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HomeMy WebLinkAbout4930Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 4930 NORTHWEST LANDSCAPE SERVICE SR 304 TO Missouri Gate signal/Charleston Beach Road Engineering LEG 12-1 8/1/2010 8/1/2011 6/1/2011 Comments : GOODS AIVD SERVICES AGREEMENT THIS AGRELMENT, is entered into between the Gity af Bremerton, a Washington Municipal Gorporation ("City"), and Northwest Laudscape Services ("Vendur"), whose mailing address is: P.O. Box 864, Woodinville, W A 98072. 'I'he parties agree as follows: 1. VENDOR SERVICES. The Vendor shall provide the following goods and materials and{or perfonn the following services for the csr Loeat'lon: Project location is on SR 304 from the SR 3/SR 304 interchange [o the Missouri Gate signal and a planted bed on Charleston Beach Road located behind Clift's Cycle. Specifications: The City of Bremerton shall provide traffic rontrol for work performed on the median strip. This is expected to be for one day each month., Work performed on the, sides of the road sl�all utilize DOT-approved signage and coning to secure vehicles and individuals working on the shouldcr and planting beds of the road. 5aid signage and coning shall be completed by the Contractor. See attachment titled "Schedule A Specifications" for additional specifications. 2. TI1�lE OF COMPLETION. Vendor shall complete the work and prnvide all goods, materiats and services within over the calendar year starting on August l, 2010 and ending August. l, 2011. 7'his contract may be extended for one additional year at the City's discretion and in agreement with the vendor. 3. COMPENSATION. The City shalt pay the Vendor the total amount of $19,508.90, including applicable Washington State Sales Tax, for the goods, materials and services contemplated in this Agreement over the course of one (1) year. The City shall make A moutlily payment of $1,625J4 to the Vendor to completion of the year. A. Defective or Unauthorized Work. The City reserves its right to w�thhold payment from Vendor for any defeciive or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of dus Agreement, the City may obtain the goods, materiats or services by Agl'eei118t1t or otherwise, and Vendor shal! bc liable to the.City for any additional costs incurred by the City. "Additional costs" sliall mean all reasonable costs, including legal iosts ac�d attorney fees, incurred by diz'City beyond tlse maximun� Agreement price specified above. 'fhe City further reserves.its right to deduct the cost to complete this Ageemeat, including any Additional Costs, fro�n any and all amounts due or to becon�e due the Vendar. 4. INDEEENDENT CONTRACTOR. Contractor is and shali bc at all times acting as an independent contractor and not as an employee of the City. The ConCractor.shall secure at its expense, and shall tie responsible for all payments of income tas, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicabte business licenses, if required, in conuection w'rth the coutract services, including all required licenses for Contractor's o�cers, agents, employees aud sub-contractors. 5. TERMINATION. The City may ternunate this Agreement for good cause. "Good cause" shall include, without limitation, any otic or more of the following events: A. Tl�e Vendor's refusal or failw•e to supply a sufficient number of properly skilled �vorkers or proper materials for complet�on of this Agreement. B. The Vcndor's failure to complete this Agreemeni within tlic time specified in ihis A��eement. C. The Vendor's failure to make full a�id prompt payment to subcontractors or for material or labor. D. The Vendor's failure to complete witli federal, state or local laws, iules or regulations. E. The Veiidor's filing for bankruptcy or becoming adjudged bankrupt. lf the City terminates this A�reement for good cause, the Vendor shall not receive any further mouies due under this Agreement untii the goods, materials and services reqmred by this Agreement are coinpleted and fully perfonned. 