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Home My WebLink About4891 Contract Number: 4891 Vendor: TITAN EARTHWORK LLC Subject: Pacific Avenue Improvements - Burwell Avenue to 5th Street Department: Engineering File Class: LEG 12 -1 Begin Date: 3/5/2010 End Date: 10/15/2010 Review Date: Vault Date: 1/1/2012 Comments: Change Order # 1 - 10/10, Notice of completion published on 10/15/10 PUBLIC WORKS AND UTILITIES 3027 Olympus Dnve *Bremerton, WA 98310 -4799 * (360) 473 -5318 *FAX (360) 473 -5018 MEMORANDUM ENGINEERING DIVISION TO: Carol Etgen FROM: Eduardo Aban A— DATE: March 2, 2011 SUBJ: Pacific Avenue Improvements Burwell Street — 5 Street Contractor — Titan Earthwork, LLC I have received all the releases from the State of Washington and completed the necessary procedures for project closeout The following documentation is attached for your files Project Release signed by Contractor Certificate of Payment of State Excise Taxes by Public Works Contractor Department of Labor and Industries Release Certificate of Payment from Employment Security Department Advertisement of "Notice of Final Completion" If release of retainage 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 Carol 711111"City Cler ACCEPTANCE OF COMPENSATION & RELEASE OF ALL CLAIMS Pacific Avenue Improvements: Burwell Street — 5th Street Project No. 102510 — Contract No. 102510 Titan Earthwork LLC hereby indicates agreement with, and acceptance of, the final Progress Payment of $113,298.51, the total Contract Price of $527,428.81 including Washington State sales and/or use taxes, and the final Contract Time of 100 calendar days, as full and final compensation for all Work performed in connection with Project No 102510, and does hereby release the City of Bremerton from all claims, liabihty, demands, damages and actions of any kind whatsoever, ansmg from performance of that Contract Titan Earthwork LL By -7 Jeel Date p Title ::Gz � - Veb � aT1+�T VE Certificate of Notary Subscribed and sworn to before me this �� day of O ovwfbea-, 7U(L> ' � b IJ nhll� w � � 0 �SV + Ri 7. ``'��, °p wASO.�`; Washington State ( Re + venue 'w' of Department of Revenue PO Box 47474 Olympia, WA 98504 -7474 602 605 763 Certificate of Payment of State Excise „y. Taxes by Public Works Contractor TITAN EARTHWORK LLC CITY OF BREMERTON 13806 16TH ST E EDUARDO ABAN� °�t SUER WA 98390 9630 3027 OLYMPUS DR F' BREMERTON WA 98310 DEC 2 100 We hereby certify that taxes, increases and penalties due or to become due from the above -named contractor under Chapter 180, Laws of 1935, as amended, with respect to the following public works contract CITY OF BREMERTON 102510, PACIFIC AVE IMPS, BURWELL ST — 4TH ST 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 state'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 the above - mentioned contract or other activities Dated f 10 at Olympia, Washington, State of Washington Department of Revenue ,__ �,/ . �1_ k 7 evv� — Certifying Officer For tax assistance, visit dor wa gov or call 1- 800 - 647 -7706 To inquire about the availability of this document in an alternate format for the visually impaired , please call (360) 705 -6715 Teletype (TTY users may call 1- 800 - 451 -7985 REV 310028 (10- 01 -02) S STArp U� o � i F h� ,e ea STATE OF WASHINGTON DEPARTMENT OF LABOR AND INDUSTRIES CITY OF BREMERTON LN 8 26 ATTN: EDUARDO ABAN PE 3027 OLYMPUS DRIVE BREMERTON WA 98310 �''r, D iVIS10N Certificate of Release of the State's Lien on Public Works Contracts With this letter, the Washington State Department of Labor & Industries approves of your release or payment of the contract amount retained from the following contractor - -- TITAN EARTHWORK LLC 129,376 -00 602 605 763 13806 16TH ST E SUMNER WA 98390 -9630 - -- related to the following public works contract: RECONSTRUCT CEMENT SIDEWALK,CURB,GUTTER,TREE WELLS,PLANTER S 102510 This approval