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AG 23-073 - AAM CONSTRUCTION, LLCRETURN TO: AMv GLANDON EXT: 2401 1 I CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: COMMUNITY SERVICES - HOUSING REPAIR 2, ORIGINATING STAFF PERSON: AMv GLANDON EXT: 2401 3. DATE REQ. BY: ASAP 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT O SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT A HUMAN SERVICES / CDB G ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: 2205PEAKAR - Pearson, Kart 6. NAME OF CONTRACTOR: AAM construction, LLC ADDRESS: 37939 20th PI S, Federal Way, WA 98003 TELEPHONE 253-326-7455 E-MAIL: paveltislenok_t@yahoo.com FAX: N/A SIGNATURENAME: Pavel Tislenok TITLE owner 7. EXHIBITS AND ATTACHMENTS: M SCOPE, WORK OR SERVICES A COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: 01/24/2023 COMPLETION DATE: 03/31 /2023 9. TOTAL COMPENSATION $ 4575.89 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES A NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ®YES ONO IF YES, $ PAID BY. ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED O PURCHASING: PLEASE CHARGE TO: 119-7300-996-594-41 10. DOCUMENT/CONTRACT REVIEW O PROJECT MANAGER O DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) A LAW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED JE 2110/23 KN/2 February 23 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: n/a COUNCIL APPROVAL DATE: n/a 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support stafrif necessary and feel free to set notification more than a month in advance if council approval is needed.) ITIAL/ DATE SIGNE KAW DEPARTMENT _ ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITYCLERK 3/2 ❑ ASSIGNED AG# AG# S ^p1'M) COMMENTS: Final sign -offs -contract needs no revision Final walk-through complete, final invoice attached with OK to Pay -AG 212017 CITY of CITY HALL Federal Way Feder l Avenue South Federal Way, WA 98003-6325 (253)835-7000 wwworyok derahw y eom CONTRACTOR AGREEMENT FOR EMERGENCY HOUSING REPAIR GRANT PROGRAM FLOORING REPAIR This Housing Repair Program ("HRP") Contractor Agreement ("Agreement") is made between the City of Federal Way ("City"), and AAM Construction LLC, a Washington limited liability company ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement. This contract is for the use of grant funding through the Department of Housing & Urban Development: Community Development Block Grant ("CDBG") for the benefit of the Homeowner of 2101 S 324th St, #72, Federal Way, WA 98003. See Exhibit "D" for additional information. AAM Construction LLC: Pavel Tislenok 37939 20th PI S Federal Way, WA 98003 (253) 326-7455 (telephone) Paveltislenok t0yahoo.com The Parties agree as follows: CITY OF FEDERAL WAY: Amy Glandon 33325 8th Ave S Federal Way, WA 98003 (253) 835-2401 (telephone) 1.1 Certificate of Acceptance shall mean a written statement issued by the City and signed by the City's inspector to be delivered to a Homeowner for execution stating that all Work has been generally completed in accordance with the Work Write-up for an Identified Project. 1.2 Change Order shall mean an amendment to the Work and/or Contract Price pertaining to an Identified Project, submitted by Contractor and approved by a Homeowner and the City in accordance with the Project Documents and the HRP Guidelines. 1.3 City shall mean the City of Federal Way, and shall include its various departments, officers, employees, legal representatives, agents and third -party vendors. 1.4 Competitive Sealed Proposal shall refer to the project delivery method authorized by Chapter 39.04 RCW and the adopted City of Federal Way Contract and Purchasing Manual, Chapter 5, Section E (Limited Public Works Process) and required in connection with Reconstruction or Rehabilitation Projects underthe HRP, except in the cases of emergency conditions, at which time the City shall select a vendor based upon availability and/or price and as outlined in the City of Federal Way Contract and Purchasing Manual Chapter 2, Section D. 1.5 Contract Price shall mean the price to be paid by the City to the Contractor for the performance ofthe Work in connection with an Identified Project. Any changes in the Contract Price shall only result from authorized Change Orders. The Contract Price shall be paid in the form of a single payment at the completion of the Work in accordance with the Notice to Proceed. 1.6 Contractor shall mean the contractor designated in the introductory paragraph of this Agreement. For Reconstruction Projects, the Contractor shall be selected utilizing the Competitive Sealed EHRP CONTRACTOR AGREEMENT - 1 - 11 /2012 Project Specific Federal WayCITY HALL 33325 8th Avenue South 4W Federal Way, WA 98003-6325 (253) 835-7000 www ct"ffederalway corn Proposal method, with sealed work plans and specifications in accordance with applicable laws and procedures, including the HRP Guidelines. 