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AGENDA BILL 6HCITY OF BREMERTON
CITY COUNCIL
SUBJECT: Goods and Services Agreement Study Session Date:
with:S. Varick-Maintenance for Landscape COUNCIL MEETING Date:
Maintenance and Services Department:
Presenter:
Phone:
May 24, 2017
June 7, 2017
PW&U
Wayne Hamilton
(360) 473-5207
SUMMARY: Call for Bids was prepared and sent out on April 10, 2017 to 21 potential Landscape
Services providers. Bids were received and recorded on April 25, 2017 with five comparable bids.
Low bidder was S. Varick Maintenance of Belfair WA. Staff requests approval to bid the award to S.
Varick Maintenance for Landscape Maintenance and Services for a 5 year term, and allow the PW
Director to approve an additional two, two year extensions per the contract documents.
ATTACHMENTS: 1) Bid Tabulation Form; 2) Goods and Services Agreement
FISCAL IMPACTS (Include Budgeted Amount): Funds are budgeted for the current year and would
be budgeted for the remaining contract terms. Amount not to exceed $ 7,000.00 per month.
STUDY SESSION AGENDA: N No Presentation ❑ Full Presentation
STUDY SESSION ACTION: ® Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION: Move to approve the award to S. Varick Maintenance of Belfair WA,
and authorize the Mayor to finalize and execute the agreement with substantially the same terms and
conditions as presented.
COUNCIL ACTION: [ZfApprove
Form Updated 01/07/15
❑ Deny ❑ Table ❑ Continue ❑ No Action
GOODS AND SERVICES AGREEMENT
THIS AGREEMENT, is entered into between the City of Bremerton, a Washington
Municipal Corporation ("City"), and S. Varick Maintenance ("Vendor"), whose mailing address is:
3530 Old Belfair HWY 945, Belfair WA 98528-8756. 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:
The Vendor agrees to perform the services more specifically described in the Scope of Work
and Duties, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by
reference herein. The Scope of Work and Duties may be modified only pursuant to section I OK of
this Agreement. If the Scope of Work and Duties provides for unspecified additional services, such
services shall only be performed upon the express written request of the City. Vendor further
represents that the services furnished under this Agreement will be performed in accordance with
generally accepted professional practices in effect at the time such services are performed, as
outlined in the Work Specifications.
2. TIME OF COMPLETION. The term of this Agreement shall commence on June 12, 2017
and will terminate on June 11, 2022, unless terminated earlier pursuant to this Agreement.
3. COMPENSATION. The City shall pay the Vendor in an amount not to exceed $7,000.00
per month. Vendor shall bill for services at the specific rates, attached hereto as Exhibit B, Bid
Proposal, which is incorporated by reference herein.
Vendor shall submit regular billing statements describing work performed and amount
charged for landscape maintenance and services. The descriptions shall conform to and fall within
the categories set out in the Scope of Work. Upon receipt of a conforming billing statement, the City
shall promptly process the payment.
Vendor shall not perform work beyond the Scope of Work and Duties, nor shall Vendor be
compensated for such work, unless the Scope of Work and Duties or amount of compensation is
modified pursuant to this Agreement. Vendor shall only be compensated for additional services if
requested pursuant to Section 1OX and, if not otherwise provided, such compensation shall be in
accordance with this Section.
If a billing statement does not conform to this Agreement, the City may withhold payment
until the statement is brought into compliance. Such withholding does not relieve Vendor of its
obligations under this Agreement.
4. INDEPENDENT CONTRACTOR. Vendor is and shall be at all times acting as an
independent contractor and not as an employee of the City. The Vendor shall secure at its expense,
and shall be responsible for all payments of income tax, social security, state disability insurance
compensation, unemployment compensation, and all other payroll deductions for the Vendor, officer,
agents, employees and subcontractors. The Vendor shall also secure all applicable business licenses,
Landscape Maintenance Agreement - 1
if required, in connection with the contract services, including all required licenses for Vendor's
officers, agents, employees and subcontractors.
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 for completion of this Agreement.
B. The Vendor's failure to make full and prompt payment to subcontractors or for
material or labor.
C. The Vendor's failure to comply with federal, state or local laws, rules or regulations.
D. 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 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 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:
1. 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
Landscape Maintenance Agreement - 2
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 Du1y 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.
