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502�
CITY OF PORT ORCHARD
Building Demolition - 213 & 215 Prospect Street
Publzc Works
LEG 12-1
3/31/2011
6/30/2011
6/1/2011
,
SERVICES AGREEMENT
This Service Agreement ("Agreement") between the City of Bremerton, (hereinafter
referred to as "Bremerton") and City of Port Orchard (Hereinafter referred to as "Port Orchard"),
made and entered into on the date fully executed below
WHEREAS, Port Orchard requires demolrtion and removal services of two structures
located on Port Orchard property and has requested that Bremerton perform these services as
herem descnbed, and
WHEREAS, Port Orchard is obligated for the cost of work descnbed herein,
NOW THEREFORE, in consideration of the terms, condrtions, covenants, and
performances contained herein, or attached and incorporated and made a part hereof, IT IS
MUTUALLY AGREED AS FOLLOWS
I
GENERAL
��� Bremerton, agrees to perform the following "Descnption of Work"
� rovide equipment and personnel to demolish and remove two existmg structures located
at Prospect Street This includes removal of all debns and filling and compacting of the
fo ndation excavations with matenal on site, coordmation for asbestos abatement and obtaimng �,
the Notice of Intent (NOI) This work does not mclude any import or export of additional
matenal, asbestos abatement, contaminated soils or underground storage tanks, permits,
coordination with utilities, traffic control, erosion control or finish gradmg of site
Port Orchard agrees, upon satisfactory completion of the work mvolved, to deliver a letter
of acceptance to Bremerton which shall mclude a release and waiver of all future claims or
demands of any nature resulting from the performance of the work under this Agreement
If a letter of acceptance is not received by Bremerton withm 30 days following
completion of the work, the work will be considered accepted by Port Orchard and shall release
Bremerton from all future claims and demands of any nature resulting from the performance of
the work under this Agreement
Port Orchard may withhold this acceptance of work by submitting wntten notificahon to
Bremerton within the 30-day penod This notification shall include the reasons for withholding
the acceptance
Bremerton represents and warrants that it has the requisite traming, skill and expenence
necessary to provide the services under this agreement and is appropnately accredited and
licensed by all applicable agencies and governmental entities Services provided by Bremerton
Ctty of Bremerton and Ctty of Port Orchard Page 1 of 4
Servcce Agreement
Bu�lding Demolctcon at 216 Prospect Street
under this agreement will be performed in a manner consistent with that degree of care and skill
ordmanly exercised by members of the same profession currently practicmg m similar
circumstances
II
PAYMENT
Port Orchard, m consideration of the faithful performance of the work to be done by
Bremerton, agrees to reimburse Bremerton for the actual direct and related mdirect cost of the
work
An estimate of cost for work to be performed by Bremerton is listed below
• Excavator rental for $4600
• Bremerton labor required for the work will be 2 6 days for 5 men or 104 hours at
$44/hour for approximately $4600
• Bremerton equipment (Dump trucks, flatbed, equipment truck, etc ) will be
approximately $1900
• Dump fees, asbestos abatement and the NOI will be forwarded to Port Orchard for
direct payment and shall not be a part of this agreement
Adding a 10% contingency on the excavator rental, Bremerton labor and equipment costs, and
rounding will result m a not to exceed total of $12,500 for the work to be performed
Port Orchard agees to make payment for the work to be done by Bremerton within thirty
(30) days &om receipt of billing from Bremerton
Port Orchard agrees that if payment for the work is not made withim m�ety (90) days after
receipt of billmg Bremerton shall assess a penalty of 10% on all amounts outstandmg until
payment for the work is received by Bremerton
III
EXTRA WORK
In the event unforeseen conditions require an increase m the cost of 25 percent or more
from that agreed to on the above estimate, this Agreement will be modified by a supplement
Agreement covenng said mcrease
In the event rt is determined that any change from the descnption of work contained m the
Agreement is required, approval must be secured from Port Orchard pnor to the begimm�g of
such work Where the change is substantial, wntten approval must be secured.
Reimbursement for increased work and/or a substantial change m the descnprion of work
shall be limited to costs covered by a wntten modification, change order or extra work order
approved by Port Orchard
C�ry of Bremerton and Ccry of Port Orchard Page 2 of 4
Servcce Agreement
Building Demolitcon at 216 Prospect Street
IV
RIGHT OF ENTRY
Port Orchard hereby grants and conveys to Bremerton the nght of entry upon all land
which Port Orchard has tnterest, within or ad�acent to the nght of way of the roadway, for the
purpose of completing said work
V
TERMINATION
This Agreement shall remam m force until completion and acceptance of the services,
terminated by wntten mstrument upon mutual consent, or termmated for cause This Agreement
may be immediately terminated for cause by a Party if the other Party substantially fails to
perform through no fault of the terminating Party, and the non-performmg Party does not
commence correction of the failure of performance withm thirty (30) days of the terminating
Party's sending notice to the non-performing Party
VI
VENiJE
In the event that any party deems it necessary to mstitute legal action or proceedings to
enforce any nght of obligation under this Agreement, the parties hereto agree that any such action
or proceedmgs shall be brought in a court of competent �unsdiction situated m Kitsap County,
Washington
VII
LEGAL RELATIONS
No liability shall attach to Bremerton or Port Orchard by reason of entenng into this
Agreement except as expressly provided herein
Bremerton and Port Orchard shall hold each other harmless, and mdemmfy, and defend the
other, includmg their elected officials, officers, employees, and agents, from and against any and
all suits, actions, claims, liability, damages, �udgments, costs and expenses (including reasonable
attorney's fees and costs) which result from or arise out of the tndividual City's sole negligence
m connection with or incidental to the performance or non-performance of rts response activrties
pursuant to this Agreement This mdemnification and hold harmless shall apply regardless of
whether the claim is brought pursuant to the Worker's Compensation Act, RCW Title 51, or
otherwise, and the parties waives any immumty whatsoever with respect to such mdemmfication
In providing services under this Agreement, Bremerton shall be deemed an mdependent
contractor, and neither it or its officers, agents, or employees, shall be deemed employees of Port
Orchard for any purpose whatsoever
Ctty of Bremerton and Ccry of Port Orchard Page 3 of 4
Servtce Agreement
Bu�ld�ng Demolition at 216 Prospect Street
This Agreement shall be for the sole benefit of the parties hereto, and nothmg contained
herein shall create a contractual relationship with, create a legal duty to, or create a cause of
action m favor of, a third party against either City
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above wntten
This Agreement is executed in duplicate onginals
CITY OF BRE ERTON:
Vincent Akimie C P M, P E
Director of Public Works & Uhlrties
30�� I<<
Date
APPROVED AS TO FORM
Ro er Lubovich, City At ey
CITY OF PORT ORCHARD
Mark ��t�P E
Public Works Director/Crty Engineer
� �,'
Date
APPROVED AS TO FORM.
coby, it Attorn y
R\Legal\Legal\Contracts\PUBLlC WORKS\Service Agreement - Demohtion at 216 Prospect St doc
Ctty of Bremerton and Ciry of Port Orchard Page 4 of 4
Servtce Agreement
Build�ng Demolztton at 216 Prospect Street