086-20 - Bremerton Backflow Services - ContractCITY OF PORT ORCHARD PURCHASED SERVICE AGREEMENT
THIS Agreement ("Agreement") is made effective as of the 9th day of November, 2020, by and
between the City of Port Orchard, a municipal corporation, organized under the laws of the State of
Washington, whose address is:
CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY")
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360,876.4407 Fax: 360.895.9029
and Bremerton Backflow Services a Limited Liability Company (describe the type of
organization, whether corporation, sole proprietorship, etc.), organized under the laws of the State of
Washington, doing business at:
Bremerton Backflow Services (hereinafter the "VENDOR")
PO Box 3071
Bremerton, WA 98310
Contact: Jeff Mihulka Phone: 360.405.0399 Email: Jeff@bremertonbackflow.com
for purchased services performed in connection with the following:
City -Owned Backflow Device Testing
TERMS AND CONDITIONS
Services by Vendor.
A. The Vendor shall perform the services described in the Scope of Work attached to this
Agreement as Exhibit "A". The services performed by the Vendor shall not exceed the Scope of Work
without prior written authorization from the City.
B. The City may from time to time require changes or modifications in the Scope of Work.
Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by
the parties and incorporated in written amendments to the Agreement.
C. This Agreement shall commence on November 10th. 2020, ("Commencement Date")
and shall terminate September 301h, 2021, unless extended or terminated in writing as provided herein.
Additionally, the City reserves the rights to review the Agreement at regular intervals to assure the
quality of services provided by the Vendor and to offer two (2) one-year extensions prior to
contract expiration to retain the Vendor's services.
D. Unless otherwise specified in the attached Scope of Work, all tools, equipment, supplies,
chemicals or any other materials necessary for the completion of the services described in the Scope of
Work shall be provided by the Vendor.
City of Port Orchard and Bremerton Backflow Services
Purchased Service Contract No. C086-20
Public Works Project No. PW2020-017 Rev 4/10/2020
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E. The Vendor shall report any damage or potential hazard involving City property
immediately to the City of Port Orchard Public Works Department or in the case of an emergency by
calling 911. Hazardous conditions shall be immediately remedied or secured by the Vendor to prevent
further damage and/or to protect the public from injury.
F. Any incidents, accidents, or altercations with members of the public or with City staff
shall be immediately reported to the City of Port Orchard Public Works Department. The City's Public
Works Director may require a written report describing the incident or accident.
G. The Vendor shall remedy, in a timely manner, and at its expense, any damage to City
property due to the negligence of the Vendor or the Vendor's employees.
2. Schedule of Work
A. The Vendor shall perform the services described in the scope of work in accordance with
the Schedule attached to this contract as Exhibit "A". If delays beyond the Vendor's reasonable control
occur, the parties will negotiate in good faith to determine whether an extension is appropriate.
B. The Vendor is authorized to proceed with services upon receipt of a written Notice to
Proceed.
3. Compensation.
QLUMP SUM. Compensation for these services shall be a Lump Sum of $1,874.80.
❑ TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not
exceed $ without written authorization and will be based on billing rates and reimbursable
expenses attached hereto as Exhibit "_
11.
ElTIME AND MATERIALS. Compensation for these services shall be on a time and materials
basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit
❑ OTHER.
4. Payment.
A. The Vendor shall maintain time and expense records and provide them to the City
monthly after services have been performed, along with monthly invoices in a format acceptable to the
City for work performed to the date of the invoice.
B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a complete
invoice. If the City objects to all or any portion of any invoice, it shall so notify the Vendor of the same
within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute,
and the parties shall immediately make every effort to settle the disputed portion.
C. The Vendor shall keep cost records and accounts pertaining to this Agreement available
for inspection by City representatives for six (6) years after final payment unless a longer period is
required by a third -party agreement. Copies shall be made available on request.
