00 $3,720.00 049. Change Order #2 Extra excavation due to concrete encased sewer main Each 1 $974.16 0 $0.00 1.00 $974.16 1.00 $974A6 050. Change Order#3 Extra excavation and materials for F.H. at Sta. 54+03 Each 1 $883.23 0 $0.00 1.00 $883.23 1.00 $883.23 051. Change Order # 4 Establish property comers for Staging Area Lump Sum 1 $1,185 00 0 $0.00 1.00 $1,185.00 1 00 $1 185 00 052. Change Order #5 Remove CB #24A for anlhroplogical analysis of trench Each 1 $371.15 0 $0.00 1.00 $371.15 1.00 $371.15 Subtotal $282,263.43 $121,172.42 $403,435.85 8.8 % Sales Tax $24,839.18 $10,663.17 $35,502.35 TT Total $307,102.61 $131,835.59 $438,938.20 Project: South Renton Water Main/Storm Sewer Replacement Phase I Contract Number: CAG-01-008 ontrador Katspan, Inc. C/O Travelers Casualty & Surety Company Pay Estimate 3 Closing Date: 617/01 Item Description Unit Est. Unit Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount 001. Mobilization & Demobilization 002. Trench Excavation Safety Systems 003. Construction and As -built Survey Data 004. Traffic Control 00& Temporary Erosion/Sedimentation Controls 006. 12" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) 007. 10" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) 008. 8" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) 009. 6" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) 010. 4" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) 011. 12" gate valve assembly (no Vault) 012. 10" gate valve assembly (no Vault) 013. B" gate valve assembly (no Vault) 014. 6" gate valve assembly (no Vault) 015. 4" gate valve assembly (no Vault) 016. Furnish & Install 24" x 12" Tapping G.V. Assembly 017. Furnish & Install 18" x 12" Tapping G.V. Assembly 018. Fire Hydrant Assembly 019. 3/4" Water Service Connection 020. 1" Water Service Connection 021. 1-112" Water Service Connection 022. 2" Water Service Connection 023. Connection to existing water main 024. Concrete for Thrust Blocking, Dead -Man Anchor Blocks 025. Removal of Existing fire hydrants, valve boxes & other appurtenances 026. Furnish & Install 18" CPEP Storm Pipe 027. Furnish & Install 12" CPEP Storm Pipe 028. Furnish & Install 18" Ductile Iron Storm Pipe 029. Furnish & Install 12" Ductile Iron Storm Pipe 030. Furnish & Install CB Type -II, 48-Inch 031. Furnish & Install CB Type -I 032. Side Sewer Adjustment 033. Remove & Dispose Existing Storm Manholes Lump Sum 1 Lump Sum 1 Lump Sum 1 Lump Sum 1 Lump Sum 1 Linear Foot 3450 Linear Foot 300 Linear Foot 35 Linear Foot 60 Linear Foot 36 Each 19 Each 13 Each 2 Each 2 Each 1 Each 2 Each 2 Each 17 Each 60 Each 1 Each 2 Each 1 Each 11 Cubic Yard 30 Lump Sum 1 Linear Foot 373 Linear Foot 2519 Linear Foot 292 Linear Foot 483 Each 28 Each 42 Each 30 Each 3 $70.000.00 $3,500.00 $5,500.00 $15,000.00 $1,500.00 $55.00 $35.00 $30.00 $27.00 $24.00 $1,250.00 $1,050.00 $650.00 $500.00 $350.00 $3,450.00 $3,250.00 $2,250.00 $650.00 $600.00 $1,250.00 $1,350.00 $1,250.00 $150.00 $1,000.00 $27.00 $20.00 $40.00 $30.00 $2,D00.00 $850.00 $500.00 $400.00 034. Remove & Dispose Existing Storm Water Pipe (Including Pipe Plugs) Lump Sum 1 $1,150.00 035. Remove & Dispose Existing Catch Basin Type -I Each 9 $350.00 036. Remove & Replacement of Unsuitable Foundation Material Ton 330 $25.00 037. Furnish & Install Quarry Spalls Ton 175 $18.00 038. Select Imported Trench Backfill Ton 2675 $12.00 039. Crushed Surfacing Top Course & Crushed Rock Backfill Ton 970 $18.00 040. Controlled Density Fill Cubic Yard 12 $90.00 041. Asphalt Patch Class B Ton 620 $65.00 042. Asphalt Patch Class B, or ATB for Temp. Patch Ton 1200 $60.00 043. Remove & Replace Sidewalk & Driveway Square yard 40 $40.00 044. Remove & Replace Curb & Gutter Linear Foot 150 $20.00 0.7 $49,000.00 0.30 $21,000.00 1.00 $70,000.00 0.52 $1,820.00 0.00 $0.00 0.52 $1,820.00 0.7 $3,850.00 0.00 $0.00 0,70 $3,850.00 0.52 $7,800.00 0.00 $0.00 0,52 $7,800.00 0.52 $780.00 0.00 $0.00 0,52 $780.00 1633 $89,815.00 487.00 $26,785.00 2120.00 $116,600.00 76 $2,660.00 19.00 $665.00 95.00 $3,325.00 5 $150.00 0.00 $0.00 5.00 $150.00 0 $0.00 0.00 $0.00 0.00 $0.00 0 $0.00 0.00 $0.00 0.00 $0.00 8 $10,000.00 0.00 $0.00 &00 $10,000.00 4 $4,200.00 1.00 $1,050.00 5.00 $5,250.00 0 $0.00 1.00 $650.00 1.00 $650.0D 0 $0.00 0.00 $0,00 0.00 $0.00 1 $350.00 0.00 $0.00 1.00 $350.00 2 $6,900.00 0.00 $0.00 2.00 $6,900.00 0 $0.00 1.00 $3,250.00 1.00 $3,250.00 4 $9,000.00 4.00 $9,000.00 8.00 $18,000.00 0 $0.00 17.00 $11,050.00 17.00 $11,050.00 0 $0.00 0.00 $0.00 0.00 $0.00 0 $0.00 0.00 $0.00 0.00 $0.00 0 $0.00 0.00 $0.00 0.00 $0.00 3 $3,750.00 1.00 $1,250.00 4.00 $5,000.00 22.75 $3,412.50 5.00 $750.00 27.75 $4,162.50 0 $0.00 0.00 $0.00 0.00 $0.00 134 $3,618.00 0.00 $0.00 134.00 $3,618.00 385 $7,700.00 240.00 $4,800.00 625.00 $12,500.00 20 $800.00 172.00 $6,880.00 192.00 $7,680.00 84 $2,520.00 0.00 $0.00 84.00 $2,520.00 5 $10,000.00 4.00 $8,000.00 9.00 $18.000.00 2 $1,700.00 0.00 $0.00 2.00 $1,700.00 2 $1,000.00 2.00 $1,000.00 4.00 $2,000.00 2 $800.00 0.00 $0.00 2.00 $800.00 0 $0.00 0.00 $0.00 0.00 $0.00 0 $0.00 0.00 $0.00 0.00 $0.00 51.65 $1,291.25 0.00 $0.00 51.65 $1,291.25 81.15 $1,460.70 0.00 $0.00 81.15 $1,460.70 2156.39 $25,87&68 296.48 $3,557.76 2452.87 $29,434.44 669.75 $12,055.50 457.34 $8.232.12 1127.09 $20,287.62 22.9 $2,061.00 -22.90 ($2,061.00) 0.00 $0.00 0 $0.00 0.00 $0.00 0.00 $0.00 281.13 $16,867.80 131.00 $7,860.00 412.13 $24,727.80 0 $0.00 8.00 $320.00 8.00 $320.00 0 $0.00 0.00 $0.00 0.00 $0.00 BOND UNIT, ATTN: D. WUJEK 3PB 1 TOWER SQUARE HARTFORD, CT 06183 CAP A-101-BND-001163047-0000044338-0286 Fleur Company, Inc. Monroe Avenue NE Renton WA 98056 TravelersPropertyCasualty�dft1 Am..e. a TrawlersGroup DISBURSEMENT PROCESSING FORMAT: BD2 DATE: 06/1 2/01 PAYEE: BND-001163047 CHECK NUMBER: 00132165 CHECK AMOUNT: $******9,603.00 FOR PAYMENT INFORMATION PHONE: SEE BELOW Claim: 091SC685764RG, M Bond: 081SB103355963BCM Mgrl: Kevin Lybeck Phone: (253) 946-7172 Principal: Katspan Inc Contract: City of Renton CAG 01-008 /1' /�' - o r— DETACH HERE 11.44 TravelersPropertyCasualty J 119 AM..b aTra�eelenGroup Fleet Bank A-1 01 -BND-001 1 63047-0000044338-0286 Hartford, CT 06115 FOR PAYMENT INFORMATION PHONE: SEE BELOW NINE THOUSAND SIX HUNDRED THREE AND ** PAY NO/100 DOLLARS *********************** ************************************** PAY TO THE Fleur Company, Inc. ORDER OF Monroe Avenue NE Renton WA 98056 THIS CHECK HAS A RED BACKGROUND FULL AND FINAL RELEASE 0289 DETACH HERE; CHECK NUMBER 00132165 FORMAT393 DATE 06/12/01 $******9,603.00******* Ok� AUTHORIZED SIGNATURE 11800 13 2 16 50 i:0 I Igoo 4 4 5i: 6 1 2 3 30 0 TAKEOVER AGREEMENT BETWEEN TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA m CITY OF RENTON This is a Takeover Agreement dated August , 2001 between Travelers Casualty and Surety Company of America ("Surety") and the City of Renton, Washington, a municipal corporation of the State of Washington ("Owner") RECITALS A. On or about March 14, 2001, Owner entered into a Contract for the South Downtown Water Main & Storm Sewer Replacement Phase 1, Contract No. CAG-01-008 (hereinafter "General Contract") with Katspan, Inc., (hereinafter "Principal"). B. As required by the General Contract, Surety and Principal jointly issued a "Bond to the City of Renton" numbered 103355963 dated