6. +CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. lf the Vendor determ'v�es, for any reason, that a change order is necessary, Vendor must submit a written change order request to an authorized agent af the City 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 decennines that the chauge incieases or decreases die Vendor's costs or time for performance, the City will rnake an equitable adjustrnent. The City will attempt, in good faith, to reach agreement with the Vendar on all equitable adjusm�ents. However, if the parties ar� unable to agree, the City will deternune the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an orai order from the City before actually receiving the written change order. If the Vendor fails to require a change order withiu die time allowed, die Vendor waives its right to make any claim or submit subsequent chflnge order requests for that portion of tlie cnntract work. If the Vendor �iisagrees with the equitable adjustment the Vendor must complete the change order work; however, the Vendor may elect to protest the adjusmient as provided belo�v: A. Procedure and Protest by the Vendor. If the Vendor disagrees with anything required by a change order, another written order, or an oral order frorn the City, inc luding any direction, mstrucrion, interpretatiun, or determination by tl�e City, the Vendor shall: 1. Inunediately bive a signed written notice of protest to tiie City; 2. Supptement the written protest withiii fourteen ( l4) calendar days with a written statement that provides the following infannation: a. T'he date of the Vendor's protest. b. The nahue attd circumstances that caused the protest. c. The provisions in diis Agreement tl�at support the protest. d. The estimated dollar cost, if atty, of the protested work and how that estimate �vas determined. e. An analysis of the pragress schedule showing the schedule chanbe or disruptinn if the Vendor is assertu�g a schedule cliange or disruption. 3. The Vendor shall keep complete records of extra costs and time incurred as a result of the protested �vork. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all protests, provided the procedures in this section are foliowed. It'the City determines tliat a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an utvalid protest. B. Vendor's Du to Complete Protested Work. In spite of any pratest, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. C. Vendor's Acceptance of Changes. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protestiug in the way dus section provides. A change order that is accepted by Vendor as provided in this section shall canstitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential eosts, including costs of delays related to any work, either covered or affected by the chan�;e. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, insm►ctions, interpretations, and detennittation). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of tlus section, the Vendor completely waives any clain�s for protested work and accepts from the City any �i�itten or oral order (including directions, instnictions, interpretatious, and deternunatiai). 7. CLAIMS. The Vendor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurreuce of the events giving rise to the claims. Any claim for damages, addirional payment for any reason, or extension of time, whether under this Agreement or othenvise, shall be conclusively deenied to have been waived by the Vendor unless a rimely written claim is inade iu strict accordance with the applicable provisions of this Agreement; or, if (and only if} no such provision is applicable, unless that claim is set forth in detail in writing and received hy the City within seven (7) calendar days from the date Vendor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Vend�r's written claim must include the information set forth regarding protests in Section 7(A)(2)(a)-(e). FAILUI�E TO PR�VIDB A COMALBTE, WRl"TTEN NOTIFICATION OF GLAIM WITHW THE TIME ALLOWED SI-IALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FAG'I'S OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Vendar must, in any event, file any claun or bring any suit arisin� from or connected with this Agreement within 120 calendar days from the date the contract work is complete. 8. WARRANTY. The Vendor shall correct all defects in workmanship and materials within one year from the date of the City's accepiance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year fi�om Qie date such correction is completed and accepted by die City. The Vendor shaU begin to correct any defects �vid�ui seven (7) calendar days of its receipt of notice from che City of Qie defect. If the Vendor does not accoinplisl� the conections within a reasonable time, the City may complete the corrections and the Vendor shall pay all costs incurred by the Ciry n� order to accomplish the conection. 