Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
01/04/2012 AGENDA
caQO op � CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 JANUARY 4, 2012 CITY COUNCIL MEETING AGENDA 1 SWEARING -IN CEREMONY 3 30 PM in the FIRST FLOOR CHAMBERS 2 BRIEFING 5 00 — 5 30 P M in COUNCIL CONFERENCE ROOM 603 A General Council Business 3 CALL TO ORDER 5 30 P M in FIRST FLOOR CHAMBERS A Pledge of Allegiance B Invocation 4 ELECTION OF 2012 COUNCIL OFFICERS 5 MAYOR'S REPORT 6 PUBLIC RECOGNITION 7 CONSENT AGENDA A Claims & Check Register B Minutes of Meeting — December 7, 2011 C Minutes of Special Meeting — December 14, 2011 D Minutes of Study Session — December 14, 2011 E Minutes of Meeting — December 21, 2011 F Award Construction Contract to HENDERSON PARTNERS for Park Avenue alley improvements as part of the Park Avenue Plaza Phase II Project 8 GENERAL BUSINESS A Award Construction Contract to SOUTH BAY E XCAVATION for Park Avenue Plaza 4 t Street West surface improvements as part of the Park Avenue Plaza Phase II Project 9 COUNCIL MEMBER REPORTS 10 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING 11 STUDY SESSION — The Council will reconvene in COUNCIL CONFERENCE ROOM 603 for a briefing by the 2012 Council President, and to discuss "General Council Business" ® Americans with Disabilities Act (ADA) accommodations provided upon request Those requinng special accommodations should contact the City Clerk'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 \� S REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU i R \City Council\FORMS & MISC\BALLOT & VOTE REC- PRES & VP doc JANUARY 4, 2012 BALLOT FOR COUNCIL PRESIDENT /MAYOR PRO- TEMPORE 0, NAME OF NOMINEE: fn /G J(-'? T J ❑ NAME OF NOMINEE: /Vl ct- wo F'F-4 �) ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: JI MCDONALD COUNCIL DISTRICT NO. 1 R \City Council\FORMS & MISC\BALLOT & VOTE REC- PRES & VP doc JANUARY 4, 2012 BALLOT FOR COUNCIL PRESIDENT /MAYOR PRO- TEMPORE ❑ NAME OF NOMINEE: J/ M M CZO N AL D NAME OF NOMINEE: N t Cbe- y\JO L F o sD ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: *�6 p LESLIE DAUGS COUNCIL DISTRICT NO.2 R \City Council\FORMS & MISC\BALLOT & VOTE REC- PRES & VP doc JANUARY 4, 2012 BALLOT FOR COUNCIL PRESIDENT /MAYOR PRO- TEMPORE � NAME OF NOMINEE: ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: ADAM BROCKUS COUNCIL DISTRICT NO.3 R \City Council\FORMS & MISC\BALLOT & VOTE REC- PRES & VP doc JANUARY 4, 2012 BALLOT FOR COUNCIL PRESIDENT /MAYOR PRO - TEMPORE J �c 1/ ® ICJ ❑ NAME OF NOMINEE. r vn " a )q"� NAME O F NOMINEE: " ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: 1 / � RO tNr COUNCIL DISTRICT NO.4 R \City Council\FORMS & MISC\BALLOT & VOTE REC- PRES & VP doc JANUARY 4, 2012 BALLOT FOR COUNCIL PRESIDENT /MAYOR PRO- TEMPORE NAME OF NOMINEE: � tA `- ❑ NAME OF NOMINEE: 1� c y- W q T- o rd ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: GREAWIIEELER COUNCIL DISTRICT NO.5 R \City Council\FORMS & MISC\BALLOT & VOTE REG PRES & VP doc JANUARY 4, 2012 BALLOT FOR COUNCIL PRESIDENT /MAYOR PRO- TEMPORE FA NAME OF NOMINEE: �J o ❑ NAME OF NOMINEE: Nick \10C- bvi ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: FAME FLEMISTER COUNCIL DISTRICT NO. 6 R \City Council\FORMS & MISC\BALLOT & VOTE REC- PRES & VP doc JANUARY 4, 2012 BALLOT FOR COUNCIL PRESIDENT /MAYOR PRO - TEMPORE El NAME OF NOMINEE: ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: I La 6 &" " el (� \&- 1 2 CAROL ARENDS COUNCIL DIS RICT NO. 7 R \City Council\FORMS & MISC\BALLOT & VOTE REG PRES & VP doc JANUARY 4, 2012 BALLOT FOR COUNCIL PRESIDENT /MAYOR PRO - TEMPORE NAME OF NOMINEE: tj\, q -,o4 ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: ERIC Y UN R COUNCIL DISTRICT NO.8 R \City Council\FORMS & MISC\BALLOT & VOTE REC- PRES & VP doc JANUARY 4, 2012 BALLOT FOR COUNCIL PRESIDENT /MAYOR PRO- TEMPORE ❑ NAME OF NOMINEE: ,< ` C NAME OF NOMINEE: ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: WO 6RD COUNCIL DISTRICT NO.9 R \City Council\FORMS & MISC\BALLOT & VOTE REC- PRES & VP doc JANUARY 4, 2012 BALLOT FOR COUNCIL VICE - PRESIDENT lsf NAME OF NOMINEE: G : s L G ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: �? e 7 4(� ( ) _ JI MCDONALD COUNCIL DISTRICT NO. 1 R \City Council\FORMS & MISC\BALLOT & VOTE REC- PRES & VP doc JANUARY 4, 2012 BALLOT FOR COUNCIL VICE - PRESIDENT NAME OF NOMINEE: 6 W HE E Lt 1� ❑ NAME OF NOMINEE: eo%./ wvN `lo ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: LESLIE DA GS COUNCIL DISTRICT NO.2 R \City Council\FORMS & MISC\BALLOT & VOTE REG PRES & VP doc JANUARY 4, 2012 BALLOT FOR COUNCIL VICE - PRESIDENT NAME OF NOMINEE: ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: ADAM BROCKUS COUNCIL DISTRICT NO.3 R \City Council\FORMS & MISC\BALLOT & VOTE REC- PRES & VP doc JANUARY 4, 2012 BALLOT FOR COUNCIL VICE - PRESIDENT ❑ NAME OF NOMINEE: �✓^� ��` �� �� `� NAME OF NOMINEE:a ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: RO UN COUNCIL DISTRICT NO.4 R \City CounciEFORMS & MISC\BALLOT & VOTE REC- PRES & VP doc JANUARY 4, 2012 BALLOT FOR COUNCIL VICE - PRESIDENT NAME OF NOMINEE: G cp W li ❑ NAME OF NOMINEE: ?)