Well Nos 1 6 Emergency Generators Bid Package.pdf

FEMA Emergency Generators Wells #1 and #6

PWE NO. WTP2602

ENGINEERING DIVISION 55 E MOORE ST. (509) 527-4537

CITY OF WALLA WALLA

WTP2602 FEMA Emergency Generators Wells #1 and #6

WALLA WALLA COUNTY, WASHINGTON

TABLE OF CONTENTS

BID FORMS

o NOTICE OF CALL FOR BIDS o DEBARMENT CERTIFICATION FORM o INSTRUCTIONS TO BIDDERS o BIDDER’S CHECKLIST o NON-COLLUSION DECLARATION o PROPOSAL o CONSTRUCTION CONTRACT (INFORMATIONAL COPY) o BID BOND DEPOSIT/BID BOND o CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES o PERFORMANCE BOND (INFORMATIONAL COPY) o PAYMENT BOND (INFORMATIONAL COPY) o INADVERTENT DISCOVERY PLAN o PROPOSAL FOR INCORPORATING RECYCLED MATERIALS INTO THE

PROJECT

o CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES o SUBCONTRACTORS LIST o APPRENTICESHIP UTILIZATION

SPECIAL PROVISIONS

TECHNICAL SPECIFICATIONS

o DIVISION 2 – SITEWORK o DIVISION 3 – CONCRETE o DIVISION 16 – ELECTRICAL o DIVISION 17 – AUTOMATIC CONTROL o DIVISION 18 – MEASUREMENT AND PAYMENT

CONSTRUCTION DRAWINGS

BID FORMS

F:\PROJECTS\PROJECT TEMPLATES To Use - Forms and Misc\06 Bid Package Templates\BIDDER'S PACKET

CITY OF WALLA WALLA

NOTICE OF CALL FOR BIDS

The City of Walla Walla, Washington (herein called the "Owner") invites bids for the construction of the “FEMA Emergency Generators for Wells #1 and #6” project. Work primarily includes the installation of back-up power generators and Variable Frequency Drives at city-owned Wells #1 and #6.

Sealed bids plainly marked "BID ENCLOSED – WTP2602 FEMA Emergency Generators for Wells #1 and #6" will be received at the office of the City Clerk, 15 North 3rd Avenue, Walla Walla, WA, 99362, until 2:00 PM, local time, September 24th, 2026, then publicly opened and read aloud. The Contractor is subject to all requirements related to Davis Bacon Wage Rates and/or State Prevailing Wage Rates, EEO, and Washington State Contracting Laws, etcetera. The Contract time for all work shall be 250 working days.

Plans and specifications will be available starting August 20th, 2026. Informational copies of the plans and specifications are on file for inspection at the City of Walla Walla Engineering office, 55 East Moore Street.

To become an eligible bidder on the proposed project, bidders must use QuestCDN at https://www.questcdn.com and purchase a copy of the Contract Documents from the website for $22.00. The Contract Documents are available under eBidDoc# 10323186.

All bid proposals shall be accompanied by a bid deposit in certified check, cashier's check, or surety bond in an amount equal to five percent (5%) of the amount of the bid. Only properly executed bids submitted on the form furnished by the City will be accepted. Award will be based on the total bid. The City Council reserves the right to accept or reject any or all bids or waive any defects therein.

The City of Walla Walla, 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 City of Walla Walla complies with Title VI, ADA, and other applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, religion, veteran status, sexual orientation, gender identity, or sex.

The City of Walla Walla is an Equal Opportunity Employer. Minority and women-owned businesses are encouraged to bid.

Por favor llame a este número 509-524-4496 si necesita más información o para recibir esta información en español.

Lisa Neissl, MMC City Clerk

Published Walla Walla Union-Bulletin, August 20th, 2026 and September 1st, 2026.

https://www.questcdn.com/

DEBARMENT CERTIFICATION FORM

This certification is required by the regulations implementing Executive Order 12549 (3 CFR part 1986 Comp., p.189)and 12689 (3 CFR part 1989 Com., . 235), Debarment and Suspension, 2 CFR 180.220.