1.7 Contractor's Application for Payment shall mean that certain Application and Certificate for Payment submitted by Contractor requesting payment in accordance with the Notice to Proceed. Such Contactor's Application for Payment shall reflect the cost for successful delivery of the entire Work completed by Contractor, shall include the notarized signature of the Contractor and otherwise be in form and substance acceptable to the City. HRP shall mean the CDBG Program being implemented by the City pursuant to Grant No. B - MC - 53-0015 between the City and the Housing and Urban Development Department. 1.8 HRP Guidelines shall mean Emergency Housing Repair Guidelines adopted by HSD. 1.9 HSD shall mean the City's Human Services Division. 1.10 Homeowner shall mean an owner of a Residence that qualifies under the HRP for the Rehabilitation of its Residence located on the Homeowner's Property. 1.11 Homeowner Agreement shall mean the agreement by and between a Homeowner and the City governing, and executed in connection with, an Identified Project. 1.12 Homeowner's Property shall mean the land of a Homeowner, all rights and appurtenances thereto; all improvements now or hereafter attached to the land or improvements, and all substitutions and replacements thereof and additions and successions thereto. 1.13 HUD shall mean the U.S. Department of Housing and Urban Development and any successor government agency. 1.14 Identified Project shall mean the Rehabilitation of a specified Residence located on a specified Homeowner's Property pursuant to the HRP. The Identified Project shall be subject to and governed by the terms and provisions of this Agreement and the Project Documents. 1.15 Manner shall mean the Manager of HSD or any other person(s) that may be designated to perform the various functions assigned to the Manager. 1.16 Notice to Proceed shall mean the written authorization issued by the City for the Contractor to proceed with the Work set forth in the Work Write-up for an Identified Project. 1.17 Payment Request shall mean the form prepared, signed and submitted to HSD by the Contractor. The Payment Request shall reflect the value of all the completed and approved Work on the specified line items by trade, the total of the line -item cost of all of the completed Work by trade listed. 1.18 Plans and Specifications shall mean a detailed itemized list approved by the City that provides instructions to the Contractor for an Identified Project, which may include drawings as applicable. Plans and Specifications may be amended by authorized Change Orders. 1,19 Project Documents shall mean this Agreement, the Homeowner Agreement, the Plans and Specifications, the Notice to Proceed, the Certificate of Acceptance, and all other documents pertaining to, or executed in connection with, an Identified Project. EHRP CONTRACTOR AGREEMENT - 2 - 11 /2012 Project Specific CITY OF CITY HALL Federal 1Na 33325 8th Avenue South y (253) 8 Way, WA 98003-6325 (253)35-7000 www ci"ffederahvay com 1.20 Rehabilitation Protect shall mean those repairs required to remove all life, health, or safety hazards to a Residence on a Homeowner's Property, plus increases pursuant to Change Orders. 1.21 Residence shall mean a single family detached dwelling located on, or to be rehabilitated on a Homeowner's Property. 1.22 Subcontractor shall mean any person or entity that, pursuant to this Agreement, will perform Work at a Residence at the request of Contractor. 1.23 Survey shall mean an identification of all relevant characteristics of a Homeowner's Property, including but not limited to a Homeowner's Property location, the improvements location description of a Homeowner's Property. 1.24 Work shall mean the labor and the materials necessary to complete the Identified Project pursuantto the Project Documents. 1.25 Work Write-up shall mean the form that specifies and quantifies the Work to be done in connection with an Identified Project, and includes the Plans and Specifications. 2. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than March 31, 2023("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. .I', 3.1 Work. The Contractor shall provide goods, materials, labor and services and otherwise perform the work more specifically described in Exhibit "A", attached hereto and incorporated by this reference ("Work" or "Identified Project"), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 3.2 Side Agreements. All work to be performed and all specifications pertaining thereto will be identified in the Project Documents. CONTRACTOR SHALL PERFORM NO OTHER WORK UNLESS CHANGE ORDERS FOR ADDITIONAL WORK OR MATERIALS ARE ISSUED IN ACCORDANCE WITH THIS AGREEMENT AND THE PROJECT DOCUMENTS. All properly approved and executed Change Orders shall be made a part of Project Documents. The Contractor agrees not to enter into any side agreements for additional work or materials for a Residence over and above those specified in the Work Write-up, where such labor is to be performed or material to be supplied or installed prior to the issuance of a Certificate of Acceptance. 