004-25 - Resolution - Contract with TMG Services, Inc. for Chlorination EquipmentDocusign Envelope ID: 8C7B93A8-6121-4933-A727-ADAD73BOF722
RESOLUTION NO.004-25
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING A
CONTRACT WITH TMG SERVICES, INC. FOR CHLORINATION EQUIPMENT FOR
WELL NO. 8 AND DOCUMENTING THE PROCUREMENT PROCEDURES.
WHEREAS, the City's water system is chlorinated to ensure disinfection of the
groundwater that is pumped into the drinking water distribution system; and
WHEREAS, the City's Well No. 8, a component of the City's water system, requires the
installation of an Onsite Electrolytic Hypochlorite Generation System to administer the chlorine
efficiently and safely to the water system (the "Project"); and
WHEREAS, staff's estimate for the Project (which involves multiple crafts) was $90,000,
which, under the terms of the City's Procurement Policies (adopted by Resolution No. 073-23,
as amended), requires the contract is procured through the use of the small works roster
process or minimal competition through the solicitation of three (or more) quotes from
qualified vendors; and
WHEREAS, on December 30, 2024, pursuant to RCW 39.04.155 and the City's
Procurement Policies), the City's Public Works Department identified qualified vendors for this
multiple craft Project by establishing a roster of qualified companies from the 2025 MRSC
Small Works Roster for the Underground Utility Infrastructure - Water; and
WHEREAS, on December 30, 2023, and pursuant to the City's Procurement Procedures,
the City's Public Works Department issued a Request for Quote (RFQ) to three qualified
companies from the selected Roster; and
WHEREAS, the City received one quote from TMG Services, Inc., which included
equipment, freight, installation, startup and training, for a total amount of $87,507.42; and
WHEREAS, on January 3, 2024, the City's Public Works Department completed the
MRSC Mandatory Bidder Responsibility Checklist on TMG Services, Inc.; and
WHEREAS, after reviewing the proposal and verifying the contractor's information,
Public Works Staff determined TMG Services, Inc. met the requirements and criteria as
described in the RFQ and was a responsive and qualified bidder for the project; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor's Office, wishes to document their consultant selection process as described above for
this particular contract by Resolution; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
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Resolution No. 004-25
Page 2 of 2
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council authorizes the Mayor to execute a Contract with TMG Services,
Inc. for Well No. 8 Chlorination Equipment, as attached hereto as Exhibit A and
incorporated herein by this reference.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 28t" day of January 2025.
Signed by:
�b PlM"M-SWA,
E3E58�1Z�...
Robert Putaansuu, Mayor
ATTEST:
Signed by:
UJAUL
Brandy Wallace, MMC, City Clerk
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Port Orchard Contract #: 014-25
Authorized Amount: $87,507.42
Date Start: 1/14/2025
Date End: 06/30/2025
GOODS AND SERVICES CONTRACT
THIS AGREEMENT is entered into by and between the City of Port Orchard,
Washington, a municipal corporation (hereinafter "City") and TMG Services, Inc. organized
under the laws of the State of Washington, located and doing business at 3216 E Portland
Avenue, Tacoma WA 98404, 253-779-4160, tmginc@tmgservices.net (hereinafter
"Vendor"), (collectively, the "Parties").
RECITALS:
WHEREAS, the City has determined it needs to obtain certain goods or materials and
needs to obtain certain services regarding those goods or materials; and
WHEREAS, the City desires to have the Vendor provide such goods and services pursuant
to certain terms and conditions;
NOW, THEREFORE, in consideration of the mutual benefits and conditions hereinafter
contained, the Parties hereto agree as follows:
AGREEMENT:
1. Goods, materials, and/or services to be delivered by Vendor. The Vendor
shall provide the following goods and materials to and/or perform the following the services for
the City:
Goods, materials, and/or services to be delivered by Vendor. The vendor shall provide the
following goods and materials and perform the following services as described on Exhibits A
which are attached hereto and incorporated herein by this reference as if set forth in full. Vendor
acknowledges and understands that it is not the City's exclusive provider of these goods,
materials, or services and that the City maintains its unqualified right to obtain these goods,
materials, and services through other sources.
2. Time of Completion. Upon the effective date of this Agreement, Vendor shall
complete the work and provide all goods, materials, and services by 06/30/2025.
