057-20 - Advanced Diving Services, Inc. - ContractCITY OF PORT ORCHARD SMALL WORKS UNDER 35K
CONSTRUCTION CONTRACT NO. CO57-20
PUBLIC WORKS PROJECT NO.2O2O.OO8
'l'HlS Agreement is made effective as of the 23'd day of June, 2020,by and between
ctTy oF poRT ORCr{ARD, WASIIINGTON ("CITY")
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.8959029
and
Advanced Diving Services. Inc_ ("CONTRACTOR,)
2948 E Badser
New H .UT84 7
Contact: JamesNilsson Phone: 866.237.3483 Email: info@advanceddiving.com
for the following Project
2020 In-Service cleaning and Inspection of Potable water storage Tanks
Utilizing Commercial Divers
("PROJECT")
The City and Contractor agree as follows
1. Contract Documents. The Contractor shall complete the Work described in the Contract
Documents for the Project. The following documents are collectively referred to as the
"Contract Documents":
a. This Agreement signed by the City and the Contractor;
b. Division I of WSDOT Standard Specifications for Road, Bridge and Municipal
Construction, 2018 edition, together with APWA Supplement (l-99), subject to specific
provisions contained within the Public Works'l'erms 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 Requirements (unless bonding is waived); and
City of Port Orchard and Advunced Diving Services, Inc
Public Works Project No. PW2020-008
Small Works Contract No. C057-20
Page I of 14
Rev 6/9/2020
g. The bid proposal submitted by the Contractor, except when inoonsistent with Contract
Documents a-f.
The intent of the Contract Documents is to include all items necessary for the proper execution
and completion ofthe Work by the Contractor. These Contract Documents complement each other
in describing acomplete work. Any requirement in one document binds as if stated in all. The
Contractor 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 June 23'd.2020 The Contractor shall substantially complete the Work not later
than Ausust 31't" 2020, subject to adjustment by change order.
3. The Contractor shall do all work and furnish all tools, materials, and equipment in accordance
with the above described Construction Contract Documents. The Contractor shall provide and
bear the expense oflall equipment, work, and labor of any sort whatsoever that may be required
forthe transfer of materials and for constructing and completing of the work provided for in
these Construction Contraot Doouments, except those items mentioned therein to be furnished
by the City.
4. Subject to additions and deductions by change order, the construction Contract Sum is the base
bid amount of $13.539.98 (applicable sales tax included). 'lhe construction Contract Sum
shall include all items and services necessary for the proper execution and completion of the
work. The City hereby promises and agrees with the Contractor to cmploy, and does employ
the Conractor to provide the materials and to do and cause to be done the work 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 time and in the manner and upon the conditions provided for in this
Contract.
6. The Contractor agrees to repair and replace all property 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, administrators, successors, and assigns,
does hereby agree to the full performance of all the covenants herein upon the paft of the
Contractor.
8. It is further provided that no liability shall attach to the City of Port Orchard by reason of
entering into this Constructiorr Contract, except as expressly provided herein.
City of Port Orchard and Advanced Diving Services, Inc
Public ll/orl<s Project No. PLV2020-008
Small lt/orl<s Conlract No. C057-20
Page 2 of l4
Rev 619/2020
5. The Contractor agrees to comply with all state and federal laws relating to the employment of
labor and wage rates to be paid, including prevailing wage if applicable. The Contractor agrees
to furnish insurance of the types and in the amounts sct forth in the Construction Contract
Documents.
9. Title VI
The City of Port Orchard, in accordance with Tirle 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 Transportation
subtitle A, Office of the Secretary, Part 21, nondiscrirnination in federally assisted programs of the
Department of Transportation issued pursuant to such Acl, must affirmatively insure that its contracts
comply with these regulations.
Therefore, during the performance of this Agreement, the Contractor, for itself, its assignees, and
suocessors in interest agrees as fbllows:
l. Compliance with Regulations: The Contractor will cornply with the Acts and the Regulations
relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of
Transportation, Federal Highway Administration (FHWA), as they may be amended from time to
tirne, 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 this
Agreement, 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, including
procuremcnts of materials and leases of equipment. The Contractor wilI 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 this reference, including employment
practices when this Agreernent covers any activity, project, or program set forth in Appendix B of
49 C.F.R. part21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential sttbcontractor or supplier will be notified by the Contractor of the Contractor's
obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination
on 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 by
the Acts, the Regulations and directives issued pursuant thereto and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined by
the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of the Contractor is in the exclusive possession of
another who fails or refuses to furnish the information, the Contractor will so certify to the City or
the 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 or
the FHWA may determine to be appropriate. including, but not limited to:
1. withholding payments to the Contractor under the Agreement until the contractor
complies; and/or
2. cancelling, terminating, or suspending the Agreement, in whole or in part.
