069-21 - Technical Systems, Inc. - ContractCITY OF PORT ORCHARD SMALL WORKS $35K AND UNDER
CONSTRUCTION CONTRACT NO. CO69-21
PUBLIC WORKS PROJECT NO. PW2021.022
THIS Agreement is rnade effective as of the Zs day of July, 2021,by and between
ctTY oF poRT ORCHARD, WASHTNGTON ("CITY")
216 Prospect Street
Poft Orchard, Washington 98366
Contact: Mayol Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029
and
Technical Systems, Inc
2303 l96th Sr SW
Lynnwood, WA 98036
((coNTttACTOR")
Contact: CaLy Conley Phone: 425.678.4112 Email:garyc@tsicontrols.com
fol the following Project:
SCADA Wireless Communicntions Panel Build ("PROJECT")
The City and Contractor agree as follows:
t. Contract Documents. The Contractor shall complete the Work described in the Contract
Docunnents for the Project. The follolving documents are collectively referred to as the
"Contmct Docurnents":
a. This Agreement signed by the City and the Contractor;
b. Division I of WSDOT Standald Specifications for Road, Bridge and Municipal
Construction,20l8 edition, togetheL with APWA Supplement (l-99), subject to specific
provisions contained within the Public Wor'[<s Terms and Conditions;
c. The attached Special Provisions, Plans and Specifications;
d. Written change orders or ordem for minor changes in the Woft issued after execution of
this Agreement;
e. Public Wolks Terms and Conditions;
f. Insurance and Bonding Requirements (unless bonding is waived); and
City of Porl Orchcu'cl arul Technicul Systent, Inc.
Public l(orks Project No. PW2A2l-022
Snall ll/orks Contract No. C069-21
Page I of t4
Rev 619120
g. The bid proposal subrnitted by the Contractor, except r,vlren inconsistent with Contract
Documents a-f.
The intent of the Contract Documents is to include all iterns necessary for the proper execution
and completion of the Work by the Contmctor. These Contract Documents complement each other
in describing a complete 'uvork, Any lequirement in one document binds as if stated in all. The
Contractot' shall provide any work or materials clearly implied in the Contract even if the Contract
does not mention it specifically.
2. Date of Commencement and Substantial Completion Date. The date of commencement
shall be the date of the Notice fo Procecd, The Contractor shall substantially complete the
Work riot latel than Sentember 10. 2021, subject to adjustnrerrt by charrge order,
3. The Contractor slrall do all r,vorl< and furnish alltools, materials, and equipment in accordance
with the above desclibed Construction Contract Documents, The Contractor shall provide and
bear the expense of all equipment, lvork, and labor of any sort whatsoever that may be required
fbl the transfer of materials and for constructing and completing of the 'uvork provided for in
these Constluction Contract Documents, except those items mentioned therein to be furnished
by the City.
4, Subject to additions and dedr"rctions by change order, the constructiori Contlact Sum is the base
bid amount of $15.696.00 (applicable sales tax included). The construction Contract Sum
sliall include all iterns and sewices necessaly for the ploper execution and completion of the
work. The City hereby promises and aglees with the Contractor to ernploy, and does ernploy
the Contractor to provide the materials and to do and cause to be done the wolk described in
the Construction Contract Documents 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 Contlactor agrees to cornply with all state and ftderal laws relating to the ernployment of
labol and wage rates to be paid, includirrg prevailing wage if applicable, The Contlactor agrces
to furnish insut'ance of the types and in the amounts set forth in the Constrnction Contract
Documents.
6, The Contlactor agrees to repair arrd replace all ploperty of the City and all property of others
damaged by himself, his ernployees, and sub-contractors,
7. The Contractor fol hirnself and foL his heirs, executors, administratols, successors, and assigns,
does hereby agree to the full performance of all the covenants herein upon the part of the
Contractor.
8. It is further provided that no liability shall attach to the City of Port Orchald by reason of
entering into this Construction Contract, except as expressly provided hereirr.
Ci\, 67 por, Orchard and Technical Systents, Irtc.
Public I'Yorks Project No. Pll/2021-022
Snall ll/orks Conlrqct No, C069-21
Page 2 of l4
Rev 6/9/20
9. Title VI
The City of Port Orchald, in accoldance rvitlr 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 Fedelal Regulations, Depaftlnent of Transportation
srrbtitle A, Office of the Sect'etaty, Part 21, uondisclimination in federally assisted programs of the
Department of Transpot'tation issued pursuant to such Act, rnust affinnatively insure that its contracts
cornply with these legulations.
