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HomeMy WebLinkAbout08/11/2010 AGENDA o . CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 ** *AMENDED * ** AUGUST 11, 2010 CITY COUNCIL SPECIAL SESSION 5:00 PM — COUNCIL CONFERENCE ROOM 603 A. GENERAL BUSINESS — There will be action on this item... 1. Bid Award and Approval of Contract for Construction of the Park Avenue Plaza Parking Garage — Gary Sexton CITY COUNCIL STUDY SESSION IMMEDIATELY FOLLOWING THE SPECIAL SESSION The Study Session is open to the public but there will be no opportunities for input or participation; no action will be taken, and the content of these items is subject to change... B. NO DISCUSSION PLANNED -The following items are budgeted items or have been reviewed by the appropriate Council Committee; and will be placed on an upcoming Council Meeting Agenda 2. Appointment to CDBG /HOME Citizen Advisory Board Capital Committee — Mayor Patty Lent 3. Interlocal Agreement with Kitsap County to share cost for CDBG /HOME Programs Specialist — Marie Vila, CDBG Administrator; and Greg Wheeler, Planning Committee Chair 4. Automatic and Mutual Aid Interlocal Agreement for Fire Protection, Emergency Medical, and other services — Fire Chief All Duke; and Roy Runyon, Public Safety & Parks Committee Chair 5. Technical Rescue Mutual Aid Interlocal Agreement — Fire Chief Al Duke; and Roy Runyon, Public Safety & Parks Committee Chair 6. Professional Services Agreement with CASCADE POWER GROUP, LLC to develop a Resource Conservation Management Program — Michael Mecham, City Engineer; and Dianne Robinson, Public Works Committee Chair 7. Interlocal Agreement with the City of Forks for Prisoner Confinement — Police Capt. James Burchett; and Roy Runyon, Public Safety & Parks Committee Chair C. FULL DISCUSSION ITEMS 8. Contract Extension with BANK OF AMERICA for Primary Banking Services — Cathy Johnson, Interim Finance Director; and Adam Brockus, Finance Committee Chair 9. Update on Budget — Cathy Johnson, Interim Finance Director; and Adam Brockus, Finance Committee Chair (Information only...) 10. Discussion on Council's Budget Priorities; and Results of 2011 Budget Priorities & Expectations Survey — Cathy Johnson, Interim Finance Director; and Nick Wofford, Council President (Information only...) D. EXECUTIVE SESSION —20-Minutes to discuss °Potential Litigation" per RCW 42.30.110(1)(i) E. GENERAL COUNCIL BUSINESS 1. Suggested Issues to submit for "2011 KRCC Legislative Agenda" 2. Council Committee Reports; and Other General Council Business (As necessary...) ® Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473 -5323 by noon on the Monday preceding the Council meeting. DATE SUBMITTED: 8/3/10 AGENDA BILL o4jo CITY OF BREMERTON ' CITY COUNCIL SUBJECT: Bid award and approval of Committee Meeting Date: Special session 8/11/10 contract for the construction of the Park COUNCIL MEETING Date: 8/11/10 Avenue Plaza parking garage. Department: Executive Presenter: Gary Sexton Phone: 360- 981 -1025 SUMMARY: A call for bid was issued for the construction of the Park Avenue Plaza parking garage with bid openings on 8/5/10. It is recommended that the bid be awarded to the lowest responsible bidder with a bid within the bond funds available for the contract and is further recommended that the construction Contract Agreement be executed. ATTACHMENTS: Bid Tabulation and Contract Agreement. FISCAL IMPACTS (Include Budgeted Amount): This contract is funded by the previously approved, authorized and executed LTGO bond proceeds and is included in the current 2010 budget. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR e�- COUNCIL PRESIDENT: CONSENT AGENDA ❑ GENERAL BUSINESS PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the bid award for the construction of the Park Avenue Plaza parking garage to Se-r k 0,00hStr.Asy„L9 he lowest qualifying bidder, and authorize the Mayor to finalize and execute the construction agreement with substantially the same terms and conditions as presented. W44 o� - s5 '4 000 . DO COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action e V Document A107 TM -2007 Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope AGREEMENT made as of the I 1 day of August in the year 2010 (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal status, address and other information) completion. The author may also have revised the text of the original City of Bremerton AIA standard form. An Additions and 3456 1h Street, Suite 600 Deletions Report that notes added Bremerton, WA 98104 information as well as revisions to the standard form text is available from the author and should be and the Contractor: reviewed. A vertical line in the left (Name, legal status, address and other information) margin of this document indicates where the author has added Serpanok Construction, Inc necessary information and where 4519 S Orchard St the author has added to or deleted Tacoma, WA 98466 from the original AIA text. 253 -573 -1332 This document has important legal consequences. Consultation with an for the following Project: attorney is encouraged with respect (Name, location and detailed description) to its completion or modification. Park Avenue Plaza Garage Burwell and Park Avenue I The Project Designer, Manager, Marketing (PDMM): (Name, legal status, address and other information) Lorax Partners LLC 810 Y d Avenue, Suite 220 Seattle, WA 98104 The Owner and Contractor agree as follows. AIA Document A107TM — 2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 15:10:46 on 08/09/2010 under Order No.7917442317_1 which expires on 11/29/2010, and is not for resale. User Notes: (1936942161) TABLE OF ARTICLES 1 THE WORK OF THIS CONTRACT 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3 CONTRACT SUM 4 PAYMENT 5 DISPUTE RESOLUTION 6 ENUMERATION OF CONTRACT DOCUMENTS 7 GENERAL PROVISIONS 8 OWNER 9 CONTRACTOR 10 PROJECT DESIGNER, MANAGER, MARKETING (PDMM) 11 SUBCONTRACTORS 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 13 CHANGES IN THE WORK 14 TIME 15 PAYMENTS AND COMPLETION 16 PROTECTION OF PERSONS AND PROPERTY 17 INSURANCE & BONDS 18 CORRECTION OF WORK 19 MISCELLANEOUS PROVISIONS 20 TERMINATION OF THE CONTRACT ARTICLE 1 THE WORK OF THIS CONTRACT The Contractor shall execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 2.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it diers from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) Written Notice to Proceed will be issued as date of Commencement AIA Document A107Tr — 2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 2 reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 15:10:46 on 08/09/2010 under Order No.7917442317_1 which expires on 11/29/2010, and is not for resale. User Notes: (1936942161) § 2.2 The Contract Time shall be measured from the date of commencement. I § 2.3 The Contractor shall achieve Substantial Completion of the entire Work not later than three hundred sixty calendar days( 360 ) days from the date of commencement,: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) Portion of Work Substantial Completion Date subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) Not applicable ARTICLE 3 CONTRACT SUM § 3.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box) [ X ] Stipulated Sum, in accordance with Section 3.2 below (Paragraph deleted) (Based on the selection above, complete Section 3.2, 3.3 or 3.4 below.) § 3.2 The Stipulated Sum shall be Five million four hundred thousand dollars ($ 5,400,000 ), subject to additions and deductions as provided in the Contract Documents. § 3.2.1 The Stipulated Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding orproposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) § 3.2.2 Unit prices, if any: (Identify and state the unit price, and state the quantity limitations, if arty, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit ($ 0.00) Remove existing foundation walls Truckloads $450.00 Remove existing concrete slabs Truckloads $450.00 Credit for reduced length of auger cast Lineal foot <$20.00> piles Add for increased length of auger cast Lineal foot $35.00 piles Credit for reduced bank cubic yards of Bank cubic yards <$55.00> over excavation & CDF fill Add for increased bank cubic yards of Bank cubic yards $100.00 over excavation & CDF fill (Paragraphs deleted) AIA Document A107 2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 15:10:46 on 08/09/2010 under Order No.7917442317_1 which expires on 11/29/2010, and is not for resale. User Notes: (1936942161) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 4 PAYMENTS § 4.1 PROGRESS PAYMENTS § 4.1.1 Based upon Applications for Payment submitted to the PDMM by the Contractor and Certificates for Payment issued by the City authorized representitive the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. I § 4.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,: § 4.1.3 Provided that an Application for Payment is received by the PDMM not later than the 5th day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the last day of the month. (Federal, state or local laws may require payment within a certain period of time.) § 4.1.4 Retainage, if any, shall be withheld as follows: 10% except as modified by State of Washington Public Works Contrustioin statutory regulations. § 4.1.5 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, (Insert rate of interest agreed upon, if any) 8 % § 4.2 FINAL PAYMENT § 4.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 18.2, and to satisfy other requirements, if any, which extend beyond final payment; (Paragraph deleted) .3 a final Certificate for Payment has been issued by the City authorized representative. (Paragraphs deleted) ARTICLE 5 DISPUTE RESOLUTION § 5.1 BINDING DISPUTE RESOLUTION For any claim subject to, but not resolved by, mediation pursuant to Section 21.3, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, claims will be resolved in a court of competent jurisdiction) [ ] Litigation in a court of competent jurisdiction (Paragraphs deleted) AIA Document A107— —2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. WARNING: This A10 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 15:10:46 on 08/09/2010 under Order No.7917442317_1 which expires on 11129/2010, and is not for resale. User Notes: (1936942161) ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS § 6.1 The Contract Documents are defined in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 6.1.1 The Agreement is this executed Document. 6.1.2 Remaining Contract Document are itemized in Exhibit B attached herein. (Paragraphs deleted) (Table deleted) (Paragraph deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraph deleted) ARTICLE 7 GENERAL PROVISIONS § 7.1 THE CONTRACT DOCUMENTS The Contract Documents are enumerated in Article 6 and listed in Exhibit B and consist of this Agreement (including, if applicable, Supplementary and other Conditions of the Contract), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order or (3) a Construction Change Directive issued by the PDMM. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. § 7.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the Owner and the Contractor. § 7.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. (Paragraphs deleted) § 7.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE § 7.5.1 The City shall be deemed the owners including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub - subcontractors, and material or equipment suppliers shall not own or claim a copyright in the documents. (Paragraphs deleted) ARTICLE 8 OWNER § 8.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 8.1.1 The Owner shall furnish all necessary surveys and a legal description of the site. AIA Document A107Tm — 2007. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. WARNING: This A10 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 5 reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 15:10:46 on 08109/2010 under Order No.7917442317_1 which expires on 11/29/2010, and is not for resale. User Notes: (1936942161) § 8.1.2 The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 8.1.3 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 9.6.1, the Owner shall secure and pay for other necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 8.2 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, or repeatedly fails to carry out the Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order is eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. § 8.3 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails within a ten -day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner, without prejudice to any other remedy the Owner may have, may correct such deficiencies and may deduct the reasonable cost thereof, including Owner's expenses and compensation for the PDMM's services made necessary thereby, from the payment then or thereafter due the Contractor. ARTICLE 9 CONTRACTOR § 9.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 9.1.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 9.1.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 8.1.1, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the PDMM any errors, inconsistencies, or omissions discovered by or made known to the Contractor as a request for information in such form as the PDMM may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. § 9.1.