© v v ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: GREG HEELER COUNCIL DISTRICT NO.5 R \City CouncilTORMS & MISC\BALLOT & VOTE REC- PRES & VP doc JANUARY 4, 2012 BALLOT FOR COUNCIL VICE - PRESIDENT 10 NAME OF NOMINEE: ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: FAE FLEMISTER COUNCIL DISTRICT NO.6 R \City Council\FORMS & MISC\BALLOT & VOTE REG PRES & VP doc JANUARY 4, 2012 BALLOT FOR COUNCIL VICE - PRESIDENT NAME OF NOMINEE: ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: CAROL ARENDS COUNCIL DISTRICT NO.7 R \City Council\FORMS & MISC\BALLOT & VOTE REC- PRES & VP doc JANUARY 4, 2012 BALLOT FOR COUNCIL VICE - PRESIDENT NAME OF NOMINEE: ❑ NAME OF NOMINEE: Qa �un ON ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: 4 q," ERIC Y UN ER COUNCIL DISTRICT NO.8 R \City Council\FORMS & MISC\BALLOT & VOTE REC- PRES & VP doc JANUARY 4, 2012 BALLOT FOR COUNCIL VICE - PRESIDENT ❑ NAME OF NOMINEE: F �- NAME OF NOMINEE: ko 8 ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: 7 K WO I f6RD COUNCIL DISTRICT NO.9 AGENDA BILL 1S CITY OF BREMERTON CITY COUNCIL SUBJECT: City Council Meeting Minutes For meeting of COUNCIL MEETING Date L Department City Counc pCGernbe(` ,/ A 1i � Presenter Will Maupin, 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 El Continue ❑ No Action Form Updated 4/18/2011 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES December 7, 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, December 7, 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, Interim City Clerk Shannon Conn, 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 Rabbi Sarah Newmark of Congregation Beth Hatikvah MAYOR'S REPORT — Mayor Patty Lent • Invited Andy Oakley Bremerton Police Department, and Judy McDonald Neighborhood Block Watch Captains Group, to present Neighborhood Improvement Awards to Kathryn Easton (Broadway Avenue), Jackie and Teri Garrett (Rainier Avenue), Chip and Paula Henkel (7th Street), John and Cathy Jennings (Solie Avenue), and Ella Rae (8 Street) for making substantial improvements to their properties, • Proclaimed the Week of November 13 -19, 2011 as `Re -Power Bremerton Week'; • Announced that Good Will is hosting fob skills training twice each week from January 3 through February 23, 2012 For more information, please contact (360) 373 -3692 PUBLIC RECOGNITION — There were no public announcements tonight CONSENT AGENDA A Check Numbers 345956 through 346249, and EFT -11397 through EFT -11460 in the amount of $4,587,493 18, Regular Payroll for the pay period ending November 15, 2011 in the amount of $734,059 31, and Retiree Payroll for the pay period ending November 30, 2011 in the amount of $73,75808 B Minutes of Budget Workshop — November 1, 2011 C Minutes of Meeting — November 2, 2011 D Minutes of Budget Workshop — November 7, 2011 E Minutes of Budget Workshop — November 9, 2011 F Minutes of Meeting — November 16, 2011 G Minutes of Budget Workshop — November 21, 2011 H Minutes of Study Session — November 30, 2011 1 Appointment of Will Maupin to the Bremerton Housing Authority Board of Commissioners J Reappointment of Kelli Lambert to the Planning Commission K Interlocal Agreement KC 450 -11 with Kitsap County for Mutual Aid in Processing of Bio- Solids from their respective Wastewater Treatment Plants L Award Public Works Construction Contract to INSTITUFORM TECHNOLOGIES, INC for 4 Street Sewer Lining for the Park Avenue Plaza Project Phase II M Mutual Aid Agreement between the City of Bremerton and participating Kitsap County Law Enforcement Agencies City Council Meeting Minutes Wednesday, December 7, 2011 Page 2 of 8 N Resolution No 3157 establishing January 18, 2012 as a Hearing Date to vacate Broadway Avenue from 13 to 16 Streets O Interlocal Agreement with King County for Regional Aerial Mapping There were no comments from the public 05:44:26 M /S /C (Arends /Runyon) Move to approve the CONSENT AGENDA as presented Voted in favor of Motion McDonald, McConnell, Brockus, Runyon, Wheeler, Robinson, Arends, Wofford Abstained Maupin Motion carried 8 -Yes, 1- Abstention GENERAL BUSINESS 6A — ORDINANCE NO. 5171 CREATING CHAPTER 11.18 OF THE BREMERTON MUNICIPAL CODE (BMC) ENTITLED "ADDRESSING " Tom Knuckey