3.3 Warranties. The Contractor warrants that it has the requisite training, skill and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. The Contractor shall furnish the City with all manufacturer's and supplier's written guarantees, warranties and operating instructions covering EHRP CONTRACTOR AGREEMENT - 3 - 11 /2012 Project Specific FCITY HALL �� � 33325 8th Avenue South C1Yederal Way Federal Way, WA 98003-6325 (253)835-7000 www cityoffederalway.com materials and equipment furnished under the Project Documents for each Identified Project, together with any documentation required for validation. In the event any part of the goods is repaired, only original replacement parts shall be used; rebuilt or used parts are not acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect at no additional expense to the City or the Homeowner. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 3.4 Time, Documentation, and Inspection. The Work to be performed in connection with each Identified Project shall commence on the date specified in the Notice to Proceed issued in connection with such Identified Project. The Work shall be completed within the time period specified in said Notice to Proceed. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 3.5 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 4. TERMINATION. 4.1 Termination with Cause. 4.1.1 The City may terminate this Agreement in its entirety or as to an Identified Project for cause by giving written notice to the Contractor under any of the following circumstances: a. If Contractor neglects to perform the Work in connection with any Identified Project properly, or in a timely manner, or refuses or neglects to supply proper or sufficient materials or workmen, or fails to perform any provision of any of the Project Documents pertaining to an Identified Project; b. If Contractor is adjudged bankrupt, makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of insolvency; c. If Contractor fails to make prompt payment to any Subcontractor for material or labor; or d. Contractor violates any public law or ordinance. 4.1.2. If the City terminates this Agreement in its entirety or as to an Identified Project for cause, the City may take possession ofthe Identified Project site or sites and utilize any and all materials and appliances to be provided under the respective Project Documents which are located on the site or sites to finish the Work. The City shall not prejudice any of the City's rights or remedies under this Agreement or the respective Project Documents, or by law, by terminating this Agreement in its entirety or as to an Identified Project for cause or by taking possession of the site or sites. 4.1.3. In case of termination of this Agreement in its entirety or as to an Identified Project for cause pursuant to this subsection, the Contractor shall not be entitled to receive any payment for any Identified Project until the Work for such Identified Project is completed. Upon completion of any such EHRP CONTRACTOR AGREEMENT - 4 - 11/2012 Project Specific FCITY HALL � 33325 8th Avenue South CITY Way Federal Way, WA 98003-6325 (253)835-7000 www cityoffedera/wey com Identified Project, the Contractor shall be given any balance of the Contract Price less any damages and less the amount of expenses incurred by the City in finishingthe Work for such Identified Project, including any costs in addition to or in excess of those originally contemplated in the Project Documents for such Identified Project. If the cost in completing the Work for any such Identified Project is greater than the original Contract Price, the Contractor shall pay the difference to the City upon ten (10) days written demand. 4.2 Termination Without Cause. The City may terminate this Agreement in its entirety or as to an Identified Project without cause by giving written notice of said termination to the Contractor. In case of termination of this Agreement in its entirety or as to an Identified Project without cause pursuant to this subsection, the Contractor shall submit his final statement for all Work performed through the date of termination for the respective Identified Project or, in the case of the termination of this Agreement in its entirety, for all Identified Projects under this Agreement, which shall be payable in the manner provided in Section V of this Agreement. 4.3 Acceptance of Inferior Work. In connection with any Identified Project, the City may accept Work that appears to be incorrect if, in the City's opinion, it is impractical to have the Work corrected. In such case, the City does not waive the defect, but rather may deduct a reasonable amount for the loss sustained from the Contract Price for said Identified Project. This subsection is not intended to limit the right ofthe City to recover additional damages as may be permitted under this Agreement, the respective Project Documents or by law. 4.4 Cessation of Work. Upon receipt of a notice to terminate from the City, the Contractor shall discontinue all Work under this Agreement and all Project Documents for each Identified Project, unless the notice specifies a later termination date or that specific Work be completed prior to termination. 5. COMPENSATION. 5.1 Contract Price. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B", the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 5.2 Change Orders. If the Contractor determines that a change in the Work or Contract Price is required; the Contractor may submit an estimate for increases or decreases due to such change. The City shall review the requested change. If the City elects to authorize the change, the City will compute the reduction from or addition to the Contract Price due to said change and will authorize such change in writing by the issuance of a Change Order. The Contractor will not, and shall not have any obligation to, perform any change in the Work until a Change Order has been authorized and issued by the City. Under no circumstances may the amount of the Contract Price, plus Change Orders exceed the maximum amount of assistance authorized under the HRP Guidelines. 5.3 Method of Payment. Once the Work has been completed, the Contractor shall submit a Payment Request in the form specified by the City, including a description of what Work have been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Contractor will then schedule and conduct a walk-through inspection of the Residence together with the Homeowner and the Contractor. During the final inspection, the City's inspector will prepare a field report in which the City's inspector determines whether the Work has been satisfactorily completed in accordance with the Project Documents. He will discuss the warranty and any other EHRP CONTRACTOR AGREEMENT - 5 - 11 /2012 Project Specific CFed a ra I Wa CITY HALL 33325 8th Avenue South W AV Federal Way, WA 98003-6325 (253)835-7000 www cityoffederalway com outstanding issues with the Homeowner. The City's inspector and the Homeowner will make a list of items that are in need of correction or completion, based upon the Project Documents (the "Punch List"). The City's inspector will provide the Homeowner and Contractor with a copy of the Punch List. The Contractor will schedule and complete the Work on the Punch List within five (5) days of receipt thereof. When the Work on the Punch List is complete, the Contractor, Homeowner and City's inspector will verify that all such Work has been completed. Upon completion of all Work on the Punch List and verification of the completion by the Contractor, the Homeowner and the City's Inspector, the City's Inspector will sign and forward the Payment Request for the final payment to the City HSD office for processing and payment, which final payment, will be made to the Contractor after thirty (30) days from the date of the Payment Request. If the Work do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 5.4 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements ofthis Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Contractor shall be liable to the City for any "additional Costs" incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. 5.5 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5.6 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. 6.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor' negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. EHRP CONTRACTOR AGREEMENT - 6 - 11 /2012 Project Specific Federal Way CITY decal Way, Y 33325 8th Avenue South `` _ Federal Way, WA 98003-6325 (253)835-7000 www cityoffederalwey com 6.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 6.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration ortermination. 7. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors performed under the Project Documents for an Identified Project for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 7.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limitsno less than $2,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuantto the laws of the State of Washington; C. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with a minimum combined single limit in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 7.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement 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. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 7.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. EHRP CONTRACTOR AGREEMENT - 7 - 11 /2012 Project Specific �Fe d e ra I Way CITY HALL 33325 8th Avenue South � Federal Way, WA 98003-6325 (253)835-7000 www atyoffederalway com 7.4 Survival. The provisions ofthis Section shall survive the expiration or termination ofthis Agreement. 8. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 9. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination ofthis Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 10. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 11. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. 11.1 Independence. The Parties intend that the Contractor shall be an independent contractor and thatthe Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit ofemployment, norto pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11.2 Safety. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same EHRP CONTRACTOR AGREEMENT - 8 - 11/2012 Project Specific CITY OF CITY HALL Fe d e ra 11lVa 33325 Avenue South `` _ Y (253)Federal Way, WA 98003-6325 (253)835-7000 www crtyoffedera&ay com 11.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, the work must meet the approval ofthe City and shall be subject to the City's general right of inspection to secure satisfactory completion 11.4 Prevailing Wages. 