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the PDMM any nonconformity discovered by or made known to the Contractor § 9.2 SUPERVISION AND CONSTRUCTION PROCEDURES § 9.2.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. § 9.2.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. § 9.3 LABOR AND MATERIALS § 9.3.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other AIA Document A107TM — 2007. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:10:46 on 08/09/2010 under Order No.7917442317_1 which expires on 11/2912010, and is not for resale. User Notes: (1936942161) facilities and services necessary for proper execution and completion of the Work whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. (Paragraphs deleted) § 9.4 WARRANTY The Contractor warrants to the Owner that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. § 9.5 TAXES The Contractor shall pay sales, consumer, use and other similar taxes that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 9.6 PERMITS, FEES, NOTICES, AND COMPLIANCE WITH LAWS § 9.6.1 Unless otherwise provided in the Contract Documents, the City shall secure and pay for the building permit. § 9.6.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances; codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. (Paragraphs deleted) § 9.8 CONTRACTOR'S CONSTRUCTION SCHEDULES § 9.8.1 The Contractor, as a part of Bid Submittal, has prepared the Contractor's construction schedule for the Work. The schedule has been incorporated into this Contract (see Exhibit A), shall be revised at monthly draw requests and as required by the conditions of the Work and Project. § 9.8.2 The Contractor shall perform the Work in general accordance Exhibit A unless modified and accepted by the PDMM and the Owner. § 9.9 SUBMITTALS § 9.9.1 The Contractor shall review for compliance with the Contract Documents and submit to the PDMM Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in coordination with the Contractor's construction schedule and in such sequence as to allow the PDMM reasonable time for review. By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner that the Contractor has (1) reviewed and approved them; (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so; and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. The Work shall be in accordance with approved submittals. § 9.9.2 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. § 9.10 USE OF SITE The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 9.11 CUTTING AND PATCHING The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. AIA Document All 07 TM — 2007. Copyright © 1936, 1951, 1958. 1961, 1963, 1966, 1970, 1974, 1978. 1987, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. WARNING: This A10 Document is protected by U.S. Copyright law and International Treaties. Unauthorized 7 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:10:46 on 08/09/2010 under Order No.7917442317_1 which expires on 11/29/2010, and is not for resale. User Notes: (1936942161) § 9.12 CLEANING UP The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus material from and about the Project. (Paragraphs deleted) § 9.14 ACCESS TO WORK The Contractor shall provide the Owner and PDMM access to the Work in preparation and progress wherever located. § 9.15 INDEMNIFICATION § 9.15.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, and employees of any of them from and against claims, damages, losses and expenses, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 9.15.1. § 9.15.2 In claims against any person or entity indemnified under this Section 9.15 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 9.15.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 10 PDMM (Paragraph deleted) § 10.1 The PDMM will provide administration of the Contract and will be an Owner's representative during construction, until the date the PDMM issues the final Certificate for Payment. The PDMM will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. § 10.2 The PDMM will visit the site at intervals appropriate to the stage of the construction to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the PDMM will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The PDMM will not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. § 10.3 On the basis of the site visits, the PDMM will keep the Owner authorized representative reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner authorized representative (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The PDMM will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The PDMM will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. AIA Document A107— — 2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. WARNING: This AIO Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 8 reproduction or distribution of this A10 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 15:10:46 on 08/09/2010 under Order No.7917442317_1 which wipires on 11/29/2010, and is not for resale. User Notes: (1936942161) § 10.4 Based on the City authorized representitive 's evaluations of the Work and of the Contractor's Applications for Payment, the City authorized representitive will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. I § 10.5 The PDMM and or the City authorized representative has authority to reject Work that does not conform to the Contract Documents and to require inspection or testing of the Work. § 10.6 The PDMM will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. ARTICLE 11 SUBCONTRACTORS (Paragraphs deleted) § 11.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. § 11.2 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall famish in writing to the Owner through the PDMM the names of the Subcontractors or suppliers for each of the principal portions of the Work. The Contractor shall not contract with any Subcontractor or supplier to whom the PDMM and / or City authorized representitive has made reasonable written objection within ten days after receipt of the Contractor's list of Subcontractors and suppliers. § 11.3 Contracts between the Contractor and Subcontractors shall (1) require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by the Contract Documents, assumes toward the Owner, and (2) allow the Subcontractor the benefit of all rights, remedies and redress against the Contractor that the Contractor, by these Contract Documents, has against the Owner. ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 12.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under conditions of the contract identical or substantially similar to these, including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such claim as provided in Article 21. § 12.2 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's activities with theirs as required by the Contract Documents. § 12.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the Work or defective construction of a separate contractor. ARTICLE 13 CHANGES IN THE WORK § 13.1 By appropriate Modification, changes in the Work may be accomplished after execution of the Contract. The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, with the Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner and Contractor, or by written Construction Change Directive signed by the Owner authorized representitive. . § 13.2 Adjustments in the Contract Sum and Contract Time resulting from a change in the Work shall be determined by mutual agreement of the parties or, in the case of a Construction Change Directive signed only by the Owner, by the Contractor's cost of labor, material, equipment, and 7% overhead and profit, unless the parties agree on another AIA Document A10" — 2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the 9 maximum extent possible under the law. This document was produced by AIA software at 15:10:46 on 08/09/2010 under Order No.7917442317_1 which expires on 11/29/2010, and is not for resale. User Notes: (1936942161) method for determining the cost or credit. Pending final determination of the total cost of a Construction Change Directive, the Contractor may request payment for Work completed pursuant to the Construction Change Directive. The City authorized representitive will make an interim determination of the amount of payment due for purposes of certifying the Contractor's monthly Application for Payment. When the Owner and Contractor agree on adjustments to the Contract Sum and Contract Time arising from a Construction Change Directive, the PDMM will prepare a Change Order. § 13.3 The PDMM will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. The Contractor shall carry out such written orders promptly. § 13.4 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be equitably adjusted as mutually agreed between the Owner and Contractor; provided that the Contractor provides notice to the Owner and PDMM promptly and before conditions are disturbed. ARTICLE 14 TIME § 14.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 14.2 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 14.3 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. I § 14.4 The date of Substantial Completion is the date certified by the Owner authorized representitive in accordance with Section 15.4.3. § 14.5 If the Contractor is delayed at any time in the commencement or progress of the Work by changes ordered in the Work, by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by other causes which the PDMM determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Owner authorized representitive may determine, subject to the provisions of Article 21. ARTICLE 15 PAYMENTS AND COMPLETION § 15.1 APPLICATIONS FOR PAYMENT § 15.1.1 Contractor shall submit to the PDMM , before the first Application for Payment, a schedule of values, allocating the entire Contract Sum to the various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as may be require. The approved schedule,, shall be used in reviewing the Contractor's Applications for Payment. (Paragraph deleted) § 15.1.3 Payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. § 15.1.4 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or other encumbrances adverse to the Owner's interests. § 15.2 CERTIFICATES FOR PAYMENT § 15.2.1 The Contractor with the PDMM will review proposed Certificate for Payment and walk the site a minimum of three days prior to Certificate for Payment to confirm progress and invoice percentages. The PDMM will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the PDMM determines is properly due, or notify the AIA Document A707° — 2007. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 0 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 15:10:46 on 08/09/2010 under Order No.7917442317_1 which expires on 11/29/2010, and is not for resale. User Notes: (1936942161) I Contractor and Owner in writing of the PDMM's reasons for withholding certification in whole or in part as provided in Section 15.2.3. § 15.2.2 The issuance of a Certificate for Payment will constitute a representation by the PDMM to the Owner, based on evaluations of the Work and the data comprising the Application for Payment, that, to the best of the PDMM's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the PDMM . The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the PDMM has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 15.2.3 The PDMM and / or City authorized representitive may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, If the Owner authorized representative is unable to certify payment in the amount of the Application, the PDMM will notify the Contractor and Owner as provided in Section 15.2.1. If the Contractor and the PDMM cannot agree on a revised amount, the PDMM will promptly issue a Certificate for Payment for the amount for which the PDMM is able to make such representations to the Owner. The PSMM may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the PDMM's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 9.2.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 15.2.4 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 15.3 PROGRESS PAYMENTS § 15.3.1 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub - subcontractors in similar manner. I § 15.3.2 The Owner shall not have an obligation to pay or see to the payment of money to a Subcontractor except as may otherwise be required by law. § 15.3.3 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 15.3.4 Included with each Progess Payment the General Contractor shall provide Conditional Lien Release or Unconditional Lien Release for all Work Completed. Geneal Contractor shall provide Subconractors Conditional Lien Releases or Unconditional Lien Releases AIA Document A107TM — 2007. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 11 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:10:46 on 08109/2010 under Order No.7917442317_1 which expires on 11/2912010, and is not for resale. User Notes: (1936942161) § 15.4 SUBSTANTIAL COMPLETION § 15.4.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 15.4.