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4611
CONSTRUCT COMPANY LLC
Auto Center Way Improve/6th St to Sbound SR3 On-Ramp
Engineering
LEG 12-1
02/12/2007
06/30/2007
02/15/2010
01/01/2010
Change Order #1-4/07 #2-7/07
PUBLIC WORKS AND UTILITIES
3027 Olympus Drive. Bremerton, WA 98310-4799. (360) 478-5318. FAX (360) 478-5018
MEMORANDUM
ENGINEERING DIVISION
TO:
Carol Etgen
Eduardo Aban *
COP\,
FROM:
DATE:
April 21, 2008
SUBJ:
-~
Auto Center Way Improvements: 6th Street to Southbound SR 3 On-ramp
I have received all the releases from the State of Washington and completed the necessary
procedures for project closeout.
The following original documentation is attached for your files:
Project Release signed by Contractor
Advertisement of "Notice of Final Completion"
Certificate of Payment of State Excise Taxes by Public Works Contractor
Department of Labor and Industries Release
Certificate of Payment from Employment Security Department
Ifrelease of retain age for this project is acceptable to you, please indicate by signing below then
return this to me. I will see that the necessary accounting paperwork is processed to release the
retainage. Please call me if you have any questions at X2317.
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ACCEPTANCE OF COMPENSATION & RELEASE OF ALL CLAIMS
Auto Center Way Improvements
Project No. 1085 - Contract No. TA-2880
Construct Company, hereby indicates agreement with, and acceptance of, the final
Progress Payment of $14,048.50, the total Contract Price of $731,996.29 including
Washington State sales and/or use taxes, and the final Contract Time of 80 working
days, as full and final compensation for all Work performed in connection with Contract
Number TA-2880, and does hereby release the City of Bremerton from all claims,
liability, demands, damages and actions of any kind whatsoever, arising from
performance of that Contract.
Construct Company
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By:
Date:
Title: f~,j. ~~k'1CI..
Certificate of Notarv
Subscribed and sworn to before me this / ~th day of re. bru..a_fj , dDO 8
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545 5th Street. P.O. Box 259
Bremerton, Washington 98337
(360) 377-3711
1-888-377-3711
Fed. I.D. # 31-1260530
1.
ADVERTISER/CLIENT NAME
OF BREMERTON
. 'CURRENT NETAMOUN . DUE'
. 3 ' TERMS OF PAYMENT.
512982 Due Upon Receipt
'C' 0 DAYS'
,OVER 90 DAYS
~DVERTISING INVOICE and STATEMENT
PAGE#'" '~, 5 "BILlING.DATE . . .' 81. .. ...., ..'BILLED ACCOUNT NAME AND ADDRESS 9 , " 00 " .,. REMITTANCE ADDRESS' . "Y-:;-
1 01/20/08 CITY OF BREMERTON KITSAP SUN
CITY OF BREMERTON PO BOX 34688
BILLED ACCOUNT NUMBER
STE 600 SEATTLE, WA 98124-1688
42742 345 6TH ST
BREMERTON WA 98337
ADVERTISER/CLIENT NUMBER
Project # JpgS-
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Initials ~'
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020051298200000033562
Date Ok'd 62;.);/ )Ok
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c', ~ES.SRIPTI~t'I'oTiiE~c91;i'1E~S/CHARGES'
C> i. '\( NET' AMoUNT '.
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220382
01/18
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kitsapsun.com
INVOICE NUMBER -\, ,. 25, .
.1.
51298
NOTICE OF COMPLETION
3310 20059115
CHERIE HENRY
545 5th Street. P.O. Box 259
Bremerton, Washington 98337
(360) 377-3711
1-888-377-3711
Fed. 1.0. # 31-1260530
2
33.56
33.56
All accounts are due upon receipt.
ALL MAJOR CREDIT CARDS ACCEPTED
'UNAPPLIED AMOUNTS ARE INCLUDED IN TOTAL AMOUNT DUE
- , -.. ADVERTISER INFORMATION'
oo-.BILLED.ACCOUNT NUMBER.-'" - 7 ._.... ADVERTISER/CLIENT NUMBER ,
BILLING INQUIRIES: (360) 792-3333
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AFFIDAVIT OF PUBLICATION
Account # 42742 / Ad # 220382
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Christy Moffitt, being first duly sworn on oath, deposes and says: That she is now, and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of
KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court
of the County of Kitsap, in which County it is published and is now and has been for more than six months
prior to the date of the publication hereinafter referred to, published in the English language continually as
a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County,
Washington and is now and during all of said time, was printed in an office maintained in the aforesaid
place of publication of said newspaper; that the following is a true text of a legal advertisement as it was
published in regular issues (and not in supplement form) of said newspaper on the following date, to wit:
January 17,2008 and that such newspaper was regularly distributed to its subscribers during all of said
period. That the full amount of the fee charged for the foregoing publication is the sum of $33.56 which
amount has not been paid in full.
