HomeMy WebLinkAbout5247AGENDA BILL
CITY OF BREMERTON 5 ECITYCOUNCIL
SUBJECT: Study Session Date: May 22, 2019
Amendment No. 1 to Goods and Services COUNCIL MEETING Date: June 5, 2019
Agreement with S. Varick Maintenance for Department: PW&U
Landscaping Maintenance and Services Presenter: Wayne Hamilton
Phone: (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: I] Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
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: kt Approve Deny Table Continue No Action
Form Updated 01/02/2018
Contract Number: 5247
Vendor: S. VARICK MAINTENANCE
Subject: GSA-Landscape Maintenance & Services
Department: Facilities
File Class: GS50-01-11 Rev. 3 General
Begin Date: 5/1/2013
End Date: 4/30/2016
Review Date:
Vault Date: 2016
Comments: CO #1 6/21/13; Amendment #3 7/6/15
AMENDMENT 3 TO
GOODS AND SERVICES AGREEMENT
FOR LANDSCAPE MAINTENANCE AND SERVICES
This is an amendment to the contract for landscape maintenance and services
entered into on the 17th day of May, 2013 ("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 an additional location, Manette Bridge—East
Side, that requires Vendor's services; and
Whereas, the City has identified a location that should be expanded and requires
Vendor's services; specifically, Pacific Avenue from 6`h to 12�' Street, already identified
in Exhibit A as a Landscape Maintenance Location, should now include 6`h Street to 13`n
Street/Sheldon Boulevard; and
�
Whereas, the City has identified additional landscaping services needed for the
Public Works &Utilities Operations facility, already identified in Exhibit A as a
Landscape Maintenance Location; and
Whereas, the parties wish to amend the Contract under Section 10.K to add the
Manette Bridge - East Side as a Landscape Maintenance Location, to expand the Pacific
Avenue location to include 6th Street to 13`�' Street/Sheldon Boulevard as a Landscape
Maintenance Location, and to increase the monthly fee for services at the Public Works
& Utilities Operations facility.
NOW,THEREFORE, in consideration of the terms and conditions contained
herein, the City and Vendor mutually agree as follows:
1) Exhibit A is modified to include Manette Bridge— East side as a Landscape
Maintenance Location;
2) Exhibit B is modified to include Manette Bridge—East Side in an amount of
$120.00 per month;
3) Exhibit A is modified to include Pacific Avenue from 6`h Street to 13`h
StreetlSheldon Boulevard as a Landscape Maintenance Location;
4) Exhibit B is modified to include Pacific Avenue from 6th Street to 13�h
Street/Sheldon Boulevard in an amount of$480.00 per month;
5) Exhibit B is modified to increase the Public Works &Utilities Operations
facility monthly fee to $665.00 per month to provide for increased service
area at that location; and
6) Paragraph 3 of the Contract is modified to replace "$3,000.00 per month"with
"3,500.00 per month."
1
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This document will become a supplement to the Contract and all provisions will
apply hereto.
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
, �' �7 /�
Print Name � � �1? ' �� G Date
Its Q/'.Q� o�,�'r�
�—�
CITY OF BREMER'TON
� 0 oG /�
Patty Lent ayor Date,
Approved as to form:
,
Roger A. Lubov' , 'ty A ey
Received for filing
Shannon Corin, City Clerk
R:\Legal�i,egal\Contracts�PUBLIC WORKS�Amcndmcnt No.3 to Landscaping Services Agreement.doc
2
Contract Number: 5247
Vendor: S. VARICK MAINTENANCE
Subject: GSA-Landscape Maintenance & Services
Department: Facilities
File Class: LEG 12-1
Begin Date: 5/1/2013
End Date: 4/30/2016
Review Date:
Vault Date: 2016
Comments: CO #1 6/21/13; CO #2 12/1/14
AMENDMENT 2 TO
GOODS AND SERVICES AGREEMENT
FOR LANDSCAPE MAINTENANCC AND SERViCES
This is an amendment to the contract for landscape maintenance and services
entered into on the 17th day of May, 2013 ("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�as identified one additional facility that requires Vendor's
services; and
Whereas, the City has identified additional landscaping services needed for the
UV Treatment and Police Department facilities already identified in Exhibit A as
Landscape Maintenance Locations.
