078-20 - Legacy Power Systems LLC - ContractCITY OF PORT ORCHARD SMALL WORKS UNDER 35K
CONSTRUCTION CONTRACT NO. CO78-20
PUBLIC WORKS PROJECT NO. PW2OzO-OI8
"IHIS Agreenrent is made efTective as of the _.gs* duy of eqlqbeL ,20U", by and
belu,een
ctTy oF poRT ORCHARD, WASI{INGTON (..CITY')
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robett Putaansuu Phone: 360.876,4407 Fax: 360.895.9029
and
LegacyPowerSvstems.*LLC (*CONTRACTOR")
8102 Skansie Ave
Gis Harbor. WA 98332
Contact: Rvan Lundin Phone: 253.858.0214* Email: rlundin(rDlegacypower.com
fbr the following Project:
Albertson's Lift Station ATS Replacement (*PROJECT')
The Clity and Contlactor agree as follows:
L Contract llocuments. The Contractor shall complete the Work described in the Contract
Documents for the Project. The following documents are collectively refened to as the
"Contract Documents":
a. This Agreement signed hy the City and the Contractor;
b. Division I of WSDOT Standard Specifications for Road, Bridge and Municipal
Consiruction,20l8 edition, together with APWA Supplement (l-99), subject to specific
provisions contained within the Public Works Terms and Conditions;
c. The attached Special Provisions, Plans and Specifications;
d. Written change orders or orders for minor changes in the Work issued after execution of
this Agreement;
e. Public Works Terms and Conditions;
f. Insurance and Bonding Requirernents (unless bonding is waived); arrd
Citt, o.[Port Orc'hurd and Legacl, Po*er Svstems, LLC
Puhlic l4lorks Pro.iect No. PW2020-018
Snnll ll/orks Contract No. C078-20
Page I of 14
Rev 619120
g. The bid proposal subnritted by the Contractor, except rvhen inconsistent with Contract
Documents a-1.
The intent of the Contract Docurnents is to include all iterns necessary fur the proper execution
and cotnpletion of the Work by the Contractor. These Contract Documents complement ear:h other
in desoribing a complete work. Any requirement in one document binds as if stated irr all. The
Colrtractor shall provide any work or materials clearly irnplied in the Contract even if the Contract
does not mentiorr it specifically.
2. Date of Commencemenf and Substantial Completion Date. The date of cornmencement
shall be October l2!!-2O20 . The Contractor shall substantially colnplete the Work not later
than Nayeqber 30$. 2020 , snbject to adjustrnent by change otder.
3. The Contractor shall do all work and fumish all tools, materials, and equipment in accordance
with the above descdbed Construction Contract Documents. The Contractor shall provide and
bear the expense of all equipment, work, and labor of any sort whatsoever that may be required
lor the transfer of materials and fbr constructing and completing of the work provided for in
these Construction Contlact Documents, except those iterns mentioned therein to be furnished
by the City.
4. Subject to additions and deductions by change ordero the construction Contract Surn is the base
bid amount of $7.286.54 (applicable sales tax included). The construction Contract Sum shall
include all items and services necessary tbr the proper execution and completion of the rvork.
The City hereby promises and agrees with the Contractor to employ, and does employ thc
Contractor to provide the materials and to tlo and cause to be clone the work described in the
Constntction Clontraci Docunents and to complete and finish the same according to the plans
and specifications and the terms and conditions herein contained; and hereby contracts to pay
for the same at the tirne and in the manner and upon the conditions provided for in this Contract,
5. The Contractor agrees to comply with all state and federal laws relating to the ernploynent of
labor and wage rates to be paid, including prevailing wage if applicable. The Contmcror agrees
to furnish insurance of the types and in the amounts set forth in the Conshuction Contl'act
Documents.
6. The Contractor agrees to repair and replace allproperty of the City and all property of others
damaged by himself, his employees, and sub-contractors.
7. The Contractor for himself and for his heirs, executors, adrninistl'alors, successors, and assigns,
does hereby agree to the full performance of all the covenants herein upon the part of the
Contractor.
8. 11 is fur"ther provided that no liability shall attach to the City of Port Orchard by reason of
entering into this Construction Contract, except as expressly provided herein.
Cit.t, of Port Orchard and Legacy Power S.ystents, LLC
Pttblic Works Prugect No. PW2020-018
Small I'l/orks Contract No. C078-20
Page 2 of 14
Rev 6/9/20
9. Title VI
The City of Porl Orchard, in accordance with litle VI of the Clivil Rights Aqr of 1964,78 Stat. 2.52,
42 IJ.S.C. 2000d to 2000d-4 and l'itle 49, Code of Federal Regulations, Department of il'ransporratiou
subtitle A, Office of the Secretary, Parl 21, nondiscrirnination in federally assisted prograrns of the
Depaflnent of 'l'ransportation issued pursuant to sucl'r Act, urust affirmatively insure that its contracts
cornply with these regulations.
