2-WWTP Biosolids Modernization Project - Specs Volume I.pdf

CITY OF SUMNER

CONTRACT DOCUMENTS (CIP 21-17)

WASTEWATER TREATMENT PLANT BIOSOLIDS MODERNIZATION PROJECT OCTOBER 2025

City of Sumner

Pierce County, Washington

CONTRACT PROVISIONS

for

WASTEWATER TREATMENT PLANT

BIOSOLIDS MODERNIZATION

PROJECT

(City of Sumner CIP 21-17)

VOLUME I

WASTEWATER TREATMENT PLANT BIOSOLIDS MODERNIZATION PROJECT OCTOBER 2025

CERTIFICATION

The technical material and data contained in this document were prepared under the supervision and direction of the undersigned, whose seal, as a professional engineer licensed to practice as such, is affixed below.

9/29/2025

Doug Welch, P.E

Prepared By

Approved for Construction

City of Sumner Public Works Department

By:

Signature Date

Ryan Johnstone, P.E., Public Works Deputy Director – Operations

Printed Name

TABLE OF CONTENTS

VOLUME I

PART I – LEGAL DOCUMENTS

CALL FOR BIDS

BIDDER’S CHECKLIST

PROPOSAL – SIGNATURE PAGE

PROPOSAL

LOCAL AGENCY SUBCONTRACTOR LIST

PROPOSAL BOND

CERTIFICATE AS TO ENTITY PRINCIPAL

CERTIFICATE AS TO ENTITY SEAL

NON-COLLUSION DECLARATION

CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES

CONTRACT

PAYMENT AND PERFORMANCE BOND

CERTIFICATE OF INSURANCE

STATEMENT OF INTENT TO PAY PREVAILING WAGES

STATEMENT OF INTENT TO PAY PREVAILING WAGES (SAMPLE FORM)

AFFIDAVIT OF WAGES PAID (SAMPLE FORM)

REQUEST FOR RELEASE

PART II – SUPPLEMENTARY GENERAL CONDITIONS AND GENERAL CONDITIONS

PART III – TECHNICAL SPECIFICATIONS

PART IV – SUPPLEMENTAL BIDDER RESPONSIBILITY CRITERIA

PART V – GEOTECHNICAL REPORT

PART VI – NPDES PERMIT

PART VII – HAZARDOUS AREA CLASSIFICATION LETTER

PART VIII – INADVERTENT DISCOVERY PLAN

PART IX – WASHINGTON STATE PREVAILING WAGE RATES

PART X – LABOR AND INDUSTRIES POLICY STATEMENT REGARDING “STANDARD” AND

“NON-STANDARD” ITEMS (NOT USED)

VOLUME II

PART XI – PROCUREMENT OF BIOSOLIDS DRYING SYSTEM SUPPLY AND SERVICES CONTRACT

AND KOMLINE-SANDERSON PRELIMINARY EQUIPMENT SUBMITTALS

PART I

LEGAL DOCUMENTS

CITY OF SUMNER 1

CALL FOR BIDS

WASTEWATER TREATMENT PLANT

BIOSOLIDS MODERNIZATION PROJECT

(CIP 21-17)

The City of Sumner will accept Sealed Bids at the Permit Center counter located on the second floor of Sumner City Hall, 1104 Maple Street, Sumner, WA 98390, until 1:00 p.m. Thursday, November 13, 2025 (Bid Opening Date) as displayed at https://www.time.gov/. If a Bidder chooses to submit a sealed bid before the Bid Opening Date, the Bidder shall call to schedule an appointment to deliver their bid. A staff member will be present at the Permit Center counter on the Bid Opening Date to receive sealed bids between 11:00 a.m. and 1:00 p.m. Just after 1:00 p.m. on the Bid Opening Date, bids will be formally opened and publicly read aloud in the City Council Chambers, located on the first floor of Sumner City Hall. Bids received after the Bid Opening Date will be deemed non-responsive.

A pre-bid meeting will be held on Thursday, October 23, 2025 at 10:00 a.m. at the project site located at 13114 63rd Street East in Sumner, Washington 98390. Prospective bidders are encouraged to participate. Attendance of the pre-bid conference is voluntary.

The City of Sumner reserves the right to waive informalities in the bidding, accept a bid proposal of the lowest responsible and responsive bidder (Successful Bidder), reject any or all Bids, republish the Call for Bids, revise or cancel the scope of work, or require the work to be done in another way if doing so is in the best interest of the City.

All submitted bids shall be accompanied by a bid proposal deposit (certified or cashier’s check or approved bond) payable to the City of Sumner in an amount not less than five percent (5%) of the amount of the proposal price. Should the Successful Bidder fail to enter into a contract with the City and furnish a satisfactory performance bond within the time stated in the specifications, the bid proposal deposit shall be forfeited to the City of Sumner.

