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Home My WebLink About4403 +--------------------------------------------------------------------------+ +Enter Search Criteria, Press Esc Key to Transmit + +press Del Key to Terminate Delete Mode + + CHANGE Contract Transactions + + Contract Number 4403 + + + +vendor Name STAN PALMER CONSTRUCTION INC + +subject MISSOURI GATE PHASE - SR304 TIP + +Department ENGINEERING + +Status Code CON + + Amount $3065403.87 + + Begin Date 11/17/2003 + + Insurance End Date OS/23/2005 + + Type Amount Review Date 02/15/2007 + + GL $2000000.00 + + AL $1000000.00 + + + + Insurance Total $3000000.00 + + Insurance Review Date 07/01/2005 + + + + Comments CHANGE ORDER #1/#2/#3-2/04 #4-6/04 #5-9/04 #6-9/04 + + #7-2/05 #8-6/05 VAULT 01/01/2007 + + + +--------------------------------------------------------------------------+ Public Works and Utilities Department - Administration 3027 Olympus Drive. Bremerton, WA 98310 . (360) 473-2327 . FAX (360) 473-5018 January 4, 2006' St. Paul Fire And Marine Insurance Company Attn: Stacy Cutbirth 3850 Bank of America Tower 701 Fifth Avenue Seattle, W A 98104 RE: Release of Retain age Bond 400SV0759 Stan Palmer Construction ~ompany, Inc. PW Project: SR304 T.I.P., Missouri Gate Phase Dear Ms. Cutbirth, The contractor has completed all work on the Public Works project associated with this retainage bond. Please release the bond at your earliest convenience. Thank you for your prompt attention to this matter. Sincerely, A;//fV~ Mildred H. Vellegas, CPA PW & U Financial Manager cc: Stan Palmer Construction Co., Inc. Paula Johnston, City Clerk, City of Bremerton Contract file AFFIDAVIT OF PUBLICATION, t(Q)[P>Y No. Ad # 100139757 STATE OF W ASIDNGTON COUNTY OF KITSAP I, Christine Nelson, 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 THE 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, and is now and during all of said time, was printed in an,office maintained in the aforesaid place of publication of said newspaper; February 61h , 2005 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full mount of the fee charged for the foregoing publication is the sum of $33.78 which amount has not been paid. LP n~.AJiC~,-JJ.tJ~~6 (Signature of Principal Clerk) Subscribed and sworn to before me this day of February, 91h, 2005. OFFICIAL SEAL DAWN BLATT NOTARY PUBUC . STATE OF WASHINGTON My Commission Expires July 30, 2006 CITY OF BREMERTON' NOTICE OF FINAL COMPLETION' Notice of Completion has been issued by Stan Palmer Construction Company Inc., on Contract No. 4403, for the SR 304 Transportatibn Improvement Project; The Missouri Gate Phase; Sta. 51 +50 to Porter Street. Any p!lfties 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.- _ William Eley- Purchasing Manager- 345 Sixth Street, Suite 600- Bremerton Washington 98337-187T February 6,2005,,#100139757':' + ", AFFIDAVIT Of PUBLICATION No. Ad # 100139757 STATE OF WASHINGTON COUNTY OF KITSAP I, Christine Nelson, 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 THE, KlTSAP SUN; !pat said newspaper has been approved as a legal newspaper by order of the Superior Court of the COUllty 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 Engli.sh language continually as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all ofsaid time, was printed in an office maintained in the aforesaid place of publication' of said newspaper; February 61h', 2005 and that such newspaper was regularly distri~uted to its subscri,bers during all of said period. That the full mount of the fee charged for the foregoing publication is the sum of $33.78 which amount has not been paid. ' La~~~C'~ ~ M~-c- (Signature of Principal Clerk) Subscribed and sworn to before me this day of February, 91h, 2005'. CITY OF BREMERTON' NOTICE OF FINAL COMPLETION' Notice of Completion has been issued by Stan Plilmer Construction Company Inc., on Contract No. 4403, for the SR 304 Transportation ;Improvement Project; The Missouri Gate Phase; Sta. 51 +50 to Porter Street. Any parties having a' claim for material, labor or damages related to this Contract have forty-five (45) days from the date of frrst publication of this notice to file a claim.