Therelbre, during tlre perfonnance of this Agreernent. the Clontractor, for itself. its assignees, and
successors in interest agrees as follows:
l. Compliance with Regulations; T'he Clontractor will comply with the Acts and the Regulations
relative to Nurdiscrirnination in Federally-assisted plograms of the U.S. Deparhnent of
Transportation, Federal llighway Administration (FHWA), as they may be anended ffom time to
tirne, which arc herein incorporated by reference and urade a part of this Agreernent.
2. Nondiscrimination: J'he Contractor, with regard to the work perflonned by it during this
Agreetnent, will nol discriminate on the grounds of race, color, national origin, sex, age,
disabiiity, incorne-level, or LEP in the selection and retention of subcontractors, including
procurements of materials and leases of equiprnent. The Contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in
Appendix A, attached hereto and incorporated herein by th.is reference, including ernployurent
practices when this Agteentent covers any activity, project. or progratn set forth in Appendix B of
49 Cl.F.R. part 2l.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equlpment: In all
solicitations, either by competitive bidding, or negotiation nrade by the Contractor for work to be
perfonned under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notificd by the Contraclor of the Contractor's
obligations under this Agreernent and the Acts and the Regulations relative to Non-discrinrination
on the grounds ofrace, color, national origin, sex, age, disability, inconre-level, or LEP.
4. Information and Reports: The Contractor will provide all infonnation aud reports requirecl by
the Acts, the Regulations and directives issued pursuant thereto and will permit access to ils
books, records, accounts, other sources ofinfonnatiorr, and its facilities as lnay be detennined by
the City or the FHWA to be pefiinent lo ascertain cornpliance with such Acts, Regulations, and
instructions. Wltere any information required ol'the Contractor is in the exclusive possession of
another who fails or refuses to fumislr the infonrration, the Contractor will so certify to the City or
the FllWA, as appropriate, and will set forth what efforts it has nrade to obtain the infornratinn.
5. Sanctions for Noncompliance: In the event of the Contractor's noncornpliance with the Non-
discrimination provisions of this Agreement, the City will impose such contract sanctions as it or
the FI{WA may detenrrine to be appropriate, including, but not liurited to:
l. withholding paylnents to the Contractol under the Agreenrent until the contractor
cornplies; and/or
2. cancelling, terminating, or suspending the Agreement, ilt whole or in part.
Cin, o.f Port Orchard and Legac.v Pov'er S1'stems, LLC
Public Works Project No. PIY2020-018
Small ll'orks Conlract No. C078-20
Page 3 of l4
Rev 6/9120
6.Incorporaiion of Provisionsl The Cotttractor rvill include lhe provisions ol'paragraphs one
through six in every subcontract, including procuretnenls ofnraterials and leases ofequipmelt,
unless exentpt by the Acts. the Regulations arrd direclives issued pursuanl thereto, Thc Contractor
will take action with respecl to any subcontract or procurelnent as the Ciry or the FHWA may
direct as a lllealls of enfbrcing such provisions including sanctions for noncornpliance. provided.
that if the Contractor becou:es involved in, or is threatened rvith litigation by a subcontractor, of
supplier because of such direction, the Contractor nray request the City to enter iilto any litigation
to protect the intercsts of the City, In addition, the Contractor may request the United States to
enter into the litigation to protect the iuterests of thc Unired States.
IN WITNESS WHEREOF, thc pafties heteto hnve caused this contract to be duly executed
on the date first written above.
CITY OF PORT ORCHARD CONTRACTOR
ete-
Roberr Putannsuu, Mayor
Lundin
ATTEST/AUTHENTICATE:
Rinearson. MMC, City Clerk
APPROVED AS TO FORM
Charlotte A.Attomey
RPO
DivisionIts:
t'a$
s EAL
Cil.1t 17.f por, Otchard and Lcgoc,y Pover Systents, LLC
Puhlic Works Pnleet Nct. PW2020-018
Snall lltorks Conh'oc! No- C078-20
Page 4 of 14
Rev 6/9i20
CERTIFICATE AS TO CORPORATE PRINCIPAL
Corporate Seal
Corp. offi
Va.,x
cer signature (nol contract signer)
D^lo,u^u'
Priqted
/\ t nF,
Title
State of )
County of hArce, )
r\
sworn,and says that ls
of
City o.f Port Orchard and Legac.y Powcr Systens, LLC
Public Works Proiect No. PW2020-018
Snall lVorks Contract No. C078-20
(corporulc officer (nol contracl signer)) being
(Corporate Title)
of Corporation)
subscrib:rlandsworntobeforernethis \dt dayorOcfuL:err,201-L)_
gnafure)
\
Notary Public (Print)
My oommission
Page 5 of 14
P.ev 6/9/20
CITY OF PORTORCHARD
PUBLIC WORK PROJECT TERMS AND CONDITIONS
The following tenrs ancl conclitions shall be used in conjunction with the Standard Specilications
for Road. Bridge and Municipal Construction, 201 8 edition, together with the APWA Supplernent
(Section l-99), as issued by the Washington State Departn:ent of Transporlation and American
Public Works Association, Washington State Chapter, hereinaller ref'erued to as the "standard
specifications". The standard specifications, except as they may be modified or superseded by
these provisions. shall govem all phases of work under this Contract. and they are by reference
made an integral paft of these specifications and Contract as if herein tully set forth.