City of Port Orchard and Bremerton Backflow Services
Purchased Service Contract No. C086-20
Public Works Project No. PW2020-017 Rev 4/10/2020
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D. If the services rendered do not meet the requirements of this Agreement, the Vendor will
correct or modify the work to comply with this Agreement. The City may withhold payment for such
work until the work meets the requirements of the Agreement.
5. Discrimination and Compliance with Laws
A. The Vendor agrees not to discriminate against any employee or applicant for employment
or any other person in the performance of this Agreement because of race, creed, color, national origin,
marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or
ordinance, except for a bona fide occupational qualification.
B. Even though the Vendor is an independent contractor with the authority to control and
direct the performance and details of the work authorized under this Agreement, the work must meet the
approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory
completion thereof.
C. The Vendor agrees to comply with all federal, state and municipal laws, rules and
regulations, including but not limited to all health and safety regulations applicable to the work that are
now effective or become applicable within the term(s) of this Agreement to the Vendor's business,
equipment and personnel engaged in operations covered by this Agreement or accruing out of the
performance of such operations. The Vendor shall comply with all federal and state laws applicable to
independent contractors, including, but not limited to, the Washington State Worker's Compensation and
Unemployment Insurance laws, and maintenance of a separate set of books and records that reflect all
items of income and expenses of the Vendor's business, pursuant to Revised Code of Washington (RCW)
51.08.195, as required by law, to show that the services performed by the Vendor under this Agreement
shall not give rise to an employer -employee relationship between the parties, which is subject to Title 51
RCW. Industrial Insurance.
D. The Vendor shall comply with prevailing wage requirements under Washington law.
See, Prevailing Wage Addendum to this Agreement.
F. The Vendor shall obtain a City of Port Orchard business license prior to commencing
work pursuant to a written Notice to Proceed.
F. Violation of this Paragraph 5 shall be a material breach of this Agreement and grounds
for cancellation, termination, or suspension of this Agreement by the City, in whole or in part, and may
result in ineligibility for further work for the City.
6. Relationship of Parties. The parties intend that an independent contractor -client relationship
will be created by this Agreement. As the Vendor is customarily engaged in an independently established
trade which encompasses the specific service provided to the City hereunder, no agent, employee or
representative of the Vendor shall be or shall be deemed to be the employee, agent or representative of the
City. In the performance of the work, the Vendor is an independent contractor with the ability to control
and direct the performance and details of the work, the City being interested only in the results obtained
under this Agreement. None of the benefits provided by the City to its employees, including but not
limited to compensation, insurance, and unemployment insurance, are available from the City to the
employees, agents or representatives of the Vendor. The Vendor will be solely and entirely responsible
for its acts and for the acts of its agents, employees, representatives and sub -consultants during the
City of Port Orchard and Bremerton Backflow Services
Purchased Service Contract No. C086-20
Public Works Project No. PW2020-017 Rev 4/10/2020
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performance of this Agreement. The City may, during the term(s) of this Agreement, engage other
independent contractors to perform the same or similar work that the Vendor performs hereunder.
7. Suspension and Termination of Agreement
A. Termination without cause. This Agreement may be terminated by the City at any time
for public convenience, for the Vendor's insolvency or bankruptcy, or the Vendor's assignment for the
benefit of creditors.
B. Termination with cause. The Agreement may be terminated upon the default of the
Vendor and the failure of the Vendor to cure such default within a reasonable time after receiving written
notice of the default.
C. Rights Upon Termination.
I. With or Without Cause. Upon termination for any reason, all finished or
unfinished documents, reports, or other material or work of the Vendor pursuant to this
Agreement shall be submitted to the City, and the Vendor shall be entitled to just and equitable
compensation for any satisfactory work completed prior to the date of termination, not to exceed
the total compensation set forth herein. The Vendor shall not be entitled to any reallocation of
cost, profit or overhead. The Vendor shall not in any event be entitled to anticipated profit on
work not performed because of such termination. The Vendor shall use its best efforts to
minimize the compensation payable under this Agreement in the event of such termination.
Upon termination, the City may take over the work and prosecute the same to completion, by
contract or otherwise.