Thelefole, during the perfolrnance of this Agreement, the Contractor', for itself, its assignees, and
successors in intercst agl'ees as follows:
1. Contpliancc rvith Regulations: The Contlactor will cornply with the Acts and the Regulations
t'elative to Nondiscrirnination in Fedelally-assisted pl'ograms of the U.S. Depaltment of
Transpoftation, Fecleral Highlvay Administration (FI{WA), as they may be amended florn time to
tinte, lvhich are helein incolporated by refelence and rnade a patt of this Agrcement.
2. Noncliscrimination: The Contlactor', with regard to the lvork performed by it duLing this
Agleement, will not discliminate on the glounds of Lace, color, national origin, sex, age,
disability, incorne-level, or LEP in the selection and retention of subcontlactors, inclLrding
pt'ocut'elnetrts of materials and leases of equipment. The Contractor wilI not participate directly or
indirectly in the discrirnination prohibited by the Acts and the Regulations as set forth in
Appendix A, attached hereto and incolporated helein by this leference, including employment
practices when this Agreement covers any activity, project, or pl'ogram set folth in Appendix B of
49 C.F.R. part2l.
3. Solicitations for Subcontlacts, Including Procurements of Mnterials nnd Equipment: ln all
solicitations, either by competitive bidding, or negotiation rnade by the Contlactor for work to be
pelformed undel a subcontract, including procurelnents of matelials, or leases of equipment, each
potential subcontractol or supplier will be notified by the Contlactol of the Corrtractor''s
obligations under this Agreement and the Acts arrd the RegLrlations relative to Non-discLimination
on the grounds of race, color, national origin, sex, age, disability, incorne-level, ol LEP,
4. Information and Reports: The Contractol will provide all information and lepofis required by
the Acts, the Regulations and directives issued pru'suant thereto arrd will pennit access to its
books, recotds, accor-urts, othel sources of infolrnation, and its facilities as may be determined by
the City or the FHWA to be pertinerrt to ascel'tain compliance with such Acts, Regulations, and
instructions. Where auy inforrnation required of the Contractol is in the exclusive possession of
anothel lvho fails or lefuses to furnish the infonnation, the Contl'actol will so celtify to the City or
the FHWA, as appropriate, ancl rvill set forth what efforts it has made to obtain the infonnation.
5. Sanctions lbr Noncompliance: In the event of the Contractor's noncornpliance with the Non-
disclirnination provisions of this Agleement, the City will impose such contlact sanctions as it or
the FHWA may determine to be appropriate, including, but not lirnited to:
L withholding paylnents to the Contractol under the Agreement until the contractor
complies; and/or
2. cancelllng, terminating, or suspending the Agreernent, in whole or in part.
Cily 6f porl Orchard and Tbcltnical Sy.steurs, Ittc.
Public ll/orks Project No. PIy202l-022
Snall l'llorks Cotilrac! No. C069-21
Page 3 of 14
Rev 6/9120
6. Incorporation of Provisions: The Contlactor will include the provisions of paragraphs one
thlotrgh six in every subcontract, including procu'ernents of materials ancl leases of equipment,
ttnless exetnpt by the Acts, the Regulations and dilectives issued pursuant thereto, The Contractor
will take action lvith respect to any subcontract ol ploculement as the City or the FHWA rnay
dilect as a nleaus of enfolcing such provisions including sanctions for noncornpliance. Plovided,
that if the Contractor becomes involved in, or is threatened r,vith litigation by a subcontractor, or
suppliel becattse of such dit'ection, the Contlactol'may request the City to enter into any litigation
to ptotect the interests of the City. In addition, the Contractor rnay request the United States to
enter into the litigation to plotect the interests of the United States.
IN WITNESS WHEREOF, the parties lrereto have caused this contract to be duly executed
on the date t'irst r.vritten above.
CITY OF PORT ORCHARD CONTRACTOR
TecLrri-.t hSr=,,t9, f,4c- '
Robert Putannsuu, Mayor'
ATTEST/AUTHENTICATE:
V\-0{uaO^
Brarrdy Rinearson,C, City Clerk
APPROVED AS TO FORM
Charl
Cillt plpor1 Orchard and Technical Systens, Inc.
Puhlic I'Yorks Project No. Ply202l-022
Small ll/orks Contrcrcl No. C069-21
By
Page 4 of 14
Rev 619120
CERTIFICATE AS TO CORPORATI, PRINCIPAL
13t Prigrrr>p (Corporate OlJicer (Not Contrctct Signet))
certify that I arn the e f?alcuvc cef (Corporate Title) of theion named as the Contractor in the Agreement attached hereto; that
h=(Conlrocl
I,
f
of the Contractor, was then
that said Agreement was duly signed for and in belialf of said corporation by authority of its
governing body, and is witlrirr the scope of its corporate power.s.
