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078-20 - Legacy Power Systems LLC - ContractCITY OF PORT ORCHARD SMALL WORKS UNDER 35K CONSTRUCTION CONTRACT NO. CO78-20 PUBLIC WORKS PROJECT NO. PW2OzO-OI8 "IHIS Agreenrent is made efTective as of the _.gs* duy of eqlqbeL ,20U", by and belu,een ctTy oF poRT ORCHARD, WASI{INGTON (..CITY') 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robett Putaansuu Phone: 360.876,4407 Fax: 360.895.9029 and LegacyPowerSvstems.*LLC (*CONTRACTOR") 8102 Skansie Ave Gis Harbor. WA 98332 Contact: Rvan Lundin Phone: 253.858.0214* Email: rlundin(rDlegacypower.com fbr the following Project: Albertson's Lift Station ATS Replacement (*PROJECT') The Clity and Contlactor agree as follows: L Contract llocuments. The Contractor shall complete the Work described in the Contract Documents for the Project. The following documents are collectively refened to as the "Contract Documents": a. This Agreement signed hy the City and the Contractor; b. Division I of WSDOT Standard Specifications for Road, Bridge and Municipal Consiruction,20l8 edition, together with APWA Supplement (l-99), subject to specific provisions contained within the Public Works Terms and Conditions; c. The attached Special Provisions, Plans and Specifications; d. Written change orders or orders for minor changes in the Work issued after execution of this Agreement; e. Public Works Terms and Conditions; f. Insurance and Bonding Requirernents (unless bonding is waived); arrd Citt, o.[Port Orc'hurd and Legacl, Po*er Svstems, LLC Puhlic l4lorks Pro.iect No. PW2020-018 Snnll ll/orks Contract No. C078-20 Page I of 14 Rev 619120 g. The bid proposal subnritted by the Contractor, except rvhen inconsistent with Contract Documents a-1. The intent of the Contract Docurnents is to include all iterns necessary fur the proper execution and cotnpletion of the Work by the Contractor. These Contract Documents complement ear:h other in desoribing a complete work. Any requirement in one document binds as if stated irr all. The Colrtractor shall provide any work or materials clearly irnplied in the Contract even if the Contract does not mentiorr it specifically. 2. Date of Commencemenf and Substantial Completion Date. The date of cornmencement shall be October l2!!-2O20 . The Contractor shall substantially colnplete the Work not later than Nayeqber 30$. 2020 , snbject to adjustrnent by change otder. 3. The Contractor shall do all work and fumish all tools, materials, and equipment in accordance with the above descdbed Construction Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort whatsoever that may be required lor the transfer of materials and fbr constructing and completing of the work provided for in these Construction Contlact Documents, except those iterns mentioned therein to be furnished by the City. 4. Subject to additions and deductions by change ordero the construction Contract Surn is the base bid amount of $7.286.54 (applicable sales tax included). The construction Contract Sum shall include all items and services necessary tbr the proper execution and completion of the rvork. The City hereby promises and agrees with the Contractor to employ, and does employ thc Contractor to provide the materials and to tlo and cause to be clone the work described in the Constntction Clontraci Docunents and to complete and finish the same according to the plans and specifications and the terms and conditions herein contained; and hereby contracts to pay for the same at the tirne and in the manner and upon the conditions provided for in this Contract, 5. The Contractor agrees to comply with all state and federal laws relating to the ernploynent of labor and wage rates to be paid, including prevailing wage if applicable. The Contmcror agrees to furnish insurance of the types and in the amounts set forth in the Conshuction Contl'act Documents. 6. The Contractor agrees to repair and replace allproperty of the City and all property of others damaged by himself, his employees, and sub-contractors. 7. The Contractor for himself and for his heirs, executors, adrninistl'alors, successors, and assigns, does hereby agree to the full performance of all the covenants herein upon the part of the Contractor. 8. 