037-21 - Resolution - Contract with Aqua Tech LLC for Cedar Heights Lift Station Valing and Piping Replac.RESOLUTTON NO. 037-21A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVINGSMAII. WORKS CONTRACT NO. C056.21 WITH AQUA TECH LLC FOR THE CEDARHEIGHTS LIFT STATION VALVING AND PIPING REPLACEMENT PROJECT ANDDOCUMENTING THE SMALL PUBLIC WORKS ROSTER PROCUREMENTPROCEDURES.WHEREAS, as performed annually since 2OL3, the Municipal Research and ServicesCenter of Washington (MRSC) solicited on behalf of participating local government agencieswithin Washington State (including the City of Port Orchard) for the 2021 MRSC Small PublicWorks Roster; andWHEREAS, on May 3, 2O2I, pursuant to RCW 39.04.155, the City's Public WorksDepartment established a roster of qualified contractors from the 2021 Small Works Roster, acopy of which is attached hereto as Exhibit A, for the Main Category - Sanitary SewerConstruction, Repair and Maintenance and Sub-Category - Sewer Lift Station Construction andMaintenance; andWHEREAS, on May 6, 2O2I, and pursuant to Resolution No. 019-17, Section 5.0 BidProcedures, the City's Public Works Department issued an email lnvitation to Bid (lTB) for CedarHeights Lift Station Valving and Piping Replacement Project to five (5) qualified contractors onthe selected roster, and simultaneously posted the ITB on the City's website; andWHEREAS, on May 2L,2O2L, the City's Public Works Department received one (1) bid bythe deadline, and Aqua Tech LLC was deemed the apparent lowest, qualified bidder for theCedar Heights Lift Station Valving and Piping Replacement Project; andWHEREAS, although Aqua Tech LLC was not one of the contractors selected andsolicited by the City from the roster, they are a qualified contractor on the selected MRSC SmallWorks Roster and obtained the ITB from the City's website; andWHEREAS, on May 2L,202L, the City's Public Works Department completed the MRSCMandatory Bidder Responsibility Checklist and confirmed Aqua Tech LLC as the lowest,qualified bidder; andWHEREAS, the Port Orchard City Council, at the 2015 recommendation of the StateAuditor's Office, wishes to document their selection/procurement process as described abovefor this particular contract by Resolution; now, therefore,THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVESAS FOILOWS:
Resolution No. 037-21Page 2 of 30THAT: lt is the intent of the Port Orchard City Council that the recitals set forth aboveare hereby adopted and incorporated as findings in support of this Resolution.THAT: The City Council approves and authorizes the Mayor to execute Contract No.C056-2L with Aqua Tech LLC for the Cedar Heights Lift Station Valving and PipingReplacement Project, a copy of which is attached hereto as Exhibit B and incorporatedherein by this reference.THAT: The Resolution shall take full force and effect upon passage and signatureshereon.PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor andattested by the City Clerk in authentication of such passage on this 8th day of June 2021.Robert Putaansuu,MayorATTESTBrandy Rinearson, MMC, City Clerk
Exhibit A to Resolution No. 037-71tublic Agmcy Name:n6terType:DatcTrme:Main GtegorlaSutsCategoryA- Advaced Septic & ConsirudimAl6phahpaving ln€Adopt A Stream FdndalionAdvanced Etectrical Tech. CCSalt cilnty rctsApex l.lahmical llcAqua Tedr . lt€Award Construciin Incarke ttndogmund & Construction, LlCEalance Dymmirl, lm.Beist€y Enterpdses tLCBets€hart Electric Co. lnc.Bhck Hilts Excanting lnc,BRUMREI"D CONSTRTJCTION, INC,BudgetSewCo.Capstone StructwesCascade Utilitig, lR. .Ceccati,lncChrk And Sons Excavatjng INCColumbia Pacif ic ConstructionCoreTap Construction LLCCorectEqoipmentDtrm Comtruction LLCDain-Pjq lnc.El8 Goup LLCErnaginsed Solutions, lnc.E npire Whtt oritling LLCFloHawkFORMA Cofffrr€tion CompanyGary Haes CoGtrution, lN.l-lans ExGvatimHuti€r General CmtractoE lncHunnirutfs lnckrDepth Ercavationlndustial Ekctdc MachimryCityof Port&chaldSmalt tiro.*s Rostero5n3no210612 pmSeihry Sewer Constudion, Repair, and MaintenanceSffr Lift Stetion Cffibuction md Jqaintemce
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CITY OF PORT ORCHARD SMALL WORIG 35K AND UNDERCONSTRUCTION CONTRACT NO. CO56-21PUBLIC WORKS PROJECT NO. PW2OZI.OIgTHIS Agreement is made effective as of the 8th day of fune-, 20\,by and betweenCITY OF PORT ORCHARD, WASHINGTON ("CITY')216 Prospect StreetPort Orchard, Washington 98366Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029andAqua Tech LLC111 Sparrow Ct.Port Ludlow, WA 98365("coNTRACTOR")Contact: Bob ThurstonPhone: 360.301.3535Email : bobt@aquatecllc.comfor the following Project:Cedar Heights Lift Station Valving & Piping Replacement(..PROJECT")The City and Contractor agree as follows:1. Contract Documents. The Contractor shall complete the Work described in the ContractDocuments for the Project. The following documents are collectively referred to as the"Contract" and/or "Contract Documents":a. This Agreement signed by the City and the Contractor;b. Division 1 of WSDOT Standard Specifications for Road, Bridge and MunicipalConstruction, 2018 edition, together with APWA Supplement (l-99), subject to specificprovisions 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 ofthis Agreement;e. Public Works Terms and Conditions;f. Insurance and Bonding Requirements; andCity of Port Orchard and Aqua Tech LLCPublic Worlrs Project No. PW2021-019Small l4rorls Contract No. C056-21Page I of24Rlev 7/23/2020
g. The bid proposal submitted by the Contractor, except when inconsistent with ContractDocuments a-f.The intent of the Contract Documents is to include all items necessary for the proper executionand completion of the Work by the Contractor. These Contract Documents complement eachother in describing a complete work. Any requirement in one document binds as if stated in allThe Contractor shall provide any work or materials clearly implied in the Contract even if theContract does not mention it specifically.2. Date of Commencement and Substantial Completion Date. The date of commencementshall be June l4.202L The Contractor shall substantially complete the Work not later thanAueust 12.2021, subject to adjustment by change order.3. The Contractor shall do all work and furnish all tools, materials, and equipment in accordancewith the above described Construction Contract Documents. The Contractor shall provide andbear the expense of all equipment, work, and labor of any sort whatsoever that may be requiredfor the transfer of materials and for constructing and completing of the work provided for inthese Construction Contract Documents, excapt those items mentioned therein to be fumishedby the City.4. Subject to additions and deductions by change order, the construction Contract Sum is the basebid amount of $3,Lr055.,-QQ (applicable sales tax included). The construction Contract Sumshall include all items and services necessary for the proper execution and completion of thework. The City hereby promises and agrees with the Contractor to employ, and does employthe Contractor to provide the materials and to do and cause to be done the work described inthe Construction Contract Documents and to complete and