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the PDMM a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 15.4.3 Upon receipt of the Contractor's list, the PDMM and Owner authorized representitive will make an inspection to determine whether the Work or designated portion thereof is substantially complete. When the City authorized representative determines that the Work or designated portion thereof is substantially complete, the PDMM will issue a Certificate of Substantial Completion which shall establish the date of Substantial Completion, establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 15.4.4 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 15.5 FINAL COMPLETION AND FINAL PAYMENT § 15.5.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the PDMM will promptly make such inspection and, when the PDMM finds the Work acceptable under the Contract Documents and the Contract fully performed, the PDMM will promptly issue a final Certificate for Payment stating that to the best of the PDMM's knowledge, information and belief, and on the basis of the PDMM's on -site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The City authorized representative's final Certificate for Payment will constitute a further representation that conditions stated in Section 15.5.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 15.5.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including costs and reasonable attorneys' fees. § 15.5.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from .1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. § 15.5.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY § 16.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to .1 employees on the Work and other persons who may be affected thereby; AIA Document A107TM — 2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. WARNING: This AIA! Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 1 2 reproduction or distribution of this AIA! Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:10:46 on 08109/2010 under Order No.7917442317_1 which expires on 11/29/2010, and is not for resale. User Notes: (1936942161) .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub - subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons and property and their protection from damage, injury or loss. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, a Subcontractor, a sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 16.1.2 and 16.1.3. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 9.15. § 16.2 HAZARDOUS MATERIALS § 16.2.1 The Contractor is responsible for compliance with the requirements of the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents, and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and PDMM in writing. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shutdown, delay and start -up. ARTICLE 17 INSURANCE AND BONDS § 17.1 The Contractor shall purchase from, and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, insurance for protection from claims under workers' compensation acts and other employee benefit acts which are applicable, claims for damages because of bodily injury, including death, and claims for damages, other than to the Work itself, to property which may arise out of or result from the Contractor's operations and completed operations under the Contract, whether such operations be by the Contractor or by a Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than $5,000,000 and shall include contractual liability insurance applicable to the Contractor's obligations under Section 9.15. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. The Contractor shall cause the commercial liability coverage required by the Contract Documents to include: (1) the Owner, the PDMM as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's completed operations. (Paragraphs deleted) 17.3 PROPERTY INSURANCE 17.3.1 General Contractor is to provide Builder's Risk insurance, including flood and earthquake insurance. Maintain policy until final payment has been made. I (Paragraphs deleted) § 17.4 PERFORMANCE BOND AND PAYMENT BOND § 17.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. AIA Document A10" — 2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 13 reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 15:10:46 on 08/09/2010 under Order No.7917442317_1 which expires on 11/29/2010, and is not for resale. User Notes: (1936942161) § 17.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. ARTICLE 18 CORRECTION OF WORK § 18.1 The Contractor shall promptly correct Work rejected by the PDMM and City authorized representitive or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the services and expenses made necessary thereby, shall be at the Contractor's expense, unless compensable under Section A.2.7.3 in Exhibit A, Determination of the Cost of the Work. § 18.2 In addition to the Contractor's obligations under Section 9.4, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 15.4.3, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one -year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. § 18.3 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may convect it in accordance with Section 8.3. § 18.4 The one -year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 18.5 The one -year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Article 18. ARTICLE 19 MISCELLANEOUS PROVISIONS § 19.1 ASSIGNMENT OF CONTRACT Neither party to the Contract shall assign the Contract without written consent of the other. § 19.2 GOVERNING LAW The Contract shall be governed by the law of the State of Washington. § 19.3 TESTS AND INSPECTIONS Tests, inspections and approvals of portions of the Work required by the Contract Documents or by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the PDMM timely notice of when and where tests and inspections are to be made so that the PDMM may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approval that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating the costs to the Contractor. eh (Paragraph deleted) ARTICLE 20 TERMINATION OF THE CONTRACT (Paragraphs deleted) § 20.2 TERMINATION BY THE OWNER FOR CAUSE § 20.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; AIA Document A107TM — 2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. WARNING: This A10 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 14 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 15:10:46 on 08/09/2010 under Order No.7917442317_1 which expires on 11/29/2010, and is not for resale. User Notes: (1936942161) .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 20.2.2 When any of the above reasons exists, the Owner, upon certification by the PDMM that sufficient cause exists to justify such action, may, without prejudice to any other remedy the Owner may have and after giving the Contractor seven days' written notice, terminate the Contract and take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 20.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 20.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 20.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the PDMM's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the PDMM, upon application, and this obligation for payment shall survive termination of the Contract. § 20.3 TERMINATION BY THE OWNER FOR CONVENIENCE The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. The Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination. This Agreement entered into as of the day and year first written above. City of Bremeton Serpanok Constru citon, Inc. OWNER (Signature) CONTRACTOR (Signature) Patty Lent Mayor Igor Kunitsa City of Bremerton President 3456 th Street Serpanok Construction, Inc Bremerton, WA 98337 4519 S. Orchard St. Tacoma, WA 98466 (Printed name and title) (Printed name and title) I (Table deleted)(Paragraphs deleted) AIA Document A107TM —2007. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. WARNING: This Al a Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 15 reproduction or distribution of this AIA! Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 15:10:46 on 08109/2010 under Order No.7917442317_1 which expires on 11/29/2010, and is not for resale. User Notes: (1936942161) ID ask Name Duration Start Finish A M F T sop T M F T a iT M F T S MIF T S T IMVIFIT M F S 0 Park Avenue Plaza 247 days Thu 8/12/101 Fr[ 7/22!11 ' V 1 Fire level Parting Garage (68,000 square feet) 247 days Thu aM2M01 Fri 7/22/11 2 General CondlSons 9 days Thu an2mol Tue sm4no C nTmT5s ; 3 Receive notice to proceed and sign contract 3 days Thu 8112/1 01 Mon 8116/10 i :i G.C. general management 4 Submit bond and Inswance documents 2 days Tue a/17/10l' "WW 8118%10 = O.C. pro]eat menagement,O.C. genera! msnagemst►g2a %) 5 Prepare and submit project schedule 2 days Thu 8/19110 Fri 6/20/10 i (LC. project managemeng26 %1G.C. scheduler 6 Prepare and submit schedule of values 2 days Mon 8/23/10 Tue 8/24/10 O.C. general managaeeng110%),O.C. Project management 7 Obtain building permits 4 days Tue a/17 /101 Fri 8/20/10 O.C. pro►sct msnagemsng80%),G.C. procuremengSO %] 8 8V Submit monthly requests for payment 1 day Tue 8/17/10! Tue 8/17/10 9 Long Lead Procurement s0 days Tue &/17/101 Mon 10/25/10 10 Submit shop drawings and order long lead items - steel 2 wire Wed 8/18/10[ Tue 8411/10 Steel creation contractor management 11 Submit strop drawings and order long lead Items - roofing 2 wits Tue 8%17 /101 Mon 800/10 12 Submit shop drawings and order long lead items - elevator 2 wks Tue 8/17/101 Mon 8130/10 Ord 13 Submit shop drawings and order long lead items -plumbing 2 wks Tue B/i 7/10 Mon 1130/10 14 Submit shop drawings end order kmg lead Items - electric 2 Wks Tue B/17 /t0l Mon8!30 /10 15 Submit shop drawings and order long lead items - HVAC 2 wks Tue 8/17/101 Mon 8130/10 l t 16 Detail, fabricate, and deliver steel 10 wits Tue 8/17 /1011 Mon 10125/10 nbaoWr I MIXteet 17 Mobilize an Site 10 days Tue 0117/101 Mon ~0 1 W • 16 Install temporary power 2 days Toe 8/17/10 Wed 8118110 t Electrl contractor 19 6istall temporary Wolof service 2 days Tua 8/17110 Wed 8118110 • Plumb aorntraotor 20 Sol up site office 3 days Thu 8119 /4 Mon 8123!10 wpsrfatendent,G.C. labor crewltg%] 21 Sol One and grade benchmarks 3 days Tue SM41M 01 Thu 8126110 survey crow i P 22 Prepare site - lay dawin yard and temporary te nulng 2 days. Fr 8471101 Mon 0/30110 :s to grading contrat . tor,O.C. labor crar[10%] 23 Slte Grading and Ut01Sea 30 days Tue 8131/10} Mon 10/11/10 24 Clear and grub site 3 days Tuo 8/31/101 Thu 912110 • Sits grading contractor 25 Stone site access and temporary parting area 2 days Fri WW101 Mon 1161 _ Site grading contractor 26 Rough grade eke (cut and leg t wk Tue 9/7/101 Mon 9113110 Site grading contractor 27 Install storm drainage t wk' Tuo 9/14/101 Mon 9120110 She grading contractor 25 Install Ore line and building lire doer 1 M k Tua9!14 /10} Mon lt/ 110 Plumbing wrdrsotor 29 Shoring Operations 3 *6 Tue 8/14/101 Mon 10!4/10 • • lift0 grading contractor 30 Erect building batter boards and layout building i wk Tue 10/5/101 Mon 10/11/10 y G.C. survey crew 31 Foundations 35 days Tue 11112/101 Mon 11128/10 f - 32 Excavate foundations 1 wk Tue 10112/101 Mon 10/18110 • Site grading fro tor[M) 33 Excavate elevator pit 2 days Tue 10/12/101 Wed 10113110 SI grading contract* 34 Shored !Netts - — -- - -- - 30 days - Tue 10119/10? - Mon 11!20!10 a O.C. rough ter crew 35 FiougMn electdc end plumbing loelevator - 4 days Thu 10/14/1 Oj Tue 10/19110 S Plumbing can a e0nIr00 r t 36 Form elevator ph walls 8 days Wed 10!21110' Wed 10/27/10 = G.C. rough c t crow 37 Set reinforcing and anchor baits 6 days Tua 10/18/10; - Tue 10/26110 ; • C. rough crow 38 P column piers and foundat 7 days Wed 10/27 Thu 1114/1 i _ m C con rate row Project: Park Avenue Plaza Task Progress Summary 1 1111 1 MMOMMOrmOmm"r External Tasks : .. Deadline Date: Fri 8/8110 Splg Milestone ♦ Project Summary External Milestone 0 Critical SERPANOK CONSTRUCTION Page 1 ID 8 ask Name Duration Start Finish A n N F T 39 Pour concrete elevator wafts 1 day Thu 101281101 Thu 10/28!10 LQLCI Cone c 40 Cure otevatw wall concrete 7 days FN 10129110! nylon 1116110 G C. r e (10%1 41 Cure plots and bundations 7 days' FN 1 t/5H01 Mon 11/15/10 ' G •lab r erow[10% 42 Strip wall forms 5 days Tue t U901 0': Mon t 1115!10 G .lab r crew(10% 43 Strip column piers and foundation forms 5 days Tue 11/16110 t Mon 11/29110 y G C labor crew 44 Steel Erection 22 days Tue 11/23/10; Wad 1242?/10 45 Erect steel Columns. beams, and joist -1st 842nd Goon 2 days Tue t 1/23/10; Wed 11124/10 46 Install miscouaneous Iron and bracing • tsl and 2nd floors 2 wits Thu 11!25/101 Wed 12/8110, Stool Ion c ntracto 47 Install mtsceltaneous Icon and bracing - 3rd floor and real 1 wk, Thu 11!25110. Wed 1211110 Steel areC n Con b 48 Install stairs and miscellaneous Iron rifling 24s Thu 1212110; Wed 12115/10 S weall n contr 49 Touchup paint on steel 1 wk Thu 12"6"0! Wed 1212?110 t . •Steal on c So Form and Pour Concrete - Floors and Roof 116 days Tits 11/30/10; Thu S/12/11 1 51 Form 2nd floor Including ail floor openinpa 11 days Thu 12123/10: Thu 1&11 ro 52 Install robot and M -floor uniftles (Includeing mechanical, electrica S days FN 117/11! Thu 1113/t 1 i s G• S3 Pour 2nd flow slab 4 days Fri 1114111: Wed 1110/11 I i S4 Cure 2nd floor slab 7days Thu 1/20/11; FN 1/28/11 55 Strip forms from 2nd Ibor slob 2 days. Mon 1131111 ° Tire 211111 1 58 Form 3rd floor Including all floor open] - n - s _ 14 days Mon 1131/11 • Thu 2/17111 57 Install mbar and in•Oow utilities (including mechanical, eleMrical ` 5 days Mon 1131111: Fd?