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11/02/2011 AGENDA
;3 o s 6�04 OP CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 NOVEMBER 2, 2011 CITY COUNCIL MEETING AGENDA 1 BRIEFING 5 00 — 5 30 P M in COUNCIL CONFERENCE ROOM 603 A General Council Business 2 CALL TO ORDER 5 30 P M in FIRST FLOOR CHAMBERS A Pledge of Allegiance B Invocation 3 MAYOR'S REPORT 4 PUBLIC RECOGNITION 5 CONSENT AGENDA A Claims & Check Register B Minutes of Meeting — October 19, 2011 C Minutes of Study Session — October 26, 2011 D Appointment of Gunnar Fridriksson to the position of Managing Engineer E Renewal of Professional Services Agreement between the City of Bremerton and Kitsap Community Resources for Bremerton Community Service Work Program F Award Contract to HOKKAIDO DRILLING, INC for Well 13 & Well 14 Rehabilitation - Replacement Project G Construction Contract to COULTAS GENERAL CONTRACTING for Brick Veneer Installation for the Park Avenue Plaza Project Phase II 6 PUBLIC HEARING A Public Hearing and Resolution No 3155 approving Funding Recommendations for inclusion in the 2012 CDBG /HOME Action Plan 7 GENERAL BUSINESS A Public Works Agreement with WESTIVIARK CONSTRUCTION, INC for the Biosolids Storage Relocation /Roof Construction Contract B Ordinance No 5167 amending Bremerton Municipal Code (BMC) Chapter 3 12 entitled "One Percent for the Arts Fund" to suspend expenditures for new art until January 1, 2014 8 COUNCIL MEMBER REPORTS 9 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® Amencans with Disabilities Act (ADA) accommodations provided upon request Those requinng special accommodations should contact the City Cleric's Office at (360) 473 -5323 by noon on the Monday preceding the Council meeting BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISH YOUR COMMENTS TO BE INCLUDED IN THE RECORD zoo f\ d V ,�� kV TP 4 e_S S� e l'e � � - A sw cl Ap r * s b re rV\_e (�� once haess klA (60Apf,6" r)- cl, lfiJ 1 C�a , '=c�on c , 4 4— REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU AGENM BILL CITY OF BREMERTON 5A CITY C CBJNCIL rrrr0rrrrr won rrr 0 rrr8 8 a9on8a0 8 rrrrr won rrrrrrre SUBJECT: Claims & Check Register Study Session Date COUNCIL MEETING Date November 2, 2011 Department Financial Services Presenter Cathy Johnson Phone 473 -5296 SUMMARY: Consent Agenda item Approval of checks and electronic fund transfers ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount) APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: ai- 1 Correction to Checks and EFT's approved on 10/19/2011 t he fP 2 ' pp � Check s 3453 3- 345535 and EFT's #11277 - 1 1a:j' 2) Check #'s 345536 through 345732 and EFT's 11322 through 11361 in the amount of $$1,029,571 13 3) Regular Payroll for the pay period ending October 15, 2011 in the amount of $6,108 00 4) Retiree Payroll for the pay period ending October 31, 2011 in the amount of $76,260 89 STUDY SESSION ACTION: ❑ Cons t A e a ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: Approve ❑ Deny ❑ able ❑ Continue ❑ No Action Form Updated 11/02/2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ seoeeeeeeoseeeeeeeeeeeoemmeeeeeeeteeooe0 mass e eeeeeoomoeom Dome WON soon emmmoeoee Bassoon es SUBJECT: City Council Meeting Minutes For meeting of COUNCIL MEETING Date Aay2mloe� a, -a o /L, � 19, a l Department City Council �T� Presenter Will Maupm, President Phone (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS: N/A APPROVALS: N/A RECOMMENDED MOTION: Move to approve the Consent Agenda as presented STUDY SESSION ACTION: Consent A enda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny Table Continue ❑ No Action Form Updated 4/18/2011 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES October 19, 2011 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603, of the NORM DICKS GOVERNMENT CENTER, 345 6" Street, Bremerton, Washington, Wednesday, October 19, 2011, at 5 00 PM, with Council President Will Maupin presiding Council Members present were Nick Wofford, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell, and Jim McDonald City Attorney Roger Lubovich, City Clerk Carol Etgen, and Council Assistant Christine Grenier were present to provide staff support A COUNCIL BRIEFING was then held to discuss General Council Business at 5 00 PM in the Council Conference Room At 5 30 PM the meeting moved to the Meeting Chambers The Pledge of Allegiance was led by Council Member Jim McDonald followed by the invocation provided by Pastor Roger Hennigan of Apostolic Life Tabernacle MAYOR'S REPORT — Mayor Lent reported on the following • Presented a Mayor's Citizen Appreciation Award to Pat Ward President of Seniors Uncovering Money Solutions ($UM$), who announced the proceeds from the Annual Senior Craft Fair this Friday, October 21 and Saturday would benefit the Bremerton Senior Center, • Presented a Mayor's Employee Appreciation Award to Janet Lunceford Code Enforcement, for working quickly to resolve various abatement problems at a residence with an offsite property owner and for coming up with a positive program for landlords to deal with those problems, • Presented a Washington State Distinguished Budget Award to Cathy Johnson and Caroline Thompson Financial Services, for their contributions to developing the budget document, • Presented a Mayor's Citizen Appreciation Award to Shawn Dinkuhn President of Sustainable Bremerton, for helping the community to save energy through the Re -Power Bremerton Project, • Invited Amy Olson Lead Instructor for the Job Training Program at the Bremerton Good Will Store, to discuss programs and services being offered, • Presented a Mayor's Employee Appreciation Award to Holly Peterson Parks & Recreation Department, for her outstanding work at the Senior Center, • Read a letter from Captain Reese of the USS John C Stennis, who thanked the City for their support during their deployment, • Encouraged people to visit downtown businesses, • Hoped people would attend the Haunted Ghost Ship onboard the USS Turner Joy on Halloween; • Invited Jeff Elevado Parks & Recreation Department, who announced the Annual Pumpkin Fest to be held on Halloween at the Sheridan Community Center located at 680 Lebo Boulevard, • Attended a recent Mathematics Engineering Science Achievement (MESA) Program hosted by Olympic College with Council Member Greg Wheeler, and • Announced that there will be an opportunity to `Take Back Your Medicine" at the Sheriff's Office at the Kitsap Mall near the Food Court on Saturday, October 29 PUBLIC RECOGNITION Joe Hudson Evergreen Trophies, was concerned about the lack of communication between the City and businesses regarding the proposed improvements downtown and about the presence of grasses and moss in areas which indicates a lapse in maintenance CONSENT AGENDA A Check Numbers 345097 through 345322, and EFT -11277 through EFT -11321 in the amount of $2,747,839 34, and Regular Payroll for the pay period ending October 15, 2011 in the amount of $709,41006 B Minutes of Meeting —October 5, 2011 City Council Meeting Minutes Wednesday, October 19, 2011 Page 2 of 6 C Minutes of Study Session — October 12, 2011 D Appointment of Matthew Boeckman to the Lodging Tax Advisory Committee E Resolution No 3153 approving Phase 3 of the Bay Vista Final Plat There were no comments from the public 05:57:22 M /S /C /U (Runyon/Wofford) Move to approve the CONSENT AGENDA as 'presented PUBLIC HEARING 6A — PUBLIC HEARING AND RESOLUTION NO. 3154 ADOPTING THE CITY OF BREMERTON'S 2012 TO 2017 SIX -YEAR TRANSPORTATION IMPROVEMENT PLAN (TIP) Alan Lobdell Public Works & Utilities Director, and Tom Knuckey Managing Engineer, explained that the Six -Year Transportation Improvement Program (TIP) is prepared pursuant to RCW 35 77 010 and RCW 36 81 121 The TIP is updated annually and filed with the Secretary of Transportation, Local Programs Office It is intended as a planning tool for the local, State and Federal transportation funding entities The TIP has been prepared for City Council approval by resolution prior to submittal to the Washington State Department of Transportation This TIP is consistent with the City's Comprehensive and Non - Motorized Transportation Plans President Maupin opened the Public Hearing With no comments from the public, he then closed the Public Hearing 06.00:57 Motion to approve the resolution was made by Brockus, and seconded by Robinson Questions or comments from the Council were received by Brockus, McDonald, Runyon, Wheeler, Maupin, and Arends 06:17:27 M /S /C (Brockus /Robinson) Move to approve Resolution No 3154, which approves the City's 2012 -2017 Six -Year Transportation Improvement Plan, and direct the Mayor to forward the Resolution and Plan to the Department of Transportation, Local Programs Office Voted in favor of Motion McConnell, Brockus, Runyon, Robinson, Arends, Wofford, McDonald, Maupin Voted against the Motion Wheeler Motion carried, 8 -Yes, 1 -No GENERAL BUSINESS 7A — APPROVE PAYMENT OF $75,000 TO THE STATE OF WASHINGTON FOR MODIFICATIONS TO THE MANETTE BRIDGE REPLACEMENT PROJECT TO ADD THE CITY- INITIATED SIDEWALK BARRIER Gunnar Fridriksson Public Works & Utilities, Engineering, summarized that the State has an ongoing construction project to replace the Manette Bridge The City requested changes to the Manette Bridge Replacement Project to add a barrier on the new bridge between the shoulder of vehicle lanes and the sidewalk for additional safety for pedestrians The State has agreed to modify the project, in conjunction with State initiated changes, to add the safety barrier in return for the City's payment to the State of $75,000 towards the cost of the added sidewalk barrier John Thomas was concerned that the City is now considering payment since the State had originally agreed to pay for the entire project 06:23 47 Motion to approve the payment for the project modifications was made by Brockus, and seconded by Wofford Questions or comments from the Council were received by Brockus, McDonald, Runyon, McConnell, Wheeler, Robinson, Arends, and Maupin City Council Meeting Minutes Wednesday, October 19, 2011 Page 3 of 6 06:47:10 M /S /C (Brockus/Wofford) Move to approve payment of $75,000 to the State of Washington for modifications to the Manette Bridge Replacement Project for the added sidewalk barrier and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented Voted in favor of Motion Brockus, Wheeler, Robinson, Arends, McConnell, Maupin Voted against the Motion Runyon, Wofford, McDonald Motion carried, 6 -Yes, 3 -No 713 — APPROVE CONSTRUCTION CONTRACTS FOR THE PARK AVENUE PLAZA PROJECT PHASE H: (A) TRENCHING FOR UTILITIES, PHASE A; (B) IMPROVEMENTS AT PARK AVENUE & 4 TH STREET INTERSECTION; (G) BRICK VENEER IAICTAI 1 ATION, (D) GARAGE STEEL FILTER SCREENING, (E) SEWER 11AAIA1 1 I 1 NIN .- `_; AND (F) PLANTERS ON BURWELL Becky Hasart Financial Services Director, emphasized that the action before Council is the approval of four (4) of the six (6) construction contracts (Items A, B, D, and F) as part of the Park Avenue Plaza Project Phase II (A) 4th Street West, United Way Easement Trenching (PSE Phase A) — The estimated cost of this contract is $140,000 and includes work for utility trenching from the intersection of 4th Street & Park Avenue to the east side of United Way then south to the alley edge for undergroundmg the alley utilities that service United Way (Schedule 74 work) There were no comments from the public 06:50:22 Motion to approve the Contract was made by McDonald, and seconded by Wofford Questions or comments from the Council were received by Runyon 06:53:48 M /S /C /U (McDonald/Wofford) Move to approve the 4th Street West, United Way Easement Trenching (PSE Phase A) Public Works Construction Contract to South Bay Excavating, Inc in the amount of $52,830 00, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented (B) Park Avenue /4 Street & Park Avenue Intersection — The estimated cost of this contract is $475,000 and includes sidewalks, planting strips, pavers, asphalt paving, street lighting, bulb outs and the raised granite compass and anchor intersection at the corner of 4th Street & Park Avenue There were no comments from the public 06:54:13 Motion to approve the Contract was made by Brockus, and seconded by Arends Questions or comments from the Council were received by Maupin, Runyon, Wofford, and Wheeler 07:03:17 M /S /C (Brockus / Arends) Move to approve the Park Avenue /4 Street & Park Avenue Intersection Improvements Public Works Construction Contract to Serpanok Construction, Inc in the amount of $550,000 00, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented Voted in favor of Motion Wheeler, Robinson, Arends, Wofford, McDonald, McConnell, Brockus, Maupin Voted against the Motion Runyon Motion carried, 8 -Yes, 1 -No (D) Park Avenue Plaza Park, Steel Filter Screening — The estimated cost of this contract is $65,000 and includes the infill parking garage steel filter screening for the two above grade levels of the Park Avenue Plaza Parking Garage fronting Burwell Street, east of the SeeFilm Cinema City Council Meeting Minutes Wednesday, October 19, 2011 Page 4 of 6 There were no comments from the public 07:04:26 Motion to approve the Contract was made by McDonald, and seconded by Wofford Questions or comments from the Council were received by Runyon 07:05:50 M /S /C (McDonald/Wofford) Move to approve the Park Avenue Plaza Park, Steel Filter Screening — Public Works Construction Contract to Serpanok Construction, Inc in the amount of $99,950 00, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented Voted in favor of Motion Robinson, Arends, Wofford, McDonald, McConnell, Runyon, Wheeler, Maupm Voted against the Motion Brockus Motion carried, 8 -Yes, 1 -No (F) Park Avenue Plaza Planter /Burwell — The estimated cost of this contract is $30,000 and includes the construction of planters for trees and grasses located on the Park Avenue Plaza Parking Garage site, facing Burwell Street, east of the SeeFilm Cinema and between the existing sidewalk and the parking garage There were no comments from the public 07:06:48 Motion to approve the Contract was made by Wheeler, and seconded by Wofford Questions or comments from the Council were received by Runyon, Wheeler, Brockus, Wofford, and Maupm 07:12:25 M /S /C /U (Wheeler/Wofford) Move to approve the Park Avenue Plaza Planter /Burwell Public Works Construction Contract to Combined Construction Inc in the amount of $34,200, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented 7C — ORDINANCE NO. 5166 AMENDING SECTION 13.04.140 OF THE BREMERTON MUNICIPAL CODE (BMC) RELATING TO THE SALE OF BEER AND WINE AT THE BREMERTON ICE ARENA Wyn Birkenthal Director of Parks & Recreation Department, stated that the Bremerton Ice Arena has provided youth, adult and senior ice skating opportunities since 2003 through their concession agreement managed by the Parks and Recreation Department The Ice Arena has petitioned the City to allow the sale of beer and wine within their building as revenue enhancement to help ensure the continued operation of this facility in Eastpark The proposed ordinance amends BMC Section 13 04 140 to allow the sale of beer and wine under certain conditions Included in these conditions is the prohibition of alcohol in the viewing stands or on the ice surface unless the facility is being rented for a private function The Bremerton Park Commission recommended the proposed ordinance at their August 23` meeting Derek Donald Ice Arena General Manager provided a brief presentation outlining the venue's success and various programs There were no comments from the public 07.22:20 Motion to approve the ordinance was made by Wheeler, and seconded by Runyon Questions or comments from the Council were received by Wheeler, Runyon, Brockus, McConnell, Wofford, Arends, McDonald, Maupin, and Robinson City Council Meeting Minutes Wednesday, October 19, 2011 Page 5 of 6 07:42:30 M /S /C (Wheeler /Runyon) Move to pass Ordinance No 5166 amending BMC Section 13 04 140 relating to beer and wine sales at the Bremerton Ice Arena Voted in favor of Motion Wofford, McDonald, Runyon, Wheeler, Maupin Voted against the Motion McConnell, Brockus, Robinson, Arends Motion carved, 5 -Yes, 4 -No 7D — AMENDMENT TO SECTION 4.1.2 "INCIDENTAL USES" OF THE CONCESSION AGREEMENT BETWEEN THE CITY OF BREMERTON AND