11.4.1 Wages of Employees. This Agreement is subject to the minimum wage requirements of Chapter 39.12 of the Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly wages and fringe benefits to be paid to any of Contractor's laborers, workers and/or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as determined by the Industrial Statistician of the Department of Labor and Industries of the State of Washington. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates that are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City 11.4.2 Agreements Exceeding One Year. Pursuant to WAC 296-127-023, or hereafter amended, the City agrees to pay any increase in the current prevailing wages if and when this Contract is extended provided that the term of the Contract exceeds one year. The City further agrees to pay the current prevailing wages at the time of additional yearly extensions, and the Contractor agrees to pay its employees the increased prevailing wage. 11.4.3 Exemptions to Prevailing Wad. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Agreement do not apply to: Sole owners and their spouses; any partner who owns at least 30% of a partnership; the President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 11.4.4 Reporting Requirements. Contractor shall comply with all reporting requirements of the Department of Labor and Industries of the State of Washington. Upon the execution of this Agreement, Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labor and Industries. Upon completion of the Work, Contractor shall complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City. 11.4.5 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 12. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. EHRP CONTRACTOR AGREEMENT - 9 - 11/2012 Project Specific FCITY HALL Y 33325 8th Avenue South CITeda Federal Way Federal Way, WA 98003-5325 (253) 835-7000 www aryoffederalwey com 13. EQUAL OPPORTUNITY- EMLPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 14.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provisions thereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date ofthe Agreement that is consistent with the authority ofthe Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 14.2 AssigLiment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 14.3 Applicable Law. This Agreement is subject to all laws ofthe United States of America, the State of Washington, and ordinances of the City and all rules and regulations of any regulatory body or office having jurisdiction and in particular, without limitation, the federal regulations codified at Title 24, Code of Federal Regulations (CFR) Part 570 or 24 CFR Part 92. 14.4 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 14.5 Enforcement. Time is of the essence of this Agreement and each and all of its provisions EHRP CONTRACTOR AGREEMENT - 10 - 11 /2012 Project Specific CITY OF CITY HALL South Fe d e ra l Vila Feder l Avenue 8003 �� � Federal Way, WA 98003-6325 J (253)835-7000 www cityo(/ederalway corn in which performance is a factor. Adherence to completion dates set forth in the description ofthe Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. Ifthe King County Superior Court does not have jurisdiction over such a suit, then suitmaybe filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction ofthe state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. Execution. Each individual executing this Agreement on behalf ofthe City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proofhereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] EHRP CONTRACTOR AGREEMENT - 11 - 11 /2012 Project Specific CITY OF Federal Way C►TY MALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www cityoffederakay com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: r For rim crrel], Mayor APPROVED AS TO FORM: AAM CONSTRUCTION LLC: By: —Tt-3 Lo�-1 Printed Name: Pavel Tislenok Title: kat�i 2 6 1 Q. w 0-- Date: Z — 2— L�, — 2y z STATE OF WASHINGTON) ss. COUNTY OF YA Y1 j ATTEST: aty .lcrk, Steplianie Co rt y, CMC On this day personally appeared before me Pavel Tislenok, to me known to be the Qm(X of 1 1101 that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. 4/1 GIVEN %,k%qe nd official seal thisA day of , 2023_ ,kowtvil O Notary's signature 4 *�gstq+v tt�y/,'i► �i/,Notary's printed name Notary Abfic in and for the Sta e of Washington. 