9. 1NUEMN7FICA'CtON. Vendor shall defend, indemnify and hold the City, its ot�icer, officials, employees, agents and volunteers harniless from any and all claims, injwies, damages, losses or suits, including all legal costs and attorncy fees, arising out of or in cannection with the performanee of this Agreement. Vendor's obligation to indemnify shall not extend ta that portion ofdamages caused by the City's sole negligence. The City's inspectiou ur acceptance of any of Vendor's work when completed shall nnt be grounds to avoid any ofthese covenants of indemnification. Should a coiut of competent jurisdiction detemune that this Agreement is subject to RCW �3.24.115, then, in the event of liability for damages arising out of bodily injury to persoiu or damages to property caused by or resulting from the concurrent neglige�ice of the Vendor and the City, its officers, ofticials, employees, agents and vohmteers, the Vendor's liability hereunder shall be only to the extent oC Qie Vendoi's negligencr. IT IS FtJRTHFR SPECIFICALLY AND EXPRESSLY UNDERS7'OOD THAT THIS 1NDEMNIFICATION C'ONSTITLJTES THE CONSULTANT'S WAtVER UF IMMUNI`TY UNDER 1NDUSTRIAL INSURANCL•', TI'fLE 51. RCW, SOLELY POR THE PUI2POSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED TIiIS WANER. 17ie provisions of tlus section shall survive the expiration or tennination of this Agreement. 10. INSUItANCE. The Vendor shall procure and maintain for the duration of this Agreement, insw�ance against claims for injuries to persons or darnage to property that may arise from or in connection with the perforn�ance of the Contract work.by the Vendor its agents, representarives, empioyees or subcontractors. Befure beginning work un the project described in this A�reenient, the Vendor shall provide a Certificate oflnsuiance evidencuig: 1. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single limit.per accident for bodily injwy and property ciamage; and 2. Commercial General Liabilitv insurance written on an occurrence basis with,limits no less than $1,OOU,000 combiued single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be li►nited to: blanket contractual; products/completed operations/broad form properry damage; and employer's liability. Any payment of deductibic or self insured retention shall be the sote responsibility of the Veridor. All required policies shall be provided on an "occurrence" basis except professional liability u�surance (if required), which shall be provided on a "claims-made" basis. The City shall be named as an additianal insured on the Commercial Ge�ieral C,iability insurance policy, as respects work perfornied by or on behalf of the Vendor'and a copy of the endorsement nanung the City as additional insured shall be attached to the C:ertificate of insurance. 7'he City reserves the right to receive a certified copy,of,all the.required insurance.policies. The Vendor's Commercial General Liability inswaace shall contaui a clause stating that coverage shall apply separately to eacli insured against whom claun is made or suit is brought, except with respects to the.limits of the insurer's liabitity. The Vendor's insurance shall be primury insurance as respects the Ciry-and the City siiali be given thirty (30) days prior �vritten- notice by certified mait, retuin receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified ri�ht to require, at any time and for any, rea'sou, proof of coverage in the forn� of a duplirate of the insurance policy with all endorsements as evidence of coverage. 11. MISCELLANEOUS. A. Licenses and Taxes. Vendor shall possess a ciurent Brernerton Business License and any regulatory licei�se required to fulfill Vendor's obligations under diis contract. B&O taxes shall be paid when due, and Vendor, by this agreement, assibns any payments due under this contract to the City Clerk for payment of such taxes which have been declared delinqueni. B. Conflict and Precedence. In the event of a conflict between the contract documents, the document which rates higher on tl�e following list shall take precedence: 1. Addenda, if any, 2. Contract, 3. Specifications, 4. Terms and Conditions, S. Contractor's proposal. C. Documents Incorporated by