D'J\ '1 D t t rYt QU ;T
~, un
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of January 25, 2008.
Notarv Public
State or Washington
DAWN BLAn
t Expires Jut 30. 2010
Notary Public in and for the State of Washington, Kitsap County.
NOTICE OF COMPLETION
Notice of Completion has been issued to Construct Company, Contract No. TA 2880, for the Auto Center
Way Improvements: 6th Street to Southbound SR 3 On-ramp. Any parties having a claim for material,
labor or damages related to this Contract have forty five (45) days from the date of first publication of this
notice to file a claim.
Carol Etgen
City Clerk
345 6th Street, Suite 600
Bremerton, Washington 98337
January 17, 2008......................Ad #20059115
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VenU(~
Washington State
Department of Revenue
PO Box 47474
Olympia, WA 98504-7474
602 170 577
Certificate of Payment of State Excise
Taxes by Public Works Contractor
(
CONSTRUCT COMPANY LLC
1621 PEASE AVE
SUMNER WA 98390 1603
, CITY OF BREMERTON PUBLIC WORKS
EDUARDO ABAN
3027 OLYMPUS DR
BREMERTON WA 98310 4799
We hereby certify that taxes, increases and penalties due or to become due from the above-named
contractor under Chapter 180, U1WS of 1935, as amended, with respect to the following public works
, )
contract:
L
CITY OF BREMERTON PUBLIC WORKS
#1085, AUTO CTR WAY IMPROVES, 6TH ST TO SOUTHBOUND SR 3 ON-RAMP
together with all other taxes, increases and penalties due from such contractor, have been paid in full or that
they are, in the Department's opinion, readily collectible without recourse to the state's lien on the retained
percentage.
This certificate is issued pursuant to the provision of Chapter 60.28 Revised Code of Washington for the
sole purpose of informing the state, county, or municipal officer charged with the duty of disbursing or
authorizing'the payment of public funds to said contractor that the Department of Revenue hereby releases
the stat~'s lien on the retained percentage provided by this Chapter for excise taxes due from said contractor.
- ,
This certificate does not release said contractor from liability for additional tax that may be later
determined to be due with respect to lhe above-mentioned contract or other activities.
Dated (()~ 61l Drg
at Olympia, Wasqington,
RECEIVED
, APR 0 3 2008
State of Washington
Department of Revenue
ENGINEERING DIVISION
-',
To inquire about the availability of this document in an alternate format for ,the visually impaired or in a language o\'her than English, please call (360) 486-?342,
TTY users may call 1-800-451-7985, r .
REV 31 0028 (10-01-02) ROUTING: Disbursing Officer, Contractor, File, Special File
Verify Workers' Comp Premium Status - Employer Liability Certificate
Page 1 of 1
Washington State Department of
Labor and Industries
Employer Liability
Certificate
Department of Labor and Industries
Employer Liability Certificate
Date: 01/16/2008
UBI #: 602 170 577
Legal Business Name: CONSTRUCT COMPANY LLC
Account #: 033,887-00
'Doing Business As' Name: CONSTRUCT CO
Estimated Workers Reported: Quarter 3 of Year 2007 "51 to 75 Workers"
(See Description Below)
Workers' Comp Premium Status: Account is current. Firm has voluntarily reported and
paid their premiums.
Licensed Contractor? Yes
License: CONSTCL982D6
Expire Date: 4/1/2008
Account Representative: T6 1 DIANE MCCOY (360)902-4822 - Email:
MCCD235@lni.wa.gov
What does "Estimated Workers Reported" mean?
Estimated workers reported represents the number of full time position requiring at least 480
hours of work per calendar quarter. A single 480 hour position may be filled by one person, or
several part time workers.