finish the same according to theplans and specifications and the terms and conditions herein contained; and hereby contractsto pay for the same at the time and in the manner and upon the conditions provided for in thisContract.5. The Contractor agrees to comply with all state and federal laws relating to the employment oflabor and wage rates to be paid. The Contractor agrees to furnish insurance of the types andin the amounts set forth in the Construction Contract Documents.6- The Contractor agrees to repair and replace all property of the City and all property of othersdamaged by himself, his employees, and sub-contractors.7 . The Contractor for himself and for his heirs, executors, administrators, successors, and assigns,does hereby agree to the full performance of all the covenants herein upon the part of theContractor.8. It is further provided that no liability shall attach to the City of Port Orchard by reason ofentering into this Construction Contract, except as expressly provided herein.City of Port Orchard and Aqua Tech LLCPublic Worlcs Project No. PIY202l-019Small Worlrs Contract No. C056-21Page2 of24Piev 7/23/2020
9. Title VIThe City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964,78 Stat. 252,42 U.S.C.2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportationsubtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of theDepartment of Transportation issued pursuant to such Act, must affirmatively insure that its contractscomply with these regulations.Therefore, during the performance of this Agreement, the Contractor, for itself, its assignees, andsuccessors in interest agrees as follows:Compliance with Regulations: The Contractor will comply with the Acts and the Regulationsrelative to Nondisuimination in Federally-assisted programs of the U.S. Department ofTransportation, Federal Highway Administration (FHWA), as they may be amended from time totime, which are herein incorporated by reference and made a part of this Agreement.2. Nondiscrimination: The Contractor, with regard to the work performed by it during thisAgreunent, will not discriminate on the grounds of race, color, national origin, sex, age,disability, income-level, or LEP in the selection and retention of subcontractors, includingprocurements of materials and leases of equipment. The Contractor will not participate directly orindirectly in the discrimination prohibited by the Acts and the Regulations €N set forth inAppendix A, atcached hereto and incorporated herein by this reference, including employmentpractices when this Agreement covers any activity, project, or program set forth in Appendix B of49 C.F.R. part21.3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In allsolicitations, either by competitive bidding, or negotiation made by the Contractor for work to beperformed under a subcontract, including procurements of materials, or leases of equipment, eachpotential subcontractor or supplier will be notified by the Contractor of the Contractor'sobligations under this Agreement and the Acts and the Regulations relative to Non-discriminationon the grounds of race, color, national origin, sex, age, disability, income-level, or LEP.4. Information and Reports: The Contractor will provide all information and reports required bythe Acts, the Regulations and directives issued pursuant thereto and will permit access to itsbooks, records, accounts, other sources of information, and its facilities urs may be determined bythe City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, andinstructions. Where any information required of the Contractor is in the exclusive possession ofanother who fails or refuses to firnish the information, the Contractor will so certify to the City orthe FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the Non-discrimination provisions of this Agreement, the City will impose such contract sanctions as it orthe FHWA may determine to be appropriate, including, but not limited to:l. withholding payments to the Contractor under the Agreement until the Contractorcomplies; and/or2. cancelling, terminating, or suspending the Agreement, in whole or in part.6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs onethrough six in every subcontract, including procurements of materials and leases of equipment,City of Port Orchard and Aqua Tech LLCPublic Works Project No. PW202l-019Small Worl<s Contract No. C056-21 Fiev 7/23/2020Page3 of24
unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractorwill take action with respect to any subcontract or procurement as the City or the FHWA maydirect as a means of enforcing such provisions including sanctions for noncompliance. Provided,that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, orsupplier because of such direction, the Contractor may request the City to enter into any litigationto protect the interests of the City. In addition, the Contractor may request the United States toenter into the litigation to protect the interests of the United States.IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executedon the date first written above.CITY OF PORT ORCHARDCONTRACTORtRobert Putannsuu, MayorATTEST/Ae!t*c$9AL,&6ot7Va,a*nQaharl Thr rrcfanOwnerBy:Its:TE:Rinearson, MMC, City ClerkAPPROVED AS TO FORMCharlotte A.AttorneyoReCity ofPort Orchard and Aqua Tech LLCPublic ll'orls Project No. Pl'y2021-019Small llorks Contract No. C056-21Page 4 of24R:ev 712312020
CERTIFICATE AS TO CORPORATE PRINCIPALI,(Corporate Officer (Not Contract Signer))certify that I am the(Corporate Title) of thecorporation named as the Contractor in the Agreement attached hereto; that(Contract Signer) who signed said Agreement on behalfofthe Contractor, was then(Corporate Title) of said corporation;that said Agreement was duly signed for and in behalf of said corporation by authority of itsgoverning body, and is within the scope of its corporate powers.Corporate SealCorp. officer signature (not contract signer)PrintedTitleState ofCounty of(corporate fficer (not contract signer)) beingduly swom, deposes and says that he/she is (Corporate Title)of(Name of Corporation)Subscribed and sworn to before me this _ day of20Notary Public (Signature)Notary Public (Print)My commission))City of Port Orchard and Aqua Tech LLCPublic Worlrs Project No. PW2021-019Small Llrorks Contract No. C056-21Page 5 of24Rev 712312020