March , 2001 in the amount of $912,995 naming the Owner as Obligee (hereafter "Bond"). C. By letter dated July 31, 2001 Principal informed Owner of its inability to complete the General Contract and requested that Owner and Surety take such action as they deem necessary or desirable under the General Contract and the Bond to ensure completion of the project. D. As of the date of Principal's default, work remained to be performed under the General Contract (hereinafter "Remaining Work"). E. Surety has agreed to complete the Remaining Work, subject to the terms and conditions of this Agreement. Takeover Agreement — Page 1 of 1 NOW, THEREFORE, based on the exchange of valuable consideration, the receipt and sufficiency of which is acknowledged, and based on the Recitals set forth above which form a part of this Agreement, Surety and Owner agree to the following terms and conditions: TERMS AND CONDITIONS 1. Recitals. The above recitals and the terms and conditions are contractual and not merely recitals and the agreements contained herein and consideration transferred are to satisfy rights and obligations between Owner and Surety. 2. Incorporation of the General Contract. The General Contract is incorporated by reference into this Agreement, including, without limitation, the Instructions for Bidders, the General Contract Terms and Conditions, the Plans or Drawings, and any Special Conditions and Specifications, and all addenda and modifications to those documents issued in accordance with the General Contract. The General Contract also includes, and is modified by any approved Change Orders identified in attached Exhibit "A". 3. The Current Estimated General Contract Amount. The Owner represents that as of the date of this Agreement, the initial General Contract amount, as amended, of $922,928.06 (consisting of original contract balance of $915,166.77 and approved Change Orders #1 - #5 totaling $7,761.29) has been decreased by payments through pay estimate #5 totaling $$493,372.74 (comprised of $450,577.63 on line 6 of pay estimate #5 and sales tax (100%) of $42,795.11) for a current estimated General Contract balance of $$465,285.62 (including retention of $35,730.70) through Pay Estimate #5 (hereinafter "Estimated General Contract Amount"). The final amount to be paid under the General Contract, and this Takeover Agreement — Page 2 of 2 Agreement, shall be derived based on the work in place, valued at the unit and/or lump sum prices set under the General Contract. Except for potential liquidated or delay damages, Owner represents that there are presently no other pending or contemplated backcharges in favor of Owner, or other claims of Owner against Principal related to the General Contract or the Project, which might result in any decreases in, or withholding from, the amount, including the retainage, remaining to be paid under the General Contract. The Estimated General Contract Amount shall be increased by the value of any proposed Change Orders subsequently approved by the Owner. The Owner agrees that the Estimated General Contract amount is dedicated to and will be applied to the completion of the General Contract pursuant to this Agreement. 4. Percentage of Completion and Prior Payments. Owner represents that, as of the date of this Agreement, Principal and/or Surety, for the account of Principal, have been paid $493,372.74through Payment Requisition No. 5 under the General Contract, and that the Owner is presently holding accrued retainage of $35,730.70under the General Contract. Final payment, including the payment of all accrued retainage, under the General Contract and this Agreement, shall be subject to the Owner's final quantification and approval of the work provided under the General Contract and satisfaction of all other contractual requirements imposed by the General Contract as a condition precedent to such final payment excluding however any such requirements regarding payment by or on behalf of Principal of its subcontractors, vendors or taxes, but not taxes owed pursuant to Chapter 60.28 RCW entitled Liens for labor material, taxes on public works. 5. Liens and Assignments Against General Contract Funds. Owner represents that as of the date of this Agreement, assignments or encurnbrances against the Contract Funds identified in Exhibit "B" have been filed with, or served upon Owner in connection with the General Contract. Owner represents that it is Takeover Agreement — Page 3 of 3 not aware of any other assignments or encumbrances (hereinafter "Contract Fund Creditors") against the Contract Funds in connection with the General Contract. Surety shall defend (at Surety's expense, using its counsel), indemnify and hold harmless Owner and all of its directors and employees from and against any and all claims of every description made by the Contract Fund Creditors arising as a consequence of payments made to Surety under this Agreement. The Surety's defense and indemnity obligations to the Owner for claims by Contract Fund Creditors shall be limited to: (i) the total amount paid by the Owner to the Surety pursuant to this Agreement with respect to those third parties who do not qualify as "Claimants" under the Bond, or (ii) the penal amount of the Bond with respect to those third parties who do qualify as "Claimants" under the Bond. 6. Surety to Perform Remaining Work. Surety shall be responsible for the completion of the Remaining Work. Surety shall perform the Remaining Work through one or more Completing Contractors (hereinafter "Completing Contractor") which it shall engage. All Completing Contractors shall be subject to the qualification requirements of the Owner imposed by the General Contract for those entities performing the type of work contemplated by the General Contract. 7. Owner's Obligations Under the General Contract. Except to the extent provided in this Agreement, Owner and Surety shall have all rights, obligations and responsibilities under the General Contract with respect to each other, to the same extent and effect as if Surety had executed the General Contract initially instead of Principal and Principal had not defaulted. 8. Owner's Right With Respect to Changes in the Work. Owner reserves the right, to the extent appropriate under the General Contract, to issue further Change Orders. The terms of these Change Orders, including the attendant extensions of time and valuation of the Change Order work, shall be determined as provided in the General Contract. Surety reserves the right to refuse to perform any Takeover Agreement — Page 4 of 4 extra or additional work if such work constitutes alone, or in the aggregate with all prior Change Order work, a cardinal change (meaning significant change in design, nature or location of the work) under the General Contract. Further, in the event the Owner seeks the performance of additional work that is not subject to valuation by application of the unit and/or lump sum prices set under the General Contract, it shall negotiate the appropriate value for such work with Surety. 