Engineering, summarized that the current City addressing ordinance dates back to 1928 and does little more than establish a City addressing grid and provide guidelines for how address numbers should be assigned The current ordinance has no provisions for naming streets, modifying incorrect addresses, or identifying an enforcement procedure to ensure addresses can be changed when necessary The proposed BMC Chapter 11 18 will establish guidelines for the naming of streets and assignment and modification of address numbers There were no comments from the public 05.48:15 Main Motion to pass Ordinance No 5971 was made by Runyon, and seconded by Wheeler Discussion was then opened to the Council for their questions and comments, which were received by McDonald, McConnell, Arends, Runyon, Wheeler, and Brockus 06:03:10 Amending motion was made by Wheeler and seconded by Brockus 06:06 AMENDING- M /S /C /U (Wheeler / Brockus) Move to amend BMC 11 18 060 Section J, Part 2 and BMC 11 18 070 Section C2 "to allow 30 days to respond" 06:07:10 MAIN - M /S /C /U (Runyon/Wheeler) Move to approve Ordinance No 5171 creating Chapter 11 18 of the Bremerton Municipal Code (BMC) entitled "Addressing" 613 — RENEWAL OF ADMIRAL THEATRE COMMITMENT TO THE ADMIRAL THEATRE FOUNDATION Cathy Johnson Finance Officer, explained that the City entered into the First Addendum to Operating Agreement with the Admiral Theatre Foundation in December 2001 for the purposes of providing ongoing funding for the operations of the Admiral Theatre and to clarify the conditions under which the continuation of funding support would be provided Provisions in this agreement call for the City Council to renew its commitment to the $90,000 /year fund amount every three years throughout the term of the contract The agreement anticipates that the commitment will be renewed so long as the Foundation ahs used the funds in the manner anticipate and met the ongoing requirements of the contract The three year review was missed in 2010 but has been concluded in 2011 and is being presented during the Council's consideration of the 2012 budget It is the recommendation of the Director of the Financial Services that the City Council renew its commitment of the current funding amount of $90,000 per year Ruth Enderle Executive Director for the Admiral Theatre, introduced Carol Sue Board of Directors, who asked that the City of Bremerton to continue its support of the Admiral Theatre City Council Meeting Minutes Wednesday, December 7, 2011 Page 3 of 8 Comments against continued funding of the Admiral Theatre were received by the following James Wright Don Shannon: Vern LaPrath and Drake McDonald Comments in support of continued funding of the Admiral Theatre were received by the following Ruth Enderle Executive Director, Carol Sue Board of Directors, Susan Lavin Sue Shipley Ken Perry Don Stauff and Brent Warner 6:31:10 Motion to renew the commitment to the Admiral Theatre Foundation was made by McDonald, and seconded by Wheeler Tim Lavin Admiral Theatre Finance Director, responded to questions about previous funding and emphasized that the Admiral Theatre is looking for a stable level of funding, and stated that part of the ticket sales are turned around to pay for operating costs and artist fees Kyle Kincaid Admiral Theatre Treasurer, responded to concerns over usage of funds which has included huge expenses such as the recent replacement of roof and windows, emphasized that ticket prices would have to be doubled without funding from the City, sponsorships, and donations and this could hurt local businesses and fobs as well as the community since the events would not be at an affordable level Discussion was then opened to the Council for their questions and comments, which were received by Runyon, Wheeler, McConnell, Wofford, McDonald, Maupin, and Arends 07.03:30 M /S /C (McDonald/Wheeler) Move to renew the City of Bremerton's commitment to the Admiral Theatre Foundation per Operating Agreement and First Addendum to Operating Agreement (Agreements) subject to the proposed amendments and authorize the City Attorney to amend the Agreements consistent with the proposed language and further authorize the Mayor to execute the same Voted in favor of the Motion Wheeler, Wofford, McDonald, McConnell, Maupin Voted against the Motion Runyon, Robinson Abstained Arends, Brockus Motion carried, 5 -Yes, 2 -No, 2- Abstentions 6C — RESOLUTION NO 3158 RATIFYING KITSAP COUNTYWIDE PLANNING POLICIES WITH 2011 AMENDMENTS AS REVISED AND ADOPTED BY THE KITSAP COUNTY BOARD OF COMMISSIONERS ON NOVEMBER 14,2011 Andrea Spencer Community Development Director, stated that the Kitsap Countywide