Corporate Sezrl
t,,
Co officer not contract signer)
Printed
C)rref Qet/cat4 OFhtn-
Title
State of
County of
r)olJicer signer)) being
duly deposes that he/she is U oq0 (Corporate Title)
of (Nu nt e of Corpot'ati on)
SLrbscribed and sworn to before nle thi, 9{h day of J.rL,,204 i
)
)
,ful (Q
Notaly Public (Signaturre)
dLE <a-
Notary Public (Print)
My commission explres -0
City of Port Orchard and Technical S),s(ems, Inc.
Public I'l/orks Project No. Pl,l/202 l-022
Sutctll I'l/orks Conlract No. C069-21
PAUL E DECUMBE
NotarY Publlc
State of Washlngton
Commlsslon il 107677
My Comm. ExPires Nov 9, 2022
Page 5 of l4
Rev 6/9/20
CITY OF PORT ORCHARD
PUBLIC WORI( PROJECT TERMS AND CONDITIONS
The following tenns and conditions shall be used in conjunction with the Standard Specifications
for Road, Bridge and Municipal Construction,20lS edition, togetherwith the APWA Supplement
(Section l-99), as issued by the Washington State Department of Transportation and Arnerican
Public Works Association, Washington State Chapter', heleinafter referred to as the "starrdard
specificatiorrs". Tlre standard specifications, except as they may be modifled or supelseded by
these ptovisions, shall govern all phases of woll< undel this Contlact, and they ale by reference
made an irrtegral palt of these specifications and Contract as if herein fully set forth.
When the provisions ofl the standard specification conf'lict with the tenns and conditions as
contained herein, the terrns arrd conditions shall prevail.
l. BID PRICE: The bid price(s) shall include all necessary permits, fees and items of labor,
matet'ial, equipment, tools, overlread and compensation, supplies, taxes, utilities and other
incidentals necessaly to complete the 'uvork in a fully functional and operational state. All prices
inclucling bid priccs are in US frrnds,
2. DEFINITIONS: The term "City" means Port Orchard, Washington, oosuccessftrl bidder" rneans
the apparent lowest arrd best responsible bidder to whom an award is made, and "Contractor"
lneans the successful bidder who has satisfied the lequirernents for the awald arrd lvho receives a
contract executed by the City. "Bidder" means the person, firm or corporation that has made an
offel in response to the invitatiorr to bid. "Work" lneans the construction and services required by
the Contract Docurnents, whether completed or partially completed, and inch"rdes all other labor,
materials, equipment and services provided or to be provided by the Contractor to fulfill the
Contractor's obligations,
3. LICENSING AND REGISTRATION: The Contractor must have a Washington State certificate
of registration per chapter 18.27 RCW; a current state unified business identifiel number; and if
applicable, industrial insurance coverage for the bidder"s employees working in Washington, an
Employment Security Departrnent nulnber, and a state excise tax legistration numtrer. Irr addition,
the bidder must not be disqualified fi'om bidding on any public wolks contracts under RCW
39.06,0 1 0 or 39, 1 2.065(3),
4. PUBLIC WORI( REQUIREMENTS: This project constitutes a public worl< under state law.
Bidders are wamed to take into consideration statutory legal requircments, palticularly, the
payment of prevailing wages and fringe benefits, payment and performance bonds (unless waived)
and sales tax implications in rnaking their bids. It is the sole tesponsibility of the bidder to insure
that the appropriatc labor classification(s) are identified and that the applicable wage and benefit
rates are taken into consideration when preparing their bid accolding to these specifications. The
Contractor shall cornplete and file State of Washington, Depaftrnent of Labor & Industries,
Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid tbnns and shall
familiarize itself with theil requirements. The Contractor shall also be responsible for and pay all
costs pertaining to the processing of these forms.
5. INSURANCE REQUIREMENT: The successful bidder will firrnislr insurance as stipulated in
tlre Attachment entitled "hlsuLance Requiremerrts."
6. RECEIPT OF ADDENDA: All official clarificatiorrs or interpretations of the bid documents
i,vill be by written addenda only,
Ciry 67por, Orchqrcl cuttl Technicctl S),stems, Ittc.
Public l(orks Project No. PIY2021-022
Snnll l,llorks Contrucl No. C069-21
page 6 of 14 Rev 619/20
7. PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby
proposes to perform all work for this project in strict accordarrce r,vith the Contract Documents, at
the Contract Sum, and within the time set fofth herein with the understanding that time is of the
essence in the perfolmance of this Contract.
8. TAXES: Proposals shall include all applicable taxes except sales tax "vhicli is a separate bid
itern, It shall be the Bidder's responsibillty to fulnish Federal Excise Tax Exernption Certificate,
when applicable.
9, ERROR IN EXTENSION: Unit plice, when used, shall govern in case oFextension error.