When the provisions of the standard specification conl'licl with the temrs and conditions as
contained herein. the temrs and conditions shall prevail.
L BID PRICE: The bid price(s) shall include all necessary penrrits, fees and iterns of labor,
material, equiprnent, tools, overhead and compensation, supplies, taxes, utilities and other
incidentals necessary to complete the work in a lully functional and operational state. All prices
including bid prices are in US funds.
2. DEFINITIONS: The tentt "City'' means Poft Orchard, Washington.'osuccessful bidder" means
the apparent lowest and best responsible bidder to whom an award is made, and "Clontractor"
means the successful bidder who has satisfred the requirements for the award and who receives a
contract executed by the City. "Bidder" means the person. firm or corporation that has nrade an
offer in response to the invitation to bid, "Work" ffleans the construction and services required by
the Corrtract Documents, whether cornpleted or pafiially completed, and includes all other labor",
materials, equipment and servicss provided or to be provided by the Contractor to fulfill the
Contractor' s obl igations.
3. LICENSING AND REGISTRATION: The Contractor must have a Washington State certificate
of registration per chapter 18.27 RCW; a cun'ent state unified business identifier number; and if
applicable, industrial insurance coverage for the bidder's ernployees working in Washington, an
Employment Security Depatlment number, and a state excise tax registration nurnber. In addition,
the bidder must not be disqualified from bidding on any public works contracts under RCW
39.06.01 0 or 3e. 12.065(3).
4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law.
Bidders are warned to take into consideration statutc,ry legal requirements, particularly, the
payment of prevailing wages and fringe benefits, payment and perlbmance bonds (unless waived)
and sales tax implications in rnaking their bids. It is the sole responsibility of the bidder to insure
that the appropriate labor classification(s) are identified and that the applicable wage and benefit
rates are taken into consideration when preparing their bid according to these specifications. The
Contractor shall complete and file State of Washington, Department of Labor & Industries,
Statement of Intent to Pay Prevailing Wagcs and Affidavit of Wages Paid fonns and shall
familiarize itself with their requirements. The Contractor shall also be responsible for and pay all
costs pertaining to the processing of these fonns.
5. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in
the Attachnrent entitled "lnsurance Requirements."
6. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents
will be by written addenda only.
Cih, of Port Orc:hard and Legacy Poy,er S-t'stems, LLC
Public l|orks Proiect No, PIY2020-018
Sntall lVorks Contract No. C078-20 Rev 619120
Page 6 of l4
7' PROJEC'I COMPLIANCE: Iu compliance with the request for quotation, Bidcier hereby
ploposes to perlbrm all work for this projcct in strict accorciance with the Contract Documents. at
the Conlract Sum, and within the time set lorth herein vvith the unclerstanding thal tiure is of the
essence in the perforrnallce ol'this Contract.
8.'I'AXES: Proposals_shall include all applicable taxes except sales tax which is a separate bid
item. It shall be the Bidder's responsibility to fumish Fecleral Excise Tax Exernption Ceftificate,
when applicable.
9' ERROR lN EX'IENSION: lJnit price, when used, shall govern in case of extension error.
10. PERMITS AND FEES: The Contractor shall fumish all pennits, inspection fees, and fees
required in the perfonnalrce of this Contract, including those chargecl undbr RCW 3q. 0.070 by
the Department of Labor and Industries for the approval of staternents of intent to pay prevailing
wages and the cerlification of affidavits of wages paid, etc. The Deparlment may also-cirarge feei
to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The
contractor is responsible for all fees resulting from these statutes.
I l. CONTRACT: The Contract, when properly signed, will be the only fomr that will be
recognized by the City as an awatd. T'he executed Contract supersedes all previous
communications and negotiations, except as referenced herein, and constitutes the entire
agreement between the City and Contractor (parties). except as provided herein. The Contractor
shall not make any changes, alterations, or variations in the tenns of the Contract without the
written consent of thE City. No tenns stated by the Bidder in its proposal shall be binding on the
City unless accepted in wdting by the City. The successful bidder may not assign the Contract
resulting fiom this invitation to bid without the City's prior writlen consent. No waiver by the City
of a breach of any provision of the tenns ancl conditions outlined in the invitation to bid shall
constitute a waive r of any other breach of such provision or of any other pr ovisions.