Planning Policies (CPP's) are a regional framework prepared by local governments to coordinate jurisdictional growth planning as directed by the State Growth Management Act The CPP's were originally adopted and ratified by all Kitsap County local governments in 1992, and they have been amended several times in the years since In 2010 and 2011 the Kitsap Regional Coordinating Council (KRCC) and each of the Planning Directors in Kitsap began work to update and amend the CPP's to make them consistent with the Puget Sound Regional Council's Vision 2040 Multi- County Planning Policies On May 24, 2011, the KRCC Board recommended policy revisions, and forward the revised CPP's to Kitsap County for adoption The Kitsap Board of County Commissioners passed Ordinance No 476 -2011 on November 14, 2011 adopted the revised CPP's with three modifications to the KRCC's recommended policies (Kitsap County's edits are shown in red in the Resolution's Exhibit A, and summarized here as 1) Modified language for "Fully Contained Communities ", 2) Added SEPA reference to Appendix A and, 3) Removed all changes to Appendix B Population Distribution) City Council Meeting Minutes Wednesday, December 7, 2011 Page 4 of 8 City Council ratification of the amendments is requested to be compliant with the procedures outlined in the CPP's (please see Appendix A of the CPP's for the ratification process) There were no comments from the public 07:07:20 Motion to pass Resolution No 3158 was made by Brockus, and seconded by Robinson Discussion was then opened to the Council for their questions and comments, which were received by Runyon, Maup►n, and Arends 07:13:58 M /S /C /U (Brockus /Robinson) Move to pass Resolution No 3158 ratifying the Kitsap Countywide Planning Policies with 2011 amendments as revised and adopted by the Kitsap County Board of Commissioners on November 14, 2011 6D — APPROVAL OF $25,000 GRANT- MATCH TO BE USED TO FUND A PROJECT MANAGER FOR THE DEVELOPMENT, PLANNING, AND COORDINATION OF THE YOUTH WELLNESS CAMPUS Mayor Lent emphasized that this $25,000 grant match is needed to fund a project manager for the development planning and coordination of the Youth Wellness Campus Partners in the project are Bremerton School District, Boys and Girls Club Teen Center, Lindquist Dental Clinic for Children, Kitsap Community Food Co -Op, Farmers Market, C Keith Birkenfeld Fund of the Seattle Foundation, Steven Holl Architects, Rice Fergus Miller Architects, Seattle University, and Organization Systems Renewal Graduate Program A $1,000,000 verbal commitment has been obtained from the C Keith Birkenfeld Fund of the Seattle Foundation for this project contingent on obtaining the $25,000 grant match for the pre - development planning Mayor Lent also introduced Karen Rogers consultant with Exeltech, who would be the project manager pending Council approval Comments in favor of the grant match and project were received by the following Stacie Ray Boys and Girls Club of South Puget Sound, Colleen Smidt Claire Bishop (on behalf of Birkenfeld family), Don Stauff and Christine Mooney Board Member for Girls and Boys Club 07 23.55 Motion to approve the grant match was made by McConnell, and seconded by Brockus Discussion was then opened to the Council for their questions and comments, which were received by McConnell, Runyon, McDonald, Robinson, Wheeler, and Arends 07.31.50 M /S /C /U (McConnell /Brockus) Move to approve the expenditure of $25,000 from the 2012 General Fund non - departmental budget to assist Kitsap Community Foundation's funding of a project manager for the development planning and coordination of the Youth Wellness Campus The meeting was recessed at 7 32 PM and reconvened at 7 47 PM PUBLIC HEARINGS 7A — ORDINANCE NO. 5169 AMENDING SECTION 3.82.020 OF THE BREMERTON MUNICIPAL CODE (BMC) RELATING TO THE COMMERCIAL PARKING TAX Becky Hasart Financial Services Director, stated that as part of the 2012 Budget, it is proposed to raise the parking tax rate from 10% to 15% This increase would be a direct revenue stream to the street fund and could potentially realize an increase of $150,000 overall This proposed ordinance was first presented as part of the budget public hearing on November 16, 2011 There were no comments received regarding this specific item City Council Meeting Minutes Wednesday, December 7, 2011 Page 5 of 8 President Maupin opened the Public Hearing for comments Comments in opposition to raising the parking tax were received by the following Bob Duprie Diamond Parking 07:52:45 Motion to pass Ordinance No 5169 was made by Runyon, and seconded by Brockus Discussion was then opened to the Council for their