The City of Sumner, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

The Successful Bidder will be required to conform to the wage requirements prescribed by the federal Davis-Bacon and Related Acts which requires that all laborers and mechanics employed by contractors and subcontractors performing on contracts funded in whole or in part by SRF appropriations in excess of $2,000 pay their laborers and mechanics not less than the prevailing wage rates and fringe benefits, as determined by the Secretary of Labor, for corresponding classes of laborers and mechanics employed on similar projects in the area.

https://www.time.gov/

CITY OF SUMNER 2

WASTEWATER TREATMENT PLANT BIOSOLIDS MODERNIZATION PROJECT OCTOBER 2025

Plans, Specifications, and addenda for this project may be viewed online at the MRSC Roster Bonfire electronic bidding portal at:

https://mrscrosters.bonfirehub.com/portal/?tab=openOpportunites.

Free vendor registration is required to use this platform. It is the Bidder’s responsibility to check for addenda and other new documents online.

The public work for which bids are being accepted is described as follows:

This project will construct upgrades to the solids handling and solids treatment processes at the existing City of Sumner Wastewater Treatment Plant. These improvements will include construction of an expansion to the existing Solids Handling Building, to include the installation of the new indirect biosolids dryer, thermal fluid heaters, and all associated equipment encompassed in the biosolids dryer scope of supply. The Contractor shall be assigned the portions of the executed Contract titled Biosolids Modernization Project Biosolids Drying Equipment Procurement, for the following items as Specified in the Contract:

Equipment Supply, Construction Services, and Post Construction Services. The executed Biosolids Drying Equipment Procurement Contract is attached to the City of Sumner Wastewater Treatment Plant Biosolids Modernization Contract Documents as Part IX. The project will also include construction of a temporary haul truck loading bay to facilitate demolition of existing facilities. Modifications to existing treatment systems, structures and processes will include: replacement of the existing thickened primary sludge pumps in the existing Scum Pump Building, demolition of the existing dissolved air floatation thickener and associated equipment in Equipment Building 2 and the installation of a new rotary drum thickener and associated thickened waste activated sludge pumps, replacement of the existing digested sludge pumps, replacement of the existing thickening and dewatering polymer systems and replacement of the existing air gap system in the existing Solids Handling Building. The existing dewatered sludge conveyance system will also be reconfigured including rehabilitation of the existing dewatered sludge storage hopper, modifications to existing conveyors (both temporary and permanent) and installation of new conveyors. Other project elements include the demolition of the existing waste gas burner and the installation of a new digester gas treatment system to include a hydrogen sulfide and moisture removal and digester gas compression, as well as the installation of a new enclosed waste gas flare. In addition, the existing submersible pumps in Plant Drain Pump Station No. 1 will be replaced and the walls of the existing centrate storage tank will be raised six feet. The internal recycle pumps and anoxic zone mixers in Aeration Basins 1 and 2 and the effluent UV disinfection system will also be replaced. The project will also include installation of new and modifications to existing electrical power distribution and control equipment to support the new improvements, including the installation of a new standby generator with subbase fuel tank in a sound attenuating enclosure. Finally, the project will include construction of a new hammerhead on State Street just outside the entrance to the plant and new security fencing and access gates.

Work shall commence within ten (10) calendar days after execution of the contract and the issuance of a notice to proceed; and shall be substantially complete within three hundred ninety (390) working days and physically complete within four hundred thirty (430) working days.

https://mrscrosters.bonfirehub.com/portal/?tab=openOpportunites

CITY OF SUMNER 3

The Engineer’s estimate range for this project is between $19,000,000 and $20,500,000. For technical questions, please reach out to Courtney Littrell, City of Sumner, at 253-299-5710, bids@sumnerwa.gov.

Dated this 7 day of October 2025.

By:

Ryan Johnstone, P.E., Public Works Deputy Director – Operations

Dates of publication in the Courier Herald: October 8 and October 15, 2025

Dates of publication in the Seattle Daily Journal of Commerce: October 8 and October 15, 2025 mailto:bids@sumnerwa.gov

CITY OF SUMNER 4

WASTEWATER TREATMENT PLANT BIOSOLIDS MODERNIZATION PROJECT OCTOBER 2025

BIDDER’S CHECKLIST

The Bidder’s attention is especially called to the following forms, which must be completed in full as required and submitted collectively as the Bid Proposal package:

1. Prime Contractor must be included on plan holders list, which is developed and maintained by the Owner. Contractors can register at www.sumnerwa.gov to be added to the plan holders list.

2. Proposal Signature Page

3. Proposal

The “Price Per Unit” and “Total Amount” for all schedules must be shown in the spaces provided. “Total Bid” needs to be completed.