10. PERMITS AND FEES: The Corrtractor shall furnish all pelmits, inspection fees, and fees
reqnired irr the pelfonnance of this Corrtract, including those charged urrder RCW 39.12,070 by
the Departnrerrt of Labor and Industries for the approval of statenrents of intent to pay ptevailirrg
wages ancltlre certification of affidavits of wages paid, etc. The Departrnent may also charge fees
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, ''vhen properly signed, will be the only fonn tlrat will be
recognized by the City as an awatd. The executed Contlact supercedes all previous
communications and negotiations, except as referenced lrerein, arrd constitutes the entire
agreement between the City and Contractor (parties), except as provided herein, The Contractor
shall not malte any changes, alterations, or variations in the terms of the Contract without tlre
'uvritten consent of the City. No terms stated by the Bidder in its proposal shall be binding on the
City unless accepted in writing by the City. The successful biddel may not assign the Contract
resulting frorn this invitation to bid without the City's prior written consent, No waiver by the City
of a breach of arty provision of the terms and conditions outlined in the invitation to bid shall
constitute a waiver of any other bleach of such provision or of any other plovisions.
12. CHANCE ORDERS: If the City or the Contractor requests a change in the Work, or either
party believes that a change is necessary, tlren the parties shall comply with the following
procedure to document and reflect a change in the Work: (a) The party requesting the change shall
write a description of the change arrd give the description to the other party (the "Change Notice");
(b) Before ploceeding with the change in Work, unless otherwise excused by emergency, the
Contractor shall provide the City r,vith a fixed-plice wlitten estimate of the cost and time irnpact
of the change in Work; and (c) The City and tlie Contractor shall exeoute a Change Order
confirming their agreement as to the change in Work, the fixed-plice cost, and the extension of the
Substantial Completion Date, if any. If the change in Work cannot be performed on a fixed-price
basis, the Change Order shall identifu the agleed rnethod of compensation.
13. CHANGE DIRECTIVES: A "Change Directive" is a written order signed by the City,
directing a change irr the Worl< prior to agreement on adjustment, if any, irr the Contract Sum or
Substantial Cornpletiorr Date, or both. The City may by Change Directive, without invalidatirrg the
Contt'act, order changes in the Work withirr the genelal scope of the Contract consisting of
additions, deletions ol other revisions, the Contract Sum and Substantial Completion Date being
adjusted accordingly. A Change Directive shall only be used in the abserrce of total agreement on
the terms of a Clrarrge Order. Upon receipt of a Change Directive, the Contractor shall prornptly
proceed witli the change in the Work and advise the City of its agreement or disagreemerrt r,vitlr
tlie proposed rnethod for determining the proposed adjustment in the Contract Sum and/or
Substantial Completion Date, if any, provided in the Change Directive, A Change Directive signed
by the Contractor indicates agreement with all terms set forth in the Change Directive. Such
agreement shall be effective imrnediately and shall be recorded as soon as plactical with a Change
City of Port Orchewl and'fechnical Syslents, Inc.
Public I'l/orks Project No, PI'l/2021-022
Snall lllorks Contrac! No. C069-21
page 7 of 14
Fiev 619120
Order. If the parties are urrable to agree on an adjustment to the Contract Sum and/or Substantial
Cornpletion Date, if any, then eitlrer party may submit the matter for detennination in accordance
r,vith Section 21 .
14. MINOR CHANGES lN THE WORI(: The City shall have the authority to order minor
changes in the Worl< not involving adjustment in the Contract Sum or extension of the Substantial
Completion Date and not inconsistent r.vith the Contract docnments. The Contractol shall promptly
can'y out such written orders for minor changes in the Wolk.
15. COMPLIANCE WITI{ LAWS AND REGULAT'IONS: 'lhe Contractor wan'ants full
cotnpliance with all applicable local, state or fedelal larvs and regulations and agrees to irrdemnify
ar-rd defend the City against any loss, cost, liability or damage, including reasonable attorney's
fees, by reason of successful bidder's violation of this paragraph.