THE BREMERTON ICE ARENA, INC. TO ALLOW THE SALE OF BEER AND WINE Wyn Birkenthal Director of Parks & Recreation Department, continued that on May 13, 2003, the City entered into a concession agreement for the construction and operation of an ice arena in Eastpark The arena has served the public with a variety of youth and adult skating programs including figure skating, hockey, open public skating sessions and senior skating programs The owners of the Ice Arena have requested the ability to sell beer and wine under certain conditions as revenue enhancement to the facility and as a convenience to its adult customers This proposed amendment to the concession agreement changes Section 4 12 "Incidental Uses" to remove the words "Concessionaire agrees that no alcohol will be sold or consumed on the premises " Should the amendment pass, it is subject to review and approval by the National Park Service The Ice Arena's insurance certificate would be adjusted to provide coverage as recommended by the City's Risk Manager There were no comments from the public 07:44:15 Motion to approve the amendment to the concession agreement was made by Wofford, and seconded by Runyon There were no further questions or comments from Council Members 07:44:55 M /S /6F (Wofford / Arends) Move to amend Section 4 1 2 of the Concession Agreement with the Bremerton Ice Arena to allow the sale of beer and wine as specified under Ordinance No 5166, amending Section 13 04 140 of the Bremerton Municipal Code (BMC) and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions Voted in favor of Motion McDonald, Runyon, Wheelef Wofford, Maupin Voted against the Motion McConnell, Brockus, Robinson, Arends Motion carried, 64 -Yes, 4 -No [/t was later determined by the City Attorney that due to a remote interest, one of the 'Yes' votes was invalidated and therefore, the item ultimately failed] 7E — ORDINANCE NO. 5165 AMENDING CHAPTER 9A.44 OF THE BREMERTON MUNICIPAL CODE (BMC) TO ADD A NEW SECTION ENTITLED `;LASERS " Rosier Lubovich City Attorney, stated that the proposed ordinance amends Chapter 9A 44 of the Bremerton Municipal Code (BMC) by adopting by reference Chapter 9A 49 of the Revised Code of Washington (RCW) relating to the illegal discharge of lasers There were no comments from the public 07:49:03 Motion to approve the ordinance was made by Runyon, and seconded by McDonald Questions or comments from the Council were received by Runyon, Brockus, Wofford, Maupin, and Wheeler 07:55:47 M /S /C /U (Runyon /McDonald) Move to approve Ordinance No 5165 amending Chapter 9A 44 of the Bremerton Municipal Code to add a new section entitled "Lasers" City Council Meeting Minutes Wednesday, October 19, 2011 Page 6 of 6 COUNCIL MEMBER REPORTS Dianne Robinson attended the Mayor's presentation on the Re -Power Project and encouraged people to contact (877) 741 -4341 for more information on how to receive an energy audit, discussed the Coordinated Grant advisory committee process and the related recommendations which will be brought to Council on November 2 and thanked everyone who participated in the process, reported on the Association of Washington Cities Regional Meeting she attended last Thursday, attended New Life Development event with Greg Wheeler, recently attended the 99 Anniversary Celebration for the Ebenezer African Methodist Episcopal Church, thanked everyone who helped with the Matan Park Renovation Project Greg Wheeler announced that the Union Hill Neighborhood will be holding a "Trunk of Treat" event on October 31 from 6 00 to 8 00 PM in the parking lot at the Community of Christ at Memorial Lutheran Church located at 916 Veneta Avenue, hoped people would attend other Halloween events throughout the City including the Downtown Safe Trick or Treat and the Pumpkin Fest at the Sheridan Community Center, and Washington CASH Showcase from 5 00 to 8 00 PM tomorrow night at the Communitas Building located at 920 Park Avenue Roy Runyon thanked everyone for making the Bremerton Foodline Empty Bowl event such a success Adam Brockus encouraged people to return their ballots, and emphasized that while the Roundabout Party on October 22 has been cancelled but the businesses will be open for business, and hoped people would take advantage of the few opportunities remaining to walk or bike across the Manette Bridge before its final closure Jim McDonald thanked Tracyton Port Commissioner William Mooney who spoke at his recent District 1 Meeting Will Maupin announced that he will be hosting a District 8 Community Meeting on Tuesday, October 25 from 6 30 to 8 00 PM in the Meeting Chambers to discuss the Shoreline Master Program and future plans for installing sewers on Marine Drive and Rocky Point, and reported on new fast ferries which are currently undergoing sea trials and will be arriving soon in Bremerton President Maupin adjourned the Council Meeting at 8 11 PM PreparqcLand Submitted by CH ISTINE GRENTER Council Assistant Attest SHAN ON CO IN, ntenm City Clerk WILL MAUPIN, C y CourgOresident WMSCIscg AGENDA BILL CITY OF BREMERTON CITY COUNCIL 45C ■■ eeseeeeeeeeeeeeeeeeeeeeaeeeeeeeeee eeeeeeeaeeeeeeeeaeeeeeeeeeeeeeeeeeeaeeeeeee eeeteeee � SUBJECT: City Council Meeting Minutes For meeting of COUNCIL MEETING Date OoVe -yn6 ,r a, —�� O Department City Council i ao l Presenter Will Maupm, President Phone (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS: N/A APPROVALS: N/A RECOMMENDED MOTION: Move to approve the Consent Agenda as presented STUDY SESSION ACTION: Consent A ends ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT adi7==� - COUNCIL ACTION: ❑ Approve ❑ Deny Table ❑ Continue ❑ No Action Form Updated 4/18/2011 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES October 26, 2011 A Study Session of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603, of the NORM DICKS GOVERNMENT CENTER, 345 6` Street, Bremerton, Washington, Wednesday, October 26, 2011, at 5 00 PM, with Council President Will Maupin presiding Council Members present were Nick Wofford, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell, and Jim McDonald Legislative Assistant Lori Smith was present to provide staff support President Maugin emphasized that the Study Session was open to the public, however there would be no opportunities for input or participation, that no action will be taken, and the content of these items is subject to change A NO DISCUSSION PLANNED -The following items are budgeted items or have been reviewed by the appropriate Council Committee, and will be placed on the November 2, 2011 Council Meeting Agenda unless otherwise stated 1 Renewal of Professional Services Agreement between the City of Bremerton and Kitsap Community Resources for Bremerton Community Service Work Program — Dawn Nelson, Municipal Court Manager, and Jim McDonald, Public Safety and Parks Committee Chair 2 Award Contract to HOKKAIDO DRILLING, INC for Well 13 & Well 14 Rehabilitation/ Replacement Project — Ned Lever, Engineering, Public Works & Utilities Department, and Jim McDonald, Public Works Committee Chair B FULL DISCUSSION ITEMS 3 Construction Contract to COULTAS GENERAL CONTRACTING for Brick Veneer Installation for the Park Avenue Plaza Project Phase H — Gary Sexton, Redevelopment Projects Administrator 4 Public Works Agreement with WESTMARK CONSTRUCTION, INC for the Biosolids Storage Relocation /Roof Construction Contract — Bill McKinney, Forestry/Natural Resources Manager, Public Works & Utilities Department, and Jim McDonald, Public Works Committee Chair 5 Proposed public hearing and resolution to approve Funding Recommendations for inclusion in the 2012 CDBG /HOME Action Plan — Marie Vila, Community Development Block Grant Administrator, Doug McIntyre, Community Development Block Grant Coordinator, and Greg Wheeler, Planning Committee Chair 6 Proposed ordinance amending Bremerton Municipal Code (BMC) Chapter 3 12 entitled "One Percent for the Arts Fund" to suspend expenditures for new art until January 1, 2014 — Andrea Spencer, Community Development Director, and Greg Wheeler, Planning Committee Chair 7 Appointment of Gunnar Fridriksson to the position of Managing Engineer at Payband 16, Rate 5 — Thomas Knuckey, Managing Engineer, Public Works & Utilities Department, and Jim McDonald, Public Works Committee Chair 8 Distribution of City of Bremerton 2012 Proposed Budget — Becky Hasart, Financial Services Director, and Caroline Tompson, Budget Analyst (Information only ) City Council Study Session Minutes Wednesday, October 26, 2011 Page 2 of 2 C GENERAL COUNCIL BUSINESS City Attorney Roger Lubovich established that at the Council Meeting on October 19, 2011, Item 7D - Amendment to Section 4 12 "Incidental Uses" of the Concession Agreement between the Clty of Bremerton and the Bremerton Ice Arena Inc to allow the sale of beer and wine passed with a 5 -4 vote However, due to a remote interest, one of the 'Yes' votes was invalidated and therefore, the item failed The record stands corrected D ADJOURNMENT OF STUDY SESSION President Maupin adjourned the Study Session at 6 55 PM Prepared and Submitted by 4vi L RI SMITH Legislative Assistant Attest SHANNON CORIN, Interim City Clerk ILL MAUPIN, Qt Council Msident WMCEIscg AGENDA BILL CITY OF BREMERTON CITY COUNCIL v5D ■■ ����r������������ss�����rosa���s����s��oo������o�oeas���r •■����s��������������������� SUBJECT. Appointment of Managing Study Session Date October 26, 2011 Engineer of COUNCIL MEETING Date November 2, 2011 Department Public Works & Utilities Presenter Thomas Knuckey Phone 473 -2376 SUMMARY Staff is requesting authorization to appoint Gunnar Fridriksson to the position of Managing Engineer at Payband 16, Rate 5 with 25 days annual leave He is currently serving in this position as Interim Managing Engineer at this Payband and Rate ATTACHMENTS Letter of Engagement FISCAL IMPACTS (Include Budgeted Amount) No impacts to current or proposed budget APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION. Move to approve the appointment of Gunnar Fridriksson to the position of Managing Engineer at Payband 16, Rate 5 with 25 days annual leave STUDY SESSION ACTION: XCons nt Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4118/2011 Alan Lobdell, Dir of Public Works & Utilities 100 Oyster Bay Avenue Bremerton, WA 98310 Telephone 360 -473 -5315 Public Works & Utilities October 26, 2011 Gunnar Fndnksson Port Orchard, WA 98367 RE: Letter of Engagement Dear Gunnar: It is with great pleasure that I confirm your appointment to the position of Managing Engineer Your position is exempt and included in the Management classifications under BMC 2 50 as follows Position- Managing Engineer Department: Public Works & Utilities Effective Date: November 1, 2011 Rate of Pay: $3,886.05 Semi- Monthly (Band 16, Rate 5) ($93,265 20 annually) Appointment/Removal: Director of Public Works & Utilities Supervisor. City Engineer Vacation: 25 days (pro -rated for 2011) Benefits. Pursuant to BMC Chapter 2 50 You are an "at will" employee and may be terminated by the City without cause at any time with thirty (30) days notice You may be terminated for cause, without notice, and no severance pay shall be paid This letter shall constitute your terms and conditions of employment with the City and there are no other written or oral agreements that have not been set forth in this letter of engagement or covered by Chapter 2.50 of the Bremerton Municipal Code (copy attached). Please sign below indicating your acceptance of our offer of employment as outlined above for the City of Bremerton. Smcerely, Alan Lobdell Director of Public Works & Utilities cc• Charlotte Belmore, Human Resources Manager ------------------------------------------------------------------------------------------------------------------- ACCEPTANCE OF JOB OFFER: h I, Gunnar Fndriksson, hereby accept the appointment to position of Managing Engineer, effective November �, 2011 under the terns and conditions as set forth m this Letter of Engagement. SIGNATURE: DATE Gunnar Fndriksson AGENDA BILL CITY OF BREMERTON CITY COUNCIL 15E seeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeseeeeeeeoeeeeseaeeeeeeseeeeeee SUBJECT: RENEWAL OF Study Session Date 10 -26 -2011 PROFESSIONAL SERVICES AGREEMENT COUNCIL MEETING Date 11 -2 -2011 BETWEEN THE CITY OF BREMERTON Department Municipal Court AND KITSAP COMMUNITY RESOURCES Presenter Dawn Nelson Phone 473 -5242 SUMMARY: The Bremerton Municipal Court is seeking to renew the contract with Kitsap Community Resources to continue to provide community service supervision for 2012 — 2013 This Professional Services Agreement with KCR provides supervision, organization and reporting to the court for defendants assigned to perform community service as part of their sentencing or for fines The compensation will be $18,675 00 per year for 2012 and 2013 This amount is the same as in the previous contract Budget expenditures will be 1/12 of the budget each month for each contract year ATTACHMENTS: Professional Services Agreement with Kitsap Community Resources for Bremerton Community Service Work Program FISCAL IMPACTS (Include Budgeted Amount) $18,675 00 per year for 2012 and 2013 APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION: Move to approve the Professional Services Agreement between the City of Bremerton and Kitsap Community Resources and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented STUDY SESSION ACTION: Co ent Agenda El General Business El Public Hearing COUNCIL PRESIDENT COUNCIL ACTION ❑ Approve ❑ Deny Table ❑ Continue ❑ No Action Form Updated 4/18/2011 When it's appropriate, the Judge allows defendants to do community service in lieu of fail time 8 hours of community service is equivalent to 24 hours in custody We currently utilize the service of Krtsap Community Resources (AmeriCorps) to monitor and supervise these workers The court does not currently have the resources to monitor this program, although the City could admimster a community service program without Krtsap Community Resources The details and cost of such a program are unknown at this time From January 1, 2011 through August 23, 2011, we have had 121 defendants serve 680 days of jail converted to community service If those 680 days were served in the fail, this would cost the city approximately $47,70200 In addition to those costs, if the defendant is in the fail and needs medical attention, the city is responsible for those costs As of June, the city has spent $11,486 54 on prisoner medical needs Medical costs would likely be higher if another 121 defendants served 680 days of jail time Cutting this program would help the Court's budget, but it would have a negative impact on the City's overall budget Yearly costs for Krtsap Community Resources (AmenCorps) $18 675 00 Yearly fuel costs for Krtsap Community Resources $4,00000 TOTAL COST TO CITY $22,675.00 Additional fail costs from January 1 — August 23, 2011 $47,70200 (if community service was not an option) Expected additional costs $71,55300 (estimated through the end of the year without community service) le IF THE PROGRAM WERE DISCONTINUED Estimated Jail Costs $71,553 00 Cost of KCR/Amencorps -$ 22,67500 COSTS TO THE CITY $48,878.00 (Not factoring additional medical costs) City Community Service Work (CSW) Program Impact January 2010- December 2010 (Bremerton Community Service Work Program Contract Year) *City CSW clients served a total of 21,460 hours and saved the city of Bremerton $212,843 00 This amount is figured using WA minimum wage and the current cost for incarceration October 2010 - September 2011 (AmeriCorps Program Year) *NOTE The KCR /AmeriCorps Program Members serve as the program leaders for CSW Therefore, the majority of the statistics that are collected for the City CSW program are arranged within the AmeriCorps Program year of October- September IE Events City CSW Clients Assisted With 1) BP &R Halloween Carnival, Daddy /Daughter Dance, Christmas in the Parks and St Patrick's Day Float 2). Assisted the Mayor's Office with the Arbor Day Celebration 3) Concerts on the Boardwalk 4) Blackberry Festival ® Other Activities Citv CSW Clients Assisted With 1) MLK Service Project, with the AmeriCorps Program, at the Food Bank 2) Two months of assistance for KCR's Christmas Angels Program 3) Sand removal from sidewalks after the storms 4) Sally's Camp. Provided