HomeMy WebLinkAbout6705 DocuSign Envelope ID:5EA513CF-38E6-4AE6-8ED8-A82BA6B314B1
GOODS AND SERVICES AGREEMENT
THIS AGREEMENT, is entered into between the City of Bremerton, a Washington
Municipal Corporation ("City"), and Ultrablock, Inc. ("Vendor"), whose mailing address is: 815
NE 172nd Avenue, Vancouver, WA 98684.
The parties agree as follows:
I. VENDOR SERVICES. The Vendor shall provide the following goods and materials
and/or perform the following services for the City:
Fabrication and delivery of 54 Ultrablocks to the City of Bremerton property at 1500 Park Avenue,
Bremerton, WA 98337. Blocks will be received for the City by David Dinkuhn of the City of
Bremerton. Costs for freight will be borne by the City and are included in the quotation. See
Exhibit A for blocks to be supplied.
IL TIME OF COMPLETION. Vendor shall complete the work and provide all goods,
materials and services within 30 calendar days from the date all parties have signed this
Agreement.
III. COMPENSATION. The City shall pay the Vendor the total amount of $10,275.72,
including applicable Washington State Sales Tax, for the goods, materials and services
contemplated in this Agreement. Ultrablock, Inc. shall invoice the City for the full contract amount
upon City receipt of the blocks described in this agreement.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment
from Vendor for any defective 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 additional
costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs
and attorney fees, incurred by the City beyond the maximum Agreement price specified above.
The City further reserves its right to deduct the cost to complete this Agreement, including any
Additional Costs, from any and all amounts due or to become due the Vendor.
IV. 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, if required, in connection with the contract services, including all required
licenses for Vendor's officers, agents, employees and subcontractors.
V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause"
shall include, without limitation, any one or more of the following events:
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A. The Vendor's refusal or failure to supply a sufficient number of properly skilled
workers or proper materials for completion of this Agreement.
B. The Vendor's failure to complete this Agreement within the time specified in this
Agreement.
C. The Vendor's failure to make full and prompt payment to subcontractors or for
material or labor.
D. The Vendor's failure to comply with federal, state or local laws,rules or regulations.
E. 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
Agreement are completed and fully performed by the City or a third party of the City's choosing.
VI. 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:
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.
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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 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).
VII. 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 VI(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.
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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.
VIII. WARRANTY. The Vendor shall correct all defects in workmanship and materials within
one year from the date of the City's acceptance of the contract work. When defects are corrected,
the warranty for that portion of the work shall extend for one year from the date such correction is
completed and accepted by the City. The Vendor shall begin to correct any defects within seven
(7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not
accomplish the corrections within a reasonable time, the City may complete the corrections and
the Vendor shall pay all costs incurred by the City in order to accomplish the correction.
IX. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers,
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.
X. 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:
A. Automobile Liability insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
B. Commercial General Liability insurance written on an occurrence basis with
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limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for
personal injury, bodily injury and property damage. Coverage shall include but not be limited to:
blanket contractual; products/completed operations/broad form property damage; and employer's
liability.
C. Excess Liability insurance with limits not less than $1,000,000 limit per
occurrence and aggregate.
D. Professional Liability insurance with limits no less than $1,000,000 limit per
occurrence/claim.
E. 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.
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 and non-contributory 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
100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change
of any insurance policy required 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.
XI. MISCELLANEOUS.
A. Licenses and Taxes. Vendor shall possess a current Bremerton Business License
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and any regulatory license required to fulfill Vendor's obligations under this Agreement. B&O
taxes shall be paid when due, and Vendor, by this Agreement, assigns any payments due under
this Agreement 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. Amendments/ Change Orders to Goods and Services Agreement
2. Goods and Services Agreement
3. Specifications
4. Terms and Conditions
5. Vendor's Proposal
C. Documents Incorporated by Reference. The following documents are incorporated
by reference, including but not limited to:
1. Terms and Conditions,
2. Specifications,
3. Proposal, and
4. Non-Collusion Affidavit.
D. Use of Photographs and Images. Vendor shall not use or distribute photographs or
images depicting City officials, personnel, property, or equipment whether prepared by Vendor or
provided by City without prior written consent of the City. The City will not unreasonably
withhold its consent.
E. Equal Employment Opportunity Statement. 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 discriminate in any employment practice on the basis of age (40+),
sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military
status, or the presence of any physical, mental or sensory disability.