is for workers' compensation insurance premiums only. L &I's prevailing wage section separately requires all contractors on the Project file an affidavit of wages paid. These affidavits must be approved before retainage can be released. In our opinion, all workers' compensation insurance premiums, increases, and penalties due to L &I from this contractor have been paid in full or are readily collectible without recourse to the state's lien on the retained percentage. ** This letter's sole purpose is to communicate our release of the state's lien to the public official responsible for paying or authorizing the Payment of public funds to the contractor named above. If we later determine that the contractor owes additional premiums related to the above - mentioned contract or other activities, the contractor is still liable for payment. Dat d February 24 Olympia, Washington. Contract Fdlease Specialist WENDY SINKS 360 - 902 -5772 or MCWE235@LNI.WA.GOV ** Title 51 RCW authorizes L &I to collect workers' compensation insurance premiums, increases, and penalties. Chapter 60.28 RCW establishes L &I's priority regarding this lien. Chapter 39.12 RCW addresses L &I's requirement for affidavits of wages paid. .r Employment Security Department WASHINGTON STATE CONTRACTOR TITAN EARTHWORK LLC ) CERTIFICATE OF 13806 16TH ST E ) PAYMENT OF CONTRIBUTIONS SUMNER, WA 98390 ) PENALTIES AND INTEREST ON PUBLIC WORKS CONTRACT ES Reference No- _ 362580-006 TO CITY OF BREMERTON- EDUARDO ABAN 9 3027 OLYMPUS DR BREMERTON, WA 98310 4 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 respect to the following public works contract 102510 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 December 3, 2010 COMMISSIONER E OYM T SECURITY DEPARTMENT By (Authorized Representative), Original— Disbursing Officer Duplicate— Employer Triplicate--Central Office Files EMS 8449 760 R3 -98 K AFFIDAVIT OF PUBLICATION Account #42742 AD #266225 (20106569) STATE OF WASHINGTON COUNTY OF KITSAP I, Laura Wessels, being first duly sworn on oath, deposes and says That she is now, and at all times embraced in the publication herem 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 an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit And on October 15, 2010 such newspaper was regularly distributed to its subscribers during all of said period The full amount of the fee charged for the foregoing publication is the sum of $36 45 This amount has not been paid in full (Signature of Principal Clerk) a��q�ueu�yy RX Subscribed and sworn to before me this day of November 5, 2010 U.� %S� r Jul 8 2012 =U) •2- �. .� Notary Public in and for the State of Washington, Kitsap C unty r'4, F •�UBi,t`•:��• WA NOTICE OF COMPLETION Notice of Completion has been issued to Titan Earthwork, Project No 102510, for the Pacific Avenue Improvements 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 Bremerton, Washington 98337 October 15TH , 2010 AD #20106569 PUBLIC WORKS AND v a�aa. MES 1027 01.%mpus Drt%c = Fremcnon_ h A 9931&4799 = ( *FAX (360) 4 1EM O]AM1M T4: Carol Etgen OIL: Eduardo Aran 41 DATE: March 2.21111 SM-. Pacific Avenue Improvements: Burwell Street — 5`' Street Conrractor — Titan Earthwork, LLC I have received all the releases from the State of Washington and completed the necessary procedures for project closeout The following documentation is attached for your files Project Release signed by Comuacior Certificate o f Payment of State Ex Taxes by Publ Works, Contractor Department of Labor and Industries Release Certificate of Payment from Employment Security Department Advertisement of "Notice of Final Completion" If release of retainage for this project is acceptable to you, please indicate by signing below then return this to me. I kvili see that the necessary accounting paperwork is processed to release the retainage. Please call me if you have any questions at X2317. 