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Home My WebLink About5376 6�7� ACCEPTANCE OF COMPENSATION& RELEASE OF ALL CLAIMS Arterial Street Sidewalk Landscape Contract#5376 -Project 542.6142 Superior Maintenance Solutions, LLC {SMS) hereby indicates agreement with, and acceptance of, the final Contract Payment of$7,534.36, and the total Contract Price of $39,581.54 including Washington State sales and/or use taxes, as full and final compensation for all Work performed in connection with Project Number 542.6142, and does hereby release the City of Bremerton from all claims, liability, demands, damages and acti s of any kind whatsoever, arising from performance of that Contract. By: �d..�� Date: � �l'S�'��— Title: �� Certificate of Notarv r � I Subscribed and sworn to before me this�day of ,�� , ZD�� ,�0111919df:a ��` G��rO 6e�I ♦ Q� ,........ 0' ri �� .�' p Ex '•. i �C`Q,��`��o Pl�es.ti• �i v� ;F S � •Y �� 4� � � .' Q�fj ��"- - Z C� � �= : Q,,a�� o� a ' c�:' ' •. m.• . � � •.� 06,26�•.`�`� ��i tS� ��'••......• r ,� ��o��!O;�a,,`�� ` Washmgton State � �� Department of Rcvcnue ��'�'�;�� P013ox47474 Olympia,WA 9A504-747�4 603 277 07 \� n� ��j� ��;,., Certificate of Payment of State Excise �' �G'��' ,-� _�� Taxes by Public Works Contractor �yFF �'1`'�-� 9�y�� o�f �s,o� SMS SUPGRIOR MAINT SOLUTIONS LLC CITY OF BREMERTON 19410 HWY 99 STE A136 LINDA FULTON LYNNWOOD WA 98036 5102 , ?� �Q� OYSfEI� A��/�}V��, � BREMERTON WA �83-39 9�3I� We hereby certify that taxes, increases and penalties due or to become due from the above-named contractor under Chapter 180, Laws of 1935, as amended, with respect to the following public works contract: CITY OF BREMERTON ARTERIAL ST SIDEWALK LANDSCAPE MAINT together with all other taxes, increases and penalties due from such contractor, have been paid in full or that they are, in the Department's opinion, readily collectible without recourse to the state's lien on the retained percentage. This certificate is issued pursuant to the provision of Chapter 60.28 Revised Code of Washington for the sole purpose of informing the state, county, or municipal officer charged with the duty of disbursing or authorizing the payment of public funds to said contractor that the Department of Revenue hereby releases the state's lien on the retained percentage provided by this Chapter for excise ta�es due from said contractor. This certificate does not release said contractor from liability for additional tax that may be later determined to be due with respect to the above-mentioned contract or other activities. Dated �(l,��Z� J j,� at Olympia, Washington, � ' State of Washington Depart nt of Revenue � ` . � Certifying Officer - For tax assistance,visit do�.wa.gov or call 1-800-647-7706. To mquire about the availability of this document in an alternate'fornia[for the visually impaired, please call(360)705-6715.Tcictype(T�'Y)users may call I-S00-451-7985. . RLV 31 0028(I 0-01-02) r" � Employmeni Security Department � WASHINGTON STATE P.O.Box 9046 Olympia,WA 98507-9046�Fax 360-902-9287 ��v�° CITY OF BREMERTON Q�� 1 Z 20�5 )C�RTIFICATE OF )PAYMENT OF CONTRIBUTIONS 239 4TH ST )PENALTIES AND INTEREST ON BREMERTON, WA 98337 G�NEE�1t�G0��s10 )PUBLIC WORKS CONTRACT �,,�. E""""�^ ES Reference#:47611800 1 UBI No:603277071 CONTRACTOR: SMS - SUPERIOR MAINTENANCE SOLUTIONS LLC 10121 EVERGREEN WAY EVERETT, WA 98204 The Employment Security Deparhnent hereby certifies those contributions,penalties and interest due from the above named contractor under the Employment Security Act have been paid in full or provided for with respect to the following public works contract: Description: ARTERIAL STREET SIDEWALK LANDSCAPE MAINTENANCE. Contract number: N/A The Employment Security Department hereby certifies that it has no claim pursuant to RCW 50.24.130 against the public body named above for tax attributable to service performed for said public body by the above named contractor on the above described contract. The Employment Security Department releases its lien on the retained percentage which is provided by RCW 60.28.040 for contributions,penalties and interest due from said contractor. This certificate does not release said contractor from liability