Reference. The following doc�unents are incorporated by reference, to include, but not be limited to: 1. Terms and Ga�ditious, 2. Speciftcations, 3. Proposal, and 4. Non-Collusion Af�idavit. D. Nondiscrimination. In the hiring af employees for the perfom�ance of work under this Agreement the Vendor, its subcontractors, or any person acting on behalf of Vendor shall not, by reason of race, religion, colar, sex, sexual orientation, natianal origin, or the presence of any sensory, mental, or physical disability, discriminate against auy person who is qualified and available to perfotm the work to which the employment relates. L. Compliance �vith Laws. Vendor shall comply with all federal, state aud local laws, rules and regulations duoughout every aspect in the perfom�ance of this Agreement. F. Work Performed at Vendor's Risk. Vendor shall tal:e all precautions necessary and shall be responsible far the safeiy of its employees, a�ents, and subcontractors in the perforn�ance of this Agreement. All work shall be done at Vendor's own risk, and Vendor shall be respo��sible for any loss of or damage to materials, tools, ar other articles used or held for use in connection with the work. G. Governing Law, Tliis Agreement shatl be govemed and construed in accordance with the laws of the State of Washington. If airy dispute arises between the City and Vendor under any of the provisions ofthis Ageement, resolution of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. H. Attorneys Fees. In any clairn or lawsuit for damages arisuig from the parties' perforn�ance of this Agreement, each party shall be responsible for payment of its own legal costs and attomey's fees incurred iu defending or bringing such claim or lawsuit; however, nothing ir� this subsection shall limit dte City's right ta indemnification under Section 9 of this Agreement. I. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless otherwise notified. Any written notice shall become effective upon de(ivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed suffciently given if sent to the addressee at the address stated in this Agreement. C:� L. Notices to be sent to: VENDOR: Northwest Landscape Services Atm: Mike Paulsen P.O. Box 864 Woodinville WA 98072 m�keo(c�nlswa.com Notices to be sent to: CITY: Attn: Gunnar Fridriksson 3027 Olympus Drive Bremerton,.WA 98310 gunnar. fridril:sson�c�i,.ci. bremerton. wA. us Assignment. Any assignment of this Agreement by-the Vendor widiout the written coi�sent of the City shall be void. Modification. No waiver, alteration, or 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 Vendoe. Severabilitv. If any one or more sections, sub-sections, or sentences af this Agreement are held to be uncanstitutional or invalid, that decision shall nnt aftect the validity of the remaining portion of this Agreement and the remainder shall remain ir► full force and effect. M. Entire Agreement. The written provisions and terms of this Agreement, together with any attaci►ed Exltibits, supersede all prior verbal statements by any representative of the Gity, and those statements shall not be construed as formin� a part of or altering in any maluier this Agreemeut. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language coutained in this Abreement, the terms of tlus Agreement shall prevail. IN WI"TNESS WHER�OF, the parties below have executed this Agreement. VEND�R: Northwest L dscape Services By: Print Name: � tts: nt►� Date. 7� at T� 1 U CITY: City of Bremerton 13y:�7�( �_ • Print Namel�� It5:._L,�1 �i v: wi APPRO O F�RM: By: / rem on Ciry Attorney ATTEST: � By: Ci Clerk `i(ii:l'tiFt:.�!' � \ti!)'�t �I'I..`i1'.St� l� t�5 SGNEDULE 'A' SPECIFtCAT10NS Maintenance Activity Schedule City of Bremerton BEO ACTIVtTY Jan Feb Mar A��r May Jun !ui Aut,� Seu �Ct Nov Uec f ti trJeedinyiRakmc� 2 2 4 4 5 4 5 5 4 4 2 2 42 Weea S�.�ray X X X x X X X X Fe�tti�zati0n X X K X X X X I�re-emeryent X X X X Prune Grounrlcovet & X X X X k X X 5hruhs Pr�n� Trees X X y X� X x X X � Licter PiCk-up E A G N V 1 S I T IRRIGATION ,Ian Fab Mr�r Ap� May Jun Jui Au�j 5e�� Ort Nav Dec "rn On t(?ff E7N UN C7FF �FF hlon�tor�Ad�ust M Q iv 1 T O R! A D J U 5 T V�ti3t ! iilt � � � (, l'�t�,f Li'1 �^?•!tti tCt -• S�� c:�r•���.a�r•io:�s �ok t_.