Whereas, the parties wish to amend the Contract under Section 10.K of the
Contract to add Pacific Avenue from 6`h Street to 12`�' Street as a Landscape Maintenance
Location and to increase the monthly fee for services at the UV Treatment Facility and
the Police Department Facility.
NOW, THEREFORE, in consideration of the terms and conditions contained
herein, the City and Vendor mutually agree as follows:
1) Exhibit A is modified to include Pacific Avenue from 6`�' Street to 12`�' Street
as a Landscape Maintenance Location;
2) Eahibit B is modified to include Pacific Aventie, 6`�' Street to 12`�' Street in an
amount of$400.00 per month;
3) Exhibit B is modified to increase the UV Treatment Facility monthly fee to
$200.00 per month to provide for increased service area at that location;
4) Exhibit B is modified to increase the Police Department Facility monthly fee
to $130.00 per month to provide for increased service area at that location;
and
5) Paragraph 3 of tlle Contract is modified to replace "$2,500.00 per month" with
"3,000.00 per month".
This document will become a supplement to the Contract and all provision will
apply llereto.
All other terms oF the Contract not specifically amended hecein shall remain in
full force and effect.
I
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� IN WITNESS WHERE()F the parties l�ereto llave executed tl�is Amendment the
date a d year indicated.
S. VA�RICK MAINT�NANCF
� .
' /��, � 1
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Print Name C �L Date
Its ���:�_�,Q��
CIT�OF BREMERTON
� � /�--�/- ��-
Patty Le , ayor - Date
Approved as to form:
/
Roger A. Lubovich Ci y Attor ey
Received for filing
�
Shannon Corin, City Clerk
R\Legal\Legal\Contracts\PUf3LIC 1b'ORKS\Amcnclment No. 2 ro Landscaping Services Agr�cmait.doc
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Contract Number: 5247
Vendor. S. VARICK MAINTENANCE
Subject GSA - Landscape Maintenance & Services
Department Facilities
File Class: LEG 12 -1
Begin Date 5/1/2013
End Date* 4/30/2016
Review Date
Vault Date 2018
Comments. CO #1 6/21/13
AMENDMENT 1 TO
GOODS AND SERVICES AGREEMENT
FOR LANDSCAPE MAINTENANCE AND SERVICES
This is an amendment to the contract for landscape maintenance and services
entered into on the 17th day of May, 2013 ( "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 one additional facility that requires Vendor's
services, and
Whereas, the parties wish to amend the Contract under Section 10 K of the
Contract to add Manette Bridge, West Side as a Landscape Maintenance Location under
the Contract
NOW, THEREFORE, in consideration of the terms and conditions contained
herein, the City and Vendor mutually agree
1) Exhibit A of the agreement is modified to include Manette Bridge, West Side
as a Landscape Maintenance Location,
2) Exhibit B is modified to include Manette Bridge, West Side in an amount of
$157 50 per month and to increase the grand total amount to $2,442 50
This document will become a supplement to the Contract and all provision will
apply hereto
All other terms of the Agreement 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
frrnk Name `-/ C Date r /
Its
1
CITY OF BREMERTON
Patty Lent, 01or Date
Approved as to form
—�. /W �r
Roger A tubovich, City Attorney
Received for filing
s
Shannon Corm, City Clerk
R \Legal \Legal \Contracts\PUBLIC WORKS\Amendment No 1 to Landscaping Services Agreement version 2 doc
2
t �
Contract Number:
Vendor:
Sub�ect:
Department:
File Class:
Begin Date:
End Date:
Review Date:
Vault Date:
5247
S. VARICK MAINTENANCE
GSA-Landscape Maintenance & Services
Facilities
LEG 12-1
5/1/2013
4/30/2016
2018
Comments :
T R14N S ii� IT1'14L
C/tyC/erk/ Shannon L Conn
shannon.corin�ci.bremerton.wa.us
June 1, 2013
S Varick Maintenance
431 NE Blacksm�th Drive
Belfair WA 98528
RE: Goods and Services Agreement
Landscape Maintenance and Services
I have enclosed your fully executed copy referenced above
S rely, -
S nnon L Corin
City Clerk
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Enclosure
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Te1360-473 5323�, � f ,� r'` , , ,�
Far 360-4735200' n ,� , ' r
345 6th` SVeet; Su�te 600, }�
Bremerton;WA�98337- L�
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cc. File
F��no�coa� s�RV��ea
GOODS AND SERVICES AGREEMENT
THIS AGREEMENT, �s entered �nto between the Crty of Bremerton, a Washmgton Mumcipal Corporation ("City"), and S Vanck
Mamtenance ("Vendor"), whose mailmg address is 431 NE Blacksmith Drive, Belfair, WA 98528
The parties agree as follows
VENDOR SERVICES. The Vendor shall provide the followmg goods and materials and/or perform the followmg serv�ces for
the City
SCOPE The vendor agrees to perform the services more specifically described in the scope of work and dut�es, including any attachments
thereto, attached hereto as Exhibrt A, which is u►corporated by reference herem The scope of work and duties may be mod�fied only
pursuant to sect►on 10 K of this agreement Ifthe scope of work and duties provides for unspecified additional services, such services shall
only be performed upon the express written request of the c�ty Vendor further represents that the services furnished under this agreement
w�ll be performed m accordance with generally accepted profe$ional practices m effect at the time such services are performed
2 TIME OF COMPLETION. The term ofth�s agreement shall commence on May 1, 2013 and will terminate on Apr�l 30, 2016,
unless terminated earl�er pursuant to this agreement The part�es may enter mto two extensions of two-year terms per extension upon mutual
consent of the parties
3 COMPENSATION The C►ty shall pay the Vendor in an amount not to exceed $2,500 00 per month Vendor shall bill for
serv�ces at the specific monthly rates, attached hereto as Exhibrt B, B�d Proposal, wh�ch �s tncorporated by reference here�n
Vendor shall submrt regular billmg statements describing work performed and amount charged forlandscape maintenance and
serv�ces The descriptions shall conform to and fall wrthm the categor�es set out m the Scope of Services Upon recetpt of a conformmg
billing statement, the City shall promptly process the payment
Vendor shall not perform work beyond the Scope of Services and Dut�es, nor shall vendor be compensated for such work, unless
the Scope of Serv�ce and Duties or amount of compensation �s modified pursuant to this Agreement Vendor shall only be compensated for
additional services �f requested pursuant to Section 10 K and, �f not otherwise provided, such compensation shall be �n accordance with this
Sechon
If a b�llmg statement does not conform to this Agreement, the City may withhold payment unt�l the statement is brought �nto
compl�ance Such wrthholdmg does not relieve vendor of rts obligationsunder this Agreement
4 [NDEPENDENT CONTRACTOR Contractor is and shall be at all times actmg as an independent contractor and not as an
employee of the C�ty The Contractor shall secure at rts expense, and shall be responstble for all payments of income tax, social securrty,
state d�sability insurance compensation, unemploymentcompensation, and all other payroll deductions for the Contractor, officer, agents,
employees and sub-contractors The Contractor shall also secure all applicable busuiess licenses, if � equu ed, m connechon with the contract
services, mcludmg all requ�red l�censes for Contractor's officers, agents, employees and subcontracto�s
5 TERMINATION Either party may termu�ate this ag�eement by 34days written notice to the other party
The City may terminate this Ag�eement for good cause "Good cause" shall include, without Innrtation, any one or moie of the
followin� events
A The Vendo�'s iefusal o� tailiue to supply � sufticient numbei of piopeil� sl.illecl woikeis foi wmplehon c�f ihis
A��i eement
I ��n�l��arc M�iin��n�in�� <in�i 5u� i���
13�u���n lh� C il� UI I31lllllllUll c� � V,u i�l. �l,�int�nan��
B The Vendor's fa�lure to make full and prompt payment to subcontractors or for matenal or labor
C The Vendor's fa�lure to complete with federal, state or local laws, rules or regulations
D The Vendor's filmg for bankruptcy or becommg ad�udged bankrupt
If the City termmates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement
until the services requ�red by this Agreement are completed and fully performed
6 CHANGES The C�ty may issue a wr�tten 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 subm�t a written ch�ge order