11 is fur"ther provided that no liability shall attach to the City of Port Orchard by reason of entering into this Construction Contract, except as expressly provided herein. Cit.t, of Port Orchard and Legacy Power S.ystents, LLC Pttblic Works Prugect No. PW2020-018 Small I'l/orks Contract No. C078-20 Page 2 of 14 Rev 6/9/20 9. Title VI The City of Porl Orchard, in accordance with litle VI of the Clivil Rights Aqr of 1964,78 Stat. 2.52, 42 IJ.S.C. 2000d to 2000d-4 and l'itle 49, Code of Federal Regulations, Department of il'ransporratiou subtitle A, Office of the Secretary, Parl 21, nondiscrirnination in federally assisted prograrns of the Depaflnent of 'l'ransportation issued pursuant to sucl'r Act, urust affirmatively insure that its contracts cornply with these regulations. Therelbre, during tlre perfonnance of this Agreernent. the Clontractor, for itself. its assignees, and successors in interest agrees as follows: l. Compliance with Regulations; T'he Clontractor will comply with the Acts and the Regulations relative to Nurdiscrirnination in Federally-assisted plograms of the U.S. Deparhnent of Transportation, Federal llighway Administration (FHWA), as they may be anended ffom time to tirne, which arc herein incorporated by reference and urade a part of this Agreernent. 2. Nondiscrimination: J'he Contractor, with regard to the work perflonned by it during this Agreetnent, will nol discriminate on the grounds of race, color, national origin, sex, age, disabiiity, incorne-level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equiprnent. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by th.is reference, including ernployurent practices when this Agteentent covers any activity, project. or progratn set forth in Appendix B of 49 Cl.F.R. part 2l. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equlpment: In all solicitations, either by competitive bidding, or negotiation nrade by the Contractor for work to be perfonned under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notificd by the Contraclor of the Contractor's obligations under this Agreernent and the Acts and the Regulations relative to Non-discrinrination on the grounds ofrace, color, national origin, sex, age, disability, inconre-level, or LEP. 4. Information and Reports: The Contractor will provide all infonnation aud reports requirecl by the Acts, the Regulations and directives issued pursuant thereto and will permit access to ils books, records, accounts, other sources ofinfonnatiorr, and its facilities as lnay be detennined by the City or the FHWA to be pefiinent lo ascertain cornpliance with such Acts, Regulations, and instructions. Wltere any information required ol'the Contractor is in the exclusive possession of another who fails or refuses to fumislr the infonrration, the Contractor will so certify to the City or the FllWA, as appropriate, and will set forth what efforts it has nrade to obtain the infornratinn. 5. Sanctions for Noncompliance: In the event of the Contractor's noncornpliance with the Non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FI{WA may detenrrine to be appropriate, including, but not liurited to: l. withholding paylnents to the Contractol under the Agreenrent until the contractor cornplies; and/or 2. cancelling, terminating, or suspending the Agreement, ilt whole or in part. Cin, o.f Port Orchard and Legac.v Pov'er S1'stems, LLC Public Works Project No. PIY2020-018 Small ll'orks Conlract No. C078-20 Page 3 of l4 Rev 6/9120 6.Incorporaiion of Provisionsl The Cotttractor rvill include lhe provisions ol'paragraphs one through six in every subcontract, including procuretnenls ofnraterials and leases ofequipmelt, unless exentpt by the Acts. the Regulations arrd direclives issued pursuanl thereto, Thc Contractor will take action with respecl to any subcontract or procurelnent as the Ciry or the FHWA may direct as a lllealls of enfbrcing such provisions including sanctions for noncornpliance. provided. that if the Contractor becou:es involved in, or is threatened rvith litigation by a subcontractor, of supplier because of such direction, the Contractor nray request the City to enter iilto any litigation to protect the intercsts of the City, In addition, the Contractor may request the United States to enter into the litigation to protect the iuterests of thc Unired States. IN WITNESS WHEREOF, thc pafties heteto hnve caused this contract to be duly executed on the date first written above. CITY OF PORT ORCHARD CONTRACTOR ete- Roberr Putannsuu, Mayor Lundin ATTEST/AUTHENTICATE: Rinearson. MMC, City Clerk APPROVED AS TO FORM Charlotte A.Attomey RPO DivisionIts: t'a$ s EAL Cil.1t 17.f por, Otchard and Lcgoc,y Pover Systents, LLC Puhlic Works Pnleet Nct. PW2020-018 Snall lltorks Conh'oc! No- C078-20 Page 4 of 14 Rev 6/9i20 CERTIFICATE AS TO CORPORATE PRINCIPAL Corporate Seal Corp. offi Va.,x cer signature (nol contract signer) D^lo,u^u' Priqted /\ t nF, Title State of ) County of hArce, ) r\ sworn,and says that ls of City o.f Port Orchard and Legac.y Powcr Systens, LLC Public Works Proiect No. PW2020-018 Snall lVorks Contract No. C078-20 (corporulc officer (nol contracl signer)) being (Corporate Title) of Corporation) subscrib:rlandsworntobeforernethis \dt dayorOcfuL:err,201-L)_ gnafure) \ Notary Public (Print) My oommission Page 5 of 14 P.ev 6/9/20 CITY OF PORTORCHARD PUBLIC WORK PROJECT TERMS AND CONDITIONS The following tenrs ancl conclitions shall be used in conjunction with the Standard Specilications