HomeMy WebLinkAbout5572 �►�r� 5��a
AGENDA BILL � �
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Goods & Services Agreements Study Session Date: April 13, 2016
for Purchase of 1)the 2000 Road Bridge COUNCIL MEETING Date: April 20, 2016
from Rapid-Span Structures; and 2)the Department: PW&U/Forestry
3000 Road Bridge#2 from Big-R Bridge to Presenter: Milenka Hawkins-Bates
be installed at the Watershed Phone: (360)473-5333
SUMMARY: The Forestry Division has identified finro sites on the watershed, where they have to
install finro bridges to meet DNR(Department of Natural Resources) RMAP (Road Maintenance&
Abandonment Plan)requirements.
An RFB (request for bids)was sent out on March 11, 2016, and we received eight (8)proposals,
three for the 2000 RD bridge and five for the 3000 RD bridge.
Rapid-Span Structures was the lowest responsive proposai for the 2000 RD bridge at a cost of
$69.624.52 (includes freight 8�taxes).
Big-R Bridge was the lowest responsive proposal for the 3000 RD bridge at a cost of$60•552•42
(includes freight&taxes).
ATTACHMENTS: 1) Goods and Services Agreement with Rapid-Span Structures; 2) Goods and
Services Agreement with Big-R Bridge; 3) Project Locations Map 4) Rapid-Span Structures Proposal;
5) Big-R Bridge Proposal; 6) Bid Summary
FISCAL IMPACTS (Include Budgeted Amount): The bridge purchases are budgeted through the
Water Capital Program (Forestry Road Maintenance &Abandonment), and have a budgetof
$250,000. The total cost for the purchase of the finro (2) bridges is $130.176.94(includes freight&
taxes). BARS#594.34324.
STUDY SESSION AGENDA: m No Presentation o FuIlPresentation
STUDY SESSION ACTION: � ConsentAgenda ❑ GeneralBusiness ❑ PublicHearing
RECOMMENDED MOTION: Move to approve the purchase of the 2000 RD bridge from Rapid-Span
Structures in the amount of$69•624•52 and authorize the Mayor to finalize and execute the purchase
with substantially the same terms and conditions as presented.
Move to approve the purchase of the 3000 RD bridge from Big-R Bridge in the amount of$60.552•42
and authorize the Mayor to finalize and execute the purchase with substantially the same terms and
conditions as presented.
COUNCIL ACTION: [�Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/07/15
GOODS AND SERVICES AGREEMENT
3000 ROAD #2 BRIDGE
THIS AGREEMENT, is entered into between the City of Bremerton, a Washington
Municipal Corporation ("City"), and Big-R Bridge ("Vendor"), whose mailing address is: PO
Box 1290, Greeley, CO 80632
The parties agree as follows:
1. VENDOR SERVICES. The Vendor shall provide the following goods and materials to
the City as described in the Request for Bids dated March 11, 2016:
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3000 Road #2 Bridge - One 18' x 50' modular bridge structure includirig abutments and all
pertinent hardware, delivered to the site, or as close to the project site as a standard tractor trailer
can reasonably access under its own power without specialized equipment.
2. TIME OF COMPLETION. Vendor shall complete the work and provide all goods,
materials and services as described between July 15 and October 31, 2016.
3. COMPENSATION. The City shall pay the Vendor the total amount of Fifty-Five
Thousand, Seven Hundred Six Dollars ($55,706 USD) for the bridge described above, delivered
to the jobsite as contemplated in this Agreement. The City shall pay the Vendor the following
amounts:
Payment #1: Sixteen Thousand, Seven Hundred Dollars ($16,700 USD) upon invoice from
Vendor within 30 days of contract execution.
Payment #2: Thirty Nine Thousand and Six Dollars ($39,006 USD) upon invoice from
Vendor following delivery.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment
from Vendor for any defective, damaged or unauthorized goods, materials or
services.
4. 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 failure to complete this Agreement within the time specified in this
Agreement.
B. The Vendor's failure to comply with federal, state or local laws, rules or
regulations.
C. The Vendor's filing for bankruptcy or becoming adjudged bankrupt.
If the City terminates this Agreement for good cause, the Vendor shall not receive any further
monies due under this Agreement until the goods, materials, and services required by this
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Agreement are completed and fully performed by the City or a third party of the City's choosing.
5. 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 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:
l. Immediately give a signed written notice of protest to the City;
2. Supplement the written protest within fourteen (14) calendar 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.
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. Vendor's Duty to Comnlete 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.
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
protesting in the way this section provides. A change order that is accepted by
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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).
6. 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 known, 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.
7. MISCELLANEOUS.
A. Conflict and Precedence. ln the event of a conflict between the contract
documents, the document which rates higher on the following list shall take
precedence:
1. Addenda, if any,
2. Contract,
3. Specifications,
4. Terms and Conditions,
5. Contractor's proposal.
B. 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
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4. Non-Collusion Affidavit.
C. Use of Photo�raphs 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.
D. Compliance with Laws. Vendor shall comply with all federal, state and local
laws, rules and regulations throughout every aspect in the performance of this
Agreement.
E. Governin�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.
F. Attorney'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.
G. 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: Notices to be sent to:
VENDOR: CITY:
Attn: Doug Myers Attn: Pat Coxon
Big-R Bridge City of Bremerton
PO Box 1290 1600 Oyster Bay Ave. S
Greeley, CO 80632 Bremerton, WA 98312
K. Assi n� ment. Any assignment of this Agreement by the Vendor without the
written consent of the City shall be void.
L. 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 Vendor.
M. 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.
N. Entire A�reement. The written provisions and terms of this Agreement, together
with any attached Exhibits, supersede all prior verbal statements by any
representative of the City, and those statements shall not be construed as forming
a part of or altering in any manner this Agreement. 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 contained in
this Agreement, the terms of this Agreement shall prevail.
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IN WITNESS WHEREOF, the parties below have executed this Agreement.
VENDOR: CITY:
Big-R Bridge City of Bremerton
gy: I�. C. �� By: ;� T'
Print Name: Rick C. Sauer Print Name: T�
Its: Vice President Its: �4Ri
Date: 04-28-2016 Date: /X��/ . ��
APPROVED AS TO FORM:
By:
�
Bremert City ttorney
ATTEST:
By:
City Clerk
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