request to an authorized agent of the City withm fourteen (14) calendar days of the date Vendor knew or should have known of the facts and
events g�vmg rise to the requested change If the C�ty determines that the change mcreases or decreases the Vendor's costs or time for
performance, the C�ty will make an equitable ad�ustment The City will attempt, m good fa�th, to reach agreement with the Vendor on all
equ►table ad�ustments However, if the parties are unable to agree, the Ciry will determme the equitable ad�ust►nent as it deems appropriate
The Vendor shall proceed w�th the change order work upon receivmg erther a written change order from the City or an oral order from the
City before actually rece�ving the written change order If the Vendor fa�ls to requ�re a change order withm the time allowed, the Vendor
waives �ts r�ght to make any claim or subm�t subsequent change order requests for that port�on of the contract work If the Vendor d�sagrees
with the equ�table ad�ustment the Vendor must complete the change order work, however, the Vendor may elect to protest the ad�ustment as
provided below
A Procedure and Protest bY the Vendor If the Vendor d�sagrees with anythmg required by a change order, another written
order, or an oral order from the C�ty, includmg any direction, mstruction, mterpretation, or determmat�on by the Ciry, the
Vendor shall
Immediately grve a signed written notice of protest to the C�ty,
Supplement the written protest w�thm fourteen (14) calendar days with a written statement that prov►des the
followmg mformat�on
a The date of the Vendor's protest
The nature and circumstances that caused the protest
The provisions m this Agreement that support the protest
The estimated dollar cost, if any, ofthe protested work and how that est�mate was determmed
An analysis of the progress schedule showmg the schedule change or d�sruption if the Vendor �s
asserting a schedule change or disrupt�on
The Vendor shall keep complete records of extra costs and t�me mcurred as a result of the protested work The
C�ty shall have access to any of the Vendor's records needed for evaluating the protest
The City will evaluate all protests, prov�ded the procedures �n this section are followed if the Crty deteimines that a
protest is valid, the Crty will ad�ust payment for work or time by an equrtable ad�ustment No ad�ustment will be made
for an mvalid protest
B Vendor's Duty to Complete Protested Woi k In spite of any p�otest, the Vendoi shall proceed piomptly to provide the
�oods, mate� ials and services iequiied by the City under this A;ieement
C Vendor's Acceptance of Changes The Vendoi accepts all iequnements of a chan�e oidei by (I) endoising it, (2)
wi itm� a sepaiate a�ceptance oi (3) not piotestm� in �he �va� this sechon piovides A change oidei that is accepted bv
Vendoi as pi��videcl in this 5echon Shall cunslitutc lull pavment �incl tin�il set(leinenl uf �ill cl�ims loi contiact lime and Ic�i
I,in�l5��i��� ��l�iinl�nan�� inil 5�i�i��� I��I���ui th� C.il� ��� 13i�mut��n �� � V,iii�l. �I�iint�n�in��
d�rect, mdirect and consequential costs, includmg costs of delays related to any work, either covered or affected by the
change
D Fa�lure to Protest Constitutes Wa�ver By not protest�ng as thts section provides, the Vendor also waives any addit�onal
entitlement and accepts from the City any writta� or oral order (including direct►ons, mstruct►ons, interpretations, and
determinat�on)
E Fa�lure to Follow Procedures Constitutes Waiver By failmg to follow the procedures of this section, the Vendor
completely waives any cla�ms for protested work and accepts from the City any written or oral order (includmg
directions, mstructtons, mterpretat�ons, and determ�nation)
7 CLATMS The Vendor shall g�ve wr�tten notice to the C�ty of all claims other than change orders withm fourteen (14) calendar
days of the occurrence of the events grving r�se 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 warved by the Vendor unless a timely written
claim is made �n str�ct accordance with the appl�cable provis�ons of th�s Agreement, or, �f (and only � fl no such provis�on is applicable,