9. Schedule for Completion of Remaininq Work and New Completion Date. Surety, through its Completing Contractor or Contractors, will coordinate and cooperate with Owner in formulating a schedule for the completion of the Remaining Work. Further, Owner agrees to grant Surety the full benefit of whatever extensions of time and other associated relief, including for excusable delays that are appropriate under the General Contract. Owner reserves the right to assess liquidated damages against the surety in accordance with the General Contract in the event the work required by the General Contract is not completed by the Completion Date as adjusted for any allowable time extensions. 10. Completing Contractors. Each Completing Contractor shall be a subcontractor to Surety, and no contractual relationship, pursuant to this Agreement, shall exist between Owner and any Completing Contractor. Each Completing Contractor shall provide all insurances required under the Subcontract, but shall not be required to provide payment and/or performance bonds, unless requested to do so by Surety. Surety reserves the right to terminate its Contract with a Completing Contractor at any time, upon three days' prior written notice to Owner and to contract with another Completing Contractor. Routine day-to-day operations and decisions as to the manner of performance of the Remaining Work shall be made by the Completing Contractors, subject to the terms and conditions of the General Contract, provided, however, that the Completing Contractors have no authority to: (i) agree to any changes in the General Contract or Remaining Work, - Takeover Agreement — Page 5 of (ii) agree to any Change Orders; (iii) agree to any backcharges or deductions of any nature; (iv) agree to any schedule changes; (v) agree to any adjustments in the General Contract amount or Remaining Work; or (vi) agree to perform warranty work of the Principal or future corrective work as a result of latent defect(s) in the work performed by the Principal, without the Surety's prior express written consent which shall be delivered to Owner as a condition precedent to the Completing Contractor(s) negotiating items (1) through (vi). The Remaining Work shall be subject to inspection and acceptance by the Owner, as provided in the General Contract. A copy of all written communication by Owner directed to a Completing Contractor shall be forwarded to Surety on a current basis by telecopier. All communications concerning matters of contract administration (i.e., contractual or other notices required by law, payments, Change Orders, extensions of time, delays, claims, among other matters) shall be communicated to a Completing Contractor only in writing, with a copy forwarded to Surety on a current basis by telecopier. 11. Pavments to Suretv Release of Bond upon Exhaustion of Bond's Penal Amount. The Estimated General Contract Amount shall be paid to Surety as It completes the Remaining Work: (i) in periodic, monthly payments, based on the value of the work in place, or stored, calculated in accordance with the unit and lump sum prices set under the General Contract, less retainage withheld in accordance with the General Contract; and (ii) in a final payment once the Remaining Work is entirely complete, based on the Owner's final review, quantification and acceptance of the Remaining Work, valued in accordance with the unit and lump sum prices set under the General Contract, and in satisfaction of all other conditions precedent established under the General Contract for final payment. Surety agrees to expend such of its own funds as may, from time to time, be necessary to pay for completion of the Remaining Work and to pay appropriate Takeover Agreement — Page 6 of 6 claims; provided, however, that Surety's performance and payment obligation, over and above the amount paid by the Owner and received by the Surety under this Agreement, shall, in no event, exceed, and it is hereby expressly limited to, the expenditure of the penal amount of the Bond as reduced by all amounts expended by Surety including, but not limited to, all expenditures made to complete the Remaining Work, and satisfy all claims under the Bond. For each dollar the Surety so expends pursuant to the Bond, the Surety shall receive a corresponding dollar for dollar reduction in the penal amount of the Bond. If, out of its own funds, the Surety either expends, or is committed to expend, the full penal amount of the Bond for any one or more of the following: (i) for work completed under the General Contract; (ii) for work in progress under the General Contract; or (iii) for all damages and settlements arising from claims under the Bond, then the Surety shall have no further obligation of any description to Owner arising out of, or in connection with, the Bond, and Surety's completion of the work, at the Surety's option, will cease. The Owner will remain obligated to pay Surety all earned amounts due under the General Contract, or this Agreement, including retention, notwithstanding the Surety ceasing work. Surety agrees to use its best efforts to notify Owner of its intention to cease work 30 calendar days before the exhaustion of the Bond's penal amount. All payments made by Surety previously, and those made in the future, have been and will be credited against the penal amount of the Bond, less the amount paid to Surety under the General Contract. Nothing in this Agreement constitutes a waiver of such penal amount or an increase in the liability of the Surety under the Bond. Surety agrees to investigate all proper payment claims made against it, but shall have the right to settle, compromise, defend, appeal, pay or dispute such claims as it, in its sole and complete discretion, may deem appropriate. In no event shall the Owner withhold any portion of the Estimated General Contract Amount, except for statutory retainage, on account of claims, liens, suits or demands by Takeover Agreement — Page 7 of 7 person or entities furnishing or alleging to have furnished labor and/or materials to the Project; provided, however, that the Surety shall defend, indemnify and hold harmless the Owner from any loss which may arise by virtue of such claims, liens, suits and demands, subject to the penal amount of the Bond, as reduced by the payments made by the Surety pursuant thereto. 12. Payment Requisitions. Surety, through its Completing Contractor or Contractors, shall submit to the Owner whatever information or documentation is required regarding the work performed under the General Contract, and stored materials, to conform to and support the requisition process and schedule established under the General Contract. Owner recognizes that Surety shall be completing the Remaining Work through the services of one or more Completing Contractors. Accordingly, Owner shall accept the Completing Contractors' representations and certifications with respect to all aspects of the work, progress of the work, quality of the work, conformance of the work to the requirements of the General Contract, payments to others, warranty and maintenance of the work, and all other matters pertinent to the General Contract, wherever such representations are required by the General Contract, as if those representations had been made by Surety, since Surety may have no personal knowledge of such matters. 