F. ADA Statement. The City of Bremerton does not discriminate on the basis of
disability in programs and activities, which it operates pursuant to the requirements of the
Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both
employment and admission to participation in the programs, services and activities of the City of
Bremerton. Reasonable accommodation for employees or applicants for employment will be
provided.
G. 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.
H. Prevailing Wages. Vendor 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. Vendor 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. The latest
prevailing wage rate revision issued by the Department of Labor and Industries is attached.
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L 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.
J. 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.
K. 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 IX of this Agreement.
L. 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:
CITY: VENDOR:
Attn: David Dinkuhn Attn: Barry Mau
City of Bremerton Ultrablock, Inc.
345 6d' Street, Suite 100 815 NE 172nd Avenue
Bremerton, WA 98337-1891 Vancouver, WA 98684
M. Assignment. Any assignment of this Agreement by the Vendor without the written
consent of the City shall be void.
N. 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.
O. 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.
P. Suspension & Debarment. For contracts involving Washington State or Federal
funding, Vendor hereby certifies, by signing this agreement, that neither it nor its principals are
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
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excluded from participation in this transaction by any Washington State, Federal department, or
agency. Vendor shall provide immediate written notice to the City if at any time it learns that it is
or has become ineligible for certification. Should Vendor enter into a covered transaction with
another firm, Vendor agrees by signing this agreement that it will verify that the firm with whom
it intends to do business is not debarred, suspended, ineligible, excluded or disqualified.
Q. 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.
CITY: VENDOR:
CITY OF BREMERTON Ultrablock, Inc.
DocuSigned by: DocuSigned by:
By: 1101mM 6Alitkui By: barn?
Y 43189A491: 8141BU.,. 2D'B�I'E8b7788
Print Name: Thomas Knuckey Print Name: 'ry Mau
Its: Director of Public Works and Utilities Its: Sales Manager
Date: 5/31/2024 Date: 5/31/2024
APPROVED AS TO FORM: ATTEST:
DocuSigned by: DocuSigned by:
By: A 1'' By: d� Abdu%
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KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk
R:\Legal\Legal\Forms\FORMS ON COBWEB\Goods and Services Agreement Rev.04 2023.docx
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Goods and Services Agreement
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Terms and Conditions
Terms and conditions apply to all Ultrablock, Inc. orders.
General Provisions:
Acceptance of Buyer's order is conditional on Buyer's consent to these Terms and Conditions. If Buyer objects to any of these Terms&
Conditions, such objection must be in writting and delivered to 815 NE 172nd Ave, Vancouver, WA 98684 within 10 days of
acknowlegement date. Failure to inform Seller in writting shall constitute acceptance of these Terms and Conditions. Seller's failure to
object to provisions contained in any communications from Buyer will not be a waiver of these provisions.
Taxes:
Prices do not include any taxes. Taxes will be added to the invoices in compliance with the law, and will be paid by the Buyer unless the
Buyer provides Seller with a properly executed exemption certificate by the date the first blocks are delivered.
Pricing:
Estimates are provided as good faith and are based upon information provided to ULTRABLOCK, INC. Buyer has responsibility for
confirming final quanties and information. Pricing will be per our estimate form or by fax copy. Prices are firm for 30 days from the date of
the estimate for shipment from within that period unless Seller and Buyer agree to extended delivery dates to fit job schedules.Terms are
cash at or before delivery or, on approved credit, Net 30 days. 1.5% per month will be assessed for overdue accounts.
Order Entry:
Buyers must have an account in good standing or use check/credit card prior to purchase. Buyers will enter all orders with the"Order
Desk' in Vancouver, WA. Upon receipt of a buyers purchase order or other ordering document, Seller will check availability of product
ordered and advise Buyer of stocking locations and lead times required to deliver the product. ULTRABLOCK, INC., will do everything
possible to meet the requested shipment dates and will properly inform Buyer of any delivery problems relating to the order. All orders
received are subject to the Terms and Conditions and any special provisions shown in our estimate. Orders are filled in sequence signed
estimates are received based on production availability.
Lead time and availability will vary depending on current order volume and quantity of blocks required. To be placed in the
production/delivery schedule, a purchase order and signed quatation sheet must be submitted. Orders will be filled on the sequence that
purchase orders are received.
