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HomeMy WebLinkAbout5020Contract Number: Vendor: Sub�ect: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments : 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