13. No Offsets Against Payments to Sure. All monies due, and to become due, pursuant to the General Contract and this Agreement, including, without limitation, progress payments, payments for extra work or additional work orders, retention and final payment, for work on behalf of Surety by its Completing Contractors, shall be made to Surety unconditionally and without offset, including, but not limited to, any offset for claims: (1) made by the Principal's creditors; or (ii) made by parties claiming the monies due, or that become due, pursuant to the General Contract. Further, Owner shall not withhold payments to Surety based on a failure of Principal to provide Owner with any certificates of insurance or sales tax Takeover Agreement — Page 8 of 8 4 clearances but owner may withhold funds for tax owed pursuant to Chapter 60.28 RCW. All payments shall be made directly to Surety by check payable to Surety, at the address stated in paragraph 15 of this Agreement. 14. Satisfaction of Surety's Performance Obligation. The acceptance of the Remaining Work under the General Contract by the Owner or the expenditure by the Surety of the Bond penal amount, whichever comes first, shall satisfy Surety's performance obligations under the General Contract, its Bond and this Agreement. Owner represents that Principal would have been required to complete all of its obligations under the General Contract had it not been in default and that, prior to the date of this Agreement, Owner had not made any agreement with Principal that any item of work included in the General Contract would not have to be performed except to the extent provided in the approved Change Orders identified in attached Exhibit "A." 15. Notices. All notices and correspondence to Owner shall be mailed certified mail, return receipt requested, with a copy by telecopier to: Abdoul Gafour Water Utility Engineering Supervisor City of Renton Renton City Hall — 5th Floor 1055 South Grady Way Fax: (425) 430 —7241 All notices and correspondence to Surety shall be mailed certified mail, return receipt requested, with a copy by telecopier to: Travelers Casualty and Surety Company of America Attn: Mr. Gerald M. Ormiston 3455 South 344th Way, Suite 200 Auburn, WA 98001 Fax: 253-946-7156 Takeover Agreement — Page 9 of 9 { 16. No Third Party Rights. Nothing in this Agreement shall be deemed to create any rights in favor of, or to inure to the benefit of any third party or parties, or to waive or release any defense or limitation against third party claims. 17. All Claims Referred to Surety. Owner recognizes that Surety may be liable to unpaid suppliers and subcontractors of Principal. Owner agrees to make no representations or promises of payment to these suppliers and subcontractors and to refer all inquiries to Surety. 18. Surety's Performance Rights Confirmed. Nothing shall limit Surety's rights as a Completing Surety under the General Contract and applicable law. Owner hereby recognizes those rights, including the right of equitable subrogation that affords to Surety all rights and remedies of Owner against Principal, such as offset, and withholding, among others. Further, Owner also recognizes Surety's subrogation to the rights as a performing Surety under the General Contract, including the right to additional compensation or damages where allowed or appropriate under the General Contract or applicable law for claims or matters arising after the date of this Agreement. The Owner expressly agrees and acknowledges: (i) that Surety is entering into this Agreement not as a contractor, but as a means of satisfying the Surety's performance obligations under the Bond-, and (ii) that the Surety has provided to Owner the Completing Contractor, a fully licensed contractor, to finish the project. 19. Agreement Binding on Successors. This Agreement shall be binding upon the successors and assignees of Surety and Owner. 20. No Modification Except in Writing_ This Agreement cannot be modified except in a writing signed by both Owner and Surety. 21. Terms of General Contract and/or BondControl. In case of conflict between the provisions of this Agreement and the provisions of the General . Contract and/or Bond, the General Contract and Bond shall control. Further, this Takeover Agreement — Page 10 of 10 i Agreement, the General Contract and the Bond constitute the entire Agreement between Owner and Surety and, together, supersede all prior negotiations, representations, offers, other writings and oral statements of every description. 22. Washington Law Applies. This Agreement and the performance under this Agreement, shall be governed by, and construed in accordance with the laws of the State of Washington. In any suit, action, or proceeding that may be brought arising out of, or in connection with, or by reason of this Agreement, the laws of the State of Washington shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which any suit, action, or proceeding may be instituted. 23. No Waiver. The failure of either party to exercise in any respects a right provided for in this Agreement shall not be deemed to be a subsequent waiver of the same right or of any other right. 24. No Claims. Surety and Owner agree that the terms of this Agreement contemplate, provide for, and resolve whatever claims, whether based on General Contract, common law or otherwise, that one may have against the other, related to, or arising from, in any manner, the Project, the Principal or Surety's Bond, known as of the date of this Agreement. 25. Counterparts. This Agreement may be executed in any number of counterparts each of which when executed and delivered shall be deemed to be an original with all counterparts constituting but one and the same instrument. The execution of this Agreement by any parties hereto will not become effective until counterparts hereof have been executed by all parties. 26. Construction. The Owner and Surety have been represented by counsel who has materially participated in the authorship of this Agreement, it being understood that the rule of construction that a written agreement is construed Takeover Agreement — Page 11 of 11 i against the party drafting or preparing such agreement shall not be applicable to the interpretation of this Agreement. WHEREFORE, Surety and Owner have executed this Agreement by their authorized representatives. DATED: DATED: CITY OF RENTON Its: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Its: Bond Claim Manager Takeover Agreement — Page 12 of 12 CITY OF RENTON ..at Office of the City Attorney Jesse Tanner, Mayor Lawrence J. Warren August 7, 2001 Gerald M. Ormiston Travelers Property Casualty 3455 So. 344 Way, Suite 200 Auburn, WA 98001 Re: Katspan Inc. Dear Gerry: RECEIVED AUG - 8 2001 CITY OF RENTON UTILITY SYSTEMS This letter is a follow up to our telephone conversation of August 6, 2001. I promised you that I would have some suggested language to the areas I would like changed in your agreement. The first suggested changes would be to Section 4, on page 3, next to the last line wherein you mention the word "taxes", I would suggest that that be changed to read "subcontractor's vendors or taxes, but not taxes owed pursuant to Chapter 60.28 RCW entitled Liens for labor material taxes on �- Public works". The next change is on page 7, four lines from the bottom, after the words "Estimated General Contract Amount", I would add the words "except for statutory retainage". 