cleaning for 6 months, distributed information about the camp to the neighborhoods, and assisted with closure of the camp 5) Worked at various sites around Bremerton to help with the homeless count 6) Shoveled and sanded sidewalks 7) Spent 2 weeks cleaning out mud and debris from the fountains in downtown Bremerton 8) Planted 1300 shrubs, plants, and other vegetation at Lion's Field R Park Upkeep Provided by City CSW Clients Provided upkeep for 25 parks E Number of City CSW Clients to Complete the Program /Their Hours 324 ® # of Hours Completed 13,377 R # of Baas of Trash Removed From the City 3,080 ® # of Truckloads of Trash /Vegetation /Debris Removed From the City 42 ® # of Graffiti Markings Removed 276 *NOTE The current contract for the Bremerton Community Service Work Program (City CSW) is $18,675 00 per year PROFESSIONAL SERVICES AGREEMENT Bremerton Community Service Work Program THIS AGREEMENT is between the City of Bremerton, a Municipal Corporation (hereinafter referred to as "City ") and Kitsap Community Resources, a non - profit corporation (hereinafter referred to as "KCR/CSW Program ") 1. SCOPE: KCR/CSW Program agrees to manage the City of Bremerton Community Service (CS) Work Program Defendants convicted in Bremerton Municipal Court are directed to the Community Service Work Program (CSW) to provide a specified number of hours of labor for the City in lieu of jail or fines The Bremerton Municipal Court will provide KCR/CSW Program with the defendant's agreement or form, which shall include the defendant's name, case number, start date and number of community service hours to be performed by the defendant KCR/CSW Program will supervise the defendants in the performance of community service work and provide a report to the Court indicating whether a defendant has fulfilled his or her community service obligation Reporting guidelines shall include, but are not be limited to. a Individual status reports that indicates completion, noncompliance for non - completed hours or "no shows" b Monthly report that summarize scope of work of Community Service Work performed c Monthly report indicating sites and hours worked daily d. Incidental reporting should be forwarded to the Court in a timely manner Determination of status is the responsibility of the KCR/CSW Program coordinators. e Monthly reporting should be forwarded to the Court by the 5 day of each month while this contract is in effect or within 5 working days of termination of this agreement. As in the past, defendants can perform their community service hours at remote locations with other 501 c3, non - profit organizations and in accordance with Washington State statutes governing the performance of community service The need for remote assignment is designated at the discretion of the KCR/CSW Program staff KCR/CSW Program staff, on the basis of the following circumstances, shall determine a defendant's request for other assignment a Travel to the City CSW Program is an overwhelming barrier to attendance for Community Service at the designated report location b. Defendant can prove reasonable need or hardship that would benefit both parties for Community Service to be performed outside the normal working days and/or hours, which the KCR/CSW program operates c. The Defendant has a verified medical reason, either physically or mentally, that would prevent working physical labor. 2. TERM: Contract shall commence on January 1, 2012 and will terminate December 31, 2013 3. COMPENSATION: City shall pay KCR/CSW Program the sum of Eighteen thousand Six Hundred Seventy Five dollars ($18,675 00) for the year 2012 and the sum of Eighteen thousand Six 1 Hundred Seventy Five dollars ($18,675 00) for year 2013 Budget expenditures will be 1 /12 of the budget each month for the contract year 4. PROGRAM DESCRIPTION: KCR/CSW Program Staff will operate the program in the City of Bremerton Report dates for defendants will be established by the Court and will be from October 16 through September 30 of each contract year October 1 st through October 15 KCR/CSW Program Staff will be in program orientation for their service term and no hours of community service will be worked with the program during designated dates Designated report dates and times will be available to ensure forty (40) hours of service can be performed each week with the exclusion of KCR observed holidays Activities will vary and will address environmental, recreational and human service needs City of Bremerton requests shall have priority Work requests that are outside the scope or resource availability of the program will either be delayed or assigned to another entity 5. RELATIONSHIP OF PARTIES: The parties understand and agree that KCR/CSW Program is an organization skilled in matters pertaining to community service programs and will perform independent functions and responsibilities in the area of its particular field of expertise KCR/CSW Program and its personnel shall act as independent contractors and not employees of the City As such they have no authority to bind neither City nor control employees of the City, contractors, or other entities. Within the performance of these duties, KCR/CSW Program shall work under the direction of the AmeriCorps Director 6. INDUSTRIAL INSURANCE: KCR/CSW Program agrees to provide for State industrial insurance coverage for its personnel as required by State Law 7. LICENSE AND TAXES: KCR/CSW Program shall possess a current Bremerton Business license and any regulatory license required fulfilling its obligations under this Agreement B &O taxes shall be paid when due and KCR/CSW Program, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes, which have been declared delinquent 8. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement, KCR/CSW Program shall provide the Risk Manager for the City of Bremerton, with evidence that it has obtained and maintains in full force and effect during the term of this Agreement, a policy of professional liability insurance, providing coverage of at least $1,000,000.00 (one million), against professional liability or errors and omissions in connection with the work to be performed by KCR/CSW Program under this Agreement Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance KCR/CSW Program agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of KCR/CSW Program, its subcontractors, agents, successors or assigns This provision shall be inapplicable to the extent the City is judicially found solely negligent for such damage or injury. 2 9. GENERAL CONDITIONS: a Reports and Information — KCR/CSW Program, at such times and in such forms as the City may require, shall furnish the city such reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to the Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement KCR/CSW Program will maintain accounting records in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts b Vehicles — The City will provide a passenger van and pickup truck, vehicles for abatement clearing, maintenance on said vehicles, including all regularly scheduled preventative maintenance and/or corrective maintenance required during normal operation The City agrees to pay vehicle registration fees required to operate said vehicles If the City is unable to provide or replace vehicles that are not operable for more than three (3) working days, the Administrative Service Director or designee shall suspend service or agree to provide travel claim expenses at 415 cents per mile for any KCR vehicle that is used to continue agreement requirements c Entire Agreement — this Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement d Amendments — the parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties e Notices — Any notices required to be given by the City to KCR/CSW Program or by KCR/CSW Program to the City shall be in writing and delivered to the parties at the following addresses City Clerk Jennifer Allik, KCR/AmenCorps 345 Sixth St 845 8th Street Bremerton, WA 98337 Bremerton, WA 98337 f Waiver — Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach g Compliance with State, Local and Federal Laws — KCR/CSW Program agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement h Applicable Law, Venue — this Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Krtsap County Superior Court 3 10. NONDISCRIMINATION: KCR/CSW Program shall not discriminate in employment or services to the public on the basis or race, color, national origin, sex, religion, age, marital status or disability, except employment actions based on a bona fide occupational qualification 11. TERMINATION: this Agreement may be terminated by either party for convenience upon thirty (30) days' written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction with in five (5) days of written notice and diligently completes the correction thereafter Upon such termination, City will be entitled to reports showing the status of all matters upon which KCR/CSW Program is advising the City as of the effective date of terminations IN WITHNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated KITSAP COMMUNITY RESOURCES /CSW PROGRAM Date BY LARRY EYER, Executive Director CITY OF BREMERTON Date BY PATTY LENT, Mayor DEPARTMENTAL APPROVAL DAWN NELSON, Court Manager APPROVED AS TO FORM ROGER LUBOVICH, City Attorney 4 August 31, 2011 To Jonna Koehn City Of Bremerton From Jennifer Allik, AmeriCorps Program Director Krtsap Community Resources Subl City of Bremerton CSW Budget proposal for calendar years 2012 and 2013 At your request we are submitting a contract budget proposal for the Bremerton Municipal Court Community Service Worker Program for (2) two years We are requesting annual funding of $18,675 00 for (Fy 2012), $18,675 00 (FY 2013) The following is a breakdown of the proposed funding 2012 Proposed Budget AmOL111t PI'Oposed Cash match for AmeriCorps members ($3750 pe r member) $ 7,50000 Tools and Safety Equipment $ 4,00000 Office supplies (computer supplies and maintenance, printer, copying a er, etc ) $ 1,10000 Administration (Rent & Utilities and Liability Insurance) 1 $ 6,07500 Total $18,675.00 2013 Proposed Btitlgyet Aniotint Proposed Cash match for AmeriCorps members ($3750 per member) $ 7,500 00 Tools and Safety Equipment $ 4,00000 Office supplies (computer supplies and maintenance, printer, copying a er, etc ) $ 1,10000 Administration Rent & Liability Insurance) $ 6,07500 Total $18,675.00 Please let me know if there is any additional information you require for your budget hearings I look forward to continuing our successful working relationship in the CSW program Sincerely, J AMA 5 Page 1 of 1 Lori Smith From Larry Eyer [LarryE @kcr org] Sent Wednesday, October 26, 2011 1 43 PM To City Council Cc 'Greg Wheeler' Subject FW City CSW Impact Attachments City CSW Impact 10 -26 -2011 doc From: Larry Eyer Sent: Wednesday, October 26, 2011 11 58 AM To: 'Greg Wheeler' Subject: FW City CSW Impact Hi Greg, The attachment has specifics about the benefits of the Bremerton Community Services Worker Program last year I believe the $212,843 benefit to the city reported here is conservative It includes the hours of work by the participants calculated at minimum wage plus the savings from not incarcerating them It does not include the value of the program supervisor Please call if morer information is needed Larry 10/27/2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Contract Award for WELL 13 & Study Session Date October 26, 2011 WELL 14 REHABILITATION / COUNCIL MEETING Date November 2, 2011 REPLACEMENT Department PW &U Engineering Presenter Ned Lever Phone (360) 473 -2398 SUMMARY: Bids were opened for the WELL 13 & WELL 14 REHABILITATION / REPLACEMENT project on Tuesday October 18, 2011 A total of 3 bid(s) were received The lowest responsive bid was from Hokkaido Drilling, Inc, with a bid amount of $111,402 97, including Washington State Sales Tax The engineer's estimate for this project was $133,800 00 This project involves drilling a new well at the Well 14 site located at 5853 Central Valley Road and rehabilitating Well 13 located at 50 NE Vena Avenue ATTACHMENTS: 1 Council Summary, 2 Bid Tabulation 3, P WorKs t FISCAL IMPACTS (Include Budgeted Amount) This project is funded by water rate revenue The Well 14 replacement is a capital improvements project and is included in the 2011 budget with an available amount of $175,000 The Well 13 rehabilitation work is estimated to be $25,000 and is funded through the 2011 Water Resources maintenance budget The total engineer's estimate for both well sites is $138,800 and funding for this work is available in the approved 2011 budget APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION: To approve the contract award to Hokkaido Drilling, Inc, in the amount of $111,402 97 including Washington State Sales Tax and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented STUDY SESSION ACTION: C sent Agend ❑General Business ❑Public Hearing COUNCIL PRESIDENT a COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 COUNCIL SUMMARY Well 13 & Well 14 Rehabilitation / Replacement project The existing Well 13 and Well 14 provide water from the Manette Sea Level Aquifer to East Bremerton and portions of Central Kitsap Well 13 was drilled in 1979 and had an initial capacity of 680 gallons per minute Currently Well 13 operates at a maximum capacity of 530 gallons per minute with a reduction of 22% due to clogging of the screen/soil interface Well 14 was drilled in 1980 and had an initial capacity of 500 gallons per minute Currently Well 14 operates at a maximum capacity of 180 gallons per minute with a reduction of 64% The capacity of Well 14 has degraded to a point where rehabilitation will not be effective in restoring the original operational volumes These wells currently provide water supply in East Bremerton by pumping into the water system Without these wells operating at their maximum capacity, the water source supply from East Bremerton is substantially reduced Bremerton's ground water sources are critical when the surface supply is unavailable and when demands increase in the summer This project will replace Well 14 with a new well casing and screen and will rehabilitate the existing Well 13 WELL 13 SITE WELL 14 SITE r t This project is funded by water rate revenue The Well 14 replacement project is included in the 2011 budget as Miscellaneous Supply Improvements. The Well 13 rehabilitation is a Water Resources maintenance protect and is funded through the 2011 Water Resources Maintenance CITY OF BREMERTON BID TABULATION BID TITLE W ell 13 an d 1 4 Re ha b ili ta tion /Replacement OPENED BY -pGt,i I DATE OPENED l I I g I 1 TIME OPENED a: l RECORDED BY NAME OF BIDDER BOND BASE BID AMOUNT SALES TAX TOTA p r r 02 IS I , © � l l !p 1p SUMMARY COMMENTS TOTAL BID APPARENT LOW BIDDER r I I I� ��� q7 ENGINEER ESTIMATE (INC SALES TAX) $ A (AD t)V � i r c k SECOND LOW BIDDER IRD LOW BIDDER PUBLIC WORKS AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ( "City "), and ( "Contractor "), whose mailing address is The parties agree as follows 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City as specified in the attached (1) Technical Specifications for the drilling of replacement Well 14, (2) Technical Specifications for the Rehabilitation of Well 13, (3) Invitation to Bid and (4) all additional Contract Bid Documents The rehabilitation of Well 13 shall be completed and the well placed back in service prior to the removal of Well 14 from the existing water system. 