Invitation to Bid 2026-Water Tank Cleaning Final.pdf

INVITATION TO BID

Inspecting and Cleaning Services City’s Water System Tanks

TABLE OF CONTENTS

Call for Bids ................................................................................................................................. Section I

Bid Proposal/Price List ........................................................................................................ Section II

Instructions to Bidders ........................................................................................................ Section III

Specifications .......................................................................................................................... Section IV

Bid Bond……………………………………………………………………… ..................................... Section V

Non-Collusion Affidavit ....................................................................................................... Section VI

Anti-Discrimination Affidavit ........................................................................................... Section VII

Contractor Certification of Wage Law Compliance ............................................... Section VIII

Statement of Bidder’s Qualifications .............................................................................. Section IX

Small Works Contract ............................................................................................................ Section X

SECTION I

CALL FOR BID

The City of Oak Harbor will receive bids until 2:00 p.m. (PST) Wednesday, July 15, 2026, at the office of the City Clerk, 865 SE Barrington Drive, at which time they will be opened and publicly read aloud for the services of inspecting and cleaning of the City’s Water System Tanks.

Any questions, and/or comments, or objections to the bid documents and/or specifications shall be submitted in writing to Sandra Place, Administration Manager, at least five (5) days prior to the bid opening date. If necessary, an addendum will be issued to all bidders who obtained bid documents.

The City of Oak Harbor reserves the right to reject any and/or all bids and to waive any informalities in the form of bid. The City also reserves the right to waive individual specifications if it is satisfied that the bid otherwise meets the performance standards set by these specifications.

Specifications may be obtained online at https://oakharbor.gov/Bids.aspx.

Julie Nester, City Clerk

Published: Daily Journal of Commerce-June 20, 2026, and June 27, 2026 Whidbey News-Times – June 20, 2026, and June 27, 2026

SECTION II

BID PROPOSAL

Inspecting and Cleaning Services-City’s Water System Tanks

TO: Oak Harbor City Council Oak Harbor, Washington

Ladies and Gentlemen:

The undersigned hereby certifies that he has read the "Call for Bids", "Instructions to Bidders", and the "Specifications" pertaining to this bid proposal and that he thoroughly understands and agrees to furnish the equipment and/or services in the time and at the prices set forth below:

ITEM #

1. Provide the specified tank inspection and cleaning, which includes all labor, materials, supplies, hardware, shipping, disposal, overhead, and profit necessary for the completion of these services, as required.

DESCRIPTION AMOUNT

North Reservoir

West Reservoir 1

West Reservoir 2

East Reservoir

Bid Subtotal

9.3% Sales Tax

Bid Total

The undersigned Bidder acknowledges receipt of the following addendum(s).

Addendum NO. ____________ Date ___________

Addendum NO. ____________ Date ___________

Address and mark envelope to: City of Oak Harbor Sandra Place 865 SE Barrington Drive Oak Harbor, WA 98277

" Inspecting and Cleaning Services-City’s Water System Tanks”

Bid Due Date: 2:00 p.m. (PST) Wednesday, July 15, 2026

Bidder

By

(Authorized representative – Please Print)

Signature/Date

Address

Phone

E-mail address ___________________________________________________

Uniformed Business No. (UBI) _____________________________________

SECTION III

INSTRUCTIONS TO BIDDERS

1. Bid due date will be Wednesday, July 15, 2026, at 2:00 p.m.

2. All bids must be sealed in an envelope and plainly marked on the outside of the envelope

“Inspecting and Cleaning Services-City’s Water System Tanks.” The envelope shall bear the Bidder's name and address.

3. Washington State sales tax shall be submitted as a separate item.

4. Federal excise tax shall be excluded.

5. NO ESTIMATES WILL BE ACCEPTED.

6. A site visit is highly encouraged but not required. Please e-mail Sandra Place at splace@oakharbor.org to make arrangements.

7. Prevailing wages apply.

8. The City of Oak Harbor reserves the right to consider delivery time, to reject any and/or all bids, to waive any informalities in the bidding, and to accept the best and most satisfactory bid.

9. The City also reserves the right to waive individual specifications if it is satisfied that the bid otherwise meets the performance standards set by these specifications.