0 The next change would be to Section 13, third line from the bottom, where I would suggest that the word "tax" be changed to "sales tax clearances but owner may withhold funds for tax owed O pursuant to Chapter 60.28 RCW". The last change I would make is to Section 21, the first sentence wherein you have "this agreement controlling over the general contract and/or bond". I think you have that backwards and the general O contract and/or bond should control over the agreement. The operative agreements are the general contract and the bond and this agreement is simply a method of handling the discharge of the obligations under the general contract and bond. If something in the agreement conflicts with the general contract or bond, it is modifying your obligations under one of those two documents. It was nice talking to you again. I hope we can quickly get this job finished. Ve ly yours, O'Lawrence J. rren City Attorney LJW:tmj T10.31:31 cc: Abdoul Gafour Ron Straka Post Office Box 626 - 1`0000 S. 2nd Street - Renton, Washington 98057 - (425)255-8678 6 �- tt.11 Jesse Tanner, Mayor To: From: Date: Subject: MEMORANDUM Abdoul Gafour Lawrence J. Warren, City Attorney June 11, 2001 CITY OF RENTON Office of the City Attorney Lawrence J. Warren RECEIVEr` Payment for Construction Contract with Katspan Inc. JUN 12 2001 C,ITy OF SYSTEMSS O The City may make progress payments directly to the contractor's bonding company pursuant to the assignment by the contractor to the surety. The City may withhold from the payment liquidated damages owing to the City and amounts owing for wages, or to subcontractors or materialmen. If the bonding company shows proof of payment then we may release the extra retainage to it. We should try and coordinate payments with the bonding company as much as possible. Lawrence J. Warren LJW:tmj cc: Lys Hornsby Gregg Zimmerman Jay Covington Mike Webby Post Office Box 626 - 100 S 2nd Street - Renton, Washington 98057 - (425) 255-8678 ® This paper contains 50 % recycled material, 20 % post consumer en tend ]BOND TO THE CffY OF ]RENrON Bond No. 103355963 KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned Katspan, Inc. Travelers Casualty and Surety as principal, and Company of America corporation organized and existing under the laws of the State of Connecticut as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety are jointly and severally held and firmly bound to the City of Renton in the penal sum of 7;94 s nn______ for the payment of which sum on demand we bind ourselves and our. successors, heirs, administrators or person representatives, as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinance of the City of Renton_ Dated at ^ lQ��, Washington, this _1` day of 200I. Nevertheless, The conditions of the above obligation are such that: WHEREAS, under and pursuant to Public Works Construction Contract CAG - providing for construction of South DowntoWn Water Main & Storm Sewer Replacement, Phase 1 (project name) the principal is required to furnish as bond for the faithful performance of the contract; and WHEREAS, the principal has accepted, or is about to accept, the contract, and undertake to perform the work therein provided for in the manner and within the time set forth; NOW, THEREFORE, if the principal shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, subcontractors and material handling then, and all persons who shall supply said principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold said City of Renton harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City of Renton harmless from any damage or expense by reason of failure of performance as specified in the contract or from defects appearing or developing in the material or worlananship provided or performed under the contract within a period of one year after its acceptance thereof by the City of Renton, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect_ Katspan, Inc. Principal Signature Title Travelers Casualty and Surety Company Su O erica Si tune Julie M. Glover Title Attorney -in -Fact H'\DIVISION.S\UI'ILITIE.S\WATER\RICK\WiLLIAMS\Williains_o2\SRentonbidpak.DCC Page 8 CONTRACTS OTHER THAN FEDERAL_AID FHWA THIS AGREEMENT, made and entered into this / =� day of ��� ,�, between THE CITY OF RENTON, Washington, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and Katsp_ an`Inc. hereinafter referred to as "CONTRACTOR." WITNESSETH: 1) The Contractor shall within the time stipulated, (to -wit: within(120) one hundred twenty working days from date of commencement hereof as required by the Contract, of which this agreement is a component part) perform all the work and services required to be performed, and provide and —: furnish all of the labor, materials, appliances, machines toot on services necessary to perform the Contract, and shall complete uthe construct onipment, utilitynandansportatiinstallation work in a workmanlike manner, in connection with the City's Project identifie CAG-01-008 for' by construction and installation of: South Downtown Water Ma nas & Storm Sewer Replacement Phase 1. All the foregoing shall be timely performed, furnished, constructed, installed and completed in strict conformity with the plans and specifications, including any and all addenda issued by the City and all other documents hereinafter enumerated, and in full compliance with all applicable codes, ordinances and regulations of the City of Renton and any other governmental authority having jurisdiction thereover. It is further agreed and stipulated that all of said labor, materials, appliances, machines, tools, equipment and services shall be furnished and the construction installation performed and completed to the satisfaction and the approval of the City's Public Works Director as being in such conformity with the plans, specifications and all requirements of or arising under the Contract. 2) The aforesaid Contract, entered into by the acceptance of the Contractors bid and signing of this agreement, consists of the following documents, all of which are component parts of said Contract and as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached. a) This Agreement b) Instruction to Bidders c) Bid Proposal d) Specifications e) Maps and Plans i Bid g) Advertisement for Bids h) Special Provisions, if any i) Technical Specifications, if any II DIVISION.S\Ul II II-II:.S\WnTI:R\RIC'K'WILl_I:\�,IS\Williams 02 SRcntonbidnak.D0( .,_ 3) If the Contractor refuses or fails to prosecute the work or any part thereof, with such diligence as will insure its completion within the time specified in this Contract, or any extension in writing thereof, or fails to complete said work with such time, or if the Contractor shall be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver shall be appointed on account of the Contractor's insolvency, or if he or any of his subcontractors should violate any of the provisions of this Contract, the City may then serve written notice upon him and his surety of its intention to terminate the Contract, and unless within ten (10) days after the serving of such notice, such violation or non-compliance