12. CHANGE ORDERS: If the City or the Contractor requests a change in the Work, or either
party believes that a change is necessary, then the parties shall comply with the following
procedure to document and reflect a change in the Work: (a) The party requesting the change shali
write a description of the change and give the description to the other party (the "bhange Notice"):
(b) Before proceeding with the change in Work, unless otherwise excused by ernergency, the
Contractor shall provide the City with a fixed-price written estimate of the cost and tiine iinpactof the change in Work; and (c) The City and the Contractor shall execute a Change Oi.Oer
confrnning their agreement as to the change in Work, the fixed-price cost, and the extenslon of the
Substantial Completion Date, if any. If the change irr Work cannot be performed on a frxed-price
basis, the change order shall identify the agreed method of compensation.
13. CHANGE DIRECTIVES: A "Change Directive" is a written order signed by the City,
directing a change in the Work prior to agreement on adjustrnent, if any, in the Contiact Sum or
Substantial Completion Date, or both. Tho City may by Change Directive, without invalidaring the
Contract, order changes in the Work within 1he general scope of the Contract consisting of
additions, deletions or other revisions. the Contract Sum and Substantial Cornpletion Date being
adjusted accordingly. A Change Directive shall only be used in the absence of iotal agreement on
the terms of a Change Order. Upon receipt of a Change Directive, the Contractor shall prornptly
proceed with the change in the Work and advise the City of its agreernent or clisagreement with
the proposed method for detennining the proposed adjustment in the Contr.aci Sum and/or
Substantial Completion Date, if any, provided in the Change Directive. A Change Directive signed
by the Contractor indicates agreemenl with all tetms set forth in the Change Directive. Such
agreement shall be effective irnmediately and shall be rrcorded as soon as practical with a Change
(i7.1t 7s/'Port Orchard and Legacy Power Svstcns, LLC
Public Ytiorks Prrsjecl No. PIt2020-018
SnallLYork.sCotttraclNo'C078-20Page7of14Rev619120
Oder. If the par"ties are unable to agree on an adjustment to the Contract Surn and/or Substantial
Completion Date, il'any, then eithcr party may subrnit the matter for determination in accordance
with Section 2l .
14. MINOR CHANGES lN THF, WORK: The City shall have the authority to order minor
cltanges in the Work not involving adjustment in the Contract Sum or extension of the Substantial
Completion Date and not inconsistent with the Contract documents. The Contractor shall prornptly
cany out such written orders fcrr minor changes in the Work.
15. COMPLIANCE WIT'H LAWS AND REGLiLATIONS: The Contractor rvarrants full
compliance with all applicable local, state or federal laws and regulations and agrees to indemnify
and def'end the City against any loss, cost, liability or damage, irrcluding reasonable attorney's
f'ees, by reason of successful bidder's violation of this paragmph,
16. TNDEMNIFICATION: All seruices to be rendered or perforrned under this Contract will be
rendered or perfbnned entirely at the Contractor's orvn risk.'I'he Contractor slrall defend,
indemnify and hold the City, its officers, officials, employees and volunteers harmless fi'om any
and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in
connection with the performance of this Contract, except fol injuries and damages caused by the
sole negligence of the City. Should a courl of competent jurisdiction determine that this Contract
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 prcpeny caused by or resulting frorn the concurrent negligence of the
Contractor and the City, its officers, of'ficials, employees and volunteers, the Contractor's liability
hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER
SPECIFICALLY AND EXPRESSLY LINDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITU'|ES THE CONI-RAC]TOR'S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 5I RCW, SOLELY FOR THE PURPOSES OF'IHIS INDEMNIFICATION. THIS WAIVER HAS BEEN MUTUALLY NECOTIATED BY
THE PARTIES. The provisions of this section shall survive the expiration or tennination ol'this
Contract.
I7. TERMINATION: This Contract may be tenninated in whole or in par-r, without penalty, under
the following conditions: I ) by mutual writlen agreement; 2) by the City frrr breach by the
Contractor of any of the obligations or requirements set forth in fhe Contract Documenls which
would, at the option of the City, require the Contractor to assume liability for any and all damages,
including the excess of re-procuring sirnilar products or services; 3) for convenience of the City;
or 4) by the City for non-appropriation of funds.
18. TERMINATION BY THE CITY WITHOUT CAUSE: Notwithstanding any other provisions
contained herein, the City, without cause, may terminate the Contract between the parties by
providing notice to the Contractor. Upon termination under this section: l) All rernaining
obligations of the parties are discharged, but any right based upon breach or perlbnnance occuring
prior to tennination survives; 2) If the reasonable costs of perfbrrnance incurred by the Contractor
prior to termination exceed the amount paid by the City to tlie Contractor on the Contract Sum, the
City shall reimburse the Contractor in the amount of such excess; 3) I1'the amount paid by the City
to the Contractor on the Contract Sum exceeds the reasonable costs of perfomrance incuned by
the Contractor prior to termination, the Contmctor shall reimburse the City in the amount of such
excess; and 4) Any f'unds obtained or retained by the Contractor as provided in subsections 2) or
3), above. shall constitute full payrnent and consideration for the services perfonned by the
Contractor prior to temrination.