- William Eley- Purchasing Manager- 345' Sixth Street, Suite 600- Bremerton Washington 98337-1873- February 6, 2005--#100139757- ACCEPTANCE OF COMPENSATION & RELEASE OF ALL CLAIMS SR 304'T.l.P., The Missouri Gate Phase; Sta. 51+50 to Porter Street Project No. 10527 - Contract No. 4403 Stan Palmer Construction Company, Inc, hereby indicates agreement' ~th, and acceptance pf, the final Contract Credit of ($7500.00), the total Contr~ct Price of $2,982,911.57 including Washington State sales and/or us'e taxes, and the final Contract Time of 232 calendar days, as full and final compens8:tion for all Work performed in connection with Contract Number 4403, 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. Stan Palmer Construction Company;'-Inc By: Date: I z.,J-rA OS" 21111111", , ,\\ ^- J ~ "I, "~'\Q"'" .' r.lj 'I, ~',,- .. e._.. 'l:!A'!, $" ._ a. .Y~ $ .. ~OT/lb ..~ : .. ..{I::y. -.""''S, .~ : No · -: :rn. V. 15,2007: E =~. . :: ;y.. .P :~S ~~. VPllC .0:: ~~,-... J.. J. ..f'. $' "'0. 'rA~ ~ '/:".... "" '. ~'OJ'~ ' J::: 1111" WAst\.~ ,<4 "'"lIh1l f(fY~ / .; Title: Certificate of N otarv j ~ ts.. day of Subscribed and 'sworn to before me.this Verify Workers' Comp Premium St~tus - Employer Liability Certificate Page 1 of 1 Wasbington State Department of Labor and Industries Employer Liability <;ertificate ' Depart~e~t. of Lab~r and Industries Employ:~r L:iability Certificate O~te: 10/27/2005 UBI #: 600 336 626 Business Name: STAN PALMER CONST , Legal :eusiness Name:,', STAN PALMER CONSTRUCTION INC Account#: 38~;931-00 'Domg Business As' Name: STAN PALMER CONST INC , , Quarterly 'P~emiuin Reports: ' Quarter 3 ~f Year 2005 Workers','Co~p Premium Status:' Accou,nt is current,'Firin has'vo1untarily reported and paid their premiums. ' ' ,', Licensed Contractor? ' Yes ' , Account Representative: TW 1 COLLEEN NELSON (360)902-4715 - E-mail: NELS235@lni.wa.gov' " Industrial ,Insurance Information The information above :&hows the employer's indu~trial,insUrance (workers' compensation) premium status with the Depa.rt:Jnent of Labor ~~d Industries. , , , Employers rep~rt and pay 'prem.i~s' each quarter based oIi.,hours of employee :work al~eady , performed, and are liable, for pr~miUms found later to be due. Industrial'insurance accounts have , no policy periods, cancellation dates or limitations ~f cover~ge. (See RCW 51.'12.050 and 51.1~.190.) , ' " ',,", ' " . 'I https:llfortress.wa.gov/lni/crpsi/AcctInfoPrint.aspx? AccountI4=3 8393190&AccountMana... 10/27/2005 ~ ~ Employment Security Department WASHINGTON STATE PO Box 9046. Olympia, WA 98507-9046 CONTRACTOR: Stan Palmer Construction Inc. 5107 State Hwy. 3 S.W. Port Orchard, W A 98367 ) CERTIFICATE OF ) PAYMENT OF CONTRIBUTIONS ) PENALTIES AND INTEREST ON ) PUBLIC WORKS CONTRACT 'ES Reference No. 461102-.001 TO: City ofBremerton - Public Works & Utilities 3027 Olympus Dr. Bremerton, WA 98310 The Employment Security Department hereby certifies that contributions, penalties and interest due from the above named contractor under the Employment Security Act have been paid in full or provi<,ied for with respect to the followi~g public works contract: SR 304 T.I.P., The Missouri Gate Phase 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. : (:,:., :' 'h~t~'(f-kt:OI;ripia, Washington on July 22,2005. COMMISSIONER EMPLOYMENT SECURITY DEPARTMENT B~fJ:~~T~~rl Original-Disbursing Officer Duplicate-Employer Triplicate-Central Office Files . .... .'j, EMS 8449 760 R3~98 -RECEJVED ,JUl2 5' 2005 ENGINEERING DIVISION C~~,:";+hE"~.~ ~)t;'rT~T,:":~I~ r-rpq. ~p.rt"l~'.~":..r .tJ 'T "','~" )Tl....~! f\t"'1tfl"t_:r', .'i....f(""'1..:~!'I'~~' ~.: :," :. ': .~..:.: :":',:;1-" ;:~.~:,.~~': : -; :' .;... ~.;'~- M'; ~. :-~..'~r.;:-(s. . .. : ,: :.i... '_t :: '.d'. :'. "-:.l '. ..-'.J (";'..'.. _ ,~::- _: .~. : ..' '" ': ~ ~::...~ :;": ':'_,~~{\ ~~~.:. ;:'A..;';.~ ;':"':'.-; ~:.(:..~ :':~!' l ~ -;~':' .+. ~E~ , Washington State Department of Revenue PO Box 47474 ' Olympia, WA 98504-7474 600 336 626 Certificate of Payment of State" Excise Taxes by Public Works Contractor' STAN PALMER CONSTRUCTION COMPANY INC' 5107 STATE HWY 3 SW PORT ORCHARD,WA ,98367 7486 CITY OF BREMERTON DEPT OF PUBLIC'WORKS & UTILITIES 3027 OLYMPUS' DR BREMERTON WA ", 9 8'31 0 \ 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 I ' contract: ' CITY OF BREMERTON SR 3,04 ,TIP; THE MISSOURI GATE PHASE together with ail other taxes, increases and penalties due, from such contractor, have been paid in full or that they are, in-,the Department's opinion, readily collectjble with9ut rec,oW"~e, to tht;: s~ate's)!en 'on the,retaiQ-ed , . . . .., ~ . ~ .. ~. ~ . - - .. '\, . . . I ., '. ' percentage. '. This certificate is issued pursuant to the provision of Chapter"60.2'8 .Revised Code of Washingtop. for the sole purpose of itlforming the state, county, Qr municipal officer charged with the duty of disburSIng or aq.thorizing the payment of p~blic f~ds 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 saip contractor from liability"for additional taX that may be later determined to be due with respect to the above-mentioned contract or other ac~vities. ), cr/;;.' i/~ot'J~ {, I , Dated at Olympia, Washington, State of Washingtqn Zt~OfReve~ -C- -.o-.