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 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).
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 if) 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.
Landscape Maintenance Agreement - 3
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. INDEMNIFICATION. 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
4.24.115, 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 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 THE 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.
9. INSURANCE. The Vendor 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 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 Liability insurance with limits no less than $1,000,000 combined single
limit per accident for bodily injury and property damage; and
2. Commercial General Liability 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
3. Workers Compensation insurance as statutorily required by the Industrial Insurance
Act of the State of Washington, Title 51, Revised Code of Washington and
employer's liability with limits not less than $1,000,000.
Any payment of deductible or self-insured retention shall be the sole responsibility of the Vendor.
Landscape Maintenance Agreement - 4
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 shall contain a waiver of
subrogation against the City for claims arising out of any operations, liabilities and obligations to
which coverage applies. 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 6th 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 unqualified 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.
10. 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:
1. Addenda, if any,
2. Contract,
3. Scope of Work & Duties (Exhibit A)
4. Bid Proposal (Exhibit B)
5. Work Specifications
C. Documents Incorporated by Reference. The following documents are incorporated
by reference, to include, but not be limited to:
1. Scope of Work & Duties
2. Bid Proposal
Landscape Maintenance Agreement - 5
Work Specifications
D. 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.
E. 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.
F. Work Performed at Vendor's Risk. Vendor 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 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.
G. 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.
H. 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; however, nothing in. this subsection shall limit the City's right to
indemnification under Section 8 of this Agreement.
I. 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:
Attn: Shawn Varick
S. Varick Maintenance
3530 Old Belfair Highway 945
Belfair, WA 98528
Landscape Maintenance Agreement - 6
Notices to be sent to:
CITY:
Attn: City Clerk
City of Bremerton
3456 th Street, Suite 600
Bremerton, WA 98337
J. Assignment. Any assignment of this Agreement by the Vendor without the written
consent of the City shall be void.
K. 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.
L. Severability. If any one or more sections, subsections, 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.
M. Entire Agreement. 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.
IN WITNESS WHEREOF, the parties below have executed this Agreement.
VENDOR:
S. Varick Maintenance
By
Pr:
Its
DE
Landscape Maintenance Agreement - 7
CITY:
City of Bremerton
By;
Pri;
Its:
Dal
APPROVED AS TO FORM:
B
Bremerton City Attorney
ATTEST:
D�, ro
"ity Clerk
R:\LcgaftLegal\ContractsTUBLIC WORKS\S. Varick Maintenance GSA for Landscape Maintenance Services - updated 4.28.17.doc
Landscape Maintenance Agreement - 8
AGENDA BILL
CITY OF BREMERTON 5 E
CITY COUNCIL
SUBJECT:
Amendment No. 1 to Goods and Services
Agreement with S. Varick Maintenance for
Landscaping Maintenance and Services
Study Session Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
May 22, 2019
June 5, 2019
PW&U
Wayne Hamilton
(360) 473-5758
SUMMARY: The City is seeking approval to amend the current Goods and Services Agreement with
S. Varick Maintenance to include additional Landscape Maintenance and Services at three (3)
existing locations and add three (3) new City Properties to the service Contract for Landscape
Maintenance and Services. These amendments are proposed to add landscape services to the
Oyster Bay Public Works Center, Manette Bridge East Side/Lower Park boundary and at the
Farragut Avenue intersection landscape areas. The new city property landscape locations are the
Downtown parking facility, new landscape at Lebo Blvd. and the Olympus Drive Utilities Building,
ATTACHMENTS: 1) Amendment No.1 for additional locations that require the Vendor's services;
and additional landscape services at existing contracted locations.
FISCAL IMPACTS (Include Budgeted Amount): Total annual cost of contract is $102,236.55 per
year. This amount is included in the 2019 budget.
STUDY SESSION ACTION: 0 Consent Agenda
RECOMMENDED MOTION:
D General Business ❑ Public Hearing
Move to approve Amendment No. 1 of the Good and Services Agreement with S. Varick
Maintenance for additional City locations and additional landscape maintenance and services; and
authorize the Mayor to finalize and execute the agreement with substantially the same terms and
conditions as presented.
