007-21 - Atwork! Commercial Enterprise, LLC - ContractCITY OF PORT ORCHARD PURCHASED SERVICE AGREEMENT
THIS Agreement ("Agreement") is made effective as of the 15"' day of Decem er, 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 Atwork! Commercial Enterprise LLC a Limited Liability Corporation (describe the type of
organization, whether corporation, sole proprietorship, etc.), organized under the laws of the State of
Washington, doing business at:
Atwork! Commercial Enterprise LLC (hereinafter the "VENDOR")
1935 152"d PINE
Bellevue, WA 98007
Contact: John Song Phone: 206.434.6623 Email: johns]@workwa.org
for ordinary maintenance services performed in connection with the following:
2021 Various Areas Landscaping Mantenance
TERMS AND CONDITIONS
1. 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 January 111, 2021. ("Commencement Date") and
shall terminate December 3159. 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 Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C007-21
Public Works Project No. PW2020-019 Rev 4/10/2020
C:\Uunkwouling\AppDatakUcaNNier fAWindowsUNctCeche\Content.Outlook\5A9S85FW\0007-21-DmR.dacx
1 of 11
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.
❑ LUMP SUM. Compensation for these services shall be a Lump Sum of $
x TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not
exceed $3 i 601.28 without written authorization and will be based on billing rates and
reimbursable expenses attached hereto as Exhibit "A".
❑ 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
41 11
❑ 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 Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C007-21
Public Works Project No. PW2020-019 Rev 4/10/2020
C:1Usm\cwanlinplAppDals\Lomfl MimosohlWindo%,ANciCachu\Conknl.Oullook\5A9S85FW10007-21-Dfafl.docx
2of11
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.
E. 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 Atwork? Commercial Enterprise LLC
Purchased Service Contract No. C007-21
Public Works Project No. PW2020-019 Rev 4/10/2020
C:Wscm\cwattlingWppData\Local\Microsoft\Windows\RJgCachc\Content.Cudook\5A9S85F W\0007-21- Dmft.do=
3of11
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 withow—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. Ri r is Upon Termination.
1. 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 Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C007-21
Public Works Project No. PW2020-019 Rev 4/10/2020
C:\Use xwatdinglAppDataUAcid\Miemsofl\Windom\INclCache\Contcnl.oudeok\5A9S85FW\0007.21- Dre&docx
4of11
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 Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C007-21
Public Works Project No. PW2020-019 Rev 4/10/2020
C'•:,Lisris\,wattling\AppDateU.oW\Microsofl\Windows\INetCaahe%Content.OuGook\5A9S85FW\0007-21- Drafldocx
5of11
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 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. 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 Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C007-21
Public Works Project No. PW2020-019 Rev 4/10/2020
C:\Umu\cwattUnk,AppOata\Local\Microsoft\Windows\lNelCacho\Content 0udook\5A9S85FW\C007-7I. Draft.dom
6of11
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:VII.
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 VENDOR
Mayor Attn:
216 Prospect Street
Port Orchard, WA 98366
Phone: 360.876.4407 Phone:
Fax: 360.895.9029 Fax:
15. Resolution of Disputes and Governing Law.
City of Port Orchard and AtworkI Commercial Enterprise LLC
Purchased Service Contract No. C007-21
Public Works Project No. PW2020-019 Rev 4/10/2020
C:%Ua iiwwattling\AppData\Uml\MicosoFl\Windows\)NetCachelConlrnt,0oflook\5A9S85FW\C007.21•Dni docx
7of11
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 2000d-4 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 Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C007-21
Public Works Project No. PW2020-019 Rev 4/10/2020
C:\Usenlowettling\AppDataU-m( viimsoft\WindowsUNetCache\Contcni.Outlook\SA9S85FW\0007-21-DmEdoex
8of11
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 furnish 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 Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C007-21
Public Works Project No. PW2020-019 Rev 4/10/2020
C:\Uam\ewattling\AppDela\Local\MiaosoA\WindowsVNelCaehe\Content.Outlook\5A9S85F W\C007-21- DmIdom
9of11
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set
forth above.
