Construction Agreement Between Whidbey Island Bank and Fisher & Sons, Inc. for Oak Harbor Project (AIA A111-1997)

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Summary

Whidbey Island Bank and Fisher & Sons, Inc. have entered into a construction contract for a bank building at 450 SW Bayshore Dr., Oak Harbor, WA. The contractor will complete the work for a maximum price of $2,029,400, which includes a contractor's fee of $145,000. The contract is based on cost of work plus a fee, with all savings under the guaranteed maximum price going to the owner. The project schedule and other terms are detailed in the contract documents, and the work is to begin on June 2, 2000.

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EX-10.1 2 0002.txt BUILDING CONTRACT 1 ____________________________________________________________________________________________________________________________________ Standard Form of Agreement Between Owner and Contractor where the basis for payment is the COST OF THE WORK PLUS A FEE with a negotiated Guaranteed Maximum Price AIA Document A111 - 1997 1997 Edition - Electronic Format ____________________________________________________________________________________________________________________________________ This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. This document is not intended for use in competitive bidding. AIA Document ###-###-####, General Conditions of the Contract for Construction, is adopted in this document by reference. This document has been approved and endorsed by The Associated General Contractors of America. Copyright 1920,1925,1951,1958,1963,1967,1974,1978,1987,1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. ____________________________________________________________________________________________________________________________________ AGREEMENT made as of the 2nd day of June in the year 2000 (In words, indicate day, month and year) BETWEEN the Owner: WHIDBEY ISLAND BANK (Name, address and other information) P.O. BOX 990 OAK HARBOR, WA 98277 and the Contractor: FISHER & SONS, INC. (Name, address and other information) 625 FISHER LANE / PO BOX 534 BURLINGTON, WA 98233 The Project is: WHIDBEY ISLAND BANK (Name and location) 450 SW BAYSHORE DR. OAK HARBOR, WA The Architect is: FSI ARCHITECTS (Name, address and other information) 625 FISHER LANE / PO BOX 534 BURLINGTON, WA 98233 The Owner and Contractor agree as follows. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 15. If anything in the other Contract Documents is inconsistent with this Agreement, this Agreement shall govern. 2 ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. INSERT: ARTICLE 3 RELATIONSHIP OF THE PARTIES The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the owner to cooperate with the Architect and exercise the Contractor's skill and judgment in furthering the interests of the owner; to furnish efficient business administration and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner's interests. The Owner agrees to furnish and approve, in a timely manner, information required by the Contractor and to make payments to the Contractor in accordance with the requirements of the Contract Documents. ARTICLE 4 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) INSERT: June 2, 2000 If, prior to commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interest, the Owner's time requirement shall be as follows: INSERT: Per attached Project Schedule Rev 2 dated 5/24/00 (Exhibit "B") 4.2 The Contract Time shall be measured from the date of commencement. 4.3 The Contractor shall achieve Substantial Completion of the entire Work not later than days from the date of commencement, or as follows: (Insert number of calendar days. Alternative, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) INSERT: Per attached Project Schedule , subject to adjustments of this Contract Time as provided in the Contract Documents. Insert provisions, if any, for liquidated damages relating to failure to complete on time, or for bonus payments for early completion of the Work.) ARTICLE 5 BASIS FOR PAYMENT 5.l CONTRACT SUM 5.1.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum is the Cost of the Work as defined in Article 7 plus the Contractor's Fee. INSERT: Two Million Twenty-Nine Thousand Four Hundred and No/100 Dollars ($2,029,400.00) 5.1.2 The Contractor's Fee is: (State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor's Fee, and describe the method of adjustment of the Contractor's Fee for changes in the Work.) INSERT: One Hundred Forty-Five Thousand and No/100 Dollars ($145,000.00) 5.2 GUARANTEED MAXIMUM PRICE 5.2.1 The sum of the Cost of the Work and the Contractor's Fee is guaranteed by the Contractor not to exceed Two Million Twenty-Nine Thousand Four Hundred and No/100 Dollars ($2,029,400.00), subject to additions and deductions by Change Order as provided in the Contract Documents. Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. (Insert specific provisions if the Contractor is to participate in any savings.) INSERT: All savings from the Guaranteed Maximum Price shall accrue 100% to the Owner. 3 5.2.2 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when the amount expires.) 5.2.3 Unit prices, if any, are as follows: 5.2.4 Allowances, if any are as follows: (Identify and state the amounts of any allowances, and state whether they include labor, materials, or both.) 5.2.5 Assumptions, if any, on which the Guaranteed Maximum Price is based are as follows: INSERT: Whidbey Island Bank intends to have an independent estimating firm provide a detailed estimate to justify FSI's estimated costs. Should there be a discrepancy between this estimate and FSI's costs, Whidbey Island Bank reserves the right to renegotiate the contract amount. 5.2.6 To the extent that the Drawings and Specifications are anticipated to require further development by the Architect, the Contractor has provided in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order. ARTICLE 6 CHANGES IN THE WORK 6.1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work may be determined by any of the methods listed in Subparagraph 7.3.3 of AIA Document ###-###-####. 