2. TIME OF COMPLETION. Contractor shall complete the work within ninety (90) calendar days from the date of issuance of the City's Notice to Proceed 3. COMPENSATION. The City shall pay the Contractor the total amount of $ , plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement The Contractor shall invoice the City monthly The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City as defined in the attached Bid Price Schedules for Well 14 Replacement and Well 13 Rehabilitation The City payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project A Performance Bond Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a performance bond for the full contract amount to be in effect until sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60 28 RCW, whichever is later 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state industrial insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub - contractors The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub- contractors. WELL 13 & WELL 14 REHABILITATION / REPLACEMENT PROJECT (October 20, 2011) PUBLIC WORKS AGREEMENT —Page 1 of 10 (between City of Bremerton and ) 5. TERNIINATION. The City may terminate this agreement without notice for good cause "Good cause" shall include, without limitation, any one or more of the following events A The Contractor's failure to supply sufficient skilled workers or suitable materials or equipment B The Contractor's failure to prosecute the work with such diligence as will ensure its physical completion within the original physical completion time specified in this Agreement and any extensions of time which may have been granted to the Contractor by change order or otherwise C The Contractor's failure to make full and prompt payment to subcontractors or for material or labor D The Contractor's disregard of federal, state or local laws, rules or regulations E The Contractor's filing for bankruptcy or becoming adjudged bankrupt F The Contractor disregards the authority of the City G The Contractor performs work which deviates from the Contract, and neglects or refuses to correct rejected work. H The Contractor's failure to provide continuous competent supervision. I The Contractor otherwise violates in any material way any provisions or requirements of the contract If the City terminates this agreement for good cause, the Contractor shall not receive any monies due under this agreement, if any, until the Contract work is completed 6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work Contractor shall pay prevailing wages and comply with Chapter 39 12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached 7. CHANGES. The City may issue a written or oral work change directive for any change in the Contract work during the performance of this agreement If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change If the City determines that the change increases or decreases the Contractor's costs or WELL 13 & WELL 14 REHABILITATION / REPLACEMENT PROJECT (October 20, 2011) PUBLIC WORKS AGREEMENT — Page 2 of 10 (between City of Bremerton and ) time for performance, the City will make an equitable adjustment The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate The Contractor shall proceed with the change order work upon receiving either a written or oral work change directive from the City or a change order from the City If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work, however, the Contractor may elect to protest the adjustment as provided below A Procedure and Protest by the Contractor If the Contractor disagrees with anything required by a written work change directive, oral work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall. 1 Give a signed written notice of protest to the City within one business day, 2 Supplement the written protest within five (5) calendar days with a written statement that provides the following information- a. The date of the Contract's protest b The nature and circumstances that caused the protest C The provisions in this agreement that support the protest d The estimated dollar cost, if any, of the protested work and how that estimate was determined e An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work The City shall have access to any of the Contractor's records needed for evaluating the protest 3 The City will evaluate all protests, provided the procedures in this section are followed If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment No adjustment will be made for an invalid protest B Contractor's Duty to Complete Protested Work In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered WELL 13 & WELL 14 REHABILITATION / REPLACEMENT PROJECT (October 20, 2011) PUBLIC WORKS AGREEMENT — Page 3 of 10 (between City of Bremerton and ) C Contractor's Acceptance of Changes The Contractor accepts all requirements of a change order by (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change D Failure to Protest Constitutes Waiver By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination) E Failure to Follow Procedures Constitutes Waiver By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written or oral order (including directions, instructions, interpretations, and determination) 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement, or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor's written claim must include the information set forth regarding protests in Section 7 A 2 a -e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY Contractor must, in any event, file any claim or bring any suit ansing from or connected with this agreement within 120 calendar days from the date the contract work is complete 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the Contractor's acceptance of the City's final payment under this contract When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction WELL 13 & WELL 14 REHABILITATION / REPLACEMENT PROJECT (October 20, 2011) PUBLIC WORKS AGREEMENT — Page 4 of 10 (between City of Bremerton and ) 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages solely caused by the City's negligence The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of mdemmfication Should a court of competent jurisdiction determine that this agreement is subject to RCW 4 24 115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration or termination of this agreement 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Contractor, its agents, representatives, employees or subcontractors Before beginning the work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing• A Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage, and B Commercial General Liability insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage Coverage shall include but not be limited to blanket contractual, products /completed operations/broad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's liability Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor WELL 13 & WELL 14 REHABILITATION / REPLACEMENT PROJECT (October 20, 2011) PUBLIC WORKS AGREEMENT — Page 5 of 10 (between City of Bremerton and ) The City reserves the right to receive a certified copy of all the required insurance policies. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability The Contractor's insurance shall be primary insurance as respects the City and it shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473- 5161, or by certified mail, return receipt requested to City of Bremerton, attn Risk Management, 345 6 Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement If this contract requires work to be performed in or on navigable waters, the Contractor shall provide insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for claims made under the Longshoreman and Harbor Workers Act and the Jones Act 12. MISCELLANEOUS. A Nondiscrimination In the hiring of employees for the performance of work under this Agreement or any sub - contract hereunder, the Contractor, its sub - contractors, or any person acting on behalf of such Contractor or sub - contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, physical disability, or sexual orientation discriminate against any person who is qualified and available to perform the work to which the employment relates B Compliance with Laws Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement C Work Performed at Contractor's Risk Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work WELL 13 & WELL 14 REHABILITATION / REPLACEMENT PROJECT (October 20, 2011) PUBLIC WORKS AGREEMENT — Page 6 of 10 (between City of Bremerton and ) D Nonwaiver of Breach The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect E Governing_ Law This agreement shall be governed and construed in accordance with the laws of the State of Washington If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington F Attorney's Fees To the extent not inconsistent with RCW 39 04 240, in any claim or lawsuit for damages arising from the parties' performance of - this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement G Written Notice All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement H Assignment Any assignment of this agreement by the Contractor without the written consent of the City shall be void. I Modification No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor J Severability If any one or more sections, sub - sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect K Entire Agreement The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement This agreement and any attached Exhibits contain the entire agreement between the parties Should any language in any Exhibit to this agreement WELL 13 & WELL 14 REHABILITATION / REPLACEMENT PROJECT (October 20, 2011) PUBLIC WORKS AGREEMENT — Page 7 of 10 (between City of Bremerton and ) conflict with any language contained in this agreement, the terms of this agreement shall prevail. WELL 13 & WELL 14 REHABILITATION / REPLACEMENT PROJECT (October 20, 2011) PUBLIC WORKS AGREEMENT — Page 8 of 10 (between City of Bremerton and ) IN WITNESS WHEREOF, the parties below have executed this agreement. CONTRACTOR THE CITY OF BREMERTON Print Name. Print Name Patty Lent Title Title Mayor DATE DATE Notices to be sent to: Notices to be sent to: CONTRACTOR CITY OF BREMERTON Paul C Wandlmg, PE Project Engineer 3027 Olympus Drive Bremerton, WA 98310 (360) 473 -2351 (360) 473 -5398 (facsimile) APPROVED AS TO FORM Bremerton City Attorney ATTEST Bremerton City Clerk R \LEGAL \Contracts\FORMS \ShortForm PW Agr doc r WELL 13 & WELL 14 REHABILITATION / REPLACEMENT PROJECT (October 20, 2011) PUBLIC WORKS AGREEMENT — Page 9 of 10 (between City of Bremerton and ) PREVAILING WAGES AGENDA BILL CITY OF BREMERTON CITY COUNCIL Co�C1+_ Cc) o n ty SUBJECT: Park Avenue Plaza Project Study Session Date f&t1f2944 10/26y( Phase II Construction Contracts, Trenching COUNCIL MEETING Date Qf46/2844 I I for Utilities, Park Ave & 4 St Department Executive y I ro ements, Garage Screening, Planters, Presenter Gary Sexton Brick Veneerjsewer Main Lining Phone 360- 981 -1025 SUMMARY: Park Avenue Plaza Phase II (EDA funding with matching funds) work for six sub - category scopes of work are out to bid for the following A Fourth Street West. United Way easement Trenching (PSE Phase A) — estimate $140,000 This work is for the utility trenching from the 4 8 Park intersection to the east side of United Way then south to the alley edge for undergroundm� the alley utilities that service United Way (Schedule 74 work) B Park Avenue /4 St and Park Ave intersection — estimate $475,000 This scope of work includes new sidewalks, planting strips, pavers, asphalt paving, street lighting, bulb outs and the raised granite compass and anchor intersection at the corner of St. qntiJ22rk Aga C Park Ave aza. nc eneer Installation — estimate $105,000 This work scope is for the bric=veneeron the Burwell Street side of the above grade arkin ara a The work is east of the SeeFdm Cine Park Avenue aza Park, Steel filteF ening — estimat e is work scope is the m- i Fparki garage steel filter screening for the two above grade levels of the Park Ave Plaza Parking Garage fronting Burwell St, east of the SeeFdm Cinema E Fourth Street Sewer Lining — Estimate $175,000 This scope of work is to line the interior of the dilapidated, old sewer line extending on 4 St from Pacific Ave to Park Avenue The work will be done before, and in anticipation of street scaping this same area F Park Ave Plaza Planter /Burwell — estimate $30,000 This scope of work is for the construction of planters for trees and grasses located on the Park Ave Plaza Parking Garage site, facing Burwell, east of the SeeFtlm Cinema and between the existing sidewalk and the parking garage ATTACHMENTS: Scope of work forte contract, standard public works construction contract master document 9;J.T4 b shw FISCAL IMPACTS (Include Budgeted Amount) The necessary funds and program have been previously approved by the Council and appropriated in Park Avenue Plaza Phase II (EDA funding and match) in fund 306 APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION Pled_ S ee_ f�a9e 2 STUDY SESSION ACTION: gConsiqnt Agenda General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form UodafPd Ali Al7n11 RECOMMENDED MOTIONS: Approved October 19 ✓A Move to approve the Fourth Street West, United Way Easement Trenching (PSE Phase A ) — Public Works Construction Contract to SOUTH BAY EXCAVATING, INC. in the amount of $52,830.00 and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented Approved October 19 ✓ B Move to approve the Park Avenue /4 St and Park Ave Intersection Improvements Public Works Construction Contract to SERPANOK CONSTRUCTION, INC. in the amount of $550,000.00 and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented Recommended Motion for November 2: C Move to approve the Park Ave Plaza, Brick Veneer Installation Public Works Construction Contract to COULTAS GENERAL CONTRACTING in the amount of $70,958.00 and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented Approved October 19 ✓D Move to approve the Park Avenue Plaza Park, Steel Filter Screening Public Works Construction Contract to SERPANOK CONSTRUCTION, INC in the amount of $99,950.00 and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented Recommended Motion for November 16 (Study Session November 9): E Move to approve the Fourth Street Sewer Lining Public Works Construction Contract to in the amount of and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented Approved October 19 ✓ F Move to approve the Park Ave Plaza PlanterBurwell Public Works Construction Contract to COMBINED CONSTRUCTION, INC. in the amount of $34,200.00 and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented CITY OF BREMERTON BID TABULATION BID TITLE GARAGE BRICK VENEER OPENED BY ALYCE FIERRO DATE OPENED: 10/26/2011 TIME OPENED ``. ' 9 . M . RECORDED BY- CHRISTIAN KYSER NAME OF BIDDER BOND BASE BID AMOUNT SALES TAX TOTAL 1 � ► ©O. tJ C)V . n,qs rl olq 5 q ou . vc) c;�2 t L A i Q U0 . SUMMARY COMMENTS TOTAL BID APPARENT LOW BIDDER ENGINEER ESTIMATE (INC SALES TAX) $ SECOND LOW BIDDER , -30 L `� v� • vv THIRD LOW BIDDER 5> X 1 0 d� . CE V� Scon, e, PARK & 4 STREET - PHASE TWO CITY OF BREMERTON INVITATION TO BID EDA Award 07 -01 -06590 INVITATION TO BID BREMERTON "PARK & 4T" STREET - PHASE TWO BREMERTON PARK PLAZA GARAGE BRICK VENEER INSULATION Bremerton, Washington Bids Due: 12 October, 2011 City of Bremerton, will receive sealed bids for the installation of veneer on the south elevation of the above grade portion of the Park Plaza Garage along Burwell Street Bremerton, WA 98337 The western portion of the site remains an active construction site, follow safety protocol when visiting. Bids shall be labeled: Attention- Gary Sexton, City of Bremerton, Confidential - Bid for the City of Bremerton's Park Plaza Garage Brick Veneer Installation. City of Bremerton will receive bids Finance Department 345 6th Street, Suite 600 Bremerton, WA 98337 until 12:00 PM, October 12, 2011 The bids will be opened and publicly read aloud immediately following All interested parties are invited to attend. In accordance with RCW 39.30 060, bidders are to provide list of principal subcontractors within 24 hours of Bid Submittal. Bids received after the specified time will not be accepted It is the sole responsibility of Bidders to deliver their bid to the designated place at the designated time. Oral, telephonic, faxed or emalled bids are invalid and will not receive consideration. Contractors may obtain Bidding and Contract Documents by- • Emailing PJ Santos @ 11101oraxnartners.com or viewing posted document on City of Bremerton web site www.ci.bremerton.wa.us "Public Notices & News % The City of Bremerton reserves the right to reject any or all bids, and waive any informalities or irregularities in the bidding Page l of l PARK & 4TH STREET - PHASE TWO CITY OF BREMERTON SCOPE OF WORK EDA Award No. 07 -01 -06590 Brick veneer addition to south elevation of the Park Plaza above grade garage on Burwell Ave - Scope of Work; 1. Supply and install brick, concrete masonry backup, steel ledger angles and associated metal flashing and materials. 