/4111 68 Pour 3rd floor slab 14 days Mon 217/11 Thu 2/24111 59 Cure 3rd floor slab 7 days FN 2125/11; Moat 317111 60 Strip forms from 3rd floor sia0 2 days Tue 318/11 i Wed 319/11 ' 81 Form 4th floor Including all floor oponings 5 days Thu 3/101111 Wed 3116111 i 62 Install mbar and in•fleor utflitles (including mechanical, ale tft-al, Stairs Thu 3/17111 Wed 3123111 63 Pour 4th Itcar slab 14 days Thu 3124/11, Tuo 4ltVt 1 64 Cure 4111 floor slab 4 days Wed 4113111; Mon 4/18111 i 65 Strip forms from 411% floor Blob 2 days Tue 4119!11 : Wed 4120111 66 Form roof slab including all floor openings S days Tue 4118/11, Mon 4125111 67 Install mbar and In-floor unities (Including mechanical, electrical, 5 days Tuo 4/191111 Mon 4/25111 88 Pour root slab 4 days Tue 4/26111. Fri 4128111 69 Cure roof stab 7 days Mon 612111 { Tue 5/10/11 70 Strip forms from root slab 2 days Wed 5/1111 U Thu 5112111 71 Form li st floor ?days Tue 11/30/101 Wed 1218110 I M G.C. rough carpenter or 72 Install electrical underground _ t wk Thu 1219110; Waif 12/1b010 Electric contractor 73 Install plumbing underground 1 wk Thu 12"61101 Wed 12/22010 Plumbing contr 74 Inman mbar and in4loor utllilles 4 days Thu 12123!101 Tue 12/28/10 G.C. labor c 75 Pour 1st flow slab 10 days Wed 12/29/101 Tue 1111111 G.C .[ 76 Cure I st floor stab 7days Wed 1/12"11 Thu 1=11 /� 77 Strip forms from tat floor slab 2 days - FN 1)21/11 Mon 1/24111 Project: Park Avenue Plato Task ® Progress Summary WmmmmmmmmW External Tasks Deadline y Date: Fri 81&10 Spin ......... Milestone ♦ Project Summary Gam Exlemal Milestone G Critical 4z �a Trnrs� SERPANCK CONSTRUCTION Paget ID ask Name Duration Stan Finish I Ago T T F T T o ne F T SWISITIMIFITIS 78 Carpentry Work 6 days Fd 6113111; Thu 8118111 79 Install exterior Frames and metals 1 Wk Fr16013111' Thu 511611 t 90 Masonry Work 16 days Fit SMWIt Thu 61611i 81 InalaB exterior masonry work 2 wits Fri 6120111 Thu 612/11 82 Clean masonry t wk Fri 8/311 I! Thu 618/11 63 Rooting 21 days Wed 6/111111 Wed e✓ l 94 Install fleshing at parapet wabs 4 days Wed 5/11/111 Mon 5/16111 95 Pour lightweight concrete roof till 2 days Tue 5117111E Wed 6116111 88 install roofing material 5 days Thu 5128111 Wed i/i/fl 87 Set rooftop equipment t wk Thu 6011( Wed 618111 Be Elev 15 days Wed 5111/11( Tue 5131N 1 89 Sot elevator equipment in shahs t wk Wed 611 IN 1; Tue 6117111 90 Set equipment in mechanical room 1 wk Wed 111113111 Tue 5124111 91 Test and align doors and equipment 1 wk Wed 5/25111 Tue 5131111 92 Plumbing 10 days Fr18/10/11` Thu OP"t 93 Tie -in lire tine riser and set valves _ f wk Fd 811011 i �i Thu 6116111 94 Set Plumbing fixtures and tnm 1 wk Fri 6110111 Thu 6116111 95 Flush. test, and dean p and textures t wk Fd 8117/11' Thu 6123N 1 _ 96 Electrical 99 days Tue 1/28111 i Fri 611W1I 87 Rough4n electrical in masonry webs 4 wks Tuo 1/261111 Mon 2121111 g9 Pull wire in conduit and set area transformers 3 wks Tue 2122111, Mon 3/14/11 99 Install and terminate electrical devices 3 Wks Tue 3115111 i Mon 414111 ke j 100 Ma electrical torminatlonsfor HVAC equipment 2 days Thu 8/9n I I Fri 6110/11 101 Inalall light fixtures • test and dean 2 wks' Tue 415111 Mon 411 WI I } 102 Hesting and Ventilating • AC 209 days Tue 8131/10: Fri 6117/11 i 103 Set equipment In mechanical room t wk Tuo 8/31/10 Mon 9/8110 E VAC contractor 104 Roug anical h -in mech in masonry walls 2 wks Tue 1125/11 Mon 2!!111 105 Q in" duel in building chase 2.8 wks Tue 9/!1101 Mon M4111 106 Set HVAC trim and test and balance system 2 wits Mon 818111 i Fri 611711,1 107 Final'Cles -up and Occupancy 81 days Tue 4119111 i Tue81211 /11 toll Insta Signage 1 wk Tue 4119111! 'Man 4125111 109 Clean floors 1 day Tue 412611 1 i Tue 4/2811 I 110 Remove debris from building and do final Clean-up 2 days Fd 812411 t: 'Mon 8127111 111 S ibstanfial canpletlon date_ t day Tue 6/29/11% Tue 8!28/11 112 Complete Final Inspection 6 days Tue 8/181111 Tue 7/5/11 1 113 Complete elevator Inspection and ceiii0cation 3 days Tue 8128111' Thu BISON 1 114 Perform architect's inspection 1 day Fri 711111 i Fd 711111 115 Perform local building agency inspection t day Mon 714111 J Mon 714111 118 Pedorr rrre marehm's inspection / day TUG 716111! Tue 715111 Project; Park Avenue Plaza Task Progress Summary Extemal Teaks ® Deadline i Date: Fd 8010 Split ....... . ......... Mbestono ♦ Project Summary, � External Milestone ♦ Critical 3izz� s.: =r•: r4 SERPANOK CONSTRUCTION Page 3 ID osk Name D-0- Start Finish A T M F S_ e� Oc N n FT T I TM T:S S MFT 117 Complete punch list items from all Inspections 2 wks Wad 718111= Tue 7!18/11 118 Obtain certificate of occupancy 2 days Wed 712Wt 1! Thu 7121!11 118' Issue final completion documents Including warranties 1 day Wed 7120tH= Wed 7120/11 120 Issue final te4uesl for payment 1 day Fri 7/2Y11 I Fri 7122111 S1 Projocl: Park Avenue Plaza Task Progress ® Summary Extemai Tasks DeadWte L Date: Fd W10 Split Milestone ♦ Protect Summary External Milestone 4 Critical SERPANOK CONSTRUCTION Page 4 Feb A Jun Jul Aug Oct ry i Dec I Jan WISITIM T T FTi TMF T T T S 3 F T F T 11.11 IMM IMI lit _. ._ ... c , t at 4 factIon eonb=Wr[00%1 ; t f r i t � ProJocl: Perk Avenue plaza Task ® Progress o Summary WmmmmmmmwW External Tasks ® Deadline L Date: Fit W61110 Split ,,... Milestone O PmAct Summery ExtemalMllestone G Critical SERPANOK CONSTRUCTION Page 5 e Mar r Jun Ju A S Oct NOV O n 1 Feb F TMFT &TM T FTS T FT FTS S F ES MF TS T• F S F TM TM to S%J I ` tre tor(60%] e iraetor(20 %] E r ov gh Carpenter craw.O.C. labor crew[2o%1 .0 labor crew(33 %],Plumbing contractor[33 %].Electric con =3 O C. concrete crew G.C. labor crew(10%1 O C. labor Craw a - ug h car r crew(S0%J.O.C. labor c 12041 • • C. labor crew(33 %j,PI ing eontraetor[33%].Electrl co traetor[33 %] G.C. concrete r craw(10 %] • O. crew O. . rough carpenter crew(SO% ,O.. labor crew(2O%J ♦ O.C. labor crew[33 %],Plum Ing contractor[33 %],Electric contraotor(33 %] (LC. concrete dow • O.C. labor c wo 10%) • i O C. h tar crow,O.C. labor crow(20 %) • G.C. la r i raw[33 %),Plumbing eontraetor(33 %],Eloctdc contractor(33 %1 • �rG.C. Mrata war labor crawJ10%) C. labor crew re r t r' on (33 %].Plumbing contraetor(33 %].ElaetHC contrsata433%1 C. ncrete crew .C. labor crow[10 %) It L O.C. tabor Crew Project: Park Avorwo Plaza Task Progress Summary External Tasks Deadbe r,• Data: fH t1f8110 SPW , , ... , ... , Milestone ♦ Project Summary � External Milestone G Catk:al irx tsar .r_rrr ;' SERPANOK CONSTRUCTION Page o Feb Mar A Ma Jun Jul Au t N D J n Fe TM' T S M Ti TMF S TM T TMF S S M T MF ST T. TS ! TM T T• TS ST FT ST T T cO.C. concrete crew • «Idasonry contractor ♦ Masonry contractorwMI Roofing tend for ling con War Roo Ing contractor VAC contractor Elevator con actor Elevator ontraclor for _.. — ♦ Plum ng contractor • Plum Ing contractor lumblrg contractor Electric contractor Electric contractor Elecbt ontracto► �.6lectrls contractor 7 VACc ontractor . , , .. �-HV tractor Wff contractor pignage contractor ♦ C. labor crew .C. superintendent ♦ EMvator contractor V O.C. suparintandent[M),O.C. project managementl5^1 ' T C. project msnagement(b0 1,04. supeNntendent[50%I .C. superintendentIM),O.C. project managementpMj Project: Park Avenue Plaza Task ® Progress Summary External Tasks ® Deadline r; Date: Fri 8/5►10 Spill , , , , , , , , ,, , , , , , , Milestone ♦ Project Summary G — zD External Milestone . Crilical ',:rxmrr sn7x� SERPANOK CONSTRUCTION Page 7 �v� F b I Mar I A J Jul A S t Nov De Jan fob S T TMf T T STM TS TM T S T F T FT TMFT T: FT TMFT TMFTS STM ♦ ♦ 0 . suWarden t[0%],O.C. I&W crowjO%],PIuMbIng contractor(g%].Electrk contraetor(o%].NVAC eontractor(0%].0"All coNif • O.C. project management Q . C. project management `♦ O.C. project managament[33 %],O.C. accounting[33 %],O.C. general managament[33 %] Project: Park Avenue Plaza Task Progress Summary ommmmmmEOW External Tasks ® Deadline Fi Date: Fri 6/6 110 Split Milestone ♦ Project Summary 6 External Milestone O Critical �:zz z.r: r m rsr♦ SERPANOK CONSTRUCTION Page a Park Avenue Plaza Exhibit B Contract Documents Park Avenue Plaza Contract Documents Sheet Document Issue Addendum Number Description Release Date PROJECT MANUAL --- - - - - -- Project Manual - City of Bremerton Park 01 15- Jul -10 Avenue Plaza Including Geotechnical Engineering Design 01 29- Jun -10 Study Park Avenue Plaza DRAWINGS ------- - - - - -- ARCHITECTURAL PLANS Cover sheet 01 15- Jul -10 A0.00 List of drawings. Project Team. General 01 15- Jul -10 Void see Add # 1 Information A.04 Building Summary 01 15- Jul -10 A1.02 Architectural Site Plan 01 15- Jul -10 A2.01 Plan Level P -1 01 15- Jul -10 A2.01W Plan Level 1 West 01 15- Jul -10 A2.02 Plan Level 2 01 15- Jul -10 A2.02W Plan Level 2 West 01 15- Jul -10 A2.02E Plan Level 2 East 01 15- Jul -10 A2.03 Plan Level 3 01 15- Jul -10 A2.03 W Plan Level 3 West 01 15- Jul -10 A2.03 E Plan Level 3 East . 01 15- Jul -10 A2.04 Plan Level 4 01 15- Jul -10 A2.04 E Plan Level 4 East 01 15- Jul -10 A2.05 Plan Level 5 01 15- Jul -10 A2.05 E Plan Level 5 East 01 15- Jul -10 A3.01 Exterior Elevations Phase 1 01 15- Jul -10 A3.02 Exterior Elevations 01 15- Jul -10 A3.11 Building Sections 01 15- Jul -10 A3.12 Building Sections 01 15- Jul -10 A3.21 - Wall Sections 01 15- Jul -10 A3.22 Wall Sections 01 15- Jul -10 A3.23 Wall Sections 01 15- Jul -10 A3.24 Wall Sections 01 15- Jul -10 A3.31 Enlarged elevations 01 15- Jul -10 A3.51 Enlarged plans and elevations 01 15- Jul -10 A4.01 Building Assemblies 01 15- Jul -10 A4.11 Details 01 15- Jul -10 A4.13 Details 01 15- Jul -10 A5.01 Enlarged plans and section - stair 1 and 01 15- Jul -10 elevator lobby A5.02 Enlarged plan and section - stair 2 stair 3 and 01 15- Jul -10 stair 4 A8.02 Door schedule 01 15- Jul -10 A9.01 W Ceiling plan Level 1 West 01 15- Jul -10 A9.02 W Ceiling plan Level 2 West 01 15- Jul -10 A9.02 E Ceiling plan Level 2 East 01 15- Jul -10 Page 1 / 5 Park Avenue Plaza Exhibit B Contract Documents Park Avenue Plaza Contract Documents Sheet Document Issue Addendum Number Description Release Date A9.03 E Ceiling plan Level 3 East 01 15- Jul -10 A9.04 E Ceiling plan Level 4 East 01 15- Jul -10 TEMPORARY SHORING PLANS SH1.0 Temporary shoring wall cover & shoring notes 01 15- Jul -10 SH1.1 Temporary shoring wall cover & shoring notes 01 15- Jul -10 SH2.0 Temporary shoring wall shoring plan 01 15- Jul -10 SH2.1 Temporary shoring wall shoring plan 01 15- Jul -10 SH2.2 Temporary shoring wall shoring plan 01 15- Jul -10 SH2.3 Temporary shoring wall shoring plan 01 15- Jul -10 SH3.0 Temporary shoring wall North A elevation 01 15- Jul -10 SH3.1 Temporary shoring wall East A elevation 01 15- Jul -10 SH3.2 Temporary shoring wall North B elevation 01 15- Jul -10 SH3.3 Temporary shoring wall North B elevation 01 15- Jul -10 SH3.4 Temporary shoring wall East B elevation 01 15- Jul -10 SH3.5 Temporary shoring wall South elevation 01 15- Jul -10 SH3.6 Temporary shoring wall South elevation 01 15- Jul -10 SH3.7 Temporary shoring wall South elevation 01 15- Jul -10 SH3.8 Temporary shoring wall East elevation 01 15- Jul -10 SH3.9 Temporary shoring wall pile and anchor 01 15- Jul -10 schedule SH3.10 Temporary shoring wall pile and anchor 01 15- Jul -10 schedule SH4.0 Temporary shoring wall cross sections 01 15- Jul -10 SH4.1 Temporary shoring wall cross sections 01 15- Jul -10 SH4.2 Temporary shoring wall design diagrams 01 15- Jul -10 SH5.0 Temporary shoring wall typical details 01 15- Jul -10 SH5.1 Temporary shoring wall typical details 01 15- Jul -10 SH5.2 Temporary shoring wall typical details 01 15- Jul -10 STRUCTURAL PLANS 50.01 General Structural notes 01 15- Jul -10 Void see Add # 2 52.01 W Plan Level 1 foundation plan west 01 15- Jul -10 S2.02 WM Plan Level 2 mild steel west 01 15- Jul -10 Void see Add # 2 52.02 WP Plan Level 2 P.T. slab west 01 15- Jul -10 S2.02 E Plan level 2 foundation plan 01 15- Jul -10 S2.03 WM Plan level 3 mild steel west 01 15- Jul -10 Void see Add # 2 52.03 WP Plan level 3 P.T. slab west 01 15- Jul -10 S2.03 EM Plan level 3 mild steel east 01 15- Jul -10 52.03 EP Plan level 3 P.T. slab east 01 15- Jul -10 S2.04 EM Plan level 4 mild steel east 01 15- Jul -10 S2.04 EP Plan level 4 P.T. slab east 01 15- Jul -10 S2.05 EM Plan level 5 mild steel east 01 15- Jul -10 Void see Add # 2 S2.05 EP Plan level 5 P.T. slab east 01 15- Jul -10 52.06 Elevator plans & details 01 15- Jul -10 Void see Add # 2 S2.07A Alternate partial plan level 1 fnd level 2 p.t. 01 15- Jul -10 Void see Add # 2 plan S3.01 Slab on grade and foundation details 01 15- Jul -10 Void see Add # 2 S3.02 Slab on grade and foundation details 01 15- Jul -10 Void see Add # 2 Page 2 / 5 Park Avenue Plaza Exhibit B Contract Documents Park Avenue Plaza Contract Documents Sheet Document Issue Addendum Number Description Release Date 54.01 Shearwall elevations 01 15- Jul -10 Void see Add # 2 S4.02 Masonry details 01 15- Jul -10 Void see Add # 2 S5.01 P.T. details 01 15- Jul -10 S5.02 P.T. details 01 15- Jul -10 Void see Add # 2 PLUMBING PLANS P0.01 Schedules plumbing 01 15- Jul -10 P20OW Foundation west - plumbing 01 15- Jul -10 P2.01W Plan level P -1 west - plumbing 01 15- Jul -10 P2.01E Plan level P -1 east - plumbing 01 15- Jul -10 P2.02W Plan level P -2 west - plumbing 01 15- Jul -10 P2.02E Plan level P -2 east - plumbing 01 15- Jul -10 P2.03W Plan level P -3 west - plumbing 01 15- Jul -10 P2.03E Plan level P -3 east - plumbing 01 15- Jul -10 P2.04E Plan level P -4 east - plumbing 01 15- Jul -10 P2.05E Plan level 5 east - plumbing 01 15- Jul -10 P6.01 Details plumbing 01 15- Jul -10 HVAC PLANS M0.01 Schedules HVAC 01 15- Jul -10 M2.01W Plan level P -1 west - HVAC 01 15- Jul -10 M2.02W Plan level P -2 west - HVAC 01 15- Jul -10 M2.02E Plan level P -2 east - HVAC 01 15- Jul -10 M2.03W Plan level P -3 west - HVAC 01 15- Jul -10 M2.03E Plan level P -3 east - HVAC 01 15- Jul -10 M2.04E Plan level P -4 east - HVAC 01 15- Jul -10 M6.01 Details - HVAC 01 15- Jul -10 ELECTRICAL PLANS E0.01 Panel schudles and one -line diagram 01 14- Jul -10 E2.01 Parking floor 1 overall power /lighting layout 01 14- Jul -10 E2.01W Parking floor 1 enlarged west power /lighting 01 14- Jul -10 layout E2.02 Parking floor 2 overall power /lighting layout 01 14- Jul -10 E2.02W Parking floor 2 enlarged west power /lighting 01 14- Jul -10 layout E2.02E Parking floor 2 enlarged east power /lighting 01 14- Jul -10 layout E2.03 Parking floor 3 overall power /lighting layout 01 14- Jul -10 E2.03W Parking floor 3 enlarged west power /lighting 01 14- Jul -10 layout E2.03E Parking floor 3 enlarged east power /lighting 01 14- Jul -10 layout E2.04 Parking floor 4 overall power /lighting layout 01 14- Jul -10 E2.04E Parking floor 4 enlarged east power /lighting 01 14- Jul -10 layout ADDENDUMS ---------------- - - - - -- ADDENDUM *1 Page 3 / 5 Park Avenue Plaza Exhibit B Contract Documents Park Avenue Plaza Contract Documents Sheet Document Issue Addendum Number Description Release Date Addendum # 1 - 9 (8 1/2 x 11) sheets issued 01 21- Jul -10 Add # 1 Drawings issued with Addendum # 1 ARCHITECTURAL PLANS A0.00 List of drawings. Project Team. General 01 21- Jul -10 Add # 1 Information CIVIL PLANS CV -1.0 Cover sheet 01 19- Jul -10 Add # 1 D -1.0 Demolition and TESC plan 01 19- Jul -10 Void see Add # 2 D -1.1 TESC notes 01 19- Jul -10 Void see Add # 2 D -1.2 TESC details 01 19- Jul -10 Add # 1 C -2.0 Paving, grading and drainage plan 01 19- Jul -10 Add # 1 C -2.1 Paving, grading and drainage notes and details 01 19- Jul -10 Add # 1 C -2.2 Site and paving details 01 19- Jul -10 Add # 1 C -2.3 Site and paving details 01 19- Jul -10 Add # 1 C -2.4 Drainage details 01 19- Jul -10 Add # 1 C -2.5 Drainage details 01 19- Jul -10 Add # 1 C -2.6 Drainage details 01 19- Jul -10 Add # 1 C -3.0 Sanitary sewer and water plan 01 19- Jul -10 Add # 1 C -3.1 Sanitary sewer and water notes 01 19- Jul -10 Add # 1 C -3.2 Water details 01 19- Jul -10 Add # 1 C -3.3 Water details 01 19- Jul -10 Add # 1 C -3.4 Sanitary sewer details 01 19- Jul -10 Add # 1 C -3.5 Sanitary sewer details 01 19- Jul -10 Add # 1 1 of 1 City of Bremerton - survey signed 7 -2 -10 01 2- Jul -10 Add # 1 1 of 1 City of Bremerton - topography unsigned 01 15- Jul -10 ADDENDUM # 2 Addendum # 2 - 19 (8 1/2 x 11) sheets issued 01 21- Jul -10 Add # 2 Drawings issued with Addendum # 2 CIVIL PLANS D -1.0 Demolition and TESC plan 01 29- Jul -10 Add # 2 C -2.0 Paving, grading and drainage plan 01 29- Jul -10 Add # 2 STRUCTURAL PLANS S0.01 General Structural notes 01 29- Jul -10 Add # 2 S2.02 WM Plan Level 2 mild steel west 01 29- Jul -10 Add # 2 52.03 WM Plan level 3 mild steel west 01 29- Jul -10 Add # 2 S2.05 EM Plan level 5 mild steel east 01 29- Jul -10 Add # 2 S2.06 Elevator plans & details 01 29- Jul -10 Add # 2 S2-07A Alternate partial plan level 1 fnd level 2 p.t. 01 29- Jul -10 Add # 2 plan S3.01 Slab on grade and foundation details 01 29- Jul -10 Add # 2 S3.02 Slab on grade and foundation details 01 29- Jul -10 Add # 2 S3.03 Details 01 29- Jul -10 Add # 2 S4.01 Shearwall elevations 01 29- Jul -10 Add # 2 S4.02 Masonry details 01 29- Jul -10 Add # 2 S5.02 P.T. details 01 29- Jul -10 Add # 2 PLUMBING PLANS Page 4 / 5 Park Avenue Plaza Exhibit B Contract Documents Park Avenue Plaza Contract Documents Sheet Document Issue Addendum Number Description Release Date P0.01 Schedules plumbing 01 28- Jul -10 Add # 2 P20OW Foundation west - plumbing 01 28- Jul -10 Add # 2 P2.01W Plan level P -1 west - plumbing 01 28- Jul -10 Add # 2 P2.01E Plan level P -1 east - plumbing 01 28- Jul -10 Add # 2 P2.02W Plan level P -2 west - plumbing 01 28- Jul -10 Add # 2 P2.02E Plan level P -2 east - plumbing 01 28- Jul -10 Add # 2 P2.03W Plan level P -3 west - plumbing 01 28- Jul -10 Add # 2 P2.03E Plan level P -3 east - plumbing 01 28- Jul -10 Add # 2 P2.04E Plan level P -4 east - plumbing 01 28- Jul -10 Add # 2 P2.05E Plan level 5 east - plumbing 01 28- Jul -10 Add # 2 P6.01 Details plumbing 01 28- Jul -10 Add # 2 ADDENDUM # 3 Addendum # 3 - 24 (8 1/2 x 11) sheets issued 01 4- Aug -10 Add # 3 No drawings issued with Addendum # 3 ADDENDUM # 4 Addendum # 4 - 1 (8 1/2 x 11) sheet issued 01 4- Aug -10 Add # 4 No drawings issued with Addendum # 4 Page 5 / 5 #*,UA Document A312'" -1984 Payment Bond CONTRACTOR (Name, Legal Status SURETY (Name, Legal Status and and Address): Principal Place of Business): OWNER (Name, Legal Status and Address): This document has Important Brea ert legal consequences. Street. Suite 600 Consultation with an attorney Bremerton. WA 98337 is encouraged with respect to its completion or moll ication. CONSTRUCTION CONTRACT Any singular reference to Date: Contract, Surety, Owner or other Amount: $ party shall be considered plural Description (Name and Location): where applicable. Park Avenue Plaza Garage Burwell and Park Avenue BOND Date Not earlier than Construction Contract Date): Amount: $ Modifications to this Hated: Q None See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company. (Corporate Seal) Company. (Corporate Seal) Signature: Signature: Name and Name and Title: Title: (Any additional signahow appear on the last page) (FOR INFORMATION ONLY -Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect Engineer orotherparty): Lorax Partners LLC 810 3 rd Ave. Suite 220 Seattle, WA 98104 AtA Document A312"' —1884 Payment 13orrd. The American tnstihrte of An httects. Aa Agftb reserved. WARNING: This AIA Document lo prolacted by U.B. Copyright Law and International Trestles. Unauthorized reproduction or distrlbutfon of thh AIA Document, or any portion of lt, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:38:13 on 07114/2010 under Order No.7917442317 1 which expires on 11129=10. and Is not for resale. User Notes: (940170714) § I The Contractor and the Surety, jointly and severally bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment famished for use in the performance of the Construction Contract, which is incorporated herein by reference. § 2 With respect to the Owner, this obligation shall be null and void if the Contractor: § 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and § 2.2 Defends, indemni5ea and holds harmless the Owner from claims, demands, lions or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the perfarm cc of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Section 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to'Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. § 4 The Surety shall have no obligation to Claimants under this Bond until: § 4.1 Claimants who are employed by or have a direct contract with the Contractor haw given notice to the Surety (at the address described in Section 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. § 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thawt; to the Owner, within 90 days after having last performed labor or last famished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or pafo m4 and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly, and .3 Not having been paid within the above 30 days, have cent a written notice to the Surety (at the address described in Section 12) and sent a copy, or notice thereof; to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice fiurnidred to the Contractor. § S If a notice required by Section 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 1 6 When the Claimant has satisfied the conditions of Section 4, the Surety shall promptly and at the Surety's expense take the following actions: $ 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after reoeipt of the'claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. § 6.2 Pay or arrange for payment of any undisputed amounts. § 7 The Surety's total obligation shall not exceed the amount of this Band, and the amount of this Bond shall be oredited for any payments made in good faith by the Surety. 1 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all f nuts earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the fiords for the completion of the wank. 1 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor 69 on tmrdaW to dw Construction Contract. The Owner shall not be liable f'br payment of any casts or expenses of any Claimant under this Bond, and dhall have under this Bond no obligations to make payments to, give notices on behalf of; or otherwise have obligations to Claimants under this Bond. MA ooaamat A312° - tees payn"M those. The Amwlm trmsMae a AMNW ts. An dots rasnwd. WMNM: Tone rot• DovAWM a PMt.a d by U.B. Copvd& law wet dal Treadm Unauaralae I reproduction or distr*unoe o /fhb AW Doaimsak a any potion ee o may -wa 1n 2 Severe "end er mkW pernaUs, and wM be proseeuUd to the ms:dmum extant posalbto under the bw. This dmmerd was prodsoed hY AtA aelerare 08:3813 on 07H4FM0 under Order NcLM7444317_1 eAdch saph es an 111!814010, and le rot ffw roee�. fgq�y0r14) § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Section 4.1 or Section 4.13, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were f wais>hed by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address mown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. § 13 When this Bond has been famished to comply with a statutory or other legal requirement in the location where the condom was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted hereliom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly firrnish a copy of this Bond or shall permit a copy to be made. § 15 DERNMONS § 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to famish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were famished. § 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. § 153 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. § 16 NODIMATIONS TO THIS BOND ARE AS FOLLOWS: ()ace is provided below for additional signatures of added parties, other than dam appearing on the couch page.) CONTRACTOR AS PRINCIPAL SURETY Company. (Corporate Seat) Company. (corporate Seal) Signatum: Signature: Name and Title: Name and Title: Address: Address: MA Doeunwnt A312- —1994 Papsont Bono The American Ineftito of Arcliaecls. Aa ripfde nerved. ARNING: This A10 Doctored b protum by U.S. Copye4M law and Intw atlonsl Tantln. Unnuarofted nProdectim or dlstrbuaon of this AIA Doarmart or any pow of a, n" runner In 3 seven eha and Criminal pensip". and vela be prosewted to the ma jonon rodent pie wider the taw. Thfs doaanent was prodund by AIA so ore User 0026-13 an 07114=0 under Order t#ta1917442317_l w etch e*m an 11=0106 mW to not for neafe. (940170714) f 13 MOMFICAYM 70 THIS SM ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTORAS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Nance and Title: Name and Title: Address: Address: AIA Document A312m — loft Performance Bard. The American Institute of Ancldlects. All rights reserved. WARNING: This AIA'' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AtA Document, or any portion of it, may result in 4 severe civil and criminal penalties, and wilt he prosecuted to the maximum extent possible under the law. This document was produced by AIA soilware at 0836:31 on 07/142010 under Order No.7917442317 1 vAdch expires on 11292W 0, and is not for resale. User Notes: (1364584800) CITY OF BREMERTON BID TABULATION BITDLE: Park Avenue Plaza Project OPENED Alyce Fierro DATE August 5, 201 TIME 3:00 PM RECORDED Carol Etgen OPENED: OPENED: BY: NAME OF BIDD R BOND BASE BID - h21m � 3 rt � J I � TT SUMMARY APPARENT LOW BIDDER Engineer's Estimate: SECOND LOW BIDDER -1' THIRD LOW BIDDER Lai THE CITY OF PRIDE A;N;D OPPORYUNITY Budget Status Report Month Ending July, 2010 REVENUES - GENERAL FUND BUDGET ESTIMATE & ACTUAL RECEIPTS Month Ending July 31, 2010 BUDGETED YTD ACTUAL YTD % GENERAL FUND REVENUE SOURCE REVENUE REVENUE COLLECTED BALANCE TAXES PROPERTY 7,549,000 4,058,111 53.76% 3,490,889 SALES 6,121,000 3,437,534 56.16% 2,683,466 B & O 2,728,000 1,721,605 63.11% 1,006,395 UTILITY 4,581,000 2,896,941 63.24% 1,684,059 OTHER 858,000 567,109 66.10% 290,891 SUB -TOTAL TAXES 21,837,000 12,681,300 58.07% 9,155,700 LICENSES & PERMITS 883,000 450,191 50.98% 432,809 INTERGOVERNMENTAL 2,571,800 1,677,761 65.24% 894,039 CHARGES FOR SERVICES 3,914,100 2,234,590 57.09% 1,679,510 FINES & FORFEITURES 1,255,000 733,365 58.44% 521,635 MISCELLANEOUS , 535,000 500,812 93.61% 34,188 INTERFUND & OTHER FIN. 4,137,000 2,557,628 61.82% 1,579,372 TOTAL GENERAL FUND 35,132,900 20,835,647 59.31% 14,297,253 Note: Time Elapsed 58.33% REVENUES - GENERAL FUND BY MONTH 5,000,000 4,500,000 4,000,000 - 3,500,000 3,000,000 -- 2,500,000 2,000,000 — 1,500,000 1,000,000 500,000 0 1 2 3 4 5 6 7 8 9 10 11 12 132007 3,151,772 2,349,068 2,022,521 2,523,463 4,158,763 2,548,591 2,273,329 2,040,069 1,599,438 2,432,274 4,197,239 3,025,809 172008 3,366,784 2,279,611 1,996,278 2,438,189 4,529,536 2,526,058 2,470,077 2,072,652 1,850,675 2,586,105 4,212,099 2,792,333 02009 2427,204 2,109,713 2,543,524 3,955,032 4,944,734 2,489,995 2,422,153 2,086,087 2,252,478 2,648,979 4,158,250 3,851,636 02010 2550,670 2,328,472 2,688,987 2,791,320 4,601,733 3,007,551 2,449,618 Note: March 2009 revenue includes a one -time audit recovery of $550, 000. March 2010 includes a one -time transfer from Contingency Reserve and abatement judgment proceeds totaling $540,000. EXPENDITURES - GENERAL FUND BY DEPARTMENT D CiD4Cf 00o Month Ending July 31, 2010 ANNUAL YTD BUDGETED ACTUAL % DEPARTMENT EXPENDITURES EXPENDITURES EXPENDED BALANCE CITY COUNCIL 314,500 190,088 60.44% 124,413 EXECUTIVE 408,000 236,286 57.91% 171,714 FINANCIAL SERVICES 1,296,400 686,024 52.92% 610,376 LEGAL 994,200 584,078 58.75% 410,122 HUMAN RESOURCES 348,700 152,838 43.83% 195,862 COMMUNITY DEVELOPMENT 1,296,596 659,838 50.89% 636,758 MUNICIPAL COURT 1,368,445 789,346 57.68% 579,099 CITY AUDITOR 158,400 90,280 56.99% 68,120 POLICE DEPARTMENT 10,855,948 6,820,747 62.83% 4,035,201 FIRE DEPARTMENT 7,996,457 4,876,561 60.98% 3,119,896 POLICE & FIRE PENSION 2,701,000 1,450,484 53.70% 1,250,516 GENERAL FACILITIES 767,294 399,554 52.07% 367,740 PARKS & RECREATION 2,964,750 1,875,668 63.27% 1,089,082 ENGINEERING 258,694 230,962 89.28% 27,732 MISCELLANEOUS NON-DEPARTMENTAL 3,332,000 1 2,142,493 64.30 1,189,507 TOTAL 35,061,384 21,185,245 60.42% 13,876,139 NOTE: Time Elapsed 58.33 %. 