for additional contributions, penalties and interest which may be later determined to be due with respect to the above mentioned contract. Dated at Olympia, Washington on October 12, 2015. EMPLOYMENT SECURITY DEPARTMENT Original- Disbursing Officer Duplicate - Employer Triplicate-Central Office Files �E STATF O � �, 4 k o � n W� Y7 C yh'� ItlBU� STATE OF WASHINGTON DEPARTMENT OF LABOR AND INDUSTRIES CITY OF BREMERTON/L . FULTON ATTN: LINDA FULTON-PROJECT ASSISTANT 3027 OLYMPUS DRIVE BREMERTON WA 98310 . Certificate of Release of the State 's Lien on Public Works Contracts With this letter, the Washington State Department of Labor & Industries approves of your release or payment of the contract amount retained from the following contractor --- SMS SUPERIOR MAINTENANCE SOLUT 508, 748-11 603 277 071 10121 EVERGREEN WAY # 25-169 EVERETT WA 98204-3885 --- related to the following public works contract : ARTERIAL STREET SIDEWALK LANDSCAPE MAINTENANCE 5376 This approval is for workers ' compensation insurance premiums only. L&I 's prevailing wage section separately requires all contractors on the project file an affidavit of wages paid . These affidavits must be approved before retainage can be released . In our opinion , all workers ' compensation insurance premiums , increases , and penalties due to L&I from this contractor have been paid in full or are readily collectible without recourse to the state 's lien on the retained percentage .** This letter 's sole purpose is to communicate our release of the state 's lien to the public official responsible for paying or authorizing the payment of public funds to the contractor named above . If we later determine that the contractor owes additional premiums related to the above-mentioned contract or other activities, the contractor is still liable for payment . Dated Janu r 22, 20 6 t Olympia, Washington . �� Contract Release Specialist , CASSIE LANGTON 360-902-5649 or LACD235aLNI .WA.GOV ** Title 51 RCW authorizes L8�I to collect workers ' compensation insurance premiums , increases , and penalties . Chapter 60 .28 RCW establishes L&I 's priority regarding this lien . Chapter 39. 12 RCW addresses L&I 's requirement for affidavits of wages paid . �� . �� - AFFIDAVIT OF PUBLICATION J �� ' ~�. ' Account#42742 AD#20146811 s;,,.5 STATE OF WASHINGT(.)N ��i//I/��R� COUNTY OF KITSAP �' �... N� �l��S•��N I,Teresa Hull,being frst duly sworn on oath,deposes and says:'fhat she is now,and at all times emhrace�c�. in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is publi.shed and is now and has been for more than six months prior to the date of the publication hereinafter referred to,published in the English language continually as a daily newspaper in Bremerton,Kitsap County,Washington,a weekly newspaper in Kitsap County,Washington and is now and during all of said time,was printed in an office maintained in the aforesaid place of publication of said newspaper;that the following is a true text of an advertisement as it was published in regular issues(and not in supplement form)of said newspaper on the following date, lo wit: And on May 6, 2015 such newspaper was regularly distributed to its subscribers during all of said period.The full amount of the fe r d o•the fore oin publication is the sum of$37.30.This amount has not been paid in full. Notary Pubfic State of Wash�ngton TISHA SULLIVAN ..My,Appointment Expires Aug 4, 2018 (Signa[ure of Principal Clerk) Subscribed and sworn to before me this day of May 26,2015. �� NOTICE OF COMPLETION . Notice of Completion has been issued to SMS -Superior Maintenance Solutions LLC for City Contract No. 5376 for the Arterial Street Sidewalk Landscape Maintenance. Any parties having a claim for material, labor or damages related to this Contract have forty tive(45)days from the date of first publication of this notice to file a claim. Shannon Corin City Clerk 345 6th 5treet Bremerton,Washington 98337 MAY 6,2015 AD#2014681 I I I il Contract Number: Vendor: Subject: Department: File Class: Beqin Date: End Date; Review Date: Vault Date: 5376 SMS - SUPERIOR MAINTENANCE SOLUTIONS, LLC PWA - Arterial Street Sidewalk Landscape Maintenance Public Works LEG 12-1 4/22/2014 10/30/2014 11/1/2014 