10. No bidder may withdraw its bid for a period of sixty (60) days after the date set for bid opening.

11. Proposals must include the unit price and/or lump-sum price bid, with the unit price and the total price shown.

12. The proposal signature sheet must be filled in and signed by the bidder.

13. All Addenda must be signed and accompany the proposal.

14. A bid bond, certified check, cashier’s check, or cash in the amount of 5 percent (5%) of the Total bid must be included.

15. The attached Small Works Roster Contract will need to be completed and is required before work begins.

SECTION IV

SPECIFICATIONS FOR: Inspecting and Cleaning Services-City’s Water System Tanks

INTENT:

The City of Oak Harbor is in Island County, Washington. The City is seeking the services of a qualified contractor to provide potable water tank inspection and cleaning services.

The proposed work will include inspections of the interior and exterior of 4 potable water storage tanks, as well as interior cleaning, and a condition assessment report detailing observations, deficiencies, and recommended corrective actions.

The tanks are all located within approximately 1 square mile of Oak Harbor City limits.

DETAILED MINIMUM SPECIFICATIONS:

SPECIFICATIONS: Specifications are to be met or exceeded.

EXCEPTIONS: The bidder must list any exceptions (major or minor) to the specifications. The bidder must prove “an equal” in writing with literature. This information must be in the bid package and cannot be supplied later.

INTERGOVERNMENTAL PURCHASING:

This City of Oak Harbor contract provides the right for other government agencies to purchase directly from this contract. This contract shall follow the City of Oak Harbor small works roster bid requirements as outlined in the purchasing policy and procedures manual

SCOPE OF WORK

The Contractor shall:

1. Inspect all reservoirs for sediment and defects.

EXCEPTIONS: _____________________________________

2. Clean as necessary to remove all sediment, debris, and bacteria-harboring media.

EXCEPTIONS: _____________________________________

3. Record all procedures using cameras capable of capturing the entire interior surface in high-resolution video, with narration. The video recording will play back on Microsoft Media Player.

EXCEPTIONS: _____________________________________

4. Provide live video feed and live voice communication for monitoring of the entire procedure.

EXCEPTIONS: _____________________________________

5. Defects shall be noted on the inspection report, with the option for the owner to repair.

EXCEPTIONS: _____________________________________

6. Final report of inspection findings and recommendations to be provided in Adobe PDF format and sent on a USB drive, compact disc, or by electronic mail (email).

EXCEPTIONS: _____________________________________

7. Inspections and cleanings shall be completed by September 30, 2026.

EXCEPTIONS: _____________________________________

8. Final reports shall be submitted to the City of Oak Harbor by October 31, 2026.

EXCEPTIONS: _____________________________________

9. Guarantee all bids are valid for a minimum of thirty (30) days from the date of submission.

EXCEPTIONS: _____________________________________

10. Reservoirs will be left in service during cleaning.

EXCEPTIONS: _____________________________________

11. Inspection and cleaning procedures shall not create any visible turbidity in the water column. Preferred cleaning equipment ‘scrubs’ the interior surface using a rotating brush or an approved equivalent method or equipment.

EXCEPTIONS: _____________________________________

12. All divers entering reservoirs/tanks must wear a disinfected, vulcanized-rubber dry suit and a hard hat or helmet dedicated for use in potable water. SCUBA and full-face mask gear is not acceptable.

EXCEPTIONS: _____________________________________

13. All diving equipment and procedures must meet WISHA, OSHA, ANSI, and ACDE regulations and guidelines. Additionally, procedures for potable water reservoir cleaning (including disinfection) must meet the requirements of AWWA C652-02 and the Washington State Department of Health-established guidelines.

EXCEPTIONS: _____________________________________

Tank Name Capacity (Gals) Dimension Type Hatch Size

North Reservoir 4 MG 123’ x 45’ Welded 30” x 30”

West Reservoir 1 2 MG 80’ x 55’ Welded 30” x 30”

West Reservoir 2 500,000 40’ x 55’ Welded 24” x 24”

East Reservoir 500,000 40’ x 55’ Welded 30” x 30”

North Reservoir

West Reservoir 1 & 2

East Reservoir

SECTION V

BID BOND FORM

Herewith find deposit in the form of certified check, cashier’s check, cash or bid bond in the amount of $ which amount is not less than five percent (5%) of the total bid.

