061-20 - PumpTech, Inc. - ContractCITY OT'PORT ORCHARD SMALL WORKS 35K AND UNDER
CONSTRUCTTON CONTRACT NO. CO61.2O
PUBLIC WORKS PROJtrCT NO. PW2O2O.OI2
THIS Agreement is made effective as of the 2lth_ day of fuly_, 2ae,by and between
CITY OF PORT ORCHARD, WASHINGTON ("cITY")
216 Prospect Strcet
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029
((coNTRACTOR")
and
contact: JimJoyce Phone: 42s.644.8s01 Email:jjoyce@pumptechnw,com
for the following Project:
llell T Cla-Val Replacement (.,PROJ[CT')
The City and Contractor agree as follows,i
I' Contract l)ocuments. The Conffactor shall complete the Work dcscribed in the Contract
Documents for the Project. The following documents are collectively referred to as the
"Contract" and/or "Contract Documents,':
a. This Agreement signed by the City and the Contractor;
b' Division I of WSDOT Standard Specifications for Road, Bridge and Municipal
Constuction, 20,18 edition, together with AIWA 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;
c. Public Works Terms and Conditions;
f, Insurance and Bonding Requirements; and
City of Port Orchard and PumpTech Inc.
Public Wrorlrs Project No. Pll2020-012
Small lYorlu Contact No. C06I-20
Page I of23
F.ev 7/2312020
g' The bid proposal submitted by the Conhactor, excspt when inconsistent with Contract
Documents a-f.
The intent of the Contract Documents is to include all items necessary for the proper execution
and completion of the Work by the Contractor. These Contract Documents comfement each
other in describing a complete 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
thall be ,fo!g!3t!;20!$ The Contractor shall substantially complete the Work not later than
$e$tbulpcf 30lU03"g, subject to adjustment by change orjer.
3. The Contractor shall do all work and furnish all tools, materials, and equipment in accordance
with the above described Construction Contract Documents. The Contracior shall provide and
bear the expense of all equipment, work, and labor of any sort whatsoever that may be required
for the transfer of materials and for constructing and completing of the work provided for in
these Construction Contract Documents, except ihose iterns mentioned thereinio be fumished
by the City,
4' Subject to additions and deductions by change order, the construction Contract Sum is the base
bid amount of $J3 9S- (applicable sales tax included). The construction Contract Sum
shall include all items and services necessary for the proper execution and completion of thework. Thc City hereby promises and agrees with the Contractor to employ, und do., employ
the Contractor to provide the materials and to do and cause to te done the work describcd in
the Construction Contract Documents and to complete and finish the same according to theplans and specifications and the terms and conditions herein contained; and hereby cfntracts
to pay for the same at the time and in the manner and upon the conditions providei for in this
Contract.
5. Tlre Contractor agrees to comply with all state and federal laws relating to the employment of
labor and wage rates to be paid. The Contractor agrees to furnish insirance of the types andin the amounts set forth in the co'struction contract Documents.
6' The Contractor agre_es 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 part of the
Conhactor.
8. It is further provided that no liabiliry shall attach to the City of Port Orchard by reason of
entering into this construction contract, except as expressly provided herein.
City of Port Orchard and PumpTech Inc,
Public ll/orlrs Project No. PW2020-012
Small Works Contract No. C06l-20
Page2 of23
Rev 712312020
9. Title VI
The City of Port Orchard, in accordance with Title VI of the Civil fughts Aot of 1964,78 Stat. 252,
42 U.S.C, 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Dopartment of Transportation
subtitle A, Office of the Secretary, Parl 21, nondiscrimination in federally assisted programs of the
Department of Transportation issued pursuant to such Act, must affrmatively insure that its contracts
comply with these rcgulations.
Thercfore, during the performance of this Agreement, the Contractor, for itself, its assignecs, and
succes$ors in interest agrees as follows:
l. Compliance rvith Regulations: The Contractor will comply with the Acts and the Regulations
relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of
Transportation, Federal Highway Adminishation (FIIWA), as they may be amended from time to
time, which are herein incorporated by refercnce and made a part of this Agrccment.