1. The prospective primary participant certifies that they and their principals:

a) Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any federal or state department/agency;

b) Have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (federal, state, or local); violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with the commission of any of the offenses enumerated in paragraph 1 (b) of this certification; and

d) Within a three-year period preceding this certification, have not had one or more public transactions or contracts (federal, state, or local) terminated for cause or default.

e) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary participant cannot certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this document.

3. The cerƟficaƟon in this clause is a material representaƟon of fact upon which reliance is placed by the City of Walla Walla. If it is later determined that the prospecƟve primary parƟcipant knowingly rendered an erroneous cerƟficaƟon, in addiƟon to other remedies available to the City of Walla Walla, the prospecƟve primary parƟcipant agrees to indemnify and hold harmless the City of Walla Walla. The prospecƟve primary parƟcipant will pay the City of Walla Walla for any penalƟes, fines, or costs resulƟng from the prospecƟve primary parƟcipant’s erroneous cerƟficaƟon.

4. The contractor is “Actively” registered with SAMS (Service for Award Management) and assigned the following Unique Entity ID:_________________________

The Contractor further certifies that it shall not knowingly enter any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency.

Dated this day of, 20

By Authorized Signature for Contractor

Printed Name and Title

INFORMATION TO BIDDERS

INSTRUCTIONS TO BIDDERS

1. BID FORM

Bids will be received until 2:00 P.M., local time, Thursday, September, 24th, 2026 at the Office of the City Clerk of the City of Walla Walla at which time they will be opened and read aloud.

Each bid shall be submitted in a sealed envelope, addressed to the City Clerk, City of Walla Walla, 15 N. Third Avenue, Walla Walla, WA 99362, and plainly marked on the outside of the envelope, “BID ENCLOSED – WTP2602 FEMA Emergency Generator Wells #1 and #6”. The envelope shall show the name and address of the Bidder and the Bidder’s Contractor License Number. If mailed to the City, the bid envelope shall be enclosed in another envelope addressed to the City Clerk in the same manner as above.

2. FORM OF PROPOSAL

All bids shall be made on the forms provided by the City. All blanks for bid prices shall be completed, in ink or typewritten. The bid form is to be signed and dated.

3. BIDDING PROCEDURES

The bidding will be done in accordance with Section 1-02 of the Standard Specifications. All prospective bidders are advised to be familiar with this section.

The bidder shall submit a price on each and every item of work included in the proposal.

4. MODIFICATION OF PROPOSAL

Proposal may be modified in writing prior to the time and date set for the submittal.

Modifications shall be prepared on company letterhead, signed by an authorized company officer, state that the new bid supersedes or modifies the prior proposal.

5. WITHDRAWAL OF PROPOSAL

Proposals may be withdrawn prior to the scheduled time for submittal. Requests to withdraw a proposal must be in writing on company letterhead and be signed by an authorized company officer.

6. QUALIFICATION OF BIDDERS

In determining the most responsible bidder, the City reserves the right to take into account the bidders’ experience and record of work. Before awarding a contract the City may require information as specified in Section 1-02.15 of the Standard Specifications.

The apparent low bidder may be required to furnish references of similar work with other agencies and submit to a background and experience review.

7. DISQUALIFICATION OF BIDDERS

A bidder may be deemed not responsible and the bid rejected in accordance with the criterion specified in Section 1-02.14 of the Standard Specifications.

8. BID BOND

Each bid shall be accompanied by a bid (surety) bond, certified check, or cashier’s check payable to the City of Walla Walla, in an amount equal to 5% of the total amount of the bid, in accordance with Section 1-2.7 of the Standard Specifications.

When an agreement is executed, the bid bonds of the unsuccessful bidders will be returned. The bid bond of the successful bidder will be retained until the payment and performance bonds have been received and approved.