unless that cla�m is set forth m detail m wrrtmg and recerved by the City wrthm seven (7) calendar days from the date Vendor knew, or
should have known, of the facts givmg rise to the cla�m At a mmimum, a Vendor's written claim must ►nclud8he information set forth
regardmg protests m Sect�on 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, m any event, file any claim or brmg any suit aris�ng from or connected with this Agreement wrthm 120 calendar days
from the date the contract work is complete
8 INDEMNIFICATION Vendor shall defend, mdemnify and hold the Crty, its officer, offic�als, employees, agents and volunteers
harmless from any and all claims, m�urtes, damages, losses or suits, mcludmg all legal costs and attorney fees, ar�smg out of or m
connection wrth the performance ofthis Agreement Vendor's obligat�on to mdemmfy shall not extend to that portion ofdamages caused by
the C�ty's sole negligence
The C�ty's mspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants
of indemn�ficat�on
Should a court of competent�unsdiction determine that this Agreement is sub�ect to RC W 4 24 1 15, then, in the event of liability
for damages artsmg out of bodtly in�ury to persons o� damages to pi operty caused by or resulting from the concurient neglige�ce of the
Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability heieunder shall be only to the extent of
the Vendor's negl�ge�ce
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS 1NDEMNIFICATION CONSTITUTES
THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, T1TLE 51 RCW, SOLELY FOR THE
PURPOSf S O� THIS INDEMNIFICATION THE PARTIES ACKNOWLEDGE fHAI� THEY HAVE MUTUALLY NEGOTIA 1 I�D
rF-ii� wnivEi�
i,in�i��<i��� �I,iinl�n��n�� <in�l 5�i� iu� li�l����n Ih� C u� ul lii�mulun �� ti V<ui�l. �I�nnl�ndn��
The prov�sions of th�s section shall survive the exp►ration or termination of this Agreement
INSURANCE The Vendor shall procure and matntam for the duration of th�s Agreement, msurance against cla�ms for m�ur�es to
persons or damage to property that may arise from or m connection with the performance of the Contract work by the Vendor, its agents,
representatives, employees or subcontractors
Before beg�nnmg work on the pro�ect described m this Agreement, the Vendor shall provide a Cert�ficate of Insurance evidencing
Automobile Liabilitv insurance with limits no less than $500,000 combmed smgle limit per accident for bodily in�ury and
property damage, and
Commerc►al General Liabilitv msurance written on an occurrence bas�s w�th limits no less than $1,000,000 combmed
single l�m►t per occurrence and $2,000,000 aggregate for personal m�ury, bodily in�ury and property damage Coverage
shall mclude but not be limited to blanket contractual, products/completed operations/broad form property damage, and
employer's I�abil�ty
Any payment of deduct�ble or self msured retention shall be the sole re�onsibility of the Vendor
All requ�red policies shall be prov�ded on an "occurrence" bas►s except profess�onal hability msurance (�f requ�red), which shall be
provided on a "claims-made" bas�s
The C�ty shall be named as an additional msured on the Commercial General Liability msurance policy, as respects work
performed by or on behalf of the Vendor and a copy of the endorsement naming the City as additional ►nsured shall be attached to
the Cert�ficate of Insurance The City reserves the right to receive a certified copy of all the required insurance pol�cies
The Vendor's Commercial General Liabil�ty msurance shall contam a clause stating that coverage shall apply separately to each
insured agamst whom claim �s made or suit is brought, except wth respects to the hmrts of the insurer's liabilrty
The Vendor's msurance shall be primary �nsurance as respects the C�ty and the City shall be given thirty (30) days pr�or written
notice by certified ma�l, return receipt requested, of any cancellat�or� suspension or matenal change in coverage
The City also reserves its unqual�fied right to require at any time and for any reason, proof of coverage �n the form of a duplicate
of the insurance pol�cy w�th 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 Vendoi, by this ag�eement,