--Offi~ e rymg cer , , . '- To inquire about t:P.e availability of this document'in an alternate format for the visually impaired or in a language other than English, please call' (360)}86-2342, TrY users may .calll ~800-451-7985, , , ' ., . RE~ 31 0028 (10-0,1-02) 'ROUTING:~contractor, File, Special Fil~ .. CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 8 PROJECT NAME: SR 304 TIP; The Missouri Gate Phase PROJECT NO: 10527 CONTRACTOR: Stan Palmer Const. Co., Inc. PREVIOUSLY APPROVED CHANGES: $3,023,451.23 DAYS: $49,452.64 DAYS: 230 ORIGINAL CONTRACT AMOUNT: 2 REVISED CONTRACT AMOUNT: ($7500) DAYS: $3,065,403.87 DAYS: o THIS CHANGE: 232 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. DESCRIPTION OF CHANGES INCREASE IN CONTRACT AMOUNT ($) (DECREASE) IN CONTRACT AMOUNT ($) CONTRACT TIME EXTENSION (DAYS:) o ...... I"- I"- ...... ...... CD CD "'5 "'5 c::: c::: This Change Order revises the plant establishment period. Acceptance of the plantings was on December 3, 2004, along with the irrigation system, and the maintenance period extends to December 3, 2005. The City will be accepting final responsibility and maintenance for the project as of May 23, 2005. Description A modification to the Group 1 Item #51, Irrigation. The elimination of the maintenance period for the irrigation system and plantings within area #2 shall be a credit to the City of $6,906.08. Construction With completion of plant replacements, Contractor shall have completed contract responsibilities for project. Measurement and Payment Group 1 Item #51, Irrigation, shall be full pay for all labor, . materials, tools and equipment required to perform the work in accordance with the Standard Specifications and as described in this change order. The lump sum bid price shall be decreased from $74,000.00 to $67,093.92. (6,906.08) NET CHANGE IN CONTRACT AMOUNT $0 (7,500) 0 INCREASE OR (DECREASE) CONTRACT CHANGE ORDER NO: 8 PROJECT NAME: SR 304 TIP; The Missouri Gate Phase 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: ~Nd / /? ~ t1 .~ '{~/d~ CITY ENGINEER / DIRECT OF PUBLIC WORKS w- '->1.~A f fflL t;;I?%~ Date RECOMMENDED: ACCEPTED: 25;fJ, cYS te MAYOR ell /b:;-- l D~ APPROVED: APPROVED AS TO FORM: ATTEST: erton City Attorney Page 2 of2 +--------------------------------------------------------------------------+ +Enter Search Criteria, Press Esc Key to Transmit + +Press Del Key to Terminate Delete Mode + CHANGE Contract Transactions + Contract Number 4403 -- ==Vendor Name =l=Subject +Department = =Status Code -.- + + =1= + =1= Comments STAN PALMER CONSTRUCTION INC MISSOURI GATE PHASE - SR304 TIP ENGINEERING CON ;= + + + $3072903.87 + 11/17/2003 04/30/2005 04/01/2005 .,. Insurance Type Amount GL $2000000.00 AL $1000000.00 Amount Begin Date End Date Review Date Insurance Total Insurance Review Date $3000000.00 =1= 10/01/2004 + CHANGE ORDER #1/#2/#3-2/04 #4-6/04 #5-9/04 #6-9/04 #7-2/05 +--------------------------------------------------------------------------+ CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 7 PROJECT NAME: SR 304 TIP; The Missouri Gate Phase PROJECT NO: 10527 CONTRACTOR: Stan Palmer Const. Co., Inc. ORIGINAL CONTRACT AMOUNT: $3,023,451.23 DAYS: 230 PREVIOUSLY APPROVED CHANGES: $49,452.64 DAYS: 2 THIS CHANGE: $0 DAYS: o REVISED CONTRACT AMOUNT: $3,072,903.87 DAYS: 232 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. DESCRIPTION OF CHANGES INCREASE IN (DECREASE) IN CONTRACT 0 ..... CONTRACT CONTRACT TIME r-- r-- AMOUNT AMOUNT EXTENSION ..... (I) (I) ($) ($) (DAYS:) "S "S 0::: 0::: Substantial completion for the project was agreed upon by the Contractor and the City November 19, 2004. One item on the punchlist for final acceptance of the project is completion of the seeded lawn areas in accordance with Standard Specifications Section 8-02.3(17). As such, the project will not receive the final inspection nor final acceptance by the City until the seeded lawn meets specifications. Work on the project is suspended as of December 15, 2004 until Spring 2005, or such time as weather permits growth of the seeded lawn application. A performance bond for 150% of the cost of the seeded lawn installation shall be posted by the contractor