1 Carol Ei , ic City Cler AtFIDAVIT OF PUBLICATION Account #42742 AD #266 225 (20106569) STATE OF WASHINGTON COUNTY OF KITSAP 1, Laura Wessels, 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 KrLmp, 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 Kntsap County, Washington and is now and during all of said tune. was printed in an office maintained in the aforesaid place of publication of said newspaper. that the following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date. to wit And on October 15, 2010 such newspaper was regularly distributed to its subscribers during all of said period The full amount of the fee charged for the foregoing publication is the sum of $36.45 This amount has not been paid in full. i (Signature of Principal Clerk) Subscribed and sworn to before me this day of November 5.2010 p'Tll . � A /¢ d o 4 Jul 8 2®12 4 �log O� P IJB LIG o 60 Notary Public in and for the State of Washington. Kitsap C unty ([ e ii�ii�i+ %,, NOTICE OF COMPLETION Notice of Completion has been issued to Titan Earthwork, Project No 102510. for the Pacific Avenue Improvements 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 Bremerton, Washington 95337 October 15TH, 2010 AD420106569 ACCEPTANCE O F COWENSATIIIN & REL EASE OF ALL CLAIMS Pacific Avenue Improvements: Burwel ii Street — 5 Street Project No. 102510 — Contract No. 102510 Titan Earthwork LLC hereby mdicates agreement with, and acceptance of, the final Progress Payment of $113,298.51, the total Contract Price of $527,428.81 including Washington State sales and/or use taxes. and the final Contract Time of 100 calendar days, as fall and final compensation for all Work performed in connection with Project No 102510, 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. Titan Earthwork L ' BY �.��G'Vr &-? tr.1 gate. _ -&,� p Title: — 't,ro"'w' F,M e t —% 1 - 45 Certificate of Notary ` Subscribed and s%vorn to before me thi _ day of L, � `L , Zzio kl�itd vo tift - JE }its( (`lM kki-J�,4 C&b C1 �. � tt' f i l l , ® a.. ti ��ttti1t19fi 9 � !� i� •o� wry ,�. o 11 O 4 WASO'XN � 444t4�� Washtneton State Department of Revenue j �' 4 Cnt ie Po Sox 47474 Olymptr, WA 98504 -7474 602 605 763 Certificate of Payment of State Excise 'Faxes by Public Works Contractor TITAN EARTHWORK LLC CITY OF BREMERTON _ 13806 16TH ST E EDUARDO ARAN SUMNER WA 98390 9630 3027 OLYMPUS DR BREMERTON WA 98310 We hereby certify that taxes, increases and penalties due or to become due from the above -named contractor under Chapter 180, Laws of 1935, as amended, with respect to the following public works contract CITY OF BREMERTON 102510, PACIFIC AVE IMPS, BURWELL ST — 4TH ST 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 state's lien on the retained percentage provided by this Chaptei 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 the above - mentioned contract or other activities. Dated _j��{} at Olympia, Washington, State of Washington Department of Revenue Certtfytng Officer 10r lax assistance, visit dor %va Sov or call 1- 800 - 647.7706 To inquire about the availability of this document to an alternate rormat For the visually impaired please call 060) 705 -6715 Teletype (T'rYl users may call 1- 800 -451 -7985 REV 310028 (10-01-12) S �- Empoloyment Security Department WASHINGTON STATE CONTRACTOR. TITAN EARTHWORK LLC ) CERTIFICATE OF 1380616TH ST E ) PAYMENT OF CONTRIBUTIONS SUMNER, WA 98390 } PENALTIES AND INTEREST ON } PUBLIC WORKS CONTRACT ES Reference No._____., 362580-00 6 TO: CITY OF BREMERTON- EDUARDO ABAN 3027 OLYMPUS DR t BREMERTON, WA 98310 c , 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 respect to the following public works contract: 10510 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 60.29 040 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 December 3, 2010 COMMISSIONER E OYM EN T SECURITY DEPARTMENT By v r' (Authorized