2, Nondiscrimination: The Contractor, with regard to the work performed by it dwing this
Agrecment, will not discriminate on the grounds of race, color, national origin, sex, age,
disability, income-level, or LEP in the selection and retention of subconhactors, including
procurements of materials and leases of equipment. The Contractor will not participate dircctly or
indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in
Appendix A, attached hereto and incoqporated herein by this reference, including employment
practices when this Agreement covers any activity, project, or program sst forth in Appendix B of
49 C.F,R. part2l.
3. Solicitations for Subcontracts, Including Procurcments of Materials and Equipment: In all
solicitations, cither by competitive bidding, or ncgotiation mado by the Conkactor for work to be
performed under a subcontract, including proourements of materials, or lcases of equipment, eaoh
potcntial suboontractor or supplier will be notified by the Conhactor of the Conhaotor's
obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination
on the grounds ofrace, color, national origin, sex, age, disability, incomeJevel, or LEP.
4. Information and Reports: The Conhactor 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 faoilities as may be dctcrmined by
the City or the FHWA to be pertinent to ascertain compliance with suoh Acts, Regulations, and
instructions. Where any information required of the Contractor is in the cxolusive possession of
another who fails or refuses to furnish the information, the Contraotor will so certiff to the City or
the FHWA, as appropriate, and will sct 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, thc City will impose such contract sanotions as it or
the FHWA may determine to be appropriate, inoluding, but not limited to:
1. withholding payments to the Contractor under the Agreement until the Contractor
complies; and./or
2. cancelling, terminating, or suspending thc Agreement, in whole or in part,
6. Incorporation of Provisions: The Conhactor will include the provisions ofparagraphs one
through six in cvery subcontract, inoluding procwements of materials and leases of equipment,
City ofPort Orchard and PumpTech Inc.
Public lVorks Project No. PIt2020-012
Small l[rorlcs Contract No. C06l-20 Rev 7/2312020
Page 3 of23
IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly exeouted
on the date first written above.
CITY OF PORT ORCHARD CONTRACTOR
Robert Mayor
unless exempt by the Acts, the Regulations and directives issued pursuant thoreto. The Conhactor
will take acfion with respect to any subconhact or procuremcnt as the City or the FHWA may
direct as a means ofenforcing such provisions including sanctions for noncompliance. Proviied,
that if the Contractor becomes involved in, or is threatcned with litigation by a subconhactor, or
supplier because of such direction, the Conhactor may request thc City to enter into any litigation
to proteot the interests of the City. In addition, the Contractor may request tha United States to
enter into the litigation to protect the interests of the United States^
Byi W;t:A ..,,\-.: ...,,^,.0,tt v tasu^t:,
Lts: /''t4y.st$**f-
ATTEST/AUTTIENTICATE :
, City Clerk
AS TO FORM:
A. Archer,Attorney
City of Port Orchard and PumpTech Inc.
Public Worlu Project No, Pl(2020-012
Small lI/orlrs Contsct No. C06I-20
Page 4 of23
Rev712312020
CERTIF'ICATE AS TO CORPORATE PRINCIPAL
T,(Corporate Oflicer (Not Contract Signer))
certi$ that I am the (Corporate Title) of the
as 1n Agreement attached hereto; that
Signer) who signed said Agreement on behalf
ofthe , was Title) of said corporation;
that said Agreement was duly signed for and in behalf of said corporation by authority of its
goveming body, and is within the scope of its corporate powers.
Corporate Seal
Corp.(not contract signer)
Printed
Title
State of
County )
and that he/she is
(Name
Subscribcd and sworn to before me this
l,f. tr l:r
!l
a:
a
l{OrAlVif!SUC
JYl,t'rir{fu'*
eovrrl, tlilRt$
JAN.0l,toll
ta
!t:
a
a Ia
officer (not contact signer)) being
(Corporate Title)
S-Y-'auyor 201-fr
Notary Public (Signature)
Notary Public 7ZMy commission
t.l
a
fe\ec,ra lysetrlne.r
i 't
ltttt .j
l,rtrll I I I
City of Porl Orchard and PumpTech Inc.