for Road. Bridge and Municipal Construction, 201 8 edition, together with the APWA Supplernent (Section l-99), as issued by the Washington State Departn:ent of Transporlation and American Public Works Association, Washington State Chapter, hereinaller ref'erued to as the "standard specifications". The standard specifications, except as they may be modified or superseded by these provisions. shall govem all phases of work under this Contract. and they are by reference made an integral paft of these specifications and Contract as if herein tully set forth. When the provisions of the standard specification conl'licl with the temrs and conditions as contained herein. the temrs and conditions shall prevail. L BID PRICE: The bid price(s) shall include all necessary penrrits, fees and iterns of labor, material, equiprnent, tools, overhead and compensation, supplies, taxes, utilities and other incidentals necessary to complete the work in a lully functional and operational state. All prices including bid prices are in US funds. 2. DEFINITIONS: The tentt "City'' means Poft Orchard, Washington.'osuccessful bidder" means the apparent lowest and best responsible bidder to whom an award is made, and "Clontractor" means the successful bidder who has satisfred the requirements for the award and who receives a contract executed by the City. "Bidder" means the person. firm or corporation that has nrade an offer in response to the invitation to bid, "Work" ffleans the construction and services required by the Corrtract Documents, whether cornpleted or pafiially completed, and includes all other labor", materials, equipment and servicss provided or to be provided by the Contractor to fulfill the Contractor' s obl igations. 3. LICENSING AND REGISTRATION: The Contractor must have a Washington State certificate of registration per chapter 18.27 RCW; a cun'ent state unified business identifier number; and if applicable, industrial insurance coverage for the bidder's ernployees working in Washington, an Employment Security Depatlment number, and a state excise tax registration nurnber. In addition, the bidder must not be disqualified from bidding on any public works contracts under RCW 39.06.01 0 or 3e. 12.065(3). 4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law. Bidders are warned to take into consideration statutc,ry legal requirements, particularly, the payment of prevailing wages and fringe benefits, payment and perlbmance bonds (unless waived) and sales tax implications in rnaking their bids. It is the sole responsibility of the bidder to insure that the appropriate labor classification(s) are identified and that the applicable wage and benefit rates are taken into consideration when preparing their bid according to these specifications. The Contractor shall complete and file State of Washington, Department of Labor & Industries, Statement of Intent to Pay Prevailing Wagcs and Affidavit of Wages Paid fonns and shall familiarize itself with their requirements. The Contractor shall also be responsible for and pay all costs pertaining to the processing of these fonns. 5. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in the Attachnrent entitled "lnsurance Requirements." 6. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents will be by written addenda only. Cih, of Port Orc:hard and Legacy Poy,er S-t'stems, LLC Public l|orks Proiect No, PIY2020-018 Sntall lVorks Contract No. C078-20 Rev 619120 Page 6 of l4 7' PROJEC'I COMPLIANCE: Iu compliance with the request for quotation, Bidcier hereby ploposes to perlbrm all work for this projcct in strict accorciance with the Contract Documents. at the Conlract Sum, and within the time set lorth herein vvith the unclerstanding thal tiure is of the essence in the perforrnallce ol'this Contract. 8.'I'AXES: Proposals_shall include all applicable taxes except sales tax which is a separate bid item. It shall be the Bidder's responsibility to fumish Fecleral Excise Tax Exernption Ceftificate, when applicable. 9' ERROR lN EX'IENSION: lJnit price, when used, shall govern in case of extension error. 10. PERMITS AND FEES: The Contractor shall fumish all pennits, inspection fees, and fees required in the perfonnalrce of this Contract, including those chargecl undbr RCW 3q. 0.070 by the Department of Labor and Industries for the approval of staternents of intent to pay prevailing wages and the cerlification of affidavits of wages paid, etc. The Deparlment may also-cirarge feei to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The contractor is responsible for all fees resulting from these statutes. I l. CONTRACT: The Contract, when properly signed, will be the only fomr that will be recognized by the City as an awatd. T'he executed Contract supersedes all previous communications and negotiations, except as referenced herein, and constitutes the entire agreement between the City and Contractor (parties). except as provided herein. The Contractor shall not make any changes, alterations, or variations in the tenns of the Contract without the written consent of thE City. No tenns stated by the Bidder in its proposal shall be binding on the City unless accepted in wdting by the City. The successful bidder may not assign the Contract resulting fiom this invitation to bid without the City's prior writlen consent. No waiver by the City of a breach of any provision of the tenns ancl conditions outlined in the invitation to bid shall constitute a waive r of any other breach of such provision or of any other pr ovisions. 