6.2 In calculating adjustments to subcontracts (except those awarded with the Owner's prior consent on the basis of cost plus a fee), the terms "cost" and "fee" as used in Clause 7.3.3.3 of AIA Document ###-###-#### and the terms "costs" and "a reasonable allowance for overhead and profit" as used in Subparagraph 7.3.6 of AIA Document ###-###-#### shall have the meanings assigned to them in AIA Document ###-###-#### and shall not be modified by Articles 5, 7 and 8 of this Agreement. Adjustments to subcontracts awarded with the Owner's prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. 6.3 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and "costs" as used in the above-referenced provisions of AIA Document ###-###-#### shall mean the Cost of the Work as defined in Article 7 of this Agreement and the terms "fee" and "a reasonable allowance for overhead and profit" shall mean the Contractor's Fee as defined in Subparagraph 5.1.2 of this Agreement. 6.4 If no specific provision is made in Paragraph 5.1 for adjustment of the Contractor's Fee in the case of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of Paragraph 5.1 will cause substantial inequity to the Owner of Contractor's Fee shall be equitably adjusted on the basis of Fee established for the original Work, and the Guaranteed Maximum Price shall be adjusted accordingly. ARTICLE 7 COSTS TO BE REIMBURSED 7.1 COST OF THE WORK The term Cost of the Work shall mean costs necessarily incurred by the Contractor in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in this Article 7. 7.2 LABOR COSTS 7.2.1 Wages of construction workers directly employed by the Contractor to perform the construction of the Work at the site or, with the Owner's approval, at offsite workshops or transporting materials. Labor costs shall be at the rates attached as Exhibit "D." 7.2.2 Wages or salaries of the Contractor's supervisory and administrative personnel when stationed at the site with the Owner's approval. Labor costs shall be at the rates attached as Exhibit "D." 7.2.3 Wages and salaries of the Contractor's supervisory or administrative personnel engaged, at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. Labor costs shall be at the rates attached as Exhibit "D." (If it is intended that the wages or salaries of certain personnel stationed at the Contractor's principal or other offices shall be included in the Cost of the Work, identify in Article 14 the personnel to be included and whether for all or only part of their time, and the rates at which their time will be charged to the Work.) 4 7.2.4 Costs paid or incurred by the Contractor for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under subparagraphs 7.2.1 through 7.2.3. (If it is intended that the wages or salaries of certain personnel stationed at the Contractor's principal or other offices shall be included in the Cost of the Work, identify in Article 14 the personnel to be included and whether for all or only part of their time, and the rates at which their time will be charged to the Work.) 7.3 SUBCONTRACT COSTS 7.3.1 Payments made by the Contractor to Subcontractors in accordance with the requirements of the subcontracts. 7.4 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETE CONSTRUCTION 7.4.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the completed construction. 7.4.2 Costs of materials described in the preceding Subparagraph 7.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner's property at the completion of the Work, or, at the Owner's option, shall be sold by the Contractor. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. 7.5 COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND RELATED ITEMS 7.5.1 Costs, including transportation and storage, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment, and hand tools not customarily owned by construction workers, that are provided by the Contractor at the site and fully consumed in the performance of the Work; and cost (less salvage value) of such items if not fully consumed, whether sold to others or retained by the Contractor. Cost for items previously used by the Contractor shall mean fair market value. 7.5.2 Rental charges for temporary facilities, machinery, equipment, and hand tools not customarily owned by construction workers that are provided by the Contractor at the site, whether rented from the Contractor or others, and costs of transportation, installation, minor repairs and replacements, dismantling and removal thereof. Rates and quantities of equipment rented shall be subject to the Owner's prior approval. Rental rates for Fisher & Sons-owned equipment and facilities shall be as those attached as Exhibit "C." Non-owned equipment costs shall be per third-party rental agreement. 7.5.3 Costs of removal of debris from the site. 7.5.4 Costs of document reproductions, facsimile transmissions and long-distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office. 7.5.5 That portion of the reasonable expenses of the Contractor's personnel incurred while traveling in discharge of duties connected with the Work. 7.5.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, if approved in advance by the Owner. 7.6 MISCELLANEOUS COSTS 7.6.1 That portion of insurance and bond premiums that can be directly attributed to this Contract: 7.6.2 Sales, use or similar taxes imposed by a governmental authority that are related to the Work. 7.6.3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Contractor is required by the Contract Documents to pay. 7.6.4 Fees of laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded by Subparagraph 13.5.3 of AIA Document ###-###-#### or other provisions of the Contract Documents, and which do not fall within the scope of Subparagraph 7.7.3. 7.6.5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent rights arising from such requirement of the Contract Documents; and payments made in accordance with legal judgments against the Contractor resulting from such suits or claims and payment settlements made with the Owner's consent. However, such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Contractor's Fee or subject to the Guaranteed Maximum Price. 5 If such royalties, fees and costs are excluded by the last sentence of Subparagraph 3.17.1 of AIA Document ###-###-#### or other provisions of the Contract Documents, then they shall not be included in the Cost of the Work. 7.6.6 Data Processing costs related to the Work. 7.6.7 Deposits lost for causes other than the Contractor's negligence or failure to fulfill a specific responsibility to the Owner as set forth in the Contract Documents. 