Industrial Insurance Information
Employers report and pay premiums each quarter based on hours of employee work already
performed, and are liable for premiums found later to be due. Industrial insurance accounts have
no policy periods, cancellation dates or limitations of coverage. (See RCW 51.12.050 and
51.16.190.)
https:llfortress.wa.gov/lni/crpsi/ AcctInfoPrint.aspx? AccountId=033 88700&AccountManager=T6+%2f+D... 1/16/2008
Verify Workers' Comp Premium Status - Employer Liability Certificate
Page 1 of 1
Washington State Department of
Labor and Industries
Employer Liability
Certificate
Department of Labor and Industries
Employer Liability Certificate
Date: 02/1212008
UBI #: 602 170 577
Legal Business Name: CONSTRUCT COMPANY LLC
Account #: 033,887-00
'Doing Business As' Name: CONSTRUCT CO
Estimated Workers Reported: Quarter 4 of Year 2007 "31 to 50 Workers"
(See Description Below)
Workers' Comp Premium Status: Account is current. Firm has voluntarily reported and
paid their premiums.
Licensed Contractor? Yes
. License: CONSTCL982D6
Expire Date: 4/1/2008
Account Representative: T6 1 DIANE MCCOY (360)902-4822 - Email:
MCCD235@lni.wa.gov
What does "Estimated Workers Reported" mean?
Estimated workers reported represents the number of full time position requiring at least 480
hours of work per calendar quarter. A single 480 hour position may be filled by one person, or
several part time workers.
Industrial Insurance Information
Employers report and pay premiums each quarter based on hours of employee work already
performed, and are liable for premiums found later to be due. Industrial insurance accounts have
no policy periods, cancellation dates or limitations of coverage. (See RCW 51.12.050 and
51.16.190.)
https:llfortress.wa.gov/lni/crpsi/ AcctInfoPrint.aspx? AccountId=03 3 88700&AccoUntManag... 2/12/2008
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PO Box 9046 · Olympia, WA 98507-9046
CONTRACTOR: 'CONST CO
1621 PEASE AVE
SUMNER, W A 98390
') CERTIFICATE OF.
) PA YMEN~ OF CONTRIBUTIONS
) PENALTIES AND INTEREST ON
) PUBLIC WORKS CONTRACT
, ,
ES Refere~ce No. '
199703-006
TO: CITY OF BREMERTON PUBLIC WORKS
3027 OL YMPUS DR
BREMERTON, WA 98310
The Employment Security Department hereby certifies those contributions, penalties and interest
due from the above named contractor under the Employment Security Act have been paid in full or -
provided for with resp~ct to the folIpwing public \\forks _contract~ "'L ,
, , ,
1085
The Employment Security Department hereby certifies that it has no claim pursuant to RCW
50.24.130 against the public body named above for tax attributable to service performed for said public
body by the above named contractor on the above described contract. The Employment Security
Department releases its lien on the retained percentage, which is provided by RCW 60.28.040 for
contributions, penalties and interest due from said contractor.
This certificate does not release said contractor from liability for additional contributions,
penalties and interest which may be later determined to be due with respect to the above mentioned
contract.
Dated at Olympia, Washington on March 11,2008.
COMMISSIONER
B1PLOYMENT SECURITY DEPARTMENT
By -rn.f) ~:'fI Ll", J?~
(Authorized Representative)
Original-Disbursing Officer
Duplicate-Employer
Triplicate-Central Office Files
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o
Vendor
Subject
Department
Status Code
Amount
Begin Date
End Date
Review Date
Insurance
Comments
Contract Number 4611
CONSTRUCT COMPANY LLC
Auto Center Way Improve/6th St to Sbound SR3 On-Ramp
Engineering
PRO File Class LEG 12-1
$717288.73
02/12/2007
06/30/2007
06/01/2007
GL
AL
E&O
$2000000.00
$1000000.00
$
Insurance Total
Insurance Review Date
$3000000.00
03/01/2007
Change Order #1-4/07 #2-7/07
CITY OF BREMERTON
CHANGE ORDER
PROJECT NAME:
CONTRACT CHANGE ORDER NO: 2
Auto Center Way Improvements: 6th Street to Southbound SR 3 Onramp
PROJECT NO:
1085
CONTRACTOR: Construct Co.