CITY OF PORT ORCHARI)PUBLIC WORI( PROJECT TERMS AND CONDITIONSThe following terms and conditions shall be used in conjunction with the Standard Specificationsfor Road, Bridge and Municipal Construction, 2018 edition, together with the APWA Supplement(Section l-99), as issued by the Washington State Department of Transportation and AmericanPublic Works Association, Washington State Chapter, hereinafter referred to as the "standardspecifications". The standard specifications, except as they may be modified or superseded bythese provisions, shall govern all phases of work under this Contract, and they are by referencemade an integral part of these specifications and Contract as if herein fully set forth.When the provisions of the standard specification conflict with the terms and conditions ascontained herein, the terms and conditions shall prevail.1. BID PRICE: The bid price(s) shall include all necessary permits, fees and items of labor,material, equipment, tools, overhead and compensation, supplies, taxes, utilities and otherincidentals necessary to complete the work in a fully functional and operational state. All pricesincluding bid prices are in US funds.2. DEFINITIONS: The term "City" means Port Orchard, Washington, "successful bidder" meansthe apparent lowest and best responsible bidder to whom an award is made, and "Contractor"means the successful bidder who has satisfied the requirements for the award and who receives acontract executed by the City. "Bidder" means the person, firm or corporation that has made anoffer in response to the invitation to bid. o''Work" means the construction and services required bythe Contract Documents, whether completed or partially completed, and includes all other labor,materials, equipment and services provided or to be provided by the Contractor to fulfill theContractor's obligations.3. LICENSING AND REGISTRATION: The Contractor must have a Washington State certificateof registration per chapter 18.27 RCW; a current state unified business identifier number; and ifapplicable, industrial insurance coverage for the bidder's employees working in Washington, anEmployment Security Department number, and a state excise tax registration number. In addition,the bidder must not be disqualified from bidding on any public works contracts under RCW39.06.0 1 0 or 39.12.065 (3).4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law.Bidders are warned to take into consideration statutory legal requirements, particularly, thepayment of prevailing wages and fringe benefits, payment and performance bonds and sales taximplications in making their bids. It is the sole responsibility of the bidder to ensure that theappropriate labor classification(s) are identified and that the applicable wage and benefit rates aretaken into consideration when preparing their bid according to these specifications. The Contractorshall complete and file State of Washington, Department oflabor & Industries, Statement of Intentto Pay Prevailing Wages and Affidavit of Wages Paid forms and shall familiarize itself with theirrequirements. The Contractor shall also be responsible for and pay all costs pertaining to theprocessing of these forms.5. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated inthe Attachment entitled "Insurance Requirements."6. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documentswill be by written addenda only.City of Port Orchard and Aqua Tech LLCPublic worlcs Project No' PW202l-019 ,'.ev 712312020Small works Contract No' c056-21 page 6 of 24
7. PROJECT COMPLIANCE: [n compliance with the request for quotation, Bidder herebyproposes to perform all work for this project in strict accordance with the Contract Documents, atthe Contract Sum, and within the time set forth herein with the understanding that time is of theessence in the perforrnance of this Contract.8. TAXES: Proposals shall include all applicable taxes except sales tax, which is a separate biditem. It shall be the Bidder's responsibility to furnish Federal Excise Tax Exemption Certificate,when applicable.9. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error.10. PERMITS AND FEES: The Contractor shall furnish all permits, inspection fees, and feesrequired in the performance of this Contract, including those charged under RCW 39.12.070 bythe Department of Labor and Industries for the approval of statements of intent to pay prevailingwages and the certification of affrdavits of wages paid, etc. The Department may also charge feesto persons or organizations requesting the arbitration of disputes under RCW 39.12.060. TheContractor is responsible for all fees resulting from these statutes.11. CONTRACT: The Contract, when properly signed, will be the only form that will berecognized by the City as an award, The executed Contract supersedes all previouscommunications and negotiations, except as referenced herein, and constitutes the entireagreement between the City and Contractor (parties), except as provided herein. The Contractorshall not make any changes, alterations, or variations in the terms of the Contract without thewritten consent of the City. No terms stated by the Bidder in its proposal shall be binding on theCity unless accepted in writing by the City. The successful bidder may not assign the Contractresulting from this invitation to bid without the City's prior written consent. No waiver by the Cityof a breach of any provision of the terms and conditions outlined in the invitation to bid shallconstitute a waiver of any other breach of such provision or of any other provisions.12. CHANGE ORDERS: If the City or the Contractor requests a change in the Work, or eitherparty believes that a change is necessary, then the parties shall comply with the followingprocedure to document and reflect a change in the Work: (a) The party requesting the change shallwrite a description of the change and give the description to the other parry (the "Change Notice");(b) Before proceeding with the change in Work, unless otherwise excused by emergency, theContractor shall provide the City with a fixed-price written estimate of the cost and time impactof the change in Work; and (c) The City and the Contractor shall execute a Change Orderconfirming their agreement as to the change in Work, the fixed-price cost, and the extension of theSubstantial Completion Date, if any. If the change in Work cannot be performed on a fixed-pricebasis, the Change Order shall identiff 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 adjustment, if any, in the Contract Sum orSubstantial Completion Date, or both. The City may by Change Directive, without invalidating theContract, order changes in the Work within the general scope of the Contract consisting ofadditions, deletions or other revisions, the Contract Sum and Substantial Completion Date beingadjusted accordingly. A Change Directive shall only be used in the absence of total agreement onthe terms of a Change Order. Upon receipt of a Change Directive, the Contractor shall promptlyproceed with the change in the Work and advise the City of its agreement or disagreement withthe proposed method for determining the proposed adjustment in the Contract Sum and/orSubstantial Completion Date, if any, provided in the Change Directive. A Change Directive signedby the Contractor indicates agreement with all terms set forth in the Change Directive. Suchagreement shall be effective immediately and shall be recorded as soon as practical with a ChangeCity of Port Orchard and Aqua Tech LLCPublic works Project No' PW202l-019 Rev 7/23/2020small ltrrorks contract No' c056-21 pageT of 24