4. Subcontractor List - DOT Form 271-015A

5. Proposal Bond

The “Proposal Bond” form is to be completed by the Bidder and the surety company unless Bid is accompanied by a certified check, postal money order, cash, or cashier’s check. The amount of this deposit shall not be less than five (5) percent of the total amount of the Bid Proposal and may be shown in dollars or on a percentage basis.

6. Certificate as to Entity Principal

7. Certificate as to Entity Seal

8. Non-Collusion Declaration

9. Certificate of Wage Compliance

Before award the lowest responsible bidder shall provide a list of all subcontractors (names and addresses) who submitted quotes on the project.

CITY OF SUMNER 5

WASTEWATER TREATMENT PLANT BIOSOLIDS MODERNIZATION PROJECT OCTOBER 2025

PROPOSAL – SIGNATURE PAGE

The bidder is hereby advised that by signature of this proposal he/she is deemed to have acknowledged all requirements and signed all certificates contained herein.

A proposal guaranty in an amount of five percent (5%) of the total bid, based upon the approximate estimate of quantities at the above prices and in the form as indicated below is attached hereto:

Cash In the Amount of

Cashier’s Check Dollars

Certified Check ($ ) Payable to the City of Sumner

Proposal Bond In the Amount of 5% of the Bid Receipt is hereby acknowledged of addendum(s) No.(s) , , &

Signature of Authorized Official(s) Proposal Must be Signed

Title:

Firm Name:

Address:

Phone Number:

Email:

State of Washington Contractor’s License No.:

Federal ID No.

UBI #

Note:

(1) This proposal form is not transferable and any alteration of the firm’s name entered hereon without prior permission from the City of Sumner will be cause for considering the proposal irregular and subsequent rejection of the bid.

(2) Please refer to Section 1-02.6 of the standard specifications, re: “Preparation of Proposal,” or “Item 6” of the Instruction to Bidders for building construction jobs.

(3) Should it be necessary to modify this proposal either in writing or by electronic means, please make reference to the following proposal number in your communication: CIP 21- 17.

CITY OF SUMNER 6

WASTEWATER TREATMENT PLANT BIOSOLIDS MODERNIZATION PROJECT OCTOBER 2025

PROPOSAL

To: City of Sumner

1. Pursuant to and in compliance with your Advertisement for Bids and the other documents relating thereto, the undersigned Bidder, having familiarized himself with the terms of the project related to those items herein bid, being aware of the local conditions affecting the performance of a Contract covering the items bid, having knowledge of the cost of the work at the place where the work is to be done and having familiarized himself with the Contract Documents, hereby proposes and agrees to perform the work and/or to furnish the equipment, any or all of the labor, materials, tools, expendable equipment and all utility and transportation services necessary to perform a Contract covering any or all of those items herein bid and to complete in a workmanlike manner all work covered by said Contract in connection with the Owner’s WASTEWATER TREATMENT PLANT BIOSOLIDS MODERNIZATION PROJECT, CIP 21-17, for the amounts stated below.

A. BID ITEMS (See Technical Specification 01200 for description of bid items)

Wastewater Treatment Plant Biosolids Modernization Project

ITEM NO.

ESTIMATED

QUANTITY UNIT DESCRIPTION OF ITEM UNIT PRICE AMOUNT

1. 1 LS Wastewater Treatment Plant Biosolids Modernization Improvements $ $

2. 1 LS Mobilization and Demobilization $ $

3. 1 LS Biosolids Drying System Equipment Supply, Construction Services, and Post Construction Services $4,903,000.00 $4,903,000.00

4. 1 LS Trench Excavation Safety Systems $ $

5. 1 LS Temporary Bypass Pumping $ $

6. 1 LS Dewatering $ $

7. 1 LS Erosion Control $ $

8. 25 CY Unsuitable Excavation $ $

9. 1 CALC Minor Change $150,000.00 $150,000.00

Subtotal (Items 1 through 9) $______________________

Sales Tax at 9.5% $______________________

Bid Total $______________________

CITY OF SUMNER 7

WASTEWATER TREATMENT PLANT BIOSOLIDS MODERNIZATION PROJECT OCTOBER 2025

Subject to any extensions of the Contract time granted under the Contract, the undersigned agrees to substantially complete the Work required under this Contract within 390 working days (the Substantial Completion Date) and to physically complete the Work required under this contract within 430 working days (the Physical Completion Date) from when Contract Time begins.

The undersigned has reviewed and fully understands the provisions in the Contract regarding liquidated damages and agrees that liquidated damages shall be $1,500.00 per day for each and every working day beyond the Contract time allowed for substantial completion until the Substantial Completion Date is achieved and $1,500.00 for each and every working day required beyond the Contract Time for physical completion until the Physical Completion Date is achieved.