questions and comments, which were received by Runyon, Brockus, Wofford, Maupin, and McConnell 07:57:00 M /S /C (Runyon /Brockus) Move to approve Ordinance No 5169 amending Section 3 83 020 of the Bremerton Municipal Code relating to Commercial Parking Tax Voted in favor of Motion Wofford, McDonald, McConnell, Brockus, Runyon, Wheeler, Robinson, Maupin Voted against the Motion Arends Motion carried, 8 -Yes, 1 -No 713 — ORDINANCE NO. 5170 AMENDING CHAPTER 3.50 OF THE BREMERTON MUNICIPAL CODE (BMC) RELATING TO UTILITY TAXES FOR WATER, WASTEWATER AND STORMWATER UTILITIES Becky Hasart Financial Services Director, stated that as part of the 2012 Budget, it is proposed to raise the utility tax portion on PILOT on Wastewater and Stormwater from 9 5% to 14% These changes would increase the total PILOT to the Wastewater and Stormwater Funds from 15 5% to 20% There would be no change to the PILOT on the Water Fund This proposed ordinance was first presented as part of the budget public hearing on November 16, 2011 There were no comments received regarding this specific item President Maupin opened the Public Hearing for comments Comments against the proposed increase in utility taxes were received by the following Vern LaPrath 8.01.35 Motion to pass the Ordinance No 5170 was made by Brockus, and seconded by Runyon Discussion was then opened to the Council for their questions and comments, which were received by Wheeler, Brockus, McConnell, Runyon, and Maupin 08.12:25 M /S /C (Brockus /Runyon) Move to approve Ordinance No 5170 amending Chapter 3 50 of the Bremerton Municipal Code relating to the Utility Taxes for Water, Wastewater, and Stormwater Voted in favor of Motion Wofford, McDonald, McConnell, Brockus, Runyon, Wheeler, Robinson, Arends Voted against the Motion Maupin Motion carried, 8 -Yes, 1 -No 7C — ORDINANCE NO. 5172 AMENDING RATES AND FEES ESTABLISHED BY ORDINANCE NO. 5132 Becky Hasart Financial Services Director, explained that as part of the 2012 Budget, it is proposed to raise the water rates by 6% This increase would be a direct revenue stream to the water operations and maintenance fund and could potentially realize additional revenue of about $473,000 For the average customer, this would equate to about a $1 02 increase per month or $12 24 for the year Exact bills may vary depending on the customer's water usage President Maupin opened the Public Hearing for comments Comments regarding raising water rates were received by the following James Wright City Council Meeting Minutes Wednesday, December 7, 2011 Page 6of8 08:18:27 Main Motion to pass Ordinance No 5172 (and raise water rates by 69 was made by Brockus, and seconded by McDonald 08:28:40 Amending Motion to raise water rates by 3% was made by Runyon, and seconded by Robinson Discussion was then opened to the Council for their questions and comments, which were received by McDonald, Runyon, Arends, Brockus, Wheeler, McConnell, Maupin, Wofford, and Robinson 08:41:20 AMENDING — M /S /F (Runyon /Robinson) Move to approve Ordinance No 5172 of the City Council of the City of Bremerton, Washington, amending rates and fees established in Ordinance No 5132 to raise the Water Rates by 3% Voted in favor of the Motion Runyon Robinson Voted against the Motion McDonald, McConnell, Brockus, Wheeler, Arends, Wofford, Maupin Amending Motion failed, 2 -Yes, 7 -No 08:42:15 MAIN — M /S /C (Brockus /McDonald) Move to approve Ordinance No 5172 of the City Council of the City of Bremerton, Washington, amending rates and fees established in Ordinance No 5132 to raise the Water Rates by 6% Voted in favor of Motion Brockus, Arends, Wofford, McDonald, Maupin Voted against the Motion McConnell, Runyon, Wheeler, Robinson Main Motion carried, 5 -Yes, 4 -No 7D — ORDINANCE NO. 5173 APPROVING AND ADOPTING THE 2012 FISCAL YEAR BUDGET FOR THE CITY OF BREMERTON Becky Hasart Financial Services Director, stated that the attached ordinance represents the proposed 2012 Fiscal Budget for consideration This ordinance reflects the discussions that have occurred during the various budget workshops held by Council Specific highlights include • An increase to the parking tax from 10% to 15% • An increase to the utility taxes /PILOT for Wastewater and Stormwater from 15 5% to 20% • A continuation of the utility taxes /PILOT for Water at 15 5% • Salaries and Wages remain at the same levels as 2011 (No COLA's) • Staff reductions of 24 4 FTE's from 2011 levels • A 1 % increase to the property tax/EMS collections If adopted, the budget would become effective January 1, 2012 President Maunin opened the Public Hearing for comments Comments regarding the budget were received by the following