Comments: CO #Ol 4/15/14 AGENDA BOLL CITY OF BREMERTON CITY COUNCiL SUBJECT: ConVact vwth SMS — Supenor Mamtenance Solut�ons for Artenal Street Sidewalk Landscape Mamtenance Study Session Date COUNCIL MEETING Date Department Presenter Phone February 26, 2014 March 5, 2014 PWBU Chal Marbn 473-5758 SUMMARY: This smali works roster pro�ect was pro�nded to 106 qual�ied oontractors listed on the MRSC small works site Three bids were rece�ved The low b�dder was SMS — Supenor Maintenance Solut�ons wnth a bid of $43�882 50 The contract Hnfi focUS on appl�nng herbicide and removing weeds and vegetation from the City's artenal street sidewaiks At the City's opUon and Hnth tt�e concurrence of the contraCtor, this contract may be extended into 2015 This �s a pdot pro�ect for the Public Works Department ATTACHNIENTS: 1) ConVact, 2) Bid Tabulafion FISCAL IMPACTS (Include Budgeted Amount) Funding for th�s contract Hnll come from Fund 102 (Streets)� line dem 542 6142, Sidewalks The bid amount �s $43,882 50 STUDY SESSION AGENDA � No Presentafion ❑ Full Presentahon STUDY SESSION ACTION: � Conser�t Agenda ❑ General Busmess ❑ Pub6c Heanng ItECOMMENDED MOTION: Move to approve a oontract �nnth SMS — Supenor Maintenance Solutions for Artenal Street Sidewalk Landscape Mamtenance m the amount of $43,882.50, and authonze the Mayor to final¢e and execute the agreement Hntfi substant�aliy the same terms and condrtions as presented COOJNCIL ACTION: [,�Approve ❑ Deny ❑ Table ❑ Confinue ❑ No Action Form Updated 11/02N2 PUBLIC WORKS AGREEMEN'T For Arterial Street Sidewalk Landscape Maintenance THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and .SMS — Superior Maintenance Solutions, LLC ("Contractor"), whose mailing address is 1941Q Highway 99, A-#136, Lynnwood, WA 98036. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: Arterial Street Sidewalk Landscape Maintenance in accordance with Exhibit A, Scope of Services. 2. TIME OF COMPLETION. Contractor shall complete the work by October 30, 2014. Should the Public Works and Utilities Director determine the Public Work services outlined in this contract were satisfactorily completed in 2014, this contract may be renewed, at the City's sole option, for calendar year 2015. If the contract is renewed, 2014 bid prices will be adjusted by the average annual percentage increase in the Seattle CPI for 2014 over 2013, in accordance with data published by the Bureau of Labor Statistics, U.S. Department of Labor. 3. COMPENSATION. The City shall pay the Contractor the total amount of $33,482.50, not including any applicable sales taxes, for the Tasks outlined in Exhibit A, in accordance with the bid amounts provided in Exhibit C. Additional compensation, not to exceed $10,400, and not including any applicable sales taxes, will be paid for Alternate Bid Items listed in Exhibit B. Applicable Washington State Retail Sales Tax on this contract shall be governed by WAC 458-20-171 and its related rules for the work contemplated in this agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a performance bond for the full contract amount to be in effect until sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retaina�e. The City shall hold back a retainage in the amount of five percent (5%) of any and all payrnents made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that PUBLIC WORKS AGREEMENT — Page 1 of 18 (between City of Bremerton and SMS — Superior Maintenance Solutions LLC) do not conform to the requirements of this agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Safety, training, licensing and certification: Contractor warranties its personnel are appropriately trained to set up and operate work zones in streets; licensed or certified to apply herbicides; provided with appropriate safety equipment and protective clothing; and trained in safety measures and techniques for the public work contemplated to be performed under this contract. E. Warrantv: Contractor shall warranty all work in accordance with the Scope of Services. F. Final Payment: Waiver of Claims. THE ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payrnents of income tax, social security, state industrial insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub-contractors. 