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054-16 - Bremerton Backflow Services LLC - ContractContract No. 054-16 CITY OF PORT ORCHARD ORDINARY MAINTENANCE AGREEMENT THIS Agreement is made effective as of the 24`" day of MM 2016, 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 Jeffrey Mihulka, DBA: Bremerton Backflow Services LLC, organized under the laws of the State of Washington, doing business at: Bremerton Backflow Services LLC PO Box 3071 Bremerton, WA 98310 Contact: Jeff Mihulka (hereinafter the "VENDOR'l Phone: 360.405.0399 Fax: N/A for ordinary maintenance services performed in connection with the following: 2016 Backflow Device Testing and Inspection TERMS AND CONDITIONS 1. Services by Vendor. A. Vendor shall perform the services described in the Scope of Work attached to this Agreement as Exhibit(s) "A and B." 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 May 24, 2016, ("Commencement Date") and shall terminate August 312016, unless extended or terminated in writing as provided herein. Additionally, the City reserves the right to offer two -one year extension prior to contract expiration to retain the selected company's services. D. Unless otherwise specified in the attached Scope of Work, all tools, equipment, chemicals or any other materials necessary for the completion of the services described in the Scope of Work shall be provided by the Vendor. E. 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. City of Port Orchard and Bremerton Backflow Services LLC Ordinary Maintenance Contract No. C054.16 Public Works Project No. PW2016-022 Rev 2/11/151A 1 of 9 Hazardous conditions shall be immediately remedied or secured by Vendor to prevent further damage and/or to protect the public from injury. F. Any incident, 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. Vendor shall remedy, in a timely manner, and at its expense, any damage to City property due to the negligence of Vendor or Vendor's employees. 2. Schedule of Work A. Vendor shall perform the services described in the scope of work in accordance with the Schedule attached to this contract as Exhibit(s) "A and B." If delays beyond Vendor's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. B. Vendor is authorized to proceed with services upon receipt of a written Notice to Proceed. 3. Compensation. X LUMP SUM. Compensation for these services shall be a Lump Sum of $870.00 (sales tax exempt per Dept. of Revenue.) ❑ 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 ❑ TIME AND MATERIALS. Compensation for these services shall be on a time and material basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit ❑ OTHER. 4. Payment. A. 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 sixty (60) days of receipt of a proper 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. Vendor shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) 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 LLC Ordinary Maintenance Contract No. C054.16 Public Works Project No. PW2016-022 Rev 2/11/15 IA 2 of 9 D. If the services rendered do not meet the requirements of the Agreement, Vendor will correct or modify the work to comply with the Agreement. City may withhold payment for such work until the work meets the requirements of the Agreement. 6. Discrimination and Compliance with Laws A. 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 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 terms 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. Vendor shall comply with prevailing wage requirements under Washington law. See, Prevailing Wage Addendum to this Agreement. E. Vendor shall obtain a City of Port Orchard business license prior to receipt of written Notice to Proceed. F. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by City, in whole or in part, and may result in ineligibility for further work for City. 7. 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 LLC Ordinary Maintenance Contract No. C054.16 Public Works Project No. PW2016-022 Rev 2/11/15 IA 3 of 9 performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Vendor performs hereunder. 8. 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. Vendor. B. Termination with cause. The Agreement may be terminated upon the default of the C. Rightspon Termination 1. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of Vendor pursuant to this Agreement shall be submitted to City, and 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. Vendor shall not be entitled to any reallocation of cost, profit or overhead. Vendor shall not in any event be entitled to anticipated profit on work not performed because of such termination. 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 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 15 herein. 9. Standard of Care. Vendor represents and warrants that it and 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 Vendor and Vendor's City of Port Orchard and Bremerton Backflow Services LLC Ordinary Maintenance Contract No. C054.16 Public Works Project No. PW2016-022 Rev 2/11/15 IA 4 of 9 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. Vendor and Vendor's employees shall conduct themselves in a professional manner at all times when on site. Vendor's employees shall wear clothing and/or a uniform which clearly identifies them as an employee of Vendor. 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. Vendor shall ensure that all work -place safety requirements of state or federal law are strictly observed at all times. 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. 10. 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. 11. 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. 12. 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 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. 