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Home My WebLink AboutWWP273536 (2)OMEGA CONTRACTORS, INC. P.O. Box 430 Duvall, WA 98019 (425) 881-1697 Fax (425) 883-4718 omegacontractors@aol.com INVOICE -- EXTRA Januay 17, 2012 To: Liberty Mutual Attn: Gary Shevik cc: John Hobson, City of Renton Job: Westview LS project completion (Omega job #1570) City of Liberty City & L.M. Description Renton Mutual shared cost 1 Wetwell level transducer that was not among the materials $ 768 collected from Advanced Construction; probably it was to have been purchased by the electrical contractor. Markup at 21 % $ 161 SUBTOTAL $ 929 Sales tax at 9.5% $ 88.23 $1,016.92 TOTAL For your approval. If you have questions regarding any details, please call. Sincerely, Gordon Wagster David Christensen From: Mark Barber Sent: Thursday, September 01, 2011 2:11 PM To: Gregg A. Zimmerman Cc: David Christensen; John D. Hobson; Larry Warren Subject: Westview Liftgate Station Takeover Agreement Attachments: 2011-09-01 #2673 Takeover Agreement City of Renton Westview Lift Station Project.pdf Hello Gregg, With Dave's and John's input, an agreement was reached on the Takeover Agreement for the Westview Lift Station project. As you are aware, the previous contractor was unable to complete the project and defaulted under the contract. We have been in discussions with the surety and its attorney to resolve issues including the retention of a Completion Contractor and other issues. We have now reached agreement on the TOA and are good to go. I'm attaching to this e-mail the TOA for your review and signature. I've reviewed this agreement and approve it as to legal form. Dave and John have also reviewed the TOA and are comfortable with the wording. At your first opportunity, please execute this TOA; scan the document, and e-mail the agreement to me. I will then forward this document to the surety's attorneys and request a scanned copy of all signatures in return. If you have any questions or concerns, please let me know. . 4:r -^ Mark Barber Senior Assistant City Attorney Renton City Attorney 100S2ndSt PO Box 626 Renton, WA 98057 Phone: 425.430.6485 (direct line) E-Mail: mbarber@rentonwa.eov WARNING: This electronic message is an attorney -client communication. The information in this electronic document is privileged and/or confidential and is only for the use of the intended recipient. Recipients are instructed not to forward, copy or distribute this electronic communication and its attachments without the prior written approval or consent of the sender. If the reader of this e-mail is not an intended recipient, you are hereby notified that any forwarding, dissemination, distribution, printing or copying of this electronic communication and the information in this electronic communication is expressly and strictly prohibited. If you receive this electronic communication in error, please immediately notify the sender and permanently delete this communication from your system, network and/or computer. David Christensen From: Luis Aragon [laragon@wthf.com] Sent:. Thursday, September 01, 2011 9:54 AM To: Mark Barber Cc: David Christensen; John D. Hobson; Larry Warren; Todd Blischke; Olson, Jeff; Gary.Shevik@LibertyMutual.com Subject: RE: Revised Takeover Agreement - City of Renton Westview Lift Station Project Attachments: *2673 Takeover Agreement City of Renton Westview Lift Station Project.pdf Mark, I have updated the Takeover Agreement to reflect that Gregg Zimmerman will be signing on behalf of the City of Renton. I do not see him as a recipient on your email, so I ask that you arrange for providing Mr. Zimmerman with the Agreement, securing his signature, and getting the executed Agreement back to me. PDF would be fine. I will get the Agreement executed by First National. Thank you for your quick response. It was a pleasure working with you to get this taken care of. Regards, Luis F. Aragon WATT, TIEDER, HOFFAR & FITZGERALD, L.L.P. ATTORNEYS AT LAW >> BUILDING SOLUTIONS SINCE 1978 1215 Fourth Avenue, Suite 2210, Seattle, WA 98161-1016 ph: 206.204.5811 1 fax: 206.204.0284 1 e: Iaragon(o)wthf.com I web: www.wthf.com From: Mark Barber [mai1to:MBarber0)Rentonwa.gov1 Sent: Thursday, September 01, 2011 9:45 AM To: Luis Aragon Cc: David Christensen; John D. Hobson; Larry