of any provision of the Contract shall cease and satisfactory arrangement for the correction thereof be made, this Contract, shall, upon the expiration of said ten (10) day period, cease and terminate in every respect. In the event of any such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor and the surety shall have the right to take over and perform the Contract, provided, however, that if the surety within fifteen (15) days after the serving upon it of such notice of termination does not perform the Contract or does not commence performance thereof within thirty (30) days from the date of serving such notice, the City itself may take over the work under the Contract and prosecute the same to completion by Contract or by any other method it may deem advisable, for the account and at the expense of the Contractor, and his surety shall be liable to the City for any excess cost or other damages occasioned the City thereby. In such event, the City, if it so elects, may, without liability for so doing, take possession of and utilize in completing said Contract such materials, machinery, appliances, equipment, plants and other properties belonging to the Contractor as may be on site of the project and useful therein. 4) The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the City. 5) Contractor agrees and covenants to hold and save the City, its officers, agents, representatives and employees harmless and to promptly indemnify same from and against any and all claims, actions, damages, liability of every type and nature including all costs and legal expenses incurred by reason of any work arising under or in connection with the Contract to be performed hereunder, including loss of life, personal injury and/or damage to property arising from or out of any occurrence, omission or activity upon, on or about the premises worked upon or in any way relating to this Contract. This hold harmless and indemnification provision shall likewise apply for or on account of any patented or unpatented invention, process, article or appliance manufactured for use in the performance of the Contract, including its use by the City, unless otherwise specifically provided for in this Contract. In the event the City shall, without fault on its part, be made a party to any litigation commenced by or against Contractor, then Contractor shall proceed and hold the City harmless and he shall pay all costs, expenses and reasonable attorneys fees incurred or paid by the City in connection with such litigation_ Furthermore, Contractor agrees to pay all costs, expenses and reasonable attorney's fees that may be incurred or paid by Cit-• in the enforcement of any of the covenants, provisions and agreements hereunder. Nothing herein shall require the Contractor to indemnify the City against and hold harmless the City, from claims, demands or suits based solely upon the conduct of the City, its officers or employees and provided further that if claims or suits are caused by or result from the concurrent negligence of (a) the Contractor's agents or employees and (b) the City, its agents, officers and employees, and involves these acti,�n: covered by RCW 4.24.1IS. this indemnity provision %%ith its ba.cd upon ,uch concurrent ne�,ligence shall be valid and enforceable only respect to claims or su H DIVISION.S\U 111.1 HE.S\WA11.1 1\.IvIS\Williams 01\SKentonbidpak.DO C Page 1 I gligence or the negligence of the Contractor's agents or to the extent of the Contractors ne employees. 6) Any notice from one party to the other party under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by its duly authorized representative of such party. Any such notice as heretofore specified shall be given by personal delivery thereof or by depositing same in the United States mail, postage prepaid, certified or registered mail. 7) The Contractor shall commence performance of the Contract no later than 10 calendar days after Contract final execution, and shall complete the full performance of the Contract not later thanone- hundred twenty [1201 working days from the date of commencement. For each and every working day of delay after the established day of completion, it is hereby stipulated and agreed that the damages to the City occasioned by said delay will be the sum of per Section 1-08.9 of Standard Specifications as liquidated damages (and not as a penalty) for each such day, which shall be paid by the Contractor to the City. 8) Neither the final certificate of payment not any provision in the Contract nor partial or entire use of any installation provided for by this Contract shall relieve the Contractor of liability in respect to any warranties or responsibility for faulty materials or workmanship. The Contractor shall be under the duty to remedy any defects in the work and pay for any damage to other work resulting therefrom which shall appear within the period of one (1) year from the date of final acceptance of the work, unless a longer period is specified. The City will give notice of observed defects as heretofore specified with reasonable promptness after discovery thereof, and Contractor shall be obligated to take immediate steps to correct and remedy any such defect, fault or breach at the sole cost and expense of Contractor. 9) The Contractor and each subcontractor, if any, shall submit to the City such schedules of quantities and costs, progress schedules, payrolls, reports, estimates, records and miscellaneous data pertaining to the Contract as may be requested by the City from time to time. 10) The Contractor shall furnish a surety bond or bonds as security for the faithful performance of the Contract, including the payment of all persons and firms performing labor on the construction project under this Contract or furnishing materials in connection with this Contract; saidbond to be in the full amount of the Contract price as specified in Paragraph 11. The surety or sureties on such bond or bonds must be duly licensed as a surety in the State of Washington. II INVISION.SAA11.1VIL-S\WAI'ER\RICK�Wlt I I.\MS\William>-1)2\•SRentonbidpak.DO(' PaeC 1_' l l) The total amount of this contract is the sum of $ 915,166.77numbers ine Hundred Fifteen Hundred Sixty -Six Dollars and 77/100 which includes Washington State Sales Tax. Payments will be made to Contractor as specified in the "General Requirements" and this Contract Document. IN WITNESS WHEREOF, the City has caused these presents to be signed by its Mayor and attested by its City Clerk and the Contractor has hereunto set his hand and seal the day and year first above -written. CONTRACTOR Ptesident/Partner/Owner a .C/Yl� V I Secretary dba Firm Name CITY OF RENTON MdAr E T m/ City Clerk Check one ❑ Individual ❑ Partnership ❑ Corporation Incorporated in Attention: If business is a CORPORATION, name of the corporation should be listed in full and both President and Secretary must sign the contract, OR if one signature is permitted by corporation by-laws, a copy of the by- laws shall be furnished to the City and made a part of the contract document. If business is a PARTNERSHIP, full name of each partner should be listed followed by d/b/a (doing business as) and firm or trade name; any one partner may sign the contract. If business is an INDIVIDUAL PROPRIETORSHIP, the name of the owner should appear followed by d/b/a and name of the company. H:\DIVISION.S\UTILITIE.S\WATER\RICK\WILLIAMS\WilIiams_02\SRentonbidpak.DOC Page 13 4110 CITY OF RENTON ..