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. City of Port Orchard and Bremerton Backflow Services LLC Ordinary Maintenance Contract No. C054.16 Public Works Project No. PW2016-022 Rev 2/11/15 IA 5 of 9 13. 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 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. 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. B. Minimum Amounts of Insurance Vendor shall maintain the following insurance limits: 1. Automobile Liability 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. 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. 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: 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'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. 3. The City will not waive its right to subrogation against the Vendor. The City of Port Orchard and Bremerton Backflow Services LLC Ordinary Maintenance Contract No. C054.16 Public Works Project No. PW2016-022 Rev 2/11/15 IA 6 of 9 Vendor's insurance shall be endorsed acknowledging that the City will not waive its right to subrogation. 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:VII. E. 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 commencement of the work. 14. Assigning or Subcontracting. 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. 15. Notice. Any notices required to be given by the City to Vendor or by 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 Phone: 360.876.4407 Fax: 360.895.9029 Bremerton Backflow Services LLC Attn: Jeff Mihulka PO Box 3071 Bremerton, WA 98310 Phone: 360.405.0399 Fax: N/A 16. Resolution of Disputes and Governing Law. 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 City of Port Orchard and Bremerton Backflow Services LLC Ordinary Maintenance Contract No. C054.16 Public Works Project No. PW2016-022 Rev 2/11/15 IA 7 of 9 substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorney's fees from the other party. 17. 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 Aweement. 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. City of Port Orchard and Bremerton Backflow Services LLC Ordinary Maintenance Contract No. C054.16 Public Works Project No. PW2016-022 Rev 2/11/15 IA 8 of 9 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, WASHINGTON By: Robert Putaansuu Mayor Date: 'z,-S- /1 VENDOR I By: Name: 1 l�t V Lit Title: Date: Attest: By: Brandy Rinearson, CMC City Clerk APPROVED AS TO FORM: By: h - ates City Attorney City of Port Orchard and Bremerton Backflow Services Ordinary Maintenance Contract No. 054.16 Public Works Project No. PW2016-022 .5 -- l (-a I co Rev 2/11/15 IA 9 of 9 U:\ENGINEERING\WATER\Cross Connection Program\Cross Connection Testing City Owned\2016\CONTRACT ORDINARY MAINTENANCE.doc — Z:Y-4 I P:;, I - -I A *Bremerton Backflow Services May a, ao16 City of Port Orchard Attn: Public Works Department 216 Prospect Street Port Orchard, Wa 98366 Via Email: publicworks@cityofp ortorchard:us Re: Cost Proposal for Backflow Assembly Testing To whom it may concern: Bremerton. Backflow bids $3o.00 per assembly, for the testing of 29 bacldlow assemblies. Bremerton Backflow has no employees and is a Sole-Proprietership. We are not subject to prevailing wage laws. We can/will provide a Certificate of Insurance showing City of Port Orchard as an additional named insured upon acceptance of our bid. I have attached a copy of our current Certificate of Insurance that is valid through August 19, 2o16. Thank y or �rconi ' eration. Jeff Mihulka (360) 405-0399 Bremerton Backflow Services P.O. Box 3071 Bremerton, Wa 98310 www.breinertonbackflow.com Licensed *Bonded *Insured #BREMEBS88oC4 07A4 t fSiT & E O 0 Y a U m L °o c m (U E �° ai E 0 eo 0 x 0 0 o t. 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C - M C 2 *' �+ +m+ N 3 O .00 > 7 7 N C 0 a 7 a/ m CL m m D. $ - m N 0. 2 Z C O m m y 0 i m m d I.L N 'yp C V1 0.E° 'O y 1% E i i a 'O 'O m D_ Io �+ lD d a V O $ E ° m° a o E a' N 0 ami M a� aF o `n v Z 3 +° a Y m v a o m ° m° E m a1 Y m m 3 c m c m ' u m 'i y E E-o ar y tk ua Q> E-----aii3N>> a� O F- O m U al P T O O C 0 2 2 2 2 S 2 O N y 3 _V •f0 u '+ > t u 0 L fC6 0 0 m �' L U aT+ +T+ m y m N w N U C t'+ "O Z U. w D: F- LL F- U D. 0. J m ,�+ V U ci •�+ CJ ,�+ V 0 ,�+' V 2��� > a to to H N M In tD r, 00 01 O rl N N N N N N N N N POLICY NUMBER: 605034672 BUSINESSOWNERS BP 04 50 0197 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY SCHEDULE* Name Of Person Or Organization: CITY OF PORT ORCHARD * Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Decla- rations. The following is added to Paragraph C. Who Is An Insured in the Businessowners Liability Coverage Form: 4. Any person or organization shown in the Schedule is also an insured, but only with respect to liability arising out of your ongoing operations performed for that insured. BP 04 50 01 97 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 ❑ ACOR" CERTIFICATE OF LIABILITY INSURANCE `.