HomeMy WebLinkAbout5426Contract Number
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5426
TRASH REMOVAL SERVICES, LLC
GSA - 1129 North Callow Avenue
Code Enforcement
LEG 12-1
7/31/2014
8/30/2014
2015
Comments :
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TRANSIIAIT7°AL
September 30, 2014
Trash Removal Services, LLC
PO Box 5255
Bremerton WA 98312
RE: Goods and Services Agreement
1129 North Callow Avenue
I have enclosed your fully executed copy referenced above.
Best Regards,
.
Shannon L. Corin
City Clerk
/slc
Enclosure
cc: File
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City C/erkl Shannon L. Corin
shannon.corin�ci.bremerton.wa, us
GOODS AND SERVICES ACREEMENT
THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and TRS
Trash Removal Services LLC ("Vendor"), whose mailing address is: P.O. Box 5255, Bremerton, WA 98312.
The parties agree as follows:
1. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services
for the City: Vendor will disconnect any and all remaining utilities at the subject property and demolish, haul and dispose of fire
damaged house at subject property. The subject property is located at 806 Cherry Court, Bremerton, Washington.
2. TIIVIE OF COMPLE'1'ION. Vendor shall complete the work and provide all goods, materials and services within 30
calendar days from the date all parties have signed this Agreement.
3. COMPENSATION. The City shall pay the Vendor the total amount of $7,500.00, which includes applicable Washington
State Sales Tax, for the goods, materials and services contemplated in this Agreement.
Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defecrive or
unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the
City may obtain the goods, materials or services by Agreement or otherwise, and Vendor 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 Agreement price specified above. The City further reserves its right to
deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to become due
the Vendor.
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 payments of income tax, social
security, state disabiliry insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor,
officer, agents, employees and sub-contractors. T'he 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 for good cause. "Good cause" shall include, without limitation,
any one or more of the following events:
A. The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for
completion of this Agreement.
B. 1'he Vendor's failure to complete this Agreement within the time specified in this Agreement.
C. The Vendor's failure to make full and prompt payment to subcontractors or for material or labor.
D. The Vendor's failure to complete with federal, state or local laws, rules or regulations.
E. The Vendor's filing for banla�uptcy or becoming adjudged banlmipt.
If the City terminates this Agreement for good cause, the Vendor shall not receive any fiirther monies due under this
Agreement until the goods, materials and services required by this Agreement are completed and fully performed.
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. If the Vendor determines, for any reason, that a change order is necessary, Vendor must
Rev. 6/14
submit a written change order request to an authorized agent of 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 determines that the change increases or
decreases the Vendor'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 Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will
determine 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 oral order from the City before actually receiving the written change order. If the
Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent
change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment the Vendor must
complete the change order work; however, the Vendor may elect to protest the adjustment as provided below:
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 from the City, including any direction, instruction, interpretation, or determination by
the City, the Vendor shall:
]. Immediately give a signed written notice of protest to the City; �
2. Supplement the written protest within fourteen (14) calendaz days with a written statement that provides the
following information:
a. The date of the Vendor'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 Vendor is
asserting a schedule change or disruption.
3. The Vendor 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 Vendor's records needed for evaluating the protest.
�
C.
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.
Vendor's Duty to Complete Protested Work. In spite of any protest, the Vendor shall proceed promptly to provide
the goods, materials and services required by the City under this Agreement.
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 protesting in the way this section provides. A change order that is accepted
by Vendor 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 Vendor 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 Vendor
completely waives any claims for protested work and accepts from the City any written or oral order (including
directions, instructions, interpretations, and determination).
2
Rev. 6/14
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 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 Vendor
unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement; or, if (and only i� 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 Vendor knew, or should have Irnown, of the facts giving rise to the claim. At a minimum, a Vendor's written claim must
include the information set forth regarding protests in Section 6(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 IN ANY WAY FROM THE FACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
Vendor 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.
8. WARRANTY. "The Vendor shall correct all defects in workmanship and materials within one year from the date of the
City's acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year
from the date such correction is completed and accepted by the City. T'he Vendor shall begin to correct any defects within seven (7)
calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the conections within a
reasonable time, the City may complete the conections and the Vendor shall pay all costs incurred by the City in order to accomplish
the correction.
9. IPiDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officer, 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. Vendor's obligation to indemnify shall not extend to that portion of
damages caused by the City's sole negligence.
The City's inspection or acceptance of any of Vendor'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 4.24.1 I5, 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.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION
CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY
FOR TI-� PURPOSES 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.
10. INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for
3
Rev. 6/14
injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the
Vendor, its agents, representatives, employees or subcontractors.
Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance
evidencing:
1. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single limit per accident for bodily
injury and property damage; and
2. Commercial General Liabilitv insurance written on an occurrence basis with limits no less than $1,000,000
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; and employer's liability.
Any payment of deductible or self-insured retention shall be the sole responsibility of the Vendor.
All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which
shall be provided on a"claims-made" basis.
The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work
performed by or on behalf of the Vendor and a copy of the endorsement naming the City as additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance
policies.
The Vendor's Commercial General Liability 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 Vendor's insurance shall be primary insurance as respects the City, and it shall be an affirmative obligation upon Vendor
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.
The City also reserves its unqualifed right to require at any time and for any reason, proof of coverage in the form of a
duplicate of the insurance policy with all endorsements as evidence of coverage.
11. MISCELLANEOUS.
A. Licenses and Taxes. Vendor shall possess a current Bremerton Business License and any regulatory license required
to fulfill Vendor's obligations under this contract. B&O taxes shall be paid when due, and Vendor, by this
agreement, assigns any payments due under this contract to the City Clerk for payment of such taxes which have
been declared delinquent.
B. Conflict and Precedence. In the event of a conflict between the contract documents, the document which rates
higher on the following list shall take precedence:
4
Rev. 6/14
1. Addenda, if any,
2. Contract,
3. Specifications,
4. Terms and Conditions,
5. Contractor's proposal.
C. Documents Incorporated by Reference. The following documents are incorporated by reference, to include, but not
be limited to:
1. Terms and Conditions,
2. Specifications,
3. Proposal, and
4. Non-Collusion Affidavit.
D. Use of Photographs and Images. Vendor shall not use or distribute photographs or images depicting City officials,
personnel, property, or equipment whether prepared by Vendor or provided by City without prior written consent of
the City. The City will not unreasonably withhold its consent.
E. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement the Vendor, its
subcontractors, or any person acting on behalf of Vendor shall not, by reason of race, religion, color, sex, sexual
orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates.
F. Compliance with Laws. Vendor shall comply with ap federal, state and local laws, rules and regulations throughout
every aspect in the performance of this Agreement.
G. Work Performed at Vendor's Risk. Vendor shall take all precautions necessary and shall be responsible for the
safety of its emp(oyees, agents, and subcontractors in the performance of this Agreement. All work shall be done at
Vendor's own risk, and Vendor 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.
H. Governing Law. 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 Vendor under any of the provisions of this Agreement,
resolution of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Kitsap County
Superior Court, Kitsap County, Washington.
I. Attornev's Fees. 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 9 ofthis Agreement.
J. 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 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 in this Agreement.
Notices to be sent to:
VENDOR:
Notices to be sent to:
CITY:
5
Rev. 6/14
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Ciry of Bremerton
345 Sixth Street, Suite 600
Bremertoq WA 98337
K. Assig,�►►men[. Any assignment of this Agreement by the Vendor without thc writtcn consent of the Ciry shalf be void.
L. Modification. No waiver. alteratioq or modificaiion of any of the provisions of this Agreement sball be binding
unless in writing and signed by a duly authorized reprc�sentative of the City and Vendor.
M. Severabilitv. If any one or more sectioos, sub-sections, or sentences of this Agreement ere held io be
unconsritutional or invalid, that decision shall not affect ihe validity of the remaining portion of this A� and
the remainder shall remain in full force and effect.
N. Entire Agreement. The vrritten provisions and terms of this Agreement, Wgether with any attached Exhibits,
supersede all prior verbal statemenu by any representadve of the City, and those statements shall not be conshved as
forn�ing a part of or altering ia any manaer this Agreement This Agreement aad any aitached Exhibits contain the
entir�e Agreement between tbe parties. Should any language in any Exhibit w this A�eement oonflict with any
language contained in this Agreement, the terms ofthis Agreement shall prevail.
IN WTTIJESS WHEREOF, the parties below bave executed this Agreement.
VENDOR•
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Print Name: e5 S.e � cf e,-i
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Date: ls
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RU,egallLcgal\Contracts�FORMS1Goods and Services Agreement.docx
�
Rev. 6/14
APPROVED AS TO FO .
