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HomeMy WebLinkAbout4611 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 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. ..... ,If ~"'" '~" . ,~." 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 /11:1Jl7/-r- "2. { (2./01". 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 """""'" ..,' III~' f~~'~~~~"',~\ ... ':.~- S'u; I ~AR ~ l; : : : ~.4- : : ; IA\ PUBLIC i~] - ~" &: ..,' .......J ' -;. ..,-X...,..... 15 . "";,,, ,.-:- ~ ~..~ ##",...." ~~ " """'0,: Wf4.S'Y' .' . ,/, { , I I I \ t \ iW'/'LtLii1 /!;xLh.ItA---' ~\'l\-4,\~~?it, , ," 11'\111" ", _-' "i"''''8IIIV ;,,1 ,:" 6" ~# ""lU'.'Hf of, /:j'....~-;.,,~ ~"""~~.'- "':,. .'"",-'lo'./i- ~1J.JllI;JO' ,:s.' ~., ,,"1 A"",..,....,. .. (\;1 : .~ r.!'\ l vrr l '411 ~ . ......: ... r'H Uil"\: '..', J8 .,~. ~ .. .:~~, ~i ~,~,IIO ":. ,~ ',;~;,~t ~'.:~~~~'~"1 ~...' 'v , '- ":\<J ">;, .: iT, . 4 .. ~ki1~ap;u;corn-- -- 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- -"L-_ '1 Initials ~' ,.. " 020051298200000033562 Date Ok'd 62;.);/ )Ok (. +, ) . ~. c', ~ES.SRIPTI~t'I'oTiiE~c91;i'1E~S/CHARGES' C> i. '\( NET' AMoUNT '. 0', .;t' '~ . .IAD~~MBE~/t~I?'D~TE 2x1 220382 01/18 iI Kit$~i/4?;8un _____o -.. - u__ ------.1-;'--..- -----.. 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 DV T ...~ - , '., ..' 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 )q:,'\;::'w::toi 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 ,:- -~, .' ",EmploymentSecurity Department ~,,;~;:'=-~~~~;~i::~~~::~?{y~s3.!~':A219~:~s~1:tE~'::'~- ", , ., :'._._-, -,-" - , . ' 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 .~'" 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'- ...... ...... ..!!! OJ ::J "S a:: a:: 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. \"' '"( TJi ,20 f:' ~) 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