Signature

KNOW ALL MEN BY THESE PRESENTS:

That we, , as Principal, and , as Surety, are held and firmly bound unto the City of Oak Harbor, as Obligee in the penal sum of dollars, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents.

The condition of this obligation is such that if the Obligee shall make any award to the Principal for according to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the obligee; or if the Principal shall, in case of failure so to do, pay and forfeit to the Obligee the penal sum amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond.

SIGNED, SEALED AND DATED DAY OF , 20 .

Principal

Surety

Received return of deposit in the sum of $ .

SECTION VI

NON-COLLUSION AFFIDAVIT

STATE OF WASHINGTON

COUNTY OF_____________________

I, the undersigned, an authorized representative of___________________________________ (CONTRACTOR), being first duly sworn, on his oath says that the Bid above submitted is genuine and not a sham or collusive Bid, or made in the interest or on behalf of any person not therein made; and he further says that the said Bidder has not directly or indirectly induced or solicited any bidder on the above work or supplies to put in a sham Bid or any other person or corporation to refrain from bidding; and that said Bidder has not in any manner sought by collusion to secure to itself an advantage over other Bidder or Bidders.

Contractor’s Signature

Subscribed and sworn to before me this_________ day of ______________ , 2026.

NOTARY PUBLIC in and for the State of Washington, Residing at:________________________________________

My Commission Expires:_____________________________

SECTION VII

ANTI-DISCRIMINATION AFFIDAVIT

STATE OF WASHINGTON

COUNTY OF_____________________

The Bidder hereby covenants, stipulates and agrees that no person shall be discriminated against in the bidding of the services and/or materials hereinunder and that the Bidder shall not refuse to hire any person therefore because of such person’s race, creed, sex, color or national origin, unless based on bona fide occupational qualification. Also, the Bidder will in no manner discriminate against any person because of such person’s race, creed, sex, color or national origin. Any such discrimination shall be deemed a violation of this Bid and shall render this Bid subject to forfeiture.

Subscribed and sworn to before me this_________ day of ______________ , 2026.

NOTARY PUBLIC in and for the State of Washington, Residing at:________________________________________

My Commission Expires:_____________________________

SECTION VIII

CONTRACTOR CERTIFICATION OF WAGE LAW COMPLIANCE

FAILURE TO RETURN THIS CERTIFICATION AS PART OF THE BID PROPOSAL PACKAGE WILL

MAKE THIS BID NONRESPONSIVE AND INELIGIBLE FOR AWARD

I hereby certify, under penalty of perjury under the laws of the State of Washington, on behalf of the firm identified below that, to the best of my knowledge and belief, this firm has NOT been determined by a final and binding citation and notice of assessment issued by the Washington State Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the Call for Bids.

Name of Contractor/Bidder

Title of Person Signing

Date City State

SECTION IX

STATEMENT OF BIDDER’S QUALIFICATIONS

All questions must be answered. Failure to return the Statement of Bidders Qualifications as part of the Bid Proposal package will make this bid nonresponsive and ineligible for award.

Company Name: _____________________________________________

Date Organized:______________________________________________

Prior Company Names:________________________________________

1. Does your company have at least five years of experience inspecting and cleaning municipal water tanks?

(Circle One) Yes No

2. Are you registered on the Washington State MRSC Contractor Roster and meet prevailing wage requirements?

(Circle One) Yes No

3. List similar potable water tank inspection/cleaning projects completed in the past 3 years.

Reference #1

Project Name:_____________________________________ Client Name:______________________________________ Phone Number: ___________________________________ Completed in the last 3 years: Yes No

Reference #2

Project Name:_____________________________________ Client Name:______________________________________ Phone Number: ___________________________________

Completed in the last 3 years: Yes No

Reference #3

Project Name:_____________________________________ Client Name:______________________________________ Phone Number: ___________________________________

Completed in the last 3 years: Yes No

4. List employees below or provide a sheet indicating qualifications and years of experience.

Employee #1

Name: __________________________________________________ Years of Experience:______________________ Current Position: _________________________ Available for this Project: Yes No Certifications:_______________________

Employee #2

Name: __________________________________________________ Years of Experience:______________________ Current Position: _________________________ Available for this Project: Yes No Certifications:_______________________