Warren Subject: RE: Revised Takeover Agreement - City of Renton Westview Lift Station Project Hello Luis, The City has reviewed your recent draft of the revised Takeover Agreement and it is acceptable. Would you please take the necessary steps to have this agreement executed? Please be advised that Gregg Zimmerman, Public Works Administrator, will sign on behalf of the City and his name and title should be inserted as the City's signatory to the TOA. Thank you for all your efforts in finalizing this agreement. Mark Barber Senior Assistant City Attorney Renton City Attorney 100S2ndSt PO.Box 626 Renton, WA 98057 Phone: 425.430.6485 (direct line) E-Mail: mbarber@rentonwa.sov From: Luis Aragon [mailto:laragon(a)wthf.com] Sent: Wednesday, August 31, 2011 2:44 PM To: Mark Barber Subject: Revised Takeover Agreement - City of Renton Westview Lift Station Project Mark, In an effort to get ahead of the game, here is the revised Takeover Agreement. Your proposed language has been included in Section 2. 1 made a few tweaks to Section 3, and added a new Section 4, to reflect that the Change Order pricing has not been finalized, and that the parties intend to resolve that issue at a later date. Once those amounts are finalized, they will become part of the Balance of the Contract Sum. If everything is fine, let me know and we'll take the necessary steps to get it executed. Regards, Luis F. Aragon WATT, TIEDER, HOFFAR & FITZGERALD, L.L.P. ATTORNEYS AT LAW >> BUILDING SOLUTIONS SINCE 1978 1215 Fourth Avenue, Suite 2210, Seattle, WA 98161-1016 ph: 206.204.5811 1 fax: 206.204.0284 1 e: laragon(cDwthf.com I web: www.wthf.com The information contained within this electronic mail message is attorney privileged and confidential information intended only for the use of the individual or entity named. If the reader of the message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify the sender and delete this message. ****Please consider the environment before printing this email**** The information contained within this electronic mail message is attorney privileged and confidential information intended only for the use of the individual or entity named. If the reader of the message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying.of this communication is strictly prohibited. If you have received this communication in error, please immediately notify the sender and delete this message. ****Please consider the environment before printing this email**** 2 ses 0 to a¢ cc cGj lop .�: v �i ''ra .7 O S C• CU N V1 n 00 40 iF 40 'u4. _ _•gyp v� � � is o E LL LL LL o Wit= 11 '.mac0 N W t N¢ LL LL M i0 -1�•� � j ¢ c O c al S.o ;O i4 2 z �N 41 E E E �m �i N o pax Im 2y ¢o `o hWT9. 6099 0000 OTfi I 60M ------------------ RENTON DOWNTOWN RENTON, Washington 980579798 5476210269-0097 O7/14/2011 (800)275-8777 02:52:12 PM ------------------ Sales Receipt Product Sale Unit Final Description Qty Price Price SEATTLE WA 98124 $0.44 Zone-1 First -Class Letter 0.70 oz. Expected Delivery: Fri 07/15/11 Return Rcpt (Green $2.30 Card) Certified $2.85 Label #: 70091410000066096184 Issue PVI: $5 59 Total: Paid by: VISA $5.59 Account #: XXXXXXXXXXXX9300 Approval #: 063146 Transaction #: 221 23903510972 Order stamps at USPS.com/shop or call 1-800-Stamp24. Go to USPS.com/clicknship to print shipping labels with postage. For other information call 1-800-ASK-USPS. Get your mail when and where you want it with a secure Post Office Box. Sign up for a box online at usps.com/poboxes. Bill#:1000300848636 Clerk:09 All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business HELP US SERVE YOU BETTFR r Denis Law Mayor City Of lyY r,� v s Public Works Department - Gregg Zimmerman, P. E., Administrator July 14, 2011 VIA CERTIFIED MAIL Mr. Jeff Olsen Liberty Mutual Surety —Western Region P.O. Box 34670 Seattle, WA 98124 RE: CAG 10-142 WESTVIEW LIFT STATION UPGRADE DEFAULT OF CONTRACT BY ADVANCED CONSTRUCTION, INC. Dear Mr. Olsen: This letter shall serve as notice, per Section 3 of the Contract for the Westview Lift Station Upgrade project that the City is terminating its contract with Advanced Construction, Inc. This notice is provided as a result of the letter submitted to the City by Advanced Construction, Inc., dated June 30, 2011 (see attached), notifying the City that it was