Public llorl<s Project No. P1,Y2020-012
Small l4rorks Contract No. C06I-20
a)I
Page 5 of23
Rev 7/2312020
CITY OF'PORT ORCHARI)
PUBLIC WORK PROJECT TERMS AND CONDITIONS
The following terms and conditions shall be used in conjunction 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 Dcpartment of Transportation and American
Public Works Association, Washington State Chapter, hereinafter refened to as the "standard
specifications". The standard specifications, except as they may be modified or superseded by
these provisions, shall govern all phases ofwork under this Contract, and they are by referenoe
made an integral part of these specifications and Contraot as if herein fully sct forth.
When the provisions of the standard specification conflict with the terms and conditions as
contained herein, the tenns and conditions shall prevail.
l. BID PRICE: The bid price(s) shall include all necessary permits, fees and items of labor,
material, equipment, tools, overhead and compensation, supplies, taxes, utilities and other
incidentals necessary to complete the work in a fully functional and operational state. All prices
including bid prices are in US funds.
2. DEFINITIONS: The term "City" means Port Orchard, Washington, "successful bidder" means
the apparent lowest and best responsible bidder to whom an award is made, and "Contractor,'
means the successful bidder who has satisfred the requirements for the award and who receives a
contract cxecuted by thc City. "Bidder" means the person, firm 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 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 identifier number; and if
applicable, 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
39.06,010 or 39.12.065(3).
4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law.
Bidders are warned to take into consideration statutory legal requirements, particularly, the
payment of prevailing wages and fringe benefits, payment and performance bonds and sales tax
implications in making their bids, It is the sole responsibility of the bidder to ensure that the
appropriatc 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 Wages and Affidavit of Wages Paid forms and shall familiarize itself with their
requirements. The Contractor shall also be responsible for and pay all costs pertaining to the
processing of these forms,
5. INSURANCE REQUIRBMENT; The successful bidder will fumish insurance as stipulated in
the Attachment entitled "fnsurance Requirements."
6' RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents
will be by writtcn addenda only.
CiU of Port Orchard and PumpTech Inc.
Public l(orla Pro.iect No. PW2020-012
Smail lforks Conftect No, C061-20 Rev'l/2312020
Page 6 of23
7. PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby
proposes to perform all work for this project in strict accordance with the Contract Documents, at
ths Contract Sum, and within the time set forth herein with the understanding that time is of the
esssnce 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 Biddcr's rcsponsibility to fumish Federal Excise Tax Exemption Certificate,
whcn applicable.
9. ERROR IN EXTENSION: Unit price, when used, shall govem in case of extension error.
10. PERMITS AND FEES; The Contractor shall fumish all permits, inspection fees, and fees
required in the perforrnance of this Contract, including those charged under RCW 39,12.070 by
the Department of Labor and Industries for thc approval of statements of intent to pay prevailing
wages and the certification of affidavits of wages paid, etc. The Departmcnt may also charge fees
to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The
Conhactor is responsible for all fees resulting from these statutes.
ll. CONTRACT: The Contract, whcn properly signed, will be the only form that will be
recognizcd by the City as an award. Thc exscutsd Contract supersedes all previous
communications and negotiations, except as referenced herein, and constitutes the entire
agreement between the City and Contraotor (parties), except as providcd herein. The Contractor
shall not make any changes, alterations, or variations in the terms of thc Contract without the
written consent of the City. No terms stated by the Biddcr in its proposal shall be binding on the
City unless accepted in writing by the City. The successful bidder may not assign the Conhact
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. CIIANGE 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 cstimate of ths cost and time impact
of the change in Work; and (o) 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
Substantial Completion Date, if any. If the change in Work cannot be performed on a fixed-price
basis, the Change Order shall identiff the ageed method of compensation.