CITY OF PORT ORCHARD, VENDOR
WASHINGTON
By:
Name:
By: _ _ Title:
Robert Putaansuu, Mayor
ATTEST AT
By: _
randy Rinearson, MMC, City Clerk
APPROVED AS TO FORM:
By:�
Charlotte A. Archer, City Attorney
,,,1,1,ullll„
oO PORT O'g. ,,rf
_ fia O
SEAL ' _
:CPS ,p ,�� 0+,
City of Port Orchard and Atworkl Commercial Enterprise LLC
Purchased Service Contract No. C007-21
Public Works Project No. PW2020-019 Rev 4/10/2020
C1Ujei:lowa111ingUppUcLp�,Lo;%M-uosolnWindow.MholCachelConlenLOn0ook1SA9593MC007-21-Drafl.do
10 of 11
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 U S.C. § 2000d et scq., 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 III of the Americans with Disabilities Act, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 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 IX 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 Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C007-21
Public Works Project No. PW2020-019 Rev 4/10/2020
C:%Usm\cwattling\AppData\Local\Mimsolt\Windows\WetCache\Content 0ut1ook\5A9585FW\C007-2I. Dmft.dm
11 of 11
AWov-k
�w+,vwG�►`GiQ�I C--vt �V �3CS L LC
vn Schedule of Contract Prices
y 2�y/,� 20 LANDSCAPE MAINTENANCE OF VARIOUS AREAS
N= If a discrepancy between the numerical unit price and the written (words) unit price Is found, the written
(words) unit price shall control.
The City of Port Orchard reserves the right to award a contract for all or any combination of schedules, based upon
the overall lowest responsible bidder.
Schedule of Contract Prices
Lands+c"rngMaintenance. for Various Areas
Number of
Per Visit vielts Per
Descrl tfou Charp Month Amount Per Month
Schedule
A
WINTER MONTHS
January, February, November,
December Landscaping Services
• Etta Tumor Memorial Park
S 3 Z
2
$
• Parking Lots 1, 2, 3,4
$ �O $ _
1
S Zo 2
• Rockwell Park
011 11
2
S Z.& 4
• Roundabout Park &
$ l b 4
2
Surrounding ROW _
• Flagpole Triangle on Bay St
S-,57
1
S S Z
• Arnold & Beach Parking
r1 r,
$ �0
1
S lj
Lot/Plenter
e Westbay sections 4&
S/Blackjack Point
S Z
2
s 10 Lf-
• Grounds Maintenance
$
1
S 104
waterfront Dock
• Planter Bed on Bay St (510
S -10
l
$ D
Plaza
Per Month Total for Winter Months
Total for Winter Months (4)
da
S 'S_ . Di
SPRING & SUMMER MONTHS
March, April, May, June, July,
August, September, October
Landscaping Services
• Etta Turner Memorial Park
S %
4
g - 5,7
• Parking Lots 1, 2, 3, 4
S 2 i�
2
$ C�� -
• Rockwell Park
• Roundabout Park &
Surrounding ROW
• FlagpoleTdangleonBay St
• Arnold & Beach Parking
• Wastbay Sections 4 &
5/81ack adt Point
• Grounds Maintenance
■ Planter Red on Bay St (510
PEa")
Per Month Total for Spring/Summer
Months
Totes for Spring(Summer Monks (8)
Total for Year
Sales Tax 9%
Total Balkedyle A
Monthly Billing Total (Total of Sohedule
A/12)
4 S51Z
4 S
2 S 10 C./-
2 S to C2
4 $
2
2 S %O
S 2,'TR Z U--
SALES TAX
In accordance wRh Sectlon 1-07.2(2) State Sales Ta)c The Contraabrshall polled from the ContracUngAgoay refall
sales tax on the full contract price.