and held by the City until acceptance of the seeded lawn areas by the City. The cost of this bond is to be $3,466.00. This bond for seeded lawn installation shall be presented to the City before release of the existing contract bond. The new bond shall be released by the City upon acceptance by the City of the seeded lawn areas. Inspection of the seeded lawn areas for growth and repairs shall be monthly with the joint plant inspections. -- NET CHANGE IN CONTRACT AMOUNT $0 0 0 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 . CONTRACT CHANGE ORDER NO: 7 PROJECT NAME: SR 304 TIP; The Missouri Gate Phase 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: PR2~'Nt~ 1?plJ!4 RECOMMENDED: ~e.~ ~//,,/~-- CITY ENGINEER / 01 ECT Orr PUBLIC WORKS / I4'8te I ACCEPTED: (7;> Date APPROVED: MAYOR APPROVED AS TO FORM: ATTEST: Page 2 of2 +--------------------------------------------------------------------------+ = .Enter Search Criteria, Press Ese Key to Transmit -- = .Press Del Key to Terminate Delete Mode .- -- CHANGE Contract Transactions .- -- Contract Number 4403 -- T -- ,l,Vendor Name STAN PALMER CONSTRUCTION INC -- "Subj ect MISSOURI GATE PHASE - SR304 TIP -- , 'Department ENGINEERING ,l, , 'Status Code CON -- -- Amount $3051746.23 " -- Begin Date 11/17/2003 ',' -- Insurance End Date 09/30/2004 " -- Type Amount Review Date 09/01/2004 " -- GL $2000000.00 -- -- AL $1000000.00 -- -- -- -- Insurance Total $3000000.00 " -- Insurance Review Date 10/01/2004 " -- -- -- Comments CHANGE ORDER #1/#2/#3-2/04 #4-6/04 #5-9/04 #6-9/04 -- .. -- -- -- +--------------------------------------------------------------------------+ CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 6 PROJECT NAME: SR 304 TIP; The Missouri Gate Phase PROJECT NO: 10527 CONTRACTOR: Stan Palmer Canst. Co., Inc. ORIGINAL CONTRACT AMOUNT: $3,023,451.23 DAYS: 230 PREVIOUSLY APPROVED CHANGES: $48,382.28 DAYS: 2 THIS CHANGE: $1,070.36 DAYS: 0 REVISED CONTRACT AMOUNT: $3,072,903.87 DAYS: 232 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. DESCRIPTION OF CHANGES INCREASE IN (DECREASE) IN CONTRACT o ~ CONTRACT CONTRACT TIME .... .... AMOUNT AMOUNT EXTENSION ~ ~ " " ($) ($) (DAYS:) "S "S 0:: 0:: -- The project allowed the Contractor to chose which style of truncated domes to place in the handicap ramps, whether they were concrete poured in place and painted, or applied after the concrete was in place. In further review of the various styles, the City has chosen T opmark, as manufactured by Flint Trading, Inc., as the standard for City projects. The Contractor has been directed to place the truncated domes using this product. Descri8tion A new roup 1 Item #137, Truncated Domes, shall be added. All handicap ramps within the project limits are to be revised and use the Topmark truncated domes. This shall consist of approximately 40 square feet. Construction The existing concrete truncated domes are to be ground smooth. Placement and installation of the material shall be in accordance with manufacturer's recommendations and the Standard Specifications Section 8-22 for thermally applied products. Measurement and Pavment Group 1 item #137, Truncated Domes, shall be full pay for all labor, materials, tools and equipment required to perform the work, in accordance with the Standard Specifications and as described in this change order. The cost for this change shall be $24.64 per the square foot of material placed or approximately $985.60 total. 1,070.36 0 -- $1,070.36 NET CHANGE IN CONTRACT AMOUNT 0 0 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, CONTRACT CHANGE ORDER NO: _.~ PROJECT NAME: SR 304 TIP; The Missouri Gate Phase 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. C WORKS ACCEPTED: ~ ~.~q"~--~7'"" ~ APPROVED: ~ ~""~ D/at MAYOR e APPR~~ ~Breme~~~ ~'ST:~~~ Page 2 of 2 +Enter Search Criteria, Press Eec Key to Transmit Press Del Key to Terminate Delete Mode CHANGE Contract Transactions Contract Number 4403 Vendor Name STAN PALMER CONSTRUCTION INC ~Subject MISSOURI GATE PHASE - SR304 TIP Department ENGINEERING Status Code CON Amount $3051746.23 Begin Date 11/17/2003 Insurance End Date 09/30/2004 Type Amount Review Date 09/01/2004 GL $2000000.00 AL $1000000.00 + Insurance Total $3000000.00 Insurance Review Date 10/01/2004 + C omments CHANGE ORDER #1/#2/#3-2/04 #4-6/04 #5-9/04 + CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 5 PROJECT NAME: SR 304 TIP; The Missouri Gate Phase PROJECT NO: 10527 CONTRACTOR: Stan Palmer Const. Co., Inc. ORIGINAL CONTRACT AMOUNT: $3,023,451.23 DAYS: 