ORIGINAL CONTRACT AMOUNT:
$717,288.73 DAYS:
80
PREVIOUSLY APPROVED CHANGES:
$721,006.09 DAYS:
$0.00 DAYS:
$721 ,006.09 DAYS:
o
THIS CHANGE:
o
REVISED CONTRACT AMOUNT:
80
This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish
equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The
increase or decrease in contract price shown below includes any applicable taxes.
DESCRIPTION OF CHANGES
INCREASE IN
CONTRACT
AMOUNT
($)
(DECREASE) IN
CONTRACT
AMOUNT
($)
CONTRACT
TIME
EXTENSION
(DAYS:)
o ..-
I"- I"-
..- ..-
Q) Q)
"5 "5
c::: c:::
X Description
Pursuant to Section 1-04.6 of the Standard Specifications, unit
prices on items listed below were adjusted due to increases and
decreases on their quantities:
. Item #29, HMA for Pre-leveling Cl. W', PG 64-22
Delete by 25 tons @ $120.00 per ton ($3,000.00)
Add by 400 tons @ $71.95 per ton
(New adjusted price is $71.95 per ton) $28,780.00
. Item #30, HMA Cl. Y2", PG 64-22
Delete by 2,012 tons @ $64.60 per ton ($129,975.20)
Add by 900 tons @ $71.95 per ton
(New adjusted price is $71.95 per ton) $64,755.00
. Item #28, HMA for Pavement Repair Cl. Y2", PG 64-22
Increase by 249.6215 tons @ $158 per ton $39,440.20
Measurement and Payment
The measurement and payment will be based from the contract
pay item measurement and unit prices.
NET CHANGE IN CONTRACT AMOUNT
INCREASE OR (DECREASE)
Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or
nature arising from or connected with any work either covered or affected by this Change Order, including, without
limitation, claims related to contract time, on-site or home office overhead, or lost profits. Nothing in this Change Order
shall limit the City's right to bring a claim for past performance.
CONTRACT CHANGE ORDER NO: 2
PROJECT NAME: Auto Center Way Improvements: 6th Street to Southbound ~3 Onramp
The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price
specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in
work, and as to the extension of time allowed, if any, for completion of the entire work due to said Change Order.
This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this
Change Order shall be effective when approved by the City of Bremerton.
The parties whose names appear below warrant that they are authorized to enter into a change order that is binding on
the parties of this contract. In addition, Contractor warrants that it has or will inform the surety of this change, and shall
take appropriate action to modify any bonds required under the contract to address this change.
RECOMMENDED:
~~.
PROJECT ENGINEER
~
oxiz ?-JZ1J07
Date
RECOMMENDED:
ACCEPTED:
APPROVED:
MAYOR
ATTEST:
C0Mv~~
City Clerk GJ eu d....4.-'
Page 2 of2
Vendor
Subject
Department
Status Code
Amount
Begin Date
End Date
Review Date
Insurance
Comments
Contract Number 4611
CONSTRUCT COMPANY LLC
Auto Center Way Improve/6th St to Sbound SR3 On-Ramp
Engineering
PRO File Class LEG 12-1
$717288.73
02/12/2007
06/30/2007
06/01/2007
GL
AL
E&O
$2000000.00
$1000000.00
$
Insurance Total
Insurance Review Date
$3000000.00
03/01/2007
Change Order #1-4/07
.
CITY OF BREMERTON
CHANGE ORDER
PROJECT NAME:
CONTRACT CHANGE ORDER NO: 1
Auto Center Way Improvements: 6th Street to Southbound SR 3 Onramp
PROJECT NO:
1085
CONTRACTOR: Construct Company
$717,288.73 DAYS: 80
$0.00 DAYS: 0
$3,717.36 DAYS: 0
$721,006.09 DAYS: 80
ORIGINAL CONTRACT AMOUNT:
PREVIOUSLY APPROVED CHANGES:
THIS CHANGE:
REVISED CONTRACT AMOUNT:
This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish
equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The
increase or decrease in contract price shown below includes any applicable taxes.
DESCRIPTION OF CHANGES
INCREASE IN
CONTRACT
AMOUNT
($)
(DECREASE) IN
CONTRACT
AMOUNT
($)
CONTRACT
TIME
EXTENSION
(DAYS:)
o ......
I'- I'-
...... ......
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X The City intends to incorporate into its stonnwater management
strategy low impact development (LID) techniques that
emphasize conservation and use of existing natural site features.