7.6.8 Legal, mediation and arbitration costs, including attorneys' fees, other than those arising from disputes between the Owner and Contractor, reasonably incurred by the Contractor in the performance of the Work and with the Owner's prior written approval; which approval shall not be unreasonably withheld. 7.6.9 Expenses incurred in accordance with the Contractor's standard personnel policy for relocation and temporary living allowance of personnel required for the Work, if approved by the Owner. 7.7 OTHER COSTS AND EMERGENCIES 7.7.1 Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by the Owner. 7.7.2 Costs due to emergencies incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property, as provided in Paragraph 10.6 of AIA Document ###-###-####. 7.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Contractor, Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a specific responsibility of the Contractor and only to the extent that the cost of repair or correction is not recoverable by the Contractor from insurance, sureties, Subcontractors of suppliers. ARTICLE 8 COSTS NOT TO BE REIMBURSED 8.1 The Cost of the Work shall not include: 8.1.1 Salaries and other compensation of the Contractor's personnel stationed at the Contractor's principal office or offices other than the site office, except as specifically provided in Subparagraphs 7.2.2 and 7.2.3 or as may be provided in Article 14. 8.1.2 Expenses of the Contractor's principal office and offices other than the site office. 8.1.3 Overhead and general expenses, except as may be expressly included in Article 7. 8.1.4 The Contractor's capital expenses, including interest on the Contractor's capital employed for the Work. 8.1.5 Rental costs of machinery and equipment, except as specifically provided in Subparagraph 7.5.2. 8.1.6 Except as provided in Subparagraph 7.7.3 of this Agreement, costs due to the negligence or failure to fulfill a specific responsibility of the Contractor, Subcontractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. 8.1.7 Any cost not specifically and expressly described in Article 7. 8.1.8 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded. ARTICLE 9 DISCOUNTS, REBATES AND REFUNDS 9.1 Cash discounts obtained on payments made by the Contractor shall accrue to the Owner if (1) before making the payment, the Contractor included them in an Application for Payment and received payment therefor from the Owner, or (2) the Owner has deposited funds with the Contractor with which to make payments; otherwise, cash discounts shall accrue to the Contractor. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Contractor shall make provisions so that they can be secured. 9.2 Amounts that accrue to the owner in accordance with the provisions of Paragraph 9.1 shall be credited to the owner as a deduction from the Cost of the Work. INSERT: ALL EARLY PAYMENT DISCOUNTS WILL BE REALIZED BY THE GENERAL CONTRACTOR. 6 ARTICLE 10 SUBCONTRACTS AND OTHER AGREEMENTS 10.1 Those portions of the Work that the Contractor does not customarily perform with the Contractor's own personnel shall be performed under subcontracts or by other appropriate agreements with the Contractor. The Owner may designate specific persons or entities from whom the Contractor shall obtain bids. The Contractor shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Architect Owner. The Owner shall then determine, with the advice of the Contractor and the Architect, which bids will be accepted. The Contractor shall not be required to contract with anyone to whom the Contractor has reasonable objection. 10.2 If a specific bidder among those whose bids are delivered by the Contractor to the Owner Architect (1) is recommended to the owner by the Contractor; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the owner requires that another bid be accepted, then the Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the owner by the Contractor and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. 10.3 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. ARTICLE 11 ACCOUNTING RECORDS The Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract, and the accounting and control systems shall be satisfactory to the owner. The owner and the owner's accountants shall be afforded access to, and shall be permitted to audit and copy, the Contractor's records, books, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Contract, and the Contractor shall preserve these for a period of three years after final payment, or for such longer period as may be required by law. ARTICLE 12 PAYMENTS 12.1 PROGRESS PAYMENTS 12.1.1 Based upon Applications for Payment submitted to the Owner Architect by the Contractor and Certificates for Payment issued by the Contractor Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 12.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month or as follows: 12.1.3 Provided that an Application for Payment is received by the OWNER Architect not later than the 5th day of a month, the Owner shall make payment to the Contractor not later than the 15th day of the month. If an Application for Payment is received by the OWNER Architect after the application date fixed above, payment shall be made by the Owner not later than ten (10) days after the OWNER Architect receives the Application for Payment. 12.1.4 With each Application for Payment, the Contractor shall submit a summary accounting report payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the owner or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment. INSERT: Progress Payments will be made on a Schedule of Values and a Percentage Complete Basis. The final Application for Payment will be on an Actual Cost Basis. 12.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work, except that the Contractor's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Owner Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 12.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been complete; or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Contractor on account of that portion of the Work for which the Contractor has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. 