Todd Best Leslie Daugs John Witte Larry Taylor Brent Warner Robert Parker Don Stauff Vaughn Smith James Wright Vern LaPrath and Richard Sisillen 09:13:05 Main Motion to approve Ordinance No 5173 was made by McDonald, and seconded by Wofford Discussion was then opened to the Council for their questions and comments, which were received by Brockus, Runyon, McConnell, Wofford, Maupin, McDonald, and Wheeler City Council Meeting Minutes Wednesday, December 7, 2011 Page 7 of 8 Mayor Lent responded to concerns about cutting fobs and explained that prior action by Council tonight has reinstated half of the employees who were to be eliminated, and responded that continuing to ask employees to take furloughs is not sustainable given the current workload or for meeting rising costs of healthcare Becky Hasart answered questions regarding how the City is achieving cost savings by pointing out that in the Finance Department alone, the loss of a FTE and reorganizing work will result in savings This is being done in each department 09:33 Motion to continue the public hearing was made by McConnell, and seconded by Robinson Discussion was then opened to the Council for their questions and comments, which were received by Runyon, Arends, Maupin, and Wofford McConnell modified his motion from December 21 to December 14 and the change was seconded by Wofford 09:41:00 M /S /C (McConnell/Wofford) Move to continue the public hearing for Ordinance No 5173 to December 14, 2011 Voted in favor of Motion Brockus, Wheeler, Robinson, Arends, Wofford, McConnell, Maupin Voted against Motion Runyon, McDonald Motion carried 7 -Yes, 2 -No COUNCIL MEMBER REPORTS Adam Brockus really enjoyed WinterFest last Friday, and attended the Open House at Bremerton Good Will and encouraged people to look into their fob training program Roy Runyon announced that the 4th Annual Mill Town Family Christmas will be held on Sunday, December 11 from 4 00 to 8 00 PM at Seabeck Conference Center Greg Wheeler also attended the Good Will Ribbon Cutting Ceremony, announced that Good Will is hosting fob skills and customer service training twice each week from January 3 through February 23, 2012, hoped people would attend events at the Bremerton Ice Arena on December 17 and 18, and mentioned several upcoming Union Hill events including Christmas Caroling this Friday from 5 00 to 8 00 PM at the Community of Christ Church located at the corner of 10 Street and Veneta Avenue Carol Arends encouraged people to attend holiday events along "Tin Soldier Lane" in the Charleston area on December 10 beginning at 10 00 AM Will Maupin attended his last Puget Sound Regional Council (PSRC) Executive Board meeting and was recognized for his 10 years of service, and announced that immediately following the Council Meeting, a Special Meeting of the Transportation Benefit District (TBD) Board would be held in the Chambers President Maupin adjourned the Council Meeting at 9 47 PM Prepared and Submitted by CHRISTINE GRENIER Council Assistant City Council Meeting Minutes Wednesday, December 7, 2011 Page 8 of 8 Attest SHANNON CORK Interim City Clerk WILL MAUPIN, City Council President W M SC Is cg AGENDA BILL 1 1 co CITY OF BREMERTON CITY COUNCIL ■■e eeeeeeeeeeeeeeeeeeeeeeeeeeeoeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeei SUBJECT: City Council Meeting Minutes For meeting of COUNCIL MEETING Date SPe.a M ems, Department _CityCouncilJ ' Presenter Will Maupin, President Phone (360) 473 -5280 � v�nber y, 2 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 Ni COUNCIL ACTION: ❑ Approve ❑ Deny Table El Continue ❑ No Action Form Updated 4/18/2011 DIGITAL RECORDING CITY COUNCIL SPECIAL MEETING MINUTES December 14, 2011 A Special Meeting of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603, of the NOW DICKS GOVERNMENT CENTER, 345 6` Street, Bremerton, Washington, Wednesday, December 14, 2011, at 4 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, Interim City Clerk Shannon Conn, and Council Assistant Christine Grenier were present to provide staff support A COUNCIL BRIEFING was held to discuss General Council Business and the proposed Budget at 4 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. PUBLIC HEARING 3A— ORDINANCE NO. 5173 APPROVING AND ADOPTING THE 2012 FISCAL YEAR BUDGET FOR THE CITY OF BREMERTON Becky Hasart Financial Services Director, stated that this public hearing was continued from the December 7 In Council Meeting She emphasized that this latest proposal reflects recent changes which restores 5 FTE's as well as the 9 FTE's restored on November 30, 2011 and keeps cuts due to Reduction in Force (RIF) and attrition to 19 4 FTE's President