22027317015 My commission expires a r ��JII���►t+�`�2`�5_ pip= EHRP CONTRACTOR AGREEMENT - 12 - 11/20t2 FCITY HALL Y 33325 8th Avenue South CITed Federal I Way Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahvay com EXHIBIT "A" WORK Identified Project: Water damage flooring removal and repair 2101 S 324th St, #72, Federal Way, WA 98003 Project Number: #2205PEAKAR Scope of Work: • Remove full cabinet in secondary bathroom. • Remove toilet in secondary bathroom. • Remove damaged subfloor in secondary bathroom. • Check on source of damage. • Repair joists if necessary. • Install new 3/4 plywood subfloor. • Install LVP flooring. Repair base of cabinet. • Set back bathroom cabinet. • Install removed toilet. • Remove part of carpet in hallway. • Remove carpet pad in hallway. ■ Remove damaged subfloor in hallway. • Check for additional damage. • Fix joists if necessary. • Install new 3/4 plywood subfloor. • Install new carpet pad. • Install back carpet and glue cut area to finish look. • Clean, remove, and dispose of all trash. Expected 2-3 days of work per Contractor. Contractor agrees to allow separate contractor handling plumbing work for repairs to the source of the leak access to perform their part of the work. Should any potential or actual delays arise due to the work performed by the other contractor, Contractor agrees to notify the City immediately and provide an expected timeframe for completion of Contractor's work. EHRP CONTRACTOR AGREEMENT - 13 - 11/2012 Project Specific CITY OF ,� Federal Way EXHIBIT "B" COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www ciryoifederalwey com Total Compensation: In return for the Work, the City shall pay the Contractor an amount not to exceed Four Thousand Five Hundred Seventy -Five and 89/100 Dollars ($4,575.89), which includes a base bid of Four Thousand One Hundred Fifty -Nine and 90/100 Dollars ($4,159.90) and a 10 percent contingency. The contingency may be paid for unforeseen repairs,, but only if the repairs are approved by City of Federal Way Housing Repair staff. EHRP CONTRACTOR AGREEMENT - 14 - 11/2012 Project Specific CITY OF CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003 6325 (253) 835-7000 www. c0ofTedershvay com EXHIBIT "C" INSURANCE CERTIFICATE (to be provided by Contractor) EHRP CONTRACTOR AGREEMENT - 15 - 11/2012 Project Specific AAMCONS-01 VKISHLALY CERTIFICATE OF LIABILITY INSURANCE DATE(M 3128/202YYY) 2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER —' Basin Pacific Insurance & Benefits PHONE FAX 33919 9th Avenue S, Suite 104 IA/C, No, Ext): (253) 874.0176 Alc Np ; 253 874-0153 Federal Way, WA 98003 Je ss: Idotsenko@basinpocific.com INSURED AAM Construction LLC 37939 20th PI S Federal Way, WA 98003 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE .ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD"' POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR X BIS00036301-03 3/9/2023 3/9/2024 EACH OCCURRENCE S 1,000,000 DIR IAIGETORENTEDLF wcurron . S 100,000 MED EXP (Any oneperson) $ 5,000 PERSONAL & ADV INJURY S 1,000,000 E '_AGGREGATE LIMIT APPLIES PER: X POLICY LOC GENERALAGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG 2,000,000 OTHER AUTOMOBILE LIABILITY COM1INEI1 SINGLE LIMIT e BODILY INJURY Perperson) S ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY ITNJJURY Per accident) or ec �sf ,nt AMAGE WN� AUTOS ONLY A11T08 UNL� $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE EXCESS LIAB DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YINST PER E FOTH- ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under N I A E.L. EACH ACCIDENT 5 E.L. DISEASE - EA EMPLOYEE S DESCRIPTION OF OPERATIONS below EL DISEASE - POLICY LIMIT S A Stop Gap IBIS00036301-03 3/9/2023 319/2024 Limit 1,000,000 B Bond SVD 000063480 11/9/2022 11/9/2023 Limit 12,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Evidence of General Liability Insurance. Certificate Holder is Listed as Additional Insured. City of Federal Way 33325 8th Ave SE Federal Way, WA 98003 ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CITY OF CITY HALL ASF� a ra I Way Feder 8th Avenue South �� J Y Federal Way, WA 98003-6325 (253) 835-7000 www cilwffederahaay com EXHIBIT "D" HOMEOWNER INFORMATION, PROJECT INSPECTION REPORT, AND FUNDING SOURCE INFORMATION This project has been evaluated by the Program Administrator with the City of Federal Way for the Housing Repair Program. The qualifications for this project include an application process, proof of income for income -based assistance, and project scope of work. This project has been approved for use of grant funding through the Community Development Block Grant with the Department of Housing & Urban Development. Homeowner's Name - Karl Pearson Location of Project - 2101 S 324th St, #72, Federal Way, WA 98003 Inspection Notes: • Inspection performed on 10/5/2022 by Andrew Norton, Inspector for the City of Federal Way. • Inspection Findings: o Water leak in bathroom that has seeped into the hallway. o Source of the leak was undetermined at the time of the City's Inspection. Upon inspection by a plumber through Habitat for Humanity, the source was determined to be the water line to the toilet. o Severe floor damage around toilet base. ■ Inspection Recommendations: o Replacement of flooring in bathroom. o Replacement of flooring in hallway. • Other Inspection Notes: o This project is being worked on in conjunction with Habitat for Humanity for the piping repair. The City of Federal Way is only repairing the flooring in the bathroom and hallway. Once this work has been completed, Habitat for Humanity will come in and do the repair to the plumbing under their own contract. Funding Source Information: • Department of Housing & Urban Development, Community Development Block Grant • Grant #B-MC-53-0015 • Maximum amount allowable: $5,000.00 EHRP CONTRACTOR AGREEMENT - 16 - 11/2012 Project Specific