12. CHANGE ORDERS: If the City or the Contractor requests a change in the Work, or either party believes that a change is necessary, then the parties shall comply with the following procedure to document and reflect a change in the Work: (a) The party requesting the change shali write a description of the change and give the description to the other party (the "bhange Notice"): (b) Before proceeding with the change in Work, unless otherwise excused by ernergency, the Contractor shall provide the City with a fixed-price written estimate of the cost and tiine iinpactof the change in Work; and (c) The City and the Contractor shall execute a Change Oi.Oer confrnning their agreement as to the change in Work, the fixed-price cost, and the extenslon of the Substantial Completion Date, if any. If the change irr Work cannot be performed on a frxed-price basis, the change order shall identify the agreed method of compensation. 13. CHANGE DIRECTIVES: A "Change Directive" is a written order signed by the City, directing a change in the Work prior to agreement on adjustrnent, if any, in the Contiact Sum or Substantial Completion Date, or both. Tho City may by Change Directive, without invalidaring the Contract, order changes in the Work within 1he general scope of the Contract consisting of additions, deletions or other revisions. the Contract Sum and Substantial Cornpletion Date being adjusted accordingly. A Change Directive shall only be used in the absence of iotal agreement on the terms of a Change Order. Upon receipt of a Change Directive, the Contractor shall prornptly proceed with the change in the Work and advise the City of its agreernent or clisagreement with the proposed method for detennining the proposed adjustment in the Contr.aci Sum and/or Substantial Completion Date, if any, provided in the Change Directive. A Change Directive signed by the Contractor indicates agreemenl with all tetms set forth in the Change Directive. Such agreement shall be effective irnmediately and shall be rrcorded as soon as practical with a Change (i7.1t 7s/'Port Orchard and Legacy Power Svstcns, LLC Public Ytiorks Prrsjecl No. PIt2020-018 SnallLYork.sCotttraclNo'C078-20Page7of14Rev619120 Oder. If the par"ties are unable to agree on an adjustment to the Contract Surn and/or Substantial Completion Date, il'any, then eithcr party may subrnit the matter for determination in accordance with Section 2l . 14. MINOR CHANGES lN THF, WORK: The City shall have the authority to order minor cltanges in the Work not involving adjustment in the Contract Sum or extension of the Substantial Completion Date and not inconsistent with the Contract documents. The Contractor shall prornptly cany out such written orders fcrr minor changes in the Work. 15. COMPLIANCE WIT'H LAWS AND REGLiLATIONS: The Contractor rvarrants full compliance with all applicable local, state or federal laws and regulations and agrees to indemnify and def'end the City against any loss, cost, liability or damage, irrcluding reasonable attorney's f'ees, by reason of successful bidder's violation of this paragmph, 16. TNDEMNIFICATION: All seruices to be rendered or perforrned under this Contract will be rendered or perfbnned entirely at the Contractor's orvn risk.'I'he Contractor slrall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless fi'om any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Contract, except fol injuries and damages caused by the sole negligence of the City. Should a courl of competent jurisdiction determine that this Contract is subject to RCW 4.24,115, then, in the event of liability for damages arising out of bodily injury to persons or damages to prcpeny caused by or resulting frorn the concurrent negligence of the Contractor and the City, its officers, of'ficials, employees and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY LINDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITU'|ES THE CONI-RAC]TOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 5I RCW, SOLELY FOR THE PURPOSES OF'IHIS INDEMNIFICATION. THIS WAIVER HAS BEEN MUTUALLY NECOTIATED BY THE PARTIES. The provisions of this section shall survive the expiration or tennination ol'this Contract. I7. TERMINATION: This Contract may be tenninated in whole or in par-r, without penalty, under the following conditions: I ) by mutual writlen agreement; 2) by the City frrr breach by the Contractor of any of the obligations or requirements set forth in fhe Contract Documenls which would, at the option of the City, require the Contractor to assume liability for any and all damages, including the excess of re-procuring sirnilar products or services; 3) for convenience of the City; or 4) by the City for non-appropriation of funds. 