7 12.1.7 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values, less retainage of zero percentage (0.00%) Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Subparagraph 7.3.8 of AIA Document ###-###-####; .2 add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing. .3 add the Contractor's Fee, less retainage of zero percent ( 0.00%). The Contractor's Fee shall be computed upon the Cost of the Work described in the two preceding Clauses at the rate stated in Subparagraph 5.1.2 or, if the Contractor's Fee is stated as a fixed sum in that Subparagraph, shall be an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work in the two preceding Clauses bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 subtract the aggregate of previous payments made by the Owner; .5 subtract the shortfall, if any, indicated by the Contractor in the documentation required by Paragraph 12.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's accountants in such documentation; and .6 subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document ###-###-####. 12.1.8 Except with the Owner's prior approval, payments to Subcontractors shall be subject to retainage of not less than ______percent (____%). The owner ands the Contractor shall agree upon a mutually acceptable procedure for review and approval of payments and retention for Subcontractors. 12.1.9 In taking action on the Contractor's Applications for Payment, the OWNER Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor and shall not be deemed to represent that the OWNER Architect has made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Subparagraph 12.1.4 or other supporting data; that the OWNER Architect has made exhaustive or continuous on-site inspections or that the OWNER Architect has made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's accountants acting in the sole interest of the owner. 12.2 FINAL PAYMENT 12.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Subparagraph 12.2.2 of AIA Document ###-###-####, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. 12.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after submittal of a final invoice. the issuance of the Architect's final Certificate for Payment, or as follows: INSERT: The Owner may retain the final 10% of the Contract amount until all outstanding and punchlist items are complete per Contractual Requirements. 12.2.3 The Owner's accountants will may review and report in writing on the Contractor's final accounting within 30 days after delivery of the final accounting to the Owner Architect by the Contractor. Based upon such Cost of the Work as the Owner's accountants report to be substantiated by the Contractor's final accounting, and provided the other conditions of Subparagraph 12.2.1 have been met, the OWNER Architect will, within seven days after receipt of the written report of the owner's accountants, either issue to the Owner a final Certificate for Payment with a copy to the Contractor, or notify the Contractor and owner in writing of the OWNER'S Architect reasons for withholding a certificate as provided in Subparagraph 9.5.1 of the AIA Document ###-###-####. The time periods stated in this Subparagraph 12.2.3 supersede those stated in Subparagraph 9.4.1 of the AIA Document ###-###-####. 8 12.2.4 If the Owner's accountants report the Cost of the Work as substantiated by the Contractor's final accounting to be less than claimed by the Contractor, the Contractor shall be entitled to demand arbitration of the disputed amount without a further decision of the OWNER Architect. Such demand for arbitration shall be made by the Contractor within 30 days after the Contractor's receipt of a copy of the OWNER'S Architect final Certificate for Payment; failure to demand arbitration within this 30-day period shall result in the substantiated amount reported by the Owner's accountants becoming binding on the Contractor. Pending a final resolution by arbitration, the Owner shall pay the Contractor the amount certified in the CONTRACTOR'S Architect's final Certificate for Payment. 12.2.5 If, subsequent to final payment and at the owner's request, the Contractor incurs costs described in Article 7 and not excluded by Article 8 to correct defective or nonconforming Work, the Owner shall reimburse the Contractor such costs and the Contractor's Fee applicable thereto on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If the Contractor has participated in savings a provided in Paragraph 5.2, the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the owner to the Contractor. ARTICLE 13 TERMINATION OR SUSPENSION 13.1 The Contract may be terminated by the Contractor, or by the owner for convenience, as provided in Article 14 of AIA Document ###-###-####. However, the amount to be paid to the Contractor under Subparagraph 14.1.3 of AIA Document ###-###-#### shall not exceed the amount the Contractor would be entitled to receive under Paragraph 13.2 below, except that the Contractor's Fee shall be calculated as if the Work had been fully completed by the Contractor, including a reasonable estimate of the Cost of the Work for Work not actually completed. 13.2 The Contract may be terminated by the Owner for cause as provided in Article 14 of AIA Document ###-###-####. The amount, if any, to be paid to the Contractor under Subparagraph 14.2.4 of AIA Document ###-###-#### shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed an amount calculated as follows: 13.2.1 Take the Cost of the Work incurred by the Contractor to the date of termination: 13.2.2 Add the Contractor's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Subparagraph 5.1.2 or if the Contractor's Fee is stated as a fixed sum in that Subparagraph, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and 13.2.3 Subtract the aggregate of previous payments made by the Owner. 13.3 The Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election of the owner, for any equipment owned by the Contractor that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Subparagraph 13.2.1. To the extent that the owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments referred to in this Article 13, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcontracts or purchase orders. 13.4 The Work may be suspended by the Owner as provided in Article 14 of AIA Document ###-###-####; in such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Subparagraph 14.3.2 of AIA Document ###-###-#### except that the term "profit" shall be understood to mean the Contractor's Fee as described in Subparagraphs 5.1.2 and paragraph 6.4 of this Agreement. ARTICLE 14 MISCELLANEOUS PROVISIONS 14.1 Where reference is made in this Agreement to a provision AIA Document ###-###-#### or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 14.2 Payment due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (insert rate of interest agreed upon, if any.) INSERT: One Percent (1%) per month. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.)] 9 14.3 The Owner's representative is: (Name, address and other information) INSERT: Dennis Marrs 14.4 The Contractor's representative is: (Name, address and other information) INSERT: Project Manager: Chad Fisher 14.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days' written notice to the other party. 14.6 Other provisions: ARTICLE 15 ENUMERATION OF CONTRACT DOCUMENTS 15.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 15.1.1 The Agreement is executed 1997 edition of the Standard Form of Agreement Between owner and Contractor, AIA Document A111-1997. 15.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document ###-###-####. 15.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated ______ , and are as follows: Document Title Pages 15.1.4 The Specification are those contained in the Project Manual dated as in Subparagraph 15.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Pages 15.1.5 The Drawings are as follows, and are dated 5/3/00 (Rev 2) unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date A-0 Rendering, Project Data, Vicinity Plan C-1 Construction Notes & Specifications C-2 Topographic Map & Demolition Plan C-3 Erosion Control Plan C-4 Grading, Drainage & Utility Plan C-5 SW Erie Street Profile C-6 SW Flowers Avenue Profile C-7 Civil Plan Detail Sheet A-1.0 Architectural Site Plan A-2.0 Basement Plan A-2.1 First Floor Plan A-2.1B First Floor Drive Through Plan A-2.2 Second Floor Plan A-2.3 Attic Plan, Roof Plan A-3.0 Exterior Elevations A-3.1 Interior Elevations A-4.0 Building Sections A-5.0 Wall Sections A-5.1 Stair Sections & Elevator Section A-6.0 Lower Level & First Floor Reflected Ceiling Plan A-6.1 Second Floor & Attic Level Reflected Ceiling Plan A8.0 Door & Window Schedules, Details, Finish Schedule A-9.0 Lower Level & First Floor Finishes Plan (Reserved) A-9.1 Second Floor & Attic Level Finishes Plan (Reserved) 10 S-1.0 General Notes & Typical Details S-2.0 Foundation Plan S-2.1 Sections & Details S-3.0 First Floor/Partial Foundation Plan S-3.1 Sections & Details S-4.0 Second Floor/Low Roof Framing Plan S-4.1 Misc. Framing & Foundation Plans S-5.0 Roof Framing Plan S-5.1 Sections & Details M-1 Lower Level HVAC M-2 First Floor HVAC M-3 Second Floor HVAC M-4 HVAC Equipment Rooms & Details M-5 HVAC Equipment Notes & Specifications E-2 Lower Level and First Floor Power Plan (Reserved) E-3 Second Floor and Attic Level Power Plan (Reserved) 15.1.6 The Addenda, if any, are as follows: Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 15. 15.1.7 Other Documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents, such as a list of alternates that are intended to form part of the Contract Documents. AIA Document ###-###-#### provides that bidding requirements such as advertisement or invitation to bid,Instructions to Bidders, sample forms and the Contractor's bid re not part of the Contract Document sunless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) INSERT: Exhibit A Scope of Work and Schedule of Values dated April 5, 2000 INSERT: Exhibit B Project Schedule Rev 0 dated 3/17/00 INSERT: Exhibit C Equipment Rental Rates for Contractor Owned Equipment INSERT: Exhibit D Construction Labor Rates ARTICLE 16 INSURANCE AND BONDS (List required limits of liability for insurance and bonds. AIA Document ###-###-#### gives other specific requirements for insurance and bonds.) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. WHIDBEY ISLAND BANK FISHER & SONS, INC. By /s/ Michal D. Cann By /s/ Chad Fisher Michal D. Cann Chad Fisher President and Chief Executive Office Vice President
11 Contract Exhibit A - Scope of Work and Schedule of Values dated April 5, 2000 EXHIBIT A WHIDBEY ISLAND BANK - OAK HARBOR SCHEDULE OF VALUES / SCOPE OF WORK June 2, 2000 ARCHITECTURAL & ENGINEERING..............................................$79,500 o Architectural (current job) o Electrical Engineering o Structural Engineering o Printing o H. V. A. C. Design o Architectural & Engineering Support GENERAL CONDITIONS......................................................$127,780 o Supervision o Layout & Batterboards o Mobilization/Demobilization o Construction Facilities o Temporary Fencing o Temporary Power & phone o Temporary Water o Sanikan o As-Built Drawings o Quality Control & Testing o Daily & Final Cleaning o Dumpster o Misc. Construction Supplies o Survey & Civil Staking o Traffic Regulation/Barricade o De-watering Budget ($3,000) EQUIPMENT................................................................$46,450 o Laser Level o Scissors Lift o Manlifts o Boom Truck o Table Saw o Forklift o Roto Hammer & Bits o Scaffolding o Trash Pump o Generators o Misc. Equipment SITE WORK...............................................................$268,047 o Site Clearing & Grubbing o Site Fill & Grade o Basement Excavation o Underground Utilities o Storm Drainage, Roof Drains, Footing Drains o Sanitary Sewer o City Sidewalks o City Curb & Gutter o Utility Trenching o On-Site Paving o Erie Street Paving o Fire Water Service o Curbs, Gutters & Striping o Handicap Signage 12 CONCRETE................................................................$152,191 o Continuous Footings o Spread Footings o Foundation walls o Slab on Grade o Vault Slab o Elevator Pit and Sump o Concrete Finishing o Sidewalks o Drive-up Apron & Island o Dumpster & H. V. A. C. Slab o Sign Foundations o Concrete Pumping o Reinforcing Steel o Embedded plates, Anchor Bolts o Grout Vault Door o Lite & Flag Pole Foundations o Concrete Accessories STRUCTURAL STEEL.........................................................$59,123 o Columns o Wide Flange Beams o Field Welding o Bollards o Anchor bolts o Ornamental Railing o Guardrails CARPENTRY...............................................................$292,283 o Wall Framing & Sheathing o Blocking o Floor Joists o TJI's o GLB, Beams & Columns o Roof Trusses o Overfill Framing o Roof Framing & Sheathing o Soffits & Facia Framing o Attic Mechanical Room o Dumpster Enclosure FINISH TRIM & CASEWORK .................................................$116,854 o Window Trim (Oak) o Door Trim (Oak) o Wood Base (Oak) o Cabinets & Countertops o Newel Posts o Teller Line o Hand Rail o Ornamental Rail Cap o Lable Vents INSULATION/ROOFING......................................................