Order. If the parties are unable to agree on an adjustment to the Contract Sum and/or SubstantialCompletion Date, if any, then either pafty may submit the matter for determination in accordancewith Section 21.14. MINOR CHANGES IN TFm WORK: The City shall have the authority to order minorchanges in the Work not involving adjustment in the Contract Sum or extension of the SubstantialCompletion Date and not inconsistent with the Contract documents. The Contractor shall promptlycarry out such written orders for minor changes in the Work15. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants fullcompliance with all applicable local, state or federal laws and regulations and agrees to indemnifyand defend the City against any loss, cost, liability or damage, including reasonable attorney'sfees, by reason ofsuccessful bidder's violation ofthis paragraph.16. INDEMNIFICATION: All services to be rendered or performed under this Contract will berendered or performed entirely at the Contractor's own risk. The Contractor shall defend,indemnifr and hold the City, its officers, officials, employees and volunteers harmless from anyand all claims, injuries, damages, losses or suits including attorney fees, arising out of or inconnection with the performance of this Contract, except for injuries and damages caused by thesole negligence of the City. Should a court of competent jurisdiction determine that this Contractis subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injuryto persons or damages to property caused by or resulting from the concurrent negligence of theContractor and the City, its officers, officials, employees and volunteers, the Contractor's liabilityhereunder shall be only to the extent of the Contractor's negligence.It is funher specifically and expressly understood that the indemnification provided hereinconstitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solelyfor the purposes of this indemnification. This waiver has been mutually negotiated by the parties.The provisions of this section shall survive the expiration or termination of this Contract.17. TERMINATION: This Contract may be terminated in whole or in part, without penalty, underthe following conditions: 1) by mutual written agreement; 2) by the City for breach by theContractor of any of the obligations or requirements set forth in the Contract Documents whichwould, at the option of the City, require the Contractor to assume liability for any and all damages,including the excess of re-procuring similar 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 provisionscontained herein, the City, without cause, may terminate the Contract between the parties byproviding notice to the Contractor. Upon termination under this section: 1) All remainingobligations ofthe parties are discharged, but any right based upon breach or performance occurringprior to termination survives; 2) If the reasonable costs of performance incurred by the Contractorprior to termination exceed the amount paid by the City to the Contractor on the Contract Sum, theCity shall reimburse the Contractor in the amount of such excess; 3) Ifthe amount paid by the Cityto the Contractor on the Contract Sum exceeds the reasonable costs of performance incurred bythe Contractor prior to termination, the Contractor shall reimburse the City in the amount of suchexcess; and 4) Any funds obtained or retained by the Contractor as provided in subsections 2) or3), above, shall constitute full payment and consideration for the services performed by theContractor prior to termination.City of Port Orchard and Aqua Tech LLCPublic Ll/orks Project No. PW202I-019Small llrorks Contract No. C056-21Page 8 of24Rev 7/2312020
19. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance withthese terms and conditions, notwithstanding any previous custom, practice, or course of dealing tothe contrary.20. PAYMENT: Contractor shall maintain time and expense records and provide them to the Cityalong with monthly invoices in a format acceptable to the City for work performed to the date ofthe invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. Ifthe services rendered to not meet the requirements of the Contract, Contractor will correct ormodify the work to comply with the Contract. City may withhold payment for such work until thework meets the requirements of the Contract.21,. DISPUTE RESOLUTION: In the event there is a dispute between the parties, the partiesagree to resolve that dispute in the following manner: (a) The parties shall attempt in good faith toresolve any dispute promptly through negotiation. Either pafi may give the other party writtennotice that a dispute exists (a'Notice of Dispute"). The Notice of Dispute shall include a statementof such party's position. Within ten (10) days of the delivery of the Notice of Dispute, the partiesshall meet at a mutually acceptable time and place and attempt to resolve the dispute; (b) If theparties are unable to resolve the dispute, they may elect to submit the dispute to mediation. Thecost of the mediation shall be borne equally by the parties. The mediator shall be selected by themutual agreement of the parties; (c) If the mediation does not result in a settlement of the dispute,the dispute shall be settled by binding arbitration by the Judicial Arbitration and MediationServices ("JAMS") in accordance with the then operative construction rules of JAMS. The partiesmay select an arbitrator by mutual agreement, or if unable to agree, the arbitrator will be selectedpursuant to the des of JAMS. The parties shall be bound by the decision of such arbitrator. Thearbitration shall be conducted in Kitsap County, Washington; provided, if JAMS is unable toconduct the arbitration in Kitsap County, then the arbitration shall be held in such location as theparties may agree after consulting with JAMS.City ofPort Orchard and Aqua Tech LLCPublic Works Project No. PW2021-019Small l{orlrs Contract No. C056-21Page9 of24R:ev 7123/2020
CITY OF PORT ORCHARDINSURANCE REQUIREMENTSThe Contractor shall procure and maintain for the duration of the Contract with the City, insuranceagainst claims for injuries to persons or damage to property which may arise from or in connectionwith the performance of the work hereunder by the Contractor, their agents, representatives,employees and subcontractors.No Limitation. The Contractor's maintenance of insurance, its scope of coverage and limits asrequired herein shall not be construed to limit the liability of the Contractor to the coverageprovided by such insurance, or otherwise limit the City's recourse to any remedy available at lawor in equity.Minimum Scope of Insurance. The Contractor shall obtain insurance ofthe types described belowAutomobile Liability insurance covering all owned, non-owned, hired and leased vehicles.Coverage shall be written on Insurance Services Office (tSO) form CA 00 01 or a substituteform providing equivalent liability coverage. [f necessary, the policy shall be endorsed toprovide contractual liability coverage.Commercial General Liability insurance shall be written on ISO occurrence form CG 0001 and shall cover liability arising from premises, operations, stop gap liability,independent contractors, products-completed operations, personal injury and advertisinginjury and liability assumed under an insured contract. The Commercial General Liabilityinsurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO formCG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement ormodification of the Commercial General Liability