� ' Planning/Building/Public Works Department 1 e Tanner, Mayor Gregg Zimmerman P.E., Administrator June 4, 2001 Steve Skeel SENT VIA FAX 425-820-4800 Katspan, Inc. 23843 SE I I It' St. Issaquah, WA 98027 SUBJECT: S. DOWNTOWN WATER MAIN AND STORM SEWER REPLACEMENT PHASE I — CAG 01-008 REQUEST FOR ASSURANCE OF CONTINUANCE Dear Mr. Skeel: It has come to my attention that certain suppliers, sub -contracting agents and field personnel have not been paid in accordance with the contract between the City of Renton and Katspan, Inc. The City is concerned that your company may be unable to complete this contract. Under the 1996 WSDOT Standard Specifications, Section 1-08.10(1), Termination of Contract (item number 3), the owner (City) has the right to request that the contractor provide "adequate assurance of future performance" in accordance with the contract. Therefore, the City requests that you explain how your company will obtain all materials and services necessary to complete the project per the contract documents. Also, the City requires a detailed schedule showing how you intend to complete the project within the remaining working days of the contract. Failure to comply with this request within 15 calendar days will cause the City to consider legal action to terminate the contract. If you have any questions regarding this request, please contact me at (425) 430-7208. Sincerely, Rick Moreno Project Manager cc: Larry Warren Lys Hornsby Xb(fouf Gafour Ron Straka Allen Quynn Stephen Scott 1055 South Grady Way - Renton, Washington 98055 �7112t �� ® This paper contains 50 % recycled material, 20 %post consumer 1111 Abdoul Gafour heads up Page 1 From: Victoria Runkle To: Abdoul Gafour; Lys Hornsby Date: 6/1/01 4:14PM Subject: heads up Just to let you know that it appears we are heading toward a rather significant financial problem with the contractor on the Wells/Williams project. We now have three official liens against the prime contractor. In addition, Stoneway Concrete wants us to do a dual check with their name on it. We don't tend to do that unless we have written information from the vendor. In fact, the only time we have done this is with legal issues. These are all very, very bad signs. We recommended to Rick Moreno that he contact Larry Warren immediately. My staff have recommended we no longer issue checks to this contractor until someone talks to Larry Warren. Further, we are most disinclined to cut a check early to this contractor, as has been suggested. We would also like to have Rick make certain the performance bonds are still intact. This is bigger than Finance. We will call Larry Warren for his advice on Monday. Please let us know any information you have regarding this contractor, and the status of the project - how much longer we have any "hold" on this contractor. Right now the claims are larger than the retainage. I will let you know what Larry said after I talk to him. Thanx. Vik CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: July 31, 2001 TO: Larry Warren — City Attorney A FROM: Abdoul Gafour (ext. 7210) l 1-i dad VIA: Lys Hornsb SUBJECT: Takeover Agreement from Bonding Company for Katspan's contract with City Larry: Could you please review the attached Draft Takeover Agreement prepared by Gerald Ormiston of Travelers Bond, who is the bonding and surety company for the contractor Katspan, Inc. We have previously sent you a copy of the notice of default of contract by Katspan dated July 31, 2001. We have looked at the draft agreement and we have a lot of questions and concerns that we would like to discuss with you after you have a chance to review the agreement. Our major concerns are: 1- We are not sure if the bonding company and its contractors will complete the work of the contract once they have reached the original contract amount or the original amount of the bond. 2- It can be difficult for the City to control or direct the work of other contractors who are not working directly for the City. 3- We are still getting claims filed by others (sub -contractors, suppliers, workers, local labor unions, past due taxes, etc.) and we are not sure if under this proposed agreement we can keep withholding payments to cover the claims. 4- Is the bonding company responsible for the one-year warranty for work previously done by Katspan, and for remaining work to be done by their new contractors? 5- Can the City negotiate a settlement agreement with the bonding company and select the next low -bidder for this project and execute a contract with them to complete this work? Thank you for your help on this matter and please let us know when we can meet with you or your staff. H/water/ag /S.Downtown/draft_memo-3 city_attomey CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: July 31, 2001 TO: Larry Warren — City Attorney�j I 1 VFROM: Abdoul Gafour (ext. 7210) 1 N/� VIA: Lys Hornsby SUBJECT: Notice of Default of Contract from Katspan, Inc. Larry: The bonding company faxed us today a copy of the attached notice of default of contract from Katspan, Inc. Gerald Ormiston of Travelers Bond is drafting a takeover agreement with Katspan and will forward it to the City for review by tomorrow. He intends to hire a different contractor, Northwest Cascade Inc., to complete this contract. Northwest Cascade Inc. plans to start work on Monday, August 6, 2001, subject to the City's approval of all required documents. Could you please give us your opinion on the following questions? 1- Does the City need to terminate the contract with Katspan Inc. before transferring the remaining work to the bonding company? 2- Does the City need to enter into a new contract with the bonding company or with its contractor? 3- Do we need proof of insurance and bond from the bonding company's contractor to complete this work? 4- Could you please review the attached draft response to Katspan's notice of default and let us know if there are any additional documents that the City needs to execute to transfer this work to the bonding company and its contractor. Thank you for your help on this matter. H/water/ag /S.Dow ntown/memo-2_city_attomey-final/AG:If CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: July 31, 2001 TO: Larry Warren — City Attorney1 ►-V�j FROM: Abdoul Gafour (ext. 7210) dold VIA: Lys Hornsby SUBJECT: Notice of Default of Contract from Katspan, Inc. Larry: The bonding company faxed us today a copy of the attached notice of default of contract from Katspan, Inc. Gerald Ormiston of Travelers Bond is drafting a takeover agreement with Katspan and will forward it to the City for review by tomorrow. He intends to hire a different contractor Northwest Cascade Inc., to complete this contract. Northwest Cascade Inc. plans to start work on Monday August 6, 2001, subject to the City's approval of all required documents. Could you please give us your opinion on the following questions? 1- Does the City need to terminate the contract with Katspan Inc. before transferring the remaining work to the bonding company? 