9. AWARD OF CONTRACT

The contract award or proposal rejection will occur within 45 days after the proposal submittal deadline. Award of the contract will be made to the lowest responsible proposer. The City may reject any proposal not in compliance with the prescribed requirements or may waive any informalities and minor defects, or it may reject all proposals upon finding it to be in the City's best interest to do so.

10. EXECUTION OF CONTRACT

Within 5 calendar days after the date of the Notice of Award the successful bidder shall return the signed contract along with the insurance certificates, performance bond and payment bond in accordance with Section 1-03.3 of the Standard Specifications.

11. PERFORMANCE BOND AND PAYMENT BOND

A performance bond and payment (materials and labor) bond, each in the amount of 100% of the total bid price, will be required from the successful bidder, prior to the execution of the contract agreement.

12. NOTICE TO PROCEED

Within 5 days of the execution of the contract a written Notice to Proceed shall be issued by the City. The contract time shall begin on the date stated in the Notice to Proceed.

13. TIME FOR COMPLETION

The project will be complete within 250 Working (365 calendar) days.

14. ACCESS AND STREET CLOSURES

The Contractor must maintain, as much as possible, access to all local businesses/residences along the construction site. The contractor shall provide additional traffic control to facilitate business and emergency access in accordance with the Special Provisions.

15. PROSECUTION AND PROGRESS

The Contractor is encouraged to schedule the work to reduce ‘dead time’ and the resulting inconvenience to the public and businesses.

16. MINORITY BUSINESSES

Contractor agrees to actively solicit bids for subcontracting of goods or services from qualified minority or women owned businesses. Contractor shall furnish evidence of compliance with these requirements. Contractor further agrees to consider the grant of subcontracts to said minority and women owned businesses bidders on the basis of substantially equal proposals in the light most favorable to said minority businesses.

17. STANDARD SPECIFICATIONS

The Standard Specifications referred to in these Instructions to Bidders is the Washington State Department of Transportation Standard Specifications for Road, Bridge, and Municipal Construction, current version.

18. APPRENTICE UTILIZATION

In accordance with RCW 39.04.320, for all public works projects estimated to cost $1.5 million or more as of July 1, 2026, the State of Washington requires no less than 15% of the labor hours be performed by apprentices. The apprentice utilization rate is calculated using the approved affidavits from the State L&I portal. A monetary incentive will be awarded for meeting this requirement or a penalty will be assessed for failing to meet the requirement as described in the Special Provisions.

19. Contact the following for information regarding the project:

Michael W Vantzelfden, P.E.

City of Walla Walla Engineering Division 55 E. Moore Street Walla Walla, WA 99362

(509) 527-4379

CONTRACT DOCUMENTS

BIDDER'S CHECKLIST

1. The Bidder's attention is especially called to the following forms which must be executed in full:

a) PROPOSAL, INCLUDING SIGNATURE SHEET

The unit and/or lump sum prices bid must be shown in the spaces provided. Show both the unit price and the extended price.

The signature page is to be filled in and signed by the Bidder. Note the Non-Collusion Affidavit and Certification of Compliance with Wage Payment Statutes that are included.

b) BID BOND

This bond is to be executed by the Bidder and the Surety Company unless bid is accompanied by a certified check or other guaranty. The amount of the bond shall be not less than 5% of the bid amount.

Initial:_____ Date:_____

2. The insurance requirements, Section 1-07.18 shall have been read and understood. The Bidder shall have in force an insurance policy that is sufficient to meet the needs of this project. The City will be named as an additional insured on the required Certification.

Initial:_____ Date:_____

3. The Bidder certifies that he/she has toured the project site and is familiar with the work involved. All utilities have been contacted by the Bidder, and the Bidder has planned the work in coordination with the information supplied by the utilities.