City of Port Orchard and Advanced Diving Services, Inc
Public Ll/orl<s Project No. Pll/2020-008
Small Works Conlracl No. C057-20
Page 3 of l4
Rev 619/2020
6. Incorporatioo of Provbions: The Contractor will include tlrc provisions of paragraphs one
through six in every subcontract, irrcluding procurerneflls of maierials and leases ofequipment,
unless exempt by the Actl the Regulations and directivcs issued p,ursuanr thereto. The Contractor
will take action with rqip€ct lo any subcontracl or procurement as thc City or the FHWA may
direct as a means of cnforcing such provisions including sanctions for noncompliance. Provided,
that if the C-onurctor becomes involved in, or is threal€ned with litigation by a subconbactor. or
supplier because of such direction, the Contractor may requ€st the City to errter into any litigation
to protect the interests of ttr City. In addition. the Contractor may reqrEt Ole United Stares io
enter inio the litigation to protsct the interests of the Unit{rd Stat6.
tN WITNESS WHEREOF, the parties hereo have craused this contract to be duly exocuted
on the date first written above-
CIT'Y OI. POR"I ORCHARD CONl'RAC"I'OR
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Robet Putannsuu,
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rttritit
MMC, City Clerk
APPROVED AS TO FORM:
By
Charlofe A. Archer, City Attorney
Cily of Pan Orchard and Advonced Diving &rrices, Inc
Puhlic Wuls Project No PW20201XL1
Strull |lorlq Contract No. C057-20
Pagc 4 of 14
Rsv 6/9/2020
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CERTItr'ICATE AS TO CORPORATE PRINCIPAL
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(Corporate Officer (Not Contract Signer))
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of the Contractor, was then (Corporate Title) of said corporation;
that said Agreement rvas duly signed for and in behalf of said corporation by authority of its
governing body, and is within the scope of its corporate powers
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City of Port Orchard and Advanced Diving Services, lnc
Public l{orks Project No. PW2020-008
Small Works Contract No. C057-20
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Nolarv Public - State ol Utah
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My Cornmission ExPires on
BBADLEY TYLER BUL LOCK
Aug 10. 2020
Page 5 of l4
F.ev 61912020
I,
CITY OF PORT ORCHARD
PUBLIC WORK PROJECT TERMS AND CONDITIONS
The following terms and conditions shall be used in conjurrction with the Standard Specifications
for Road, Bridge and Municipal Construction, 2018 edition, together with the APWA Supplement
(Section l-99), as issued by the Washington State Departmcnt of Transportation and American
Public Works Association, Washington State Chapter, hereinafter referred to as the "standard
specifications". J'he standard specifications, except as they may be modified or superseded by
these provisions, shall govern all phases of work underthis Contract, and they are by reference
made an integral part of these specifications and Contract as if herein fully set fofth.
When the provisions of the standard specification conflict with the terms and conditions as
contained herein, the terms and conditions shall prevail.
L BID PRICE: The bid pricc(s) shall include all necessary permits, fees and items of labor,
material, equipment, tools, overhead and compensation, supplies, taxes, utilities and other
incidentals necessary to complete the work in a fully functional and operational state. AII prices
including bid prices are in US lunds.
2. DEFNITIONS: The term "City" means Port Orchard, Washington, "successful bidder" means
the apparent lowcst 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 a
contract executed by the City. "Bidder" means the person, llrm or corporation that has made an
offer in response to the invitation to bid. "Work" means the construction and services required by
the 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 the
Contractor' s obl igations.
3. LICENSING AND REGISTRATION: The Contractor must have a Washington Statc ccrtificate
of registration per chapter 18.27 RCW; a curent state unified business identifier number; and if
applicablc, industrial insurance coverage for the bidder's employees working in Washington, an
Employment 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 RCW
39.06.01 0 or 39. I 2.065(3).
4. PUBLIC WORK REQUIREMENTS: This project constitutes a pubtic work under state law.
Bidders are warned to take into consideration statutory legal requirements, particularly, the
payment of prevailing wages and fringe benefits, paymenl and performance bonds (unless waived)
and sales tax implications in making 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 takcn into consideration when preparing their bid according to these specifications. l'he
Contractor shall complete and file State of Washington, Department of Labor & lndustries,
Statetnent of Intent to Pay Prevailing Wages and Alfidavit of Wages Paid forms and shall
familiarize itself with their requirements. The Contractor shall also bc rcsponsible for and pay all
costs pertaining to the processing of these forms.
5. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in
the Attachment entitled "lnsurance Requirements."
6. RECEIP'I'OI'' ADDENDA: All of'flcial clarifications or interpretations of the bid documents
will be by writterr addenda only.
City of Port Orchard ancl Advanced Diving Services, lnc
Pttblic Works Project No. PLV2020-008
Small lltorks Contract No. C057-20 Rev 61912020
Page 6 of l4
7. PROJECT COMPI.IANCE: ln compliancc with thc request for quotation, Biddcr hcreby
proposes to perfonn all work for this project in strict accordance with the Contract Documents, at
the Contract Sum, and within the time set forth herein with the understanding that time is of the
essence in the performance of this Contract.
8. TAXES: Proposals shall include all applicable taxes except sales tax which is a separate bid
item. It shall be the Bidder's responsibility to furnish Federal Excise Tax Exemption Certificate,
when applicable.
9. ERROR IN EXI'ENSION: Unit price, when used, shall govern in case of extension error.
10. PERMITS AND FEES: The Contractor shall furnish all permits, inspection fees, and fees
required in the performance of this Contract, including those charged under RCW 39.12.070 by
the Department of Labor and Industries for the approval of statements of intent to pay prevailing
wages and the certification of affidavits of wages paid, etc. The Department may also charge f'ees
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 form that will be
recognized by the City as an award. The 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 terms of the Contract without the
written 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 bidder may not assign the Contract
resulting from this invitation to bid without the City's prior written consent. No waiver by the City
of a breach of any provision of the terms and conditions outlined in the invitation to bid shall
constitute 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 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 shall
write a description of the change and give the description to the other party (the "Change Notice");
(b) Before proceeding with the change in Work, unless otherwise excused by emergency, the
Contractor shall provide the City with a fixed-price written estimate of the cost and time impact
of the change in Work; and (c) The City and the Contractor shall execute a Change Order
confirming their agreement as to the change in Work, the fixed-price cost, and the extension of the
SubstantialCompletion Date, if any. If the change in Work cannot be performed on a fixed-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 adjustment, if any, in the Contract Sum or
Substantial Cornpletion Date, or both. The City may by Change Directive, without invalidating the
Contract, order changes in the Work within the general scope of the Contract consisting of
additions, deletions or other revisions, the Contract Sum and Substantial Completion Date being
adjusted accordingly. A Change Directive shall only be used in the absence of total agreemcnt on
the terms of a Change Order. Upon receipt of a Change Directive, the Contractor shall promptly
proceed with the change in the Work and advise the City of its agreement or disagreement with
the proposed method 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 immediately and shall be recorded as soon as practical with a Change
City oJ'Port Orchard and Advanced Diving Services, lnc
Public works Project No. PlY2020-008
Rev 61912020Small ll/orks Contract Ntt C057-20
page 7 of 14
Order. If the parties are unable to agree on an adjustment to the Contract Sum and/or Substantial
Completion Date, if any, then either party may submit the matter for determination in accordance
with Section 2l .
14. MINOR CHANGES IN THE WORK: The City shall have the authority to order minor
changes 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 promptly
carry out such written orders for minor changes in the Work.
15. COMPLIANCII WITH LAWS AND REGULATIONS: The Contractor warrants full
compliance with all applicable local, state or federal laws and regulations and agrees to indemni[y
and defend the City against any loss, cost, liability or damage, including reasonable attorncy's
fees, by reason of succcssfulbidder's violation of this paragraph.
16. INDEMNIFICATION: All services to be rendered orperformed underthis Contract will be
rendered or performed entirely at the Contractor's own risk. The Contractor shall defend,
indemnify and hold the City, its officers, oftlcials, employees and volunteers harmless from any
and all claims, injuries, damages, losses or suits irrcluding attorney fees, arising out of or in
connection with the perfbrmance of this Contract, except for injuries and damages caused by the
sole negligence of the City. Should a court of competent jurisdiction deterrnine that this Contract
is subject to RCW 4.24.115, then, in the event of liability I'or damages arising out of bodily injury
to persons or damages to properly caused by or resulting from the concurrent negligence of the
Contractor and the City, its officers, officials, employees and volunteers, the Contractor's liability
hereunder shall be only to the extent of the Contractor's negligence. IT lS FURTHER
SPECIFICALLY AND EXPRESSLY LINDERSTOOD 'I'HAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITI.JTES THF], CONTRACTOR'S WAIVER OF IMMLINITY
UNDER TNDUSTzuAL INSURANCE, TITLE 5I RCW, SOLELY FOR THE PURPOSES OF
TIIIS 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: l'his Contract may be terminated in whole or in part, without penalty, under
the following conditions: l) by mutual written agreement;2) by the City for breach by the
Contractor of any of the obligations or requirements set forth in the Contract Documents which
would, at the option of the City, require the Contractor to assume liability firr 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 lor non-appropriation of funds.