230 PREVIOUSLY APPROVED CHANGES: $28,295.00 DAYS: 0 THIS CHANGE: $21,996.93 DAYS: 2 REVISED CONTRACT AMOUNT: $3,073,743.16 DAYS: 232 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. DESCRIPTION OF CHANGES INCREASE IN (DECREASE) IN CONTRACT o ,- CONTRACT CONTRACT TIME ,- ,- AMOUNT AMOUNT EXTENSION 0~ · ($) ($) (DAYS:) r~ rY In reviewing project grades, the City is concerned for lawn maintenance in the area between the sidewalk and back of curb for Stations 63+00 to 70+00, and the area directly behind the sidewalk at Stations 73+50 to 74+20. As such, the City directs the Contractor to make several changes to the landscaping. This will result in the modification of the unit bid item #51, Irrigation, and the addition of a Group 1 unit bid item #137, PSIPE Ceanothus (1 Gal.) #51, Irrigation, shall be modified. Sprinkler heads in the areas which are to be revised from seeded lawn to plantings shall be replaced. New 6 inch pop-up sprinkler heads shall be used. The existing sprayheads shall be salvaged and remain the property of the City of Bremerton. Construction There shall be no other change in construction of the irrigation system, other than replacement of the sprinkler heads. Materials for this change order have been previously approved by the City. Measurement and Payment Group 1 item #51, Irrigation, shall be full pay for all labor, materials, tools and equipment required to perform the work, in accordance with the Standard Specifications and as described in this change order. The cost for this change shall be a lump sum amount when completed, for $4,480. 4,865.28 1 Item #137, PSIPE Ceanothus (1 Gal.), shall be added to the contract unit bid items. Plant shall be installed into the project into the areas as shown per attached exhibit to City letter of June 7, 2004. Approximately 1,450 plants are required. CONTRACT CHANGE ORDER NO: .~5 PROJECT NAME: SR 304 TIP; The Missouri Gate Phase Construction All materials incorporated into the project by this change order shall be approved by the Engineer. All plantings shall conform to contract details and specifications Measurement and Payment Group 1 item #137, PSIPE Caeanothus (1 Ga/.),, shall be full pay for all labor, materials, tools and equipment required to perform the work, in accordance with the Standard Specifications and as described in this change order. The cost for this change shall be per each, at $9.50 per plant installed. 14959.65 2 In removal of material around an existing sanitary manhole at the intersection of Preble Street and SR 304, the manhole collapsed. The City directed Start Palmer verbally in the field to replace the structure,and it was agreed materials and payment would be in line with the Group 3 items. This change order creates a Group 1 item #29, Manhole 48 In. Diam. Type 3, for payment of the new manhole. ~nGroup 1 Item #29, Manhole 48 In. Diam. Type 3, for the replacement of the structure. Construction There shall be no change in construction of the structure from the contract specifications. Materials for this change order shall be in accordance with those previously approved by the City. Measurement and Payment Group 1 item #29, Manhole 48 In. Diam. Type 3, shall be in accordance with the contract specifications for measurement and payment. 2,172.00 NET CHANGE IN CONTRACT AMOUNT $21,996,93 2 0 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. 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. Page 2 of 3 CONTRACT CHANGE ORDER NO: 5 PROJECT NAME: SR 304 TIP; The Mi,~)souri Gate Phase RECOMMENDED: ~ E~F PUBLIC WORKS Date ACCEPTED: ~ ~ ~ ~~ APPROVED: ~ ~ Date Bremeno~y A~orn~ ~ Cle~-~ ' - Page 3 of 3 IEnter Search Criteria, Press Esc Key to Transmit Press Del Key to Terminate Delete Mode CHANGE Contract Transactions + Contract Number 4403 + +Vendor Name STAN PALMER CONSTRUCTION INC +Subject MISSOURI GATE PHASE - SR304 TIP +Department ENGINEERING +Status Code CON + Amount $3051746.23 + Begin Date 11/17/2003 + Insurance End Date 09/30/2004 + Type Amount Review Date 09/01/2004 GL $2000000.00 AL $1000000.00 + ~ Insurance Total $3000000.00 ~ Insurance Review Date 07/01/2004 + + Comments CHANGE ORDER #1/#2/#3 - 2/04 ~4 - 6/04 + + CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 4 PROJECT NAME: SR 304 TIP; The Missouri Gate Phase PROJECT NO: 10527 CONTRACTOR: Stan Palmer Const. Co., Inc. ORIGINAL CONTRACT AMOUNT: $3,023,451.23 DAYS: 230 PREVIOUSLY APPROVED CHANGES: $28,295.00 DAYS: 0 THIS CHANGE: $0.00 DAYS: 0 REVISED CONTRACT AMOUNT: $3,051,746.23 DAYS: 0 