Initial:_____ Date:_____

4. The Bidder understands Section 1-03.4 of the Standard Specifications. A Contract Bond or Performance Bond and Payment Bond, issued by an approved surety equaling 100% of the contract amount, are a requirement of this contract.

Initial:_____ Date:_____

5. The City makes no guarantee as to the method of work selected by the Bidder. It is the Bidder's responsibility to plan and schedule the work in order to complete the work in the time specified in the Special Provisions.

Initial:_____ Date:_____

6. The Bidder has included with the bid a list of the subcontractors with whom the bidder will subcontract, if awarded the contract, for specific categories of work.

Initial:_____ Date:_____

7. The Bidder has filled out the Debarment Certification Form and submitted it with their bid.

Initial:_____ Date:_____

8. The Bidder understands the Apprentice Utilization requirements, if applicable to this project, and is familiar with RCW 49.04 and WAC 296-05.

Initial:_____ Date:_____

All items on the checklist must be initialed and dated for the Proposal to be considered complete. The City reserves the right to award a contract in a manner that best serves the City, taking into consideration the bid price, Bidder qualifications and Bidder responsiveness.

NON-COLLUSION DECLARATION

I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct:

1. That the undersigned person(s), firm, association or corporation has (have) 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 connection with the project for which this proposal is submitted.

2. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration.

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

A proposal guaranty in an amount of five percent (5%) of the bid, in the form as indicated below, is attached hereto:

CASHIER'S CHECK [ ] $ DOLLARS

CERTIFIED CHECK [ ] $_ ____________________ PAYABLE TO CITY OF WALLA WALLA

PROPOSAL BOND [ ] IN THE AMOUNT OF 5% OF THE BID

Receipt is acknowledged of Addendum(s) No(s). __________, __________ & __________

SIGNATURE OF AUTHORIZED OFFICIAL

Signature

Typed/Printed Name

Date

P R O P O S A L

City of Walla Walla, Washington

Project Title: FEMA Emergency Generator Wells 1 & 6

PWE Project No.: WTP2602

Bidder: _____________________________________________

Address: _____________________________________________

Contractor's Registration No.

Contractor's Industrial Insurance No.

Contractor's DUNS No.

Bidder's contact person for additional proposal information:

Name: Phone: _______________________________

The above signed hereby certifies that he/she has personally examined the location and construction details of the work, described in the plans and specifications for WTP2602 FEMA Emergency Generator Wells 1 & 6. Further, that he/she has personally inspected the site, is satisfied as to the quantities involved, including materials and equipment, and conditions of work involved, including the fact that the description of the quantities of work and materials, as included herein, is brief and is intended only to indicate the general nature of the work and to identify the said quantities with the detailed requirements of the Contract Documents. This Proposal is made according to the provisions and under the terms of the Contract Documents, which documents are hereby made a part of this Proposal, at the following schedule of rates and prices.

NOTE: Unit prices for all items, all extensions and the total amount of the bid are required to be shown.

BID SCHEDULE A – Well Nos. 1 and 6 Improvements

ITEM

NO.

ESTIMATED

QUANTITY DESCRIPTION

UNIT PRICE UNITS TOTAL

AMOUNT

1 1 Mobilization, Demobilization, Site Preparation, and Cleanup

LS

2 1 Excavation Safety and Shoring (RCW 39.04.180)

LS

3 1 Site Work

LS

4 1 Electrical

LS

5 1 Automatic Control

LS

6 1 As-Builts

LS

7 1 Testing, Startup, and Training

LS

8 1 Apprentice Utilization Incentive/Penalty

LS

BID SCHEDULE A SUBTOTAL

SALES TAX @ 9.1%

TOTAL SCHEDULE A

1 | P a g e Construction Contract with Federal Funds (revised 7-7-2025) – Enter Contractor Name and Project number