2. Default. If the Agreement is terminated for default, the Vendor shall not be
entitled to receive any further payments under the Agreement until all work called for has been
fully performed. Any extra cost or damage to the City resulting from such default(s) shall be
deducted from any money due or coming due to the Vendor. The Vendor shall bear any extra
expenses incurred by the City in completing the work, including all increased costs for
completing the work, and all damage sustained, or which may be sustained, by the City by reason
of such default.
D. Suspension. The City may suspend this Agreement, at its sole discretion. Any
reimbursement for expenses incurred due to the suspension shall be limited to the Vendor's reasonable
expenses, and shall be subject to verification. The Vendor shall resume performance of services under
this Agreement without delay when the suspension period ends.
E. Notice of Termination or Suspension. If delivered to the Vendor in person, termination
shall be effective immediately upon the Vendor's receipt of the City's written notice or such date as stated
in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Vendor
in writing upon one week's advance notice to the Vendor. Such notice shall indicate the anticipated
period of suspension. Notice may also be delivered to the Vendor at the address set forth in Section 14
herein.
City of Port Orchard and Bremerton Backflow Services
Purchased Service Contract No. C086-20
Public Works Project No. PW2020-017 Rev 4/10/2020
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8. Standard of Care.
The Vendor represents and warrants that it, and the Vendor's employees, have the requisite training, skill
and experience necessary to provide the services under this Agreement and are appropriately accredited
and licensed by all applicable agencies and governmental entities. Services provided by the Vendor and
the Vendor's employees under this Agreement will be performed in a manner consistent with that degree
of care and skill ordinarily exercised by members of the same profession currently practicing in similar
circumstances.
The Vendor and the Vendor's employees shall conduct themselves in a professional manner at all times
when on site. The Vendor's employees shall wear clothing and/or a uniform which clearly identifies
them as an employee of the Vendor.
The Vendor further represents and warrants that it shall provide proper supervision for any employees
utilized to perform the services herein and shall ensure that all employees are properly trained and
qualified. The Vendor shall ensure that all workplace safety requirements of state or federal law are
strictly observed at all times. The Vendor warrants that all employees have been trained to comply with
state and federal standards (including but not limited to standards for handling chemicals, WISHA and
OSHA) relevant to the duties to be performed in accordance with the Scope of Work.
9. Ownership and Use of Documents. All records, files, documents, drawings, specifications, data
or information, regardless of form or format, and all other materials produced by the Vendor in
connection with the services provided to the City, shall be the property of the City whether finished or not
and also whether the project for which they were created is executed or not.
10. Work Performed at the Vendor's Risk. The Vendor shall take all precautions necessary and
shall be responsible for the safety of its employees, agents and representatives in the performance of the
work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at the
Vendor's own risk, and the Vendor shall be responsible for any loss or damage to materials, tools, or
other articles used or held by the Vendor for use in connection with the work.
11. Indemnification. The Vendor shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorneys' 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 City. The City's
inspection or acceptance of any of the Vendor's work when completed shall not be grounds to avoid any
of these covenants of indemnification. Nothing in this Agreement shall be construed as creating a
liability or right of indemnification in any third party.
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 Vendor and the City, its officers, officials,
employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the
Vendor's negligence. The provisions of this section shall survive the expiration or termination of this
Agreement.
City of Port Orchard and Bremerton Backflow Services
Purchased Service Contract No. C086-20
Public Works Project No. PW2020-017 Rev 4/10/2020
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IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES
OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER. THE VENDOR'S WAIVER OF IMMUNITY UNDER
THE PROVISIONS OF THIS SECTION DOES NOT INCLUDE, OR EXTEND TO, ANY CLAIMS BY
THE VENDOR'S EMPLOYEES DIRECTLY AGAINST THE VENDOR.
12. Insurance. The Vendor shall procure and maintain for the duration of this Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection with
the performance of the work hereunder by the Vendor, its agents, representatives, or employees.