Insurance for liability arising fromexplosion, collapse or underground property damage. The City shall be named byendorsement as an additional insured under the Contractor's Commercial General Liabilityinsurance policy with respect to the work performed for the City using ISO AdditionalInsured endorsement CG or substitute endorsements providing equivalent coverage.Workers' Compensation coverage as required by the Industrial Insurance laws of the Stateof Washington.Employers' Liability coverage to include bodily injury, and bodily injury by disease.Employers Liability coverage may be included in the Contractor's General LiabilityCoverage or as a stand-alone policy.o Builders Rlsft insurance covering interests of the City, the Contractor, Subcontractors, andSub-subcontractors in the work. Builders Risk insurance shall be on an all-risk policy formand shall insure against the perils of fire and extended coverage and physical loss ordamage including flood, earthquake, theft, vandalism, malicious mischief, collapse,temporary buildings and debris removal. The Builders Risk insurance covering the workwill have a deductible of $5,000 for each occurrence, which will be the responsibility ofthe Contractor. Higher deductibles for flood and earthquake perils may be accepted by theCity of Port Orchard and Aqua Tech LLCPublic l4/orlrs Project No. PW202l-019Small Worlrs Contract No. C056-21 Rev 7/23/2020Page l0 of24aaa
City upon wriffen request by the Contractor and written acceptance by the City. Anyincreased deductibles accepted by the City will remain the responsibility ofthe Contractor.The Builders Risk insurance shall be maintained until final acceptance of the work by theCity.Minimum Amounts of Insurance. The Contractor shall maintain the following insurance limitsAutomobile Liability insurance with a minimum combined single limit for bodily injuryand property damage of $1,000.000 per accident.Commercial General Liability insurance shall be written with limits no less than$1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit.Builders Risfr insurance shall be written in the amount of the completed value of the projectwith no coinsurance provisions.W'orker s' C ompens atlon insurance.Employer's Liability insurance with Washington Stop Gap Employers' Liability minimumlimits of $1,000,000 each accident, $1,000,000 disease - each employee, $1,000,000disease - policy limit.The City will not be responsible for payment of industrial insurance premiums or for anyother claim or benefit for this Contractor or any sub-Contractor or employee of theContractor which might arise under the industrial insurance laws during the performanceof duties and services under this contract. If the Department of Labor and Industries, uponaudit, determines that industrial insurance payments are due and owing as a result of workperformed under this contract, those payments shall be made by the Contractor; theContractor shall indemniff the City and guarantee payment of such amounts.Other lnsurance Provisions. The Contractor's Automobile Liability, Commercial GeneralLiability and Builders Risk insurance policies are to contain or be endorsed to contain that theyshall be primary insurance as respects the City. Any insurance, self-insurance or insurance poolcoverage maintained by the City shall be excess of the Contractor's insurance and shall notcontribute with it. If any coverage is written on a "claims made" basis, then a minimum of three(3) year extended reporting period shall be included with the claims made policy, and proof ofthisextended reporting period provided by the City.Contractor's Insurance for Other Losses. The Contractor shall assume full responsibility for allloss or damage from any cause whatsoever to any tools, including but not limited to theContractor's employee-owned tools, machinery, equipment or motor vehicles owned or rented bythe Contractor, or the Contractor's agents, suppliers or contractors as well as any temporarystructures, scaffolding and protective fences.oaoaCity ofPort Orchard and Aqua Tech LLCPublic Worl<s Project No. Pl'y2021-019Small Works Contract No. C056-21Pagell of24Rev 7/23/2020
Waiver of Subroeation. The Contractor waives all rights against the City, any of itsSubcontractors, Sub-subcontractors, agents and employees, for damages caused by fire or otherperils to the extent covered by Builders Risk insurance or other property insurance obtainedpursuant to this Insurance Requirements Section of the Contract or other property insuranceapplicable to the work. The Contractor's insurance shall be endorsed to waive the right ofsubrogation against the City, or any self-insurance, or insurance pool coverage maintained by theCity. The City will not waive its right to subrogation against the Contractor. The Contractor'sinsurance shall be endorsed acknowledging that the City will not waive its right to subrogation.Acceptabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best ratingof not less than A:VII.Verification of Coverase. The Contractor shall fumish the City with original certificates and acopy of the amendatory endorsements, including but not necessarily limited to the additionalinsured endorsement, evidencing the Automobile Liability and Commercial General Liabilityinsurance of the Contraotor before commenoement of the work. Before any exposure to loss mayoccur, the Contractor shall file with the City a copy of the Builders Risk insurance policy thatincludes all applicable conditions, exclusions, definitions, terms and endorsements related to thisproject.Subcontractors. The Contractor shall have sole responsibility for determining the insurancecoverage and limits required, if any, to be obtained by subcontractors, which determination shallbe made in accordance with reasonable and prudent business practices.Notice of Cancellation. The Contractor shall provide thirty (30) days written notice by certifiedmail, return receipt requested, to the City prior to the cancellation or alteration of coverage.Failure to Maintain Insurance. The insurance required by this Section will not be canceled,materially changed or altered without forty-five (45) days prior written notice submitted to theCity. Failure on the part of the Contractor to maintain insurance as required shall constitute amaterial breach of contract, upon which the City may, after giving five business days' notice tothe Contractor to correct the breach, immediately terminate the Contract, or, at its discretion,procure or renew such insurance and pay arry and all premiums in connection therewith, with anysums so expended to be repaid to the City on demand, or at the sole discretion of the City, offsetagainst funds due the Contractor from the City.City of Port Orchard and Aqua Tech LLCPublic Llorlrs Project No. PW202I-019Small Worlrs Contract No. C056-21Page 12 of24P.:ev 7/23/2020