13. CI{ANGE DIRECTIVES: A "Change Dircctive" is a written order sigaed by the City,
directing a change in the Work prior to agreement on adjustment, if any, in the Contraot Sum or
Substantial Completion Date, or both. The City may by Change Directive, without invalidating the
Contract, order changes in thc Work within the general scope of the Contract consisting of
additions, dcletions 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 agreement 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 adjustmcnt 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 of Port Orchard and PumpTech Inc.
Public Works Project No. PW2020-012
Snall Worl<s Contract No. C061-20
pageT of 23
Rev 7/23/2020
Order. If the parties are unable to agree on an adjustment to the Contract Sum and/or Substantial
Completion Date, if any, then either parfy may submit the mattcr for dctermination in accordance
with Section 21.
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. COMPLIANCE WITH LAWS AND REGULATIONS: Thc Contractor warrants full
compliance with all applicable local, state or fcderal laws and regulations and agrees to indemniff
and defend the City against any loss, cost, liability or damage, including reasonable attomey's
fees, by reason of succcssful bidder's violation of this paragraph.
16. INDEMNIFICATION: All services to be rendered or performed under this Contract will be
rendered or performed entirely at the Contractor's own risk. The Contractor shall defend,
indemniff and hold the Ciry, its officers, officials, employees and volunteers harmless from 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 for injuries and damages caused by the
sole negligence of the City. Should a court 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 property caused by or resulting from the concurrent negligence ofthe
Contractor and the City, its officers, officials, employees and volunteers, the Contractor's liability
hereunder shall be only to the extent ofthe Contractor's negligence.
It is further specifically and expressly understood that the indemnification provided herein
constitutes the Contractor's waiver of immunity under Induskial Insurance, Title 5l RCW, solely
for the purposes of this indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this section shall survive the expiration or termination of this Contract.
17. TERMINATION: This Contract may be terminated in whole or in part, without penalf, under
the following conditions: 1) by mutual written agreernent; 2) by the Cify for breach by the
Contractor of any of the obligations or requirements set forth in the Contract Documents which
would, at the option of thc City, require the Contractor to assume liabilify for any and all damages,
including the exccss of re-procuring similar products or services; 3) for convenience of the City;
or 4) by the City for non-appropriation of funds.
18. TERMINATION BY THE CITY WITHOUT CAUSE: Notwithstanding any otherprovisions
contained herein, the Cify, without cause, may terminate the Contract between the parties by
providing notice to the Contractor. Upon tcrmination under this section: 1) All remaining
obligations ofthe parties are discharged, but any right based upon breach or performance occurring
prior to termination survives; 2) If the reasonable costs of perfornance incuned by the Contractor
prior to termination exceed the amount paidby the City to the Contractor on the Contract Sum, the
City shall reimburse the Contractor in the amount of such excess; 3) If the amount paid by the City
to the Contractor on the Contract Sum exceeds thc reasonable costs of performance incurred by
the Contractor prior to termination, the Contractor shall reimburse the City in the amount of such
exoess; 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 serviccs performed by the
Contractor prior to termination.
City of Port Orchard and PumpTech Inc.
Public Worlcs Project No, PW2020-012
Small l4/orlcs Contract No. C06l -20
Page 8 of23
Rev7123/2020
19. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with
these terms and conditions, notwithstanding any previous custom, practice, or course of dealing to
the contrary.
20. PAYMENT: Contractor shall maintain time and expense records and provide them to the City
along with monthly invoices in a format acceptable to the City for work performed 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 services rendered to not meet the requirements of the Contract, Contractor will correct or
modify the work to comply with the Conttact. City may withhold payment for such work until the
work meets the requirements of the Contract.
21. DISPUTE RESOLUTION: In 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 disputc 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 Disputc, the parties
shall meet at a mutually acceptable time and place and attempt to resolve the dispute; (b) If the
parties are unable to resolve the dispute, they may elect to submit the dispute to mediation. Thc
cost of the mediation shall be bome equally by the parties. The mediator shall be selectsd 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 Judicial Arbitration and Mediation
Services ("JAMS") in accordance with the then operative construction rules of JAMS. The parties
may select an arbitrator by mutual agreement, or if unable to agree, the arbitrator wilt 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; ptovidcd, if JAMS is unablc 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.