CITY OF WALLA WALLA

CONSTRUCTION CONTRACT

THIS AGREEMENT, made and entered into in duplicate this _______ day of ___________, 20__, by and between the CITY OF WALLA WALLA, hereinafter called OWNER, and, ENTER CONTRACTOR NAME AND ADDRESS, hereinafter called CONTRACTOR, WITNESSETH

In consideration of the terms and conditions, the parties hereto agree as follows:

A. CONTRACTOR shall do all work and furnish all tools, materials, supplies, labor, equipment, and other services necessary for the setup, construction and completion of the Enter Project Name, Enter PW Project Number, in a workmanlike manner in the bid amount of $Enter Contract Amount in dollars and cents, including taxes, in accordance herewith and all required permits and in accordance with the following documents which are incorporated herein by reference and made part hereof: (1) the “Proposal” submitted by Contractor Name;

dated enter date of Proposal submittal in the amount of $Enter Bid amount; (2) the “Contract Documents – Enter Project Name & PW Number; and (3) the “Standard Specifications for Road, Bridge, and Municipal Construction (current version)” published by the Washington State Department of Transportation. In the event of any conflict, the provisions of this contract shall supersede the provisions of any of the documents incorporated herein, and any conflict between the documents incorporated herein shall be resolved in the order in which the documents are listed above in favor of the document first listed. CONTRACTOR shall further perform any alterations or additions to the work as directed under this contract.

Without invalidating the contract and without notice to any surety, OWNER may through ENGINEER, at any time or from time to time, order additions, deletions or revisions in the work. Such additions, deletions or revisions will be authorized by written amendment, written change order, or written work change directive.

Upon receipt of any such document, CONTRACTOR shall promptly proceed with the work involved which will be performed under the applicable conditions of the contract documents (except as otherwise specifically provided).

Work shall start within ten (10) calendar days from the date that the official “Notice to Proceed” is issued.

Contractor will order long lead-time items and be ready to mobilize. The project shall be completed within sixty

(60) working days from start date.

If said work is not completed within the time specified. In that case, CONTRACTOR agrees to pay the OWNER the sum of $enter liquidated damages amount dollars for each and every working day said work remains uncompleted after expiration of the specified completion date as liquidated damages unless the period for completion is extended in accordance with Section 1-08.9 of the Standard Specifications. The sum for Liquidated Damages shall be calculated in accordance with Section 1-08.9 of the Standard Specifications. Furthermore, the CONTRACTOR understands and agrees to fully comply with the provisions defined in the Standard Specifications and entitled “Liquidated Damages.”

The prevailing rate of wage to be paid to all workmen, laborers, or mechanics employed in the performance of

2 | P a g e Construction Contract with Federal Funds (revised 7-7-2025) – Enter Contractor Name and Project number any part of this contract shall follow the Code of Federal Regulations 29 CFR 5.5 see attached language and the provisions of Chapter 39.12 RCW, as amended, and the rules and regulations of the Department of Labor and Industries and the schedule of prevailing wage rates for the locality where this contract will be performed as determined by the Industrial Statistician of the Department of Labor and Industries as of the date of this agreement are by reference made a part of this contract as though fully set forth herein.

B. OWNER hereby contracts with CONTRACTOR to pay for the described works according to Section 1-

09.3 of the Standard Specifications and the schedule of unit or itemized prices shown in the bid. OWNER shall process payment requests in its normal course and manner for accounts payable. Invoices for payment shall reference project name and project number and be mailed to: City Hall 15 N. Third Avenue, Walla Walla, WA 99362, or emailed to AP@wallawallawa.gov.

C. The City Engineer is hereby designated as ENGINEER for project administration. Neither ENGINEER’s authority or responsibility to OWNER nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any subcontractor, any supplier, any other person or organization, or to any surety for or employee or agent of any of them.

ENGINEER will have authority to disapprove or reject work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed project that conforms to the contract documents or that will prejudice the integrity of the design concept of the completed project functioning as a whole as indicated in the contract documents. ENGINEER will also have authority to require special inspection or testing of the work whether or not the work is completed.