Representative) . Original— Disbursing Officer Duplicate — Employer Triplicate --- Central Office Files EMS 8449 760 R3 -98 �� aserE a a c � t v Y ? j C aey ` STATE OF WASHINGTON DEPARTMENT OF LABOR AND INDUSTRIES CITY OF BREMERTON ATTN: EDUARDO ARAN PE 3027 OLYMPUS DRIVE BREMERTON WA 98310 Certificate of Release of the State's Lien on Public Works Contracts With this letter, the Washington State Department of Labor & Industries approves of your release or payment of the contract amount retained from the following contractor - -- TITAN EARTHWORK LLC 129,376 -00 602 605 763 13806 16TH ST E SUMNER WA 98390 -9630 --- related to the following public works contract: RECONSTRUCT CEMENT SIDEWALK,CURB,fUTTER,TREE WELLS,PLANTER S 102510 This approval is for workers' compensation insurance premiums only. L &I's prevailing wage section separately requires all contractors on the project file an affidavit of wages paid. These affidavits must be approved before retainage can be released. In our opinion all workers' compensation insurance premiums, increases, and penalties due to L &I from this contractor have been paid in full or are readily collectible without recourse to the state's lien on the retained percentage. ** This letter's sole purpose is to communicate our release of the state's lien to the public official responsible for paying or authorizing the Payment of public funds to the contractor named above. If we later determine that the contractor owes additional premiums related to the above- mentioned contract or other activities, the contractor is still liable for payment. Dat d February 24, r7a Olympia, Washington. if Contract RVlease Specialist WENDY SINKS 360 - 902 -5772 or MCWE235 @LNI.WA.GDV Title 51 RCW authorizes L &I to collect workers' compensation insurance premiums, increases, and penalties. Chapter 60.28 RCW establishes L &I's priority regarding this lien. Chapter 39.12 RCW addresses L &I's requirement for affidavits of i i CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 1 PROJECT NAME: Pacific Avenue improvements PROJECT NO: 102510 CONTRACTOR: Titan Earthwork, Inc. ORIGINAL CONTRACT AMOUNT: � $435,000.00 DAYS: 100 PREVIOUSLY APPROVED CHANGES: $0.00 DAYS: THIS CHANGE: $72,576.00 DAYS: REVISED CONTRACT AMOUNT: $507,576.00 DAYS: This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. DESCRIPTION OF CHANGES INCREASE IN (DECREASE) IN CONTRACT o � CONTRACT CONTRACT TIME � � AMOUNT AMOUNT EXTENSION a� a� ($) ($) (DAYS) � � � � g 1. Additional Mobilization/Demobilization De.ccription This work consists of additional equipment and material moves during the Armed Forces Day parade as well as additional costs related to supervision, coordination, and other related equipment costs. 1.1 Add Item #lA, "Additional Mobilization/Demobilization" 1 lump sum @$10,000 per lump sum $10,000.00 � Constraction Reqnirements The Contractor shall ensure that Pacific Avenue within the construction work azea will be accessible and safe to tra�c. The roadside area shall be accessible and safe to pedestrians. The Contractors equipment, equipment attachments, materials stored and stockpiled on the street, and vehicles shall be removed from the work site. The temporary traffic controls shall be removed. After the parade, construction work shall resume until physical completion of the contract. g 2. Delay Dne to Change in Traffic Control Plsn Description This consists of compensation for delay associated with change in traffic control plan at the intersection of 4�` Street and Pacific Avenue. The delay affected the expected productivity of work in Phase 1 between Burwell Street and the alley north of 4�' Street. 2.1 Add Item #58, "Delay" 1 lump sum @$6,000.00 per lump sum $6,000.00 g 3. Sawcnt Price Adjustment Description This consists of adjusting the unit Contract price for bid item #4 "Sawcutting" due to increased thickness of the pavement. The CONTRACT CHANGE ORDER NO: 'I PROJECT NAME: Pacific Avenue Improvements: Burwell Street to 5 Street � thicla�ess of the existing pavement was discovered to be twice that stipulated in the Contract. 