CITY OF PORT ORCHARI)DECLARATION OF OPTION FOR PERFORMANCE AND PAYMENTBOND OR ADDITIONAL RI,TAINAGE(APPLICABLE TO CONTRACTS OF $15O.OOO OR LESS - RCW 39.O8.OIO)Note: This form must be submitted at the time the Contractor executes the Contract. TheContractor shall designate the option, where applicable, desired by checking the appropriatespace.1. The Contractor shall provide SYorctainage, pursuant to RCW 60.28.011(1)(a)2. In addition, the Contractor elects to (select one):1) Furnish a performance and payment bond in the amount of the totalcontract sum. An executed performance and payment bond on the required form isincluded with the executed contract documents.'/ (2) Have the City retain, in lieu of the performance and payment bonds,ten percent (10%) of the total contract amount for a period of thirty days after dateof final acceptance, or until receipt of all necessary releases from the department ofrevenue and the department of labor and industries and settlement of any liens filedunder chapter 60.28 RCW, whichever is later. RCW 39.08.010.In choosing option 2, the Contractor agrees that if the Contractor, its heirs,executors, administrators, successors, or assigns, shall in all things stand to andabide by, and well and truly keep and perform the covenants, conditions andagreements in the Conffact, and shall faithfully perform all the provisions of suchContract and shall also well and truly perform and fulfill all the undertakings,covenants, terms, conditions and agreements of any and all duly authorizedmodifications of the Contract that may hereafter be made, at the time and in themanner therein specified, and shall pay all laborers, mechanics, subcontractors, andmaterialmen, and all persons who shall supply such person or persons, orsubcontractors, with provisions and supplies for the carrying on of such work, onhis or her part, and shall defend, indemnifr, and save harmless the City of PortOrchard, Washington, its officers and agents from any claim for such payment, thenthe funds retained in lieu of a performance bond shall be released at the timeprovided in said option 2; otherwise, the funds shall be retained until the Contractorfulfills the said obligations.Contractor Signature,DateCity of Port Orchard and Aqua Tech LLCPublic Worlrs Project No. PW202I-019Small l(orlrs Contract No. C056-217-2021Page 13 of24Bond No.P:ev 7/23/2020
PERFORMANCE AND PAYMENT BONDCITY OF PORT ORCHARI)CEDAR HEIGHTS LIFT STATION VALVING AND PIPING REPLACEMENTCONTRACT NO. C056-21Bond to City of Port Orchard, WashingtonBond No.We,(Principal)(Surety)aCorporation, and as a surety corporation authorized to becomea surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly andseverally bound to the City of Port Orchard, Washington ("Owner"), in the penal sum ofDollars ($ ),the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators,executors, or personal representatives, as the case may be. This Performance Bond is provided to secure theperformance of Principalin connection with a contract dated20_, between Principal andOwner for a project entitled Contract No.C056-21("Contract"). The initial penal sum shall equal 100 percent of the Total Bid Price, including salestax, as specified in the Proposal submitted by Principal.NOW, TFIEREFORE, this Performance and Payment Bond shall be satisfied and released only upon thecondition that Principal, its heirs, executors, administrators, successors, or assigns:Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner andwithin the time specified as may be extended under the Contract;Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material persons, and all otherpersons or agents who supply labor, equipment, or materials to the Project; andPays the taxes, increases and penalties incurred on the Project urder Titles 50, 51 and 82 RCW on: (A)Projects referred to in RCW 60.28.01 l(lXb); and/or (B) Projects for which the bond is conditionedon the payment of such taxes, increases and penalties.The Surety shall indemnifu, defend, and protect the Owner against any claim of direct or indirect lossresulting from the failure:Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the Principal)to faithfully perform the contract, orOf the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers,mechanics, subcontractors, lower tier subcontractors, material person, or any other person whoprovides supplies or provisions for carrying out the work.The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond.Principle and Surety agree that if the Owner is required to engage the services of an attomey in connectionwith enforcement of this bond each shall pay the Owner reasonable attomey's fees, whether or not suit iscommenced, in addition to the penal sum.No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to beperformed under the Contract shall in any way affect Surety's obligation on the Performance Bond. SuretyCity of Port Orchmd and Aqaa Tech LLCPublic Worlrs Project No. PW202l-019Small l{orks Contract No. C056-21 Piev 712312020Page 14 of24and
hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contractor the Work, with the exception that Surety shall be notified if the Contract time is extended by more thantwenty percent (20%).If any modification or change increases the total amount to be paid under the Contract, Surety's obligationunder this Performance and Payment Bond shall automatically increase in a like amount. Any such increaseshall not exceed twenty-five percent (25%) of the original amount of the Performance and Payment Bondwithout the prior written consent of Surety.This Performance and Payment Bond shall be governed and construed by the laws of the State ofWashington, and venue shall be in Kitsap County, Washington.IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts thisday of20PrincipalSuretySignature of Authorized OfficialSignature of Authorized OffrcialByPrinted Name and TitleAttorney in Fact (Attach Power of Attorney)Name and address of local office ofAgent and/or Surety Company:Surety companies executing bonds must appear on the current Authorized Insurance List in the State ofWashington per Section l-02.7 of the Standard Specifications.City of Port Orchard and Aqua Tech LLCPublic llorlrs Project No. PW202l-019Small l|/orlrs Contract No. C056-21Page 15 of24Ptev 712312020
ACKNOWLEDGEMENTCorporation, Partnership, or IndividualSTATEOFA)ss.COTINTYOFNandtheme known to be the (check one of the following boxes):nofcorporation,ofX ::::::' ?ruu+-tt,,6+Mthat execute.d tle foregoing instnrment to be the frrce and voluntary act and deed of said ! corporgtiprL !partnership,P individual for the uses and purposes therein mentioned, and on oath stated tfrat fXne Ishe was authorized to execute said instrument.WITNESS myhand and official seal hereto affrxed the day and year first above written.thethenaaIaa<lHor4firPUBI-rc-aaNotary Seal with lnk StampCitT of Port Orchard and Aqua Tech LLCPublic lltorl<s Projeet No. Pl4/2021-019Small lVorks Contract No. C05621Print ortype nameNOTARY PTIBLIC,in and for the State of WashingtonResiding atMy Commission expires:Page 16 of24R:ev 7/23/2020