One ofthe techniques that will be implemented in this project is
the installation of pervious cement concrete sidewalk. This
installation will be the first in the City. This is a relatively small
installation that can be a demonstration installation for the City
concurrent with the LID improvements that the Home Builders
Association is planning to implement in its site.
Description
Pay Item #48A, Pervious Cement Concrete Sidewalk, shall be
added. The addition of this pay item wiIl also require the
addition of other pay items, as outlined below. With the addition
of new pay items, the existing pay items incorporated with the
installation of the cement concrete sidewalk wiIl have reduction
in quantities, accordingly. Below is the breakdown of changes:
.. Add #48A, Pervious Cement Concrete Sidewalk $7,668.00
142 square yards @ $54 per square yard
.. Add #25A, 1- 1.5" Crushed Washed Drain Rock $2,624.40
108 tons @ $24.30 per ton
.. Add #56, Filter Fabric $454.00
227 square yards @ $2 per square yard
.. Add #57, 6" Diameter Perforated Pipe c/w Filter Fabric $750.00
75 lineal feet @ $10 per lineal foot
.. Reduce #48, Cement Concrete Sidewalk ($5,188.68)
142 square yards @ $36.54 per square yard
II Reduce #25, Crushed Surfacing Top Course ($850.50)
35 tons @ $24.30 per ton
.. Increase #7, Roadway Excavation
28 cubic yards @ $21.46 per cubic yard $600.88
Construction
The pervious cement concrete sidewalk shall be constructed as
shown in the request for proposal dated February 22,2007. All
materials incorporated into the project by this change order shall
be approved by the Engineer.
CONTRACT CHANGE ORDER NO: 1
PROJECT NAME: Auto Center Way Improvements: 6th Street to Southbound SR 3 Onramp
Measurement and Payment
The installation of Pervious Cement Concrete Sidewalk and all
related work shall be full pay for all labor, materials, tools and
equipment required to perform the work, in accordance with the
Specifications and as described in this change order.
X Description
The changes to the storm drainage work include the addition of a
catch basin, and the deletion of 2 proposed catch basins. The
contract pay item unit prices would be applied to the changes.
Below is the breakdown of changes:
. Item #10, Add SD-L5, Catch basin Type I
1 each @ $881.43 per each $881.43
. Item #21, Add Abandon Manhole
1 each @ $1,613.00 per each $1,613.00
. Item #22, Add Structure Excavation Class B Incl. Haul
2.5 cubic yards @ $18.29 per cubic yard $45.73
. Item #9, Add Gravel Borrow Incl. Haul
9 tons @ $15.92 per ton $143.28
. Item #10, Delete SD-L4, Catch basin Type I
1 each @ $881.43 per each ($881.43)
. Item #11, Delete SD-L3, Catch basin Type SM l4A
1 each @ $1,481.36 per each ($1,481.36)
. Item #22, Reduce Structure Excavation Class B Incl. Haul
8.3 cubic yards @ $18.29 per cubic yard ($151.81)
. Item #9, Reduce Gravel Borrow Incl. Haul
14.6 tons @ $15.92 per ton ($232.43)
. Item #16, Reduce Concrete Storm Sewer Pipe 12 in. Diam.
43 lineal feet @ $52.95 per lineal foot ($2,276.85)
Construction
The installation of the SD-L5, Catch basin Type I, will be in
accordance with the specifications. All materials incorporated
into the project by this change order shall be approved by the
Engineer.
Measurement and Payment
The measurement and payment will be based from the contract
pay item measurement and unit prices.
NET CHANGE IN CONTRACT AMOUNT $3,717.36
INCREASE OR (DECREASE)
Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or
nature arising from or connected with any work either covered or affected by this Change Order, including, without
limitation, claims related to contract time, on-site or home office overhead, or lost profits. Nothing in this Change Order
shall limit the City's right to bring a claim for past performance.
The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price
specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in
work, and as to the extension of time allowed, if any, for completion of the entire work due to said Change Order.
This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this
Change Order shall be effective when approved by the City of Bremerton.
Page 2 of3
CONTRACT CHANGE ORDER NO: 1
PROJECT NAME: Auto Center Way Improvements: 6th Street to Southbound ~3 Onramp
The parties whose names appear below warrant that they are authorized to enter into a change order that is binding on
the parties of this contract. In addition, Contractor warrants that it has or will inform the surety of this change, and shall
take appropriate action to modify any bonds required under the contract to address this change.