5. TERMINATION. The City may terminate this agreement without notice for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's failure to supply sufficient skilled workers or suitable materials or equipment. B. The Contractor's failure to prosecute the work with such diligence as will ensure its physical completion within the original physical completion time specified in this Agreement and any extensions of time which may have been granted to the Contractor by change order or otherwise. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. PUBLIC WORKS AGREEMENT — Page 2 of 18 (between Ciry of Bremerton and SMS — Superior Maintenanee Solutions LLC) D. The Contractor's disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor disregards the authority of the City. G. The Contractor performs work which deviates from the Contract, and neglects or refuses to correct rejected work. H. The Contractor's failure to provide continuous competent supervision. I. The Contractor otherwise violates in any material way any provisions or requirements of the contract. If the City terminates this agreement for good cause, the Contractor shall not receive any monies due under this agreement, if any, until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a"Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. 7. CHANGES. The City may issue a written or oral work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written or oral work change directive from the City or a change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest bv the Contractor. If the Contractor disagrees with anything required by a written work change directive, oral work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1. Give a signed written notice of protest to the City within one business day; 2. Supplement the written protest within five (5) calendar days with a written statement that provides the following information: PUBLIC WORKS AGREEMENT — Page 3 of 18 (between City of Bremerton and SMS — Superior Maintenance Solutions LLC) a. The date of the Contract's protest. b. The nature and circumstances that caused the protest. c. The provisions in this agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protest. 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor's Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of Chan�. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written or oral order (including directions, instructions, interpretations, and determination). 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only i fl no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a PUBLIC WORKS AGREEMENT — Page 4 of 18 (behveen Ciry of Bremerton and SMS — Superior Maintenance Solutions LLC) Contractor's written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING 1N ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the Contractor's acceptance of the City's final payment under this contract. When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEIVINIFICATION. Contractor 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 attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages solely caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 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 Contractor and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Contractor, its agents, representatives, employees or subcontractors. PUBLIC WORKS AGREEMENT — Page 5 of 18 (between Ciry of Bremerton and SMS — Superior Maintenance Solut�ons LLC) Before beginning the work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liabilitv insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. The City reserves the right to receive a certified copy of all the required insurance policies. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Contractor's insurance shall be primary insurance as respects the City, and it shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6�' Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. If this contract requires work to be performed in or on navigable waters, the Contractor shall provide insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for claims made under the Longshoreman and Harbor Workers Act and the Jones Act. 12. MISCELLANEOUS. A. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement or any sub-contract hereunder, the Contractor, its sub- contractors, or any person acting on behalf of such Contractor or sub- contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, physical disability, or sexual orientation discriminate against any person who is qualified and available to perform the work to which the employment relates. PUBLIC WORKS AGREEMENT — Page 6 of 18 (between City ojBremerton and SMS — Superior Maintenance Solutions LLC) B. Comnliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. C. Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect E. Governin�w. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. F. Attornev's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement. G. Written Notice. All communications regarding this ageement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. H. Assi mgr�ent. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. I. 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 Contractor. J. Severabilitv. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. PUBLIC WORKS AGREEMENT — Page 7 of 18 (between Ciry of Bremerton and SMS — Superior Maintenance Solutions LLC) K. Entire A ement. The written provisions and teims of this agreement, together with any attached Ex}ribits, snpersede all prior verbal statements by any representative of the City, and thase statetnents shall not be construed as fomung a part of or altering in any manner this agreement This agreemcat and any attacl�ed Exhibits contain the entire agraement between the parties. Should aay language in any Exhibit to tlus agreemeat conflict with any language contained in tttis agreement, the terms of this agreement shall prevail. IN WI'1'NESS WHEREOF, the parties below have executed this agreement. CONTRACTOR �, . � SMS - Superio aintena� Services, LLC �.. �� .� Print Name: �' �` Title: � DATE � �.� �,' L Noticea to be eent to: CONTRACTOR: , ✓ .- , i . -l/7''�: � _ , . TI� CITY OF BREMERTON Print Name P L�: � Title: DATE... �Ia'! I J�'I ., Notices M be sent to: CITY OF BREMERTON: �`�-/ �'�lrK Bremerton, R7A �- i �36a? a�3-�rs�--�.�z� (360} 473-38i$(facsimile) 'J�a�U APPROVED AS TO Bremerton fCi�Attorney 337 � EST: � Bremerton City Clerk PUBLIC WORKS AGREEMEIVT — Page 8 of 18 (between City of Bremerton and SMS — Saperior Maintenance SolstFons LLC) EXHIBIT A SCOPE OF SERVICES City of Bremerton 2014 Street Vegetation/Landscape Management Program Bidders on this work are encouraged to conduct a site visit of all listed sites prior to formulating bids. Measurements listed are approximations. Where necessary, contractor shall provide traffic flagging and work zone setup as generally required by the Washington State Department of Labor and Industries, in accordance with the Washington State Department of Transportation Manual M 54-44.04, Work Zone Traffic Control Guidelines, February 2012. Contractor may perform work outside of normal work hours, with prior authorization from the Contract Administrator. City staff performed a test of hand-applied herbicide in the spring of 2013. In general, it was found that the application rate for city sidewalk arterials with an average amount of weed growth was between 800 and 2,000 feet per hour, per single person applying herbicide. This rate was achieved with 2-gallon hand-carried, hand-pump spray applicators. A generally faster application rate could be achieved with backpack sprayers. Warranty: Contractor shall provide warranty work for skipped or missed herbicide application or vegetation trimming, generally within 30 days of notice and in coordination with the Contract Administrator. It is the city's intention to work collaboratively with the Contractor to schedule warranty work efficiently so that warranty work can be performed when the Contractor's crews are in the area already for other work being performed under this contract. PUBLIC WORKS AGREEMENT — Page 9 of 18 (between City of Bremerton and SMS — Superior Maintenance Solutions LLC) Work Element #1: hand-applied herbicide application (glyphosate 1% or approved substitute) to control weeds/grass at the expansion joint behind the