SURETY ACKNOWLEDGEMENTSTATE OF)ss.COLTNTY OFOnthis _dayof20 , before me, the undersigned a Notary Public in andfor the State of Washington, duly commissioned and swom, personallyto me known to be theofthecorporation that executed the foregoing instrument, and acknowledged the said instrument to be the freeand voluntary act and deed ofsaid corporation, for the uses and purposes therein mentioned, and on oathstated that n n" n she was authorized to execute said instrument.WITNESS my hand and official seal hereto affixed the day and year first above written.Notary Seal with Ink StampCity of Port Orchard and Aqua Tech LLCPublic Worles Project No. Pl'Y2021-019Small lltorks Contract No. C056-21Print or type nameNOTARY PUBLIC,in and for the State of WashingtonResidingat:My Commission expires:Page 17 of24RLev 7123/2020
CITY OF PORT ORCHARI)MAINTENANCE/WARRANTY BOND(Note: Before the Performance Bond can be released the City must receive the two years Maintenance/Warranty Bond)PROJECT #, PERMIT #, PWaOZI-OI9CONTRACT#SURETYBOND#:DATE POSTED:c0s6-21EXPIRATION DATE:RE: ProjectName:Cedar Heights Lift Station Valving & Piping ReplacementOwner/Deve loper/C ontractor:Project Address:2220Potterv Ave.. Port Orchard, WA 98366KNOW ALL PERSONS BY TFIESE PRESENTS: That we,(hereinaftercalled the "Principal"), andofa corporation organized under the laws ofthe Stateand authorized to transact surety business in the State of Washington(hereinafter called the "Srnety"), are held and firmly bound unto the City of Port Orchard, Washington, in thesum ofdollars20o/oTotal Contract Amount, lawfirl money ofthe United States of Americ4 for the payment of which sum we andeach ofus bind ourselves, our heirs, executors, administrators, successors and assigrrs,jointly and severally, bythese presents. THE CONDITIONS ofthe above obligation are such that:WHEREAS, the above-named Principal has constructed and installed certain improvements on publicproperty in connection with a project as described above within the City of Port Orchard; andWHEREAS, the Principal is required to post a bond for the twenty-four (24) months following writtenand final acceptance of the project in order to provide security for the obligation of the hincipal to repair andlorreplace said improvements against defects in workmanship, materials or installation during the twenty-four(24) months after written and final approvaVacceptance of the same by the City;NOW, THEREFORE, this Maintenance Bond has been secured and is hereby submitted to the City.It is understood and agreed that this obligation shall continue in effect until released in writing by the City, butonly after the Principal has performed and satisfied the following conditions:A. The work or improvements installed by the Principal and subject to the terms and conditions of thisBond are as follows: (insert complete description of work here)B. The Principal and Surety agree that the work and improvements installed in the above-referencedproject shall remain free from defects in material, workmanship and installation (or, in the case of landscaping,shall survive,) for a period of twenty-fow Q\ months after written and final acceptance of the same andapproval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse or cessation of thestate of the project or improvements as accepted by the City during the twenty-fow Q$ month period afterfinal and written acceptance, and includes, but is not limited to, repair or replacement of defectiveworkmanship, materials or installations.City of Port Orchard and Aqua Tech LLCPublic Worles Project No. PI'y2021-019Small W'orlrs Contract No. C056-21Page l8 of24Fiev 7/2312020
C. The Principal shall, at its sole cost and expense, carefrrlly replace and/or repair any damage or defectsin worlsnanship, materials or installation to the City-owned real property on which improvements have beeninstalled, and leave the same in as good condition as it was before commencement of the work.D. The Principal and the Surety agree that in the event any of the improvements or restoration workinstalled or completed by the Principal as described herein, fail to remain free from defects in materials,worknanship or installation (or in the case of landscaping, fail to survive), for a period of twenty-four (24)months from the date of approvaVacceptance of the work by the City, the Principal shall repair and/replace thesame within ten (10) days of demand by the City, and if the Principal should fail to do so, then the Surety shall:1Within twenty (20) days of demand of the City, make written commitment to the City that itwill either:remedy the default itself with reasonable diligence pursuant to a time scheduleacceptable to the City; orb).tender to the City within an additional ten (10) days the amount necessary, asdetermined by the City, for the City to remedy the default, up to the total bond amount.Upon completion ofthe Surety's duties under either ofthe options above, the Surety shall thenhave fi.rlfilled its obligations under this bond. If the Surety elects to fulfill its obligationpursuant to the requirements of subsection D(lXb), the City shall notify the Surety of theactual cost of the remedy, upon completion of the remedy. The City shall retum, withoutinterest, any overpayment made by the Surety, and the Surety shall pay to the City any actualcosts which exceeded the City estimate, limited to the bond amount.In the event the Principal fails to make repairs or provide maintenance within the time periodrequested by the City, then the City, its employees and agents shall have the right at the City'ssole election to enter onto said property described above for the purpose of repairing ormaintaining the improvements. This provision shall not be construed as creating an obligationon the part of the City or its representatives to repair or maintain such improvements.Corrections. Any corrections required by the City shall be commenced within ten (10) days ofnotification by the City and completed within thiffy (30) days of the date of notification. If the workis not performed in a timely manner, the City shall have the right, without recourse to legal action, totake such action under this bond as described in Section D above.F. Extensions and Changes. Nochange, extension of time, alteration or addition to the work to beperformed by the Principal shall affect the obligation of the Principal or Surety on this bond, unlessthe City specifically agrees, in writing, to such alteratiorl addition, extension or change. The Suretywaives notice ofany such change, extension, alteration or addition thereunder.G. Enforcement. It is specifically agreed by and between the parties that in the event any legal actionmust be taken to enforce the provisions of this bond or to collect said bond, the prevailing parly shallbe entitled to collect its costs and reasonable attomey fees as a part of the reasonable costs of securingthe obligation hereunder. In the event of settlement or resolution of these issues prior to the filing ofany suit, the actual costs incured by the City, including reasonable attomey fees, shall be considereda part ofthe obligation hereunder secured. Said costs and reasonable legal fees shall be recoverableby the prevailing party, not only from the proceeds ofthis bond, but also over and above said bond asa part ofany recovery (including recovery on the bond) in anyjudicial proceeding. The Surety herebyCity of Port Orchard and Aqua Tech LLCPublic Worlrs Project No. PW202I-019Small Worlrs Contract No. C056-21 Rev 712312020Page 19 of24a).2.E.