2. Back specification shall be Interstate Brick, Monterey L -4, Color Standard. Accent brick shall be Interstate Brick, Mountain Red L4, Color Standard. I PARK & 4TH STREET - PHASE TWO CITY OF BREMERTON CONSTRUCTION DOCUMENTS EDA Award No. 07 -01 -06590 Park Plaza Garage above grade brick veneer installation on south elevation, Construction Documents: 1. ExceItech Consulting, Inc - structural details 1 -4. 2. Brick elevations, enlarged plans and detail dated 9- 29 -11- Sheets 1, 2 & 3 3. EDA Contracting Provisions for Construction Projects 4. Davis Bacon Washington Wage Rates for Kitsap County ( www.gpo.gov /davisbacon /WA.html) Page 1 of 1 IM Wol" jv fr ,� t 11 1 Gh 511 -,Z ✓-ice , �9 r N NI PA /+� �� �/�� J����(/�� X.�.`.x• , s s��;�7� �a a"•4" Wa+.�w f• ,�. f . Yw:77 _ e _ _ ;ah t ,�." : ',�'� _ �y�dd�d V +r 'W _ ' -�'�^V �'�i�'W �+4 �n � '� t � 4 4 TT j� - 4 JAI. r JA II VPVIJ -;ANA i � r u {L c — 7 z ^t i loam 1 r ti1i N % i F r a 1 I ' f' r ' b g BKIGK ccwttj ai �f3 yEAIANT aop,r t .. ° : EF74t: oFtow.tt&r� I CAft B 0 (�� 5�Y4 SFIOi�f • •• •• e o o w oo e . OF CAM IW V'rYt° N� -7 6 g ��� Dt:fAtl. AT P'.'1- (.01,IANN (P�51r►) pmjw Engbow ProJe� Date &igaet e x e t t e c h ` � °� Dare 1 GoN coL . i t 3 �u P4 ou. e x e l t e c h Choamr. P ao O (::OJVC COLUMN t I i Q PACK V g - - I - n 1 "We kt;'- s 'w Nos .T.�,c .fit t t L 4 Y 4 �L a _ ANAfVA R �} Prated � arwoa r Dow `1� giedw e x e l t e c h p age 3 ww F C 4 Cast VJ A-t t_ T, P S w z i GgcV-4 41 a4pp 13&JT PL L6x4 K Y ifI LTf (i $4 4 ,4 Ic ' a' —o• a.e B — F3 f r w PMI- Ere— Propa e i lFl dV' oo" e x e l t e c h P"Go Daw Gout Cr L PPOI I VG N%r" b !f i SLAB N J xcTL � 4 /f 4" _ 3 �foRr Y� P-3 Pte¢ I PUBLIC WORKS AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City "), and (' Contractor "), whose mailing address is The parties agree as follows 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City i 2. TIME OF COMPLETION. Contractor shall complete the work within 21 calendar days from the date of issuance of the City's Notice to Proceed 3. COMPENSATION. The City shall pay the Contractor the total amount of $ , plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement The Contractor shall invoice the City monthly The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City The City payment shall not constitute a waiver of the City's right to final inspection and acceptance of the protect A Performance Bond Pursuant to Chapter 39 08 RCW, the Contractor, shall provide the City a performance bond for the full contract amount to be in effect until sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any bens filed under Chapter 60 28 RCW, whichever is later B Reta_ inaPe The City shall hold back a retainage in the amount of five percent (5 %) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60 28 RCW, whichever is later. C Defective or Unauthorized Work The City reserves its right to withhold payment from Contractor for any defective or unauthorized work 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City The Contractor shall secure at its expense. and shall be responsible for all payments of income tax. social security, state industrial insurance compensation, unemployment compensation, and all other payroll deductions fol the Contractor, officer, agents, employees and sub - contractors. The Contractor shall also secure all applicable business licenses. if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub - contractors City 5. TERMINATION. The City may terminate this agreement at the convenience of the 6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39 12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions Davis -Bacon wage rates are to be used for this project The latest prevailing wage late revision issued by the Department of Labor and Industries is attached 7. CHANGES. The City may issue a written or oral work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary. Contractor must submit a written change order request to the City's pioject manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment No adjustment will be made for an invalid protest A Contractor's Duty to Complete Protested Work In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered with the retained right to file a claim 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims Any claim for damages, additional payment for any reason, or extension of time. whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement, or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY Contractor must, in any event file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the Contractor's acceptance of the City's final payment under this contract. When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City. its damages, losses or suits including all legal costs and attorney fees. arising out of or in connection with the performance of this agreement except for injuries and damages caused by the City's negligence The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification Should a court of competent jurisdiction determine that this agreement is subject to RCW 4 24 115, then. in the event, of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and %olunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Contractor, its agents, representatives, employees or subcontractors Before beginning the work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing A Automobile Liability insurance with limits no less than $1,000,000 combined single lima per accident for bodily injury and property damage, and B Commercial General Liability insurance written on an occurrence basis with limits no less than $2,000,000 combined single lima per occurrence and $2,000,000 aggregate foi personal injury, bodily injury and property damage Coverage shall include but not be limited to blanket contractual. products /completed operations /broad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's liability C Endoi semen ts in accordance v Right of Way permits Any payment of deductible or sett' insured retention sliall be the sole responsibility of the Contractor The City reserves the i ight to receive a certified copy of all the required insurance policies The City, its officials. employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The Contractors insurance shall contain a clause stating that coverage shall apply separately to each insui ed against whom claim is made or suit is bi ought except with respects to the limits of the insurer's liability. The Contractor's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice by certified mail. return receipt requested, of any cancellation, suspension or material change in coverage 12. MISCELLANEOUS. A Nondiscrimination In the hiring of employees for the performance of work under this Agreement or any sub - contract hereunder, the Contractor, its sub- contractors, or any person acting on behalf of such Contractor or sub- contractor shall not, by reason of lace, religion color, sex. national origin. or the presence of any sensory, mental, physical disability, or sexual orientation discriminate against any person who is qualified and available to perform the work to which the employment relates B Compliance with Laws Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement C Work Performed at Contractor's Risk Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor's own risk, and Contractoi shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work D Nonwaiver of Breach The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect E Governing Law This agreement shall be governed and construed in accordance with the laws of the State of Washington If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the ,jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington F Attorne s Fees To the extent not inconsistent with RCW 39 04 240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit. however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement G Written Notice All communications regarding this agreement shall be sent to the norluon nt fke nA.l....,.,.,.,. 1 ......1 .,_ j _ _ unless otherwise notified Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing bN registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement H Assignment Any assignment of this agreement by the Contractor without the written consent of the City shall be void I Modification No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor J Severabilrtv If any one or mole sections, sub - sections. or sentences of this agreement are held to be unconstitutional o> invalid. that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect K Entire Agreement The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement This agreement and any attached Exhibits contain the entire agreement between the parties Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail IN WITNESS WHEREOF, the parties below have executed this agreement CONTRACTOR THE CITY OF BREMERTON Print Name. Print Name - Title Title DATE DATE Notices to be sent to: Notices to be sent to; CONTRACTOR CITY OF BREMERTON Atten Gaiy Sexton 345 6' Street, Suite 600 Biemerton. WA 98337 (360) (360) (facsimile) PARK & 4T" STREET PHASE TWO CITY OF BREMERTON GENERAL REQUIREMENTS EDA Award No 07 -01 -06590 General Requirements: A. Price and Payment Procedures 1. Substitution Procedures- Prior to bidding contractors may provide Substitution Requests via email to or ,,v,1 It within 3 days of Bid, approved submittals will be noted in addendum Substitutions represent proposed product has been investigated and determined equal or superior to that specified. 2. Schedule of Values - Before 1s' application for payment submit Schedule of Values for approval. Schedule of Value should include all major work activities and include labor and materials. 3. Progress Payment Procedures - Contractor to provide invoice to Brian Fyall by end of month, set up time for site walk through to confirm billing percentage complete. Contractor to include lien releases from prior month with subsequent applications. 4. Certified Payrolls are to be provided at the end of each month. B Administrative Requirements 1. Project Coordination- General Contractor is to coordinate scheduling, submittals, and work. General Contractor to coordinate testing & inspection, utility connections, City inspection and final approval 2 Project Meeting - Weekly construction meeting are to be held General Contractor to take and distribute notes Agenda to include three week look ahead schedule; outstanding RFi's and submittals; status of payments, 3. Construction Progress Schedule - Provide critical path schedule showing major activities and milestones Update schedule if critical path work is behind my more than 2 weeks. 4 Communications - Address all RFI's and Submittal to Brian Fyall RFi's to be numbered consecutive, assume two week turn around for all RFI's. 5 Submittal procedure - Provide shop drawings and submittals as required by Contract Documents, provide 6 hard copies of drawings and 3 hard copies of product information Where submittal is design -build provide engineered stamped drawing by registered engineer in the State of Washington C Quality Requirements 1. Regulator Requirements - Contractor to comply will laws, ordinances, rules, regulations as required by City of Bremerton and the State of Washington in the construction of the noted project 2 Quality Control - General Contractor to maintain quality control over suppliers, manufacturers, products, services, site conditions and workmanship to produce specified quality. 3. Testing and inspection - Owner will contract for special inspection services for geotech and construction testing and inspection General Contractor is to coordinate inspection times directly with inspection agency PARK & 4TH STREET PHASE TWO CITY OF BREMERTON I GENERAL REQUIREMENTS EDA Award No 07 -01 -06590 D. Temporary Facilities and Controls 1. Temporary utilities - General Contractor is responsible for all required temporary utilities (electrical, telephone, water, sewer and storm run off) 2 Field offices - General Contractor shall provide temporary field offices and sheds are required to complete construction 3. Vehicular and pedestrian traffic control - Provide safe and expeditious movement of vehicular and pedestrian traffic on adjacent streets, alley and sidewalks. Pay for City uses fees as required by City 4 Temporary barriers and enclosures - Furnish, install and maintain suitable security fencing and other protective and sheltering devices as required to complete the work. 5. Security - Protect premises from entry by unauthorized persons Protect completed work, stored product and construction equipment from theft and vandalism 6. Temporary controls - Provide and maintain controls using methods, equipment and temporary construction to protect site and related areas from. air, water and soil pollution, waste generation, other irritating and harmful activities Keep adjacent sites clean and free of debris 7 Safety - Comply with State of Washington and City of Bremerton safety laws and requirements. 8. Noise control - take reasonable measures to suppress noise from work operations E Product Requirements 1 Product storage & handling - Products, materials and equipment incorporated into the work shall be new unless otherwise noted. Provide for protection of all • products, materials and equipment stored on site or off site F Execution and Closeout Requirements 1. Field engineering - Provide field engineering survey services to ensure there are no encroachments on adjacent properties 2 Protection of adjacent construction - protect all existing properties from work under this contract. 3. Cutting and patching - General Contractor is responsible for cutting, fitting and patching as required to complete the work 4 Construction waste management & disposal - Project is not LEED certified, however final waste generation performance goals are 95% for salvage / recycle. 5. Final cleaning - At completion all areas must be cleaned and ready for occupancy / use as intended 6 Closeout procedures - General Contractor to notify Owner when project is ready for inspection and punch list. GC to provide to Owner their own pre -punch list and outstanding items (i.e final clean, operation and maintenance data, warranty) PARK & 4T" STREET PHASE TWO CITY OF BREMERTON GENERAL REQUIREMENTS EDA Award No 07 -01 -06590 7 Operation and maintenance data - At completion of job and prior to release of retention General Contractor to provide operation and maintenance manuals for protect. 8 Warranties - See contract for warranty language and duration. 