City of Port Orchard and PumpTech Inc,
Pablic lhrlrs Project No. PW2020-012
Small Works Contract No. CA6l-20
Page9 of23
Rev'l/2312020
CITY OF PORT ORCHARD
INSURANCE REQUIREMENTS
The Contractor shall procure and maintain for the duration of the Conhact with the City, insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by thc Contractor, their agents, representatives,
employees and subcontractors.
NoJimitpti-o.q. The Contractor's maintcnance 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.
.lvfinimii*$ 0f q cqi TheContractorshallobtaininsuranceofthetypesdescribedbelow:
Automobile Liability insurance covering all owned, non-owned, hired and leased vshiclss.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 0l or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
Conmercial General Liability insurance shall be written on ISO occurrencc 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 contraot, The Commercial General Liability
insurance shall be endorsed to provide the Aggregatc Per Project Endorsement ISO form
CG 25 03 11 85 or an equivalent endorsement. There shall bc no endorsement or
modification of the Commercial General Liability Insurancc for liability arising from
explosionn collapse or underground property damage, The City shall be named by
endorsement as an additional insured under the Contractor's Commercial General Liability
insurance policy with respect to the work performed for the City using tSO Additional
Insured endorsement CG or substitute sndorsements providing equivalcnt coverage.
a
a
Workers'Compensation coverage as required by the Industrial Insurance laws of the State
of Washington.
Ernployers' Liability coverage to include bodily injury, and bodily injury by disease.
Employers Liability cov€rage may be included in the Contractor's General Liability
Coverage or as a stand-alone policy.
:r' Builders,Rr& insurance covering interests of the Cify, the Contractor, Subcontractors, and
Sub-subcontractors in the work. Builders Risk insurance shall be on an all-risk policy form
and shall insure against thc perils of firc and extended coverage and physical loss or
damage including flood, earthquake, 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 bc the responsibility of
the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the
City of Port Qrchard and PumpTech Inc.
Public ll/orks Project No. PW2020-012
Small l{orlcs Contract No. C06I-20 Rev 7/2312020
Page l0 of23
,t.
city upon written request by thc contractor and written acceptance by the city, Any
increased deductibles accepted by the City will remain the responsibility of the Contractor.
The Builders Risk insurance shall bc maintained until final acceptance of the work by thc
Cify.
Minimum Amounts of lnsuranoq. The Contractor shall maintain the following insurance limits:
a Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of $1,000.000 per accident.
t'Commercial General Liability insuranoe shall bc written with limits no iess than
$1,000,000 each occurtcnce, $2,999,000 gencral aggregate and a $2,000,000 products-
completed operations aggregate limit.
I Builders Risft insurance shall be written in the amount of the completed value of the project
with no coinsurance provisions.
Workers' Compensation insurance.
Employer's Liability insurance with Washington Stop Gap Employers'Liability minimum
limits of $1,000,000 each accident, $1,000,000 disease - each employee, $1,000,000
disease - policy limit.
The City will not be responsible for payment of industrial insurance premiums or for any
other claim or benefit for this Contractor or any sub-Contractor or employee of the
Contractor which might arise under the indushial insuranoe laws during the performance
of duties and serviccs under this contract. If the Department of Labor and Industries, upon
audit, determines that industrial insurance payments are due and owing as a result of work
performed under this contract, those payments shall be made by the Conhactor; the
contractor shall indemniff the city and guarantee payment of such amounts.
Other Insurance Provisions. The Contractor's Automobile Liabitify, Comrnercial General
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, If any coverage is written on a "claims made" basis, then a minimum of three
(3) year extended reporting pcriod shall be included with the claims rnade policy, and proof of this
extended reporting period provided by the City.
Contf,pctor's Instrrancq,foLQther.Losscs, The Contractor shall assume full responsibility for all
loss or damage from any cause whatsoever to any tools, including but not limited to the
Contrastor'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, s caffo ldin g and protective fences.
it
O
City o! Port Orchard and PumpTech Inc.