Employee #3

Name: __________________________________________________ Years of Experience:______________________ Current Position: _________________________ Available for this Project: Yes No Certifications:_______________________

SECTION X

SMALL WORKS CONTRACT

Small Public Works Contract 1

CONTRACT NUMBER:

CITY OF OAK HARBOR

Oak Harbor, WA 98277 Phone: (360) 279-4500 www.oakharbor.org

SMALL PUBLIC WORKS CONTRACT

(MORE THAN $50,000, UP TO AND INCLUDING $350,000)

YES NO

Prevailing Wage Required ☐ ☐

Unit Priced Contract ☐ ☐

THIS CONTRACT (“Contract”) is made and entered into by and between the CITY OF OAK HARBOR, a Washington municipal corporation (“City”), and (“Contractor”).

Project Name:

Commencing:

Terminating:

Amount Not to Exceed: $ (includes Washington State sales tax, if applicable)

RECITALS

WHEREAS, the City has determined the need to have certain services performed for its citizens, but does not have the manpower or expertise to perform such services; and

WHEREAS, pursuant to the invitation of the City, extended through the Municipal Research and Services Center’s Small Works Roster, of which the City is a member, the Contractor did file with the City a proposal containing an offer; and

WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions;

NOW, THEREFORE, in consideration of the terms and conditions contained in this Contract, the parties covenant and agree as follows:

1. Scope of Work to be Accomplished. The Contractor shall perform the services described in Exhibit A attached to this Contract (“Work”). The Contractor shall provide and bear the expense of all equipment, materials, 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 this Contract, unless

Small Public Works Contract 2 otherwise specified in the attached plans, specifications, or Scope of Work. The Contractor shall perform all services diligently and completely and in accordance with professional standards of conduct and performance and shall comply with all federal, state, and local laws and regulations applicable to the performance of such services.

2. Contract Documents. The Contract consists of the following documents, which are all incorporated by reference:

a. This Contract and all exhibits attached thereto;

b. The request for proposal, invitation to bid, or other City-issued request for project submittals;

c. The submitted project quote, bid, or proposal;

d. Scope of Work (Exhibit A);

e. Maps and plans;

f. Special provisions, if any; and

g. All documents required under this Contract, including, but not limited to:

• Documentation evidencing insurance;

• Copy of the Contractor’s state contractor license and UBI number;

• Copy of the Contractor’s business license;

• Employment Security Department number, if applicable;

• State excise tax registration, if applicable;

• Industrial insurance coverage, if applicable; and

• Proof of required prevailing wage/public works training (per RCW 39.04.350) or proof of exemption, if applicable.

The intent of these documents shall include all labor, materials, appliances, and services of every kind necessary for the proper execution of the Work, and the terms and conditions of payment therefore.

The documents shall be considered as one, and whatever is called for by any one of the documents shall be binding as if called for by all.

3. Payment. The City shall pay the Contractor for the Work rendered according to the following procedures and subject to the following requirements:

3.1. The Contractor shall submit invoices for the Work performed to the City’s Finance Department. The City shall pay the Contractor for the actual Work completed to the satisfaction of the City and in conformance with this Contract. There is no guarantee that the full contract amount will be expended. The City shall pay the Contractor for services satisfactorily rendered within ten (10) days after City Council approval of each payment.

3.2. If prevailing wages are required, the invoice shall bear the following signed statement:

I certify that wages paid under this contract are equal to, or greater than, the applicable wage rates set forth in the Washington State prevailing wage rates for public works contracts issued by the Washington State Department of Labor and Industries.

Small Public Works Contract 3

3.3. The Contractor shall complete and return the attached Form W-9, “Request for Taxpayer Identification Number,” prior to, or along with, the first invoice submittal. In order to receive payment from the City, the Contractor shall have either a tax identification number or a Social Security number. The Internal Revenue Service Code requires a Form 1099 for payments to every person or organization, other than a corporation, for services performed in the course of trade or business. Further, the law requires the City to withhold twenty (20) percent on reportable amounts paid to unincorporated persons who have not supplied the City with the correct tax identification number or Social Security number.

3.4. If, during the course of this Contract, the Work rendered does not meet the requirements set forth in this Contract, the Contractor shall correct or modify the required Work to comply with the requirements of this Contract. The City shall have the right to withhold payment for such Work until it meets the requirements of this Contract. No payments shall be made for any Work performed by the Contractor except for the Work identified and set forth in this Contract.