3. Compensation and Method of Payment. The City shall pay the Vendor for
goods and services rendered according to the rates and methods set forth below.
City of Port Orchard and TMG Services, Inc.
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LUMP SUM. Compensation for these services set forth in Exhibit A shall be
a Lump Sum of $87,507.42 including applicable Washington State Sales Tax,
for the services contemplated in this Agreement.
❑ TIME AND MATERIALS NOT TO EXCEED. Compensation for these
services shall not exceed $ per year, including applicable
Washington State Sales Tax, without written authorization and will be based
on the list of billing rates and reimbursable expenses attached hereto as
Exhibit `B."
❑ TIME 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 `B."
❑ OTHER
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.
4. Prevailing Wages. The Vendor shall pay prevailing wages as required by law
and shall comply with Chapters 39.12 and 49.28 RCW. Prior to beginning work under this
Contract, the Vendor shall submit — on behalf of itself and each and every Sub -Vendor — a
"Statement of Intent to Pay Prevailing Wages," which must be approved by the Department of
Labor and Industries (See link below.) Following the final acceptance of the work, or termination
of this Agreement, whichever occurs last, the Vendor must submit — on behalf of itself and every
Sub -Vendor — an "Affidavit of Wages Paid" for final payment. Final payments shall be made in
accordance with the requirements of Chapter 39.12 RCW.
Refer to https://Ini.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/ for
Washington State Prevailing Wage rates.
5. Obiection by City. If the City object to all or any portion of an invoice, it shall
notify the Vendor and reserves the option to only pay that portion of the invoice not in dispute.
In that event, the Parties will immediately make every effort to settle the disputed portion.
A. Defective or Unauthorized Work. The City reserved its right to withhold
payment from Vendor for any defective or unauthorized goods, materials, or services. If
Vendor 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 Vendor 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 attorneys' fees, incurred by the City beyond
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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 to become due the Vendor.
B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF
FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT
THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR
AS UNSETTLED AT THE TIME A REQUEST FOR FINAL PAYMENT IS MADE.
6. Termination. City may terminate this Agreement at any time if Vendor fails to
perform any obligation described in this Agreement. Alternatively, City may terminate this
Agreement without cause on at least fourteen (14) days' notice. Upon receipt of the notice, the
Vendor shall acknowledge receipt to the City in writing and immediately commence to end the
Work in a reasonable and orderly manner. Unless terminated for Vendor's breach, the Vendor
shall be paid or reimbursed for all hours worked or for the goods or materials provided up to the
termination date, less all payments previously made. The notice may be sent by any method
reasonably believed to provide Vendor actual notice in a timely manner.
7. Changes. The City may issue a written amendment for any change in the goods,
materials, or services to be provided during the performance of this Agreement. If the Vendor
determines, for any reason, that an amendment is necessary, Vendor must submit a written
amendment request to the person listed in the Notice section of this Agreement within fourteen
(14) calendar days of the date Vendor knew or should have known of the facts and events giving
rise to the requested change. If the City determines that the change increases or decreases the
Vendor's costs or time for performance, the City will make an equitable adjustment. The City
will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments.
However, if the Parties are unable to agree, the City will determine the equitable adjustment as it
deems appropriate. The Vendor shall proceed with the amended work upon receiving either a
written amendment from the City or an oral order from the City before actually receiving the
written amendment. If the Vendor fails to require an amendment within the time allowed, the
Vendor waives its right to make any claim or submit subsequent amendment requests for that
portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor
must complete the amended work; however, the Vendor may elect to protest the adjustment as
provided in Subsections A through E of Section 8 "Claims" below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. An amendment that is
accepted by Vendor as provided in this section shall constitute full payment and final settlement
of all claims for contract time and materials and for direct, indirect, and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
8. Claims. If the Vendor disagrees with anything required by an amendment,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Vendor may file a claim as provided in this
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section. The Vendor shall give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date the Vendor knew or should have known of the facts or events giving
rise to the claim, whichever occurs first. Any claim for damages, additional payment for any
reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively
deemed to have been waived by the Vendor unless a timely written claim is made in strict
accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION
OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN
ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY
FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM
OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the
following information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how
that estimate was determined; and
5. An analysis of the progress schedule showing the schedule
change or disruption if the Vendor is asserting a schedule
change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time
incurred as a result of the asserted events giving rise to the claim. The City
shall have access to any of the Vendor's records needed for evaluating the
protest.