CITY OF SUMNER 8

SUBCONTRACTOR LIST

CITY OF SUMNER 9

WASTEWATER TREATMENT PLANT BIOSOLIDS MODERNIZATION PROJECT OCTOBER 2025

PROPOSAL BOND

KNOW ALL MEN BY THESE PRESENTS, That we, Of as principal, and the a corporation duly organized under the laws of the state of , and authorized to do business in the State of Washington, as surety, are held and firmly bound unto the City of Sumner in the full and penal sum of five (5) percent of the total amount of the bid proposal of said principal for the work hereinafter described, for the payment of which, well and truly to be made, we bind our heirs, executors, administrators and assigns, and successors and assigns, firmly by these presents.

The condition of this bond is such, that whereas the principal herein is herewith submitting his or its sealed proposal for the following highway construction, to wit:

said bid and proposal, by reference thereto, being made a part hereof.

NOW, THEREFORE, if the said proposal bid by said principal be accepted, and the contract be awarded to said principal, and if said principal shall duly make and enter into and execute said contract and shall furnish bond as required by the City of Sumner within a period of twenty (20) days from and after said award, exclusive of the day of such award, then this obligation shall be null and void, otherwise it shall remain and be in full force and effect.

IN TESTIMONY WHEREOF, the principal and surety have caused these presents to be signed and sealed this day of , .

(Principal)

(Surety)

(Attorney-in-fact)

CITY OF SUMNER 10

WASTEWATER TREATMENT PLANT BIOSOLIDS MODERNIZATION PROJECT OCTOBER 2025

DISADVANTAGED BUSINESS ENTERPRISE UTILIZATION

CERTIFICATICERTIFICATE AS TO ENTITY PRINCIPAL

I, ______________________________________________________________, certify that I am the _____________________________________________________ of the Entity named as Contractor in the agreement attached hereto, that __________________________________________________, who signed said agreement on behalf of the Contractor, was the _________________________________ of said entity; that said agreement was duly signed on and in behalf of said entity by authority of its governing body, and is within the scope of its powers.

Title:

State of ) ) ss.

County of )

___________________________________being duly sworn deposes and says that he/she is

________________________of__________________________________________________.

(Title) (Name of Organization)

Subscribed and sworn to before me this ____ day of ___________________, 20____.

Notary Public My commission expires _______________, 20____ Bond No.

CITY OF SUMNER 11

CERTIFICATE AS TO ENTITY SEAL

I hereby certify that I am the of the Entity named as Principal in the within Bond; that who signed the said Bond on behalf of the Principal is of said Entity; that I know his/her signature thereto is genuine, and that said Bond was duly signed, sealed, and attested for in behalf of said Entity by authority of its governing persons.

(Signature)

(Title)

A copy of this bond shall be filed with the County Auditor, except in the case where the Contract is with a City or Town.

CITY OF SUMNER 12

NON-COLLUSION DECLARATION

CITY OF SUMNER 13

Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date of October 1, 2025, the bidder is not a “willful” violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction.

I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.

Bidder’s Business Name

Signature of Authorized Official*

Printed Name

Title

Date City State Check One:

Sole Proprietorship ☐ Partnership ☐ Joint Venture ☐ Corporation ☐

State of Incorporation, or if not a corporation, State where business entity was formed:

If a co-partnership, give firm name under which business is transacted:

* If a corporation, proposal must be executed in the corporate name by the president or vice -president (or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner.

CITY OF SUMNER 14

WASTEWATER TREATMENT PLANT BIOSOLIDS MODERNIZATION PROJECT OCTOBER 2025

PUBLIC WORKS CONTRACT

between City of Sumner and

THIS AGREEMENT, made and entered into this _______day of ____________________, __________, between the City of Sumner under and by virtue of Title 35 RCW (Cities and towns) as amended and , hereinafter called the Contractor.

WITNESSETH:

That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows:

I. The Contractor shall do all work and furnish all tools, materials and equipment for

City of Sumner – Wastewater Treatment Plant Biosolids Modernization

Project in accordance with and as described in the (a) attached plans and specifications, (b) the standard specifications of the Washington State Department of Transportation, and (c) all other documents, specifications, provisions and required regulations contained in the Bid Document package provided at bid opening, all of which are considered the “Contract Documents” and are incorporated herein by this reference and made part hereof as if fully set forth in this contract, and, shall perform any changes in the work in accord with the Contract Documents.

The Contractor 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 the work provided for in these Contract Documents except those items mentioned therein to be furnished by the City of Sumner.

II. The City of Sumner hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same in accord with the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices at the time and in the manner upon the conditions provided for in this contract. The Contractor for himself/herself, and for his/her heirs, executors, administrators, successors, and kin, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor.

CITY OF SUMNER 15

WASTEWATER TREATMENT PLANT BIOSOLIDS MODERNIZATION PROJECT OCTOBER 2025

III. Insurance and Indemnity. The following insurance and indemnification provisions shall apply to all of the above described work.