4. Warranties/Guaranty.

4.1. The Contractor warrants that all Work conforms to the requirements of this Contract and is free from any defect in equipment, material, design, or workmanship performed by the Contractor or its subcontractors and suppliers. The warranty period shall be for the longer period of: one (1) year from the date of the City’s final acceptance of the entire Work or the duration of any special extended warranty offered by the Contractor or its subcontractors and suppliers.

4.2. With respect to all warranties, express or implied, for Work performed or materials furnished according to this Contract, the Contractor shall:

a. Obtain all warranties that would be given in normal commercial practice from the supplier and/or manufacturer;

b. Prior to final acceptance, require all warranties be executed, in writing, for the benefit of the City;

c. Enforce all warranties for the benefit of the City; and

d. Be responsible to enforce any warranty of a subcontractor, manufacturer, or supplier, should they extend beyond the period specified in this Contract.

4.3. If, within an applicable warranty period, any part of the Work is found not to conform to this Contract, the Contractor shall correct it promptly after receipt of written notice from the City to do so. If the City determines that the Contractor’s corrective action is not satisfactory and/or timely performed, then the City shall have the right to either correct the problem itself or procure the necessary services, recommendations, or guidance from a third party. All damages incurred by the City and all costs for the City’s remedy shall be reimbursed by the Contractor.

4.4. The warranties provided in this Section shall be in addition to any other rights or remedies provided elsewhere in this Contract or by applicable law.

Small Public Works Contract 4

5. Change Orders. Changes to the Work to be performed, the amount of the Contract sum, or the time for completion of the Work, shall be accomplished only by a written Change Order, signed by the Contractor and the City, in advance of the proposed change. Once effective, the Contractor shall proceed promptly with the Work as modified, unless otherwise provided in the executed amendment.

6. Insurance/Indemnification/Hold Harmless. The Contractor shall defend, indemnify, and hold harmless the City, its officers, officials, employees, and volunteers from any and all claims, injuries, damages, losses, or suits, including attorneys’ 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. However, 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 of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. The indemnification provided herein shall constitute 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 Contract.

6.1. Insurance Term. The Contractor shall procure and maintain insurance, as required in this Section, without interruption from the commencement of the Contractor’s Work through the term of this Contract and for thirty (30) days after the physical completion date, unless otherwise indicated herein.

6.2. No Limitation. The Contractor’s maintenance of insurance, its scope of coverage, and limits, as required herein, shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity.

6.3. Minimum Scope of Insurance. The Contractor’s required insurance shall be of the types and coverage as follows:

a. 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;

b. Pollution liability coverage at least as broad as that provided under ISO Pollution Liability-Broadened Coverage for Covered Autos Endorsement CA 99 48 shall be provided, and the Motor Carrier Act Endorsement (MCS 90) shall be attached;

c. 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, independent contractors, products-completed operations, stop gap liability, 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 endorsement providing at least as broad coverage. There shall be no exclusion for liability arising from an explosion, collapse, Small Public Works Contract 5 or underground property damage. The City shall be named as an additional insured under the Contractor’s commercial general liability insurance policy with respect to the Work performed for the City 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;

d. Contractors pollution liability insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. Contractors pollution liability insurance shall be written in an amount of at least two million (2,000,000) dollars per loss, with an annual aggregate of at least two million (2,000,000) dollars. Contractors pollution liability shall cover bodily injury, property damage, cleanup costs, and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. If the contractors pollution liability insurance is written on a claims-made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract, and that continuous coverage shall be maintained or an extended discovery period shall be exercised for a period of three (3) years beginning from the time that Work under this Contract is completed. The City shall be named by endorsement as an additional insured on the contractors pollution liability insurance policy. If the scope of services as defined in this Contract includes the disposal of any hazardous materials from the job site, the Contractor shall furnish to the City evidence of contractors pollution liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting waste under this Contract.

Coverage certified to the City under this subsection shall be maintained in minimum amounts of two million (2,000,000) dollars per loss, with an annual aggregate of at least two million (2,000,000) dollars; and

e. Workers’ compensation coverage as required by the industrial insurance laws of the State of Washington.