street curb and the sidewalk; around sidewalk protrusions such as power poles; and at retaining walls, foundation bases and walkway entries at the backs of sidewalks. Include curb returns 15' back or to logical transition if less. Goal of hand-applied herbicide application is to obtain a neat and weed-free sidewalk that is both functional and aesthetically pleasing to pedestrians and motorists. It is the expectation that, for this work element, incidental herbicide application will be performed when necessary and appropriate; for example, along the gutter/street expansion joint or at tree wells. Initial herbicide application to be completed no later than March 30 Subsequent applications as needed to control weeds as they emerge, for the duration of the calendar year. Work Eleanent #2: For areas where sod has built up at the expansion j oint behind the street curb and sidewalk, remove and dispose of sod after weeds have been killed (typically 30 days after herbicide application). Coordinate with the Bremerton Public Works Department point of contact to arrange for street sweeping after sod has been cleared. Sweep/blow as needed following sod cleanup to ensure sidewalks are clear of dirt, gravel, weeds, and debris. Haul away sod/debris that is too large or voluminous to be swept into the street gutter. Work Element #3: sweep/blow sidewalks one time, entire system as listed below. Sweep/blow as needed following any sod cleanup. Accomplish one-time sweeping/blowing by May 15. Haul away sod/debris that is too large or voluminous to be swept into the street gutter. Work Element #4: Tree/shrub trimming: trim sidewalk street trees and encroaching shrubs, vines, or invasives as necessary to provide adequate pedestrian space and a neat appearance. Trim street trees to provide 7' of sidewalk clearance. Trim shrubs, vines, and invasives to generally provide unobstructed pedestrian space to a height of 7 feet, for the width of the sidewalk. Haul away trimmings — do not leave on sidewalk or in street gutter. PUBLIC WORKS AGREEMENT — Page 10 of 18 (behveen City of Bremerton and SMS — Superior Maintenance Solutions LLC) Work Element #5: Vegetation trimming and mowing in designated areas: • NW corner of Warren/11 th : mow and trim twice/month from March 15 through October • Burwell: bulbouts on the westbound lanes between Warren and Naval: weed/trim twice per year, March and August (will require work zone setup) • Burwell, vegetation/shrubs at back of curb in short section of street west of Arvon and east of Olympic: trim twice per year, March and August (will require work zone setup) • Burwell, herbicide application at bottom of Navy fence line, Pacific to Warren: initial application no later than March 31; subsequent applications to control weeds as they emerge • Kitsap Way center median, approximately Crawford to Northlake Way: apply herbicide. 1 St application no later than March 31; subsequent applications to control weeds as they emerge (will require work zone setup) • Warren Avenue, north of bridge to Sheridan: apply herbicide to base of the guardrail posts. After herbicide kills the weeds, weed-eat around bottom of posts. Trim sod from back of sidewalks. Trim and remove Scotch Broom, blackberry vines, and other invasives encroaching on the sidewalk/guardrail. Work Element #6: Additional work: the City, at its sole option, may direct the Contractor through task order to perform additional landscape services in accordance with the "Additional 30,000 Lineal Feet Reserved" bid item. PUBLIC WORKS AGREEMENT — Page I 1 of 18 (tietween Ciry of Bremerton and SMS — Superior Maintenance Solutions LLC) City of Bremerton Arterial Sidewalk S stem to be Maintained Item # I�escription A rox Lineal Feet 1 Traffic islands and adjacent sidewalks at the SR-3/Kitsap Way interchange; include overpass sidewalks and street, National to Auto Center Boulevard 5,400 2 Traffic islands and adjacent sidewalks at 500 the SR-3/Loxie Eagans interchange 3 Kitsap Way, 300 feet west of SR-3 19,600 freeway interchange to Callow 4 6th Street, Callow to Washington 14,800 5 1 lth Street, Washington to Kitsap Way 16,800 6 Callow, 11 th to 1 st 5,400 7 Warren Avenue, Burwell to Sheridan 17,000 8 