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. DESCRIPTION OF CHANGES INCREASE IN (DECREASE) IN CONTRACT o ~- CONTRACT CONTRACT TIME ~ ~' AMOUNT AMOUNT EXTENSION 0~ ~ ($) ($) (DAYS:) r~ n, The aggregate sources in Kitsap County have benefited through the years with naturally occurnng gravel borrow which would satisfy the WSDOT Standard Specifications. In recent years, this benefit has diminished. The City of Bremerton was unaware of this fact while preparing the plans and specifications for our current project, and bid item #10 Gravel Borrow Incl. Haul. The City wishes to continue using local sources for gravel in its projects. As such, the City will allow the use of testing requirements for Aggregate for Gravel Base (Std. Spec. 9- 03.10) instead of Gravel Borrow (Std. Spec. 9-03(14)1. No other change will occur with bid item #10, Gravel Borrow Incl. Haul, except the change in testing specifications. This will be a no cost change order to the City, and will be retroactive to the start of construction. NET CHANGE IN CONTRACT AMOUNT 0 0 0 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 Bremedon. CONTRACT CHANGE ORDER NO: 4 PROJECT NAME: SR 304 TIP; The Missouri Gate Phase 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:P I~O~CT EN~ ~"~--(~ O~"" ' ' Date RECOMMENDED: CITY ENGINEER / DIRECTO/R-)OF PUBLIC WORKS // ACCEPTED: MAYOR Date APPROVED AS TO FOR.: ATTEST: ,/~~ .A Page 2 of 2 · Enter Search Criteria, Press Esc Key to Transmit :Press Del Key to Terminate Delete Mode CHANGE Contract Transactions Contract Number 4403 Vender Name STAN PALMER CONSTRUCTION INC · Subject MISSOURI GATE PHASE - SR304 TIP · Department ENGINEERING · Status Code CON Amount $3051746.23 Begin Date 11/17/2003 Insurance End Date 09/30/2004 Type Amount Review Date 09/01/2004 GL $2000000.00 AL $1000000.00 Insurance Total $3000000.00 Insurance Review Date 07/01/2004 I Comments CHANGE ORDER #1/#2/#3 - 2/04 CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 3 PROJECT NAME: SR 304 TIP; The Missouri Gate Phase PROJECT NO: 10527 CONTRACTOR: Start Palmer Const. Co., Inc. ORIGINAL CONTRACT AMOUNT: $3,023,451.23 DAYS: 230 PREVIOUSLY APPROVED CHANGES: 19,901.745 DAYS: 0 THIS CHANGE: $8,393.26 DAYS: 0 REVISED CONTRACT AMOUNT: $3,051,746.23 DAYS: 0 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. DESCRIPTION OF CHANGES INCREASE IN (DECREASE) IN CONTRACT o ,- CONTRACT CONTRACT TIME ,- ,- AMOUNT AMOUNT EXTENSION ~) · ($) ($) (DAYS:) In constructingthe soldier pile wall along SR 304, the backslope of the remaining hillside is steeper than designed. To address this situation, two additional Group 1 items are to be created. Item #135, Soldier Pile Wall Extension with Footing, and #136, Geotextile for Soldier Pile Wall. Item #135 will extend soldier pile wall. Item #136 will place geotextile blanket on the slope above the wall to aid in erosion control and vegetation. A new ~roup 1 Item #135, Soldier Pile Wall Extension with Footing, shall be added to the contract unit bid items. The concrete fasciapanel and the finish of the wall will be extended eight feet and the wing wall will be eliminated. This section of panel will also incorporate a 4 foot wide footing at the base of the wall, extending 2 feet into the slope. Construction The wall addition shall be constructed as shown in the drawing revision of Page W1 (Sheet 35 of 57) of the contract plan set, dated January 26, 2004. All materials incorporated into the project by this change order shall be approved by the Engineer. Measurement and Payment Group 1 item #135, Soldier Pile Wall Extension with Footing, shall be full pay for all labor, materials, tools and equipment required to perform the work, in accordance with the Standard Specifications and as described in this change order. The cost for this change shall be a lump sum amount when completed. 7,114.09 1 Item #136, Geotextile for Soldier Pile Wall, shall be added to the contract unit bid items. Approximately 120 square yards of a geotextile (Landlock TRM 450 or equivalent) shall be installed above the soldier CONTRACT CHANGE ORDER NO: 3 PROJECT NAME: SR 304 TIP; The Missouri Gate Phase pile wall on those portions of the slope exceeding the design backslope. Construction The.geotextile shall be installed in the field as staked by the Engineer in accordance with the manufacturer's instructions. All materials incorporated into the project by this change order shall be approved by the Engineer. Measurement and Payment Group 1 item #135, Geotextile for Soldier Pile Wall, shall be full pay for all labor, materials, tools and equipment required to perform the work, in accordance with the Standard Specifications and as described in this change order. The cost for this change shall be a lump sum 1,279.17 amount when completed. NET CHANGE IN CONTRACT AMOUNT 8,393.26 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. 