Public Worl<s Project No. PW2020-012
Small l4torks Conlract No. C06l-20
Pagc I I of23
Fiev 7/23/2020
)VaiVCf of Suhtqgnij.gn. The Contractor waivcs all rights against the City, any of its
Subcontractors, Sub-subcontractors, agcnts and employees, for damages caused by fire or other
perils to the extent covered by Builders Risk insurance or other properfy 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 maintained by the
City. The City will not waive its right to subrogation against the Contractor. The Contractor's
insurancc shall be endorsed acknowledging that the City will not waive its right to subrogation.
dgcqBtabil'ib of insurers, Insurance is to be placed with insurers with a curcnt A.M. Best rating
of not less than A:VII.
Vqfifipptipn of Coye"rage. 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 General Liability
insurance of the Contractor before commencement of the work. Before any exposure to loss may
occut, thc Contractor shall file with the City a copy of the Builders Risk insuranoe policy that
includes all applicable conditions, exclusions, definitions, terms and endorsements related to this
projeot.
Suhcoqfiqqtpr$. 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.
Nplice of Cancellatioq. Thc Contractor shall provide thirry (30) days written notice by certified
mail, return receipt requested, to the City prior to the cancellation or alteration of coverage.
Failufe to Maintaifr lqgulg"gc.e., The insurance required by this Section will not be canceled,
materially changed or altered without forly-five (45) days prior written notice submitted to thc
City. Failure on the part of the Contractor to maintain insurance as required shall constitute a
material brcach of contract, upon which the City may, after giving five business days' notice to
the Contractor to correct the breach, immediately terminate the Conhact, or, ^t 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.
City of Pon Orchard and PumpTech Inc,
Public Worla Project No. PW2020-012
Snall l4/orlrs Contact No. C06I-2A
Page 12 of23
Rlav 7/23/2020
CITY OF PORT ORCHARD
DECLARATION OF OPTION F'OR PERT'ORMANCE AND PAY1VIENT
BOND OR ADDITIONAL RETAINAGE
,(AI*LICABIL*'TO Co, NrR4ST,g oF s{50.000 OnLQ$$ t SSW 39.0&010)
Note: This form must be submitted at the time the Contractor executes the Contract. The
Contractor shall designate the option, where applicable, desired by checking the appropriate
space.
1. TheContractorshallprovidc SYoretainage,pursuanttoRCW60.23.0ll(l)(a).
2. In addition, the Contractor elects to (select one):
(l) Fumish a performance and paymcnt bond in the amount of the total
contract sum. An exccuted performance and payment bond on the required form is
included with the executed contract documents.
Have the Ciy retain in licu of the porfotinanco,and payrnent bonds,
0%) of the total ooUtract amount for a period of thirry days after date
of acceptance, or until receipt ofall necessary releases from the department of
rcvenue and the department of labor and industries and settlement of any liens filed
under chapter 60.28 RCW, whichever is latcr. RCW 39.08.010.
In choosing option 2, the contractor agrees that if the contractor, its heirs,
executors, administrators, successors, or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants, conditions and
agreements in the Contract, and shall faithfully perform all the provisions of such
contract and shall also well and truly pcrform and fulfill all the undertakings,
covenants, terms, conditions and agreements of any and all duly authorized
modifications of the Contract that may hereafter be made, at the time and in the
manner therein specified, and shall pay all laborerso mechanics, subcontractors, and
materialmen, and all persons who shall supply such pcrson or persons, or
subcontractors, with provisions and supplies for the carrying on of such work, on
his or her part, and shall defcnd, indemni&, and save harmless the City of Port
Orchard, Washington, its officers and agents from any claim for such payment, then
the funds retained in lieu of a performance bond shall be released at the time
provided in said option 2; otherwise, the funds shall be retained until the Contractor
fulfills the said obligations.
Contractor Signature,Date
City o{Port Orchard and PumpTech
Public lltorlrs Project No. PW2020-0
Small Worla Conlract No. CA6L20
Inc.