The City will evaluate all claims, provided the procedures in this section are
followed. If the City determines that a claim is valid, the City will adjust
payment for work or time by an equitable adjustment. No adjustment will be
made for an invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor
shall proceed promptly to provide the goods, materials and services required
by the City under this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section
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provides, the Vendor also waives any additional entitlement and accepts from
the City any written or oral order (including directions, instructions,
interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the
procedures of this section, the Vendor completely waives any claims for
protested work and accepts from the City any written or oral order (including
directions, instructions, interpretations, and determination).
9. Limitation of Actions. VENDOR MUST, IN ANY EVENT, FILE ANY
LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120
CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR
VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS
SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
10. Duration of Agreement; Extensions. This Agreement shall be in full force and
effect for a period commencing 1/14/2025 and ending 06/30/2025 unless sooner terminated under
the provisions contained in Section 6 "Termination". Time is of the essence of this Agreement in
each and all of its provisions in which performance is required. The City reserves the rights to
review the Agreement at regular intervals to assure the quality of services provided by the
Vendor. This Agreement may be extended by the City up to two times each of a one-year
duration (for a total of two years if both extensions are enacted). Such notice of extension shall
be provided by the City to the Vendor prior to contract expiration.
11. Warranty. This Agreement is subject to all warranty provisions established
under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants
goods are merchantable, are fit for the particular purpose for which they were obtained and will
perform in accordance with their specifications and Vendor's representations to City. The
Vendor shall correct all defects in workmanship and materials within one (1) year from the date
of the City's acceptance of the Contract work. In the event any part of the goods are repaired,
only original replacement parts shall be used —rebuilt or used parts will not be acceptable. When
defects are corrected, the warranty for that portion of the work shall extend for one (1) year from
the date such correction is completed and accepted by the City. The Vendor shall begin to correct
any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If
the Vendor does not accomplish the corrections within a reasonable time as determined by the
City, the City may complete the corrections and the Vendor shall pay all costs incurred by the
City in order to accomplish the correction.
12. 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. Vendor further warrants that it has or will have a valid Port Orchard
business license during the entire time that this Agreement is in effect. Services provided by the
Vendor and the Vendor's employees under this Agreement will be performed in a manner
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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.
13. Indemnification. 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 attorney fees, arising out of or resulting from the acts, errors or
omissions of the Vendor in performance of this Agreement, except for injuries and damages
caused by the sole negligence of the City. 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, and
volunteers, the Vendor's liability, including the duty and cost to defend, hereunder shall be only
to the extent of the Vendor's negligence.
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. This waiver has been mutually negotiated by the parties.
The City's inspection or acceptance of any of Vendor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
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 provisions of this section shall survive the expiration or termination of this
Agreement.
14. Insurance. The Vendor shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to property which may
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arise from or in connection with products and materials supplied to the City.
No Limitation. Vendor's maintenance of insurance as required by the agreement shall not be
construed to limit the liability of the Vendor to the coverage provided by such insurance, or
otherwise limit the City's recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance. Vendor shall obtain insurance of the type
described below:
i. Commercial General Liability ("CGL") insurance shall be written
on ISO occurrence form CG 00 01 and shall cover products
liability. The City shall be named as an insured under the
Vendor's Commercial General Liability Insurance policy using
ISO Additional Insured -Vendors Endorsement CG 20 15 or a
substitute endorsement providing equivalent coverage. CGL
insurance shall be written with limits no less than $1,000,000 each
occurrence, $1,000,000 general aggregate, and a $2,000,000
products liability aggregate limit. Vendor's CGL insurance
policies are to contain or be endorsed to contain that they 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 Vendor's insurance and shall not contribute with
it. The Vendor's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
ii. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A:VII.
C. Verification of Coverage. 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 goods, materials or supplies will be accepted by the City. Failure on
the part of the Vendor to maintain the insurance as required shall constitute a material
breach of contract. Vendor's maintenance of insurance as required by the agreement shall
not be construed to limit the liability of the Vendor to the coverage provided by such
insurance, or otherwise limit the City's recourse to any remedy available at law or in
equity.