Wheaton Way, Sheridan to Riddell 13,600 9 Burwell, Washington to Callow 14,000 10 Park, Burwell to 11 th 4,200 11 Washington, 2nd to 11 th (include islands 5,200 in Washington/ 11 th curve and transition) 12 Naval, 1 st to 11 th 5,200 13 Perry, E. 1 l th to NE Stone Way 9,800 14 Schley, Samara to Sheridan 5,000 15 National, Kitsap Way to Burwell 2,000 16 Auto Center Way, Loxie Eagans to Kitsap 9,800 Way 17 Sheridan, Wheaton Way to Cherry, South Side of Street 1,000 18 Lebo, Wheaton Way to Lion's Park Boat 10,500 Ramp (include dead end stub) 19 Sylvan, Wheaton Way to Olympus 5,300 PUBLIC WORKS AGREEMENT — Page 12 of 18 (behveen Ciry of Bremerton and SMS — Superior Maintenance Solutions LLC) City of BreIInerton Arterial Sidewalk System to be Maintained (cont.) Item # Description A�prox Lineal Feet 20 30,000 Additional Lineal Feet Reserved 30,000 Total 194,500 PUBLIC WORKS AGREEMENT — Page 13 of 18 (between City of Bremerton and SMS — Superior Maintenance Solutions LLC) EXHIBIT B ALTERNATE BID ITEMS City of Bremerton 2014 Street Vegetation/Landscape Management Program Bidders on this work are encouraged to conduct a site visit of all listed sites prior to formulating bids. Alternate Bid Item #1: Remove sod, trim and clean the back of sidewalks. It is estimated that about one-quarter of the arterial sidewalk system designated for maintenance under this contract, will require some level of sod removal at the back of the sidewalks. Level of effort required for sod removal will vary. Alternate Bid Item #2: For the sidewalk on the south side of Sheridan, Wheaton Way to Cherry: Remove sod, trim and clean sidewalk; clean and weed and clean fence at back of sidewalk, removing vegetation. Apply herbicide to base of fence to control weed growth. Alternate Bid Item #3: Clear and grub, weed, trim, and remove invasive vegetation adjacent to the fence surrounding the City's Olympus water utility property. Apply herbicide at the base of the fence (6" on either side of base) to control weed and grass growth. Trim to achieve a clear zone on both sides of the fence of approximately six feet. PUBLIC WORKS AGREEMENT — Page 14 of 18 (between Ciry of Bremerton and SMS — Superior Maintenance Solutions LLC) IDescription Exhibit C Bid Proposal Arterial Street Sidewalk Landscape Maintenance City of Bremerton Estimated Unit Unit Price Total Quantity Work Element #1 Hand-Applied Herbicide Application 164,500 ft Foot .019 X 3 $9,376.50 Wo�k Element #2 Remove Sod at Expansion Joint, Back of Curb N/A Work Element #3 Sweep/Blow Sidewalks, One Time 164,500 ft Work Element #4 Tree/Shrub Trimmin� N/A Work Element #5 Vegetation Trimmin Mowing In Designated Areas • NW corner Warren/l lth N/A • Burwell bulbouts N/A • Burwell btwn Arvon and Olympic N/A • Kitsap Way center median N/A • Warren Avenue north of bridge N/A Total, Work Elements #1- #5: Work Element #6 Additional Work 30,000 lineal feet 30,000 ft LS N/A $7,500.00 LS N/A LS LS LS LS LS LS N/A N/A N/A N/A N/A N/A Foot $2,961.00 $4,800.00 $995.00 $1,250.00 $950.00 $1050.00 $3,250.00 $32,132.50 $1,350.00 PUBLIC WORKS AGREEMENT — Page 15 of I 8 (between Ciry of Bremerton and SMS — Superior Maintenance Solutions LLC) Description Ex�ibit C Bid Proposal (continued) Arteraal Street Sidewalk Landscape Maintenance City of Bremerton Estimated Unit Unit Price Total Quantity Alternate Bid Items Alternate #1 Remove Sod, back of sidewalk system wide Alternate #2 Sheridan Sod/Fence Maintenance Alternate #3 Olympus fence N/A LS N/A LS N/A LS N/A $8,500.00 N/A $1,050.00 N/A $850.00 PUBLIC WORKS AGREEMENT — Page 16 of 18 (between Ciry of Bremerton and SMS — Superior Maintenance Solutions LLC) PERFORMANCE BOND (page 1 of 2) KNOW ALL MEN BY THESE PRESENTS, That as CONTRACTOR, and as Surety, are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of dollars, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that said CONTRACTOR has been awarded and is about to enter into the annexed Agreement with said OWNER to perForm the WORK as specified or indicated in the Contract Documents entitled "City of Bremerton, Department of Public Works and Utilities, Bremerton, Washington, Crosstown Pipeline Upper Reach Repair"; now, therefore, In the event CONTRACTOR