9 Protect Record Documents - Provide record set of all drawings with noted changes Provide final Change Order and contract modifications Design build as- builts. i NOTICE OF REQUIREMENTS FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPL01 MENT OPPORTUNITY (EXECUTIVE ORDER 11246 AND 41 CFR PART 60 -4) The following Notice shall be included in, and shall be a part of all solicitations for offers and ' bids on all Federal and federally assisted construction contracts or subcontracts in excess of $10,000 The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein The goals and timetables for minority and female participation, expressed in percentage p p � ten ms for the Contractor's aggregate workforce in each trade oil all construction work in the coveied area. are as follows Timetables Goals for minority Goals for female participation for each trade participation for each trade % 6.9 These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually pei formed With regard to this second area, the contractor also is subject to the goals for both its fedeially involved and non federally involved construction The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60 -4 shall be based on its implementation of the Equal Opportunity Clause. specific affirmative action obligations requited by the specifications set forth in 41 CFR 60- 4 3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60 -4 Compliance with the goals will be measured against the total work hours performed The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any consti uction subcontract in excess of $10,000 at any tier for construction work under the contract iesulting from this solicitation The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor. estimated dollar amount of the subcontract, estimated starting and completion dates of the subcontract. and the geographical area in which the subcontract is to be performed As used in this Notice, and in the contract resulting fiom this solicitation, the "covered area" is State of County of City of PARK & 4" STREET — PHASE TWO CITY OF BREMERTON FORM OF PROPOSAL EDA Award No 07 -01 -06590 AFFIDAVIT OF NON- COLLUSION State of Washington ) ss County of ) being duly sworn, deposes and says, that he is the identical person who submitted the foregoing proposal or bid, and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person not thereon named, and further, that the deponent has not directly or indirectly induced or solicited any other bidder on the foregoing work or equipment to put in a sham bid, or any other person or corporation to refrain from bidding, and that deponent has not, in any manner, sought by collusion to secure himself, or to any other person, an advantage over any other Bidder or Bidders Sign Here (Company Name) (Signature) (SEAL, IF INCORPORATED) (Title) Subscribed and sworn to before me this day of , 20_ Notary Public in and for the State of Washington, residing at (This Affidavit properly executed must accompany all proposals) DATE SUBMITTED AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ eeeeeeeeeeeeeeeeseeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeoeeeeeeeeeeeseaeeeeeeeeeeeeeeeeeee■ SUBJECT: Public Hearing and passage of Committee Meeting Date 10/26/2011 Resolution No 3155 approving the 2012 COUNCIL MEETING Date 11/2/2011 Community Development Block Grant (CDBG) Department DCD — Block Grant funding recommendations for inclusion in the Presenter M Vila 2012 CDBG/HOME Action Plan Phone 360- 473 -5375 SUMMARY: On May 18` 2011, City Council approved the 2012 CDBG / HOME Policy Plan outlining the CDBG and HOME funding allocation process Based on that policy, the program's Grant Recommendation Committees have developed funding recommendations for Council consideration and approval. If approved, these submissions will be sent to the Department of Housing and Urban Development (HUD) in the 2012 Annual Action Plan ATTACHMENTS: 1 Staff Memo 2 Resolution with Exhibits NO 3 Exhibit A 2012 CDBG/HOME Funding Recommendations Exhibit B• 2012 CDBG/HOME Protect Descriptions Commey+ L*-V rs FISCAL IMPACTS (Include Budgeted Amount) none APPROVALS: DEPARTMENT DIRECTOR- CITY ATTORNEY FINANCE DIRECTOR: r COUNCIL PRESIDENT CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING RECOMMENDED MOTION: Move to pass Resolution No 31 S5 approving the 2012 funding recommendations to be included in the 2012 Action Plan to HUD, and authorize the Mayor to finalize and execute the contracts with substantially the same terms and conditions as presented once all funding has been secured and HUD has approved the Annual Action Plan. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action DEPARTMENT OF COMMUNITY DEVELOPMENT ¢o4 op MEMORANDUM To: Bremerton City Council From: Mane Vila, CDBG /HOME Administrator Date: November 2, 2011 Re: 2012 Funding Recommendations and Action Plan On May 1e, 2011, the City Council approved the 2012 CDBG / HOME Policy Plan which outlined the funding allocation process and included CDBG rules and regulations The 2011 Policy Plan established a new, coordinated grant process with Kitsap County Block Grant and the KRCC The Policy Plan also allocated funding for CDBG and HOME Administration, and HOME funding for the Down Payment Assistance Program All other funding is allocated through a competitive process Applications for 2012 CDBG and HOME funding were due on July 15, 2011 Received were • 36 Public Services Applications • 26 Capital Applications (including Operations and Maintenance) Applications were screened by Coordinated Grant staff for completeness, and eligibility, and by the County Auditor for the organizations' financial compliance and capacity Grant Recommendation Committee reviewed all applications and conducted interviews with each applicant agency Staff is now conducting a 30-day public comment from September 23 through October 25 Any comments received during this penod all be forwarded to Council for consideration Recommendations will be presented to Council for approval on November 2 in a public heanng All funding approvals are contingent upon estimated 2012 funding from the Department of Housing and Urban Development (HUD), reallocated funds from previous years, and program income The Grant Recommendation Committee has developed funding contingency provisions in case the City receives more or less funding than anticipated If approved, these funding recommendations all be submitted to HUD in the 2012 Annual Action Plan, due to HUD November 15, 2011 Should you have any questions or concerns regarding any of these items please do not hesitate to contact Mane Vila at (360) 473 -5375 RESOLUTION NO 5155 A RESOLUTION of the City Council of the City of Bremerton, Washington, approving the 2012 CDBG/HOME Funding Recommendations for inclusion in the 2012 CDBG /HOME Action Plan WHEREAS, the City of Bremerton is an entitlement community which receives a Community Development Block Grant (CDBG) each year from the Department of Housing and Urban Development, and also receives funding from HUD's Home Investment Partnerships (HOME) fund via an mterlocal agreement with Kitsap County, and WHEREAS, the City of Bremerton conducts a competitive annual process to determine allocation of CDBG and HOME entitlement, and WHEREAS, the City of Bremerton is required to establish a Policy Plan for the City's management of its HUD entitlement, including outlining the citizen participation plan, application and review processes, and eligibility and implementation requirements for grant funded projects, and WHEREAS, the City of Bremerton's 2012 Policy Plan citizen participation plan establishes a Grant Recommendation Committee to assist the Department of Community Development in reviewing CDBG and HOME applications by interviewing applicants and recommending annual project allocation to the Bremerton City Council, and WHEREAS, the CDBG / HOME Citizen Advisory Committee has reviewed, interviewed and discussed all of the eligible CDBG and HOME requests and formulated funding recommendations and a funding contingency plan based on their review, and WHEREAS, the Department of Community Development CDBG/HOME staff on Friday, September 23, 2011 posted the recommendations to the City's websrte and advertised in the Kitsap Sun a 30 -day written public comment period commencing September 23, 2011 and concluding October 25, 2011, and WHEREAS, no comments were received during the advertised public comment period, and WHEREAS, the Department of Community Development CDBG /HOME staff presents the Citizen Advisory Committee's recommendations to the City Council for adoption, NOW THEREFORE, 1 2012 CDBGIHOME Funding Recommendation THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTION]. The recitals and findings of fact set forth in this resolution are hereby incorporated as if fully set forth herein SECTION 2. The 2012 CDBG /HOME Funding Recommendations attached hereto as Exhibits A and B is hereby adopted, and will be incorporated into the 2012 Action Plan to be submitted to the Department of Housing and Urban Development for approval SECTION 3. SeverabihU If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect SECTION 4. Effective Date This Resolution shall take effect and be in force immediately upon its passage PASSED by the City Council of the City of Bremerton, Washington this day of 1 2011 WILL MAUPIN, Council President APPROVED AS TO FORM ATTEST ROGER A LUBOVICH, City Attorney CAROL ETGEN, City Clerk 2 2012 CDBG/MOME Funding Recommendation 2012 Coordinated Grant Process - Public Service Recommendations Funds GRC Funds County County County City Agency �� _ P ublic Service Project req uested _ Re commended CDBG Eton D HOM E_ _CDBG_ _H I Case Manag Sis II ( $58,967 $19,500` _I $1 9,500 Boy & Girls Club Kitsap Pro Operations $15,000 $ 16,0 o $10,00 Br F _ ;Ag S ala n es _ $22,000 $13,600 $13,6 Bremert Housin Authont Rental A $135,450 $70, $70,000 Br R escue Per manent Ove rnig ht Shelte -- $80,000 $Oil Bremerton Serv Assn -- Chuckwagon Meals on Whee $30,00 $19,500 $19 ,500 , --� Catholic Com munity Svcs Benedict House � $ 92,000 . 1 $45,500 _ 1 $45,50 Catholic Housi Max Hale Center - Res Svcs Coord i $50,631 $10, $1 0,000 C_ Food bank Food Distribution ~ $20,000 $13,600 $13 H elpline Hous A Coo rdinated S ystem of Service $12,000 $10,000 $10,000 Holl Ridg ' Partnershi for Children at Risk $14,8 $10, $10 Hope In Chnst� a Oasis Youth Cont of Services �� $10 8,540 $100,000 $30,0 _ $69,961 Hope In Chnst Te Shelter $59,5 $0 $0 H o p e In Chns w Job Trainin Pro _ $54,1801 $0 _ Housing Kitsap � ; Housin g Stabilization Prog $200,0001 $113,7 $113,750 �_ _ Housin Resources B oard , Rental Assistance $60,000 $4 8,000 I $48,000 Housin Resour Board _ CHDO Oper _ _ $50,00 _ $19,500 1 1 $1 9,500 1 KCR Homeless Child & Famil Services _ $160,000 $123,641 $4 7,523 - _ _ - -�_ $76,118 Kitsa Adu Ctr for Learrnng� Trainsitionin Students to Workforce $20,000 $10,000 $10,000 Kitsa Econ Dev Alliance _ Selling To The Government $25,000 Y $0 Kitsap Humane S Low Income Vet Services _ $25, $0 K Recovery C Emergency Housing Prog $ $87,50 $87,5 Kitsa Assault Ctr _JChdd A buse Intervention j $37 ,000 _ $15,000 $15 000 ~ NK Fishline _ H omeless Su Services $42,500 _ $ 26,000 _ � � $26,000 Olymp Coll ege Foundation SING (Students In Need Group) $30,972 $0 RMH Services U ntreated Ment III $3 5,000 $0 _ Salvation Arm Salvation Arm Soc ial Serv 0 $50,000 $16,500 1� _ $16,500 Soundworks Job Ce No -Fee Referral $10,00 $O tsa $80,000 _ Was hington CASH _ (Ki Micorenter Dev_ Initiative ��$20,000 $20,00 W Found Geor g ia's Ho us e - ��- � - $100, $0 y � �_� ��� _ _ _ _ s 1 W estsound Treatment Ctr Case Mg - O'Hana & Lighthouse $72,000 $22,000 $22,000 Westsound Treatment Ctr ; Forward Bound $15,000 $0 W estsound Treatment Ctr 1 13ehavonal Health Services $27,000 $10,000 $10,000 0w - � YMCA ;C h ild care Scholarshi $35,000 $10,000 $10,000 _ YWCA [ALIVE Famil y Services $25,0 $14,000 $14,000 YWCA Leg Advo cacy $25,000 $13,000 J$13,000 _ $2,009,455 $870,591 $149,6231 $20,0001 $19,6001 $76,6391 $004,829 _ Contmaencv Total Available $870,591 $149,6231 $20,0001 $19,5001 $76,639j 00 If less funding received Proportional cut to all agencies Remainder $0 $0 $0 $01 $0 --I down to minimum of $10,000 D If more funding received Proportional to all agencies 2012 Coordinated Grant Process - Capital Recommendations Funds GRC Funds City County City County Agency _ Ca pita l P rotect req uested Recom CDBG_ CDB HOME HOME AHGP H HGP Sisy phus II Pro tect B ased O/M 1 $47,414 1 __. $47,41 1��� Agap _ _ Koino Inn Transitional Hs g_ O /M _ 1� $22,3_0 $22,308 Bo & Girls Clu b_ Bremerton Teen Center 1 $200,000 $40,000 $40, 000 Brem Housin Auth ority Bay Vista Affordable Home ownership $3 $150 ,000' _ $150,000 Catholic Com munity Serv Benedict Ho $25,000 _ $ 20,00_0, _! $20,000 Catholic Housing -- Max Hale C enter $10 � $ 25,000 _ � $ 25,0 00f_ Cit of Bre Parks & Rec Ever Park Access Play Protect $162,000 $162 ,0001 $162,0001 R __ Community Frameworks ;Built In Bremerton $300 ,00° $90,000 y ' -- $90,00_0 Housin Kdsa _ Austu m_ n Paint $48,400 $48,400 $48,400 - l _ Housi Kitsa _ _ Rh Roof $150,000 $87,000 $87,000 Housin Kitsa _ Fairnew Painting_ $150,000' $35,000 $35,000 _ ousin Kitsap _ C hico Passa _ $ H ,000 - , 1 $ Housin Kitsap Sin gle Family Rehab Pro $267,362��_ $255, $25 Housin Kitsa _. jDown Pay Assista Pro f $100,000 _ $60,00 1 $60,000 4 Hous m_g Resources Board I sland H U $23 6,3261 $36,500 $36 _ 1 y _ I nland Empire Re sidential Res Frances Haddon Mo Rep ac H s_g $150,000 ��$150,000 - - � u $1 9.500 1 $100, $30,500 KCR - M Jack Villa -_New Housin $200,0001 _ $180,0 $1 008 00 KCR ��� - lW $320,000 $280,102$ $150,000�� KCR _ _ _Tra nsitional Housin _ $ 70,000 $64,562 _ $64,562 Kitsa M ental _H ealth Se rvices Sca ttered Site Rehab - rental hsg $612,624 $45 1,000 1 $451,000 �L _ Lind quist Dental D ental Clinic - new construction $200, $01 Low Inc Housin Instit Cedar Heig A pt Rehab $347, $0 Martha &Ma ry C hild Service E Generator $ $0 Martha & M ary Healt V ;Call Light Sy stem U $78,00 $0 Westso Trea C enter .. q _ 0 -Ha ns, Lig hthouse, Oxford House _ $69,036 $50,000 $50,000! YWCA iEmer Shelter & Transitional Hs $52,000 $40,000 1 $40 $332,102 $631,4711 $791,000 $270,5001 $269,284 0 TOTAL AVAILABLE 1 $943,993 1 $1,082,320 J$269,2841 $PJ CONTINGENCIES Kitsap County Block Grant City of Bremerton Block Grant Increase in County CDBG . Increase in City CDBG Weathenzation will receive increase Boys & Girls Club Bremerton Teen Center will be increased Decrease in County CDBG Decrease in City CDBG If under $36,500 the Single Family Rehabilitation Program will be decreased Weathenzation will be decreased If greater than $36,500 HRB Island Home will be removed After that, the Single Family Rehabilitation Program will be decreased Increase in City HOME Proportional increase will be given to all recommended protects Increase in County HOME Decrease in City HOME. Proportional increase will be given to all recommended protects Kitsap Mental Health - Scattered Site Rental Hsg Rehab will be decreased Decrease in County HOME Housing Kitsap Down Payment Assistance Program will be decreased NOTE CDBG and HOME project amounts may be reduced to cover project/activity project/activity delivery costs as outlined in the 2012 CDBG /HOME Policy Plan EXHIBIT B COORDINATED • NS SUMMARY CITY O - • N BLOCK GRANT PROGRAM CITY OF BREMERTON CDBG PUBLIC SERVICE PROJECTS 2012 GRC AGENCY/PROJECT/DESCRIPTION REQUEST RECOMMENDATION Boys & Girls Club $15,000 $10,000 Knsap Program Operations CDBG funds will be used to provide after school and summer programs to youth, ages 6 -13 Program includes homework help, tutoring, nutrition education, opportunities for community service, regular physical activity Bremerton Foodline $22,000 $13,600 Agency Salaries CDBG funds will be used to support four part-time salaries, including Executive Director, Supervisor of Operations, Office Manager /Outreach Coordinator, and Driver Holly Ridge Center $14,875 $10,000 Partnership for Children at Risk CDBG funds will be used to further efforts in community collaboration by extending partnership with Olympic College Sophia Bremer Child Development Center whereby children with special needs will receive quality care, and Early Childhood Education students will receive training Hope in Christ Ministries $108,540 * $30,039 Oasis Youth Continuum of Services CDBG funds will be used to help prevent and end youth homelessness through a continuum of services, including street and school outreach, drop -in center services, case management, lob counseling, tutoring and other services YWCA $25,000 $13,000 Legal Advocacy CDBG funds will be used provide no -cost legal advocacy, safety planning, domestic violence response services, and Washington State Certified Victims' Services Training Funds will pay for partial salaries and benefits for one FT Program Director and one FT legal advocate TOTAL CITY OF BREMERTON HOME $76,639 " These projects received funding from multiple funding streams under the Coordinated Grant Application Public Service Projects Funding Contingencies: If less funding is received Proportional cut to all projects down to minimum of $10,000 If more funding is received Proportional increase to all projects CITY OF BREMERTON CDBG CAPITAL PROJECTS ..O 1 - PTION 'C REQUEST RECOMMENDATION BOYS & GIRLS CLUBS OF SOUTH PUGET SOUND $200,000 $40,000 Bremerton Teen Center Construction Funds will be used for the construction costs associated with the development of the Bremerton Teen Center which will address the need for a safe, fun, inclusive, and inspiring place for kids to thrive during non - school hours The Center will offer a variety of youth services, including recreation, mentonng, education, and nutrition services for the community's target income young people CITY OF BREMERTON PARKS & RECREATION $162,000 $162,000 Evergreen Accessible Play Project Funds will be used to redevelop Evergreen Park's