Freight:
Freight cost shown on the estimate are for the convenience of the Buyer and are based upon using the maximum size truck and trailers
available. Selection of truck size is based upon communication with Buyer and use of mapping data such as Google Earth. In the event the
truck is unable to access the project site, Buyer will be responsible for associated delivery fees. If ULTRABLOCK, INC. agrees to arrange
the freight, Buyer is responsible for off-loading and Buyer has one half hour of off-loading time per truck upon arrival. ULTRABLOCK, INC.
contracts the shipping of blocks and therefore cannot guarantee exact delivery times.
ULTRABLOCK, INC. cannot be held financially liable for late deliveries. All deliveries will be coordinated using trucks or maxi-trailers
unless otherwise shown in the estimate. Standby time, splitting trailers, and off-road driving will be charged at$100 per hour. Job site
coordination of product off-loading and product movement is the responsibility of the Buyer. If Buyer chooses to haul material, Ultrablock
Title and Delivery:
If Buyers chooses to arrange freight, the shipment of goods are FOB Sellers production facilities and title and liability for loss or damage
passes to the Buyer upon the Seller's delivery of goods to carrier for shipment. Any loss or damage thereafter shall not relieve Buyer from
any obligations hereunder. Buyer shall be liable for cost of insurance and transportation, taxes, and any other expenses incurred.
If ULTRABLOCK, INC. agrees to arrange the freight, title and liability for loss or damage passes to the Buyer upon acceptance and
off-loading of product. Any loss or damage thereafter shall not relieve Buyer from any obligations hereunder. Buyer shall be liable for cost
of insurance and transportation, taxes, and any other expenses incurred.
Regardless of who arranges freight, Seller may deliver goods in installments from various production sites. Seller may not be liable for any
loss or expense, whether by way contract or tort, (consequentiva or otherwise) incurred by Buyer if Seller fails to meet the specified
delivery schedule because of unavoidable production or other delays. If required materials vary from quantity quoted, the Buyer will be
charged accordingly and the amended sales agreement will be issued before continuation of delivery. A$10 per block restocking fee will
be assessed for returned blocks. Freight cost for returned blocks will be paid by the Buyer.
Material:
All material will be surplus concrete unless otherwise indicated in the estimate. ULTRABLOCK TM, INC. does not make every type of block
at every production facility and does not transfer block inventories. Full size blocks weigh approximtely 4320 Ibs, measure 29.5'x 59.0"
long and have a lifting hook in the center of the block.
DocuSign Envelope ID:5EA513CF-38E6-4AE6-8ED8-A82BA6B314B1
Product Application Indemnity:
Buyer agrees to indemnify and hold harmless Seller for all claims, whether arising in tort or contract against Buyer and/or Seller, including
attorneys fees, expenses, and cost, arising out of the application of Seller's product to Buyer's designs or specifications by others.
Account Placed For Collection:
If the contractor/owner's account based on this agreement is assigned to an attorney or collection agent, contractor/owner agrees to pay all
reasonable attorney fees in addition to the chargeable costs allowed by law.
ULTRABLOCK, INC. 815 NE 172nd Ave., Vancouver, WA 98684
Phone: 800-377-3877, Fax: 360-694-0281, Website: www.ultrablock.com
DocuSign Envelope ID:5EA513CF-38E6-4AE6-8ED8-A82BA6B314B1
ESTIMATE
ULTRABLOCK TM, INC.
815 NE 172nd Avenue
Vancouver, WA 98684
Phone (360) 694-0141
Toll Free: (800) 377-3877
Fax (360) 694-0281
estimating@ultrablock.com
ESTIMATE NUMBER: 0035047 ESTIMATE DATE: 4/15/2024
MATERIAL SPECIFICATIONS: SPEC POUR AIR ENTRAINED GRID/TIEBACKS REQUIRED HAMMER TESTING
Y:YES N: NO
ITEM NUMBER WHSE CODE WHSE CONTACT/FAX UNIT QUANTITY PRICE AMOUNT
DESCRIPTION
Job Bids: REVISED 4-15-2024
To: Estimator
Job: Evergreen Rotary Park Boat Ramp Repair
Site: 1500 Park Ave., Bremerton,WA 98337
Engineer:
***ULTRABLOCK AS REQUESTED***
-ALL BLOCKS TO BE POURED USING SURPLUS CONCRETE. COMPRESSIVE STRENGTH WILL VARY 2,200 TO 5,800 PSI.