6.4. Minimum Amounts of Insurance. 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 one million (1,000,000) dollars per accident; and

b. Commercial general liability insurance with limits no less than two million (2,000,000) dollars each occurrence, two million (2,000,000) dollars general aggregate, and two million (2,000,000) dollars products-completed operations aggregate limit.

6.5. City Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the City 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 City evidences limits of liability lower than those maintained by the Contractor.

Small Public Works Contract 6

6.6. Other Insurance Provision. The Contractor’s automobile liability and commercial general liability insurance policies are to contain, or be endorsed to contain, primary insurance with respect to the City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City shall be in excess of the Contractor’s insurance and shall not contribute with it.

6.7. Acceptability of Insurers. Insurance shall be placed with insurers with a current A.M.

Best rating of not less than A: VII.

6.8. Verification of Coverage. The Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including, but not necessarily limited to, the additional insured endorsements, evidencing the insurance requirements of the Contractor before commencement of the Work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Contract and evidence of all subcontractors’ coverage.

6.9. Subcontractors’ Insurance. 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 City is an additional insured on each and every subcontractor’s commercial general liability insurance policy using an endorsement at least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations.

6.10. Notice of Cancellation. The Contractor shall provide the City and all additional insureds for this Work with written notice of any policy cancellation within two (2) business days of their receipt of such notice.

6.11. 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 City may, after giving five (5) business days’ notice to the Contractor to correct the breach, immediately terminate this Contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due to the Contractor from the City.

7. Prevailing Wage.

7.1. The Work under this Contract may be subject to the prevailing wage requirements of Chapter 39.12 RCW, as amended or supplemented. If this Contract is subject to prevailing wage requirements, all laborers, workers, or mechanics employed by the Contractor or by any subcontractor in the Work of this Contract shall be paid not less than the prevailing rate of wage for an hour’s work in accordance with the provisions of Chapter 39.12 RCW and all such rules and regulations as may be promulgated thereto by the Washington State Department of Labor and Industries (“L&I”). The rules and regulations of the L&I and the schedule of the prevailing wage rates for the Industrial Statistician of the L&I are by reference made a part of this Contract as though fully set forth herein. These rates may be accessed on the Internet at https://secure.lni.wa.gov/wagelookup/.

https://secure.lni.wa.gov/wagelookup/

Small Public Works Contract 7

7.2. In case any dispute arises as to what the prevailing rate of wage for work of a similar nature is and such dispute cannot be resolved by the parties involved, the matter shall be referred to the Director of the L&I for arbitration, and the Director’s decision therein shall be final, conclusive, and binding on all parties involved in the dispute.

7.3. The Contractor shall file an Intent to Pay Prevailing Wage form (“Intent Form”). Instructions for filing the Intent Form can be found here. The Contractor shall submit the Intent Form, approved by the L&I, to the City with payment request. No payment shall be issued to the Contractor until the City receives approved forms. If any Work is subcontracted on this project, an approved Intent Form must be submitted for each subcontractor.

7.4. If progress payments are made on this project, an approved Intent Form must be received prior to issuing the first payment. An approved Affidavit of Wages Paid form must be received prior to issuing the final payment.

7.5. The Contractor shall be responsible for all costs associated with filing the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid with the L&I.

8. Assignment/Delegation. The Contractor shall not assign this Contract nor delegate any duties hereunder without prior written consent of the City, which consent may be withheld by the City in its sole subjective discretion for any cause whatsoever.

9. Applicable Law; Venue. This Contract shall be subject to, and the Contractor shall at all times comply with, all applicable federal, state, and local laws, regulations, and rules, including the Oak Harbor Municipal Code and regulations. This Contract shall be deemed to have been executed and delivered within the State of Washington and the rights and obligations of the parties hereunder shall be construed and enforced in accordance with, and governed by, the laws of the State of Washington without regard to the principles of conflict of laws. Any action or suit brought in connection with this Contract shall be brought in the Superior Court of Island County, Washington.

10. Business License. The Contractor shall be required to obtain a City business license prior to performing any services and maintain the business license in good standing throughout the term of this Contract with the City. The City business license application can be found online at:

11. Termination.

11.1. The City reserves the right to terminate or suspend this Contract at any time, with or without cause, upon seven (7) days’ prior written notice. In the event of termination or suspension, all finished or unfinished documents, data, studies, worksheets, models, reports, or other materials prepared by the Contractor pursuant to this Contract shall be submitted to the City within ten (10) days of termination or suspension.