18. TERMINAT'ION BY THE CITY WITHOUT CAUSE: Notwithstanding any other provisions
contained herein, the City, without cause, rnay terminate the Contract between the parties by
providing notice to the Contractor. Upon termination under this section: l) All remaining
obligations of the parties are discharged, but any right based upon breach or performancc occurring
prior to termination survivcs; 2) If the reasonable costs olperformance 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 the Contractor in the amount of such excess; 3) Ilthe amount paid by the City
to the Contractor on the Contract Sum exceeds the reasonable costs of performance incurcd by
the Contractor prior to termination, thc Contractor shall reimbursc the City in the amount of such
excess; and 4) Any funds obtained or retained by the Contractor as provided in subsections 2) or
3), above, shall constitute full payment and consideration for the services perlormed by the
Contractor prior to termination.
City of Port Orchard and Advanced Diving Services, Inc
Public Ll/orl<s Projecl No. Pllt2020-008
Small l{orks Contract No C057-20
Page I of l4
Rev 61912020
19. COMPLIANCFI WITH TERMS: The City may at any time insist upon strict compliance with
these terms and conditions, not withstanding any prcvious custom, practicc, or course of dealing
to the contrary.
20. PAYMENT: Contractor shalI maintain time and expense records and provide them to the City
along with monthly invoices in a format acceptable to the City for work perfbrmed to the date of
the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoicc. If
the services rendered to not meet the requirements of the Contract, Contractor will correct or
modify the work to comply with the Contract. City may withhold payment for such work untilthe
work meets the requirements of the Contract.
21. RETAINAGE: Unless the City waivcs the retainage requirement, the City shall, pursuant to
the requirements of RCW 60.28.011, retain five percent (5%) of the monies earned under this
Contract, which shall be rnaintained by the City according to the Contractor's requested method.
22. DISPUTE RESOLLJTION: ln the event there is a dispute between the parties, the parties
agree to resolve that dispute in the following manner: (a) The parties shall attempt in good faith to
resolve any dispute promptly through negotiation. Either parly 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 parties
shall meet at a mutually acceptable time and place and attemptto resolve the dispute; (b) If the
parties arc unablc to resolve thc dispute, they may elect to submit the dispute to mediation. The
cost of the mediation shall be borne 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 settled by binding arbitration by the .ludicial Arbitration and Mediation
Services ("JAMS") in accordance with the then operative construction rules of JAMS. Thc partics
may sclect an arbitrator by mutual agreement, or if unable to agree, the arbitrator will be selected
pursuant to the rules of JAMS. The parties shall be bound by the decision of such arbitrator. The
arbitration shall be conducted in Kitsap County, Washington; provided, il'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 one (l) year warranty for the work and
improvements 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
shall remain free from defects in material, workmanship and installation (or, in thc case of
landscaping, shall survive,) for a period of twelve (12) months after written and finalacceptance
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
limited 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 defects in
workmanship, materials 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 commencement of
the work. City and Contractor agree that in thc cvent any of the improvements or restoration work
installed or completed by Contractor pursuant to the Contract fail to remain free from defects in
materials, workmanship or installation (or in the case of landscaping, faiI to survive), for a period
of twelve (12) 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:
City of Porl Orchard ctnd Advanced l)iving Services, Inc
Public Llorks Pro.ject No. Plt/2020-008
Small l|orks Contract No. C057-20 P.ev 61912020
Page 9 of l4
Within twenty (20) days of dernand of the City, make written commitment to the
City that ir will either:
a).remcdy thc dcfault itself with reasonable diligence pursuant to a time schedule
acceptable to the City; or
b).tender to the City within an additional ten ( I 0) days the amount necessary, as
dctcrmined by thc City, fbr the City to rcmedy the default.
In the event Contractor fails to make repairs or provide maintenance within the time
period requested by the City, then the City, its employees and agents shall have the
right at the Ciry's sole election to enter onto said property describcd abovc for thc
purpose of repairing or maintaining 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 corrections required by the City shall be commenced within ten (10) days of notification by the
City and completed within thirty (30) days of the date of notification. If the work is not performed in
a timely manner, 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 addition to the work to be performed by
Contractor shall affect the obligations of Contractor under this wananty. In addition, Contractor shall
perform a walk-through with City representative(s) one (l) year after final acceptance of the project
to determine if any repairs or maintenance for defective workmanship, materials, or installations is
required. If so, such repairs and maintenance will be undertaken by Contractor pursuant to the
timeline and procedures described above.