***INSTALLER MUST REVIEW INSTALLATION GUIDE PRIOR TO START OF PROJECT.
***INSTALLATION GUIDE IS AVAILABLE ON OUR WEBSITE OR BY REQUEST.
***BLOCK FINISH: SMOOTH
***ENGINEERING NOT INCLUDED OR PROVIDED BY ULTRABLOCK.CONTACT ULTRABLOCK
FOR RECOMMENDATION OF LICENSED ENGINEERS***
***PLEASE SEE FOLLOWING PAGES FOR OUR TERMS AND AGREEMENTS***
10101ZZZZ EACH 33 100.00 3,300.00
Full Bench-Std ---
00101 ZZZZ EACH 19 90.00 1,710.00
Full-Std ---
00201ZZZZ EACH 2 75.00 150.00
Half-Std ---
FRTLOAD EACH 5 850.00 4,250.00
Freight Per Load ---
NOTES:
-SPEC. POUR, HAMMER TEST AND ARCHITECTURAL FINISH -ADDITIONAL COST PER BLOCK-CALL FOR A NEW QUOTE.
-CONTRACTOR TO VERIFY ALL LOCATIONS, ELEVATIONS, DIMENSIONS AND QUANTITY OF BLOCKS.
-WALL LAYOUTS/SECTIONS TO BE APPROVED BY A LICENSED ENGINEER. ENGINEERING ESTIMATE NOT INCLUDED.
-UTILITY BLOCKS, IF AVAILABLE,ARE$10 LESS PER BLOCK.
Continued
DocuSign Envelope ID:5EA513CF-38E6-4AE6-8ED8-A82BA6B314B1
ESTIMATE
ULTRABLOCK TM, INC.
815 NE 172nd Avenue
Vancouver, WA 98684
Phone (360) 694-0141
Toll Free: (800) 377-3877
Fax (360) 694-0281
estimating@ultrablock.corn
ESTIMATE NUMBER: 0035047 ESTIMATE DATE: 4/15/2024
MATERIAL SPECIFICATIONS: SPEC POUR AIR ENTRAINED GRID/TIEBACKS REQUIRED HAMMER TESTING
Y:YES N: NO
ITEM NUMBER WHSE CODE WHSE CONTACT/FAX UNIT QUANTITY PRICE AMOUNT
DESCRIPTION
UTILITY BLOCKS MAY HAVE BLEMISHES, CHIPS, EXPOSED AGGREGATE,COLORED CONCRETE.
THEY MAY NOT CONFORM TO DIMENSIONAL TOLERANCES AND CONTAIN SMOOTH OR ARCHITECTURAL FACES.
-CUSTOMER IS RESPONSIBLE FOR OFF-LOADING. FREIGHT: REGULAR TRUCKS ONLY=48'FLAT BEDS.
-SITE HAS '/ HOUR TO OFFLOAD-STANDBY FEES WILL APPLY.
-FREIGHT RATE IS AN ESTIMATE. DUE TO MARKET VOLATILITY, PRICE TO BE DETERMINED AT TIME OF SHIPPING.
-IT IS THE CUSTOMERS RESPONSIBILITY TO MAKE ULTRABLOCK AWARE OF SITE ACCESSIBILITY CONDITIONS
THAT WOULD PREVENT MINIMUM 32'TRAILER ACCESS.
-PRODUCTION WILL BE REQUIRED AT TIME OF ORDER.
Net Order: 9,410.00
Less Discount: 0.00
Sales Tax: 0.00
Material Total: 9,410.00
DocuSign Envelope ID:5EA513CF-38E6-4AE6-8ED8-A82BA6B314B1 Exhibit B
Public Works and Utilities Department
100 Oyster Bay Ave. N. • Bremerton, WA 98312 • (360)473-5920 • FAX (360) 473-5360
DATE: 04/24/2024
TO: Procurement File
FROM: David Dinkuhn, PE
SUBJECT: Sole Source Determination
In accordance with Bremerton Municipal Code 2.76.090, Sole Source Purchases, the purpose of
this memorandum is to document the necessity of sole source procurement methodology for the
purchase of:
Ultrablocks for the Evergreen Rotary Park Boat Ramp Repair Project. These blocks will be used
to repair scour and erosion at the boat ramp. They are being pre-procured by the City in advance
of construction due to time constraints.