15. Force Majeure. Notwithstanding anything to the contrary in this Agreement, any
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prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, acts of war,
terrorist acts, inability to obtain services, labor, or materials or reasonable substitutes therefor,
governmental actions, governmental laws, regulations or restrictions, civil commotions,
Casualty, actual or threatened public health emergency (including, without limitation, epidemic,
pandemic, famine, disease, plague, quarantine, and other significant public health risk),
governmental edicts, actions, declarations or quarantines by a governmental entity or health
organization, breaches in cybersecurity, and other causes beyond the reasonable control of the
party obligated to perform, regardless of whether such other causes are (i) foreseeable or
unforeseeable or (ii) related to the specifically enumerated events in this paragraph (collectively,
a "Force Majeure"), shall excuse the performance of such party for a period equal to any such
prevention, delay or stoppage. To the extent this Agreement specifies a time period for
performance of an obligation of either party, that time period shall be extended by the period of
any delay in such party's performance caused by a Force Majeure. Provided however, that the
current COVID-19 pandemic shall not be considered a Force Majeure unless constraints on a
Party's performance that result from the pandemic become substantially more onerous after the
effective date of this Agreement.
16. Other Provisions.
A. Independent Contractor. Vendor and City agree that Vendor is an
independent contractor with respect to the services provided pursuant to this Agreement.
As the Vendor is customarily engaged in an independently established trade which
encompasses the providing the specific goods, materials, and/or services provided to the
City hereunder, no agent, employee, representative or sub -vendor of the Vendor shall be
or shall be deemed to be the employee, agent, representative or sub -vendor 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. Nothing in this Agreement shall be
considered to create the relationship of employer and employee between the parties
hereto. Neither Vendor nor any employee of Vendor shall be entitled to any benefits
accorded City employees by virtue of the services provided under this Agreement. The
City shall not be responsible for withholding or otherwise deducting federal income tax
or social security or contributing to the State Industrial Insurance Program, or otherwise
assuming the duties of an employer with respect to the Vendor, or any employee of the
Vendor.
B. Record Keeping and Reporting. Vendor shall maintain accounts and records,
including personnel, property, financial, and programmatic records, which sufficiently
and properly reflect and account for all direct and indirect costs of any nature expended,
services performed, and funds paid by the City pursuant to this Agreement. These records
shall be maintained for a period of seven (7) years after termination of this Agreement,
unless permission to destroy them is granted by the Office of the Archivist in accordance
with Chapter 40.14 RCW and by the City.
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C. Audits and Inspections. The records and documents with respect to all
matters covered by this Agreement are the property of the City, and shall be subject at all
times to inspection, review or audit by the City during the performance of this Agreement
and for the aforementioned retention period.
D. Vendor to Maintain Records to Support Independent Contractor Status.
On the effective date of this Agreement (or shortly thereafter), the Vendor shall comply
with all federal and state laws applicable to independent contractors including, but not
limited to the maintenance of a separate set of books and records that reflect all items of
income and expenses of the Vendor's business, pursuant to the Revised Code of
Washington (RCW) Section 51.08.195, as required 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 RCW Title 51, Industrial Insurance.
E. Work Performed at Vendor's Own Risk. The Vendor shall take all
precautions necessary and shall be responsible for the safety of its employees, agents, and
sub -vendors 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 of or damage to materials, tools, or other articles
used or held by the Vendor for use in connection with the work.
F. Discrimination Prohibited. Vendor shall not discriminate against any
employee, applicant for employment, or any person seeking the services of the Vendor
under this Agreement, on the basis of race, color, height and weight, religion, creed, sex
(including pregnancy), sexual orientation (including gender identity), age, national origin,
marital status, presence of any sensory, mental or physical disability (including use of a
trained dog guide or service animal), honorably discharged veteran or military status,
HIV/AIDS and Hepatitis C status, or other circumstance prohibited by federal, State or
local law or ordinance, except for a bona fide occupational qualification. Violation of this
Section shall be a material breach of this Agreement and grounds for cancellation,
termination, or suspension of the Agreement by the City, in whole or in part, and may
result in ineligibility for further work for the City.
G. Assignment and Subcontract. Vendor shall not assign or subcontract any
portion of the services contemplated by this Agreement without the prior written consent
of the City.
H. Media Rights. Vendor agrees to allow the City to photograph or record
Vendor's activities and permits the use of such photographs or recordings or promotional
purposes.
L 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 so
notify the Vendor and shall not be obligated to make payments for services or amounts
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incurred after the end of the current fiscal period. No penalty or expense shall accrue to
the City in the event that the terms of the provision are effectuated.