H.SURETY COMPANY(Signature must be notarized)ItsBusiness Name:Business Address:Crty/State/Zip CodeTelephone Number:CITY OF PORT ORCFIARDIts Public Works Director/City EngineerCity of Port Orchard and Aqua Tech LLCPublic Worlrs Project No. PW202I-019Small Lltorks Contract No. C05621DEVELOPER/OWNER(Signature must be notarized)ItsBusiness Name:Business Address:CitylState/Zip Code:Telephone Number:Date:CHECK FOR ATTACHED NOTARY SIGNATUREIndividual (Form P-1)Corporation (Form P-2)Surety Company (Form P-2)agrees that this bond shall be governed by the laws ofthe State of Washington. Venue of any litigationarisrng out ofthis bond shall be in Kitsap County Superior Court.Bond Expiration. This bond shall remain in fi.rll force and effect until the obligations secured herebyhave been firlly performed and until released in writing by the City at the request of the Surety orPrincipal.DATED this _ day of20-.ByByBy:Page20 of24Plev 7/2312020
F'ORM P-l / NOTARY BLOCK(Use For IndividuaVSole Proprietor Only)STATE OF WASHINGTONCO{.]NTY OF KITSAP))ss.)I certify that I know or have satisfactory evidence thatis the person whoappeared before me, and said person acknowledged that (he/she) signed this instrument, and acknowledged itto be (his/her) free and voluntary act for the uses and purposes mentioned in the instument.Dated:(print or type name)NOTARY PIJBLIC inand fortheStarte of Washington, residingqt.My Commission expires:City of Port Orchard and Aqua Tech LLCPublic l|/orlrs Project No. PW202I-019Small l{orks Contract No. C056-21Page2l of24Rrev 7/23/2020
FORM P-2 / NOTARY BLOCK(Use For Partnenhip or Corporation Only)(Developer/Owner)STATE OF WASHINGTONCOLINTYOFI certify that I know or have satisfactory evidence that _is the person whoofappeared before me, and said person acknowledged as thethat(heAhe) signed this instrument, on oath stated that (he/she) wasauthorized to execute the instrument and acknowledged it to be Qrisftrer) free and voluntary act for the uses andpurposes mentioned in the instrument.Dated:(print ortype name)NOTARY PLJBLIC in and for theState of Washington, residingat:.My Commission expires:(Surety Company)STATE OF WASHINGTONCOUNTY OFI certify that I know or have satisfactory evidence thatis the person whoofappeared before me, and said person acknowledged as thethat(he/she) signed this instrument, on oath stated that (he/she) wasauthorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses andpurposes mentioned in the instrument.Dated:(print or type name)NOTARY PUBLIC in and for theState of Washington, residingat:;City of Port Orchard and Aqua Tech LLCPublic Worlrs Project No. PIY202I-019Small llorks Contract No. C056-21ss.)))SS.)))Page22 of24My Commission expires:Fiev 7/23/2020
APPENDIX ADuring the performance of this Agreement, the Contractor, for itself, its assignees, and successors ininterest agrees to comply with the following non-discrimination statutes and authorities; including but notlimited to:Pertinent Non-Discrimination Authorities:aTitle VI of the Civil Rights Act of 1964 (42 U .S.C. $ 2000d et seq., 78 stat. 252), (prohibitsdiscrimination onthe basis of race, color, national origin); and49 C.F.R. Part21.The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42U.S.C. $ 4601), (prohibits unfair treatment of persons displaced or whose property has beenacquired because ofFederal or Federal-aid programs and projects);Federal-Aid Highway Act of 1973, (23 U.S.C. $ 324 et seq.), (prohibits discrimination on thebasis ofsex);Section 504 of the Rehabilitation Act of 1973,(29 U.S.C. $ 794 et seq.), as amended, (prohibitsdiscrimination on the basis of disability); and 49 C.F.R. Part27;The Age Discrimination Act of 1975, as amended, (42 U .S.C. $ 6101 et seq.), (prohibitsdiscrimination on the basis of age);Airport and Airway Improvement Act of 1982, (49 USC$ 471, Section 4 7723), as amended,(prohibits discrimination based on race, creed, color, national origin, or sex);The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage andapplicability of Title VI of the Civil Rights Act of 7964,The Age Discrimination Act of 1975 andSection 504 of the Rehabilitation Act of l973,by expanding the definition of the terms "programsor activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally fimded or not);Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basisof disability in the operation of public entities, public and private transportation systems, placesof public accommodation, and certain testing entities (42 U.S.C. $$ 1213 I * 121 89) asimplemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;The Federal Aviation Administration's Non-disuimination statute (49 U.S.C. 5 47123) (prohibitsdiscrimination on the basis of race, color, national origin, and sex);Executive Order 12898, Federal Actions to Address Environmental Justice in MinorityPopulations and Low-Income Populations, which ensures discrimination against minoritypopulations by discouraging programs, policies, and activities with disproportionately high andadverse human health or environmental effects on minority and low-income populations;Executive Order 13166, Improving Access to Services for Persons with Limited EnglishProficiency, and resulting agency guidance, national origin discrimination includes discriminationbecause of limited English proficiency (LEP). To ensure compliance with Title VI, you must takereasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed.Reg. at 74087 to 74100);Title IX of the Education Amendments of 1972, as amended, which prohibits you fromdiscriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).aaaaaaaCity of Port Orchard and Aqua Tech LLCPublic Worlrs Project No. PW202I-019Small Worl<s Contract No. C056-21PageZ3 of24Piev 7/2312020
SCHEDI'I."E OT MNIRACT PRrcfiscanR rEcHr3 lrrgwn{ vtl.rtG & ?nts nEPlrcffi{rlE[E tump Sum t60al anouflt *hdl be coo(rrnert wi& Scope od ltJorh snd V$ork To be Ferbrrredd€criptbn in Aperxfix A and $all incfirde rnotriliatim" nnteriab, labff c6ts, and arry otherffiirted cffi to perform contr€cGt mdc tr a elissepancy bels€en the nurrrkal unit price andSl€ rritEn {Hrds) unh ffiee b fq,ind, lie witten trv{rds} unit prica strall mfitrol.HnL.L&firrtadAtffiSP/€itDDccdFmdbntl*F5.rEflt:- L!.np CtostDkrnor,Gyn?gardrnnt d {2) ltl|€d Nlr* l{cAG/l2l ('rd( yclEt / p) sednls oa Ye'MDl$drr$nilgrTt*ll t'\l7L"s i.{r+r*ta '" 'A 5??-0vo.dr,City of Port Orchard and Aqua Tech LLCPublic llorks Project No. PW202l-019Small Llorlrs Contract No. C056-21Fer Urnps.rnsrrBToT t:sesALESrtX(er6F . q,sos ?9T0TALBD. t slnOesg-acs[.E8TAXln actordan€e liur S€stion 1S7r(2) fiEb Ssles Tar the Contractor shall colltrt from theContrading Agency retatl sales tax on the lull Contract amountPage24 of24Rrev 7/2312020