ass�gns any payments due under this contract to the Crty Clei k for payment of such taxes wh�ch have been declared
delinquent
B Conflict and Precedence fn the event of a conflict behveen the cond act documents, the document wh ich i ates h ighei on
the following list shall take piecedence
Addenda, if any,
Conti act,
Scope ot Woil< � Dulies (I �hibit A)
Bid I'iuposal (Ethihil l3)
I.in�l��,i��� �I�inil�n.in�� ,�nJ tiu�iu� l;�l���ui Ili. �il� �ii 13i�mulnn R ti V�ui�l� �I.imi�n,in��
C
Documents Incorporated by Reference The following documents are mcorporated by reference, to mclude, but not be
limited to
Scope of Work & Dut►es
7
E
F
G
W
k
2 B�d Proposal
Nond�scr�m�nation In the hirmg of employees for the performance of work under this Agreement the Vendor, its
subcontractors, or any person actmg on behalf of Vendor shall not, by reason of race, rel�gion, color, sex, sexual
orientation, national ongm, or the presence of any sensory, mental, or physical disabihty, discnminate against any person
who is qualified and available to perform the work to which the employment relates
Compliance with Laws Vendor shali comply with all federal, state and local laws, rules and regulations throughout
every aspect m the performance of th�s Agreement
Work Performed at Vendor's R�sk Vendor shall take all precautions necessary and shall be responsible for the safety of
its employees, agents, and subcontractors m the performance of this Agreement All work shall be done at Vendor's own
r�sk, and Vendor shall be responsible for any loss of or damage to mater�als, tools, or other articles used or held for use m
connection w�th the work
Govern►n� Law This Agreement shall be governed and construed m accordance w�th the laws of the State of
Washmgton If any d�spute arises between the C�ty and Vendor under any of the prov�s�ons ofthis Agreement, resolution
of that dispute shall be available exclus�vely under the�urisdiction, venue and rules of the K�tsap County Superior Court,
Kitsap County, Washington
Attorney's Fees In any claim or lawsuit for damages ar�smg from the part�es' performance of this Agreement, each party
shall be responsible for payment of its own legal costs and attorney's fees mcurred m defendmg or brmgmg such claim or
lawsu�t, however, nothtng m this subsection shall lim�t the City's right to mdemnificat�on under Section 9 of this
Agreement
Wrrtten Notice All communicahons regarding th►s Agreement shall be sent to the parties at the addresses listed below,
unless otherw�se notified Any written not�ce shall become effective upon del�very, but m any event three (3) calendar
days after the date of ma�ling by registered or certified mail, and shatl be deemed sufficiently g�ven if sent to the
addressee at the address stated m this Agreement
Nottces to be sent to
VENDOR
Attn Shawn Var►ck
Owner/O�erator
S Vanck Mamtenance
431 Blacksmith Dnve
Belfair, WA 98528
Notices to be sent to
CITY
Attn City Clerk
C�ty of Bremerton
345 6`�' Street, Suite 600
Bremerton, WA 98337
AssiQnment Any assignment of this A�ieement by the Vendoi �vithait the �vi rtten consent of the City shall be void
Modification No w��ivei �ilteiation oi mudilic.ation ol ,in�� c�f the pi��visions c�fthi5 ���iecment shall be bmdin� UIIIISti IIl
I.inil,��y�� I�I,unlui,in« ,incl Su� i��� 13�i���ui ih� � it� nl Iii�m�ii�,n �� ti\�,u i�l. �I�iinlui�in��
writ►ng and s�gned by a duly authorized representative of the City and Vendor
L Severabilitv If any one or more sections, sub-sections, or sentences of this Agreement are held to be unconstituhonal or
mval�d, that decis�on shall not affect the validity of the remaining port�on of this Agreement and the remainder shall
remain m full force and effect
M Ent�re 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 formmg a part
of or altermg m any manner this Agreement This Agreement and any attached Exhibits contain the ent�re Agreement
between the parties Should any language �n any Exhibrt to this Agreement confl�ct wrth any language conta�ned m this
Agreement, the terms of th�s Agreement shall prevail
IN WITNESS WHEREOF, the parties below have executed th�s Agreement
VENDOR CITY
` Crty of Bremerton
By I/ � ��/ ' � gy
Print Name �f��� �fL .e.�G Prr.
Its Its
Date , Da
APPROVED AS TO FORM
.