18. TERMINATION BY THE CITY WITHOUT CAUSE: Notwithstanding any other provisions contained herein, the City, without cause, may terminate the Contract between the parties by providing notice to the Contractor. Upon termination under this section: l) All rernaining obligations of the parties are discharged, but any right based upon breach or perlbnnance occuring prior to tennination survives; 2) If the reasonable costs of perfbrrnance incurred by the Contractor prior to termination exceed the amount paid by the City to tlie Contractor on the Contract Sum, the City shall reimburse the Contractor in the amount of such excess; 3) I1'the amount paid by the City to the Contractor on the Contract Sum exceeds the reasonable costs of perfomrance incuned by the Contractor prior to termination, the Contmctor shall reimburse the City in the amount of such excess; and 4) Any f'unds obtained or retained by the Contractor as provided in subsections 2) or 3), above. shall constitute full payrnent and consideration for the services perfonned by the Contractor prior to temrination. Cit.1t o.1'pur, Orchard ancl Legoc.t, Pon,er Systents, LLC Public lfttrks Project No. Pllt2020-018 Snnll ll/orks Contract No. C078-20 Page 8 of 14 Rev 6/9/20 19. COMPLIANCE WITH TERMS: The City rnay at any lime insist upon strict compliance with these Lerms and conditit)lts, not withstanding any previous custoll-I, pr.actice. or course ol'dealing to the contrary. 20. PAYMENT: Contractor shall tnaintain time and expense records and provicle them to the City along with rxonthly invoices in a frrrmat acceptable to the City fior work perfonrrecl to the date of the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If the setvices renderecl to not meet the requirements of the Contmct, Corrtractor will con.ect or modify the work to conrply with the Contract. City rnay withhold payment for such work ultil the rvork meets the requiremcnts of the Contract. 2l . RETAINAGE: Unless the City waives the retainage requiremenr, the City shall, pursuant to the requirements of RCW 60.28.011, retain five percent (5%) of the monies eamed under this Contract, which shall be maintained by the City according to the Contractor's requested nrethod.22. DISPUTE RESOLUTION: ln the event there is a dispute between the parties, the parlies agree to resolve that dispute in the following manner: (a) The parties shall attempt in good faith to resolve any dispute promptly tluough negotiation. Either party may give the oiher party written notice that a dispute exists (a "Notice of Dispute"). The Notice of Dispute shall include a statement of such pafty's position, Within ten ( I 0) days of the delivery of the Notice of Dispute, rhe parlies shall meet at a tnutually acceptable time and place and attempt to resolve the dispute; (Ui tf the parties ate unable to resolve the dispule, they may elect to submit the dispute to rnediation. The cost of the mediation shall be bome equally by the parties, The mediator shall be selected by the mutual agreelnent ol'the parties; (c) If the rnediation does not result in a settlement of the clispute, the dispute shall be settled by binding arbitration by the Juclicial Arbitration and Mediation Services (".lAMS") in accordance with the then operative construction rules of JAMS. The parties may select an arbitratorby mutual agreement, orif unable to agree, thearbitratorwill be selected pursuant to the rules of .IAMS. The parties shallbe bound by the decision of such arbitrator. The arbitration shall be conducted in Kitsap County, Washington; provided, if JAMS is unable to conduct the arbitration in Kitsap County. then the arbitration shall be held in such location as the parties may agree after consulting with JAMS. 23. WARRANTY: Contractor shall provide a orle (l) ycar wan'anty for the work and improt'ements installed by Contractor pursuant to the Contract, subject to the following terms and conditions: Contractor agrees that the work and improvements installed pursuant to the Contract slrall remain free fi'om defects in material, workmanship and installation (or, in the case of landscaping, shall suwive,) for a period of trvelve (12) rnonths after written and final acceptance of the same and approval by the City. Maintenance is defined as acts carried out to prevent a decline. lapse or cessation of the state of