fails to timely or properly perform any of the requirements of the Contract Documents at the times and in the manner contained therein, the Surety shall be liable under this bond up to the amount of the bond for the full amount of the OWNERS's expenses to construct or repair all work as well as all loss, cost, expense or damage suffered by the OWNER in excess of the Contract amount due to the CONTRACTOR'S failure to comply with any contract or permit conditions or other applicable laws and regulations. The Surety agrees that within 30 calendar days of receiving notice that the OWNER has declared a CONTRACTOR default and formally terminated the CONTRACTOR'S right to complete the Contract pursuant to its terms and conditions and that the CONTRACTOR has defaulted on all or part of the terms guaranteed by this bond, the Surety shall either: 1. Notify the OWNER in writing of its intent to cure the default itself within a reasonable period of time acceptable to the OWNER. The OWNER agrees to pay the balance of the Contract price to the Surety in accordance with the terms of the Contract, or 2. Tender to the OWNER the demanded sum, up to the amount of the bond. However, if the amount necessary for the OWNER to cure the default is less than the amount tendered, the OWNER will return, without interest, any overpayment to the Surety. PROVIDED, that any alterations in the WORK to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said CONTRACTOR or said Surety hereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said CONTRACTOR or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. PUBLIC WORKS AGREEMENT — Page 17 of 18 (between Ciry of Bremerton and SMS — Superior Maintenance Solutions LLC) PERFORMANCE BOND (page 2 of 2) The obligation of the Surety shall include reimbursing the City for all costs and expenses, (including, but not limited to fees and charges of engineers, architects, attorneys, and other professionals, and court costs if litigation is commenced) incurred by the OWNER in enforcing the provisions of this Bond. The CONTRACTOR hereby agrees that the CONTRACTOR'S obligation to perform the required work is not limited to the amount of funds held by the Surety. This bond is irrevocable and cannot be canceled by the Surety or the CONTRACTOR. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and until the bond is released in writing by the OWNER at the written request of the Surety or CONTRACTOR. IN WITNESS WHEREOF, we have hereunder set our hands and seals this day of , 20_. (SEAL) By: (CONTRACTOR) (Signature and SEAL) By: (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) Address of Surety to which all notices shall be sent: Address of Surety for service of process: (must be a physical address) (Surety) (Signature and SEAL) (SEAL) PUBLIC WORKS AGREEMENT — Page 18 of 18 (between Ciry of Bremerton and SMS — Superior Maintenance Solutions LLC) Change Order #1 PUBLIC WO�S AGREENIENT For Ax�terial Street Sidew�lk I,andsc�pe M�iaate��nce For valuable consideration, the Parties agree to modify Cbntract No. �7�oas follows: Paragraph 3 is modified. as follows: 3. CONdPENSATION. The City shall pay the Contractor the total amount of $33,482.50, not including any applicable sales taxes, for the Tasks outiineti in Exhibit A, in accordance with the bid amounts provided in Exlubit C. Addirional compensation, not to exceed $10,40Q, and not including any applicable sales taxes, will be paid for Alternate Bid Items listed in Exhibit B. Aaditional compensation, not to exceed $10,000, will be paid for the expense of the performance bond and additional expense {if any) for herbicide substitution. Applicable Washington Sta.te Retail Sates Tax on this contract shall be governed by WAC 458-2U-171 and its related rules for the work contemplated in this agreement. The Contra.ctor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. All other terms of the Agreement not specifically amended herein shall remain in full force and effect. � CONTRACTOR SMS — Superior Maintenance Services, LLC Print Name: ��N �`"�� Title: �er�/ /��z�r' DATE �j�I/� A e . Shannon L. Corin, City CIerk Approved as to form: � Roger Lubovic ' Attorney CITY OF BREMERTON � Patty Len Y D /�/� /