The Contractor shall defend, indemnify and hold the Public Entity, 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 Agreement, except for injuries and damages caused by the sole negligence of the Public Entity.

Should a court of competent jurisdiction determine that this Agreement 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 of the Contractor and the Public Entity, its officers, officials, 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 understood that the indemnification provided herein constitutes the Contractor’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement.

A. Insurance Term

The Contractor shall procure and maintain insurance, as required in this Section, without interruption from commencement of the Contractor’s work through the term of the contract and for thirty (30) days after the Physical Completion date, unless otherwise indicated herein.

B. 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 Public Entity’s recourse to any remedy available at law or in equity.

C. Minimum Scope of Insurance

The Contractor’s required insurance shall be of the types and coverage as stated below:

1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles.

Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01.

2. Commercial General Liability insurance shall be at least as broad as ISO occurrence form

CG 00 01 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 a per project general aggregate limit, using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The Public

Entity shall be named as an additional insured under the Contractor’s Commercial General

Liability insurance policy with respect to the work performed for the Public Entity using

ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed

Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage.

CITY OF SUMNER 16

WASTEWATER TREATMENT PLANT BIOSOLIDS MODERNIZATION PROJECT OCTOBER 2025

3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington.

4. Builders Risk insurance covering interests of the Public Entity, the Contractor, Subcontractors, and Sub-subcontractors in the work. Builders Risk insurance shall be on a special perils policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, and collapse. The Builders Risk insurance shall include coverage for temporary buildings, debris removal, and damage to materials in transit or stored off-site. This

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 Public Entity upon written request by the

Contractor and written acceptance by the Public Entity. Any increased deductibles accepted by the Public Entity will remain the responsibility of the Contractor. The Builders

Risk insurance shall be maintained until the Public Entity has granted substantial completion of the project. An installation floater may be acceptable in lieu of Builders Risk for renovation projects only if approved in writing by the Public Entity.

D. Minimum Amounts of Insurance

The Contractor shall maintain the following insurance limits:

1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident.

2. Commercial General Liability insurance shall be written with limits no less than

$2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit.

3. Builders Risk insurance shall be written in the amount of the completed value of the project with no coinsurance provisions.

E. Public Entity Full Availability of Contractor Limits

If the Contractor maintains higher insurance limits than the minimums shown above, the Public

Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the

Contractor are greater than those required by this contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the

Contractor.

F. Other Insurance Provision

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 respect the Public Entity. Any insurance, self-insurance, or self-insured pool coverage maintained by the

Public Entity shall be excess of the Contractor’s insurance and shall not contribute with it.

CITY OF SUMNER 17

G. Contractor’s Insurance for Other Losses

The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor’s employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor’s agents, suppliers, contractors or subcontractors as well as to any temporary structures, scaffolding and protective fences.

H. Waiver of Subrogation

The Contractor and the Public Entity waive all rights against each other, any of their

Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise.

I. Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII.

J. Verification of Coverage

The Contractor shall furnish the Public Entity with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsements, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the

Contractor shall file with the Public Entity a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this project. Upon request by the Public Entity, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this contract and evidence of all subcontractors’ coverage.

K. Subcontractors

The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor’s Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and

CG 20 37 10 01 for completed operations.

L. Notice of Cancellation

The Contractor shall provide the Public Entity and all Additional Insureds for this work with written notice of any policy cancellation within two business days of their receipt of such notice.

CITY OF SUMNER 18

M. Failure to Maintain Insurance

Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the Public Entity 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 Public Entity on demand, or at the sole discretion of the

Public Entity, offset against funds due the Contractor from the Public Entity.

N. Additional Insurance

All insurance policies, with the exception of Workers Compensation, and of Professional

Liability and Builder’s Risk (if required by this Contract) shall name the following listed entities as additional insured(s) using the forms or endorsements required herein:

▪ the Contracting Agency and its officers, elected officials, employees, agents, and volunteers

The above-listed entities shall be additional insured(s) for the full available limits of liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract, and irrespective of whether the Certificate of

Insurance provided by the Contractor pursuant to describes limits lower than those maintained by the Contractor.

For Commercial General Liability insurance coverage, the required additional insured endorsements shall be at least as broad as ISO forms CG 20 10 10 01 for ongoing operations and

CG 20 37 10 01 for completed operations.