$138,914 o Foundation Insulation o Insulation @ Exterior Walls and Ceiling o Sound Insulation o E.I.F.S. Dryvit o Caulking @ Doors and Windows o Metal Roof, flashing, Gutters, & Downspouts o Water Proofing Membrane 13 DOORS/HARDWARE/STOREFRONT................................................$88,475 o Hollow Metal Doors and Frames o Wood Doors (Oak) o Wood Door Frames (Oak) o Window Frames & Glass stops (Oak) o Access Door to Attic & Drive-up Soffit o Finish Hardware o Storefronts o Electrical Entry Doors o Glass & Glazing o Relites FINISHES ...............................................................$138,050 o Gypsum Wallboard o Acoustical ceiling o Floor Covering o P-lam Wainscot o Painting SPECIALTIES..............................................................$15,455 o Toilet Accessories o Toilet Compartments o Flag Pole o Fire Extinguisher Cabinets o Interior Signage ELEVATOR.................................................................$42,720 o 3-Stop Hydraulic Elevator PLUMBING.................................................................$21,400 o Underground Piping o Toilets o Water Heater o Lavatories o Hose Bibs FIRE PROTECTION..........................................................$58,500 o Fire Protection Alarm System o Fire Protection Sprinkler System H. V. A. C..............................................................$119,925 o Gas Fired Furnace with Air conditioning o Exhaust fans o Controls ELECTRICAL..............................................................$118,733 o Primary Power o Interior Lighting o Mechanical Equipment Hook-up o Exterior Lighting & Light Poles o Site Signage Conduit (Hook-up by Owner) o Phone Service Conduit CONTRACTORS CONSTRUCTION COST.......................$1,884,400 CONTRACTORS FIXED FEE................................ $145,000 ----------- NOT TO EXCEED CONTRACT PRICE........................$2,029,400 =========== 14 NOTES EXCLUSIONS & QUALIFICATIONS 1. Building Permit by Owner. 2. Impact Fee by Owner. 3. Utility hook-up fees by Owner. 4. Water Meter & hook-up (if any) by Owner. 5. Signage including electrical hook-up by Owner. 6. Kitchen Equipment by Owner. 7. W.S.S.T and B & O Tax Excluded. 8. Course of construction insurance by Owner. 9. Civil Engineering by Owner. 10. Additional Office Areas are excluded. 11. Office Furniture by Owner. 12. Security Wiring by Owner. 13. Communication Wiring and Equipment by Owner. 14. Bank Equipment (vault, Diebold cabinets, ATM night deposit, etc.) by Owner. 15. Landscaping/Retaining Wall Design and Construction by Owner. 16. Included a floor covering budget ($36,000). 17. Included an Electrical Budget ($105,000). 15 Contract Exhibit B - Project Schedule Rev 0 dated 3/17/00 EXHIBIT B TIME LINE WHIDBEY ISLAND BANK - OAK HARBOR Diagram omitted: Time line TASK NAME DURATION START FINISH ________________________________________________________________________________ Sitework 168 days 03/20/00 11/08/00 ________________________________________________________________________________ Strip Site 5 days 03/20/00 03/24/00 Excavate Basement 3 days 03/27/00 03/29/00 Underground utilities 10 days 03/30/00 04/12/00 Storm Drains 10 days 04/13/00 04/26/00 Sidewalks & Ramps 8 days 09/19/00 09/28/00 Handrail 2 days 09/29/00 10/02/00 Finish Grade Site 5 days 10/03/00 10/09/00 Asphalt Paving 10 days 10/10/00 10/23/00 Curbs & Striping 2 days 10/24/00 10/25/00 Landscaping 10 days 10/26/00 11/08/00 ________________________________________________________________________________ Bank Construction 139 days 05/30/00 12/08/00 ________________________________________________________________________________ Continuous Footings 7 days 05/30/00 06/07/00 Basement Walls 10 days 06/08/00 06/21/00 Rough in Under slab 3 days 06/21/00 06/23/00 Waterproofing 3 days 06/21/00 06/23/00 Fine Grade slab 2 days 06/26/00 06/27/00 Pour slab 2 days 06/28/00 06/29/00 Frame L.L. Struct. Wall 4 days 06/30/00 07/05/00 Erect Struct. Steel 5 days 06/30/00 07/06/00 1St Floor System 3 days 07/07/00 07/11/00 Backfill Fdn 3 days 07/07/00 07/11/00 Vault Slab 3 days 07/12/00 07/14/00 1st Floor Struct. Walls 5 days 07/12/00 07/18/00 Interior Framing 33 days 07/12/00 08/25/00 Install Vault 1 day 07/14/00 07/14/00 2nd Floor System 5 days 07/19/00 07/25/00 2nd Floor Struct. Walls 5 days 07/26/00 08/01/00 Roof Framing & Sheathing 12 days 08/02/00 08/17/00 Roofing & Flashing 5 days 08/18/00 08/24/00 Install Windows 4 days 08/25/00 08/30/00 RI Sprinkler System 15 days 08/29/00 09/18/00 RI Mechanical 15 days 08/29/00 09/18/00 RI Electrical 15 days 08/29/00 09/18/00 RI Security/Data/Fire Alarm 15 days 08/29/00 09/18/00 RI Plumbing 5 days 08/30/00 09/05/00 EIFS 14 days 08/31/00 09/19/00 Electrical Inspection 1 day 09/18/00 09/18/00 Elevator 15 days 09/18/00 10/06/00 Insulation 3 days 09/19/00 09/21/00 Drywall 14 days 09/22/00 10/11/00 16 Paint Interior 4 days 10/12/00 10/17/00 Suspended Ceiling Grid 8 days 10/16/00 10/25/00 Plastic Laminate 3 days 10/26/00 10/30/00 Install Casework 10 days 10/27/00 11/09/00 Doors & Millwork 14 days 10/31/00 11/17/00 Fire Sprinkler Trim 15 days 11/01/00 11/21/00 Electrical Finish 15 days 11/02/00 11/22/00 HVAC Finish 15 days 11/03/00 11/23/00 Data / Security Trim 14 days 11/09/00 11/28/00 Plumbing Trim 4 days 11/10/00 11/15/00 Fire Alarm System 5 days 11/20/00 11/24/00 Carpet 9 days 11/23/00 12/05/00 Susp. Ceiling Tile 3 days 11/24/00 11/28/00 Bank Equip. 5 days 11/27/00 12/01/00 Final Clean 3 days 12/06/00 12/08/00 Substantial Completion 0 days 12/08/00 12/08/00 17 Contract Exhibit C - Equipment Rental Rates for Construction Owned Equipment EXHIBIT C FISHER SONS, INC. EQUIPMENT RENTAL RATE BY EQUIPMENT NUMBER ASSET # EQUIP # SERIAL # DESCRIPTION HOUR DAY WEEK MONTH - ------------------------------------------------------------------------------------------------------------------------------------ RENTAL RATES ARE BASED ON A 28 DAY MONTH IN ACCORDANCE WITH STANDARD RENTAL FIRMS RADIOS 125 12 RADIOS (EACH) 8.00 33.00 100.00 O-51E 126 COMPUTER 14.00 65.00 170.00 O-60 127 COMPUTER 14.00 65.00 170.00 O-51E 128 COMPUTER 14.00 65.00 170.00 BACKHOES C-37 1003 746065 1988 510C 4 X 2 BACKHOE 250.00 1,000.00 3,000.00 C-55 1004 ###-###-#### 310C 2 X 4 BACKHOE 250.00 1,000.00 3,000.00 C-85 ###-###-#### 1996 JD 410 DHL BACKHOE 250.00 1,000.00 3,000.00 C-123 1006 40499 1998 JD 160 EXCAVATOR 500.00 1,600.00 4,600.00 BACKHOE ACCESSORIES