16. INDEMNIFICATION: All services to be rendered or perforrned under tlris Contract rvill be
rendered or performed entirely nt the Contractor"s own risk. The Contractor shall defend,
indernnify and hold the City, its officers, officials, employees and volunteers harmless from any
ancl all claims, injLrries, damages, losses or suits including attolney fees, arising out of or in
connection with the pelformance of this Contract, except for injuries and damages caused by the
sole negligence of the City, Should a courl of competent jurisdiction detennine that this Contract
is subject to RCW 4,24.115, then, in the event of liability for clamages arising out of bodily injury
to pet'sons or damages to property caused by or lesulting fi'om the concurlent negligence of the
Corrtractor and the City, its officers, officials, employees ancl volunteers, the Conttactor's liability
heteunder shall be only to tlie extent of the Contractor''s negligence. IT IS FURTHER
SPECIFICALLY AND EXPRESSLY I.JNDEIISTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY
THE PARTIES, The provisions of this section shall sulvive the expiration or terrnination of this
Contract,
17. TERMINATION: This Contract may be terminated in r,vhole or in part, without penalty, under
the following conditions: l) by mutual written agreernent; 2) by the City for bleach by the
Contractor of any of the obligations or requirements set forth in the Contract Documents lvhich
lvould, at the optiorr of the City, require the Contractol'to assrlme liability fol any and all damages,
inclucling the excess of re-proculirig sirnilal products or services; 3) for corrvenience 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 helein, the City, without cause, may terminate the Contract between the parlies by
providing notice to the Contractor. Upon termination undel this section: l) All remaining
obligations of the parties are discharged, but any light based upon breach or pelformance occurring
prior to termination sulvives; 2) If the reasonable costs of pelformance incurred by the Contractor
prior to termination exceed the amount paid by the City to the Contractor on the Contract Sum, the
City shall reimburse tlre Contractor in the amount of such excess; 3) lf the arnount paid by the City
to the Contractor on the Corrtract Sum exceeds the reasonable costs of perfbrmance incurred by
the Contractor prior to termination, the Contractor shall rcimburse the City in the amount of such
excess; and 4) Any funds obtained or letained by the Contractor as provided in subsections 2) or
3), above, shall coustitLrte full payrnent and considelation for the services performed by the
Contractor plior to terrnination.
CitS, s1 prrt Orchqrcl ctncl Technicctl Systenrs, Ittc.
Public I'l/orks Prrlect No, Pl'l/2021-022
Snall ll/orks Conlract No. C069-21
Page 8 of l4
Rev 619120
19. COMPLIANCE WITH TERMS: The City may at auy titne insist upon strict compliance with
these tet'ms and conditiotts, llot withstanding any plevious clrstoln, practice, or course of dealing
to tlre contrary,
20. PAYMENT: Contractor shall maintain time and expense lecords and provide them to the City
along with monthly invoices in a format acoeptable to the City fol work performed to the date of
the invoice. All invoices shall be paid by the City',vithin 45 days of receipt of a proper invoice. If
the services rendered to not meet the requirernents of the Contracto Contractor will correct or
modify the work to comply lvith the Contract. City may r,vithhold payment tbr such work until the
wolk meets the reqr.riremerrts of the Contract.
21. RETAINAGE: Unless the City waives the retainage requircment, the City slrall, pursuant to
the requirements of RCW 60.28.011, r'etain five percent (5%) of the monies earned under this
Contract, which shall be maintainecl by the City accolding to the Contractor's requested rnethod.
22. DISPUTE RESOLUTION: In the event thele is a dispute between the parties, the parties
agree to resolve that dispute in the following manner: (a) Tlre parties shall attempt in good faith to
resolve any dispute prornptly through negotiation. Either party may give the other party written
notice that a dispute exists (a "Notice of Dispute"). The Notice of Dispute shall include a statement
of such party's position. Within ten (10) days of the delivery of the Notice of Dispute, the palties
slrall meet at a rnutually acceptable tirne and place and atternpt to resolve the dispute; (b) If the
parties are unable to resolve the dispute, they rnay elect to submit tlTe dispute to mediation. The
cost of the mediation shall be bolne equally by the parties. The mediator shall be selected by the
mutual agreement of the parties; (c) If the mediation does not result in a settlement of the dispute,
the dispute shall be settlecl by binding arbitration by the Judicial ArbitLation and Mediation
Services ("JAMS") in accoldance with the therr operative construction rules of JAMS. The padies
may select an arbitrator by mutual agreement, or if urrable to agree, the arbitrator will be selected
pllrsuantto the rules of JAMS. The parties shallbe bound by the decision of such arbitrator. The
arbitration shall be conducted irr I(itsap County, Washington; provided, if JAMS is unable to
conduct the arbitration in l(itsap County, then the arbitration shall be held irr such location as the
parties nray agree after consulting with JAMS.