COUNCIL ACTION: KjApprove ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/02/2018
AMENDMENT 1 TO
GOODS AND SERVICES AGREEMENT
BETWEEN CITY OF BREMERTON AND S. VARICK MAINTENANCE
This is the first amendment to the contract for Landscape Maintenance and Services entered
into on the twelfth day of June, 2017 ("the Contract"), between the City of Bremerton ("City") and S.
Varick Maintenance, ("Vendor").
Whereas, the City and Vendor entered into the Contract wherein the Vendor provides
landscape maintenance and services to various City facilities; and
Whereas, the City has identified three (3) additional locations that require the Vendor's
services; and
Whereas, the City has identified the need for additional landscape services at three (3) existing
contracted locations; and
Whereas, 3. Compensation not to exceed $7,000.00 per month shall be increased to not to
exceed $9,000.00; and
NOW, THEREFORE, in consideration of the terms and conditions contained herein, the City and
Vendor mutually agree that the Contract is amended as follows:
EXHIBIT "B" BID PROPOSAL:
The following items are amended to add work area, and prices are amended
accordingly:
E. PUBLIC WORKS & UTILITY OPERATIONS
I. MANETTE BRIDGE
L. NAVAL STATION ENTRANCE
The following locations are added to the Contract:
0. DOWN TOWN PARKING FACILITY
P. LEBO BOULEVARD
Q. OLYMPUS UTILITY BUILDING
$ 149.00 Per Visit
$ 150.00 Per Visit
$ 127.00 Per Visit
$50.00 Per Visit
$182.00 Per Visit
$135.00 Per Visit
11. Prevailing Wages,
Is added to the contract: 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.
S. Varick Maintenance GSA Amendment
Exhibit B
BID PROPOSAL
LANDSCAPE MAINTENANCE AND SERVICES
City of Bremerton
A.
Wastewater Lift Stations
$
Per Visit.
*See Frequency Exceptions
B.
East Side Treatment Plant
Per Visit,
C.
Police Department Facilityf
Per Visit.
D.
UV Treatment Facility
Per Visit.
E.
Public Works & Utility Operatioiis
Per Visit.
G. Lillian Walker Storin Water Park
H. Lower Wheaton Way
1. ManetteBridge
Z -
*See Frequency Exceptions
J. Library Building
Z�
K. -Municipal Court Facility
L. Naval Station Entrance
Per Visit.,
Per Visit,,
Per V.isitw` rt-
Per Visit,,�
Per, Visit.
Per Vis it.,
yi Per visit.
Per Visit.
N. Warren Avenue Per Visit,
"Per visit"is equal to spec I fied frequency
*Per visit co sts are not to include Washington State sales tax.
Contractor Name:
Authorized Signature- " 7� -------
Contractor Address
Contractor registration inf'i-,itvianon form must be filled out and acco.nipany these bid proposals,
1.'"vhibif 13 ...i
Exhibit A
SCOPE OF WORK AND DUTIES FOR
LANDSCAPE MAINTENANCE AND SERVICES
The contractor shall provide where applicable the following service tasks per location as
specified.
1. Lawn care, mowing and trimming
2. Edging
3. Fertilization
4. Weed control
5. Insect control
6. Pruning
7. Bed raking
8. Leaf collection
9. Litter control and inspection
10. Irrigation system operation
11. Special site requirements
(Refer to attached specifications for information on each item)
A. Waste Water lift stations: Five (5) different locations
a. CE -1, 1750 Park Avenue.
b. SB -3, 3481 West Belfair Valley Road.
c. CW -1, 2304 19" Street.
d. KL -3, 1457 Cedarwood Drive.
e. OB -2, 1429 Madrona Pt. Drive.
B. East Side Treatment Plant, 2475 Stephenson Avenue.
C. Police Facility: Two (2) different locations
a. Police Department Building, 1025 Burwell Street.
b. Police Department employee parking lot, 1028 Burwell Street.
D. UV Treatment Facility, 8601 W. Belfair Valley Road.
Exhibit A - I
E. Public Works & Utilities Operations, 100 Oyster Bay Avenue N.
F. Fire Station #1, 911 Park Avenue.
G. Lillian Walker Storm Water Park.
H. Lower Wheaton Way: Three (3) different locations.
a. East 18th Street, Marlow Street at Wheaton Way. Both sides of the street.
b. Lower Marlow Street at Wheaton Way
c. Winfield Street at Wheaton Way Both sides of the street.