Maupin re- opened the Public Heanng for comments Citizen comments regarding the budget were received by the following Gene Hart Larry Taylor Vern LaPrath Richard Nerf Todd Best Robert Parker Leslie Daugs Brent Warner and Don Stauff Ms. Hasart responded to questions asked during public comment 1) Gary Sexton is only budgeted for 3 months in order to complete the Park Plaza Project and half of the funding is recovered by an economic development grant, 2) The Mayor's Budget is $370,000 which includes several line items such as $283,000 (salaries and benefits), $7,000 (office supplies), $20,000 (professional services), $3,500 (telecommunications), $400 (postage), $6,000 (advertising), $36,960 (information technology charges), $13,000 (miscellaneous), and $86860 (supplies and services), 3) The Park Planner is being funded through grants and there is a separate fund for capital improvements $40,000 of wages and benefits are being recovered from that capital fund, and 4) Department heads have agreed to 12 unpaid furlough days in order to help restore funding for 2 Parks positions Nick Wofford responded to questions about the Transportation Benefit District asked during public comment The TBD was formed 3 years ago and 3 years remain in its lifespan The $20 car tab fee to be collected will not initiated until July 2012 then it will be collected for 2 years The TBD then may vote to continue or discontinue operations and collection of the fee 05:32:15 Main Motion to approve Ordinance No 5173 was made by McDonald, and seconded by Wofford (on December 7, 2011) Discussion was then opened to the Council for their questions and comments, which were received by Runyon, McConnell, Maupin, Brockus, Wheeler, and Arends 06.25.15 M /S /C (McDonald/Wofford) Move to approve Ordinance No 5173 of the City Council of the City of Bremerton, Washington, approving and adopting the budget for the City of Bremerton for the fiscal year 2012, and approving the amounts set forth in each fund in accordance with RCW 35 33 075, which is $130,393,561 City Council Special Meeting Minutes Wednesday, December 14, 2011 Page 2 of 2 Voted in favor of Motion McDonald, Brockus, Wheeler, Robinson, Arends, Wofford, Maupin Voted against Motion McConnell, Runyon Motion carried 7 -Yes, 2 -No President Maupin presented an Award to Council Member Dianne Robinson in recognition for 8 years of Service to the City, and thanked her for being an advocate for low income housing and for low income residents, Ms. Robinson thanked the community for their support and announced that after living in Bremerton for 46 years, she plans to return home to Pensacola, Florida next summer to help family and plans to continue supporting Black historical Society President Maupin announced that immediately following the Special Meeting, the Council would reconvene for a Study Session in the Council Conference Room located on the 6 th floor, then adjourned the Council Special Meeting at 6 30 PM Prepared and Submitted by CHRISTINE GRENIER Council Assistant Attest SHANNON CORIN, Interim City Clerk WILL MAUPIN, City Council President WMSCIscg AGENDA BILL 70 CITY OF BREMERTON CITY COUNCIL ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeee eeeeeeeeeeeeeeeeeeeoeeeeeeeeeeeeseeeeeeeeeeeeeeee eeeeeeee � SUBJECT: City Council Meeting Minutes For meeting of COUNCIL MEETING Date - rQnlA Arw Department City Coun- Sft~dj SeSS t'o,.,,, 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: X Consent A enda El General Business F-1 Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny Table ❑ Continue ❑ No Action Form Updated 4/18/2011 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES December 14, 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 61h Street, Bremerton, Washington, Wednesday, December 14, 2011, at 6 47 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 Council Assistant Christine Grenier was present to provide staff support President Maupin 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 appropnate Council Committee, and will be placed on the December 21, 2011 Council Meeting Agenda unless otherwise stated 1 Contract Award to H2O Solutions, LLC for Reservoir 4 Maintenance, Cleaning, and Inspection — Kathleen Cahall, Water Resources Manager, Public Works & Utilities Department, and Jim McDonald, Public Works Committee Chair Consent Agenda 2 Reappoint Dennis Treger, CPA to the Audit Committee — Gary Nystul, City Auditor Consent Agenda 3 Proposed resolution authorizing an Inter -Fund Loan to Gold Mountain Golf Complex Fund from Equipment Rental Reserve for the purchase of 9 Toro Mowers — Jeff Elevado, Parks & Recreation Department, and Jim