3 , REVENUES - ALL FUNDS Month Ending July 31, 2010 aoQO ov o' • O TOTAL YTD BUDGETED ACTUAL YTD % FUNDS REVENUES REVENUES RECEIVED GENERAL 35,132,900 20,835,647 59.31% ARTERIAL STREET 3,384,000 145,694 4.31% STREET 2,353,000 1,436,034 61.03% CONTINGENCY RESERVE 15,000 4,895 32.63% LODGING TAX 411,000 160,384 39.02% PARKING SYSTEM 1,254,000 669,675 53.40% CDBG 1,525,164 311,678 20.44% ABATEMENT REVOLVING 3,000 6,002 200.05% POLICE SPECIAL PROJECTS 128,000 155,704 121.64% PUBLIC ACCESS TELEVISION 322,000 247,080 76.73% GIFT & DONATION FUND 8,000 10,749 134.36% TRIAL IMPROVEMENT 24,000 17,554 73.14% ONE PERCENT FOR ART 22,000 1,539 7.00% CONFERENCE CENTER OPER. 1,555,500 626,669 40.29% BOND FUND 1,164,700 627,881 53.91% PARK PLAZA DEBT 0 0 N/A PUBLIC SAFETY BOND 1,550,000 1,553,557 100.23% HARBORSIDE PLAZA & COMMONS 1,239,863 1,242,517 100.21% PARK PLAZA CONSTRUCTION 8,500,000 5,062,715 59.56% GEN GOVT CAPITAL IMP 450,000 257,133 57.14% PARK FACILITIES CONST. 2,020,000 509,915 25.24% BOARDWALK PROJECT 1,350,000 42,265 3.13% WATER UTILITY 14,370,000 6,997,860 48.70% GOLD MTN GOLF COMPLEX 2,377,500 1,456,473 61.26% WASTEWATER UTILITY 18,676,000 11,078,767 59.32% STORMWATER UTILITY 2,067,000 1,282,562 62.05% RISK MANAGEMENT 1,415,400 818,024 57.79% ER &R OPERATIONS 1,888,000 1,147,671 60.79% ER &R RESERVES 1,339,500 1,031,956 77.04% INFORMATION TECHNOLOGY 1,000,000 591,522 1 59.15% TOTAL ALL FUNDS 105 545,527 58,330,119 55.27% Note: Time Elapsed 58.33 %. EXPENDITURES - ALL FUNDS Month Ending July 31, 2010 a000 00 o o TOTAL YTD BUDGETED ACTUAL YTD % FUNDS EXPENDITURES EXPENDITURES EXPENDED GENERAL 35,061,384 21,185,245 60.42% ARTERIAL STREET 4,228,000 873,164 20.65% STREET 2,425,671 1,316,741 54.28% CONTINGENCY RESERVE 250,000 250,000 100.00% LODGING TAX 410,000 171,361 41.80% PARKING SYSTEM 1,308,000 669,321 51.17% CDBG 1,320,000 337,080 25.54% ABATEMENT REVOLVING 77,000 720 0.94% POLICE SPECIAL PROJECTS 504,700 229,799 45.53% PUBLIC ACCESS TELEVISION 316,448 145,288 45.91% GIFT & DONATION FUND 9,700 2,154 22.20% TRIAL IMPROVEMENT 52,000 0 0.00% ONE PERCENT FOR ART 60,000 16,347 27.25% CONFERENCE CENTER OPER: 1,551,000 680,463 43.87% BOND FUND 1,178,350 269,130 22.84% PARK PLAZA DEBT 0 0 N/A PUBLIC SAFETY BOND 2,467,800 1,936,634 78.48% HARBORSIDE PLAZA & COMMONS 1,247,000 1,449,285 116.22% PARK PLAZA CONSTRUCTION 8,500,000 325,310 3.83% GEN GOVT CAPITAL IMP 286,000 123,095 43.04% PARK FACILITIES CONST. 2,146,200 230,196 10.73% BOARDWALK PROJECT 1,285,000 242,786 18.89% WATER UTILITY 16,431,101 6,146,968 37.41% GOLD MTN GOLF COMPLEX 2,318,093 1,076,618 46.44% WASTEWATER UTILITY 20,470,915 11,647,996 56.90% STORMWATER UTILITY 2,742,169 1,126,902 41.10% RISK MANAGEMENT 1,615,400 849,002 52.56% ER &R OP ERATIONS 1,860,700 915,292 49.19% ER &R RESERVES 473,000 125,040 26.44% INFORMATION TECHNOLOGY 1,096,449 509,269 46.45% TOTAL ALL FUNDS 111,692,080 52,851,207 47.32% Note: Time Elapsed 58.33 %. CASH FLOW ACTIVITY - ALL FUNDS Month Ending July 31, 2010 aa4© o0 BEGINNING ENDING FUND CASH AND CASH AND INVESTMENTS RECEIPTS DISBURSEMENTS INVESTMENTS 001 GENERAL 1,582,702 3,604,878 4,049,456 1,138,123 101 ARTERIAL STREET 1,191,819 30,694 41,336 1,181,177 102 STREET 234,760 283,275 273,181 244,854 103 CONTINGENCY RESERVE 1,004,201 902 0 1,005,103 104 CIVIC IMPROVEMENT 2,875 27,255 7,500 22,630 105 PARKING SYSTEM REVENUE 394,111 63,530 135,727 321,915 106 COMMUNITY DEV. BLOCK GRANT 462,196 46,597 36,990 471,803 108 ABATEMENT REVOLVING 240,840 2,491 175 243,156 110 POLICE SPECIAL PROJECTS 1,112,779 3,015 31,364 1,084,431 113 PUBLIC ACCESS TELEVISION 40,298 76,450 29,412 87,336 114 GIFT AND DONATION 81,622 3,848 590 84,880 116 TRIAL IMPROVEMENT FUND 78,237 70 0 78,307 117 ONE PERCENT FOR THE ARTS 72,775 65 0 72,841 120 CONFERENCE CENTER OPS. 500,759 39,270 57,383 482,647 201 BOND FUND 591,692 27,237 0 618,929 302 PUBLIC SAFETY PROJECTS 734,908 2,485 67,136 670,256 304 HARBORSIDE PLAZA & COMMON (166,047) 229,122 17,220 45,856 305 PARK PLAZA CONSTRUCTION 4,860,081 2,053 123,993 4,738,141 308 GEN. GOVT CAP. IMP 122,778 39,023 17,500 144,302 310 PARK FAC. CONSTRUCTION 818,046 115,093 43,773 889,365 311 BOARDWALK PROJECT 78,425 _ 70 41,015 37,481 401 WATER UTILITY 3,423,287 2,513,848 2,090,512 3,846,623 407 GOLD MOUNTAIN GOLF COURSE 487,310 810,360 478,918 818,751 451 WASTEWATER UTILITY 4,572,205 1,762,101 4,190,643 2,143,663 481 STORMWATER UTILITY 2,088,735 190,171 221,925 2,056,981 503 RISK MANAGEMENT 1,429,463 116,147 41,679 1,503,931 509 EQUIPMENT MAINTENANCE 610,896 172,594 153,312 630,177 510 EQUIPMENT RENTAL R &R 5,366,122 17,566 168 5,383,520 511 INFORMATION TECHNOLOGY 410,577 112,441 89,661 433,357 641 SALARY CLEARING 53,631 2,179,312 2,068,739 164,204 643 ADMINISTRATIVE TRUST 160,092 139,569 138,982 160,679 645 WATER /SEWER CLEARING 784 1,809,448 1,810,307 75 TOTAL ALL FUNDS 32,642,961 14,420,981 16,258,596 30,805,346 The "Cash Flow Activity - All Funds" report provides an overview of the actual cash receipts and disbursements for the month reported for each City fund. The cash flows in a given period will be different than the monthly "Revenues /Expenditures - All Funds" because the disbursements and receipts on a cash flow basis will include payments that relate to prior period receivable and payable balances. The Cash Flow Activity reports show the actual cash impacts for any given month and provides the user with information to assess the adequacy of cash balances and liquidity at a given point of time. CASH FLOW - GENERAL FUND Month Ending July 31, 2010 DEC JAN FEB MAR I APR I MAY JUN JUL I AUG SEP OCT NOV DEC RECEIPTS 3,799,756 3,390,566 3,845,567 1 5,813,739 1 5,700,549 1 4,052,627 1 3,604,876 DISBURSEMENTS 4,502,684 1 3.850,6851 4,011,051 1 6,401,976 1 3,952,760 1 4,281,1821 4,049,456 CASHIINVEST 1,980,236 1 1,277,308 1 817,1891 651,7051 63,468 1 1,811 1.582,7021 1,138,124 CASH FLOW CHART 2010 2,000,000 1,811,257 1,578,834 1,582,702 1,500,000 1,278,186 277,308 1,358,662 ,138,124 1,162,786 1 1,000,000 994'125 Inaslz 1,036,720 817,189 Q3,468 500,000 a50,3 z8 412,309 0 (359,757) 407,511) (500,000) (703,675) (1,000,000) JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC --*— Projected — Fgctual CASH AND INVESTMENT INVENTORY Month Ending July 31, 2010 aooc� o0 BOOK FINAL INVESTMENTS FUND VALUE COST YIELD MATURITY BANK OF NEW YORK - SAFEKEEPING US TREASURY 912828LG3 POOLED 2,003,040 1,992,813 1.18% 7/31/2011 JP MORGAN CHASE FDIC TLG POOLED 2,069,960 2,090,200 0.84% 12/1/2011 FHLB 3133XVQL8 POOLED 2,010,420 2,010,420 0.77% 12/9/2011 FFCB 31331GNQ8 POOLED 2,045,378 2,045,378 1.08% 4/24/2012 FFCB 31331.16,11 POOLED 1,999,500 1,999,500 2.01% 1/14/2013 TOT. BANK OF NY - SAFEKEEPING 10,128,298 10,138,311 WA.STATE - LOCAL GOVT INVEST. POOL GENERAL GOVERNMENT POOLED 6,356,971 0.27% 2010 LTGO BOND PROCEEDS 5,484,231 0.27% w HELD BY CITY: CITY OF BREMERTON 2009 LTGO POOLED 5,373,000 5,373,000 3.87% 12/31/2028 TOTAL INVESTMENTS 27,342,500 CASH: BANK OF AMERICA: GENERAL ACCOUNT POOLED 1,012,629 OLD BHA BLOCK GRANT 106 89,949 BLOCK GRANT BLOCK GRANT 106 182,686 CONFERENCE CENTER OPERATIONS CONF. CTR. OPS. 410 382,772 GOLD MOUNTAIN GOLF COURSE 407 1,385,253 COURT TRUST ACCOUNT GENERAL FUND 001 2,549 WORKERS COMP DISABILITY RISK MANAGEMENT 503 10,000 BPD SEIZURE ACCOUNT 53,849 KITSAP CO TREAS- PENSION 25,000 KITSAP BANK: PARKING 290,389 IMPREST ACCOUNTS GENERAL GOVERNMENT 27,770 TOTAL CASH 3,462,846 TOTAL CASH AND INVESTMENTS 30,805,346 0 Memorandum To: City Council From: Patty Lent, Mayor Cathy Johnson, Interim Director of Financial Services Re: Questionnaire in Preparation for the 2011 Budget Daft: August 4, 2010 2011 is anticipated to be another challenging year for the City budget; particularly for the City's General Fund. Personnel costs comprise over 70% of the General Fund's operating budget and medical premiums are expected to increase 15% in the upcoming year. Real estate transactions and related support industries continue to suffer from significant declines in both volume and prices. Consumer spending and confidence continues to be at 2005 levels which has greatly reduced sales tax revenue. All of these in combination with other revenue reductions are expected to place significant pressure on both the availability of revenues to support budget expenditures, and how much each budget dollar will provide. Recognizing these challenges, we need your thoughts on priorities for the City so that we can present to City Council a budget that is balanced, continues to advance the City's goals and objectives, while addressing the fundamental issues and services. The following informational survey is designed to help organize and facilitate the discussion of budget priorities and expectations for the upcoming 2011 budget. Data from this survey will be tabulated, summarized, and provided to you at the August 11, 2010 City Council Study Session. The administration will take into consideration the feedback provided by the survey regarding budget priorities and expectations as staff begins the hard work in preparing a budget that provides appropriate levels of service for our citizens, and abides by the expectations for good financial stewardship. Please complete the following "2011 Budget Priorities and Expectations" survey / questionnaire and return it to Lori Smith, by no later than 5pm on Monday August 9, 2010. i; CITY OF BREMERTON City Council Survey _a' n 2011 Budget Priorities/ Expectations Survey Response From: For each of the following items, please rank them in priority. Please only select one ranking for each line item. Extremely Extremely Low Low Medium High High No Priority Priority Priority Priority Priority Opinion Accounting and financial services ❑ ❑ ❑ ❑ ❑ ❑ Adequate Fund Balance ❑ ❑ ❑ ❑ ❑ ❑ Administrative support for CDBG program ❑ ❑ ❑ ❑ ❑ ❑ Adult recreation programs ❑ ❑ ❑ ❑ ❑ ❑ City website ❑ _ ❑ ❑ ❑ ❑ ❑ Communications and outreach ❑ ❑ ❑ ❑ ❑ ❑ Claims and risk management ❑ ❑ ❑ ❑ ❑ ❑ Code enforcement ❑ ❑ ❑ ❑ ❑ ❑ Community event support ❑ ❑ ❑ ❑ ❑ ❑ Community planning ❑ ❑ ❑ ❑ ❑ ❑ Economic development ❑ ❑ ❑ ❑ ❑ ❑ Employee benefits management ❑ ❑ ❑ ❑ ❑ ❑ Engineering services - infrastructure & traffic ❑ ❑ ❑ ❑ ❑ ❑ Fire emergency suppression response ❑ ❑ ❑ ❑ ❑ ❑ Fire prevention and investigation ❑ ❑ ❑ ❑ ❑ ❑ Fire rescue and emergency medical ❑ ❑ ❑ ❑ ❑ ❑ Information technology support ❑ ❑ ❑ ❑ ❑ ❑ Internal audit ❑ ❑ ❑ ❑ ❑ ❑ Labor management and negotiations ❑ ❑ ❑ ❑ ❑ ❑ Legal defense and prosecution ❑ ❑ ❑ ❑ ❑ ❑ Maintenance of City buildings & properties ❑ ❑ ❑ ❑ ❑ ❑ Municipal court services ❑ ❑ ❑ ❑ ❑ ❑ Park maintenance ❑ ❑ ❑ ❑ ❑ ❑ Plan review and permitting processes ❑ ❑ ❑ ❑ ❑ ❑ Police community outreach ❑ ❑ ❑ ❑ ❑ ❑ Police crime investigation ❑ ❑ ❑ ❑ ❑ ❑ Police emergency response ❑ ❑ ❑ ❑ ❑ ❑ Police patrol ❑ ❑ ❑ ❑ ❑ ❑ Pothole repairs ❑ ° ❑ ❑ ❑ ❑ ❑ Residential parking ❑ ❑ ❑ ❑ ❑ ❑ Snow removal services ❑ ❑ ❑ ❑ ❑ ❑ Staff training and development 11 ❑ ❑ ❑ ❑ ❑ CITY OF BREMERTON �i City Council Survey �s tY Y 2011 Budget Priorities / Expectations Street electronics maintenance /repairs ❑ ❑ ❑ ❑ ❑ ❑ Street repaving /maintenance ❑ ❑ ❑ ❑ ❑ ❑ Upgrades to existing Parks ❑ ❑ ❑ ❑ ❑ ❑ Youth recreation programs ❑ ❑ ❑ ❑ ❑ ❑ Other (please describe and then rank) ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 2. Looking at the list from question 1, pick three items from this