the project or improvements as accepted by the City during the twelve (12) month period after final and written acceptance, and includes, but is not lirnited to, repair or replacement of defective workmanship, materials or installations. Contractor shall, at its sole cost and expense. carefully replace and/or repair any damage or defbcts in workmanship, rnatedals or installation to the City-owned real property on which improvements have been installed, and leave the same in as good condition as it was before comrnence*ent of the work. City and Contractor agree that in the event any o1'the improvements or restoration work installed or completed by Contractor pursuant to the Contract fail to rerrrain free fi'om defects in matedals, workmatrship or installation (or in the case of landscaping, failto survive), lbr a period of fwelve ( l2) months from the date of approval/acceptance of the work by the City, Contractor shall repair and/replace the same within ten (10) days of demand by the City, and if Contractor should fail to do so, then Contractor shall: Cit.t,o.{Port Orchard and Leryacy Power S1)sten,s, LLC Public lVorks Pxtject No, PW2020-018 Snwll l{orks Contact No. C078-20 Rev 6/9/20 I,age 9 of l4 within twenry (20) days ol'demand ol'the city, make wdtten commitment to flre City that it will either': remedy the default itsel{'r.vith reasonable diligence pumuarlt to a time schedule acceptable to the City; or b)tender to the city within an additional ten ( l0) days the amount necessary, as detennined by the City, for the City to remedy the default. In the event Contractor fails to make repairs or provide maintenance within the time period rcquested by the City. then the City, its ernployees and agents shall liave the right at the City's sole election to enter onto said property described above for the purpose of repairing or maintaining the improvements. This provision shall not be consttued as cleating an obligation on the part of the City or its representatives to repair or maintain such improvements, Any con'ections required by the City shall be commenced within ten (10) days of notification by the City and completed within thifty (30) days of the date of notification. If the work is not performed in a timely lnanner, the City shall have the right, without recourse to legal action, to take such action as described above. No change, extension of time, alteration or additiorr to the work to be performed by Contractor shall affect the obligations of Contractor under this wananfy. In addition, Contractor shall perform a walk-through with City representative(s) one ( l) year after hnal acceptance of the project to detennine if any repairs or maintenance for detbctive workmanship, materials, or installations is required. lf so, such repairs and maintenance will be undertaken by Contractor pursuant to the timeline and procedures described above. Citv of Port Orchard und Legacv Pawer Sy.stents, LLC Public ll/ork.s ho.iect No. PW2020-018 Snall lVorkt Contract No. C078-20 a), 2 Page l0 ol t4 Rev 619/20 CITY OF PORT ORCI{ARD INSURANCE REQUIREMENTS The Contt'actor shall procure and maintain fbr the duration of the Contract with the City, insurance against claitns fbr injuries to persons or damage to prollerly which may arise llom or in connection with the performance of the rvork hereunder by the Contraotor, their agents, representatives, employees and subcontractors. No Lirnitation. The Cotrtractor's nraintenance of insurance, its scope of coverage and linrits as requiled herein shall not be construed to liniit the liability of the Contractor to the coverage provided by strclr ilrsurance, or otherwise limit the City's recourse to any rernedy available at law or in equity. Minimum Scope of lnsurance. Tlie Contractor shall obtain insurance of the types described below Autornctbile Liuhilitv insurance covering allowned, non-owned, hired and leased vehicles, Coverage shallbe wdtten on Insurance Services Office (ISO) fonn CA 00 0l or a substitute fonn providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Comntercial General Liubility insurance shall be written on ISO occurrence fbnn CG 000l and shall cover liability arising fi'om premises, operations, stop gap liability, independent contractors, products-completed operations, personal injury and advertising injury and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CC 25 03 I I 85 or an equivalent endorsement. There shall be no endorsement or rnodification of the Commercial General Liability Insurance fbr liability arising fiorn explosion, collapse or underground propefiy damage. The City shall be named by endorsement as an additional insured under the Contractor's Commercial Ceneral Liability insurance policy with respect to the work perlbrmed for the City using ISO Additional lnsured endorsement CG or substitute endorsenrents providing equivalent