11.2. If this Contract is terminated or suspended, the Contractor shall be entitled to payment for all services satisfactorily performed prior to the date of termination and reimbursable expenses incurred to the date of termination.

https://lni.wa.gov/licensing-permits/public-works-projects/contractors-employers/#required-documents-for-doing-the-work https://lni.wa.gov/licensing-permits/public-works-projects/contractors-employers/#required-documents-for-doing-the-work

Small Public Works Contract 8

11.3. This Contract may be terminated immediately if the Contractor’s insurance coverage is canceled for any reason, if the Contractor fails to timely perform the services, or if the Contractor defaults on any other material obligations under this Contract.

11.4. Any termination of this Contract shall not prevent the City from seeking any legal or equitable remedies it may otherwise have against the Contractor for the violation or nonperformance of any provision of this Contract.

12. Term. This Contract is effective upon execution by all parties and terminates on _____________________, 20___. This Contract may be renewed upon mutual agreement for one

(1) additional year. Compensation shall be adjusted on January 1st of each year based on any increase in the June-to-June Seattle Consumer Price Index–Urban (CPI-U) rate for the previous year.

13. Independent Contractor. For all purposes, the Contractor shall be deemed an independent contractor and shall not be deemed an employee or agent of the City for any purpose.

14. Title VI Compliance.

Appendix A – Title VI Assurances During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest, including its subcontractors and consultants, shall agree as follows:

14.1. Compliance with Regulations. The Contractor shall comply with the acts and regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation and the Washington State Department of Transportation, as they may be amended from time to time, which are herein incorporated by reference and made a part of this Contract.

14.2. Non-Discrimination. The Contractor, with regard to the Work performed by it during this Contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate directly or indirectly in the discrimination prohibited by the acts and regulations relative to non-discrimination, including employment practices, when this Contract covers any activity, project, or program set forth in Appendix B of 49 C.F.R. Part 21.

14.3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation made by the Contractor for Work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor’s obligations under this Contract and the acts and regulations relative to non-discrimination on the grounds of race, color, or national origin.

14.4. Information and Reports. The Contractor shall provide all information and reports required by the acts, regulations, and directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and facilities as may be

Small Public Works Contract 9 determined by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such acts, regulations, and directives. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor shall so certify to the City or the Washington State Department of Transportation, as appropriate, and shall set forth what efforts it has made to obtain the information.

14.5. Sanctions for Noncompliance. In the event of the Contractor’s noncompliance with the non-discrimination provisions of this Contract, the City shall impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to:

a. Withholding payments to the Contractor under this Contract until the Contractor complies; and/or

b. Cancelling, terminating, or suspending the Contract, in whole or in part.

14.6. Incorporation of Provisions. The Contractor shall include the provisions of Sections

14.1 through 14.6 of this Contract in every subcontract, including procurements of materials and leases of equipment, unless exempt by the acts, regulations, and directives issued pursuant thereto. The Contractor shall take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, that if the Contractor becomes involved in, or is threatened with, litigation by a subcontractor or supplier because of such direction, the Contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appendix E – Title VI Assurances During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest, including its subcontractors and consultants, shall comply with the following non-discrimination statutes and authorities, including, but not limited to:

a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, or national origin); and 49 C.F.R. Part 21;

b. 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 property has been acquired because of federal or federal-aid programs and projects);

c. Federal-Aid Highway Act of 1973 (23 U.S.C. § 324 et seq.) (prohibits discrimination on the basis of sex);

d. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27;

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e. The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.) (prohibits discrimination on the basis of age);

f. Airport and Airway Improvement Act of 1982 (49 U.S.C. § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex);

g. The Civil Rights Restoration Act of 1987 (P.L. 100-209) (broadened the scope, coverage, and applicability 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 expanding the definition of the terms “programs or activities” to include all the programs or activities of the federal-aid recipients, sub-recipients, and contractors, whether such programs or activities are federally funded or not);

h. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38;

i. The Federal Aviation Administration’s non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);

j. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;

k. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance. National origin discrimination includes discrimination because of limited English proficiency (“LEP”). To ensure compliance with Title VI, the Contractor shall take reasonable steps to ensure that LEP persons have meaningful access to the Contractor’s programs (70 Fed. Reg. at 74087 to 74100); and

l. Title IX of the Education Amendments of 1972, as amended, which prohibits the Contractor from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.).