1. Manette Bridge: Two (2) different locations.
a. West Side Bridge.
b. East Side Bridge.
J. Library Building, 612 5th Street.
K. Municipal Court Facility, 550 Park Ave.
L. Naval Station Kitsap entrance landscape area and intersection/crosswalk landscape
islands at Farragut Avenue.
M. Adele Avenue at Kitsap Way, both sides of the street.
N. Warren Avenue at 11th Street and 12th Street both areas on West side of Warren Avenue.
Exhibit,4 - 2
SPECIFICATIONS
General:
A. All interested bidders are strongly encouraged to attend a site visit to ALL locations to
familiarize themselves with the scope of work, service specifications and extent of the
area to be maintained by this contract. Some of these are secure and restricted access
areas. Please call the city's representative to set up an appointment to view these
locations and service areas as needed for landscape maintenance.
B. Washington State prevailing wage rates may apply to this service contract. For more
information, and State determinations go to: http://www.Ini.wa.gov/pervaiIingwag_e
C. City key assignment and site access:
1. City provided keys will be issued and become the responsibility of the landscape
contractor. No duplication of city keys is permitted. Transfer or loan of assigned city
keys by authorized key holders to individuals not authorized to hold such keys is not
permitted. Improper use of keys, loss of keys, leaving secure areas open and
unattended or allowing unauthorized access to restricted/secure sites may result in
loss of key privileges, and possible loss of contract.
2. Site access is allowed only for the purpose of landscape maintenance and services and
is only for the contractor and assigned employees. Secure and restricted sites must be
protected from unauthorized access and trespassing when serviced by contractor.
Report any suspicious persons or activities immediately to the city's representative.
3. Sensitive areas: Some of the locations are of sensitive nature to the operations and
workings of The City of Bremerton Utilities Department. Report any damages that
may occur to any structure, piping, fencing or other infrastructure of the locations to
the city representative immediately.
D. Insurance Requirements:
a. Before beginning work the contractor shall provide a certificate of insurance
evidencing:
• Automobile Liability Insurance
• Commercial General Liability Insurance
b. Additional information on the insurance requirements and coverage limits, can be
obtained by contacting the city's representative.
Exhibit A - 3
SPECIFICATIONS
Maintenance Services:
1. Lawn Care (Mowing and Trimming)
Lawns shall be maintained in a healthy growing condition by furnishing necessary
services including the following:
1. Mow all turf grass areas once weekly March 1 through October 31. All litter is
removed prior to mowing to avoid shredding.
2. Mow all sites "as needed" between November 1 to February 28, depending on
weather during winter months.
3. General turf areas will be mowed at a height of two inches. Aeration to be provided
2 to 4 times annually.
4. Clippings will be swept or blown free from sidewalks, porches, and pathways after
each mowing.
5. Trimming around trees and shrubs shall be performed using herbicides, hand labor, or
edger as needed.
6. Take necessary precautions while operation around trees and plantings with
equipment and hand tools to prevent tree and plant damages.
7. Leaves and storm debris will be blown bi-monthly during winter months.
8. Sidewalks and entryways are to be blown off on same schedule as mowing. Taking
special care not to blow dirt and debris onto Streets, buildings, or into storm water
drains.
2. Edging
1. Edging of all accessible sidewalks, pathways, and concrete/asphalt edges will be done
every week and bed edges every other week. Edging will be done on an "as -needed"
schedule during winter months.
2. Dirt and debris from edging operations shall be removed and areas swept or blown
clean, taking special care not to blow debris or dirt onto buildings.
3. Fertilization
1. Turf fertilization will provide the equivalent of four to six pounds of nitrogen per
1000 square feet per year in no less than four applications.
2. Trees and shrubs will be fertilized twice yearly using granular fertilizer for bed plants
and plant tabs for trees growing in turf. All fertilizers to be E.P.A. approved and
applications to be done during spring and fall seasons.
3. Apply Lime at specified rates based on soil sample results to all turf areas.
4. Apply a minimum of four (4) fertilizer applications annually. Contractor to provide
the City with a fertilizer program annually including type, amount, location of
application and date applied.