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. RECOMME.DED: ACCEPTED: Date MAYOR Date APPROVED AS TO FORM: ATTEST: ..__. ~ B~,J~erton City Atto~rney~-''- -~ ~ Ci~ Cler~ - -/ Page 2 of 2 .~ -- CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 2 PROJECT NAME: SR 304 TIP; The Missouri Gate Phase PROJECT NO: 10527 CONTRACTOR: Stan Palmer Const. Co., Inc. ORIGINAL CONTRACT AMOUNT: $3,023,451.23 DAYS: 230 PREVIOUSLY APPROVED CHANGES: $1,620.01 DAYS: 0 THIS CHANGE: $18,281.73 DAYS: 0 REVISED CONTRACT AMOUNT: $3,043,352.97 DAYS: 0 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. DESCRIPTION OF CHANGES INCREASE IN (DECREASE) IN CONTRACT o ,.- CONTRACT CONTRACT TIME · - ,'- AMOUNT AMOUNT EXTENSION · · ($) ($) (DAYS:) ~ r~ Due to petroleum contaminated soil (PCS) in the vicinity of the 36 inch HDPE crossing, the City has chosen to relocate the crossing from Station 57+60 to 52+15. With the new crossing location, the excavation for the line is shallower, the length of the Crossingis shorter, and the SDR of the line has been revised from SDR 17 to SDR 21. This change order will revise the Group 1 item, 36 In. Diam. Crossing from a unit cost of $400.00 per lineal foot for 105 feet 0 installed to a unit cost of $446.08 per lineal foot for 70 feet, plus sales tax. Contract provisions for this unit bid item shall remain the same. (11,701.00) The new storm main for the project conflicts with the existing sanitary main in Preble Street. Further investigation of the main has the City concerned as to the condition of the line and its shallow burial depth. The City decided to replace the line and requested Contractor assistance in potholing the existing line for a design. This time was tracked in accordance with Section 1-09.6, with 0 compensation being made by an increase to the Group 1 bid item #132, Minor Change. 580.37 / the City requested a proposal from the Contractor for the replacement of the sanitary sewer in Preble Street. 1 Item #134, Sanitary System in Preble Street, shall be added to the contract unit bid items. This shall be lump sum for a complete installation including, but not limited to potholing, bypass pumping, excavation, shoring, placing 10 inch PVC main and manholes, channeling manholes, connections, placing 4 inch lateral lines to the properties with cleanouts, video inspection and testing. Flagging, pipe zone bedding and trench backfill, if import be required, shall be in accordance to the contract unit bid items. CONTRACT CHANGE ORDER NO: 2 PROJECT NAME: SR 304 TIP; The Missouri Gate Phase Construction The sanitary line and laterals shall be constructed in the field as staked by the Engineer. All materials incorporated into the project by this change order shall be approved by the Engineer. Measurement and Pavment 0 Group 1 item #134, Sanitary System in Preble Street, shall be full pay for all labor, materials, tools and equipment required to perform the work, in accordance with the Standard Specifications and as described in this change X order. The cost for this lump sum item shall be $ installed. 29,402.36 NET CHANGE IN CONTRACT AMOUNT 18,281.73 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 previsions 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. P~O'~ECT ENGINEER RECOMMENDED: ~ J~,- ~'~ ~.~.~'~ CI~PC-E~N'GINEER-/DIRECTOR OF PUBLIC WORKS -- ~ Date ACCEPTED: ~~ ~~ ~~~ - ~ -Date' APPROVED: Date Page 2 of 2 CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 1 PROJECT NAME: SR 304 TIP; The Missouri Gate Phase PROJECT NO: 10527 CONTRACTOR: Stan Palmer Const. Co., Inc. ORIGINAL CONTRACT AMOUNT: $3,023,451.23 DAYS: 230 PREVIOUSLY APPROVED CHANGES: 0.00 DAYS: 0 THIS CHANGE: $1,620.01 DAYS: 0 REVISED CONTRACT AMOUNT: $3,025,071.24 DAYS: 0 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. DESCRIPTION OF CHANGES INCREASE IN (DECREASE) IN CONTRACT o ~ CONTRACT CONTRACT TIME -- ,- AMOUNT AMOUNT EXTENSION ~ ~ ($) ($) (DAYS:) n~ rY In installing the sanitary line in Charleston Beach Road, the Contractor encountered wood stave pipe which needed to be removed. Bid Item #126, Wood Stave Pipe Removal, has a quantity in Group 1, but not in Group 3. This change order will create a Group 3 item for the bid