IV. Contractor’s Employees – Employment Eligibility Requirements (E-Verify).

The Contractor and any subcontractors shall comply with E-Verify as set forth in Sumner

Municipal Code Chapter 3.30. E-Verify is an Internet-based system operated by United States

Citizenship and Immigration Services in partnership with the Social Security Administration. E-

Verify is free to employers and is available in all 50 states. E-Verify provides an automated link to federal databases to help employers determine employment eligibility of new hires and the validity of their Social Security numbers. The Contractor shall enroll in, participate in and document use of E-Verify as a condition of the award of this contract. The Contractor shall continue participation in E-Verify throughout the course of the Contractor’s contractual relationship with the City. If the Contractor uses or employs any subcontractor in the performance of work under this contract, or any subsequent renewals, modifications or extension of this contract, the subcontractor shall register in and participate in E-Verify and certify such participation to the Contractor. Upon execution of this Contract, the Contractor shall provide proof of compliance with this section by filling out and signing the attached Certification of Compliance with Sumner’s Municipal Code 3.30 “E-Verify” attached hereto as Exhibit B.

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WASTEWATER TREATMENT PLANT BIOSOLIDS MODERNIZATION PROJECT OCTOBER 2025

V. It is further provided that no liability shall attach to the City of Sumner by reason of entering into this contract except as provided herein.

VI. Debarment. The Contractor must certify that it, and its subcontractors, have not been and are not currently on the Federal or the Washington State Debarment List and if the

Contractor or its subcontractors become listed on the Federal or State Debarment List, the City will be notified immediately.

VII. Application of Uniform Guidance. If this contract involves the use, in whole or in part, of federal award(s), provisions (A)-(J) in Appendix II to Part 200 of the Uniform Guidance

(2 CFR Ch. 11 (1-1-14 edition) are hereby incorporated, as applicable, as if fully set forth herein.

See attached Exhibit C.

IN WITNESS WHEREOF, the Contractor has executed this instrument, on the day and year first below written and the Local Agency Approving Authority has caused this instrument to be executed by and in the name of said City of Sumner the day and year first above written.

CONTRACTOR:

(signature)

Print Name:

Its

DATE:

CITY OF SUMNER:

Print Name: Kathy Hayden

Its Mayor

Print Name: Jason Wilson

Its City Administrator

Attest: Approved as to form:

City Clerk City Attorney

DATE: DATE:

NOTICES TO BE SENT TO:

CONTRACTOR:

(telephone) (facsimile)

NOTICES TO BE SENT TO:

CITY OF SUMNER:

City of Sumner 1104 Maple Street

Sumner, WA 98390 253-299-XXXX (telephone) 253-299-XXXX (facsimile)

CITY OF SUMNER 20

WASTEWATER TREATMENT PLANT BIOSOLIDS MODERNIZATION PROJECT JUNE 2025

EXHIBIT B

CERTIFICATION OF COMPLIANCE WITH SUMNER MUNICIPAL CODE CHAPTER 3.30

“E-VERIFY“

As the person duly authorized to enter into such commitment for

I hereby certify that the Company or Organization named herein will

(check one box below)

Be in compliance with all of the requirements of City of Sumner Municipal Code Chapter 3.30 for the duration of the contract entered into between the City of Sumner and the Company or Organization.

OR

Hire no employees for the term of the contract between the City and the Company or Organization.

NAME

TITLE

DATE

CITY OF SUMNER 21

CITY OF SUMNER 22

CITY OF SUMNER 23

CITY OF SUMNER 24

CITY OF SUMNER 25

CITY OF SUMNER 26

CITY OF SUMNER 27

CITY OF SUMNER 26

WASTEWATER TREATMENT PLANT BIOSOLIDS MODERNIZATION PROJECT OCTOBER 2025

PAYMENT AND PERFORMANCE BOND

TO CITY OF SUMNER

KNOW ALL MEN BY THESE PRESENTS:

That we, the undersigned, ________________________________________ as Principal, and _____________________________________________________ a Corporation organized and existing under the laws of the State of Washington, as a Surety Corporation, and qualified under the laws of the State of Washington to become Surety upon bonds of Contractors with Municipal Corporations, as Surety, are jointly and severally held and firmly bound to the CITY OF SUMNER in the penal sum of $ (which includes WA State Sales Tax) together with any adjustments, up or down, in the total contract price because of changes in the contract work, for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be.

This obligation is entered into in pursuance of the statutes of the State of Washington, and the Codes and Ordinances of the CITY OF SUMNER.

Nevertheless, the conditions of the above obligation are such that:

WHEREAS, under and pursuant to a motion, duly made, seconded and passed by the City Council of the City of Sumner, Pierce County, Washington, the Mayor of the City of Sumner has let or is about to let to the above bounden Principal, a certain contract, the said contract providing for construction of CIP 21-17 Wastewater

Treatment Plant Biosolids Modernization Project (which contract is referred to herein and is made a part hereof as though attached hereto), and

WHEREAS, the Principal has accepted, or is about to accept, the contract, and undertake to perform the work therein provided for in the manner and within the time set forth:

NOW, THEREFORE, if the Principal shall faithfully perform all the provisions of said contract in the manner and within the time herein set forth, or within such extensions of time as may be granted under the said contract, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work and shall indemnify and hold the CITY OF SUMNER harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing in the material or workmanship provided or performed under said contract, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect.