��1>sc:t���: I��I.aT`�r���:�ntt�t: "t'�cLS, ti�iRV�s, ��c C�kcii��� C'otisL�t Fcrtili;,afiurr :• `1'rec,, shrut�s, �tn�l �*roun�icvv�rs {.i" �.ili��c:r �7r lc:ss) ���il) be fertiliz�il in a unif�riu manner as necdecl to inaurc a hcalihv appc:arance. :� 51o�tr-relea�c typ� mixture �ilat c�ntains a balanred formula �vill be uaed. f�ertilirer �vill Ue applie�i to all tr�es, �l�rut�s .ind �roun�ico��er; in pruper i�rc�pr�rticm t� siz� ai�d clensit}�. llisc�u.ce cur l�r.�er. C�rr trul •:• Aerii�dic in;pection� wi11 h�; madc {'or inclications csf clis�a:;c� or inicstaciau. Dia�no�is �nd ren��dies ���i(i be communicateil ta thc Ownes�iMana�;er tivith a pcor�sal Iar corrrct�vc acUOn. PrtutinA ❖ Trees and shrubs ti�at do nat exc�ed 12' in hei�!ht �vill b� p+•uned to main[aiti natural shal�c and b7l�nce. Dis��ed ana danlag�d �ro�arth .�ill l�e remc��.•e�. •3 Cirot�»c� ca�'cr an� shrub� will be t��immed or shrarucl from Marcla through Septembir la xnaintain natural sha��c an�l I�unetion as needed to pri�vidc ihe desired appearance. Ciroun�l �overs will be trin�i��e�l to rn��intain a cicar edge atc�n� t�ie laaundarizs c>f desired �Y•o�c�th, Resuitin� debris ��ill be rc:n�avcd fr�m sitc. ❖;�ll shrubs ���ill be tnaint�ni��ccl in ihe sl�ape and appearaiace that czisircl ��izen tiie C."nntr:�ct�r acquired the sitc �inlesti �>tiicr�vis�, a�reed upon by �-lcftlendtim. {6'ec�r! Ct�►ttr�! •:• 1'lanter I3eds �4�ill E�e �4��ccicd r�y� hand ��r t!u•aut}i tl�t u,e ui' a p�.�;t h�rbicicle a� nucded t<> i��aintaa❑ a neat and cl�an ��pa�earc�itce. 1're l�ert�icide;s �iiil hc: applied twe� times per }�car in �ill o}��n b��i ��raas Co assist i» bed �reed conirul. \{ii: i i;�� L� 1 i.'.'�:3�t ',1'i `+i t;1 Pt ��,ti t��:�r•.R.a;. 11�ti�!v�rr:� ri���r ���r���r„� •:• t3c;ds ��-i11 l�c iakc:d �v3i���e t►o �rounslci��c.r �ri,t; tc� n7uii�t<7i» a neat ancl ric:ai� appearan�c pc:r Schc�rl�ilc� �-!. Duri��g ra�h � 'I511 1�)l�l'tltlll t�� t�1C Q()Ci1 IICII �}. �� ill h� illfillllillti4'lI, i'f7�UIU11� tll 17111CtC4i1 f'ufl ii�aint�na�it� r�.�tatic��ls. •:• W�edii�� �� ill be pertc�r«ied ��cr .S'c�lar�rlul�� : t to u�aint�in a cl�an ap{��aranct�. :• �t�'eed 5pra��in� .vill �c d�mt ��•it}i a post-e.mer4�ent herbiciJe. I're-em�r�*cnt Iterbicicic:s ���ill be applied as necded i» i��(arc;l� and Oct�jber to liclp controt +4ec;d gccmi�iatiun. •:• A slaw rcleas� tcrtili��r mixt��r� thai contai��s a balanced 1�rmula �vill lac used in all b�ds. Fertiliz�r ivili he appli��cl te� all �i�rubs and �*ruun�iet�vers i�.i pre�per propc►rtii�n to sizc. and dr�»sity. Hcrrrd W��teri�r� •:• liar�d watzrin� will bc: pei•fc�ri»eci as i�eedecl 3x ��er u�cek, a�td up tu 12 ��'�eks rer th� Schc:cfulc ;-1. Ner�l Sr�rfuces •:• All �valks, }�atic�s, dr;vewZys a�zd entries �3�ill be in�.chanically tleaned c�f s�arcjenin� debri;; rc-sultia2� f"rom (�`nntractc�r'� la�td�caping attivities. •:• l�ard surf��ce, will bc insPect�d tor �rack evecds, cl�e»>iraily' sprayed tl�en re��n�,u�d manually. I.itter Cuntrr�! cmd Gc�ne�ra! I�a�pectiur� •:• 1�?urin� eael� �isit, all maintainect Iri�iclscape are�ti �vithin d�� sccs��e �f this r�mtrari �vii{ be �ali�:cel fc�r littcr aiYCl �{eE�ris. Any iit7�ai�i���cieties shotilrl l�� 1�����u�ht �u the .�ttentit of ehe cfie;nt ur thkir re�-rres�nt�tti4�c. � v \t77tl:1�' �,�`�1'�5t \i'I_ :�t !{�!t ?.� (_�F:N!'it:t.l. ��.al,�'�1'N:�1•11('E. ��OVT'U. Rr� �� Plnuts •:• U�ae! ��lant; rmd th��se in �� statc of�cieclin�, ��-ill i�� I�ic�u�ht t�� Ihe �licnt's att4ntir»> immetli��tel}�. I�cplacement5 s�i�r51 hc a«e��t�c1 by a�id �ai�1 (i�r by the clicnt unless replar�mc���t is caused by C�x�tt ne�li�ei�ce, r�r a pric�r a�r�ement is �iu�lin�. I rri�utin�e •:• Re�l�arte: thc ,�•steti� in tlze ��rin� a��d check all com��onc�it� tor efl'ectivc operation. M��:t; �tlJll'illlit�t1lS anii tlusli heacls a� needcd. Ai7y nccc,5srry rc��airs ���ill be re��orted to ih� uu�nLa�'s rupresentati�e ak?n� �vrtl� a�n eytim�►tr iur the a��prc�val �t�4hc cast vf r�p<ur and re:�laccmGa�t p�Xrtc unlcss pre-ap�aroval is twt required. •. Ms�nitor ihc c.�per�tic�n ot� tlie sy�rem curnpon�nt� as needeil i�am April throu�ll `ieptember tvr praper operation. .'�take acijusmients as needed and repart �►uy ncccs�ai•� repairs t� thr C)wn�r's rc;presentativc; for <�uihorizalii»3 t� re{�air at adeiiti�izal uc>st. ••• Sh�it do�+�n thc �y�tci71 foc �uinlcr l�y 5h�rttin� ��l'f' wa�rr, ti�ue:r. ��ncl c7�cnin�: drains. �:• ('c�mpre�s�;ci air �linv tl���� 44i11 bi: dan� by rcquUst emly au�l at an adc�itic,��al char�e.