not financially able to complete its contract work and abandoning the contract. Please consider this letter the City's claim under the performance bond for Advanced Construction, Inc. It is in the City's interest to work with Liberty Mutual Surety to find an appropriate and swift solution to complete the outstanding work for this contract. Please contact me at 425-430-7212, if you have any questions regarding this matter. Wastewater Utility Supervisor Attachment cc: Gregg Zimmerman, P.E., Public Works Administrator Lys Hornsby, P.E., Utility Systems Director Mark Barber, Assistant City Attorney John Hobson, Wastewater Project Manager H:\File Sys\WWP - WasteWater\WWP-27-3536 Westview Lift Station Upgrades\CONSTRUCTION\Surety Letter.doc\DMCtp Renton City Hall - 1055 South Grady Way - Renton, Washington 98057 - rentonwa.gov **A0V4AmNCr=0 June 30, 20.11 CONSTRUCTION INC. 4640 Campus Place Sulte 150 VIA CERTIFIED MAIL Mukilteo, WA 98275 Office 425.493.1826 City of Renton Fax 425.493.1827 Attn: John Hobson WA# ADVANC1973KE 1055 S. Grady Way, 5th Floor Renton, Washington 98275 Re: Principal: Advanced Construction, Inc. Obligee: City of Renton Project: Westview Lift Station Upgrades Project No. CAG-10-142 Dear Mr. Hobson: We write to advise you that Advanced Construction, Inc. ("ACI") is in default under the terms of its contract with you ("Contract") on the above -referenced project ("Project"). ACI is financially unable to complete the performance of the Project work, or otherwise comply with its contractual obligations. Therefore, ACI hereby irrevocably and voluntarily abandons and terminates the Contract, effective upon your receipt of this letter. First National Insurance Company of America ("FNICA"), the surety on the above -referenced bond, will contact you shortly to discuss this matter in greater detail. In the meantime, should you have any questions, please feel free to contact FNICA's attorney, Todd W. Blischke, Esq. of Watt, Tieder, Hoffar & Fitzgerald L.L.P. at (206) 204- 5800 with any questions you might have. Sincerely, ADVANCED CONSTRUCTION, INC. x A.J. Smith cc: Todd W. Blischke, Esq. UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Attn: David Christensen City of Renton Utility Systems 1055 S. Grady Way Renton, WA 98057 Complete items 1, 2, and 3. Also complete item 4 if, Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: Mr. Jeff Olsen Liberty Mutual Surety - Western Region P.O. Box 34670 Seattle, WA 98124 Article Number (Copy from service label) A. Received by (Please Print Clearly) I B. Date of Delivery C. Sigrfature X JUL M1 ❑ Ackifessee D. Is delivery address different from item 1? u Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7009 1410 0000 6609 6184 PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1789 Westview Lift Station Contacts and Phone #s AJ Smith Advanced Construction Inc 425-754-5493 (cell) Tyler Whitehouse Carollo 206-684-6532 (office) 206-920-5717 (cell) Jeff Olson Liberty Mutual Surety 206-473-5929 (office) Todd Blischke Surety's Lawyer 206-204-5800 (office) Julie Putman — bill collections HD Fowler 425-748-5311 Annette Gregg — sales rep HD Fowler 425-864-5225 (cell) Lori Sullivan Security Contractor Services (fence provider) 916-692-1432 (Sacramento, CA) Pauleen La 1151 Monterey Ave NE (house closest to lift station) 425-981-0659 Kwok Lam 1174 Monterey Ave NE (Esmt. For Force Main) 425-687-0669 Combination for Westview Locks - 5493 RECEIVED CITY OF RENTON JUL 2 2 a ii Public Works Bond Claim CITY OF RENTON UTILITY SYSTEMS To: Liberty Mutual, First National Insurance To Of America 1001 4th Ave. #1700 Seattle, WA 98154 Certified Mail No. 7010 2780 0002 4008 5668 JUL 21 2011 RECEIVED CITY CLERK'S OFFICE Advanced Construction aL� Sl�� 4640 Campus Place, Ste. 150 _ Mukilteo, WA 98275 Certified Mail No: 7010 2780 0002 4008 5682 BOND NO: 69S301497 for Public Works Contract: CAG-10-142 Cam^ �� ! r Z CLAIMANT: Security Contractor Services, Inc. 5339 Jackson Street North Highlands, CA 95660 RE: Westview Lift Station Upgrades, Contract No. CAG-10-142 NOTICE is hereby made that the above claimant provided temporary fencing material for the above project under contract with Advanced Construction. (contractor) under direct contract with The Citv of Renton(owner). The temporary fencing material