ENGINEER will not supervise direct, control or have authority over or be responsible for CONTRACTOR’s means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR’s failure to perform or furnish work in accordance with contract documents.

ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any subcontractor, any supplier, or of any other person or organization performing or furnishing any of the work.

The limitations upon authority and responsibility set forth herein shall also apply to ENGINEER’s consultants, resident project representative, and assistants.

D. CONTRACTOR shall supervise, provide quality control, inspect and direct the work competently and efficiently in a workmanlike manner, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the contract documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, procedures of construction, and to see that the completed work complies accurately with the contract documents.

If any work is covered contrary to written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER’s inspection and replaced at CONTRACTOR’s expense.

CONTRACTOR shall carry on the work and adhere to the progress schedule during all disputes or disagreements with OWNER or ENGINEER. No work shall be delayed or postponed pending resolution of any disputes or

3 | P a g e Construction Contract with Federal Funds (revised 7-7-2025) – Enter Contractor Name and Project number disagreements except as directed by OWNER or ENGINEER.

CONTRACTOR shall keep on the work site at all times during its progress a competent resident superintendent who shall not be replaced without written notice to OWNER and ENGINEER except in extraordinary circumstances. The superintendent will be CONTRACTOR’s representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. If at any time during the project the superintendent leaves the project site while work is in progress, ENGINEER shall be notified and provided with the name of CONTRACTOR’s representative having responsible charge.

CONTRACTOR shall also designate the person responsible for CONTRACTOR’s quality control while the work is in progress. ENGINEER shall be notified in writing prior to any change in quality control representative assignment.

CONTRACTOR shall provide competent suitable qualified personnel to survey, lay out and construct the work as required by the contract documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the work or property at the site or adjacent thereto, and except as otherwise indicated in the contract documents, all work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or performance of work on Saturday, Sunday, or any legal holiday without OWNER’s written consent given after prior written notice to ENGINEER.

Unless otherwise specified in the contract documents, CONTRACTOR shall furnish and assume full responsibility for all materials equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, quality control, testing, start-up and completion of the work.

All materials shall be of good quality and new, except as otherwise provided in the contract documents. All warranties and guaranties specifically called for by the contract documents shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials. All materials shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable supplier, except as otherwise provided in the contract documents.

CONTRACTOR shall not employ any subcontractor, supplier, or other person or organization whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection.

CONTRACTOR shall be fully responsible to OWNER for all acts and omissions of subcontractors, suppliers and other persons or organizations performing or furnishing any of the work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR’s own acts and omissions. Nothing in the contract documents shall create for the benefit of any such subcontractor, supplier, or any other person or organization any contractual relationship between OWNER and any such subcontractor, supplier, or other person or organization, nor shall it create an obligation on the part of OWNER to pay or to see to the payment of any moneys due any such subcontractor, supplier, or other person or organization.

4 | P a g e Construction Contract with Federal Funds (revised 7-7-2025) – Enter Contractor Name and Project number

CONTRACTOR shall be solely responsible for scheduling and coordinating the work of subcontractors, suppliers, and other persons and organizations performing or furnishing any of the work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all subcontractors, suppliers and such other persons and organizations performing or furnishing any of the work to communicate with the ENGINEER through

CONTRACTOR.

CONTRACTOR warrants and guarantees to OWNER that all work will be performed in a workmanlike manner, in accordance with the contract documents, and will not be defective. Work is defective if it is unsatisfactory, faulty or deficient in that it does not conform to the contract documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the contract documents, or has been damaged prior to ENGINEER’s recommendation of final payment.

CONTRACTOR’s obligation to perform and complete the work in accordance with the contract documents shall be absolute. None of the following will constitute acceptance of work that is not in accordance with the contract documents or a release of CONTRACTOR’s obligation to perform the work in accordance with the contract documents: observations by ENGINEER; recommendation of any progress or final payment; the issuance of a certificate of substantial completion or any payment under the contract documents; use or occupancy of the work or any part thereof by OWNER; any acceptance by OWNER or any failure to do so; any inspection, test or approval by others; or any correction of defective work.