3.1 Add Item #4A, "Price Adjustment - Sawcutting" 16801inear feet @$8.50 per linear foot $14,280.00 X 4. Remove Cement Conc. Pavement Price Adjustment Description This consists of adjusting the unit Contract prices for bid item #8. The price adjustment is due to the unexpected thickness of the existing pavement. See sawcut price adjustment above. 4.1 Add Item #8A, "Price Adjustment — Remove Cement Conc. Pavement" 2078 square yazd @$7.50 per square yard $15,585.00 4.2 Increase Item #8, "Remove Cement Conc. PavemenY' 1722 square yazd @$17.50 per square yard $30,135.00 4.3 Delete Item #7, "Remove Asphalt Conc. Over Cement Conc. Pavement" 703 square yard @$8.00 per square yard ($5,624.00) X 5. Install two 4-inch diameter conduits for PSE Description This consists of installing two 150-foot long 4-inch diameter schedule 80 conduits for future power service conversion by PSE that will service the proposed parking garage at Park Avenue and 4�' Street. 5.1 Add Item #59, "Conduits for PSE" 1 lump sum @$2,200.00 per lump sum $2,200.00 NET CHANGE IN CONTRACT AMOUNT $78,200.00 ($5,624.00) INCREASE OR (DECREASE) Page 2 of 3 CONTRACT CHANGE ORDER NO: 'I PROJECT NAME: Pacific Avenue Improvements: Burweli Street to 5 Street 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. 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: . �-✓ti-- �'�'/ 2 3 �1 d PROJEC ENGINEER Date RECOMMENDED: '� � ��-�' � 2- / CITY ENGINEER / DIRECTOR OF PUBLIC WORKS Date ACCEPTED: 5 4/3 ` � � C TRACTO Date APPROVED: � � �� ' �! � MAYOR Date APPRO O FORM: ATTEST: on Attorney City Cterk �� "� �� x,�/�'G Page 3 of 3 Contract Number: 4891 � Vendor: TITAN EARTHWORK LLC Subject: Pacific Avenue Improvements - Burwell Avenue to 5th Street Department: Engineering File Class: LEG 12-1 Begin Date: 3/5/2010 End Date: 10/15/2010 Review Date: Vault Date: 12/31/2012 Comments: Notice of completion published in DJC on 10/15/10, any parties w/ claims have 45 days to file. co�cT CI'�'Y OF BREMERTON, KITSAP COUNTY, WASHII�TGTON THIS AGREEMENT, made and entered into this �_ day of 20�, between the City of Bremerton under and by virtue of Title 35 RCW (cities) amended, and 1'ITAN EARTHVVORK, 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 fumish all tools, materials and equipment for the PaciSc Avenne Improvements, in accordance with and as described in the attached Plans and Specifications, and the 2008 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 beaz 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 fmish 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. N. 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 Pacific Avenue Improvements LD-12 December 2009 � VI. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal cost and attorney fees, azising out of or in connection 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 of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the 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 FURTI-�ER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSITUTES TF� CONTRACTOR'S WAIVER OF IlVIMIJNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDENINIFICATION. TI� PARTIES ACKNOWLEDGE THAT'THEY HAVE MUTUALLY 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 yeaz first below written and the Loca1 Agency Approving Authority has caused this instrument to be executed by and in the name of said City of Bremerton the day and yeaz first above written. Executed by the Contractor this day of 20 Contractor Executed by the Local Agency this �f� day of 20 /C9 (SEAL) /�- City of Bremerton Approving Authority i of Bremerton Attorney r ��.-��.s� , �s �e �"w. City of Bremerton Pacific Avenue Improvements LD-13 December 2009