23. WARRANTY: Contractor shall provide a one (l) year waruanty I'or the work and
irnprovenrents installed by Contractor pursuant to the Contract, subject to the following telms and
conditions: Contractor agrees that the work and improvements installed pursuant to the Contract
shall remain fi'ee fiom defects in material, workmanship and installation (or, in the case of
landscaping, shall survive,) for a period of twelve (12) rnonths aftel wlitten and finalacceptance
of the same and approval by the City. Maintenance is definecl as acts carried out to prevent a
decline, lapse or cessation of the state of the project ol improvements as accepted by the City
during the twelve (12) nionth period atter final and written acceptance, and includes, but is not
Iirnited to, repair or replacement of defective worlcrnanship, materials or installations. Contlactor'
shall, at its sole cost and expense, carefully replace and/or repair any damage or defects in
workmanship, materials or installation to the City-owned real prope$y on which irnprovements
have been installed, and leave the same in as good condition as it was before comlrencement of
thE worh. City and Confiactor aglee that in the event any of the improvements or restoration work
installed or completed by Contractor pulsuant to the Contract fail to rcmain fiee from defects in
materials, workmanship ot installation (or in the case of landscaping, fail to survive), for a period
of twelve (12) rnonths from the date of approval/acceptance of the work by the City, Contractor
shall rrcpair arrd/replace the same within ten (10) days of demand by the City, and if Contractor
should fail to do so, then Contractor shall:
Citlt sS ptr, Orchcn'd and Technical Syslents, Inc,
Public l'I/orlcs Project No. PH/2021-022
sntall lllorks conlrac! No' c069'21
page 9 of 14 Rev 619120
Within twenty (20) days of dernand of the City, malce 'uvritten conunitment to the
City that it will either:
a)remedy the default itself with rcasonable diligence pursuant to a tirne schedule
acceptable to the City; or
b). tender to the City within an additional ten (10) days the amount necessary, as
determined by the City, for the City to remedy the default.
ln the event Conttaotor fails to tnal<e t'epairs or provide maintenance within the time
peliod rcquested by the City, tlrerr the City, its employees and agents shall have the
right at the City's sole election to enter onto said propelty desolibecl above for the
purpose of repairing or maintainirrg the improvements. This provision shall not be
construed as creating an obligation on the part of the City or its representatives to
repair or maintain such improvements.
Any couections required by the City shall be commenced r,vithin ten (10) days of notification by the
City and completed 'within tlrirty (30) days o{'the date of notification. If the worl< is not perfonned in
a tirnely lnallner, the City shall have the right, without rccourse to legal action, to take such action as
described above. No change, extension of time, alteration or addition to the work to be perfonned by
Contractor shall affect the obligations of Contractol under this lvamanty. In addition, Contractor shall
perform a walk-thtough with City representative(s) one (l) year after final acceptance of the project
to determine if any repairs or maintenance fordefective lvorkmanship, materials, or installations is
required. If so, such repairs and maintenance will be undertalcen by Contractor pursuant to the
timeline and procedures described above.
,)
Cily of Port Orcharcl ancl 'fechnical S),sten.s, Itrc,
Public I'Ilorks Project No. Pll/2021-022
Small l'llork.s Conlract No. C069-21
Page l0 of 14
Rev 6/9120
CITY OF PORT ORCHARD
INS U RANCE REQUIREMENTS
The Contruotor shall procure and maintain for the dulation of the Contract witl'r the City, insurance
against claims for injuries to persons ol damage to property which rnay arise from or in connection
with the performance of the work hereunder by the Corrtraotor, tlreir agents, replesentatives,
employees and subcontLactoLs.
No Limitation. The Contractor''s rnaintenance of insurance, its scope of coverage and limits as
requiled herein shall rrot be construed to limit the liability of the Contractor to the coverage
plovided by such insurance, or otherwise limit the City's recourse to any remedy available at lalv
or in equity.
Minimum Scope of lnsurance. The Contractor shall obtain insurance of thc types described below
tlutomobile Liabiliry insurance covering all owned, non-owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) foLrn CA 00 01 or a substitute
folm providirrg equivalent liability coverage. If necessary, the policy shall be endorsed to
provide corrtractual liabitity coverage.
Contnrercictl General. Liahility insurance shall be written on ISO occun'ence form CC 00
0l and shall cover liability arising from premises, operations, stop gap liability,
irrdeperrdent contractoLs, products-cornpleted operations, persorral injury and advertising
injuly and liability assumed under an insured contract. The Cornrnercial Ceneral Liability
insurance shall be endorsed to provicle the Aggregate Pel Project Endorsement ISO foLm
CA 25 03 ll 85 or an equivalent endorsement. TheLe shall be no endorsement or
rnodification of tl,e Commercial General Liability Insurance for liability arising from
explosiorr, collapse or undergtound property damage. The City shall be named by
endorsement as an additiorral insured urrder the Contractor's Commercial GenelalLiability
insurance policy with respect to the work performed fol the City using ISO Additional
Insured endorsement CC or substitute endorsements ploviding eqtrivalent coverage.
a
a
lflotlcers'Contpensatior covelage as required by tlie Industrial Insurance laws of the State
of Washington.