2
City of Port Orchard and Advanced Diving Services, lnc
Public ll/orks Project No Pl,I/2020-008
Small Works Conlract No. C057-20
Page l0 of l4
Rev 61912020
L
CI'I Y OF PORTORCHARD
INSLIRANCE REQUIREMENTS
The Contractor shall procure and maintain for the duration of the Contract with the City, insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the perfbrmance of the work hereunder by the Contractor, their agents, representatives,
cmployees and subcontractors.
No Limitation. The Contractor's maintenance of insurance, its scope of coverage and limits as
required herein shall not be construed to limit the liability of the Contractor to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at law
or in equity.
Minimum Scope of Insurance. The Contractor shall obtain insurance of the types described below:
Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles.
Coverage shall be written on lnsurance Services Office (lSO) form CA 00 0l or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
Commercial General Liability insurance shall be written on ISO occurrence form CG 00
0l and shall cover liability arising from 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
CG 25 03 I I 85 or an equivalent endorsement. There shall be no endorsement or
modification of the Commercial Ceneral Liability Insurance for liability arising from
explosion, collapse or underground property damage. The City shall be named by
endorsement as an additional insured under the Contractor's Commercial General Liability
insurancc policy with respect to the work performed for thc City using ISO Additional
Insured endorsement CG or substitute endorsements providing equivalent coverage.
a
a
a Workers'Compensation coverage as required by the Industrial Insurance laws of the State
of Washington.
. Builders Rlst insurance covering interests of the City, the Contractor, Subcontractors, and
Sub-subcontractors in the work. Builders Risk insurance shall be on an all-risk policy form
and shall insure against the perils of fire and extended coverage and physical loss or
damage including flood, earlhquake, theft, vandalism, malicious mischief, collapse,
temporary buildings and debris removal. The Builders Risk insurance covering 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 written acceptance by the City. Any
increased deductibles accepted by the City will remain the responsibility of the Contractor.
Thc BLrildcrs Risk insurance shall be maintaincd until final acccptance of the work by the
City.
City of Porl Orchard and Advanced Diving Services, Inc
Public Worl<s Project No. PlY2020-008
Small lltorks Contract No. C057-20 Rev 61912020
Page ll of14
Employer's Liability insurance limit 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. 'fhe Contractor shall maintain the following insurance limits:
Automobile Liabilily insurance with a minimum combined singlc limit for bodily injury
and property damage of $ I ,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.
o Builders Rrsf insurarrce shall be written in the amount of the completed value of the project
with no ooinsurance provisions.
Other Insurance Provisions. The Contractor's Automobile Liability, Commercial General
Liability and Builders Risk insurance policies are to contain, or be endorsed to contain that they
shall be primary insurance as tespects 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. 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 of this
extended reporting period provided 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, including but not limited 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, scaffo ldin g and protective lences.
Waiver of Subrogation . The Contractor waives all rights against the City, any of its
Subcontractors, Sub-subcorttractors, agents and employees, for damages caused by fire or other
perils to the extent covered by tsuilders 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 endorscd to waivc thc right of
subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the
City. The City will 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 of Insurers. Insurance 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 original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the Automobile Liability and Commercial Ceneral Liability
City of Port Orchard and Advanced Diving Services, Inc
Public Works Project No. PlY2020-008
Small llorks Contract No. C057-20 Rev 61912020
Page 12 of 14
a
a
o
insurancc of the Contractor before commencement of the work. Before any exposure to loss may
occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that
includes all applicable conditions, exclusions, definitions, terms and endorsements related to this
project.
Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by subcontractors, which determination shall
be made in accordance with reasonable and prudent business practices.
Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this
work with written notice of any policy cancellation, within two business days of theirreceipt of
such notice.
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 the
City. Failure on the part of the Contractor to maintain insurance as required 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 terminate 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 fiom the City.
City of Port Orchard and Advanced Diving Service,s, Inc
Public Works Project No. PItt2020-008
Small ltorks Contract No. C057-20
Page 13 of 14
Rev 6191202A
APPENDIX A
Durirrgtlte performance of this Agreement, the Contractor, fbr itself, its assignees. and successols in
interest agrccs to comply with the follorving non-discrimination stalutes and authorities; including but not
limited to:
Pertinent Non-Discriminntion Authorities:
o Title Vt of the Civil Rights Act o1'1964 (42 U .S.C. $ 2000d et seq.,78 stat. 252), (prohibits
discrirnination on the basis of race, color, national oligin); and 49 C.F.R. Part 21.