� DATE(MM/OD/YYYY) 06/13/2016 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 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 endorsement(s). PRODUCER CONTACT Kathi McArthur NAME: Kathi McArthur(7913284) PHONE Ext : 888-692-6880 FAX No): 360-692-9043 ADDRIESS: kmcarthurlofarmersagent.com 2416 NW Myhre Rd Ste 101 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Truck Insurance Exchange 21709 Silverdale WA 98383-7673 INSURED INSURER B : Farmers Insurance Exchange 21652 INSURER C : Mid Century Insurance Company 21687 MIHULKA, JEFFREY INSURER D: DBA: BREMERTON BACKFLOW SERVICES INSURER E : 1835 PERRY AVENUE INSURER F : BREMERTON WA 98310 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 SUBR POLICY NUMBER POLICY EFF MMIDD POLICY EXP MWDD LIMITS B GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE J OCCUR Y 605034672 08/19/2015 08/19/2016 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO LOC POLICY X jECT PRODUCTS - COMP/OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A —FTWOC STATU- OE H- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF PORT ORCHARD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 216 PROSPECT ST ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE PORT ORCHARD WA 98366 ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TRIAL MODE - a valid license will remove this message. See the keywords property of this PDF for more information. CITY OF PORT ORCHARD Public Works Director 216 Prospect Street, Port Orchard, WA 98366 Voice: (36o) 876-4991 • Fax: (36o) 876-498o mdorsey@cityofportorchard.us www.cityofportorchard.us EXHIBIT A April 201h 2016 RE: Scope of Work for Backflow Device Testing The City of Port Orchard is seeking cost proposals for annual testing for the City owned backflow devices. Please provide a proposal pursuant to the following requirements: 1. The price will be based on 29 devices located in 23 separate locations. Please break price down per device. For facility name and location of the device, see attached list. 2. Contractors must have a current City Business License and be listed on the current Municipal Research and Service Center (MRSC) Small Works Roster. 3. State Prevailing Wage Laws apply. Contractor must submit the L&I approved Intent to Pay with the invoice, if there is more than one invoice submit the Intent to Pay with the first invoice and submit the Affidavit with the last invoice. We will not accept the invoice without the approved Intent to Pay from L&I. If the Contractor provides a performance bond, the retainage will be 5% for projects less than $25,000.Otherwise the retainage will be 50%. The retainage will be released after the City is provided the Affidavit of Wages Paid and approval of the Department of Revenue. All expenses associated with the prevailing wage rules are the responsibility of the contractor. 4. Per RCW39.12.030 this is a prevailing wage contract and workers shall receive the prevailing wage rate as established by Labor and Industries (L&I), copy of wage rate is attached RCW39.12.020. 5. The Contractor shall provide a certificate of insurance and list the City as an Additional Named Insured on its policy, which shall have a minimum of $1,000,000 property damage and $1,000,000 bodily injury. 6. This bid is for inspections only. A separate quote for time and materials will be submitted if repairs/replacement is needed. Please submit your cost proposal by mail or hand deliver to the City Public Works Director, 216 Prospect Street, Port Orchard, WA 98366 no later than 12:00 (noon) on May 2nd 2016 or e-mail to publicworks@citvofportorchard.us. The City will not accept faxes. Project must be completed by August 31, 2015. You can request a walk thru to familiarize yourself with the locations or if you should have additional questions, please feel free to contact Von Nix at 360.535.2485. Sincerely, Mark Dorsey, P.E. Public Works Director/City Engineer MRD:cp End: List of backflow devices and locations Draft Maintenance Agreement Revenue My account home File a return inbox Manage business account "Working together to fund Washington's future" Invoices & O New x A Chuck Mall & Delete Lq Raply O Reply to All *VMark as Uhraad payment options Credits &tax incentives � inbox inbox: Message Subject: Re: Backflow Testing More services Sent Items - To: Jeffery Mihulka (jandkkbi) E-mail & notices (1) From: Tax Questions/Rulings Requests Deleted Items Account: 602-999-529 Secure e-mail (I Received: Tue 06/05/2012 4:35 PM E-mail notifications (listserv) O Add/Edit ¢ Alerts Folders Dear Mr. Mihulka, My logon profile jandkkbl tog out 1 DOR Home Tutorial Ctidt here ` FriM Prev Next El 'Malik you for your inquiry regarding sales tax. You ask: I have learned from other Backflow Testers that Backflow testing is not subject to sales tar. Is this correct? If so, then could you also clam that if any repairs are done, and an additional fee is charged, ij'that would be taxable. Ruling Charges for stand-alone backflow testing services are not subject to sales tax. Such income is subject to business and occupation (B&O) tax under the service and other activities classification. If the testing results in necessary repairs, those repair charges will be subject to retail sales tax and retailing B&O tat. Note that if testing and repair services are sold for one non -itemized price, sales tax must be collected on the entire charge. This ruling is binding. If you disagree with this ruling, you have appeal rights as described in WAC 458-20-100. If you have further questions, please ,,wite again. State of Washington DEPARTMENT OF REVENUE Receive inforinational updates that affect businesses, including new p ograins, publications, and legislative changes. Sign up for the Deparhnent?s General Information listserv. CONFIDENTIALITY NOTICE This e-mail may contain confidential information protects from unauthorized disclosure by the Washington Records Act (RCW 42.56.210, RCW 82.32. 330 and RCN 84.08110). The information is intended only for the original requester. If con arc not the original requester, you an; hereby notified that any unauthorized disclosure, copyins, distributing, or die taking ofaction in reliance on die contents of this information is strictly prohibited. Ifyou have recen ed this transmission in error, please immediately notify the Department of Revenue by responding to this messaso. Show Original Message(s) Need Assistance? 1-877-345-3353 Your Privacy i �2007 Washington State Department of Revenue and its licensors. All rights reserved. https://fortress.wa.gov/dor/efile/Content/DoinerRusiness/MyAccount/Secure.., 6/5/2012