A. Minimum Scope of Insurance
Vendor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non -owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00
01 or a substitute form providing equivalent liability coverage. If necessary, the
policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 or a substitute form providing equivalent liability coverage and shall cover
liability arising from premises, operations, independent contractors and personal
injury and advertising injury. The City shall be named by endorsement as an
additional insured under the Vendor's Commercial General Liability insurance policy
with respect to the work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
4. Professional Liability insurance appropriate to the Vendor's profession if applicable.
B. Minimum Amounts of Insurance
Vendor shall maintain the following insurance limits:
1. Automobile Liabilitv insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
3. Workers' Compensation Employer's Liability each accident $1,000,000. Employer's
Liability Disease each employee $1,000,000, and Employer's Liability Disease —
Policy Limit $1,000.00.
4. Professional Liability insurance shall be written with limits no less than $1,000,000
per claim and $1,000,000 policy aggregate limit.
City of Port Orchard and Bremerton Backflow Services
Purchased Service Contract No. C086-20
Public Works Project No. PW2020-017 Rev 4/10/2020
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C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Professional Liability and Commercial General Liability insurance (as
applicable to each line of coverage):
1. The Vendor'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 Consultant's insurance and shall not contribute with it.
2. The Vendor shall provide thirty (30) days written notice by certified mail, return
receipt requested, to the City prior to the cancellation or alteration of coverage.
3. The City will not waive its right to subrogation against the Vendor. The Vendor's
insurance shall be endorsed to waive the right of
subrogation against the City, or any self-insurance, or insurance pool coverage
maintained by the City.
4. If coverage is written on a "claims made" basis, then a minimum of a three (3) year
extended reporting period shall be included with the claims made policy, and proof
of this extended reporting period provided by the City.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:Vfl.
E. Verification of Coverage
The Vendor shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Vendor before commencement of the work.
13. Assigning or Subcontracting. The Vendor shall not assign, transfer, subcontract or encumber
any rights, duties, or interests accruing from this Agreement without the express prior written consent of
the City, which consent may be withheld in the sole discretion of the City.
14. Notice. Any notices required to be given by the City to the Vendor or by the Vendor to the City
shall be in writing and delivered to the parties at the following addresses:
Robert Putaansuu
Mayor
216 Prospect Street
Port Orchard, WA 98366
VENDOR
Attn:
Phone: 360.876.4407 Phone:
Fax: 360.895.9029 Fax:
15. Resolution of Disputes and Governing Law.
City of Port Orchard and Bremerton Backflow Services
Purchased Service Contract No. C086-20
Public Works Project No. PW2020-017 Rev 4/10/2020
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A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions
contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term
or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between
the parties relative to the actual services provided or to the sufficiency of the performance hereunder.
B. If any dispute arises between the City and the Vendor under any of the provisions of this
Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Vendor
does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall
be filed in Kitsap County Superior Court, Kitsap County, Washington.
C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the
substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable
attorneys' fees from the other party.
16. General Provisions.
A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein contained in one or
more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or
options, and the same shall be in full force and effect.
B. Modification. No waiver, alteration, modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and the Vendor.
C. Severability. The provisions of this Agreement are declared to be severable. If any
provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of
any other provision.
D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits
and Addenda attached hereto, shall supersede all prior verbal statements of any officer or other
representative of the City, and such statements shall not be effective or be construed as entering into or
forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The
entire agreement between the parties with respect to the subject matter hereunder is contained in this
Agreement, the Exhibits and Addenda attached hereto, which may or may not have been dated prior to the
execution of this Agreement. All of the above documents are hereby made a part of this Agreement and
form the Agreement document as fully as if the same were set forth herein. Should any language in any
of the Exhibits or Addenda to this Agreement conflict with any language contained in this Agreement,
then this Agreement shall prevail.
17. Title VI
The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat.
252, 42 U.S.C. 2000d to 2000d4 and Title 49, Code of Federal Regulations, Department of
Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted
programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that
its contracts comply with these regulations.