Cit.1t o.1'pur, Orchard ancl Legoc.t, Pon,er Systents, LLC
Public lfttrks Project No. Pllt2020-018
Snnll ll/orks Contract No. C078-20
Page 8 of 14
Rev 6/9/20
19. COMPLIANCE WITH TERMS: The City rnay at any lime insist upon strict compliance with
these Lerms and conditit)lts, not withstanding any previous custoll-I, pr.actice. or course ol'dealing
to the contrary.
20. PAYMENT: Contractor shall tnaintain time and expense records and provicle them to the City
along with rxonthly invoices in a frrrmat acceptable to the City fior work perfonrrecl to the date of
the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If
the setvices renderecl to not meet the requirements of the Contmct, Corrtractor will con.ect or
modify the work to conrply with the Contract. City rnay withhold payment for such work ultil the
rvork meets the requiremcnts of the Contract.
2l . RETAINAGE: Unless the City waives the retainage requiremenr, the City shall, pursuant to
the requirements of RCW 60.28.011, retain five percent (5%) of the monies eamed under this
Contract, which shall be maintained by the City according to the Contractor's requested nrethod.22. DISPUTE RESOLUTION: ln the event there is a dispute between the parties, the parlies
agree to resolve that dispute in the following manner: (a) The parties shall attempt in good faith to
resolve any dispute promptly tluough negotiation. Either party may give the oiher party written
notice that a dispute exists (a "Notice of Dispute"). The Notice of Dispute shall include a statement
of such pafty's position, Within ten ( I 0) days of the delivery of the Notice of Dispute, rhe parlies
shall meet at a tnutually acceptable time and place and attempt to resolve the dispute; (Ui tf the
parties ate unable to resolve the dispule, they may elect to submit the dispute to rnediation. The
cost of the mediation shall be bome equally by the parties, The mediator shall be selected by the
mutual agreelnent ol'the parties; (c) If the rnediation does not result in a settlement of the clispute,
the dispute shall be settled by binding arbitration by the Juclicial Arbitration and Mediation
Services (".lAMS") in accordance with the then operative construction rules of JAMS. The parties
may select an arbitratorby mutual agreement, orif unable to agree, thearbitratorwill be selected
pursuant to the rules of .IAMS. The parties shallbe bound by the decision of such arbitrator. The
arbitration shall be conducted in Kitsap County, Washington; provided, if JAMS is unable to
conduct the arbitration in Kitsap County. then the arbitration shall be held in such location as the
parties may agree after consulting with JAMS.
23. WARRANTY: Contractor shall provide a orle (l) ycar wan'anty for the work and
improt'ements installed by Contractor pursuant to the Contract, subject to the following terms and
conditions: Contractor agrees that the work and improvements installed pursuant to the Contract
slrall remain free fi'om defects in material, workmanship and installation (or, in the case of
landscaping, shall suwive,) for a period of trvelve (12) rnonths after written and final acceptance
of the same and approval by the City. Maintenance is defined as acts carried out to prevent a
decline. lapse or cessation of the state of the project or improvements as accepted by the City
during the twelve (12) month period after final and written acceptance, and includes, but is not
lirnited to, repair or replacement of defective workmanship, materials or installations. Contractor
shall, at its sole cost and expense. carefully replace and/or repair any damage or defbcts in
workmanship, rnatedals or installation to the City-owned real property on which improvements
have been installed, and leave the same in as good condition as it was before comrnence*ent of
the work. City and Contractor agree that in the event any o1'the improvements or restoration work
installed or completed by Contractor pursuant to the Contract fail to rerrrain free fi'om defects in
matedals, workmatrship or installation (or in the case of landscaping, failto survive), lbr a period
of fwelve ( l2) months from the date of approval/acceptance of the work by the City, Contractor
shall repair and/replace the same within ten (10) days of demand by the City, and if Contractor
should fail to do so, then Contractor shall:
Cit.t,o.{Port Orchard and Leryacy Power S1)sten,s, LLC
Public lVorks Pxtject No, PW2020-018
Snwll l{orks Contact No. C078-20 Rev 6/9/20
I,age 9 of l4
within twenry (20) days ol'demand ol'the city, make wdtten commitment to flre
City that it will either':
remedy the default itsel{'r.vith reasonable diligence pumuarlt to a time schedule
acceptable to the City; or
b)tender to the city within an additional ten ( l0) days the amount necessary, as
detennined by the City, for the City to remedy the default.