coverage. a a a Workers' C'onrpensaliar coverage as required by the Industrial Insurance laws of the State of Washington, o Bnilders Rlsfr insurance covering interests of the City, the Contractor, Subcontractors, and Sub-subcontractors in the wor"k. Builders Risk insurance shall be on an all-risk policy fonn and shall insurc against the perils of fire and extended coverage and physical loss or darnage including flood, earthquake, theft, vandalism, malicious mischief, collapse, temporaty buildings and debris removal. The Builders Risk insurance covedng the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor". Higher deductibles for' flood and earthquake perils may be accepted by the City upon written request by the Contractor and wriften acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk itrsurance shall be rnaintained until final acceptance of the work by the City. Cit1, of Porl Orchurd and l,eguc.t' Pov,er S)tstcns. LLC Public llorks Proiect No. PW2020-018 Sntall llorks Contrttc:t No. C078-20 Rev 6/9/20 I'age l1 of 14 Minimum Amounts ol'lnsurance, The Contractor shall maintain the following insurance limits: Automobile Liabilityt insurance with a minimum comtrined single limit fbr.bodily inju,y and property darrage of $ I ,000.000 per accident, a a a Emplol,ey',r Liabilit.tt insurance limit o1' $ 1,000,000 each accirlent. Enrplt"ryer's Liability Disease each etnplo)'ce $1,000.000 and Enrployer's l-iabiliry Discase * Policy limit $ r ,000.000. Crnnmercial General Liahilitv insurance shall be written with limits no less than $1,000,000 each occurrence, 92,000"000 general aggregate and a $2,000,000 proclucts- completed operations aggregate limit. Builders Risfr insurance shall be written in the amount of the completed value of the project with no coinsurance provisions. a Other lnsurance Provisions. J'he Contractor's Automobile l,iability. Commercial Ceneral Liability and Builders Risk insurance policies are to contain or be endorsed to contain that they shall be primary insurance as respects the City. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 11'any coverage is written on a "claims nrade" basis, then a minimum of three (3) year extended reporting period shall be included with the claims nrade policy, and proof of this extended reporting period provided by the City. Contractor's lnsurance for Other Losses. The Contractor shall assume full responsibility for all loss or damage from any cause whatsoevel' to any tools, including but not lirnited to the Contractor's employee-owned tools, machinery, equipment or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as any temporary structures, scat'fti ld ing and protective fences. W-aiver of Subrogatjon. The Contractor waives all rights against the City, any of its Subcontractors, Sub-subcontractors, agents and ernployees, fbr damages caused by fire or other perils to the extent covercd by Builders Risk insurance or other property insurance obtained pursuant to this Insurance Requirements Section of the Contract or other property insurance applicable to the work. The Contractor's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintainecl by the City. The City r.vill not waive its right to subrogation against the Contractor. The Contractor's insurance shall be endorsed acknowledging that the City will not waive its right to subrogation. Acceptability ofl Insurers. Insurance is to be placed with insurers with a cument A.M. Best rating of not less than A:VII and licensed to do busirress in the State of Washington. The City reserves the right to approve or reject the insurance provided, based on the insurer's financial condition. Verification of 9overage. The Contractor shall fumish the City rvith original certificates ancl a copy of the amendatory endorcements. including but not necessadly limited to the additional Cit.y o/'Port Orc'hard and Legacl, Power S-vstents, Ll,C Puhlic LYorks Proiect No. PII/2020-018 Snull ll4trks Contract No. C078-20 Rev 6/9/20 Page l2 of 14 insured endorsement, evidencing the Autornobile Liability and Commercial General Liability insurance of the Clontractor belbre conlmencement of the work. Befbre any exposure to loss may occur, the Contractor shall file with the City a copy ol'the Builders Risk insurance policy that includes all applicable conditions, exclusions. definitions, terms ancl endorsen'lents relaled to this project. Subcontractors. Contractor shall ensure that each subcontractor, sub-subcontractors, agents and employees of every tier obtain at a minimum the sarne insurance coverage and lirnits as stated herein fbr the Contractor (with the exception of Builders Risk insurance). Upon request the City, the Contractor shall provide evidence of such insurance. Notice of Cancellation. The Contractor shall provide the Ciry and all Additional Insurecls for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. Failure