RECOMMENDED:
Dlf//t/07
Date
RECOMMENDED:
ACCEPTED:
tJ;~j/t1J
Date
COI()J.JvtfcT C(I, '1/r f/O 7.
Date
APPROVED:
'7'-32)-;')/
Date
ATTEST:
Bremerton
Page 3 of3
Vendor
Subject
Department
Status Code
Amount
Begin Date
End Date
Review Date
Insurance
Comments
Contract Number 4611
CONSTRUCT COMPANY LLC
Auto Center Way Improve/6th St to Sbound SR3 On-Ramp
Engineering
PRO File Class LEG 12-1
$717288.73
02/12/2007
06/30/2007
06/01/2007
GL
AL
E&O
$2000000.00
$1000000.00
$
Insurance Total
Insurance Review Date
$3000000.00
03/01/2007
CONTRACT
CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON
THIS AGREEMENT, made and entered into this/d:;iA) day 0~~20()7,
between the City of Bremerton under and by virtue of Title 35 RCW (cities) as amende, and
LON5'11ZUCr L/D'I-1PI-\/'if.. LLC-
"
hereinafter called the Contractor.
WITNESSETH:
That in consideration of the terms and conditions contained herein and attached and made
a part of this agreement, the parties hereto covenant and agree as follows:
I. The Contractor shall do all work and furnish all tools, materials and equipment for the
Auto Center Way; 6th Street to the Southbound SR 3 Onramp, in accordance with and as
described in the attached Plans and Specifications, and the 2006 Standard Specifications of the
Washington State Department of Transportation which are by this reference incorporated herein
and made part hereof and shall perform any changes in the work in accord with the Contract
Documents.
The Contractor shall provide and bear the expense of all equipment, work, and labor, of any sort
whatsoever that may be required for the transfer of materials and for constructing and completing
the work provided for in these Contract Documents except those items mentioned therein to be
furnished by the City of Bremerton.
II. The City of Bremerton hereby contracts with Contractor and Contractor hereby agrees
to provide the materials and to do and cause to be done the above described work and to complete
and finish the same in accord with the attached Plans and Specifications and the terms and
conditions herein contained and hereby Contracts to pay for the same according to the attached
specifications and the schedule of unit or itemized prices at the time and in the manner and upon
the conditions provided for in this Contract.
III. The Contractor is and shall be at all times acting as an independent contractor and
not as an employee of the City. The Contractor shall secure at its expense, and shall be
responsible for all payments of income tax, social security, state industrial insurance
compensation, unemployment compensation, and all other payroll deductions for the Contractor,
officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable
business licenses, if required, in connection with the contract services, including all required
licenses for Contractor's officers, agents, employees and subcontractors.
IV. The Contractor for himself/herself, and for his/her heirs, executors, administrators,
successors, assigns, does hereby agree to the full performance of all the covenants herein
contained upon the part of the Contractor.
V. It is further provided that no liability shall attach to the City of Bremerton by reason
of entering into this Contract, except as provided herein.
City of Bremerton
Auto Center Way
61h Street to Southbound SR 3 Om-amp
LD-15
December 2006
VI. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers hannless from any and all claims, injuries,
damages, losses or suits including all legal cost and attorney fees, arising out of or in cOlmection
with the performance of this agreement, except for injuries and damages solely caused by the
City's negligence.
The City's inspection or acceptance of any of Contractor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, then, in the event ofliability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence ofthe Contractor
and the City, its officials, employees, agents and volunteers, the Contractor's liability
hereunder shall be only to the extent of the Contractor's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS
INDEMNIFICATION CONSITUTES THE CONTRACTOR'S WANER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF
THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE
MUTUALL Y NEGOTIATED THIS WANER.
The provisions of this section shall survive the expiration of termination of this agreement.
IN WITNESS WHEREOF, the Contractor has executed this instrument, on the day and year first
below written and the Local Agency Approving Authority has caused this instrument to be executed
by and in the name of said City ofBremerton the day and year first above written.
Executed by the Contractor this '3 G
day of ~ u,~'v,o. \"' '"(
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Contractor
Executed by the Local Agency this J~ day of
Caf!:i 8DUIY)(]f} I1~OY
Cit fBremerton Appro'ving A ority
( SEAL)
City of Bremerton
Auto Center Way
6th Street to Southbound SR 3 On ramp
LD- J 6
December 2006