list that you feel have the highest priority in receiving budget dollars. Top Three Priority Items from List in Question 1: Priority Item 1 Priority Item 2 Priority Item 3 2.A. Should the City consider additions to personnel that impact the General Fund budget in 2011? Only if additional revenues can be identified or provided /or expenses cut - to support ❑ Yes, if in certain work areas. (please answer part B. to this question) ❑ Yes, if required to support City Council Goals ❑ No, additions to personnel impacting the General Fund in 2011 should not occur. ❑ 2.13. If you answered "Yes, if in certain work areas" to question 2.A. above; please indicate which work areas below. Skip this question if it does not apply to your response to 2.A. above. Dept/Work Area Dept/Work Area DepVWork Area CITY OF BREMERTON City ouncil Su rvey Y 2011 Budget Priorities / Expectations =N�E� 3.A. If cuts must be made to the budgets submitted by City staff in order to balance to projected available resources, I would prefer that they be made by: (please select all that apply) Across the Board Percentage Reductions (i.e. everyone reduce 5 %) * ❑ Specific Activities or Programs Be Reduced or Eliminated (please answer question 3.6.) ❑ Purchases and Outside Services Held to No Increase - Unless Legally /Contractually Obligated ❑ Purchases and Outside Services Held to No Increase - Unless Revenues Added Or Other Costs ❑ Lowered Other (please describe): ❑ • It should be noted that while proportionately burdensome - this impacts larger budgets such as police and fire with much greater reduction demands 3.B. If you indicated in question 3.A. that specific activities or programs be reduced or eliminated, please explain which ones in the area provided below. -^ CITY OF BREMERTON City Council Sur tY ;y ,Z� - �. C 2011 Budget Priorities / Expectations 4. The 2010 / 2011 City Council Suggested Goals are listed below. They are NOT listed in order of importance or priority. For each goal or action step, please tell us if you think the City should devote more effort than now, the same effort as now, or less effort than now toward achieving it. Please mark the box that best represents your opinion on each Council goal. More Same Less No Effort Effort Effort Opinion Basic;Servicefunding: = >. El t P vin = = Stree a Basic Service Funding: - Public Safety ❑ ❑ ❑ ❑ Building -and- Support'of'the: Voters_': wj El ❑ ❑ - Economic Development ❑ ❑ ❑ ❑ Annexation >and m 'n' - Im p le entatio Facilities / Property Management ❑ ❑ ❑ ❑ Affordable:Housin 'hHome Ownershi . - Energy Policy ❑ ❑ ❑ ❑ Review'of-'Co_uncil,Policies Develop a Legislative Agenda ❑ ❑ ❑ ❑ Miscellaheou }y ° w Inte'ns• eb. a'es .data - mi m er of art -tim .f 'r locals _ - _ CITY OF BREMERTON _ City Council Survey kp 2011 Budget Priorities I Expectations 4.A. If you think that the City should devote more effort toward achieving any of the Council Goals / Action Steps, please tell us how you think the City should pay for the increased effort. Please mark any of the boxes that reflect your preference. New or Increased Taxes ❑ New or Increased Fees ❑ Reduce Efforts to Achieve Other Strategic ❑ (Please Answer Part B. To This Question As Well) Priorities Other (Please Describe) ❑ 4.13. If you think that the City should reduce efforts to achieve other Council Goals / Action Steps, please tell us which goal(s) you think should receive less effort. Please mark any Council Goal /Action Step that you think should receive "less effort" Basic;Service `Funding - Street.: Facilities,- Proper -.- " - IT .: ❑ Basic Service Funding - Public Safety Affordable Housing / Home ownership El BuildingTrust and;Support -of -Voters RevieW Policies 0 Economic Development Energy Policy ❑ ❑ Annexation and Growth Management ' ,: ; Develop_ Legislative Agenda Implementation--.-- ; :_ ❑ Miscellaneous ❑ ❑ Thank you for completing this questionnaire /survey. Please return the completed forms to Lori Smith by 5pm Monday August 9th. City Council Survey 2011 Budget Priorities / Expectations Rank Description Poin 1 Police emergency response 39 2 Adequate Fund Balance 38 2 Fire emergency suppression response 38 2 Fire rescue and emergency medical 38 5 Police crime investigation 35 5 Police patrol 35 7 Accounting and financial services 34 8 Fire prevention and investigation 33 9 Legal defense and prosecution 32 10 Municipal court services 31 11 Police community outreach 30 11 Street repaving /maintenance 30 13 Code enforcement 29 13 Economic development 29 13 Pothole repairs 29 16 Labor management and negotiations 26 16 Street electronics maintenance /repairs 26 18 Claims and risk management 24 18 Maintenance of City buildings & properties 24 20 Community planning 23 20 Information technology support 23 20 Plan review and permitting processes 23 23 Park maintenance 22 24 Staff training and development 21 25 Internal audit 20 25 Residential parking 20 25 Snow removal services 20 28 City website 19 28 Employee benefits management 19 28 Engineering services - infrastructure & traffic 19 31 Administrative support for CDBG program 18 31 Communications and outreach 18 31 Community event support 18 31 Youth recreation programs 18 35 Adult recreation programs 16 36 Upgrades to existing Parks 14 Other (please describe and then rank) 37 Anderson Cove Housing Development 5 37 McConkey Waterfront Project 5 37 Affordable Housing in downtown area 5 37 Sustain Reserve Funding 5 37 Full -Time Fire Training Officer 5 37 Sustainability Policy IntemaV(gov't) 5 43 Replace Street Engineer 4 44 Decrease PILOT Transfers 3 44 Evaluate Animal Control 3 44 Sustainability Policy Community-wide 3 47 Cemetary 2 r r Page 1 CITY OF BREMERTON City Council Surrey 2011 Budget Priorities / Expectations Extremely Extremely Low Low Medium High High No Priority Priority Priority Priority Priority Opinion Accounting and financial services 37.50°x6 62.50°x6 Adequate Fund Balance 25.00°x6 75.00°x6 Administrative support for CDBG program 28.57°x6 28.57°x6 28.57% 14.29°x6 Adult recreation programs 14.29% 42.86°x6 42.86°x6 City website 28.57% 71.43% Communications and outreach 57.14% 28.57°x6 14.29% Claims and risk management 57.14% 42.86% Code enforcement 37.50% 62.50% Community event support 71.43% 14.29% 14.29% Community planning 14.29°x6 42.86% 42.86% Economic development 85.71% 14.29% Employee benefits management 42.86°x6 42.86% 14.29% Engineering services - infrastructure & traffic 28.57% 71.43°x6 Fire emergency suppression response 25.00°x6 75.00% Fire prevention and investigation 12.50% 12.50% 25.00% 50.00% Fire rescue and emergency medical 25.00% 75.00% Information technology support 71.43% 28.57% Internal audit 57.14% 14.29% 14.29% 14.29% Labor management and negotiations 14.29% 28.57% 28.57% 28.57°x6 Legal defense and prosecution 25.00% 50.00% 25.00% Maintenance of City buildings & properties 57.14% 42.86°x6 Municipal court services 25.00°x6 62.50% 12.50% Park maintenance 14.29% 57.14% 28.57% Plan review and permitting processes 12.50% 37.50% 37.50% 12.50% Police community outreach 14.29°x6 42.86°x6 42.86% Police crime investigation 62.50% 37.50% Police emergency response 12.50% 87.50°x6 Police patrol 62.50% 37.50% Pothole repairs 50.00°x6 37.50°x6 12.50% Residential parking 62.50% 25.00% 12.50% Snow removal services 12.50% 25.00% 12.50% 37.50% 12.50% Staff training and development 28.57% 57.14% 14.29% Street electronics maintenance /repairs 42.86% 42.86% 14.29% Street repaving /maintenance 50.00% 25.00% 25.00% Upgrades to existing Parks 71.43% 14.29% 14.29% Youth recreation programs 28.57% 42.86% 14.29% 14.29% Other (please describe and then rank) Anderson Cove Housing Development x McConkey Waterfront Project x Affordable Housing in downtown area x Sustain Reserve Funding x Full -Time Fire Training Officer x Replace Street Engineer x Decrease PILOT Transfers x Evaluate Animal Control x Cemetary x Sustainability Policy Internal /(gov't) x Sustainability Policy Community-wide x CITY OF BREMERTON Page City Council Survey 2011 Budget Priorities / Expectations 2. Looking at the list from question 1, pick three items from this list that you feel have the highest priority in receiving budget dollars. Top Three Priority Items from List in Question 1: Adequate Fund Balance (1), Fire Emergency (4), Fire Prevention & Investigation (1), Police Emergency Priority Item 1 (3), Anderson Cove Housing Development (1) Adequate Fund Balance (1), Fire Emergency (2), Fire Rescue & Emergency Medical (1), Police Priority Item 2 Community Outreach (1), Police Emergency Response (3), Affordable Housing (1) Accounting & Financial Services (3), Adequate Fund Balance (1), Economic Development (1), Fire Emergency (1), Priority Item 3 Police Community Outreach (1), Police Emergency (1), McConkey Waterfront Project (1) 2.A. Should the City consider additions to personnel that impact the General Fund budget in 2011 ? Only if additional revenues can be identified or provided /or expenses cut - to support 60% Yes, if in certain work areas. (please answer part B. to this question) 20% Yes, if required to support City Council Goals 10% No, additions to personnel impacting the General Fund in 2011 should not occur. 10% 2.B. If you answered 'fifes, if in certain work areas" to question 2.A. above; please indicate which work areas below. Skip this question if it does not apply to your response to 2.A. above. Dept/Work Area _ 3rd Fire Marshall (1), Parks Maintenance (1) Dept/Work Area Andy Oakley Full -Time (2) Dept/Work Area Replace Street Engineer (1) CITY OF BREMERTON Page City Council Survey a 2011 Budget Priorities/ Expectations 3.A. If cuts must be made to the budgets submitted by City staff in order to balance to projected available resources, I would prefer that they be made by: (please select all that apply) Across the Board Percentage Reductions (i.e. everyone reduce 5 %) * 15.4% Specific Activities or Programs Be Reduced or Eliminated (please answer question 3.B.) 30.8°x6 Purchases and Outside Services Held to No Increase - Unless Legally /Contractually Obligated 23.1% Purchases and Outside Services Held to No Increase - Unless Revenues Added Or Other Costs Lowered 23.1% Other (please describe): Supplanting General Fund money with capital funds when possible 7.7% * It should be noted that while proportionately burdensome - this impacts larger budgets such as police and fire with much greater reduction demands 3.B. If you indicated in question 3.A. that specific activities or programs be reduced or eliminated, please explain which ones in the area provided below. If the 5% across the board don't work, next step is to decrease personnel. Do not spend funds for balances/reserves during the year, so we don't get "peeved" like B.I. 1 % for the Arts, Parks, Flower Program, Senior Center Department Heads would have to come up with a list by cost and then have council select. i.e. Senior Center, Pool. Animal control should a evaluated to determine it city should stay with current contractor, put out RFP or bring animal control in- house. Criteria should be cost- effectiveness, effectiveness, customer service standards and accountability. Cemetary- Resources should be spend on the living rather than the dead. City should contract with private operator for management and maintenance of cemetary or close it down entirely if cemetary fees cannot cover costs. In bad economic times we need to provide basic life safety and cut programs that are not essential. Cut executive budget and all parks and facilities maintenance. Restore maintenance as soon as economy recovers. CITY OF BREMERTON Page City Council Survey 2011 Budget Priorities/ Expectations 4. The 2010 / 2011 City Council Suggested Goals are listed below. They are NOT listed in order of importance or priority. For each goal or action step, please tell us if you think the City should devote more effort than now, the same effort as now, or less effort than now toward achieving it. Please mark the box that best represents your opinion on each Council goal. More Same Less No Effort Effort Effort Opinion Basic service Funding: - Street Paving 85.7% 14.3% Basic Service Funding: - Public Safety 14.3% 71.4% 14.3% Building Trust and Support of the Voters 28.6% 14.3% , 28.6 %" 28.6% Economic Development 42.9% 57.1% Annexation and Growth Management Implementation 14.3% 57.1°x6 14.3% 14.3% Facilities I Property Management 14.3% 57.1% 28.6% Affordable Housing I Home Ownership, 28.6 14.3 % 42.9% 14.3% Energy Policy 28.6% 28.6% 28.6% 14.3% Review of Council Policies 42.9% 14.3 0 A 28.6% 14.3% Develop a Legislative Agenda 42.9% 28.6% 28.6% Miscellaneous: Interns, web pages, data mining, parks, 14.3 28.6%, 28.6°x6 28.6% summer -ti for locals CITY OF BREMERTON Page City Council Survey 2011 Budget Priorities / Expectations 4.A. If you think that the City should devote more effort toward achieving any of the Council Goals I Action Steps, please tell us how you think the City should pay for the increased effort. Please mark any of the boxes that reflect your preference. New or Increased Taxes 0.0% New or Increased Fees 41.7°x6 Reduce Efforts to Achieve Other Strategic 33.3% (Please Answer Part B. To This Question As Well) Priorities Other (Please Describe) 25.0% Council Goals that we should put an effort into should be able