By:
Bremerton Ci Atto�ey
� , �~ �� TRASREM-01 WADE
ACORO CERTIFICATE OF LIABILITY INSURANCE DATE�MM/DD/YYYY)
`� 7/9/2014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER NAMEA Gavin Jorde
Sears 8 Associates, InC. PHONE 206 842-9091 ac No : 206 842-5125
115 Hall Brothers Loop NW ac No e:� :� ) � �
Suite 109 A oR�ess: 9avin@searsandassociates.com
Bainbridge Island, WA 98110
INSURER(S) AFFORDING COVERAGE NAIC #
�r,suReRn:�Nestern National Assurance �t465
INSURED
Trash Removal Services LLC
PO Box 5255
Bremerton, WA 98312
INS URER B :
INSURER C :
INSURER E :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
��� TYPE OF INSURANCE A6D SU$ pOLICY NUMBER 1 MM D�DIYYYY MMIDDIYYYY � LIMITS
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 �,OOO�OO
I
CLAIMS-MADE � OCCUR X CPP1042826 06/2212074 06122/2075 pREMISES Eaoccurrence $ ��
� x Premises/ Operations MED EXP (Any one person) $ 5,00
�X Prod.lComp.Ops. ; PERSONAL&ADVINJURY $ 'I,OOO,OO
GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ Y,OOO,OO
X POLICY � ECT C� LOC � PRODUCTS-COMP/OPAGG , S Z�OOO,OO
OTHER WA STOP GAP ' s 1,000,00
AUTOMOBILE LIABILITY I Ee accdeD SINGLE LIMIT g 1,000,00
A X ANY AUTO X CPP1042688 06/2212014 06/22/2015 BODILY INJURY (Per person) $
ALL OWNED SCHEDULED BODILV INJURY (Per accident) $
AUTOS AUTOS '
X X NON-OWNED PROPERTY DAMAGE $
HIRED AUTOS AU70S Per accident
5
UMBRELLA LIAB � OCCUR I EACH OCCURRENCE � 5
� EXCESS LIAB � CLAIMS-MADE � AGGREGATE , 5
DED RETENTION 3 � S
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y � N i STATUTE I ER
ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? N � A. —
(Mandatory In NH) � E L DISEASE - EA EMPLOYE $
� If yes, descnbe under ------�" ��- �--
i DESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT $
I
�
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additlonal Remarka Schedule, may be attached IT more space ie requlred)
RE: 806 Cherry St, Bremerton WA 8 2106 7th St, Bremerton WA
subject to policy conditions, exclusions and endorsements.
Certificate holder is additional insured as respects named insured's operation.
CERTIFICATE HOLDER
City of Bremerton
345 6th St
Bremerton, WA 98337
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2014/01)
O 1988-2014 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
, =.
COMMERCIAL GENERAL LIABILITY
WN GL 49 01 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - AUTOMATIC STATUS WHEN
REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU
PRIMARY AND NONCONTRIBUTORY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II — Who Is An Insured is amended to
include as an additional insured any person or or-
ganization for whom you are performing operations
when you and such person or organization have
agreed in writing in a contract or agreement that
such person or organization be added as an addi-
tional insured on your policy. Such person or or-
ganization is an additional insured only with respect
to liability for "bodily injury", "property damage" or
"personal and advertising injury" caused, in whole
or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured.
A person's or organization's status as an additional
insured under this endorsement ends when your
operations for that additional insured are com-
pleted.
B. The Limits of Insurance applicable to the additional
insured are those specified in the written contract
or written agreement or in the Declarations of this
policy, whichever is less. These Limits of Insur-
ance are inclusive of, and not in addition to Limits
of Insurance shown in the Declarations.
C. With respect to the insurance afforded to these
additional insureds, the following additional exclu-
sions apply:
This insurance does not apply to:
1. "Bodily injury", "property damage" or "personal
and advertising injury" arising out of the render-
ing of, or the failure to render, any professional
architectural, engineering or surveying services,
including:
a. The preparing, approving, or failing to pre-
pare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and specifica-
tions; or
b. Supervisory, inspection, architectural or
engineering activities.
2. "Bodily injury" or "property damage" occurring
after:
a. All work, including materials, parts or equip-
ment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be perFormed by
or on behalf of the additional insured(s) at
the location of the covered operations has
been completed; or
b. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontrac-
tor engaged in performing operations for a
principal as a part of the same project.
D. As respects the coverage provided under this en-
dorsement, Paragraph 4.b. of the Other Insurance
Condition is deleted and replaced by the following:
4. Other Insurance
b. Excess Insurance
This insurance is excess over any other
insurance naming the additional insured as
an insured whether primary, excess, contin-
gent or on any other basis unless the written
contract or agreement described in A. above
specifically requires that this insurance be
provided on either a primary basis or a pri-
mary and noncontributory basis.
WN GL 49 01 09 Includes copyrighted material of Insurance Services Offce Inc with its permission. P8g@ 'I Of 'I ❑