If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective work, whether or not fabricated, installed or completed, or, if the work has been rejected by ENGINEER, remove it from the site and replace it with work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal and replacement (including but not limited to all costs of repair or replacement of work of others).

E. No liability shall attach to the OWNER by reason of its entering into this contract, except as expressly provided herein.

F. Indemnification / Hold Harmless

The CONTRACTOR shall defend, indemnify, and hold the OWNER, 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 OWNER.

However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115then, 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 OWNER, 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.

5 | P a g e Construction Contract with Federal Funds (revised 7-7-2025) – Enter Contractor Name and Project number

1. 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.

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 OWNER’s recourse to any remedy available at law or in equity.

3. Minimum Scope of Insurance The CONTRACTOR’s required insurance shall be of the types and coverage as stated below:

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. 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 CONTRACTOR’s, products-completed operations for a period of three years following substantial completion of the work for the benefit of the OWNER, 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 a n endorsement providing at least as broad coverage.

There shall be no exclusion for liability arising from explosion, collapse, or underground property damage. The OWNER shall be named as an additional insured under the CONTRACTOR’s Commercial General Liability insurance policy with respect to the work performed for the OWNER 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.

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

d. Builders Risk insurance covering interests of the OWNER, the CONTRACTOR, Sub- CONTRACTORs, and Sub-sub-CONTRACTORs 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 OWNER upon written request by the CONTRACTOR and written acceptance by the OWNER. Any increased deductibles accepted by the OWNER will remain the responsibility of the CONTRACTOR. The Builders Risk insurance shall be maintained until the OWNER has granted substantial completion of the project.

An installation floater may be acceptable in lieu of Builders Risk for

6 | P a g e Construction Contract with Federal Funds (revised 7-7-2025) – Enter Contractor Name and Project number r e n o v a t i o n projects only if approved in writing by the OWNER.

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 $1,000,000 per accident.

b. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate, and $2,000,000 products completed operations aggregate limit.

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

5. OWNER Full Availability of CONTRACTOR Limits If the CONTRACTOR maintains higher insurance limits than the minimums shown above, the OWNER 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 m a i n t a i n e d by the CONTRACTOR are greater than those required by this Contract or whether any certificate of insurance furnished to the OWNER evidence limits of liability lower than those maintained by the CONTRACTOR.

6. 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 OWNER. Any insurance, self-insurance, or self-insured pool coverage maintained by the OWNER shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

7. 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 sub-CONTRACTORs as well as to any temporary structures, scaffolding and protective fences.

8. Waiver of Subrogation The CONTRACTOR and the OWNER waive all rights against each other, any of their Sub- CONTRACTORs, Sub-sub-CONTRACTORs, agents, and employees, each of the other, for d a m a ge s 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.

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

10. Verification of Coverage The CONTRACTOR shall furnish the OWNER 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 OWNER a copy of

7 | P a g e Construction Contract with Federal Funds (revised 7-7-2025) – Enter Contractor Name and Project number the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms, and endorsements related to this project. Upon request by the OWNER, the CONTRACTOR shall furnish certified copies of all required insurance policies, including endorsements, required in this Contract and evidence of all sub-CONTRACTOR’scoverage.

11. Sub-CONTRACTORs The CONTRACTOR shall cause each and every Sub-CONTRACTOR 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 Sub-CONTRACTORs. The CONTRACTOR shall ensure that the OWNER is an additional insured on each Sub- CONTRACTOR’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.

12. Notice of Cancellation The CONTRACTOR shall provide the OWNER and all Additional Insureds for this work with written notice of any policy cancellation within two business days of their receipt of such notice.

13. 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 OWNER 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 OWNER on demand, or at the sole discretion of the OWNER, offset against funds due the CONTRACTOR from the OWNER.