2- Does the City need to enter into a new contract with the bonding company or with its contractor? 3- Do we need proof of insurance and bond from the bonding company's contractor to complete this work? 4- Could you please review the attached draft response to Katspan's notice of default and let us know if there are any additional documents that the City needs to execute to transfer this work to the bonding company and its contractor. Thank you for your help on this matter. H/water/ag /S.Downtown/memo-2_city_attomey July 31, 2001 Rane Lottinville, President Katspan, Inc 13221 NE 1266 Place, Kirkland, WA 98034 Travelers Casualty and Surety Company of America Attn: Gerald Ormiston — Bond Claim Manager 3455 S. 340 Way, Suite 200 Auburn, WA 98001 SUBJECT: Default of Contract CAG 01-088 by Katspan Inc. Bond No.: 103574771 Gentlemen: The City of Renton acknowledges the receipt of your notice of default dated July31, 2001 of the contract no. CAG 01-088 with the City for the South Renton water main and storm sewer replacement project. This is also a notice that the City is transferring the performance of all of the remaining work to complete the contract to your bonding and surety company, Travelers Casualty and Surety Company of America, according to the terms and conditions of the contract and contract bond number 103574771. Please call me at 425-430-7210 if you have any questions on this matter. Sincerely, Abdoul Gafour Water Utility Engineering Supervisor cc: LarryWarren— CityAttorney Lys Hornsby —Utility Systems Director Gerry Ormiston — Travelers Bond Wag/termination—notice ��� 9TATg qqd -xliA ws, .-, �y� �Cv►u,,,� (�, 2a6 — 2 31- SSd S 6y aee� /,yJ�—OT1/r �fll Christy Heiter Industrial Relations Agent Department of Labor and Industries Employment Standards Section 425/990-1466 616 120th Avenue NE Suite C-201 FAX 425/990-1445 Bellevue, WA98005-3037 vogl235@Lni.wa.gov � 390 . c102 -533 5- - 0 Lr mp;— � Accumulati ive QTYS Item No. 001 002 003 004 005 006 007 008 009 010 011 012 013 014 015 016 017 018 019 020 021 022 023 024 025 026 027 028 029 030 031 032 033 034 035 036 037 South Renton Water Main/Storm Sewer Replacement Description Mobilization & Demobilization Trench Excavation Safety Systems Construction and As -built Survey Data raffic Control Temporary Erosion/Sedimentation Controls 12" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) 10" Ductile Iron Pipe, Cl. 52 (Poly Wrapped) " Ductile Iron Pipe, Cl. 52 (Poly Wrapped) " Ductile Iron Pipe, CI.52 (Poly Wrapped) " Ductile Iron Pipe, Cl- 52 (Poly Wrapped) 12" gate valve assembly (no Vault) to" gate valve assembly (no Vault) "gate valve assembly (no Vault) " gate valve assembly (no Vault) "gate valve assembly (no Vault) Furnish & Install 24" x 12" Tapping G.V. Assembly Furnish & Install 18" x 12" Tapping G.V. Assembly Fire Hydrant Assembly /4" Water Service Connection 1" Water Service Connection 1-112" Water Service Connection " Water Service Connection Connection to existing water main Concrete for Thrust Blocking, Dead -Man Anchor Blocks Removal of Existing fire hydrants, valve boxes & other appurtenances Furnish & Install 18CPEP Storm Pipe " Furnish & Install 12" CPEP Storm Pipe Furnish & Install 1B" Ductile Iron Storm Pipe Furnish & Install 12" Ductile Iron Storm Pipe Furnish & Install CB Type -II, 48-Inch Furnish & Install CB Type -I SideSewer Adjustment Remove & Dispose Existing Storm Manholes Remove & Dispose Existing Storm Water Pipe (Including Pipe Plugs) Remove & Dispose Existing Catch Basin Typed Remove & Replacement of Unsuitable Foundation Material urnish &Install Quarry Spells Phase Total % Paid to date 20% 42% 20% 42% 42% 28% 14% 0% 0% 0% 21 % 15% 0% 0% 100% 0% 0% 24% 0% 0% 0% 0% 9% 26% 0% 31 % 15% 7% 17% 18% 5% 7% 67% 0% 0% 0% 17% ► Total $ Amt This estimate 14,000.00 WATER % This estimate WATER $ AmtM�Fs nvry t W I r _Storm % 11 estimate w; 9 50% Storm This Amt Total $ Amt Contract Water Previous QTY 50°/ 000.00 000.00 9,000.00 0.25 1,470.00 2% 910.00 - �.CY'% <. 38°l0 560.00 1,820.00 0.1 1,100.00 50% 50.00 3. i , 0% 550.00 3,850.00 0.25 ,300.00 2%3900,00 1 1 A t 8% 2,400.00 ,600.00 0.1 30.00 2% 390.00 38% 40.00 80.00 0.1 52,415.00 100% 52415.00 �® % C.00 89,815.00 680 11435.00 100% 1435.00 0% 0.00 2,660.00 35 0.00 DIV/0! 0.00 DIV/O! C.00 150.00 5 0.00 DIV/0! 10.00 - DIV/O! 00 0.00 0 0.00 DIV/0! 00 =;:: DIV/0! 00 0.00 0 5,000.00 100% 5000.00 00 _ % .00 10,000,00 ,100.00 100% 100.00 .00 _ 0% .00 ,200.00 2 0.00 IV/0! .00 DIV/0! .00 10.00 0 0.00 DIV/O! .00 DIV/0! 00 0 00 0 350.00 100% 350.00 1,00 0% C.00 350.00 0 0.00 DIV/O! 0.00 DIV/O! 0.00 6,900,00 2 .00 DIV/01 0.00 DIV/O! 0.00 0.00 0 9,000.00 100% 9000.00 4 0% C.00 9,000.00 0 0.00 DIV/0! 0.00 DIV/O! 0.00 0,00 0 0.00 DIV/O! 0.00 - DIV/0! C.00 0.00 0 0.00 #DIV101 0.00 DIV/O! 0.00 000 0 0.00 9 DIV/0! 0.00 DIV/01 1100 OM 0 1,250.00 100% 1250.00 vyvV vvv 0% 0.00 3,750.00, 2 1,162.50 100% 1162.50 0% 00 3,41250 15 0.00 DIV/0! 0.00 DIV/0! 0.00 0.00 ,078.00 % .00 v 100% 3,078.00 3,618.00 7,700.00 0.00 _ `6E ':. , 100% 7,700.00 7,700.00 800.00 °/ 0.00 _ 2000 100% 800.00 BOOM 2,520.00 % 0.00 T 84,00 100% 2,520.00 ,520 00 10,000.00 % 1 0.00 _ 100% 10,000.00 10,000.00 1,700.00 % 0.00 V ,„ 100% 1,700.00 1,700.00 1,000.00 0% 0.00 s 100% 1,000.00 1,000.00 800.00 100% 800.00 2.Ml,0% 0.00 800.00 0.00 .00 DIV/O! 0.00 0.00 0.00 .00 �N� 'r . DIV/0! 0.00 0.00 m F�7%152.00 .00 DIV/01 0.00 11,291.25 51.65 531.00 4,00 53% 279.00 1,460.70 5L65 5 elect Imported Trench Backfill 9 Crushed Surfacing Top Course & Crushed Rock Backfill 0 Controlled Density Fill 1 Asphalt Patch Class B 2 sphalt Patch Class B, or ATB for Temp. Patch 3 Remove & Replace Sidewalk & Driveway 4 Remove & Replace Curb & Gutter 5 Remove, Restore,Lawn, Landscaping Restoration 6 eplace, Pavement Markings & Traffic Buttons 7 e-Establish Monumnets Sub -totals .088% Sales Tax total split breakdown: 95% 5% Tax Total 57% 18,306.72 7% 1405920� .�ar _,,,,g 3% 247.52 ' S,$76.68 1 L91 37% 455.70 58% 3763.80 # � ��1� " 4 � 5 N4 2% ',691.90 12,055.50 301.77 061.00 % 00W ro Alan,a+�h gj ° 100% 061.00 061.00 191% .00 DIV/0! 00 DIV/O! !.00 00 0% " 11,514.00 57% _ 540.00 r� 3%,974.00 16,867.80 87.13 16% 0% .00 DIV/0! .00 �..�",,„ DIVIO! i.00 .00 0% d'i.Uv .0iV/i u' '.G0 a-� ,�'i:.�5„. :. .00 `�r" DIV/01 -.00 i50.00 CS 0% 0.00 DIV/0! .00 ,„+',✓%".., 0% 0.00 DIV/01. .00 `il DIV/01 .00 5.00 0.1 0% .00 DIV/01 .00,.i„� ���...F.:, , .. DIV/O!0 Foo Water Previous °/ Water Previous Amt Storm Previous OTY Storm Previous J Storm Previous Amt TOTAL -PreviousAmt 17,500.00 .25 17,500.00 5,000.00 350.00 .00 35C 1,375.00 .25 1,375.00 7 1,500.00 .00 150.00 .00 15G.3C 7,400.00 .00 7 :'ii, �a 1,225.00 .00 150.00 0.00 15. 0.00 0.00 0.00 .00 5,000.00 0.00 100.00 0.00 0.00 0.00 0 .00 0.00 .0 i 0.00 0.00 0.00 900.00 0.00 ,900.00 0.00 0.00 0.00 ' 0.00 0.00 A0`i .00 0.00 .00""`; . 0.00 0.00 .0011" 0.00 0.00 0.00 d = 0.00 0.00 0.00 500.00 0.00 2,500HO 250.00 0.00 2,250.00 0.00 0.00 0.00 0.00 20 540.00 540.00 0.00 0.00 0.00 0.00 0. 00 AO 0.00 0.00 0.00 0.00 0.000.00 `--" 0.00 0.00 0. OQ ,- 0.00 0.00 am"s 0.00 0.00 .00e'� , " - _ 0.00 0.00 .00't,' -. 1,291.25 0.00 1 291',25 929.70 00 18.92 27.04 .3316Z94 r .0000 5,227.80 0.00 0.00 .1 126.00y',$f .00 .00 00� ut2 375.00 0.05 375.00 75.00 0.00 0.00 .000i% $176,994.66 $120,634.72 $56,359.94