' The ljniform l{elocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. S 460 1), (prohibits unfair treatmetrt of persons displaced or whose propefly has been
acquired beoause of Fedelal or F'ederal-aid progralns and projects);
. F'ecleral-Aid Highway Act of 1973, (23 [J.S.C. $ 324 et seq.), (prohibits discrimination on the
basis ofsex);
. Sectiotr 504 of the Rehabilitation Act <1f, 1973. (29 U.S.C, $ 794 et seq.), as amended, (prohibits
cliscrimination on the basis o1'disability);and 49 C.l-'.R. Part27:. 'fhe Age Discrimination Act of 1975, as anrended, (42 U .S.C. g 6101 et seq.). (prolribits
discrimination ou the basis of age):
r Airport arrd Airway Inrprovetnent Act of 1982. (49 [JSC$ 471, Section 4 7123), as arnencled,
(prr.lhibits discrimination basecl on race. creed, color, national origin, or sex);. 'l'he Civil Rights Restoration Act ol' 1987, (PL 100-209). (Broadened the scope. coverage and
applicability of Title Vl of the Civil Rights Act of 1964, The Age Discrirnination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terrns "proglams
or activities" to inclLrde all of the progran'ls or activities of the Federal-aid rccipicnts, sub-
recipients ancl contractors, whether such programs or activities are Federally fundecl or not);. Titles ll and III of tlte Arnericans rvith Disabilities Act, which pLohibit discrirnination on the basis
of disability in the operation of public entities, public ancl private transpoltatiou systems, places
of public accommodation, and ccrtain testing entities (42 U.S.C. g$ 12131-12189) as
implemented by Department of Transpoftation regulations at 49 C.P.R. palts 37 ancl 38;. I'lte Federal Aviation Administration's Non-discrirnination statute (49 U.S.C. ss 47123) (prohibits
discrimination on the basis ol'race. color, national origin, and sex);r Exectrtive Order 12898, I?ederal Actions to Addless Environnrental .lustice in Minority
PopLrlations aud [.ow-lncornc Populations, which ensLlres discrimination against mir,ority
populations by discouraging progratns, policies, and activities with disproportionately high and
adverse ltulnan healtlr or ettvironrnental effects on minolity and low-income populations:. Executive Order 13166,lmploving Access to Services tbr Persons with t,imited [ingtish
Proficiency" and resulting agency guidance, national origin discrirnination includes cliscrimination
because of limited E,nglish proficicncy (LEP). To ensure compliance with 'I'itle Vl, you rnust take
reasonable steps to -cnsLtre that LEP persons have meaningtirl access to your programs (70 Fccl.
Reg. at 14087 to74100);. "t-itle IX of the llducatiott Amendments of lr972. as amendecl^ which prohibits you fiom
discriminating because ol sex in education prograrlts or activities (20 U.S.C. 168 I ct seq).
Citl of Port Orchard and Advanced Diving Seryices, Inc
Public l4torks Project No. PW2020-008
Small ll/orks Contract No. C057-20
Page 14 ol 14
Rev 6/912020
I
EXHIBIT 1
Schedule of Project Price
ln-Service Gleaning and lnspection of
Potable Water Storage Potable Water Tanks
Item No. Pqtable Watgr Tank Name/Oescription Lump $um Amount
McCorrnick #1 (60,0009a1) Schedule A $_?6?.00
McCormick #2 (60,0009a1) Schedule B s 967.00
McCormick 580 (450,0009a1) Schedule C
City Hall(50,000ga1)Schedule D $ e6100*
Maple Street (50,0009a1) Schedule E 967.00
Sedgwick (1Mil)Schedule F
Old Clifton (1Mil)Schedule G $2,901.00
Morton Street (100,0009a1) Schedule H $967.00
Van Zee Park (2Mil)Schedule I
3,869,98
TOTAL BID: $13,539.98
SALES TAX
ln accordance with Section 1-07.2(1) State Sales Tax: Work performed on City, County,
or Federally owned land, the Contractor shall include Washington State retail sales tax in
the various unit bid prices or other amounts. These retail sales taxes shall include those
the Contractor pays on purchases of materials, equipment, and supplies used or
consumed in doing the work.
2.
3.
4.
5.
6.
7.
8.
9.