playground to create an inclusive playground to serve children and adults of all abilities while also enhancing wheelchair accessibility to the new playground and adjoining park facilities KITSAP COMMUNITY RESOURCES $320,000 * $130,102 WEATHER/ZATION Funds will be used for weathenzation and related minor home repairs to assist low - income households reduce energy costs, improve livability of affordable housing units, improve accessibility, safety and improve the housing stock for the City of Bremerton and Kitsap county TOTAL OF - • N CDBG 1 $332,102 * These protects received funding from multiple funding streams under the Coordinated Grant Application Capital Projects Funding Contingencies: If less funding Is received Decrease Weathenzation project funding If more funding Is received Increase Boys & Girls Club project NOTE CDBG and HOME project amounts may be reduced to cover project/activity delivery costs as outlined In the 2012 CDBG /HOME Policy Plan CITY OF BREMERTON HOME PROJECTS 1 AGENCY/PROJECT/DESCRIPTION GRC REQUEST RECOMMENDATION BREMERTON HOUSING AUTHORITY $330,000 $150,000 Bay Vista Affordable Homeownership Funds will be used to reduce the purchase price of homes in the Bay Vista Development that are being built and sold at a pre - determined price to make the homes affordable to income eligible homebuyers Each home will have a $30,000 buy down COMMUNITY FRAMEWORKS $300,000 $90,000 Built in Bremerton Funds will be used to provide $30,000 down payment assistance for low income families to purchase and fix -up homes in the revitalization target area of the City of Bremerton INLAND EMPIRE RESIDENTIAL RESOURCES $150,000 * $100,000 Frances Haddon Morgan Replacement Housing Funds will be used for the acquisition of (3) houses, two in Bremerton and one in Port Orchard, which will be remodeled to support (10) extremely low- income individuals with developmental disabilities who are being displaced by the Frances Haddon Morgan Center closure Tenants will pay 30% of their income for rent and utilities and will receive 24/7 support services from the State Operated Living Alternatives (SOLA) KITSAP MENTAL HEALTH SERVICES $612,624 $451,000 Scattered Site Rehab of Rental Housing Funds will be used to renovate 12 KMHS scattered site houses providing 7 self - contained, and 8 shared kitchen, bathroom and living areas for 15 units in total Rehabilitation of 15 units assures decent, affordable permanent housing for 36 adults with severe chronic mental illness, with low to very low incomes TOTAL CITY OF • • • 111 These protects received funding from multiple funding streams under the Coordinated Grant Application HOME Projects Funding Contingencies: If less funding is received Decrease KMHS Scattered Site, to minimum $10,000 award If more funding is received Increase all projects proportionally, to grant request amount NOTE CDBG and HOME project amounts may be reduced to cover project/activity delivery costs as outlined In the 2012 CDBG /HOME Policy Plan '4 I E3 I Z 3 Kitsap Adult Center for Education Board of Directors October 19, 2011 U � v � 0 U Stacey Ames. Chair OC T 2 0 Helen Turk, Vice Chair fl 2 011 Terry Schroeder, Treasurer Dons Smith, Secretary Steve Dixon By Harty Guay Kitsa Count Block G ram Kendel Rekow p ty rant Pr Jeanie Schulze 345 6 Street, Suite 400 Bremerton WA 98337 Community Ambassadors Seabury Blair )r Dear Regional Coordinating Council Members, CDBG Administrators, and CDBG Grant Recommendation Elizabeth Biandin Committee Ray Garrido Elliot Gregg Marilee Hansen On behalf of the Board, staff, and most especially the students of Kitsap Adult Center for Education (KACE), I Ten Huddieston would like to express my grat that we have been recommended for a $10,000 Community Development Ron Muhleman Block Grant for 2012 KALE, formerly the Literacy Council of Kitsap, has been providing English as a Jeff Parham Second Language, g it b Kathy Ramsay Adult Ba sic Educa tion, and GED tutO m our co mmunity since 1979 We Curren Joan Soriano serve approximately 500 mostly low - income adults each year With the economic crisis, our greatest Ann Vogel increase In students has been those seeking GEN as a way to increase thew employability and thus also Anita Williams their housing stability during these difficult economic times We work in cooperation with many of the other social service providers In this area in to prevent and reduce homelessness Staff Ann Rudruclu Although the recommended funding for KACE is only half of the $20,000 we requested, we also know that Executive Director CDBG receives applications amounting to considerably more than the funds available We thus appreciate Lorene Leider the wa that the grant review committee has made balanced and judicious recommendations regarding the ESL Program Coordinator/ distribution of those funds At the same time, we wish to emphasize the importance of education in Instructor addressing poverty and homelessness in our community We thus hope that you will consider increasing John Rust KACE's allocation if at all possible ABF /GED Instructor We at Kitsap Adult Center for Education thank you for your support, and look forward to working with you and Kaye Lockwood the other providers in the community as we continue to address critical needs in Kitsap County Bremerton Office Coordinator 615 5 Street 7" Bremerton, WA 98337 P 360 3731539 1a r F 360 373 6859 Ann A. Rudnicki E info @kacewa org Executive Director www.KitsapLiteracy.org Affiliate � ProUteracy Worldwide 150 Madrona Way NE, Ste 110 -B Post Office Box 113 Bainbridge Island, WA 98110 HOUSING RESOURCES BOARD Tel 206-842-1909 Fax 206 -842 -1842 -1 122 0 A Community Land Trust Organization info0ousmgresourcesboard org October 24, 2011 Re Consolidated Grant Program Recommendations for 2012 Kltsap Regional Coordinating Council PO Box 1934 Kingston, WA 98346 Dear KRCC Members Housing Resources Board would like to express our sincere thanks and gratitude to Grant Recommendation Committees for their service on the capital and public services committee this year The task of awarding grant funds to so many worthy organizations with so few resources available is a difficult and daunting one, and we appreciate their commitment to our community The Public Services Application Review Committee recommended that Housing Resources Board receive $48,000 to support our Rental Assistance Program This grant will provide rental assistance for 15 to 25 households currently residing in Housing Resources Board low income rental housing All of our residents earn 80% or below of the Area Median Income, with 23 being extremely low income, 12 being very low income, and 9 being low income 90% of our Residents are rent burdened, meaning more than 30% of their income goes toward housing costs This grant, in combination with Section 8, will allow us to assist about 809'0 of these families with some rental assistance Receiving this grant assistance means that these families can stay housed in this community, providing stability and security for them Like many in Kitsap County, our residents have struggled with lob loss and reduction in hours over the last two years and are continuing to feel this strain today Without rental assistance, they will face homelessness The Public Services Application Review Committee also recommended that Housing Resources Board receive $19,500 in operating funds as a Community Development Housing Organization to support our operational needs as we work to develop more affordable housing for low income families We are currently developing Femcldf Vllage on Bainbridge island, which includes 24 single family homes being sold as part of our Community Land Trust and 24 multifamily units which will be rented to low income families Femcliff Village will not fully meet the needs for affordable housing and this grant will also help us to plan for the future The Capital Application Review Committee also recommended that Housing Resources Board receive $36,500 to perform upgrades for residents in our island Home Complex These funds will be used to install ductless heat pump systems, which will replace the inefficient system currently used The result will lower our tenants monthly energy usage by haft and lower their dependence upon energy assistance programs We are in support of the Grant Recommendation Committee's recommendations and we respectfully request that the KRCC uphold their decisions Thank you for support and your hard work and dedication to our community Sincerely, Ken Bal er Executive Director, Housing Resources Board Building Community Through Housing AGENDA BILL CITY OF BREMERTON CITY COUNCIL 7A asararaarraraarraararrasrraaraaaaaarrrrararraaraaaara■• aararaaraaaaraaraaasaarrrraaaaar SUBJECT: Award of Biosolids Storage Study Session Date October 26, 2011 r Relocation — Roof Construction Contract COUNCIL MEETING Date. November 2, 2011 Department PWU- Forestry Presenter Bill McKinney Phone 360 473 5354 SUMMARY: Proposed contract is for construction of two pole -type roofs on two identical existing facilities at Biosolids Application Site 1 west of Gold Mountain Golf Course. The site has been permitted for biosolids application since 1989 through the Kitsap County Health District and the State Dept of Ecology The existing concrete structures were originally built and used for storage of liquid biosolids With the construction of the roofs, the facilities will be able to be used to store dewatered biosolids. This project will replace the existing dewatered storage facility adjacent to the Gold Mountain Golf Course Maintenance Facility and move biosolids storage operations further from the Golf Course. The contractor named below submitted the lowest qualified bid for construction of the two roof structures ATTACHMENTS: 1) Contract Documents; 2) Bid Results FISCAL IMPACTS (Include Budgeted Amount) Amount budgeted in 2011 Wastewater Capital: $125,000 (capital project 5342) APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR: RECOMMENDED MOTION: Move to award the Public Works Agreement with Westmark Construction, Inc., Tacoma, WA for $ 80,178 29 , including WSST for construction of two wood pole roofs to be installed at the Biosolids Application Site 1 and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented STUDY SESSION ACTION: ❑ C n nt �ndd General Business ❑Public Hearing -,,:z X COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny able ❑ Continue ❑ No Action Form Updated 4118/2011 COUNCIL SUMMARY Contract Award for Construction of Biosolids Storage Roofs Contract Summary Public Works & Utilities has managed and operated a beneficial biosolids use program since 1989 The program utilizes 100% of the output of Bremerton's Wastewater Treatment Plant on Water Utility forest lands The benefits of this program are. 1) reduced operational costs, 2) increased growth to Water Utility timber stands, and 3) dependable solids management for the Wastewater Utility Part of the operations requires temporary storage of dewatered biosolids on the permitted site west of Gold Mountain Golf Course Since the development of the Olympic Course, the current covered area that has been used for storage is less than 200 feet from the edge of the Golf Course. This proximity can cause odors to drift onto the course. In consultation with both Public Works and Parks staffs, it was agreed to convert two former liquid storage ponds to be able to accommodate dewatered biosolids These existing facilities are'/ mile and % miles respectively from the Golf Course and will mitigate the potential for odor problems associated with the biosolids operations. All preliminary work has been accomplished by City forces and the remaining task is to construct pole -type roof structures to prevent rainwater from re- hydrating stored material Specifications and contract documents were prepared and advertised per City and MRSC Roster procedures Westmark Construction. Inc. of Tacoma. WA was the lowest responsive, responsible bidder with a bid in the amount of 180 (including sales tax) The Engineers estimate for this project was $75,000 Fiscal Summary $125,000 was budgeted in the Wastewater Capital Fund for this project. Watershed Slope Repair Council Summary Apn12009 PUBLIC FORKS AGREEMENT (Biosolids Storage Relocation; Capital Project 5342) THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ( "City "), and ( "Contractor "), whose mailing address is The parties agree as follows 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City For two Biosolids Storage Facilities, hereby referred to as "Facility #1" and "Facility #2 ", the following work is to be completed ® Procure materials and provide all labor and equipment to construct two (2) roof structures per approved plans and calculations dated June 26, 2011, attached to, and made part of this agreement • Priorities for construction and completion shall be 1) Facility #1, 2) Facility #2 • Building permits have been obtained from the City of Bremerton The Contractor shall be responsible for scheduling inspections by the City of Bremerton Department of Community Development 2. T ME OF COMPLETION. Contractor shall complete the work within forty-five (45) calendar days for Facility #1 and seventy -five (75) calendar days for Facility #2, from the date of issuance of the City's Notice to Proceed 3. COMPENSATION. The City shall pay the Contractor the total amount of $ ' plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement The Contractor shall invoice the City monthly The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City The City payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project A. Performance Bond Pursuant to Chapter 39 08 RCW, the Contractor, shall provide the City a performance bond for the full contract amount to be in effect until sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60 28 RCW, whichever is later B Retainage The City shall hold back a retainage in the amount of five percent (5 %) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60 28 RCW, whichever is later C Defective or Unauthorized Work The City reserves its right to withhold payment from Contractor for any defective or unauthorized work Defective Public Works Agreement/Biosolids Storage Relocation 1 10/20/2011 or unauthorized work includes, without limitation work and materials that do not conform to the requirements of this agreement, and extra work and materials furnished without the City's written approval If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor D Final Payment Waiver of Claims THE ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE 4. INDEPENDENT CONTRACTOR Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state industrial insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub- contractors The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub - contractors 5. TERMINATION. The City may terminate this agreement without notice for good cause "Good cause" shall include, without limitation, any one or more of the following events A The Contractor's failure to supply sufficient skilled workers or suitable materials or equipment B The Contractor's failure to prosecute the work with such diligence as will ensure its physical completion within the original physical completion time specified in this Agreement and any extensions of time which may have been granted to the Contractor by change order or otherwise C The Contractor's failure to make full and prompt payment to subcontractors or for material or labor D The Contractor's disregard of federal, state or local laws, rules or regulations E The Contractor's filing for bankruptcy or becoming adjudged bankrupt F The Contractor disregards the authority of the City G The Contractor performs work which deviates from the Contract, and neglects or refuses to correct rejected work H The Contractor's failure to provide continuous competent supervision Public Works Agreement/Biosohds Storage Relocation 2 10/20/2011 I The Contractor otherwise violates in any material way any provisions or requirements of the contract If the City terminates this agreement for good cause, the Contractor shall not receive any momes due under this agreement, if any, until the Contract work is completed 6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work Contractor shall pay prevailing wages and comply with