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HomeMy WebLinkAbout5573 ��-� 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 two 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 proposal 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 8�Abandonment), and have a budgetof $250,000. The total cost for the purchase of the two (2) bridges is 5130.176.94(includes freight& taxes). BARS#594.34324. STUDY SESSION AGENDA: �No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 ConsentAgenda ❑ General Business ❑ Public Hearing 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 Z000 ROAD BRIDGE THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Rapid-Span Structures Ltd. ("Vendor"), whose mailing address is: 1145 Industrial Drive,Armstrong, BC, Canada VOE 1 B6 The parties agree as follows: 1. VENDOR SERVICES. The Vend�r shall provide the fotlowing goods and materials to the City as described in the Request for Bids dated March I l,20i6: . 200U Road Bridge - One 16' x SO' skewed modular bridge structure including abutments, DIP attachments and all pertinent hardware,delivered to the site. 2. TIME OF COMPLETION. Vendor shalt complete the work and provide all goods, materiais and services as described between July I S and October 31, 2016. • 3. COMPENSATION. The City shall pay the Vendor the total amount of Sixty Four Thousand, Fifty Two Dollars ($64,052 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 #l: Nineteen Thousand, Two Hundred D�Ilars ($19,200 USD) ugon invoice from Vendor within 30 days of contract execution. Payment #2: Forty Four Thousand, Eight Hundred Fifly Two Dollars ($44,852 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. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services on its own or from a third party, and Vendor shall be liable to the City for any addiNonal costs incurred by the City. "AdditianaI costs" shall mean all reasonable costs, including legul 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. 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 compleEe this Ageement within the time specified in this t Rev.03-16 Agreement. B. The Vendor's failure to comply with federal, state or locaI laws, reiles or re�ulations. C. 1fie 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 Agreement are completed and fully performed by the City or a third party of the CiEy'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) calendaz 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 ageement 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 receivin� either a written change order from the City or an oral order from the City before actualIy receiving the wriEten 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 arder 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 bv the Vendor. If the Vendor disa�ees 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: 1. 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 detecmined. e. An analysis of the progress schedule showing the schedule change or disruption if ti�e 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 2 Rev.03-16 made for an invalid protest. B. Vendor's Dutv to Camnlete FrotesEed Work. In spite of any protest, the Vendor shall proceed promptly to provide the goods, materiaIs and services required by the City under this Agreement. C. Vendor's Acceptance of Chan�es. The Vendor accepts ali 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 pravides, the Vendor alsa 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 Consdtutes 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 Ehan 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 it} 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 QR EVENTS SURROUNDING THAT CLAIM OR 0 CAUSED BY THAT DELAY. , Vendor must, in any event, file any ctaim or brin� any suit arising from or coruiected with this Ageement within 120 calendar days from the date the contract work is complete. 7. MISCELLANEOUS. • A. 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: l. Addenda, if any, 2. Conhact, 3. Specifications, 3 Rev,03-16 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 4. Non-Collusion Affidavit. C. Use of Photographs and Ima�es. Vendor shall not use or distribute photogaphs or images depicting City officials, personnel, property, or equipment whether prepared by Vendor or provided by Ciry 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 govemed 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 A�reement, 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 A�reement 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 ttre addressee at the address stated in this Agreement. Notices to be sent to: Notices to be sent to: VENDOR: CITY: Attn: Paul King Attn: Pat Coxon Rapid-Span Structures Ltd. City of Bremerton 1145 Industrial Drive 1600�yster Bay Ave. S Armstrong, BC, Canada VOE 1 B6 Brernerton, WA 98312 K. Assienment. Any assigiment of this Ageement by the Vendor withaut the written consent of the City shall be void. L. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shali be binding unless in writing and signed by a duly authorized representative of the City and Vendor. M. SeverabilitY. 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. • 4 Rev.03-16 N. Entire Agreement. The written provisions and terms of this Agreement, to�ether wiEh any attached Exhibits, supersede all prior verbal statements hy any representative of the City, and those statements shalI not be conshved as forming a part oF ar altering in any manner �his Agreement. This Agreement and any attached Exhibits contain the entire Ageement between the parties. Should any Ianguage in any Exhibit to Ehis A�reement conflict with any language contained in � this Agreement, the terms of this Agreement shall prevail. IN WIT'NESS WHEREOF, the parties below have executed this Agreement. VENDOR: CITY: Rapid-Span Structures Ltd. City of Bremerton . • By: By: r f Print Name: Paul King Frint Nam : r' Its: VP Enqineerinq Its: Date: Apr. 27, 2016 Date: OS �S APPROVED AS TO FORM: By: - Bremerto i y Att ey ATTEST: � By: ' City Clerk S Rev.03-I 6