was provided at the request of Advanced Construction, 4640 Campus Place, Ste. 150, Mukilteo, WA 98275. The total value of the service agreed to be furnished, and actually furnished is $509.18 through 7/5/11; payments received to date are in the sum of $ -0-. There remains due and owing $509.18 plus interest of $23.10 for total owing $532.28. Interest continues to accrue at the daily rate of 0.33. The undersigned hereby demands payment on the above bond in the sum of not less than $532.28. Dated: July 15, 2011 cc: City of Renton 1055 S. Grady Way Renton, WA 98057 Certified Mail No. 7010 2780 0002 4008 5675 Security Contractor Services, Inc. By: Laurie Sullivan, Credit Manager (916) 692-1434 CrrY OF RENTON NOTICE OF CLAIM JUN 2 4 2011 RECEIVED CITY CLERK'S OFFICE CERTIFIED MAIL RETURN RECEIPT REQUESTED i i TO: The City of Renton RECE V ED Renton City Hall JUN 2 7 2011 1055 S. Grady Way Renton, WA 98057 CITY OF RENTON UTILITY SYSTEMS NOTICE IS HEREBY GIVEN that the undersigned Service Electric Co. Inc. has a claim in the principal sum of seven thousand six hundred dollars and 00/100 ($7,600.00) plus interest, attorney fees, and other costs against the retained percentage held from Advanced Construction, Inc. and against bond number 69S301497, issued to Advanced Construction, Inc. as principal by First National Insurance Company of America as surety on the Westview Lift Station Upgrades project for electrical services and materials Service Electric Co., Inc. provided at the request of Advanced Construction, Inc. DATED this 2-7- day of June, 2011. Name of Claimant Firm: Address: Signature of Owner or Officer Title: President Service Electric Co., Inc. 1615 First Street Snohomis , A 98291 Contractor Registration No.: SERVIEC564RU cc: First National Insurance Company of America, insurer by CERTIFIED MAIL Advanced Construction, Inc. by CERTIFIED MAIL I raq —5r Lt 1,V 1l G' 11 Gl/Gr'/fv9 C/I If J�1I�r (1r SC,Il Qlt1 C ►4L2 .-16), IZ�Z TO: FINANCE DIRECTOR FROM: PUBLIC WORKS ADMINISTRATOR CONTRACTOR: Advanced Construction, Inc. CONTRACT NO. CAG-10-142 PO# 18/0001730 ESTIMATE NO. 2 PROJECT: Westview Lift Station Upgrades 1. 2. 3. CONTRACTOR EARNINGS THIS ESTIMATE SALES TAX @ 9.50% TOTAL CONTRACT AMOUNT THIS ESTIMATE $46,135.00 $4,382.83 $50,517.83 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $15,209.50 5. EARNINGS DUE CONTRACTOR THIS ESTIMATE $43,828.25 6. SUBTOTAL- CONTRACTOR PAYMENTS $59,037.75 7. RETAINAGE ON PREVIOUS EARNINGS $800.50 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE $2,306.75 9. SUBTOTAL- RETAINAGE $3,107.25 10. SALES TAX PREVIOUSLY PAID $1,520.95 11. SALES TAX DUE THIS ESTIMATE $4,382.83 12. SUBTOTAL - SALES TAX $5,903.78 * (95% x LINE 1) ** (RETAINAGE: 5%) GRAND TOTAL: $68,048.78 FINANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR (Lines 5 and 11): ACCOUNT # 426.465479.018.595.35.63.000/u45479.f010 RETAINED AMOUNT (Line 8): ACCOUNT # 426.465479.018.595.35.63.000/u45479.f010 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 15 AJUST, DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAI i Signed: $48,211.08 # 2 $2,306.75 # 2 TOTAL THIS ESTIMATE �)VIII 9V t'I� $48,211.08 $2,306.75 $50,517.83 Printed On: 06/06/2011 City of Renton Public Works Department Page 1 Printed On: 06/06/2011 City of Renton Public Works Department Page 1 Project: Westview Lit Station Upgrades Contractor. Advanced Construction, Inc. Item Description 002. Trench and Excavation Safety Systems 002. Westview Lift Station Upgrades 003. C.O. N1 Hatch Replacement at East Renton LS Subtotal 9.5% Sales Tax TT Total TH�s 1._Io R!i 4f�D A55o r s.;ZT� �aYHE,u ; A R Uo r- P4�T oC Te Oes--rviarv.1 LiFT- S�'�s-tcnl Pay Estimate Unit Est. Quantity 2 Unit Price Contract Number. CAG-10-142 Closing Date: OS/31/2011 Previous Previous This Quantity Amount Quantity Lump Sum 1 $2,000.00 0.00 $0.00 1.00 Lump Sum 1 $91,000.00 0.135 $12,285.00 0.485 Lump Sum 1 $3,725.00 1.00 i$l-,D-.- 16,010.00 $1,520.95 $17,530.95 ccw&u%i ►L. cc,",rzA4c.7r TE-ML- This Total Total mount Quantity Amount $2,000.00 1.00 $2,000.00 $44,135.00 0.620 $56,420.00 $0.00 LDO $3,725.00 $46,135.00 $62,145.00 $4,382.83 $5,903.78 $50,517.83 $68,048.78 AH-,,:,Xr vAip AS oi= 7-14 - 1 i ICD-s i-'r j ►v t-,00 E c-i,a. a t o � � 5,'S4� ..9 c C s,,a+ g •-rax ) ,14 6,)Vlt t M S (alto',