C-42 1202 HS6000 STANLEY HOE COMPACTOR 75.00 300.00 900.00 C-43 1203 KENT KHB 400 BREAKER 100.00 400.00 1,200.00 C-102 1206 22097 MAN BASKET 6.00 25.00 75.00 BREAKERS 1301 18597 30 LB BREAKER 15.00 40.00 90.00 1302 45308 60 LB BREAKER 15.00 40.00 90.00 1303 8365F023 CHICAGO ROCKDRILL 15.00 40.00 90.00 1305 MACD28 60 LB BREAKER 15.00 40.00 90.00 COMPACTORS C-44 1603 U8237 MULTIQUIP 90L PLATE 35.00 135.00 320.00 C-53 1606 MAKASA JUMP JACK DIESEL 35.00 135.00 320.00 C-51 1607 W-6656 MULTIQUIP 90L PLATE 35.00 135.00 320.00 C-67 1608 MIKASA 60L RAMMER 35.00 135.00 320.00 C-67 1609 MULTIQUIP 60L JUMP JACK 35.00 135.00 320.00 C-68 1610 MULTIQUIP 90H PLATE 35.00 135.00 320.00 C-76 1611 MULTIQUIP 90L PLATE 35.00 135.00 320.00 C-99 1612 750803019 WACKER 35.00 135.00 320.00 C-100 1613 750803022 WACKER 35.00 135.00 320.00 C-101 1614 750803018 WACKER 35.00 135.00 320.00 C-134 ###-###-#### WACKER 35.00 135.00 320.00 C-135 ###-###-#### WACKER 35.00 135.00 320.00 C-136 ###-###-#### WACKER 35.00 135.00 320.00 18 COMPRESSORS C-39 1902 JOY AIR COMPRESSOR 50.00 175.00 490.00 S-20 1938 EMGLO COMPRESSOR 50.00 175.00 490.00 CONTAINERS V-17 2200 CONTAINER 10.00 35.00 105.00 V-18 2201 CONTAINER 10.00 35.00 105.00 V-18 2202 CONTAINER 10.00 35.00 105.00 V-18 2203 CONTAINER 10.00 35.00 105.00 V-25 2204 CONTAINER 10.00 35.00 105.00 C-109 2205 TPXU ###-###-#### CONTAINER 10.00 35.00 105.00 C-110 2206 TOLU ###-###-#### CONTAINER 10.00 35.00 105.00 C-111 2207 NYKU ###-###-#### CONTAINER 10.00 35.00 105.00 C-112 2208 TPXU ###-###-#### CONTAINER 10.00 35.00 105.00 C-113 2209 TEHU920374-3 CONTAINER 10.00 35.00 105.00 C-114 2210 TPHU638154-8 CONTAINER 10.00 35.00 105.00 C-117 2211 20' CONTAINER 10.00 35.00 105.00 C-118 2212 20' CONTAINER 10.00 35.00 105.00 DUMPSTER C-64 2215 20 CY DUMP BOX 12.50 50.00 145.00 C-64 2216 20 CY DUMP BOX 12.50 50.00 145.00 C-64 2217 20 CY DUMP BOX 12.50 50.00 145.00 C-70 2218 30 CY DUMP BOX 12.50 50.00 145.00 C-70 2219 30 CY DUMP BOX 12.50 50.00 145.00 AIR MONITOR SYSTEM ###-###-####-028 INDUSTRIAL SCIENTITIC 20.00 60.00 165.00 TORQUE WRENCH 2741 TORQUE WRENCH PER JOB 6.25 25.00 75.00 2742 TORQUE WRENCH PER JOB 6.25 25.00 75.00 2745 MAG DRILL PER JOB 12.50 50.00 150.00 PUNCH C-143 2750 POWER DECK PUNCH 40.00 125.00 285.00 LIGHT STANDS 2760 6' 1000 W, 110 V 20.00 60.00 165.00 2761 6' 1000 W, 110 V 20.00 60.00 165.00 2762 6' 1000 W, 110 V 20.00 60.00 165.00 3220 FORKLIFT MANBOX 30.00 60.00 FORKLIFT C-57 3204 CY-80-4-2078 80 CLARK FORKLIFT (Yard) 125.00 488.00 1,250.00 C-62 3205 49A00723 R80 CAT FORKLIFT 135.00 490.00 1,300.00 C-63 3206 49A00612 R80 CAT FORKLIFT 135.00 490.00 1,300.00 C-65 3207 49A00826 R80 CAT FORKLIFT 135.00 490.00 1,300.00 C-66 3208 8544606G 85 534-BB GRADALL 225.00 775.00 1,975.00 19 GENERATOR C-40 3402 252378 MULTIQUIP GAS 5.0 40.00 125.00 285.00 C-72 ###-###-#### MULTIQUIP 6000 W 40.00 125.00 285.00 C-104 3409 ###-###-#### WACKER 6.0 40.00 125.00 285.00 C-106 3410 ###-###-#### WACKER 5.6 40.00 125.00 285.00 C-121 ###-###-#### WACKER 5.7 40.00 125.00 285.00 C-122 ###-###-#### WACKER 5.8 40.00 125.00 285.00 C-124 ###-###-#### WACKER 5.6A 40.00 125.00 285.00 C-137 ###-###-#### WACKER 5.6A 40.00 125.00 285.00 C-138 ###-###-#### WACKER 5.6A 40.00 125.00 285.00 C-140 3416 204302 Yamaha 40.00 125.00 285.00 C-141 ###-###-#### WACKER 5.6A 40.00 125.00 285.00 HEATERS C-47 3813 339598 500,000 BTU 60.00 250.00 700.00 3814 121271 150 KBTU PROPANE HEATER 20.00 80.00 200.00 3815 121260 151 KBTU PROPANE HEATER 20.00 80.00 200.00 3816 121269 152 KBTU PROPANE HEATER 20.00 80.00 200.00 3817 121261 153 KBTU PROPANE HEATER 20.00 80.00 200.00 3818 121270 154 KBTU PROPANE HEATER 20.00 80.00 200.00 3819 121265 155 KBTU PROPANE HEATER 20.00 80.00 200.00 3820 121257 156 KBTU PROPANE HEATER 20.00 80.00 200.00 3821 121267 157 KBTU PROPANE HEATER 20.00 80.00 200.00 3822 121258 158 KBTU PROPANE HEATER 20.00 80.00 200.00 3823 121256 159 KBTU PROPANE HEATER 20.00 80.00 200.00 3824 121264 160 KBTU PROPANE HEATER 20.00 80.00 200.00 3825 121268 161 KBTU PROPANE HEATER 20.00 80.00 200.00 3826 121252 162 KBTU PROPANE HEATER 20.00 80.00 200.00 3827 121266 163 KBTU PROPANE HEATER 20.00 80.00 200.00 3828 121259 164 KBTU PROPANE HEATER 20.00 80.00 200.00 3829 121262 165 KBTU PROPANE HEATER 20.00 80.00 200.00 HOIST S-17 3900 SHOP HOIST LASERS C-71 4001 LASER LB-2 75.00 250.00 350.00 C-38 4005 910 LASER 75.00 250.00 350.00 C-73 4006 2464 PLUMB PLANE 75.00 250.00 350.00 C-58 4007 1248 LB-1 75.00 250.00 350.00 C-59 4008 3920-26692 LB-1 75.00 250.00 350.00 C-69 4009 3920-27313 LB-1 LASER 75.00 250.00 350.00 4010 LB-1 LASER 75.00 250.00 350.00 C-78 4011 LB-1 LASER 75.00 250.00 350.00 C-79 4012 3920-49136 LB-1 LASER 75.00 250.00 350.00 C-83 4013 3920-53338 LB-2 LASER 75.00 250.00 350.00 C-90 4014 3950-54781 LB-1 LASER 75.00 250.00 350.00 C-92 4016 9090 DUAL SLOPE LASER PLANE 75.00 250.00 350.00 C-93 4017 3970-51672 SPECTRA PLUMB PLANE 75.00 250.00 350.00 C-84 4018 1271 LASER PLANE 500 75.00 250.00 350.00 C-97 4019 3920-60020 LB-1 LASER 75.00 250.00 350.00 C-115 4023 3935-66421 POCKET LASER 10.00 30.00 60.00 C-116 4024 3935-66420 POCKET LASER 10.00 30.00 60.00 C-119 4025 3935-66343 LB-1 LASER 75.00 250.00 350.00 C-125 4026 3920-58154 LB-1 LASER 75.00 250.00 350.00 C-126 4027 3955-65955 LB-2 LASER 75.00 250.00 350.00 C-127 4028 731747 THEODOLITE TRANSIT 75.00 250.00 350.00 C-139 4029 15642 SINGLE SLOPE LASER 75.00 250.00 350.00 C-144 4030 3955-65956 LB-2 LASER ALIGNMENT 75.00 250.00 350.00 4031 336979 POCKET LASER 10.00 30.00 60.00 4032 336978 POCKET LASER 10.00 30.00 60.00 20 NAILER C-86 4614 HILTI NAILER 6.00 25.00 75.00 PLANER 4800 DIAMOND BLADES AS USED 4801 10384E CONCRETE PLANER 15.00 60.00 120.00 4807 969411 CONCRETE PLANER 15.00 60.00 120.00 4808 26931E CONCRETE PLANER 15.00 60.00 120.00 PRESSURE WASHERS S-15 5002 F5101-00202 COLD WATER 60.00 190.00 270.00 S-19 5003 P0699-21554 HOT WATER 60.00 190.00 270.00 S-21 5010 15478 SOIL EXTRACTOR 200.00 PUMPS 5302 2095/800565 2" TRASH 30.00 70.00 230.00 5303 W134/89060004 2" TRASH 30.00 70.00 230.00 C-56 5304 911478 3" DIAPHRAM PUMP 30.00 70.00 230.00 C-74 5305 950117 2" DIAPHARAM PUMP 30.00 70.00 230.00 C-77 5306 4041 3" MULTIQUIP 30.00 70.00 230.00 C-107 5307 303H-1602 WACKER 2" TRASH 30.00 70.00 230.00 C-108 5308 HONDA PUMP 30.00 70.00 230.00 5309 ###-###-#### 2" WATER PUMP 30.00 70.00 230.00 5311 ###-###-#### 2" WATER PUMP 30.00 70.00 230.00 C-131 5312 ###-###-#### 3" WATER PUMP 30.00 70.00 230.00 C-132 5313 ###-###-#### 