City of Port Orchard and Bremerton Backflow Services
Purchased Service Contract No. C086-20
Public Works Project No. PW2020-017 Rev 4/10/2020
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Therefore, during the performance of this Agreement, the Vendor, for itself, its assignees, and successors
in interest agrees as follows:
1. Compliance with Regulations: The Vendor will comply with the Acts and the Regulations
relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of
Transportation, Federal Highway Administration (FHWA), as they may be amended from time to
time, which are herein incorporated by reference and made a part of this Agreement.
2. Nondiscrimination: The Vendor, with regard to the work performed by it during this Agreement,
will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -
level, or LEP in the selection and retention of subcontractors, including procurements of materials
and leases of equipment. The Vendor will not participate directly or indirectly in the
discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached
hereto and incorporated herein by this reference, including employment practices when this
Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the Vendor 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 Vendor of the Vendor's obligations
under this Agreement and the Acts and the Regulations relative to Non-discrimination on the
grounds of race, color, national origin, sex, age, disability, income -level, or LEP.
4. Information and Reports: The Vendor 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
City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of the Vendor is in the exclusive possession of
another who fails or refuses to famish the information, the Vendor will so certify to the City or
the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the Vendor's noncompliance with the Non-
discrimination provisions of this Agreement, the City will impose such contract sanctions as it or
the FHWA may determine to be appropriate, including, but not limited to:
1. withholding payments to the Vendor under the Agreement until the Vendor complies;
and/or
2. cancelling, terminating, or suspending the Agreement, in whole or in part.
6. Incorporation of Provisions: The Vendor will include the provisions of paragraphs one through
six in every subcontract, including procurements of materials and leases of equipment, unless
exempt by the Acts, the Regulations and directives issued pursuant thereto. The Vendor will take
action with respect to any subcontract or procurement as the City or the FHWA may direct as a
means of enforcing such provisions including sanctions for noncompliance. Provided, that if the
Vendor becomes involved in, or is threatened with litigation by a subcontractor, or supplier
because of such direction, the Vendor may request the City to enter into any litigation to protect
the interests of the City. In addition, the Vendor may request the United States to enter into the
litigation to protect the interests of the United States.
City of Port Orchard and Bremerton Backflow Services
Purchased Service Contract No. C086-20
Public Works Project No. PW2020-017 Rev 4/10/2020
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IN WITNESS WHF.RF.OF. the parties have executed this .Agreement on the day and year set
forth above.
CITY OF PORT ORCHARD,
WASHINGTON
,*44 �
By:
Robert Putaansuu, Mayor
ATTEST/:% ' -NTICATF
By:.
�Utuao,
Brandy Rinearson, h IC. City Clork
APPROVED AS TO FORM:
By:
Charlotte A. Archer, City Attorney
ON
_ _ _.ni►.
Citv of Port Orchard and Bremerton Backtlow Services
Purchased Service Contract No. C086-20
Public Works Project No. PW2020-017
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Rev 4/ 10/2020
APPENDIX A
During the performance of this Agreement, the Vendor, for itself, its assignees, and successors in interest
agrees to comply with the following non-discrimination statutes and authorities; including but not limited
to:
Pertinent Non -Discrimination Authorities:
• Title VI of the Civil Rights .Act of 1964 (42 Il S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 C.F.R. Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration 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 ID of the Americans with Disabilities Act, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• 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 DC of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
City of Port Orchard and Bremerton Backflow Services
Purchased Service Contract No. C086-20
Public Works Project No. PW2020-017 Rev 4/10/2020
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Prevailins Waves
The county in which this public works project is located is Kitsap, and the State of
Washington prevailing wage rates for Kitsap County apply to work performed under this
contract. The applicable prevailing wage rates may be found at the following website
address of the Department of Labor and Industries:
httt)s://fortress.wa. eov/tni/wagelookup/PrvWageLookUp.asox
A hard copy of the list of applicable prevailing wage rates is available for inspection during
business hours at the City's Department of Public Works, which is located at 216 Prospect
Street, Port Orchard, Washington 98366. A hard copy of said list will be mailed only upon
written request. Prevailing wage rates for public works contracts are published on the first
business day of February and the first business day of August of each year. These rates
become effective thirty days after the date of publication. The prevailing wage rates in
effect on the bid opening date are the prevailing wage rates that apply to that project, no
matter how long it lasts, unless the contract is awarded more than six months after the bids
were due. For those contracts where award was delayed more than six months, the
prevailing wage rates in effect on the date of the award shall apply for the duration of the
contract.