WARRANTY, Upon acceptance of the contract work, Contractor must provide the City a two-year warranty bond in the amount of 20% of the contract value specified above and in a form acceptable to the City. The contractor shall correct all defects in workmanship and materials within two (2) years from the date of the city’s acceptance of the Contract work. In the event any parts are repaired or replaced, CITY OF SUMNER 27

WASTEWATER TREATMENT PLANT BIOSOLIDS MODERNIZATION PROJECT OCTOBER 2025

only original replacement parts shall be used, rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is complete and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not complete the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction.

IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their separate seals. The name and corporate seal (if required by law) of each corporate party is hereto affixed and duly signed by its undersigned representatives pursuant to authority of its governing body.

TWO WITNESSES:

PRINCIPAL (enter principal’s name above)

_________________________ BY: _________________________

_________________________ TITLE: _________________________

DATE: ____________________ DATE: _________________________

_________________________ CORPORATE SEAL:

PRINT NAME

DATE: ____________________ _______________________________

SURETY

CORPORATE SEAL: BY: ___________________________

DATE: _________________________

TITLE: _________________________

ADDRESS: _____________________

CITY OF SUMNER 28

CERTIFICATE AS TO CORPORATE SEAL

I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within Bond; that _______________________________________

Who signed the said bond on behalf of the Principal _________________________ Of the said Corporation; that I know his signature thereto is genuine, and that said Bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body.

SECRETARY OR ASSISTANT SECRETARY

CITY OF SUMNER 29

CITY OF SUMNER 30

WASTEWATER TREATMENT PLANT BIOSOLIDS MODERNIZATION PROJECT OCTOBER 2025

STATEMENT OF INTENT TO PAY PREVAILING WAGES

(Public Works Contract)

RCW 39.12.040

Statement of intent to pay prevailing wages, affidavit of wages paid — Duty of public agencies to require

— Approval — Prerequisite to payment — Alternative procedure.

(1) Except as provided in subsection (2) of this section, before payment is made by or on behalf of the state, or any county, municipality, or political subdivision created by its laws, of any sum or sums due on account of a public works contract, it shall be the duty of the officer or person charged with the custody and disbursement of public funds to require the contractor and each and every subcontractor from the contractor or a subcontractor to submit to such officer a “Statement of Intent to Pay Prevailing Wages.” For a contract in excess of ten thousand dollars, the statement of intent to pay prevailing wages shall include:

(a) The contractor’s registration certificate number; and

(b) The prevailing rate of wage for each classification of workers entitled to prevailing wages under RCW

39.12.020 and the estimated number of workers in each classification.

Each statement of intent to pay prevailing wages must be approved by the industrial statistician of the department of labor and industries before it is submitted to said officer. Unless otherwise authorized by the department of labor and industries, each voucher claim submitted by a contractor for payment on a project estimate shall state that the prevailing wages have been paid in accordance with the prefiled statement or statements of intent to pay prevailing wages on file with the public agency. Following the final acceptance of a public works project, it shall be the duty of the officer charged with the disbursement of public funds, to require the contractor and each and every subcontractor from the contractor or a subcontractor to submit to such officer an “Affidavit of Wages Paid” before the funds retained according to the provisions of RCW 60.28.010 are released to the contractor. Each affidavit of wages paid must be certified by the industrial statistician of the department of labor and industries before it is submitted to said officer.

(2) As an alternate to the procedures provided for in subsection (1) of this section, for public works projects of two thousand five hundred dollars or less:

(a) An awarding agency may authorize the contractor or subcontractor to submit the statement of intent to pay prevailing wages directly to the officer or person charged with the custody or disbursement of public funds in the awarding agency without approval by the industrial statistician of the department of labor and industries. The awarding agency shall retain such statement of intent to pay prevailing wages for a period of not less than three years.

(b) Upon final acceptance of the public works project, the awarding agency shall require the contractor or subcontractor to submit an affidavit of wages paid. Upon receipt of the affidavit of wages paid, the awarding agency may pay the contractor or subcontractor in full, including funds that would otherwise be retained according to the provisions of RCW 60.28.010. Within thirty days of receipt of the affidavit of wages paid, the awarding agency shall submit the affidavit of wages paid to the industrial statistician of the department of labor and industries for approval.

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WASTEWATER TREATMENT PLANT BIOSOLIDS MODERNIZATION PROJECT OCTOBER 2025

(c) A statement of intent to pay prevailing wages and an affidavit of wages paid shall be on forms approved by the department of labor and industries.

(d) In the event of a wage claim and a finding for the claimant by the department of labor and industries where the awarding agency has used the alternative process provided for in subsection (2) of this section, the awarding agency shall pay the wages due directly to the claimant. If the contractor or subcontractor did not pay the wages stated in the affidavit of wages paid, the awarding agency may take action at law to seek reimbursement from the contractor or subcontractor of wages paid to the claimant, and may prohibit the contractor or subcontractor from bidding on any public works contract of the awarding agency for up to one year.