I2
Page 13 of23
Bond No. .-
Rev 7/23/2020
APPENDIX A
During the performance of this Agreemcnt, the Contractor, for itsclf, its assignees, and successors in
intcrest agtees to comply with the following non-discrimination statutes and authorities; inoluding but not
limited to:
Pertincnt Non-Discrimination Authorities :
r Titlc VI of the Civil Rights Act of 1964 (42 U_.S.C, $ 2000d et seq., ?8 stat. 252), (prohibits
disorimination on the basis of race, color, nationa) origin); and 49 C.F.R, Part 21,r The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. $ 4601), (prohibits unfair treatment of persons displaced or whose proporty has been
acquired because of Foderal or Federal-aid programs and projecls);r Federal-Aid Highway Act of 1973, (23 U.S.C, $ 324 et seq.), (prohibits discrimination on the
basis ofsex);
r Sectiou 504 of the Rehabilitation Act of 1973, (29 U.S.C, $ 794 et seq.), as amended, (prohibits
discrimination on the basis of disabilify); and 49 C.F,R.Part27;r Thc Age Discrimination Act of 1975, as amcnded, (42 U .S.C, g 6101 et seq.), (prohibits
discrimination on the basis of agc);. Airport and Airway Improvement Act of 1982, (49 USC$ 471, Section 4 7123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);. The Civil Rights Restoration Aot of I 987, (PL I 00-209), (Broadened the soope, coverage and
applicabiliry of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by cxpanding the definition of the terms "progmms
or activities" to include all of the progmms or activities of the Federal-aid recipients, sub-
recipients and oontractors, whether such programs or activities are Fcdcrally funded or not);r Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis
of disability in the opcration of public entities, public and private hansportation systems, places
of public accommodation, and csrtain testing entities (42 U,S.C, gg 12131-12189) as
implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;* The Fcderal Aviation Administration's Non-discrimination statute (49 U.S,C. $ 47123) (prohibits
disorimination on the basis ofrace, color, national origin, and sex);r Executive Order 12898, Federal Actions to Address Environmental Justicc in Minority
Populations and Low-lncome Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
advcrse human health or environmental effects on minority and low-income populations;r Exeoutive Order 13166, Improving Access to Serviccs for Persons with Limited English
Proficienoy, and resulting agcncy guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must rake
reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);r Title IX of thc Education Amendments of 1972, as amendcd, which prohibits you from
discriminating because of sex in education progmms or activities (20 U,S.C. 1681 et seq).
City of Port Orchard and PumpTech Inc,
Public Worlu Prqiect No. PW2020-012
Small llorlrs Conlract No. C06I-20
PageZ3 of23
Rev 71231202O
-,nr*
Sales Quotation
Salesperson: Jim Joyce / No Salesperson
Lead Time: 4 to 6 Weeks
FOB: FOB ORIGIN - FFA
ShlpMa: OTHER
Projec{ Name: Repair/Upgrade Well 7 Clearwell lnlet Valve
PumpTech lnc.
12020 SE 32ND Streel Sulte 2
Bellevue, WA 98005
Phone: 425-644-8501
Fax: 425-562-9213
jjoyce@pumptechnw.com
Cuslomer#: 0123600
Quote #:
Date:
Expires:
Paoo: 1
0155357-A
6t2912020
7t29t2020
TO:
Mike Deline
Port Orchard, Clty of
City Hall
216 Prospect St
Port Orchard, WA 98366
Phone: (360) 876-4607
Item Pdce OtV Extend
Valves
cFc2-c1
c731 1
Parts and Labor
Labor - Service Tech
w/Truck
F450/550 M3 Ton
Crane-FullDay
PrevWage-Servico Tech
Misc Parts
Subtotal
Freight
PumpTech is pleased to offer the following oquipment and
labor to repair the clearwell level control systom at Well 7.