Chapter 39 12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached 7. CHANGES. The City may issue a written or oral work change directive for any change in the Contract work during the performance of this agreement If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate The Contractor shall proceed with the change order work upon receiving either a written or oral work change directive from the City or a change order from the City If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work, however, the Contractor may elect to protest the adjustment as provided below A Procedure and Protest by the Contractor If the Contractor disagrees with anything required by a written work change directive, oral work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall I Give a signed written notice of protest to the City within one business day, 2 Supplement the written protest within five (5) calendar days with a written statement that provides the following information a The date of the Contract's protest b The nature and circumstances that caused the protest c The provisions in this agreement that support the protest d The estimated dollar cost, if any, of the protested work and how that estimate was determined e An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption Public Works Agreement/Biosolids Storage Relocation 3 10/20/2011 The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work The City shall have access to any of the Contractor's records needed for evaluating the protest 3 The City will evaluate all protests, provided the procedures in this section are followed If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment No adjustment will be made for an invalid protest B Contractor's Duty to Complete Protested Work In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered C Contractor's Acceptance of Changes The Contractor accepts all requirements of a change order by (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change D Failure to Protest Constitutes Waiver By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination) E Failure to Follow Procedures Constitutes Waiver By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written or oral order (including directions, instructions, interpretations, and determination) 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement, or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim At a minimum, a Contractor's written claim must include the information set forth regarding protests in Section 7A.2a -e FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY Contractor must, to any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the Contractor's acceptance of the City's final payment Pubhc Works Agreement/Biosohds Storage Relocation 4 10/20/2011 under this contract When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages solely caused by the City's negligence The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification Should a court of competent jurisdiction determine that this agreement is subject to RCW 4 24 115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF Il1EAMTY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration or termination of this agreement 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damage to property that may anse from or in connection with the performance of the Contract work by the Contractor, its agents, representatives, employees or subcontractors Before beginning the work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing A_ Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage, and B Commercial General Liability insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage Coverage shall include but not be limited to blanket contractual, products/completed operations/broad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's liability Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor Public Works Agreemew/Biosolids Storage Relocation 5 10/20/2011 The City reserves the right to receive a certified copy of all the required insurance policies The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability The Contractor's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage If this contract requires work to be performed in or on navigable waters, the Contractor shall provide insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for claims made under the Longshoreman and Harbor Workers Act and the Jones Act 12. MISCELLANEOUS. A Nondiscrimination In the hiring of employees for the performance of work under this Agreement or any sub- contract hereunder, the Contractor, its sub- contractors, or any person acting on behalf of such Contractor or sub- contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, physical disability, or sexual orientation discriminate against any person who is qualified and available to perform the work to which the employment relates B Compliance with Laws Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement C Work Performed at Contractor's Risk Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D Nonwaiver of Breach The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect E Governing Law This agreement shall be governed and construed in accordance with the laws of the State of Washington If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the Pubhc Works Agreement/Biosohds Storage Relocation 6 10/20/2011 ,jurisdiction, venue and rules of the Krtsap County Superior Court, Krtsap County, Washington F Attorney's Fees To the extent not inconsistent with RCW 39 04 240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement G Written Notice All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement H Assignment Any assignment of this agreement by the Contractor without the written consent of the City shall be void I Modification No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor J Severabilitv If any one or more sections, sub- sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of tins agreement and the remainder shall remain in full force and effect K Entire Agreement The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement This agreement and any attached Exhibits contain the entire agreement between the parties Should any language to any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail IN WITNESS WHEREOF, the parties below have executed this agreement CONTRACTOR THE CITY OF BREMERTON Print Name Print Name Title Title DATE DATE Pubhc Works Agreement/Biosohds Storage Relocation 7 10/20/2011 Notices to be sent to: Notices to be sent to: CONTRACTOR CITY OF BREMERTON Bill McKinney Forestry/Natural Resources Manager Public Works & Utilities 100 Oyster Bay Ave N Bremerton, WA 98312 (360) 473 -5354 APPROVED AS TO FORM Bremerton City Attorney ATTEST Bremerton City Clerk Public Works AgreementBiosohds Storage Relocation 8 10/20/2011 CITY OF BREMERTON BID TABULATION BID TITLE- Award of Biosolids Storage Relocation - Roof OPENED BY: Construction Contract (Cap Prof 5342) Carol Etgen DATE OPENED, 10/25/11 TIME OPENED 2,00 m RECORDED BY: P Shannon Conn NAME OF BIDDER BOND BASE BID SALES TAX TOTAL CS► " 17 15 AD Coil W-VLw �S72 FSI.� APPARENT LOW BIDDER SUMMARY TOTAL BID COMMENTS � � � � � � ) � L I C� /n�� _ T7 BECOME) l IDDER �/''''' �� 2-1 THIRD LOW BIDDER (rxh 1-Ivm& ENGINEER ESTIMATE (INC SALES TAX) $ �� Page 1 of 2 Lori Smith From Lori Smith on behalf of City Council Sent Thursday, October 27, 2011 4 18 PM To City Council Subject FW Citizen Letter - Biosolids Relocation - Roof Construction Contract (John Hayes Larson) Attn Council Members, Bill McKinney (FYI) From: greg wheeler [madto electgregwheeler @gmad com] Sent: Wednesday, October 26, 20118 43 PM To: City Council Cc: johnhl @seanet com Subject: Re Biosolids relocation - roof construction contract John, Thank you for your comments It has been placed on General Business Greg From iohnhl(cDseanet com To Gregandsunny(cb-aol com CC iohnhl(cDseanet com Sent 10/26/2011 9 45 37 A M Pacific Daylight Time Subs Biosolids relocation - roof construction contract Greg, I see that the biosolids relocation - roof construction contract is before the City Council for discussion (no discussion) at tonight's study session and I have a few comments for your consideration 1 From the package, it does not seem that this is a required project,1 e the current roof is not falling down, but more of a convenience project, to eliminate the possibility of odors drifting onto the golf course 2 Seeing the implications of the 2012 budget, can convenience project be afforded at this time Especially ones that impact a small subset of the population for a limited and unknown period of time I know that this is already within the 2011 Approved Budget 3 Yes the funds will come from the Waste Water Capital Fund and will not have a direct impact on the General Fund, but, it all comes from the residents Let's see $140,000 + unknown amount for administration equals approx $3 75 per resident 4 This and all further budget expenses should be a General Business items with full discussion and not Consent Agenda item Public sees that the City Council is doing its doing its due diligence on expenses and not dust rushing things through 10/27/2011 Page 2 of 2 5 A simple sign at the golf course indicating that the City has to prioritize it's expenditures, and thanking the golfers for their understanding and endurance of this nuisance Just some thoughts Ohl John Hayes Larson 10/27/2011 + J I 1 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 78 SUBJECT: Adoption of Ordinance Study Session Date October 26, 2011 No 5'1(67 suspending the One Percent COUNCIL MEETING Date November 2, 2011 for the Arts Program until January 1, 2014 Department DCD (Sks p 5 Ex ('enldti- �(,�re s Presenter Andrea L Spencer Phone 360 473 5283 SUMMARY: On October 11, 2011 the City Council's Planning Committee met and discussed potential modifications to the City's One Percent for the Arts Program It was felt that it would be in the City's best interest to suspend expenditures from the One Percent for the Arts Program for the selection, development, and placement of art to a later date due to the City's current budget constraints The committee discussed two options to suspend the program 1) Suspension of expenditures for new art and applicable capital projects would still contribute money to the program (at this time there are no projects that are scheduled for contribution) 2) Suspension of both expenditures for new art and applicable capital projects would also not be required to contribute to the program After much discussion, a majority of the Planning Committee voted to forward to the Council an ordinance that reflects Option 1 above Other highlights of the proposed ordinance include a) funds from the One Percent for Arts program can still be expended for the repair, maintenance, and installation of our current One Percent for the Arts collection, b) the terms of our current Arts Commissioners will be extended for two additional years to cover the period of suspension, and c) the period of suspension can be shortened or lengthened by the City Council ATTACHMENTS: Proposed Ordinance Al c . 51107 FISCAL IMPACTS (Include Budgeted Amount) The proposed ordinance prohibits expenditures for the purchase of new art, however it will allow expenditures for the maintenance, repair, and installation of the City's current One Percent for the Arts collection The estimated fund balance for the program is $60,000 APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION: Move to adopt � InanCeo 51 b7 suspending the One Percent for the Arts Program until January 1, 2014 STUDY SESSION ACTION: ❑ Co sent A end General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny Table ❑ Continue ❑ No Action Form Updated 4/18/2011 STAFF AMENDMENT ORDINANCE NO. r J (07 AN ORDINANCE of the City Council of the City of Bremerton, Washington, suspending the One Percent for the Arts Program until January 1, 2014 WHEREAS, On July 20, 2005, the City Council passed Ordinance No 4940 amending Chapter 2 32 BMC entitled "Arts Commission" and creating Chapter 3.12 entitled "One Percent for the Arts Fund" establishing the One Percent for the Arts Program, and WHEREAS, due to the current economy and City budget constraints, the City Council believes that it is in the City's best interest to suspend to a later date application of the One Percent for the Arts Program as it relates to expenditures from the One Percent for the Arts Fund for the selection, development and placement of art, NOW THEREFORE, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION]. All expenditures from the One Percent for the Arts Fund for the selection, development and placement of art for the One Percent for the Arts Program as established in Ordinance No 4940 are hereby suspended until January 1, 2014, except that during the suspension period established herein, expenditures may be made from the One Percent for the Arts Fund as authorized by the Director of Community Development" - City Council Planning Committee, for the installation, maintenance and repair of art. 1) Approved by the City Council as of the effective - date of this ordinance and funded by the One Percent for the Arts Fund, or 2) Identified in the Art Master Plan adopted by Resolution No 3147 as currently passed or hereinafter amended SECTION 2. The City Council may extend or shorten the suspension date of the One Percent for the Arts Program established in Section 1 by motion or resolution SECTION 3. All terms of the currently seated commissioners to the Arts Commission shall be extended by two years. SECTION 4. Chapter 2 32 BMC and Chapter 3 12 BMC are amended to the extent necessary to implement the provisions of this ordinance SECTION S. Severabihty If any one or more sections, sub - sections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect f x 1 One Percent for the Arts SECTION 6. Effective Date This ordinance shall take effect ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the day of , 2011 Will Maupin, Council President Approved this day of , 2011 Patty Lent, Mayor ATTEST APPROVED AS TO FORM Carol Etgen, City Clerk Roger A Lubovich, City Attorney PUBLISHED the day of , 2011 EFFECTIVE the day of , 2011 ORDINANCE NO R \Legal\Legal \Ordinances \Community Development \One Percent for the Arts doc 2 One Percent for the Arts Page 1 of 1 From: Karsten Boysen [karsten boysen @yahoo com] Sent: Friday, October 28, 2011 9 51 AM To. City Council Subject- Public Art Commissions Dear Council President Maupin With the recent attractive upgrades and improvements in downtown Bremerton, growing pains are likely and Bremerton is no exception Selecting quality art for permanent installation downtown seems to be fraught with temerity Hopefully with experience some of these decisions will become easier Your pronouncements in the Oct 6, 2011 Kitsup Sun article "Council Purchases 'Sun Scoop' for city" raises serious questions about the administration of the city art program and your ignorance of the cultural milieu in Bremerton First, you claim that in 1991 there were no artists capable of creating a large bronze monument for the centennial of the shipyard Nothing could be farther from the truth There were and are many artists available throughout Kitsap, Jefferson, King and Pierce counties who are more than capable sculptors to accomplish such a commission, including myself You also presume that you know something about the local art scene -- which obviously you do not What you and the Council did not do was advertise the commission availability, dust as the ferry terminal park was not adequately advertised so that you are stuck with some really BAD art In the future please place ads in the Kitsap Sun and with the local galleries about upcoming commission opportunities Further, dust because someone who works in Colorado has local relatives here doesn't qualify them as local Just because some distant artist is willing to cut his prices to the bone makes an unfair proposition with the other local sculptors who were denied that same opportunity As the founder of the Olympia Arts Commission many years ago, I would be happy to advise you, the Council, and the Bremerton Arts Commission on the proper procedures to run a public art competition Sincerely, Karsten Boysen, MFA, BA and BA in Edu 10/28/2011