G. During the performance of this contract, the CONTRACTOR, for itself, its assignees, and successors in interest agrees as follows:

13. Compliance with Regulations: The CONTRACTOR (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally assisted programs of the US Department of Transportation, 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.

"Acts" and "Regulations" include:

a. Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin).

b. 49 CFR Part 21 (entitled Non-discrimination In Federally Assisted Programs Of The

Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964);

c. 28 CFR section 50.3 (US Department of Justice Guidelines for Enforcement of Title

VI of the Civil Rights Act of 1964).

14. Non-discrimination: The CONTRACTOR, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, creed, color, national origin, sex, honorably discharged veteran or military status, sexual orientation, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, in the

8 | P a g e Construction Contract with Federal Funds (revised 7-7-2025) – Enter Contractor Name and Project number selection and retention of subcontractors, including procurements of materials and leases of equipment. The CONTRACTOR will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.

15. 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 will be notified by the CONTRACTOR of the CONTRACTOR's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.

16. Information and Reports: The CONTRACTOR will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the OWNER or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish the information, the CONTRACTOR will so certify to the OWNER or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information.

17.Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the Nondiscrimination provisions of this contract, the OWNER will 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 the contract until the CONTRACTOR complies; and/or

b. cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The CONTRACTOR will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless e x e m p t b y the Acts, the Regulations a n d d i r e c t i v e s i s s u e d p u r s u a n t t h e r e t o . TheCONTRACTOR will take action with respect to any subcontract or procurement as the OWNER 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 OWNER to enter into any litigation to protect the interests of the OWNER. In addition, the CONTRACTOR may request the United States to enter into

H.

the litigation to protect the interests of the United States.

During the performance of this contract, the CONTRACTOR, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:

9 | P a g e Construction Contract with Federal Funds (revised 7-7-2025) – Enter Contractor Name and Project number

Pertinent Non-Discrimination Authorities:

Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

Federal-Aid Highway Act of 1973, (23 USC § 324 et seq.), (prohibits discrimination on the basis of sex);

Section 504 of the Rehabilitation Act of 1973, (29 USC § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;

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

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

The Civil Rights Restoration Act of 1987, (PL 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 of the programs or activities of the Federal-aid recipients, sub-recipients, and contractors, whether such programs or activities are Federally funded or not);

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 USC §§ 12131-12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38;

The Federal Aviation Administration's Non-discrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);

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, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);

Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq).

I. This contract shall be governed by the laws of the State of Washington, excepting conflict of law principles, and federal law. Venue for any dispute arising out of this contract or its interpretation or construction shall be in the Superior Court of the State of Washington for Walla Walla County. In the event that any provision or clause of this contract conflicts with applicable law, such conflict shall not affect other provisions of this contract which may be given effect without the conflicting provision, and any provision or clause of this contract which is determined to conflict with applicable law or unenforceable by a court of competent jurisdiction shall be severable from the remainder of this contract.

10 | P a g e Construction Contract with Federal Funds (revised 7-7-2025) – Enter Contractor Name and Project number

APPROVALS

CITY

Approved as to Form: CONTRACTOR

City Attorney

Signature: _____________________ Signature: ________________________________ Type Name: Elizabeth Chamberlain Print Name: _______________________________ Title: City Manager Title: _____________________________________

Email: ____________________________________ Attest:

Lisa Neissl, MMC, City Clerk Dated: ______________________________

Revised 2017-07-13

Local Agency Performance Bond

PUBLIC WORKS PERFORMANCE BOND

to CITY OF WALLA WALLA, WASHINGTON

Bond No. _________________

The City of Walla Walla Washington has awarded to ____________________________________ (Principal), a contract for the construction of the project designated as ___________________________________, Project No. ___________, in Walla Walla Washington, and said Principal is required under the terms of that Contract to furnish a bond for performance of all obligations under the Contract.

The…