. Builclet's Ri.rft insurance covering intelests of the City, tlre Corrtlactor', Subcontractors, and
Sub-subcorrtractors in the work. Builders Risk insurance shall be on an all-risk policy form
and shall insrue against the peLils of fire and extended coverage and physical loss or'
damage including flood, earthquake, theft, vandalism, malicious mischief, collapse,
temporary buildings arrd debris removal. The Buildels Risk insurance coverirrg the work
will have a deductible of $5,000 foreach occlllrence, which will be the responsibility of
the Contractor, FligheL deductibles for flood arrd earthquake peLils may be accepted by the
City upon written request by the Corrtractor and written acceptance by the City. Any
incleased deductibles accepted by the City will remain the lesponsibility of the Contractor'.
The Builders Risk insurarrce shall be maintained until flnal acceptance of the worl< by the
City.
City of Port Orcltard antl'lbchnical Systenrs, Inc.
Public I'I/orks Project No. PN/202 I -022
Snall llrorks Contract No. C069-21 Rev 619120
Page ll of l,l
a
Empktyer's Liability insurance lirnit of $1,000,000 each accident, Employer's Liability
Disease each employee $1,000,000 and Employer's Liability Disease - Policy limit
$ 1,000.000.
Minimum Amounts of Insurance. The Contractor shall maintain the following insulance lirnits:
Aulomobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of $ I ,000,000 per accident.
Contmercictl General Liubili4t insumnce shall be written lvith lirnits no less than
$1,000,000 each occurrerrce, $2,000,000 general aggregate and a $2,000,000 products-
completed operations aggregate limit.
c Builtlers Rislr insurance shall be written in the amount of the completecl valne of the project
with rio coinsulance provisions.
Other Insut'ance Provisions. The Contractor's Autornobile Liability, Commercial Cenelal
Liability and Builders Risk insurance policies are to contain or be endolsed to contain that they
shall be prirnary insurance as respects the City. Any insurance, self-irrsurance o[ insurance pool
coverage maintained by the City shall be excess of the Contlactor's insulance and shall not
contribute with it. If any coverage is lvritten ou a "claims made" basis, then a minimum of three
(3) year extended reporting period shall be included with the clairns made policy, and proof of this
extended leporting period plovidecl by the City.
Contractor's Insurance for Other Losses. The Contractor shall assume full responsibility for all
loss or damage from any cause whatsoever to any tools, includirrg but not limited to the
Contractor's employee-owned tools, machinery, equipment or motor vehicles owned or rented by
the Contractor, ol' the ContractoL's agents, suppliers or contractors as well as any temporary
structures, scaffolding and protect i ve fences.
Waiver of Subroeation. The Contractor waives all rights agairrst the City, any of its
Sr"rbcontractors, Sub-subcontractors, agents and ernployees, for damages caused by fire or other
perils to the extent covered by Buildels Risl< insurance ol other property insurance obtained
pursuant to this Insurance Reqnilements Section of the Contract or other property instuance
applicable to the work. The Contractor's insurance shall be endotsecl to waive the right of.
sublogation against the City, or any self-insurance, oL insumnce pool coverage maiutained by the
City. The City will not waive its right to sublogation against the Contractor, The Contractor's
insurance shall be endorsed acknowledging that the City will not waive its right to subrogation.
Acceptability of Insurers, Insulance is to be placed with insurers with a current A.M. Best rating
of not less than A:VII.
Verification of Coverage. The Contractor shall furnish the City with oliginal certificates and a
copy of the amendatory endolsemelrts, including but not necessarily limited to the additional
insured endorsement, evidencing the Autornobile Liability and Commercial Ceneral Liability
Cily of Port Orchard and Tecltnicctl S),slens, lttc,
Public ll/orks Project No. PH/2021-022
Sntqll ll/orks Contracl No. C069-21 Rev 6/9120
Page 12 of l4
a
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a
insurance of the Contlactor before commencement of the work. Befol'e any exposure to loss may
occtlr, the Contractor shall file r,vith the City a copy of the Builders Risk insu'ance policy that
inch"rdes all applicable conditions, exclusions, definitions, tenns and endorsements related to this
project.
Subcontractors. The Contractot' shall have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by surbcontmctors, which determination shall
be made in accordance with leasonable and prudent business plactices.
Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this
lvork with written notice of any policy cancellation, lvithin two business days of theil receipt of
such notice.