to pay for themse Mayor needs to step up and push for TBD fee of $20 for streets - Increase revenues via annexations and economic development Supplant general fund money with capital money when possible Set aside any REET revenue above that required for debt - service for street pa ving 4.B. If you think that the City should reduce efforts to achieve other Council Goals I Action Steps, please tell us which goal(s) you think should receive less effort. Please marls any Council Goal /Action Step that you think should receive 'less effort ". Basic Service Funding - Street Facilities I Property Management 0.0% 44.4% Basic Service Funding - Public Safety Affordable Housing I Home Ownership 0.0% 22.2% Building Trust and Support of Voters Review Council Policies 22.2 % Economic Development Energy Policy 11.1 % 44.4% Annexation and Growth Management Develop Legislative Agenda Implementation 22.2% 11.1% Miscellaneous 0.0% Thank you for completing this questionnairelsurvey. Please return the completed forms to Lori Smith by Spm Monday August 9th. Lori Smith �-- From: Myrna [ myrna @kitsapregionalcouncil.org] Sent: Tuesday, August 10, 2010 12:47 PM To: 'Jim McDonald' Cc: City Council Subject: RE: 2011 KRCC Legislative Agenda Attachments: Approved 2010 KRCC Leg Agenda.doc; 2009 Legislative Agenda 1104 08.doc From: Nick Wofford - Bremerton City Council [mailto:district9 @comcast.net] Sent: Tuesday, August 03, 2010 10:25 AM To: City Council Subject: 2011 KRCC Legislative Agenda Please pass to the balance of the council. Thanks. All, As we discussed during our study session, here is the chance to pass to KRCC the interests of the council. Please forward for council consideration any issues that would benefit the city and Kitsap County. Remember your audience. Issues have to be broad enough to get the full KRCC endorsement. We will address this at the next study session. Nick From: Myrna [mailto: myrna @kitsapregionalcouncil.org] Sent: Friday, July 30, 2010 2:57 PM To: 'Ann Randall'; 'April Putney'; Arno Bergstrom; 'Ashley Probart'; 'Beth Wilson'; Bette Hyde; 'Brian Minnich'; Catherine Ahl; Cathie Currie; 'Deborah Wilke'; 'Dick Hayes'; Dylan Doty; 'Ed Stern'; Elaine Valencia; 'Elliot Swaney'; 'Eric Johnson'; 'Geri Beardsley'; 'Gordon Walgren'; 'Jill Boltz'; 'Jill Jean'; 'Jim Boldt'; 'Kurt Fritts'; Larry Eyer; 'Michelle Parvinen'; 'Mike Brown'; 'Mike Eliason'; 'Mo McBroom'; Nancy Buonanno Grennan; Patty Lent; 'Peg Garrison'; 'Rick Olson'; 'Rob Johnson'; 'Scott Daniels'; Scott Merriman; Teresa Osinski'; Tom McBride'; Trent Matson; 'Victoria Lincoln'; 'Wiest, Kurt' Cc: 'Mary McClure' Subject: 2011 KRCC Legislative Agenda Dear Legislative Affairs Liaisons & Interested Parties, Every year, the Kitsap Regional Coordinating Council works to gather the key legislative issues from the wide - ranging interests that affect Kitsap County and our local governments. We then bring these issues forward to the KRCC Executive Board to consider for endorsement. While we are not specifically a lobbying organization, the Regional Council's endorsement of an issue could be useful to your efforts. We are now beginning the process for the 2011 Legislative Agenda, and would appreciate your input on any issue you would like to be considered by the Council. Our schedule: In the next two weeks, please provide us with information about your key legislative issues. Attached are the 2009 and 2010 formally adopted agendas. You can give us up to one page of information about the topic — new this year, we will compile a mini - workbook with more extensive information on each issue as provided to us. However, the primary work piece will be a summary at the level of depth and detail that you see in the documents attached. Be sure to include that short summary of your issue, since we won't capture the nuance that you will. Our office is closed during August, but I will be in briefly in the middle of the month to assemble this information for review at our September Executive Board meeting. August 16 is the deadline to have your information to us; whatever we receive by then is what will be used to compile the initial agenda. We are relying on you to provide us with the issues you want presented to our Executive Board. Thank you so very much, Myrna Knode Executive Assistant McClure Consulting LLC 8/11/2010 r � y 'O;D The Kitsap Regional Coordinating Council's 2010 Legislative Agenda Transportation Revenue ®pMens © Marine Transportation System Sustainability #®lp Well Goviellumenfs © Support AWC Agenda: © High Capacity Transportation District Street Utility Option State Requirements to Form Bus Rapid Transit /Business Access & Passenger Ferry Future City Flexibility Package Waive Requirements *# @ $1 million Municipal Storm Water Funding © Share State Highway R -O -W © Utility Tax Option in Unincorporated Areas For Vehicles & Non - Motorized © Ease Annexations: © Belfair Bypass: Restore Funding 1 year "bump" from State portion of,sales tax paeteft Udell =emice eSelety Net* liftep Highea %own © Emergency & Low Income Housing © General Assistance Unemployable Benefits © Allow More Baccalaureate Degrees @ © Public Health Funding Olympic College through WA State University © Planning for People Leaving State Care (e.g. corrections, mental health, foster care) Approved: December 1, 2009 Qeveawe ®pdoa= for Local Govelvaateaft © Support AWC Agenda Street Utility Option Contact: 360- 649 -2101 City Flexibility Package Councilman Ed Stern Municipal Storm water Funding City of Poulsbo. AWC Board © Ease Annexations Sales tax 1 year "bump ": Extend King Co.'s Contact: 360- 337 -4667 special sales tax allocation from WA State Commissioner Josh Brown (' /z City; '/2 County) to all counties & cities. Kitsap County Note: Revenue from WA State portion of existing tax, not new taxes © County Utility Tax Option Allow counties to levy utility taxes Contact: 360 - 337 - 4418 Commissioner Steve Bauer in unincorporated areas. Kitsap Coun pleutt =octal setulae ft=a#ety filet* © Emergency & Preserve WA State programs at current Low Income Housing levels (THOR, Housing Trust Fund) for emergency /transitional housing. Contact: 360 - 473 -2028 Coordinator Terry Schroeder © General Assistance Unemployable Benefits Kitsap Continuum of Care © Planning for People Leaving State Care Going into Coalition (e.g. corrections, mental health, foster care) homelessness © Public Health Funding Preserve $40 million for State /local Contact: 360- 337 -5287 elements of Public Health System, Deputy Director Scott Daniels including mental health beds & county Kitsap County beds in state facilities. Health District �fQa>1p01op © Marine Transportation System Sustainability Contact: 360- 337 -7097 ✓ Long -term Funding Solution for WSF @ current service level Commissioner ✓ Conserve local/regional funding capacity for future p -o -f service. Charlotte Garrido Kitsop Coun © High Capacity Transportation Waiver State requirements Contact: 360- 478 -6230 District Formation or Support with $1 million Executive Director Dick Hayes © Share State Highway R -O -W Vehicles/Non- Motorized Kitsap Transit © Belfair Bypass: Restore Funding $15 million for R -O -W & Contact: 360 - 340 -2500 Commissioner Bill Mahan Final Engineering Port o Bremerton Map N191kea a Contact 360- 337 -7097 Commissioner Authorize more baccalaureate degrees at Charlotte Garrido Olympic College through WA State University. Kitsap Coun Approved: December 1, 2009 G�� �.. 2009 Legislative Agenda Kitsap Regional Coordinating Council O • Top Request for 2009 Achieve Marine Transportation System Sustainability Enact Long -term Funding Solution for the Washington State Ferry System at current service level Conserve local & regional funding capacity for future passenger ferry service Contact: Mary McClure, KRCC 360- 377 -4900 Kitsap Regional Coordinating Council Adopted November 4, 2008 G 01ES . Other Economic Recovery Zit � y '! issues: Jobs Creation Other New Funding Requests Supporters 1. Advocate Higher Education Center in Kitsap (and one on Olympic Kitsap Economic Peninsula) to increase Baccalaureate Degree production in our under- served Development Alliance regions (area the size of Connecticut.) Prosperity Partnership Funding Request: $250,000 Major WA Universities Contact: Charlotte Garrido, Commissioner - elect, Kitsap County, 360- 337 -7146 Washington Roundtable 2. Electric Bus Research and Development: This project encourages development & evaluation of technology to build the next generation of small Kitsap Transit/WWU electric busses by supporting research & development at WA higher education King County Metro institutions. Kitsap's unique concentration of relevant expertise is intended to Everett Transit anchor new manufacturing jobs in Kitsap County. Clallam Transit Funding Request. $50,000 - $100,000 as "local seed corn" to continue the on- Island Transit Valley Transit going collaboration with Western Washington University. Port of Bremerton Contact: Dick Hayes, Kitsap Transit, 360- 478 -6230 3. High Tech Skills Panel: A proposal for an educational skills panel to target high tech markets. This would fund a public /private partnership with West Sound West Sound Technical Technical Association working towards a competitive work force. Association Funding Request: $150,000 Port of Bremerton Contact: Bill Mahan, Commissioner, Port o Bremerton, 360- 674 -2381 Preserve Existing Fundin 4. Assure that transportation projects in the region continue to be priorities even as (1) costs increase & (2) revenues for fuel taxes fall. In particular, the Port of Bremerton Belfair Bypass Project — SR 3 Corridor Improvement for its congestion Mason County * relief, safety, freight mobility, & future growth (including SKIA). Note broad North Mason School District regional support. Ask WSDOT to carefully evaluate traffic management Overton & Associates during different phases of construction. WSDOT Funding Request: Preserve existing $15 million for Belfair Bypass Project. Puget Sound Regional Council Contact: Commissioner Cheryl Kincer, Port of Bremerton, 360- 674 -2381 * top legislative priority Rick Olson, PSRC Legislative Liaison, 206 - 971 -3050 5. Maintain WA State's Emergency & Low - Income Housing funding Kitsap Continuum of programs at their current levels, e.g. ESAP, THOR, ESG, and WA State Care Coalition Housing Trust Fund to support basic emergency & transitional housing. WA Coalition for Homeless Contacts: Darlene Cook, Chair, Continuum of Care Coalition, 360- 473 -2027 WA Low- Income Housing Terry Schroeder, Coordinator, Continuum of Care Coalition, 360- 473 -2028 Alliance Kitsap Health District 6. Maintain $40 million in adequate and sustainable funding for State and WA Assoc/Local Public local components of Public Health System — expected to be lost/cut in 2009. Health Officials Contact: Scott Daniels, Kitsap County Health District, 360- 337 -5287 WSAC Public Health Roundtable Kitsap Regional Coordinating Council Adopted November 4, 2008 G 2009 Legislative Agenda 'Z I>j� Kitsap Regional Coordinating Council OZ) 0 5 (Cont'd) Policy Req uests Supporters 7. Broadband: Support the Kit —Net through legislation or executive action that would allow municipalities to act as their own "broadband retail service providers ". This is intended to allow "government -to- government" service. It Kit—N Policy Advisory Group is not intended to compete with private sector for non - municipal business. Contact: Ed Stern, Kit —Net Policy Advisory Group, 360- 649 -2101 8. Continued support for Kitsap SEED and the Port of Bremerton's clean technology small business incubator. Port of Bremerton Contact: Bill Mahan, Commissioner, Port of Bremerton, 360- 674 -2381 9. Establishment of tax incentives and /or other infrastructure funding mechanisms. Examples: Modify RCW 82.14.370 to allow urban counties to Port of Bremerton take advantage of the sales tax for economic development (now granted only to rural counties). Refine existing tax increment financing mechanism to allow Kitsap Regional counties and cities to fund their own growth. Allow counties to impose utility Coordinating Council taxes in unincorporated areas. Contact: Bill Mahan, Commissioner, Port of Bremerton, 360- 674 -2381 WSAC Josh Brown, Commissioner, Kitsap County, 360- 337 -4667 Prosperity Partnership Major banks & businesses 10. Coalition to grow state support for affordable housing. Housing Authorities Contact: Eric Schinfeld, Prosperity Partnership Liaison 206 - 971 -3053 Association of Realtors Futurewise et al Cascade Land Conservanc 11. Puget Sound Partnership: Enforce regulations already in place that protect natural environment, especially regarding storm water run -off. Puget Sound Contacts: Steve Bauer, Commissioner, Kitsap County & North Central Puget Partnership Sound Eco- System Coordination Board, 360- 337 -4830 Darlene Kordonow , Mayor, City of Bainbrid e Island, 206 - 842 -2545 12. Kitsap County Consolidated Housing Authority: In light of multiple Kitsap County, housing authority crises, WA State should act as a partner in bridge financing Cities of for housing authorities. Poulsbo, Port Orchard, Contact: Josh Brown, Commissioner, KCCHA Board, 360- 337 -4667 & Bainbridge Island Kitsap Regional Coordinating Council Adopted November 4, 2008