to Maintain Insurance. The insurance required by this Section will not be cancelecl, materially changed or altered without forly-tive (45) days prior written notice submitted to the City. Failure on the part of the Contractor to maintain insurance as requirecl shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Contractor to correct the breach. immediately temrinate the Contract. or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. Citv of Port Orchard and Legucl, Power Systens, LLC Public IVorks Prc;ject No. PW2020-018 Sntull llorkl; Contract No. C078-20 Page 13 of 14 Rev 6/9120 ,\l'l)l,l\l)l\ ,\ l)ririrlg llte 1rt't'liis'111nrtcrt ()f'tllis,,\gtcurrcrrl. llrc ('orttractor'. {ir; ilsc}1. it:; irs;l;igtrcr,:s" 1r.r(i su(ccssors ir} lirnitcd to: Pt'rtinenl Non-Discrinrina{ion Aulhoritics: r 'l'itl('Vlol'the Llivil ltiglrrs Ac{oi'lr)64 (421i .S.C. $ 2000d er seq., ?[i srat. 2-52), (pr.9hi5irs cliscrinrinatiolr ou tlre basis rtf racc. color, nalitural or.igirr): aud 4t) C'.1;.R. part 21,n 'l'hc Urrilil'nr llelocation Assrstancc and ltcal Pnrperty Accluisitiorr Policies Act ol'lg:.0,{42 tl.S'C' s\ 460 l). (prohibits unlair trcatrrrellt ol'l)clsons clisplacecl tlr u,llose pr.operty lras treen acquiled trccause of Feder.al or. l;cclcral-aid pl'ogratns anil llrof ects); ' [;edct'al-Aid llighv'ay i\ct of lc)73, (23 t,,.S.C]. g,12;1 el scc1.), (1>rohibirs discrinrinatior.! on rlre hasis ol'scx);. Secliott 504 crl'thc Rclrabilitatiol Ao of'lq7l. (29 tJ.S.('. rs 794 el sery.). as antcudc(i. (prohihits cliscrinrinatirirr orr the Lrasis o1'di:;airility); iltrd 4q Cl.[.R. lrar.t 27; ' l-hc Age Disclintinafion Act of'197-5, as arneuclcd. (-12 Ll ,S.C. N 6l0l cl seq.), (prohibirs discrinrinatit"lu orr {lre [rasis olage)t. Air-port arrd Airrvav lrnproveurerrl Acl of 1982. (49 tJS('$ 47 l, Scction 4'1 123\,as anrenclcd. lltrohrbits discrirttirratiott basetl olr racc, creed. coklr', national origin. or.sex); ' -l'hc Civil Righrs I{eslot'ation Act o1'1987, (PI" 100-209). (13roaclcrred the scopc, Lr()\,erage ald applicability oI"l'itle Vl ol'tlrc Cir il Ilights Act of lc)6:1. 't'he Agc I)iscrirninalion Act oi' lg75 and Sectiorr 504 ol'tlrc llehabililit{iott Act o1'1973, bv expanding lhe definitior) ol'thc fernrs "pro.Jrapls or activities" to irrclrrde all ol'the progranis or activities ol'thc frcdcral-aid recipierrts, sub- recipiclrts atrd cotttt'aclors, u,hether suclr prrrgrarns or acti\/ities arc Feclerally furrdecl ol.nol); ' 'l'illes Il arrcl Ill ol'tlte Atnericrarrs rvith Drsabilities Act. rvlrich prohibit discrirnirratiotr on lhe basis of disatrility irt thc operaticltt t'riputrlic enlities. public and privale tlansportatiou systcrns, places ol'public accortttnodaliou^ ancl cerlain teslirrg cntities (42 U.S.C'. Sg l2l-ll-12189) as inlllletttenlecl by Departrnenl ol1'r'ansportatitu regulaliorrs at 49 (l.lr.tt. palts -37 an{ 38:n 'l'hc Pedcral Aviation Adrninistratiorr's Norr-discrirrrination statute (49 U.S.C. ss 47123) (prohibits discrinrina(it)n olr thc basis cl{'rnce^ color, rlrtiorral origin, ancl sex); ' Ilxecutivc Ordcr l289lt. Federal ;\ctions (o A<ldress Finvironnrcnral .lustjce irr Minority Ilolrtrlations attd i.on lttconre Popula{iorrs, ri,hich ell.qurrrs cliscrilrrinaliou against rpilor-ily populatiorts bv discorrragittg ploglatrs. policies. and aclivities with displopurtiorrately lrigh auti adl'crse httrtratt health ot ertvitonrrrcrrtal cfl'ects ol rninorily and lou-incunre popr-rlations:r Executive ()rdel 1.1 l6(r, hnproving Acccss to Services ltx'Pcrsons r.vitlr l.ilnitecl English f)rollciurc:y. arrtl lesulting agency gu:idancc, national origin riiscriminatitu inclucles discr.inrinatiou bccausc o1'lirlited Lingli.sh prolicicncy (l.l.jP).'l'o cnsure corrrpliancc with'l'itle Vl, you rnust take reasoltable steps to -eltstlre tlrat Ltjl'}persons havc rncaningful access {o your pl.ograpls (70 Fed, I{cg. ar 74087 to 74 I 00)tI l'itlc lX ol'thc [:rducatiort Anrettcilrtcrrts <t{'1t)72. trs nnrenderl. rvhich pr.clhiirits you fiorrr discritninatingbccauseof scxirreclucatiorrprogrilu)solactivi{ies{20 l.i.S.C. l6lllctsetl). Cit.1' o7 por, Orchurd and Legacv Power Ststems, LLC Puhlic llo*s Project No, PW2020-018 Snall l{orks Contract Nr:. C078-20 Page 14 of 14 Rev 6/9/20 I Lffi*,ffie, y Power Sysfems A Division of Legacy Telecommurications, LLC. October 7, 2020 City of Port Orchard ATTN. Tim Johnson c.360-535-2473 SUBJ. Ernergency Generator Troubleshoot SCOPE: Replace Existing ATS 800amp ATS w/ a new 200 Amp ATS QUOTE: Labor will be billed at prevailing wage rates. Permit....,., TOTAL....... 5 143.50 # go,684.eo .l-{0/. A{ = lax rrw! This quote does not include applicable taxes and fees, NOTE: Site has existing 100amp servlce. The existing ATS is oversized at 800amps, Regards, Ryan Lundin Power Systems Division Manager 253-858-0214 Llu nd irr @lt e,r ( vt.)llyvq!.(pn i