City Backflow Prevention Assemblies
facility name
Arne AtooeR
type
Min
wie
Mii
att
L"almn
1 Manna Pump St than
707 Sidney Pkwy,
RP
WATTS
11/1'
9091M1QT
394012
NW wall in pump house
Wmp
sewer
2 Cm, Hall
216 Prospert St
RP
WATTS
2'
009M2QT
122823
main water teed tank NE corner of mechanical room
ch
3 Ory Hall
216 Prospect St
OC
AMES
3/4"
20008
1264
NW wall of mechanical room
ch
4 City Hall
215 Prospect St
RP
WATTS
3/4"
009M2CIr
126SS4
in mechanical room above fire va. boiler
ch
5 city Hall
216 Prospect St
OC
FEBCO
1"
BSO
A13088
in meter box outside mecham• at room
ch
6 City Hall
216 Prospect St
DC
•AMES
4'
33NO393
NW wall of mechanical room
th
7 City Hall Water Sta
540 Bay St
RP
WATTS
11/2'
LFO09M2QT
011369
In Pump Building
ch
8 Dekalb B gay St Park
475 Bay St
DC
FEBCO
1"
ANI
1S349
West of Sinclan Inlet Marina
park
9 lot 42
700 sorry Pkwy
DC
FEBCO
1'
11150
H07560
in ui box, Lot 42, by meter in Marina Park
park
10 Port Orchard Library
87 Sidnev Ave
OC
'WILKINS
1"
950XLT
1910268
north side of bldg near restronms
library
11 Port Orchard Library
97 Sidnev Ave
OC
FESCO
1"
&W
HA21373
NE comer f LK7g under mall box
library
12 Rockwell Park
1101 BAY STREET
CC
WILKUNS
1'
9SOXLT
4601400
park
13 Etta Turner Park
1305 gay 5;
IX
WILKINS
1"
950Xt r
W 171372
in utility box in shrubs
park
14 Maple St. Well e6
200114aple St
RP
WATTS
11/2'
LFOU9M2QT
OIN71
In Pump Building
pump
water
15 Bethel Ave Round a -gout
Bethel Ate
OC
FEBCO
1"
805Y
At92797
in utfl'Ky box in Round -A -Bout
park
16 Clayton Park
915 Dw8Fhi St
DC
WATTS
314"
60071A3QT
$9267
Behind meter/Bammom
park
17 Clayton Park
915 Dwight St
fn_
WILKINS
2'
35tot1 T2
4281145
Behind meter/uripUon
park
18 Well 48
2.514SEnay Awe
fiP
'.WILKINS
1/2'
975XL2V
W408524
inPump House
pump
water
19 Flower Meadows '.,it Station
345 Flower Meadows St
WATTS
1"
009M2QT
A80797
in hotbox by generator
pump
sewer
20 Pottery Lilt Station
2014 Rare" A"
11/2"
375
A34446
Next to water hydrant
pump
sewer
21 Tremont Round About
SW lmeieTlon of Tremont B Roland
OC
WILKINS
2"
95MLI
4400172
In Lax behind sidewalk
park
22 Well a9 Vanua Park
1670 Sidney Ave
RP
.WILKINS
3/4"
975XUV
3913553
Booster Building
pump
water
23 Well 49 Vanxee Park
16M Sidney Ave
RR
WILKINS
3/4"
975XLIV
3913554
Well Building
pump
water
24 Well a9
300 Tremont St
RP
WILKINS
1.5"
'97SXL:
4672697
In filter Budding
pump
water
IS Well 49 Bldg
300 TREMONI ST
RP
WAIN
3"
BS7
SC4990
In Filter bBuddmg
water
26 Well 99 Booster Bldg
300 Tremont St
OC
Wilkins
3/4"
350XL
A818952
Well N Booster Building
pump
water
27 Vanua Park So: cer Field
16705idI,ev Ave
DC