In the event Contractor fails to make repairs or provide maintenance within the time
period rcquested by the City. then the City, its ernployees and agents shall liave the
right at the City's sole election to enter onto said property described above for the
purpose of repairing or maintaining the improvements. This provision shall not be
consttued as cleating an obligation on the part of the City or its representatives to
repair or maintain such improvements,
Any con'ections required by the City shall be commenced within ten (10) days of notification by the
City and completed within thifty (30) days of the date of notification. If the work is not performed in
a timely lnanner, the City shall have the right, without recourse to legal action, to take such action as
described above. No change, extension of time, alteration or additiorr to the work to be performed by
Contractor shall affect the obligations of Contractor under this wananfy. In addition, Contractor shall
perform a walk-through with City representative(s) one ( l) year after hnal acceptance of the project
to detennine if any repairs or maintenance for detbctive workmanship, materials, or installations is
required. lf so, such repairs and maintenance will be undertaken by Contractor pursuant to the
timeline and procedures described above.
Citv of Port Orchard und Legacv Pawer Sy.stents, LLC
Public ll/ork.s ho.iect No. PW2020-018
Snall lVorkt Contract No. C078-20
a),
2
Page l0 ol t4
Rev 619/20
CITY OF PORT ORCI{ARD
INSURANCE REQUIREMENTS
The Contt'actor shall procure and maintain fbr the duration of the Contract with the City, insurance
against claitns fbr injuries to persons or damage to prollerly which may arise llom or in connection
with the performance of the rvork hereunder by the Contraotor, their agents, representatives,
employees and subcontractors.
No Lirnitation. The Cotrtractor's nraintenance of insurance, its scope of coverage and linrits as
requiled herein shall not be construed to liniit the liability of the Contractor to the coverage
provided by strclr ilrsurance, or otherwise limit the City's recourse to any rernedy available at law
or in equity.
Minimum Scope of lnsurance. Tlie Contractor shall obtain insurance of the types described below
Autornctbile Liuhilitv insurance covering allowned, non-owned, hired and leased vehicles,
Coverage shallbe wdtten on Insurance Services Office (ISO) fonn CA 00 0l or a substitute
fonn providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
Comntercial General Liubility insurance shall be written on ISO occurrence fbnn CG 000l and shall cover liability arising fi'om premises, operations, stop gap liability,
independent contractors, products-completed operations, personal injury and advertising
injury and liability assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form
CC 25 03 I I 85 or an equivalent endorsement. There shall be no endorsement or
rnodification of the Commercial General Liability Insurance fbr liability arising fiorn
explosion, collapse or underground propefiy damage. The City shall be named by
endorsement as an additional insured under the Contractor's Commercial Ceneral Liability
insurance policy with respect to the work perlbrmed for the City using ISO Additional
lnsured endorsement CG or substitute endorsenrents providing equivalent coverage.
a
a
a Workers' C'onrpensaliar coverage as required by the Industrial Insurance laws of the State
of Washington,
o Bnilders Rlsfr insurance covering interests of the City, the Contractor, Subcontractors, and
Sub-subcontractors in the wor"k. Builders Risk insurance shall be on an all-risk policy fonn
and shall insurc against the perils of fire and extended coverage and physical loss or
darnage including flood, earthquake, theft, vandalism, malicious mischief, collapse,
temporaty buildings and debris removal. The Builders Risk insurance covedng the work
will have a deductible of $5,000 for each occurrence, which will be the responsibility of
the Contractor". Higher deductibles for' flood and earthquake perils may be accepted by the
City upon written request by the Contractor and wriften acceptance by the City. Any
increased deductibles accepted by the City will remain the responsibility of the Contractor.
The Builders Risk itrsurance shall be rnaintained until final acceptance of the work by the
City.
Cit1, of Porl Orchurd and l,eguc.t' Pov,er S)tstcns. LLC
Public llorks Proiect No. PW2020-018
Sntall llorks Contrttc:t No. C078-20 Rev 6/9/20
I'age l1 of 14
Minimum Amounts ol'lnsurance, The Contractor shall maintain the following insurance limits:
Automobile Liabilityt insurance with a minimum comtrined single limit fbr.bodily inju,y
and property darrage of $ I ,000.000 per accident,
a
a
a
Emplol,ey',r Liabilit.tt insurance limit o1' $ 1,000,000 each accirlent. Enrplt"ryer's Liability
Disease each etnplo)'ce $1,000.000 and Enrployer's l-iabiliry Discase * Policy limit
$ r ,000.000.
Crnnmercial General Liahilitv insurance shall be written with limits no less than
$1,000,000 each occurrence, 92,000"000 general aggregate and a $2,000,000 proclucts-
completed operations aggregate limit.