(e) Nothing in this section shall be interpreted to allow an awarding agency to subdivide any public works project of more than two thousand five hundred dollars for the purpose of circumventing the procedures required by RCW 39.12.040(1).

CITY OF SUMNER 32

CITY OF SUMNER 33

CITY OF SUMNER 34

ASSIGNMENT OF BIOSOLIDS MODERNIZATION PROJECT

BIOSOLIDS DRYING EQUIPMENT PROCUREMENT CONTRACT (CIP 21-17)

To

[CONTRACTOR]

THIS AGREEMENT, made and entered into this ___________ day of _____________, 2025, by the City of Sumner (hereinafter “City”), a municipal corporation in the State of

Washington, Komline-Sanderson Corporation (hereinafter “Supplier”), a corporation organized under the laws of the State of _________________, and _______________________ (hereinafter

“Contractor”), a corporation organized under the laws of the State of ____________________.

WHEREAS, City contracted with Supplier to furnish the Biosolids Drying Equipment;

WHEREAS, City has entered into an agreement with Contractor for the installation of the

Biosolids Drying Equipment and ancillary work;

WHEREAS, the agreement between City and Contractor contemplates the assignment of the contract;

WHEREAS, it is intended that Contractor will coordinate with Supplier for the supply, delivery, storage, and installation of the Biosolids Drying Equipment;

WHEREAS, to assist in the housing and installation of the Biosolids Drying Equipment the parties agree to assign City’s responsibilities in the contract to Contractor;

NOW WHEREAS, it is mutually agreed by and between the undersigned parties as follows:

1. The contract between City and Supplier for the procurement of the Biosolids

Drying Equipment from the executed contract titled “Biosolids Modernization

Project Biosolids Drying Equipment Procurement,” (see Part XI) except for work associated with Bid Item No. 1 titled “Preconstruction Services” in said contract is hereby assigned, transferred, and set over to Contractor for the General

Construction Work, who shall be totally responsible for all work performed by the assigned and for City’s obligations contained in the contract documents and the Final Shop Drawings. Contractor shall provide all items not supplied by the

Supplier including that specified in the Technical Specifications for a complete and operable Biosolids Drying Equipment facility. This assignment will be effective when signed by all three parties.

2. This assignment of the contract is intended to facilitate the smooth provision of technical information and support between Contractor and Supplier during the course of General Construction Work (i.e., the installation of the Biosolids

Drying Equipment), while retaining City’s rights to enforce all guarantees, warranties and service programs under the contract. Until final acceptance of the

General Construction Work, both the Contractor and City may enforce all guarantees, warranties and service programs under the contract. Upon final acceptance of the General Construction Work, the Contractor shall assign the contract back to the City. This second assignment will occur automatically upon final acceptance, without further action by the signatories below. Prior to and following final acceptance, Contractor shall provide City with all information and/or assistance necessary for maintaining City’s continuing rights under the contract including, but not limited to, all guarantees, warranties and service programs.

ASSIGNMENT DIRECTED BY: City of Sumner

Date:

[NAME/TITLE]

ASSIGNMENT CONSENTED TO BY: Komline-Sanderson Corporation

ASSIGNMENT ACCEPTED BY: [CONTRACTOR]

APPROVED AS TO FORM:

City Attorney

PART II

SUPPLEMENTARY GENERAL CONDITIONS

AND GENERAL CONDITIONS

SGC-1

The General Conditions shall be supplemented as follows:

2.01 BID PROCEDURES AND CONDITIONS

Under Section 2-01.8.3. delete Criteria 9 in its entirety and replace with the following:

i. Criteria 9 – Capacity and Experience

1. Criterion: The Bidder shall have sufficient current capacity and the project superintendent assigned to the project shall have experience to meet the requirements of this project. The Bidder and the project superintendent shall have successfully completed, and/or currently have under construction, at least two projects as the prime contractor or majority partner in a joint venture, of a similar size and scope, during the 10-year period immediately preceding the bid submittal deadline for this project. Similar size is defined as a minimum of 60 percent of the bid amount submitted by the Bidder, with the value of past projects adjusted from the date of completion of those projects to the bid date based on the

Engineering New Record Construction Cost Index for the Seattle area.

2. Documentation: The Bidder shall, if and when required as detailed below, on a form to be provided by the Owner, provide the

Bidder’s gross dollar amount of work currently under contract, the

Bidder’s gross dollar amount of contracts currently not completed, five major pieces of equipment anticipated to be on the project and whether the equipment is leased or owned, the superintendent assigned to this project and their number of years of experience, and two project references of similar size and scope…