Exhibit A - 4
4. Weed Control
1. Broad leaf weeds may be controlled with herbicides provided the product used is
E.P.A. approved and applied by a licensed applicator. All applications shall be posted
and recorded in compliance with all regulatory requirements. Herbicides to be E.P.A.
approved and consistent with the city's vegetation management plan.
2. Keep beds weed free on a rotations parcel basis by hand weeding with supplemental
contact and pre -emergent herbicides applied per manufacturer's recommendation as
conditions permit. Herbicides to be E.P.A. approved.
3. Hand weed, till and rake planting beds each time contractor is on premises and will
keep to a bed rotation schedule.
4. Contractor shall provide proof of appropriate applicator licensing along with a copy
of all required application records to the City's representative for review.
5. Insect Control
1. Report any significant insect infestations to the City's representative immediately
upon discovery.
2. All approved and agreed upon insect control actions will be considered as "extra
services" and planned accordingly.
6. Pruning
1. Prune trees to maintain desired shape, balance, and space limitations.
2. Prune deciduous trees during winter dormancy. Prune evergreen trees in early
summer or as needed.
3. Trim shrubs to maintain desired shape and function as needed to provide a neat, trim
appearance.
7. Bed Raking
Beds will be raked where no ground cover exists to maintain a fresh appearance.
8. Leaf Collection
Leaves shall be removed from the site to maintain a neat and clean appearance.
9. Litter Control and Inspection
During each visit all areas will be inspected and all litter and debris and all improprieties
will be reported to the City representative.
10. Irrigation Operation
1. All automatic irrigation controllers will be set to operate when most convenient. All
controllers will also be adjusted for proper watering time to insure maximum turf and
plant development.
Exhibit - 5
2. Sprinkler heads will be checked regularly during the growing season to maintain
proper coverage and operation.
3. Valves and valve boxes will be maintained for proper operation and accessibility.
4. Systems will be checked monthly to ensure watering efficiency until in rhythm with
summer.
5. Irrigation rates to be minimal to prevent water waste.
11. Special Site Requirements
I . At location G. there are storm water collection structures that require special
attention when performing landscape maintenance and services.
a. Remove any litter or trash from detention areas and rain gardens.
b. Lightly trim vegetation within these areas only when required for maintenance
access or encroachment into lawn or sidewalk areas.
c. Report any abnormal storm water puddling or discharges to City's
representative.
d. For additional information on the City's storm water management plan or
maintenance of these structures contact the City's representative.
2. At location H. there are trees that require "Dry Water" applications, City to
provide "Dry Water" product to apply per manufacturers recommendations.
Extra Services
Extra services, other than those services listed, may be required at various locations. An
estimate will be requested of the landscape services contractor to provide material and
labor pricing for the additional services. All extra services will be negotiated and
approved by the City's representatives or his/her designee, before additional work begins.
All extra services will be charged to the City of Bremerton separately from the regular
landscape maintenance and services billing.
2. Extra services may include:
a. Irrigation repair.
b. Irrigation system blowout and winterization.
c. Replacement of dead plants and tree plantings to be consistent with the city's
standards.
d. Replacement of beauty bark or rock.
e. Removal of major storm debris.
f. Power raking or thatching.
g. Additional fertilization.
h. Insect infestation control.
i. Pressure cleaning of landscape rocks, and gravel areas.
j. Shrub replacements.
Exhibit A - 6
k. Landscape design, tree planting design services. To be consistent with the city's
standards.
1. Irrigation system installations.
Service Requirements:
1. Each location will be maintained and serviced as specified in the Scope of Work and
Duties, as required per frequencies as specified.
NOTE: "Per Visit" costs are equal to specified frequencies.
2. Landscape maintenance and services billing will be monthly and will be for individual
locations A. through N.
3. The City of Bremerton will have the option to add other locations to this contract, if
needed, pending a negotiated addendum and contractor's consent and ability to provide
additional services. Deletion of sites and services may also occur with good cause.
4. Supervisory duties are required quarterly to ensure control, employee performance and to
advise owner of additional required landscape services, changes or alterations.
5. All landscape maintenance and services will be performed during normal work days and
between the hours of 9:00 am to 6:00 pm. Weekend work, holiday or extended hours of
work will be allowed only by authorization of the City's representative.