Reasoning (check all supporting options below and remove unnecessary items):
❑ Compatibility to existing City standard or to existing equipment, inventory, systems, data,
programs or service. (Attach the business case for the standard and attach a copy of the standard
if it is written).
❑ Licensed or patented product with only one dealer. (Include a vendor signed
statement/Affidavit explaining why this particular licensed or patented product is the only one
suitable for your purpose)
❑ Authorized service provider, repair and/or warranty services. The City requires service or
repair support for products or equipment owned by the City, and the vendor is either a factory
authorized warranty service provider or that particular vendor is required for warranty services
according to the conditions of a current City contract. (Include a vendor signed statement/Affidavit
explaining and certifying to the relationship between the vendor and service provider).
Z Unique design: Requires unique features that are essential aesthetic requirements, or not
practical to match to existing design or equipment, such as artwork. Describe.
Ultrablocks are unique due to being significantly larger and heavier than other prefabricated
concrete blocks. This is important because the purpose of the blocks is buttress the boat ramp
and prevent future scour and erosion. In addition, Ultrablock is the only block with a bench top
option. The configuration of the bench top allows us to cut fish passage slots in the bench backs,
a condition of the HPA permit. We have proposed these blocks in our permitting documents and
they have been accepted by the permitting agencies.
• Page 1 Ultrablock April 24, 2024
Rev. 09/2022
DocuSign Envelope ID:5EA513CF-38E6-4AE6-8ED8-A82BA6B314B1
Public Works and Utilities Department
100 Oyster Bay Ave. N. • Bremerton, WA 98312 • (360)473-5920 • FAX (360) 473-5360
❑ Special bargain: This might include a surplus item, an auction sale, used equipment, returned
"open box" purchase, or other similar one-time bargains. Describe.
❑ Delivery date: Only one supplier can meet required delivery date. Explain why this delivery
date is essential. This can only be used in limited circumstances, for delivery deadlines that are
the result of an unanticipated situation, and not a circumstance that could have been reasonably
anticipated or averted by advance City planning.
❑ Project or research continuity: Product, systems, services or data must comply with an ongoing
project, research, data, testing or analysis without a compromise in the integrity of the project.
Also, this should be a situation that cannot be replicated by another company because there is a
legal or physical obstruction to disclosing the project information to allow another company the
opportunity to replicate. Examples include situations where a company has legal and/or
proprietary rights to customization such as software code, or to data; or testing or data is collected
through a unique measuring instrument that cannot be accurately duplicated and offered by
another vendor.
❑ Requirement by funding source: Lender, grantor (such as federal government) or other
provider of funds requires the specific product, service or system. Attach a copy of the document
that clearly shows such a requirement is imposed by the funding source.
❑ Legal monopoly: Only one supplier, such as electricity, water, or sewage.
❑ Trial and evaluation projects: A limited duration, limited scope pilot, trial or evaluation of a
product, range of products or services. A trial or evaluation project would typically be part of
establishing a standard for a City department, or to pilot a particular product or services for a City
need. Describe the pilot, specify the scope of the pilot, and attach information to confirm that the
pilot is part of a purposeful department pilot initiative.
❑ Other: Describe why this is the only company that can provide the sole source product or
service. Provide the support document that explains why a particular product, manufacturer, or
service is necessary and provide support for why the company you requested is the only available
company.
Cost/Quote support:
Per quote no. 0035047 at a total cost of: $9,410 plus sales tax, our staff believes this is a fair and
reasonable price.
Therefore, it is my determination that it is in the City's best interests to purchase the Ultrablocks
through direct negotiation, pursuant to BMC 2.76.090 and 2.76.010, and that sole source
purchase of these materials is justified for this procurement.
• Page 2 Ultrablock April 24, 2024
Rev. 09/2022
DocuSign Envelope ID:5EA513CF-38E6-4AE6-8ED8-A82BA6B314B1
Public Works and Utilities Department
CITY OF 100 Oyster Bay Ave. N. • Bremerton, WA 98312 • (360)473-5920 • FAX (360) 473-5360
BREMERTON
Recommended by: / ,
C
David Dinkuhn, PE
Stormwater Project Manager
Approved by:
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FOR Thomas Knucky, PE
Director of Public Works and Utilities
• Page 3 Ultrablock April 24, 2024
Rev. 09/2022