J. Applicable Law; Venue; Attorneys' Fees. This Agreement shall be governed
by and construed in accordance with the laws of the State of Washington, and venue or
any legal action to enforce this Agreement shall be exclusively in Kitsap County,
Washington. The prevailing party in any such action shall be entitled to its attorneys' fees
and costs of suit, which shall be fixed by the judge hearing the case and such fee shall be
included in the judgment.
K. Entire Agreement. The written provisions and terms of this Agreement,
together with any Exhibits 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 this
Agreement. All of the above documents are hereby made a part of this Agreement.
However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
L. Compliance with Laws. The Vendor agrees to comply with all federal, state,
and municipal laws, rules, and regulations that are now effective or in the future become
applicable to Vendor's business, equipment, and personnel engaged in operations covered
by this Agreement or accruing out of the performance of those operations.
M. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement.
N. Severability. Any provision or part of this Agreement held to be void or
unenforceable under any law or regulation shall be deemed stricken and all remaining
provisions shall continue to be valid and binding upon the City and the Vendor.
O. Notices. Notices to the City of Port Orchard shall be sent to the following
address:
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, Washington 98366
Bwallace(kcityofportorchard.us
Notices to the Vendor shall be sent to the following address:
City of Port Orchard and TMG Services, Inc.
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Updated 4/2022 IBDR
1577863.1- 366922 -0039
Docusign Envelope ID: 8C7B93A8-6121-4933-A727-ADAD73BOF722
VENDOR:
BY:
Project Adnager / Inside Sales
Title:
Date: 1 /8/2025
City of Port Orchard and TMG Services, Inc.
Goods and Services Contract No.
Page 11 of 14
Updated 4/2022 IBDR
1577863.1- 366922 -0039
CITY OF PO 7��'
ARD:
BY: r6Al WA,
8B96492Robert Putaansuu
Mayor
Date: 1/29/2025
ATTEST/AUTHENTICATE:
Signed by:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
Si
gn
ed by:
F25520457_.
Port Orchard City Attorney's Office
Docusign Envelope ID: 8C7B93A8-6121-4933-A727-ADAD73BOF722
T�m Quality Products - Excellent Service
SERVICES
Pricing Valid through 1213112024
Port Orchard, City of - Water
Scott Wolf
1535 Vivian Ct
Port Orchard, WA 98366
3216 E. Portland Avenue
Tacoma, WA 98404
253-779-4160
tmginc@tmgservices.net
December 30, 2024
QUOTATION
Onsite Generation System
1 OSEC L On -Site Hypochlorite Generation System Panel (20 PPD)
-Pre-piped and pre -wired system for wall mounting. Includes the following:
-(4) 5 PPD Electrolyzer cartridges
-Manifold rack
-Dilution water apparatus with manual isolating valve and solenoid valve, flow meter with minimum
contact, flow control valve
-Peristaltic brine pump
-Static mixer
-Non return valve at manifold inlet
-Sample valve
-Drain valve
-Level switch to detect filling level of electrolyzer cartridge(s)
-Sensor to monitor temperature of sodium hypochlorite solution
-(4) 540W DC power supply units
-Power supply connection box with main switch
-Electronic control module with HMI Power supply: 100 - 240 VAC, 50/60 Hz
Snyder 175 Gallon Vertical Solution Tank
-Dimensions: 29" D x 66" H
-Material/Specific Gravity: XLPE Crosslink / 1.9 SG
-System components for the Hypochlorite tank:
-Filling and degassing arrangement with hydrogen dilution blower and air flow monitor
-Pressure Transducer with control cable
-PVC ball valve as withdrawal unit
-Includes seismic clips. Does NOT include WA stamp or calcs
1 Peabody 55 Gallon Brine Tank w/ Cover
-Dimensions: 24" D x 32.5" H
-Level Control Valve
-Brine Collector
-Capacity: 440# Salt Capacity
GF Pressure Reducing Valve
Kinetico Water Softener w/ Parts Group & Check Valve
ATI Hydrogen Leak Detector
Evoqua/W&T OSEC L Annual Maintenance Kit
LaMotte Product Strength Kit
Two Drum Containment Pallet for Brine Tank and Salt Storage (off floor)
OSEC PRICE: $61,620 (Freight, *Installation, Startup & Training Included)
Docusign Envelope ID: 8C7B93A8-6121-4933-A727-ADAD73BOF722
Page 2 of 3
Quotation — Water District 19
TMG Services, Inc.