Failute to Maintain lnsurance. The insurance required by this Section lvill not be canceled,
materially changed or altered without fblty-five (45) days priol writterr notice sr.rbrnitted to the
City. Failure on the part of the Contractor to maintain insurance as requircd shall constitute a
material breach of contract, upon which the City may, af'ter giving five br.rsiness days' notice to
the Contractor to correct the breach, immediately terminate the Contract, or, at its discretion,
plocure or l'erlelv such insurance and pay any and all premiums in connection therewith, with any
sums so expended to be repaid to tlie City on demand, or at the sole discretion of the City, offset
against funds due the Contractor fi'om the City,
Cily of Port Orclttu'd and'lbchnical Systenrs, Inc,
Public ll/orks Project No. Ply202l-022
Snwll lllorks Con!rcrct No. C069-21
Page 13 of 14
Ptev 6/9120
APPENDIX A
Duling the pet'formance of this Agt'eement, the Contractor, for itself, its assignees, and successors in
interest agrees to comply with the following non-discrimirlation statutes ancl authorities; including but not
limited to:
Pertinent Non-Discriminntion Authorities:
. 'fitle VI of the CivilRights Act of 1964 (42 U .S,C, $ 2000d et seq.,78 stat.252), (pLohibits
cliscrimination on the basis of lace, color', national origin); and 49 C.F.R. Part 21 .. The Unitbnn Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U,S,C. $ 4601), (ptohibits unfair tt'eatment of persons displaced or whose property has been
acquired because of Federal ol Feclelal-aid programs and projects);. Federal-Aid Highway Act of 1973,(23 U,S.C, $ 324 et seq,), (prohibits disclimination on the
basis ofsex);. Section 504 of the Rehabilitation Act of 1913, (29 U,S.C. $ 794 et seq.), as arnended, (prohibits
discLirnination on the basis of disability); and 49 C.F.R. Part27;. The Age Disclirnination Act of 1975, as arnended, (42 U .S.C. g 6l0l et seq.), (prohibits
disclimination on the basis of age);r Airport and Ailway hnplovernent Act of 1982, (49 USC$ 47 I, Section 4 7123), as arnended,
(prohibits discLirnination based on Lace, creed, coloL, national oligin, or sex);r The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrirnination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973,by expanding tlre definition of the terms "prograrns
or activities" to include all of the programs or activities of the Federal-aid recipients, snb-
recipients and contlactorsn whether such programs or activities ale Fedemlly funded or not);. Titles II and Ill of the Arnelicans rvith Disabilities Act, rvhich prohibit discrirnination on the basis
of disability in the operation of public entities, public and private tlansportation systerns, places
of public accomnodation, and certain testing entities (42 U.S.C, $$ l2l3l - l2l 89) as
implementecl by Depaltrnent of Transportation regulations at 49 C.P.R. palts 37 and 38;. The Federal Aviation Administration's Non-disclimination statute (49 U.S,C. $ 47123) (prohibits
cliscrirnination on the basis of race, color', national oligin, and sex);o Executive Ordel 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Lor.v-lncorne Populations, lvhich ensures discfirnination against minority
populations by discoulaging programs, policies, and activities with dispLoportionately high and
aclverse hurnan health ol envilonmental effects on minority and low-incorne populations;. Executive Order 13166, Improving Access to Services for Persons with Limited English
Ploficiency, and resulting agency guidance, national oligin discrimination includes disclimination
because of limited English proficiency (LEP), To ensure cotnpliance with Title VI, you must take
reasonable steps to -ensure that LEP persons have tneaningful access to yoru'proglalns (70 Fed.
Reg. at 74087 to 74100);r Title IX of the Education Arnendrnents of 1972, as arnended, r.vhich plohibits you fi'om
discriminating because of sex in education pl'ograns ol activities (20 U.S.C, 1681 et seq).
Cill, s7 por, Orcherd ancl 'lbchnical Systens, Inc.
Pttblic llrorks Project No. Pll/2021-022
Small I'llorks Contracl No. C069-21
Page 14 of l4
Rev 6/9120
Item No.sF/STD Unlt Prloo Anount
SCHEDULE OF CONTRACT PRICES
SCADA WRELES$ COMMUNICATION PANEL BUILD
N0TE: Lump Sum total amount shall be concurrent wlth all ltems ln the Scopo of Work and Exhlblt A.
Total Bld shall lnclude materlals, labor costs, testlng, shlpplng or dellvery, and any other assoclated
costs to perform contracted work, lf a dlscrepancy between the numerlcal unlt prlce and the wrltten
(words) unlt prlce ls found, the wrltten (words) unlt prlco shall control,
Egtlmated
QuantlV Dosoilpllon ot lt€m
1. LumpSum STD Wireless Communlc€tlonB P6nel bUlld, all testlng,
and dellvery
t2t2 oe L.s. $ut@-?
(Words) Per Lump Sum
(ztvrra*u t'heo*Al t (ettt'hv,q/a?4 t ecb bou'N| ,
SUBTOTAL:
I e9-
gtdOD
SALES TN((e%):.1 b
ToTALBID: t tqiqb+
SALES TM
ln aocordance wlth Sectlon t-O7 ,2(21State Sales Tax: The Contractor shall colleot from the
Contractlng Agency retall sales tax on the full Contraot amount.
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