3" WATER PUMP 30.00 70.00 230.00 C-133 5314 76590162 3" WATER PUMP 30.00 70.00 230.00 ROTOHAMMERS 5602 HILTI TE-73 7.00 14.00 52.00 5603 HILTI TE-74 7.00 14.00 52.00 C-45 5604 HILTI TE-75 7.00 14.00 52.00 5606 HILTI TE-77 7.00 14.00 52.00 5608 B & D MACHO V 7.00 14.00 52.00 5609 B & D MACHO V 7.00 14.00 52.00 5610 B & D MACHO V 7.00 14.00 52.00 5611 B & D MACHO V 7.00 14.00 52.00 5612 B & D MACHO V 7.00 14.00 52.00 5613 B & D MACHO V 7.00 14.00 52.00 5614 B & D MACHO V 7.00 14.00 52.00 5617 B & D MACHO V 7.00 14.00 52.00 5619 HILTI TE-72 7.00 14.00 52.00 5620 B & D MACHO V ROTOHAMMER 7.00 14.00 52.00 5621 B & D MACHO V ROTOHAMMER 7.00 14.00 52.00 5622 B & D MACHO V ROTOHAMMER 7.00 14.00 52.00 5623 B & D MACHO V ROTOHAMMER 7.00 14.00 52.00 C-80 5624 11-00165745 HILTI TE-74 7.00 14.00 52.00 C-82 5625 11-00177359 HILTI TE-74 7.00 14.00 52.00 5626 HILTI TE-74 7.00 14.00 52.00 5627 HILTI TE-74 7.00 14.00 52.00 C-87 5628 HILTI TE-74 7.00 14.00 52.00 C-88 5629 HILTI TE-74 7.00 14.00 52.00 C-95 5630 41603 HILTI TE-75 7.00 14.00 52.00 C-96 5631 41607 HILTI TE-75 7.00 14.00 52.00 C-120 5636 ###-###-#### MILW BREAKER HAMMER 7.00 14.00 52.00 21 C-128 5637 HILTI TE 75 7.00 14.00 52.00 C-129 5638 HILTI TE 75 7.00 14.00 52.00 C-130 5639 HILTI TE 75 7.00 14.00 52.00 5640 178358 HILTI TE 75 7.00 14.00 52.00 5641 178373 HILTI TE 75 7.00 14.00 52.00 5642 178377 HILTI TE 75 7.00 14.00 52.00 5643 178381 HILTI TE 75 7.00 14.00 52.00 C-145 5644 213135 HILTI TE 75 7.00 14.00 52.00 SAFETY HARNESS 5800 50' RETRACTALOK 6.00 25.00 75.00 5801 50' RETRACTALOK 6.00 25.00 75.00 CONCRETE SAW 6001 14 DEMO SAW 25.00 80.00 150.00 6000 DIAMOND BLADES BY INCH OF USE 6002 HUSKVARNA 272K CONC SAW 25.00 80.00 150.00 6003 13428333 12" STIHL DRY 25.00 80.00 150.00 6008 CONC SAW 25.00 80.00 150.00 6010 HUSKVARNA 272K CONC SAW 25.00 80.00 150.00 6012 HUSKVARNA 272K CONC SAW 25.00 80.00 150.00 6013 STIHL TS460 25.00 80.00 150.00 6015 STIHL TS460 25.00 80.00 150.00 6016 STIHL TS460 25.00 80.00 150.00 6017 83790678 STIHL TS461 25.00 80.00 150.00 6018 ###-###-#### STIHL TS462 25.00 80.00 150.00 6019 ###-###-#### STIHL TS460 25.00 80.00 150.00 6020 ###-###-#### STIHL TS461 25.00 80.00 150.00 6021 ###-###-#### STIHL TS460 25.00 80.00 150.00 6022 ###-###-#### STIHL TS461 25.00 80.00 150.00 6025 ###-###-#### STIHL TS460 25.00 80.00 150.00 6026 ###-###-#### STIHL TS460 25.00 80.00 150.00 6027 41499153 STIHL TS400 25.00 80.00 150.00 6028 41499342 STIHL TS400 25.00 80.00 150.00 6029 ###-###-#### STIHL TS 460 25.00 80.00 150.00 6030 ###-###-#### STIHL TS 460 25.00 80.00 150.00 6031 ###-###-#### STIHL TS 460 25.00 80.00 150.00 6032 ###-###-#### STIHL TS 460 25.00 80.00 150.00 RADIAL ARM SAWS 6402 3093 POWERSHOP 25.00 80.00 150.00 6403 D7790 RADIAL ARM SAW 25.00 80.00 150.00 10" TABLE SAW 6804 103-7578 ROCKWELL 25.00 80.00 150.00 6805 K28928 ROCKWELL 25.00 80.00 150.00 6806 KD1012 ROCKWELL 25.00 80.00 150.00 6807 KO6102 ROCKWELL 25.00 80.00 150.00 6808 DELTA 10" 25.00 80.00 150.00 6811 DELTA 10" 25.00 80.00 150.00 C-98 6814 10" GRIZZLY 25.00 80.00 150.00 C-105 ###-###-#### 10" JET 25.00 80.00 150.00 SCAFFOLDING C-35 7170 SCAFFOLDING 2.00 6.00 18.00 7191 CASTORS 1.00 3.00 9.00 7192 PLANKS 2.00 4.00 6.00 22 JOB SEMI V-15 8000 3526 40' SEMI 20.00 75.00 230.00 V-13 8001 BLP8993-46 27' SEMI 10.00 45.00 125.00 V-14 8002 BLP8991-58 27' SEMI 10.00 45.00 125.00 V-16 8003 66254-26 27' SEMI 10.00 45.00 125.00 TRAILERS V-32 8100 TRAILER DOLLY 8.00 33.00 100.00 V-27 8200 389-130 8 X 16 OFFICE 12.00 50.00 150.00 V-24 8201 1289-129 8 X 24 OFFICE 15.00 60.00 175.00 V-40 8203 492-113 8 X 16 OFFICE 12.00 50.00 150.00 V-41 8204 987-109 10 X 24 OFFICE 16.00 65.00 200.00 V-58 8205 1187-128 8 X 24 OFFICE 15.00 60.00 175.00 V-59 8206 115826 10 X 24 OFFICE 16.00 65.00 200.00 V-68 8207 497 118 10 X 32 OFFICE 25.00 100.00 300.00 V-69 8208 395-113 10 X 32 OFFICE 25.00 100.00 300.00 V-61 8404 VM038824 TRAIL KING EQUIP TRAILER 8.00 33.00 100.00 V-63 8405 4RACS0815VN000944 INTERSTATE 5 X 8 CARGO 8.00 33.00 100.00 V-64 8406 4RACS0812VN000822 INTERSTATE 5 X 8 CARGO 8.00 33.00 100.00 V-65 8407 2T9LESBA1ST232038 4 X 10 UTILITY TRAILER 6.00 25.00 75.00 V-79 8408 205X75R-15 5 X 8 UTILITY TRAILER 8.00 33.00 100.00 TEMPPOWER 8600 SPIDER n/c 8601 POLE SET n/c CONSTRUCTION VEHICLES V-12 & 43 9305 1981 FORD DUMP (FUELED) 250.00 1,000.00 3,000.00 9305A 1981 FORD DUMP (UNFUELED) 220.00 880.00 2,640.00 V-53 9308 1996 FORD 1 TON (FUELED) 43.00 172.00 600.00 9308A 1996 FORD 1 TON (UNFUELED) 30.00 150.00 510.00 V-62 9309 1993 17 ton BOOM TRK (FUELED) 350.00 1,300.00 4,000.00 9309A 1993 17 ton BOOM TRK (UNFUELED) 325.00 1,200.00 3,600.00 WELDERS 9803 MILLER DIAL ARC 250 40.00 160.00 400.00 9804 JE34192 MILLER WIRE FEED 40.00 160.00 400.00 9807 394WS41411 HOBART PORTABLE WELDER 40.00 160.00 400.00 C-81 9808 P4077 STUD WELDER 40.00 160.00 400.00 9809 HOBART WELDER 40.00 160.00 400.00 C-103 9810 STUD WELDER 40.00 160.00 400.00 C-142 9811 KK234503 BOBCAT WELDER 40.00 160.00 400.00
23 Contract Exhibit D - Construction Labor Rates EXHIBIT D SKAGIT & ISLAND COUNTIES STANDARD LABOR COST BILLING RATES EFFECTIVE 6/1/00 - 11/30/00 DOUBLE LEVEL RATE OVERTIME TIME SUPERINTENDENT Sitework Superintendent $49.02 $68.69 $88.37 1. $51.65 $72.06 $92.46 2. $54.45 $79.86 $105.26 3. $56.21 $82.49 $108.76 4. $59.71 $87.74 $115.77 Out of Town $74.86 $102.90 $130.93 CARPENTER BY LEVEL 1. 60% $31.90 $42.43 $52.96 2. 65% $33.65 $45.06 $56.47 3. 70% $35.41 $47.69 $59.98 4. 75% $37.16 $50.33 $63.49 5. 80% $38.92 $52.96 $67.00 6. 85% $40.67 $55.59 $70.51 7. 90% $42.43 $58.22 $74.02 8. 95% $44.18 $60.86 $77.53 9. Journeyman $45.94 $63.49 $81.04 10. Leadman $48.85 $67.86 $86.87 LABORERS BY LEVEL 1. $17.34 $24.18 $31.03 2. $19.32 $27.15 $34.99 3. $21.79 $30.87 $39.94 4. $25.09 $35.81 $46.54 5. $28.39 $40.76 $53.13 6. $31.69 $45.71 $59.73 7. $35.77 $51.20 $66.62 NOTES: 1. Above billing rates include FICA, FUTA, SUTA, workers compensation insurance premiums, health & welfare fringe benefits and a 25% charge for hand tools, power tools, safety plan and equipment, small equipment, small trucks, fuel, shop support, etc. per Article 7.1.1.3 and 7.1.4.1; Liability insurance per Article 7.1.5.1 and payroll accounting costs directly attributed to on-site labor. 2. Contracts extending beyond expiration date will be updated to include same charges on new labor rates. 3. Actual charges may vary slightly due to maximum FUTA/SUTA limits and workers compensation inurance "risk class" identification.