'VALVES'
Float Control Operator for Closed Tanks, Model CFC2-C1
6" Pilot Operated Control Valve, Model G7311
* PARTS AND LABOR '
Site lnspection
Crane Truck
On-Site Labor
Misc parts and tittings
Subtotal for parts and labor to install valvos . , . ,
cround Freight of parts to Port Orchard included
0.00
0.00
2,477.00
4,061.00
0.00
0.00
0.00
1.00
1.00
1.00
6.00
1.00
16.00
1.00
1,00
1.00
0.00
0.00
2,477.00
4,061,00
0.00
0.00
0.00
0.00
0.00
6,784.00
0.00
0.00
0.00
6,784.00
0.00
The above ordel ls subjectto Pumptech lnc. slsndard torms and candltlons and credlt apptoval whlch srs
atlached and mads part of lhls agreement. We approciate your intetest ln our producls and ssrviffis and if
you have any quostions on our offedngs pleaso do not hesltEt€ to call.
By slgnature below, I accept this offering:
Signed:
SubTotal
Sales Tax:
13,322.00
1,198.98
Name:Title;
Total:14,520.98
kBL-J.
'ft,'fTA;PTEE}'lll trrE-
SIANDARO TEf, IT9 AND CONNIIOI.IS
In lhs Quobtlon,
bEyond lh6asllhalod rdheduls Wlll rol b€ qc@ptod.
THISAGREEMENT DoEs Nor GRANTANY OIHER wARMNw oR cUAMNTEE oR MAKE ANY REPRGsENTAitoNs, E|THER EXpREss oR tMpLtED, tNcruotNc wtrHour LtMtrATtoN, tMpLtEoWARRANTIES OF MERCHANTABILITY OR FITNESS FORANY PARIICUIAR PURPOSE, WHETHERARISING 8Y IAW, iI,JSTOM. CONOUCT OR USAGE OF TNAOE. THE RIGHTS ANO R€MEDIES PROVIDEDHER€jN ARE ExcLUslVE ANo lN LlEu oFANY OTH€R RlcHrs oR REMEDIEST THls WARMNTY SHALL NoT €E VALID lF THi tTeMs THAT AnE THE sUBJEcT MATTER oF THtsAOR€EMENT HA'EBE€N suBJEcrEo roABUSE, MlsusE, AccloENT, ALTEMT|oN, MoDtFlcATtoN, NEctEcr, uNAUTHoRtzED REpArR, oR ExposuRE To coNotTloNs BEyoND iHe appucasre E,{vrnoNuENr,THIS WARRANTY SHALI.ALSO BE VOID IF THE ITEMS AREASSIGNEDI SOLO OR TRANSFERRED TOAN ENTITY OTHEN TNM PUNCHASEN,
m qB6 axcaodth€ pd@ allho spoclllc dsryld orEqulpmsnl whhh glva! dlo loths clalm.
FURCHASER UNOERSTANDS.ANO ACKNOWIEDGES THAT IN NO EVENT WILL PUMPTECH, INC, BE LIAELE FOR SPECIAL, DIRECT. INDIRECT, INCIOENTAL, PUNITIVE, EXEMPURY ORCONSEOUEI'IIIAL OAMAGES, HOWEVER CAUSED, INCLUOING. SUTNOT LIMITEO TO. IHOSE FOR LABOR, EXPENSES, LbSS OF PROFITS OR REVENUE, i.OST OP'ONrUNIIIrS. ON SIIIITNNDAMAG€S OFANY KIND.
by Puroh0r./. prcplrly or prop€rty lndor lhoresponrlblllly ot p!rdlE!6r.
Thl6 pFvlslon rh6ll rlNivd tho l.mlndtloh otlhoAgmomsnl govsmod lry lt;ro Tms ehd Condlltons.
'gIglllECEIISLlhls Ag€smonl shall be @n6w€d tn s@den6 wnh tho |rws otrhd Ststo ot Woshinston.
obllgallonr unddrthlsAgr€€m€nl, the pEvslllng psrty shEll bs awonjsd lts r6a6onBbloEllo.n6y [oss, and 6!l! and €xponso0 lnou@d.
rp(orqlldhrrilo.rdi$Ag,trptftttaq6t60tri.Abi.qbo0yrit&thhtll.fJqg.llqdttiirdbrlhttrBtlr!eliosod. - '
(Purcharo/s slgnaluro)(0sto)