U:\ENGtNEERtNG\WATER\Reservolrs City Owned\Water Reservolr Cleaning\2020\TANK CtEANING SPECS 2020-DRAFT.docx
$_j9.00_
E_ 96m_
ADVANCED DIVING SERVICES, INC.
Wuposaf # ;n.-zoqta
BTI} SCHEDULE
Company Name:City of Port Orchard
Attn: Public Works " 2020 Potoble Water Tank Cleaning
216 Prospect Street
Port C)rchard, WA 98366
Email : publicworks@cityofportorchard. us
are bascd on a our main consideration is the
amount of sediment that has to be ofthe reservoir and the depth ofthe
sediment. 'fhc following factors influcnce the length of time and our ability to accomplish the work.'Ihin- rluot* is bafcd.ard (4frringcnr ulxrn the followirg,
Tbat rll informetion provided us is correct, entry hatches arc lrrge enough for a diver to enter, and all rcservoirt arc
acecsrlble by a four-wheel-drive truck und 20t trailer.
?. During cleaning, rescrvoir water lcvels must be kept at or nerr full capacity unless instructed prior to proceeding with work.3. Rcmoved water, materials, and any neccssury permitting are the rcsponsibiliry of rtre oustomer (placemeni of the effluent
material is done at the direction ofthe cuslomer within 100', wrlcss otherwise specified in quote).4. Quotes for cleaning assume ths sediment is normal material (such as silt flocculated matcrial, iniects, light sand, mangancse,
rust, etc.. .) found in potable water reservoirs that is easily removed by our vacrrumirg proccdures. MatJrial that cannot bevacuumed such as concrete, construction material, gravel, rocks, detached coating, compacVadhered sediment, etc. .., is
considered debris and will be removed on the hourly ratc (bid includcs one hour ofdebris removal)
Nrme: James Nilsson
Date: June 09,2020
Ad.vanced Diving Services, Ir1c.
'rel: (E66) 237.3483 [rx: (4I5) 586-2078
E-Mril: [1fui114\g,1$r!.di).lnE.r.om www.rdvrnceddiving.com
Reservoir Caoacitv
(Gallons)
Dlrngsrals
-Dls!H!
Typs Surface
Arga
(s.F.)
Cubic
ylrds if
Sediment
t" Deep
Pricc for
g-b-Dr[&!p-la
l " s€diment
a[d hsocction
Price fbr
Cloaning
cC{ilipnei
sediment
per l"
averaqe
deDth
l. McConnick#l
2- McCormick #23. McComick 580
4. City Hall5. Maple Street
6. Sedgwick
7. Clifton
8. Morton Slreet9. VanZee Park
60,000
50.000
450,000
s0,000
50,000
lMc
IMG
100,000
2MG
25'X rs',
2s'x l5'
42.7', X 42'
l8'x25'
37'rt4',
68'X40',
r00'x 30'
14 6', X 100'
I 30' x 20'
49'
491
1,452
950
888
3,630
7,850
178
11,267
2
Z
4
3
3
ll
24
I
41
$967.00
$967 00
$967.00
$967.00
$e67.00
$967.00
$2,901.00
$967 00
$3,869.S8
$70
$70
$ 140
$ lo5
$ 105
$38s
$840
$3s
$ I.43s
L Removal ofadditional sediment is charged per inch (based on cubic yard price to tt e rigtril ioieveryihing over -
the-oriBinal depth specified above. (lgdimenlpg1eCs.ur,ed and calculated as an average dcpthl Avg,
Vanablo Rates:
Sed.I Inch
2. Lcrk detection & repeirs rre performcd on r timc and mrteriel brsis. See hourly rate These procedurcs
are performed only upon receiving your approval.
Cubic Yard
$ Per hour
$ Epoxy Material
per TUBE
$35
s250
$48
3. Sediment filtration is charged on a per filtsr bag basis. tlchtorination olthcdischa.ge water is a flat 6;;-
IEServo lr.
Filter Bags $240 ea
$50Dechlor.
4, If the rcservoir is not *ececsiblc witb E truck snd trriler gnd
hourlv rate shall aoolv during setup .bd acardown. Dehys rre
requires us to use portlble equipmcnt, rtrd
an hourlv cbrrye (see 116 bclow).
Port. Equip.
Delay Hour
s250
$2s0
5, Pnces are valid for 90 days. Upon signaturB, work
Paym€nl terms are nel 30 davs.
shall be scheduled at a mutually accePtable date within one year
6. Mobil iation Charge $ I,500 It is mticipated r]rc prtrcedures will be performed in one rnobilization.Cleaning and Inspection pricing may be
reducsd if schedulod whilc ADS crem are working in the general area, this requircs some flexibility in scheduling the work
Reservoir oleanings and insocctions are together
ADVANCED DIVING SERVICES, INC.