Analyzer
1 Blue White Online Chlorine + pH Analyzer - APFCL
-Chlorine, pH, and Temperature — Chlorine Range: 0.1-5.0 ppm
-Assembled Panel with Flowmeter (20" x 36" x 9.5")
-Built-in Temperature and pH Compensation
-Highly Accurate, Real -Time Measurement, Display, and Data -Logging
-5" Display and Data -Logging Terminal
-FCL700 Smart Sensor
-Warranty: 13 Months
ANALYZER PRICE: $5,740 (Freight, *Installation, Startup & Training Included)
Metering Pumps
1 ProMinent Single Pump Floor Skid consisting of the following:
-(1) ProMinent Sigma/1 Motor -Driven Metering Pump
-Pump Capacity: 6.9 GPH @ 145 PSI
-Liquid End Materials: PVDF w/ PTFE Seals
-Hydraulic Connections: 1/2" MPT
-Relay: Fault + 4-20mA
-Control: Manual + Pulse + 4-20mA
-(1) 1/2" Back Pressure Valve, PVC/Viton
-(1) 1/2" Pressure Relief Valve, PVC/Viton
-(1) Pressure Gauge w/ Diaphragm Seal, PVC/PTFE
-(1) Calibration Column, 500mL
-(1) Pulsation Dampener, PVC/PTFE
-(1) Chemical Inlet: 1/2"
-(1) Chemical Outlet: 1/2"
-(1) Lot of SCH 80 PVC Piping, Fittings & True Union Ball Valves
-Dimensions: 30" W x 30" D x 60" H
METERING PUMP PRICE: $12,775 (Freight, *Installation, Startup & Training Included)
SUB TOTAL: $80,135 (Includes Freight, Installation, Startup & Training)
Sales Tax for 98366 @ 9.2%: $7,372.42
TOTAL PRICE: $87,507.42
Notes
-Requires 100-230V, 1 Phase input power. Other input power can be accommodated at extra cost
-All labor is quoted at Prevailing Wage.
-Analyzer requires a sample line of 9-12 GPH at no more than 50 PSI with ample contact time
between the injection point and analyzer.
-TMG can plumb from discharge of pump skid to injection point, if easily accessible. Extra
installation charges could apply if not easily accessible.
OSEC INSTALLATION
-Installation of the On -Site Hypochlorite Generation System includes placing equipment in proposed location. All work to be
performed within the confines of the proposed room layout. Limit of piping installation shall be from inlet of water softener through
OSEC system components to discharge side of metering pumps. Installation excludes any concrete work, drilling penetrations
through roof or walls, sub -grade work and drilling of metal pipe for sample/injection point connections. Also, excludes any electrical
wiring and/or interconnects. However, TMG will assist electricians in locating wiring landing points if they are on site at time of
installation. Contractor to assist TMG personnel in placement of the heavier equipment items.
Docusign Envelope ID: 8C7B93A8-6121-4933-A727-ADAD73BOF722
Page 3 of 3
Quotation — Port Orchard — Well 8 OSEC L20
TMG Services, Inc.
Terms & Conditions of Sale:
-F.O.B.: Port Orchard, WA
-Payment Terms: Net 30 Days — Our terms of payment are 100% payable 30 days after shipment. Since this is an agreement between
Buyer and Seller, and Seller has no relationship with the third party owner, this agreement must be independent of any third party
action or inaction. Payment will be due as indicated above without a dependency on the buyer being paid by the owner, with no
further restriction or impediments, and regardless of any payment arrangement that may exist between contractor and owner.
-This price is in effect until December 31, 2024
-Customer is responsible for off-loading all merchandise at its point of destination.
-Submittals, if required, will be provided 2-3 weeks after receipt of all technical data at T M G Services.
-Delivery will be made in approx. 12-14 weeks after receipt of order and/or approvals and resolution of all necessary technical data at TMG.
-Quotation prices do not include any sales taxes or any other taxes that may apply.
-This quotation is limited to the products and/or services as listed and excludes any item or service not specifically listed.
-Invoices $3,000 or more that are paid with a credit card will have a 3% credit card fee added to the invoice.
Thank you,
Jeff Harmon
Territory Manager