6. All landscape maintenance and services will be performed to the level of industry
standards and generally accepted landscape practices and procedures.
7. The landscape contractor shall take precautions to prevent the possibility of injury or
damage to any City employee personal property and City property located at the service
sites.
8. All requested estimates/invoices for any extra services will be at no additional charge to
the City of Bremerton.
9. It will be the service contractor's responsibility to ensure that all locations are secure at
the end of work or at any time the site is left unattended by the contractor.
Site Service Frequencies
1. Landscape maintenance and service frequencies will be monthly or as described in
specifications.
2. Frequency exceptions.
Site A: One (1) Wastewater lift station: OB -2 will be serviced once every two (2) months.
Site I: Manette Bridge: East and West will be serviced every two (2) months.
Exhibit A - 7
City Contact hist:
A. Chris Mottner, Inventory/Facilities Supervisor -City Representative
Phone: (360) 473-2316 Email: chris.mottnerir!ci.bremerton.wa.Lis
B. Joe Stansbery, Lead Facilities Service Specialist -City Representative
Phone: (360) 473-5335 Email: joc.stansberyii'ci.bremerton.wa.0
C. Customer Response Dispatcher (24 hour message phone)
Phone: (360) 473-5920
Term:
A. Services will be for a five (5) year period, beginning upon formal award of contract.
B. An additional two (2), two (2) year extensions may be offered and negotiated by both
parties, with rates adjusted to compensate for increases to cost of living rates.
C. All service contract extensions are to be approved by the Public Works & Utilities
Director, after annual reviews and performance evaluation.
Additional Sites Reauirina Landscane Maintenance and Services
A. Additional landscape areas and locations may be added to this service contract. All new
additions will be reviewed, scope of services determined, and increases negotiated by
contractor and city representative.
B. Any and all additional services that become routine landscape maintenance and services
will be added to the City's existing contract by amendments, and all specifications that
apply to the new location will become effective on date of agreed upon start of service.
Exhibit A - 8
This document will become a supplement to the contract and all provisions will apply here to.
All other terms of the Contract not specifically amended herein shall remain in full force and
effect.
IN WITNESS WHEREOF the parties hereto have executed this Amendment the date and year
indicated.
S. VARICK MAINTENANCE
k 4�2�
Print Name:7/ L,41f-
Its: Q/L�.1,L41i;r—
CITY OF BREMERTON
Mayor Greg Wheeler
APPROVED AS TO FORM:
City Attorney, Roger Lubovich
DATE:_ (0 ' LY '
DATE: - 2-oig
ATTEST:
1
WoodsCity Clerk, Angela
S. Varick Maintenance GSA Amendment
"I'v c
BREMERT
Public Works and Utilities Department
100 Oyster Bay Ave. N. • Bremerton, WA 98312 ■ (360) 473-5920 • FAX (360) 473-5360
Mr. Shawn Varick
S. Varick Maintenance
3530 Old Belfair Highway #45
Belfair, WA 98528
Date: October 19, 2020
Re: Contract #5695 — Notice of Termination
Mr. Varick:
This letter will provide formal Notice of Termination of the above- referenced Service Contract
between S. Varick Maintenance and the City of Bremerton for landscape services and
maintenance to be effective December 31, 2020. You were notified multiple times of poor services
and lack of adequate landscape maintenance at many contract sites and properties. Despite being
given multiple opportunities to bring your performance up to specifications required by the contract,
you have been unable to do so. Therefore, this contract is terminated for cause, pursuant to
Paragraph 5. TERMINATION.
You are hereby advised to cease any and all further performance of the services contract on or
before the termination date of December 31, 2020 and to turn over any City of Bremerton keys
and property to the City of Bremerton's representative on or before that date.
We regret having to terminate this service contract with your company and wish you the best
moving forward with your business.
Sincerely,
Thomas Knuckey, Director of Public Works & Utilities
cc:
Melinda Monroe, Contracts Administrator
Mychael Raya, Assistant City Attorney
Wayne Hamilton, Utilities Operations Manager
Facilities — Services Contracts File
Working for and with our citizens to establish Bremerton as Puget Sound's most beautiful and livable waterfront city
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