15. Non-Endorsement. As a result of the selection of the Contractor to supply services to the City, the Contractor shall make no reference to the City in any literature, promotional material, brochures, sales presentation, or the like without the prior express written consent of the City.

16. Non-Collusion. By signature below, the Contractor shall acknowledge that the person, firm, association, co-partnership, or corporation herein named has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in the preparation and submission of a proposal to the City for consideration in the award of a contract on the specifications contained in this Contract.

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17. Waiver. Waiver by the City of any breach of any term or condition of this Contract shall not be construed as a waiver of any other breach.

18. Attorneys’ Fees. In the event any action is brought by either party to enforce the terms of this Contract or for breach of this Contract by the other party, the parties agree that the non-prevailing party shall pay to the prevailing party reasonable attorneys’ fees and expert witness fees, costs, and disbursements incurred by such party.

19. Entire Contract/Binding Effect. This Contract shall constitute the entire agreement between the parties hereto.

20. Modification. No amendment or modification of this Contract shall be of any force or effect unless it is in writing and signed by the parties.

21. Severability. If any provision of this Contract is held invalid, the remainder shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law, and shall continue in force and effect.

22. Recordkeeping and Reporting.

22.1. The Contractor, at such times and in such forms as the City may require, shall furnish to the City such statements, records, reports, data, and information as the City may request pertaining to matters covered by this Contract. All reports, information, data, and other related materials prepared or assembled by the Contractor under this Contract and any information relating to personal, medical, and financial data shall be treated confidential only as allowed by Washington State laws regarding disclosure of public information, Chapter 42.56 RCW.

22.2. The Contractor shall, at any time during normal business hours and as often as the City may deem necessary, make available for examination all its records and data with respect to all matters covered, directly or indirectly, by this Contract and shall permit the City or its designated authorized representative to audit and inspect other data relating to all matters covered by this Contract. The City shall receive a copy of all audit reports made by the agency or firm as to the Contractor’s activities. The City may, at its discretion, conduct an audit, at its expense, using its own or outside auditors, of the Contractor’s activities which relate, directly or indirectly, to the Contract.

22.3. On payment to the Contractor by the City of all compensation due under this Contract, all finished or unfinished documents and materials prepared by the Contractor with funds paid by the City under this Contract shall become the property of the City and shall be forwarded to the City. Any records, reports, information, data, or other documents or materials given to, or prepared or assembled by, the Contractor under this Contract shall not be made available to any individual or organization by the Contractor without prior written approval of the City or by court order.

22.4. The Contractor shall provide all original operation and maintenance manuals, along with all warranties, from the manufacturer for any equipment or items installed or supplied to the City as part of this contracted project.

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22.5. The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records, which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed pursuant to this Contract. The Contractor shall also maintain such other records as may be deemed necessary by the City to ensure proper accounting of all funds contributed by the City to the performance of this Contract.

22.6. The foregoing records shall be maintained for a period of seven (7) years after the termination of this Contract unless permission to destroy them is granted by the Office of the State Archivist in accordance with Chapter 40.14 RCW and by the City.

23. Performance During COVID-19 Pandemic. The Contractor shall comply with the United States Department of Labor Occupational Safety and Health Administration’s requirements regarding COVID-19 prevention, protection, and containment. These requirements can be found at the following link to OSHA’s website: https://www.osha.gov/Publications/OSHAFS-3747.pdf.

24. Notices. Any notice required by this Contract shall be delivered personally or mailed, certified with return receipt requested. If mailed, notice shall be deemed given three (3) days after the date of the postmark. Notices shall be delivered or mailed to the following:

Notices to the City shall be sent to the following address:

__________________________________ (Project Manager) City of Oak Harbor

Oak Harbor, WA 98277

Notices to the Contractor shall be sent to the following address:

Contact Name: __________________________________

Contractor Name: __________________________________

Street Address: __________________________________ https://www.osha.gov/Publications/OSHAFS-3747.pdf

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By signing below, the parties agree…