5. Unless specified in quote in detail wc clean all submergcd horizontal and angled berm or slopcd surfaces. Vertical surf'aces
such as the walls can be cleaned but must be listcd separately in thc quote detail or estimated by the divers upon inspcction. We
do not clean surfaccs that are out ofthe watrsr.6. If any information providcd to us in incorcct or if any problems exist that inhibit our ability to complete the job on a limely
schedule, then we will noti$ you of the problem and reserve the right to add on to thc quote based on our est-imate of the
additional time it will take to complete the work. Charges for time delays are listed above. 'l'his paragraph only opplics to any
problems that are your responsibility.7. Laboratory analysis ofwater, coating, or debris samples is your responsibility unless specified earlier.8' If filtration or dechlorination ofdischarged cffluent is required. notc additional charges for cost ofmatedals (see above).
Interior video inspection will be completed with real+ime closed circuit high-rcsolution color underwater virJeo equipment. All pertfutcnt
findings will be recorded on DVD format (including dive maintenance technician's findings and narrative summary), and on all checklists
and written recommendations. Exterior inspection findings/color pholographs will be noted on lh€ exterior rcscrvoii report- Video rccord,
hardcopy wittcn report and summary of rccorunendations will be provided u6rn oompletion of the operations and remain the property .ifrl,"
customer. Completc inspection will inclurlc the following criteria_
I . A visual inspeclion of the reservoir's interior and exterior.2 A vcrbal report of the reservoir's condition given to thc customer representative immediately after the inspection.3. An Inspcction r€port with the following information:
Nameplate lnformation.
Findings pertaining to $ndition of intcmal components (i.c. plumbirrg, vcnts, hatches, Cathodic systcm, ctc...).
Numeric representation of the perccnt of corrosion and/or damaged areas.
Color video illustrating each type of coating failure, the general condition of coating and substrate. video shall be clear,
sharp and definitive (interior video based on clarity ofwatcr in reservoir).
A report on coating failurc analysis and the probable causes.
Report on pit depth and metal loss based on ASTM G 46-94 Standard Guidc for Examination and Evaluation of pitting
Conosion. measured in millimetres at significant corrosion modulation sites. Also calculated rate of metal loss and
theoretical ratc of penetration (if applicable).C. A sample specification for repair or recoating ofthe interior and cxterior ifapplicable.H. Report referencing the various coating defects and causes reported.
A vidcotape oftho general condition ofthc interior surfaccs. 'fhe videotape shall be nanated with reference to the location of
intemal components and or pertinent findings notcd.
Removal ofsilt from floors utilizing underwaler m€thods.
A reporl on the thickness and type of silt on the reservoir floor.
r AII Dive Maintcnancc Technicians and associated in-tank equipment are fully disinfected according to AWWA Stonrtard C652-92.
' All Advancod Diving Services operations pertaining to Diving and Confined Space, conductcd on your system arc in compliance wth all applicablc
OSHA, AWWA, and ADC standards, procedures, and regulations (including 19t0.401 thru 1910.441).r Al[ inspection personnol aro fully qualifrcd commercial dive maintenance technicians certilLed in ASNT Non-Destructive tcsting.o AII ofou repair, sealing and coating materials me€t or exce€d NSF 60 & 6l standards
WE PROPOSE to fumish labor and material complete in accordance with the above specifications, and subject to conditions fountl on this
agreement, for thc sum of: (Pricing is contingent on schcduling the work, whilc a crew is in your general location).
Reservoir Cleaning and Inspection includlng writtetr rcports (2).$1 1,882.00
$500.00*Mobilization
A.
B.
C.
D.
E.
F,
4
5
6
Prevailing Wage Filing Fees ............,
WA sales and use tax (Kitsap Co. .090)
Total ...
*Mobilization fees have been reduced for schcduling work while ADS crews are in the general area.**Sediment and water from the cleaning of the reservoirs to be discharged on-site
wA State construction contractor Registration #ADVANDSS 17p3, wA UBI 602-745- I 9t
Accepted. The above prices, spur:ifications and conditions are satisfactory and are hercby accepted. You aro authorized to do tle work os specified payment
J0
Authorized Advauced Divins, Services. Rep.A!thorizcd (--ontractinq Offi csr, Rep.
Sincerely
ww^luuf!orr.T Accepted By:Date:
09,2020rffirli. Ni
Dire clor
v * w t.rrtt rc
Tel: (t661 237-3483 Fer: (435) 5t6-20?8
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