item, with a total quantity of 95 I.f. at the Group I unit bid price, plus sales tax. Contract provisions for this unit bid item shall be the same as the Group 1 work. 515.85 0 In completing the connection for the sanitary line in Charleston Beach Road, it was found the existing line did not keep a constant grade between structures. The line was placed shallow down the hillside, with a 45 degree elbow placed at the base of the hillside and into the structure. The Contractor expended approximately 3 hours potholing and verifying grades on the existing lines for a solution. This time was tracked in accordance with Section 1-09.6, with compensation being made by an increase to the Group 3 bid item #132, Minor Change. 481.16 0 In construction of the small block modular wall on Charleston Beach Road, it was noted some area of the backslope on the wall would be greater than 1 to 1. In these areas, the City requested aproposal from the Contractor for the use of a geogrid to aid in stabilizing the slope. A new Group 2 Item #133, Straw/Coconut Erosion Control Blanket, shall be added for a portion of the slope above the wall. Total quantity for this item shall be 200 square yards. Construction The erosion control blanket shall be constructed in the field as staked by the Engineer in accordance with the manufacturer's instructions after hydroseeding of the slope. All materials incorporated into the project by this change order shall be approved by the Engineer. CONTRACT CHANGE ORDER NO: 1 PROJECT NAME: SR 304 TIP; The Missouri Gate Phase Measurement and Payment Group 2 item #133, Straw/Coconut Erosion Control Blanket, shall be full pay for all labor, materials, tools and equipment required to perform the work, in accordance with the StandardSpecifications and as described in this change order. The cost for the blanket shall be $3.12 per X square yard installed. 623.00 0 NET CHANGE IN CONTRACT AMOUNT 1,620.01 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. The parties whose names appear below warrant that they ara 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. PR'"O~i~CT ENGINEER Date CITY ENGINEER / DIRECTO/,~F PUBLIC WORKS ,/Date KITSA~DI~~ORKS--~ Date APPROVED: MAYOR Date 0 FOR~ ATTEST: ~Bre't~don City A~"~--n~'-~ Page 2 of 2 :Enter Search Criteria, Press Esc Key to Transmit :Press Del Key to Terminate Delete Mode CHANGE Contract Transactions Contract Number 4403 Vendor Name STAN PALMER CONSTRUCTION INC :Subject MISSOURI GATE PHASE - SR304 TIP IDepartment ENGINEERING Status Code CON Amount $3023451.23 Begin Date 11/17/2003 Insurance End Date 09/30/2004 Type Amount Review Date 09/01/2004 GL $2000000.00 AL $1000000.00 + Insurance Total $3000000.00 Insurance Review Date 07/01/2004 Comments + CONTRACT CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON THIS AGREEMENT, made and entered into this day of ,20 ., between the City of Bremerton under and by virtue of Title 35 RCW (cities) as amended, and -- STAN PAI.MER CONSTRUCTION. INC, 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 SR 304 Transportation Improvement Project, Missouri Gate, Charleston Beach Road to Porter Street, in accordance with and as described in the attached Plans and. Specifications, and the 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 promises and agrees with the Contractor to employ, and does employ the Contractor 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. Contractor for himself/herself, and for his/her heirs, executors, administrators, III. The successors, assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. IV. 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. V. INDEMNIFICATION. Contractor shall defend, indenmify 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, arising 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 raspect~on or acceptance of any of Contractor s work when completed shall not be grounds to avoid any of these covenants of indemnification. Cio~ of Bremerton 234-1896-036 (23/2309) SR 304 Final Design LD - 19 September 2003 Missou~ Gate 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 FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 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 of Bmmerton the day and year first above written. Executed by the Contractor this 30~:h day of October ,20 03 Executed by the Local Agency this . day__of City of Bremerton Approving Authority (SEAL) ~ ~ City of Bremerton Attorney Ci(F of Bremerton 254-1896-056 (23/2309) SR 304 Final Design LD - 20 September 2003 Missouri Gate