WILKINS
1112'
950XLT
'3801804
Park soccer field
park
28 Canyon Court Pump Station
S12 Cedar Canyon PI
RP
WILKINS
I"
975XL
W299690
inside hotbox inside fence
pump
sewer
29 Harrison Uh Station
AMt South X4sap BM
RP
WATTS
1"
LF009M2QT
120071
Undergrourta in Lax
pump
sewer
30 Sweeper Pad
1270 Uoyd Parkway
RP
WATTS
2"
LFOO9M2QT
76083
Behind meter
decant
31 Decant Facdhy
1272 Lloyd Parkway
F:P
WILKINS
2"
975XL2
4R7815
Hot tax behind meter
decant
32 McCormick Woods Pump Station 41
11905W Old Clifton Rd
RP
FEBCO
1'
82SV
B18037
in chlorine injection room
pump
sewer
33 The Ridge Pump Stations 162
24765W Slskin Or
RP
WATTS
I"
i9,4M -:
A68430
in hotbox
Pump
sewer
34 Anderson Creek
Kenmore Ct
OC
WILKINS
314"
950XLT
2287671
L50h west of 4833 Kenmore Ct
pump
water
3S McCormick Water Pump House
51715t. Andrews Dr.
RP
WATTS
1/2"
LFO09QT
33300
In Pump House
pump
water
36 Ross Creek- Augrrematton Meter
St. Andrews Or
DC
Wilkins
3/4"
950XLI
2287879
St. Andrews drive 150h past Rutherford Or, west side of guard rail
pump
water
37 Eldon Trails Lift Station
41 Cude. Rd
RP
WILKINS
2"
97SXL'
4291073
IN HOT BOX
pump
sewer
38 The Ridge Pump Station e3
4383 Riflubrd Fill
RP
WATTS
3/4"
009QT
626542
In hotbox inside fence
Wrap
sewer
39 McCormick Village Park
32015W OLD CLIFTON RD
DC
WILKINS
3/4"
350
A749969
NORTH SIDE OF RESTROOMS IN VALVE BOX
park
40 McCormick Village Park
3202 SW Old Clifton
DC
WILKINS
3"
350
158366
In vauk SDH north of restromax
park
41 McCormick Meadows Lift Station
4151 Wine gear Lin
RP
WILKINS
3/4"
975XL
3440633
in hotbox Inside fence at lift station
pump
sewer
42 RV Dump Stalki
240 Bravo Ter
RP
FEBCO
3/4"
860
H11608
in hatbox
pump
sewer
Sedgwlck Sewer Lift Station Water
43 Service
SOS SE SedKw+eF Rd
RP
WATTS
I"
LFOp9M2QT
56327
right side of 6ldg door
Pump
sewer
V Viiera li.tio\WaTporex, m"4ttlon prop"mWm canttNn rrarm JI, O V.Vcwiax Cii1ivaY airstrip eat t6T.ple 1ult
6x. A
SCHEDULE OF CONTRACT PRICES
CITY -OWNED BACKFLOW DEVICE TESTING
If a discrepancy between the numerical unit price and the written (words) unit price is found, the written (words) unit
price shall control.
Item Estimated
No. Quantity Description of Item Unit Price Amount
TESTING
1. I EA. 'testing per device
$ $ HC)go
COST PER DEVICE: S
TOTAL BID FOR 43 DEVICES
SUB -TOTAL BID (COST PER DEVICE X 43 DEVICES): S Z0
9% SALES TAX ON SUB -TOTAL BID: S suk 60
TOTAL BID FOR TESTING 43 DEVICES: S `q-) -) L('6O
SALES TAX
In accordance with Section 1-07.2(2) State Sales Tax: The Contractor shall collect from the Contracting Agency retail
sales tax on the full contract price.