Builders Risfr insurance shall be written in the amount of the completed value of the project
with no coinsurance provisions.
a
Other lnsurance Provisions. J'he Contractor's Automobile l,iability. Commercial Ceneral
Liability and Builders Risk insurance policies are to contain or be endorsed to contain that they
shall be primary insurance as respects the City. Any insurance, self-insurance or insurance pool
coverage maintained by the City shall be excess of the Contractor's insurance and shall not
contribute with it. 11'any coverage is written on a "claims nrade" basis, then a minimum of three
(3) year extended reporting period shall be included with the claims nrade policy, and proof of this
extended reporting period provided by the City.
Contractor's lnsurance for Other Losses. The Contractor shall assume full responsibility for all
loss or damage from any cause whatsoevel' to any tools, including but not lirnited to the
Contractor's employee-owned tools, machinery, equipment or motor vehicles owned or rented by
the Contractor, or the Contractor's agents, suppliers or contractors as well as any temporary
structures, scat'fti ld ing and protective fences.
W-aiver of Subrogatjon. The Contractor waives all rights against the City, any of its
Subcontractors, Sub-subcontractors, agents and ernployees, fbr damages caused by fire or other
perils to the extent covercd by Builders Risk insurance or other property insurance obtained
pursuant to this Insurance Requirements Section of the Contract or other property insurance
applicable to the work. The Contractor's insurance shall be endorsed to waive the right of
subrogation against the City, or any self-insurance, or insurance pool coverage maintainecl by the
City. The City r.vill not waive its right to subrogation against the Contractor. The Contractor's
insurance shall be endorsed acknowledging that the City will not waive its right to subrogation.
Acceptability ofl Insurers. Insurance is to be placed with insurers with a cument A.M. Best rating
of not less than A:VII and licensed to do busirress in the State of Washington. The City reserves
the right to approve or reject the insurance provided, based on the insurer's financial condition.
Verification of 9overage. The Contractor shall fumish the City rvith original certificates ancl a
copy of the amendatory endorcements. including but not necessadly limited to the additional
Cit.y o/'Port Orc'hard and Legacl, Power S-vstents, Ll,C
Puhlic LYorks Proiect No. PII/2020-018
Snull ll4trks Contract No. C078-20 Rev 6/9/20
Page l2 of 14
insured endorsement, evidencing the Autornobile Liability and Commercial General Liability
insurance of the Clontractor belbre conlmencement of the work. Befbre any exposure to loss may
occur, the Contractor shall file with the City a copy ol'the Builders Risk insurance policy that
includes all applicable conditions, exclusions. definitions, terms ancl endorsen'lents relaled to this
project.
Subcontractors. Contractor shall ensure that each subcontractor, sub-subcontractors, agents and
employees of every tier obtain at a minimum the sarne insurance coverage and lirnits as stated
herein fbr the Contractor (with the exception of Builders Risk insurance). Upon request the City,
the Contractor shall provide evidence of such insurance.
Notice of Cancellation. The Contractor shall provide the Ciry and all Additional Insurecls for this
work with written notice of any policy cancellation, within two business days of their receipt of
such notice.
Failure to Maintain Insurance. The insurance required by this Section will not be cancelecl,
materially changed or altered without forly-tive (45) days prior written notice submitted to the
City. Failure on the part of the Contractor to maintain insurance as requirecl shall constitute a
material breach of contract, upon which the City may, after giving five business days' notice to
the Contractor to correct the breach. immediately temrinate the Contract. or, at its discretion,
procure or renew such insurance and pay any and all premiums in connection therewith, with any
sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset
against funds due the Contractor from the City.
Citv of Port Orchard and Legucl, Power Systens, LLC
Public IVorks Prc;ject No. PW2020-018
Sntull llorkl; Contract No. C078-20
Page 13 of 14
Rev 6/9120
,\l'l)l,l\l)l\ ,\
l)ririrlg llte 1rt't'liis'111nrtcrt ()f'tllis,,\gtcurrcrrl. llrc ('orttractor'. {ir; ilsc}1. it:; irs;l;igtrcr,:s" 1r.r(i su(ccssors ir}
lirnitcd to:
Pt'rtinenl Non-Discrinrina{ion Aulhoritics:
r 'l'itl('Vlol'the Llivil ltiglrrs Ac{oi'lr)64 (421i .S.C. $ 2000d er seq., ?[i srat. 2-52), (pr.9hi5irs
cliscrinrinatiolr ou tlre basis rtf racc. color, nalitural or.igirr): aud 4t) C'.1;.R. part 21,n 'l'hc Urrilil'nr llelocation Assrstancc and ltcal Pnrperty Accluisitiorr Policies Act ol'lg:.0,{42
tl.S'C' s\ 460 l). (prohibits unlair trcatrrrellt ol'l)clsons clisplacecl tlr u,llose pr.operty lras treen
acquiled trccause of Feder.al or. l;cclcral-aid pl'ogratns anil llrof ects);
' [;edct'al-Aid llighv'ay i\ct of lc)73, (23 t,,.S.C]. g,12;1 el scc1.), (1>rohibirs discrinrinatior.! on rlre
hasis ol'scx);. Secliott 504 crl'thc Rclrabilitatiol Ao of'lq7l. (29 tJ.S.('. rs 794 el sery.). as antcudc(i. (prohihits
cliscrinrinatirirr orr the Lrasis o1'di:;airility); iltrd 4q Cl.[.R. lrar.t 27;
' l-hc Age Disclintinafion Act of'197-5, as arneuclcd. (-12 Ll ,S.C. N 6l0l cl seq.), (prohibirs
discrinrinatit"lu orr {lre [rasis olage)t. Air-port arrd Airrvav lrnproveurerrl Acl of 1982. (49 tJS('$ 47 l, Scction 4'1 123\,as anrenclcd.