By
r' �
Bremerto C�ty Attorney
ATTEST
By
City Clerk
R\Legal\Legal\Contracts\PUBLIC WORKS\GSA Landscape Ma�nt Services 2013 Agreement doc
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Exhibit A
SCOPE OF WORK AND DUTIES FOR
Landscape Maintenance and Services
The contractor shall arovide where aoplicable
A Lawn care, mowing and trimming
B Edging
C Fertilization
D Weed control
E Insect Control
F Pruning
G Bed Raking
H Leaf collection
I Litter controi and inspection
J Irngation system operation
(Use specification sheets for mformation on each itemj
Locations•
A Waste Water L�ftstations (Four (4) 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 Dnve
B Eastside treatment piant, 2475 Stephenson Avenue
C Police Department facility, 1025 Burwell Street
D UV Treatment facility, 8601 W Belfair Valley Rd
E Public Works & Utilities Operations, 100 Oyster Bay Avenue N
NOTE All interested bidders are strongly encouraged to attend a site visit to familiarize them with the
scope of work & service locations These are all secure, restricted areas, please call the city's
representative to set up a meeting to view these locatians as needed
SPECIFICATIONS
A Lawn Care (Mowin� and Tnmmin�)
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 Octobe� 31 All litter is removed
prior to mowing to avaid shredding
2 Mow on all "as needed" schedule from November 1 to February 28, depending on weather
dunng wmter months
3 General turf areas will be mowed at a height of two inches Aeration to be provided
4 Clippings will be swept or blown free from sidewalks and patios after each mowing (Back
patios will be every other week)
5 Trimming around trees and shrub5 shall be performed using herbic�des, hand labor, or edger
asneeded
6 Leaves and storm debris will be biown brmonthly during winter months
7 Sidewalks and entryways are to be blown off on same schedule as mowing Taking speaal
care not to blow dirt and debns onto buildings
B Ed m
1 Edging of all accessible sidewalks, patios, and concrete/asphalt edges wiil be done every
week and bed edges every other week Edging wdl be done on an "as-needed" schedule
dunng winter months
2 Dirt and debris from edging operations shall be removed and areas swept or blown clean,
taking speaai care not to blow debris or dirt onto buildmgs
C Fertilization
1 Turf fertilization wiii provide the eqwvalent of four to six pounds of nitrogen per 1000
square feet per year in no (ess than four applications
2 Trees and shrubs will be fertilized twice yearly using granular fertilizer for bed plans and
plant tabs for trees growing in turf All fertilizers to be E P A approved
3 Lime will be applied to all turf areas at a rate of 50 pounds per 1000 square feet to control
PH level
4 There will be fertilizer applications every two months during growing season Starting with
the spring fertilizer in March There will be four appl�cations in a year, or on an as needed
basis
D We ed Contro)
1 Control broad leaf weeds with selective herbiades as needed Herbicides to be E P A
approved
2 Keep beds weed free on a rotations parcel basis by hand weeding with supplemental
contact and pre-emergent herbiades as conditions permit Herbicides to be E P A
approved
3 Hand weed, till and rake pianting beds each time contractor is on premises and will keep to
a bed rotation schedule
E Insect Control
1 An insect control program to prevent minor infestations of turf grass insects will be provided
on an "as needed basrs " Ma�or infestations such as "Cranefly" will be reported to owner
2 Hand spray trees and shrubs as needed to combat minor mfestations Ma�or infestations to
be reported to owner
3 All sprays to be E P A approved
F Prunin�
1 Prune trees to maintain desired shape, balance, and space limitations
2 Prune deciduous trees during wmter dormancy Prune evergreen trees in early summer or
asneeded
3 Tnm shrubs to maintain desired shape and function as needed to provide a neat, trim
appearance
4 Trees to be kept to a maximum height of 25 feet
G Bed Rakm�
Beds will be raked where no ground cover exists to maintain a fresh appearance
H Leaf Collection
Leaves shall be removed from the site to maintain a neat and clean appearance
I Litter Control and Inspection
During each visit all areas will be inspected and all litter and debns and All impropneties wiil be