lltrohrbits discrirttirratiott basetl olr racc, creed. coklr', national origin. or.sex);
' -l'hc Civil Righrs I{eslot'ation Act o1'1987, (PI" 100-209). (13roaclcrred the scopc, Lr()\,erage ald
applicability oI"l'itle Vl ol'tlrc Cir il Ilights Act of lc)6:1. 't'he Agc I)iscrirninalion Act oi' lg75 and
Sectiorr 504 ol'tlrc llehabililit{iott Act o1'1973, bv expanding lhe definitior) ol'thc fernrs "pro.Jrapls
or activities" to irrclrrde all ol'the progranis or activities ol'thc frcdcral-aid recipierrts, sub-
recipiclrts atrd cotttt'aclors, u,hether suclr prrrgrarns or acti\/ities arc Feclerally furrdecl ol.nol);
' 'l'illes Il arrcl Ill ol'tlte Atnericrarrs rvith Drsabilities Act. rvlrich prohibit discrirnirratiotr on lhe basis
of disatrility irt thc operaticltt t'riputrlic enlities. public and privale tlansportatiou systcrns, places
ol'public accortttnodaliou^ ancl cerlain teslirrg cntities (42 U.S.C'. Sg l2l-ll-12189) as
inlllletttenlecl by Departrnenl ol1'r'ansportatitu regulaliorrs at 49 (l.lr.tt. palts -37 an{ 38:n 'l'hc Pedcral Aviation Adrninistratiorr's Norr-discrirrrination statute (49 U.S.C. ss 47123) (prohibits
discrinrina(it)n olr thc basis cl{'rnce^ color, rlrtiorral origin, ancl sex);
' Ilxecutivc Ordcr l289lt. Federal ;\ctions (o A<ldress Finvironnrcnral .lustjce irr Minority
Ilolrtrlations attd i.on lttconre Popula{iorrs, ri,hich ell.qurrrs cliscrilrrinaliou against rpilor-ily
populatiorts bv discorrragittg ploglatrs. policies. and aclivities with displopurtiorrately lrigh auti
adl'crse httrtratt health ot ertvitonrrrcrrtal cfl'ects ol rninorily and lou-incunre popr-rlations:r Executive ()rdel 1.1 l6(r, hnproving Acccss to Services ltx'Pcrsons r.vitlr l.ilnitecl English
f)rollciurc:y. arrtl lesulting agency gu:idancc, national origin riiscriminatitu inclucles discr.inrinatiou
bccausc o1'lirlited Lingli.sh prolicicncy (l.l.jP).'l'o cnsure corrrpliancc with'l'itle Vl, you rnust take
reasoltable steps to -eltstlre tlrat Ltjl'}persons havc rncaningful access {o your pl.ograpls (70 Fed,
I{cg. ar 74087 to 74 I 00)tI l'itlc lX ol'thc [:rducatiort Anrettcilrtcrrts <t{'1t)72. trs nnrenderl. rvhich pr.clhiirits you fiorrr
discritninatingbccauseof scxirreclucatiorrprogrilu)solactivi{ies{20 l.i.S.C. l6lllctsetl).
Cit.1' o7 por, Orchurd and Legacv Power Ststems, LLC
Puhlic llo*s Project No, PW2020-018
Snall l{orks Contract Nr:. C078-20
Page 14 of 14
Rev 6/9/20
I Lffi*,ffie, y
Power Sysfems
A Division of Legacy Telecommurications, LLC.
October 7, 2020
City of Port Orchard
ATTN.
Tim Johnson
c.360-535-2473
SUBJ. Ernergency Generator Troubleshoot
SCOPE: Replace Existing ATS 800amp ATS w/ a new 200 Amp ATS
QUOTE:
Labor will be billed at prevailing wage rates.
Permit....,.,
TOTAL.......
5 143.50
#
go,684.eo .l-{0/. A{ =
lax
rrw!
This quote does not include applicable taxes and fees,
NOTE: Site has existing 100amp servlce. The existing ATS is oversized at 800amps,
Regards,
Ryan Lundin
Power Systems Division Manager
253-858-0214
Llu nd irr @lt e,r ( vt.)llyvq!.(pn i