reported to the owner/representative
1 Irrigation Operation
1 Alf automatic irrigation controllers will be set to operate when most convenient All
controllers will also be ad�usted for proper watering time to insure rnaximum turf and plant
development
2 Sprinkler heads will be checked regularly dur�ng the growing season to mainta�n proper
coverage and operation
3 Valves and valve boxes will be r7iaintained for proper operation and aaessibil�ty
4 Systems will be checked monthly to ensure watering efficiency until in rhythm with summer
Extra Services
1 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 matenal and labor
pricing for the additional services All extra services will be negotiated and approved by the
aty's representatives or his/her designee, before additiona{ work begins All extra services will
be charged separately to the City of eremerton from the regular landscape mamtenance and
services billing
2 Extra services may include
a Irrigation repair
b Irrigation system blowout and wintenzation
c Replacement of dead plantings
d Replacement of beauty bark or rock
e Removal of storm debns
f Power rakmg or thatching
g Additional fertil�zation
h Ma�or insect infestation control
i Pressure cleaning of rock areas
� Sub replacements
k Landscape design
Serv�ce Reauirements:
1 Each location will be maintained and serviced as speafied in the Scope of Work and Duties, as
required
2 Landscape mamtenance and services b�lling wiil be monthly and will be for individual locations
A through E
3 The City of Bremerton will have the option to add other locations to this contract, if needed,
pending a mediated addendum and services contractors' content and ability to provide
add�tional services
4 Superv�sory duties are required quarterly to ensure control, employee performance and to
advise owner of quality and required landscape services, changes or aiterations
5 All landscape mamtenance and services wiii 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 wil� 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 in�u�y or damage to
any city employees, city property located at the service sites
Service Reauirements (conttnuedl•
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 contractors' responsibil�ty to ensure that all {ocations are secure at the end
of work or at any time the site is left unattended by the contractor
Citv Contract List
A Chns Mflttner, Inventory/Facilities Supervisor
Phone (360) 473-2316 Email
B Colen Corey, Lead Faalities Service Specialist
Phone (360) 473-5335 Email
C Customer Response Dispatcher (24 hour message phone)
Phone (360) 473-5920
Term
A Services will be for a three (3) year period, beginning upon formal award of contract
B An additional two (2}, two (2) year extensions may be offered and negotiated by bath parties,
with rates ad�usted to compensate for increases to cost of living rates
C Ail service contract extensions are to be approved by the Pubiic Works & Utilities Director, after
annual review and evaluation
Exhibit F3
: 1 "•'i �
LAIVDSCAPE MAINTENANCE AND SERVICES
Gtv oT 5remerton
A Wastewater Lift Stations
B Eastside Treatment Plant
C Police Department Facility
5 ��� v�: Per Ulonth
S `jC�L ��r.) PerMonth
$ __ �ci UU Per Month
D UV Treatment Fac�lity
E Public VJorks & Utility Operations
GRAND TOTAL AMOUNT
S
�
W
1 �-�'r �� Per IVlonth
µ�%� �-�v Per Nionth
$ ���� ��.-' f'er Month
°All Monthly cost� are to not include Washmgton StatP safPS taY
Contraaor � , �/�:.i,t`i �:� lVjr�.u'i�C.xtLt.t?C.r%. "' �f'l� 1f<�Lt
Firm Name `:� `v l��LI.,Z�G�rI ^.�-
Address ��'�t jl1 t..--�' t3tGl.C:l�.b rYi ���'t �
l�F � (r�€,Vr` � G�f �- '� � G � �5 —
TelephoneNumber �J�i�-��v� �?''�l`�'� Fax ��i7(� ' �'l� � �ft! t
Employer's Identification Number `�1` 1`I ? 3�vy� __
Washington Industriai Insurance Number ��t ,� �' C% � __
Washington State Excise Ta;c Registration Number (UBIj !:�t'i �,j 1?� 4 �
Washington ScatP Contractors Registration fVumber =� ifs'}�-t ��_�'! �! i''�
v1/ashmgton State Contractors Registratic�n Expirat�on Date _`� j s. >/�3 �i
City �f Bremerton Business License NuiYiber ?��> ?��;
i�iOTE Washmgton S�ate prevailing wage iates may apply w this serv�c� rontra�t For more mtormation
and Stare deierminations go �o or call (?6p) �02-5335