McDonald, Public Safety & Parks Committee Chair Consent Agenda B FULL DISCUSSION ITEMS 4 Construction Contract for Park Avenue alley improvements as part of the Park Avenue Plaza Phase 11 Project — Gary Sexton, Redevelopment Projects Administrator No action anticipated until January 4, 2012 5 Construction Contract for Park Avenue Plaza 4th Street West surface improvements as part of the Park Avenue Plaza Phase 11 Project — Gary Sexton, Redevelopment Projects Administrator No action anticipated until January 4, 2012 6 Proposal to revoke Resolution No 3158 and reject the Kitsap Countywide Planning Policies as adopted by the Kitsap County Commissioners — Andrea Spencer, Director of Community Development General Business 7:55 PM M /S /C (Runyon /McConnell) Move to revoke Resolution No 3158 passed December 7, 2011 ratifying amendments to the Countywide Planning Policies Staff is directed to prepare a resolution to revoke Resolution No 3158 and reject the proposed amendments to the Countywide Planning Policies to be presented at the December 21" meeting for final action Voted in favor of Motion Runyon, Robinson, Wofford, McDonald, McConnell, Maupin Voted in opposition to Motion Wheeler, Arends Abstained Brockus Motion carried 6 -Yes, 2 -No, 1- Abstention City Council Study Session Minutes Wednesday, December 14, 2011 Page 2 of 2 President Maupin left the meeting at approximately 8 07 PM and the remainder of the Study Session was chaired by Vice- President Brockus 7 Proposed ordinance to amend Chapters 10 10 and 10 11 relating to parking enforcement — Roger Lubovich, City Attorney, and Jim McDonald, Public Safety & Parks Committee Chair General Business 8 Proposed ordinance to amend Ordinances No 5133 and No 5153 modifying the 2011 Annual City of Bremerton Budget — Becky Hasart, Director of Financial Services, and Nick Wofford, Finance Committee Chair General Business 9 Firefighter's Labor Contract — Becky Hasart, Director of Financial Services General Business C GENERAL COUNCIL BUSINESS due to time constraints, Council Committee Chair Reports were not provided, but General Council Business was briefly discussed D ADJOURNMENT OF STUDY SESSION Vice- President Brockus adjourned the Study Session at 8 27 PM Prepared and Submitted by CHRISTINE GRENIER Council Assistant Attest SHANNON CORK Interim City Clerk WILL MAUPIN, City Council President WMSCIscg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: City Council Meeting Minutes For meeting of COUNCIL MEETING Date �Qh (. Aic ap�� Department City Council Presenter All Maupin, 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 December 21, 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 th Street, Bremerton, Washington, Wednesday, December 21, 2011, at 5 00 PM, with Council President Will Maupin presiding Council Members present were Nick Wofford, Carol Arends, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell Council Members Jim McDonald and Dianne Robinson were absent City Attorney Roger Lubovich, Interim City Clerk Shannon Corin, and Legislative Assistant Lori Smith 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 Cecil McConnell followed by the invocation provided by Bishop Kurt Wiest of The Church of Jesus Christ and Latter Day Saints, Sinclair View Ward MAYOR'S REPORT — Mayor Patty Lent • Invited Wyn Birkenthal Parks & Recreation Director who explained that the Kitsap 911 Memorial Committee has redesigned the Memorial, with drawings on display in the lobby of the Norm Dicks Government Center, and citizens are encouraged to provide their comments, • Summarized all of the events and other highlights that took place in Bremerton over the past year, thanked the Council for their support, and ended by reading a Charles Dickens poem, Pickwick Papers, 1836 PUBLIC RECOGNITION Gary Nystul City Auditor, presented a plaque on behalf of the City Audit Committee, to Council Member Cecil McConnell in recognition of his service to the Committee Mowdie Somati read a statement, that in summary stated the rights of citizens are "under attack" and citizens should not give up their liberty Del Knauss thanked Council Members Maupin, McConnell, and Robinson for their service, and invited the Council Members to attend a meeting on Tuesday, December 27 from 5 30 to 6 30 PM at the same building where a homeless shelter is being proposed, which he does not believe is an appropriate location for such a center Wait LeCouter Director of the Homeless Shelter, explained that the shelter was being proposed to meet the needs of people who need an overnight shelter, and connect them to other necessary services Raven Rayne encouraged home ownership in the City of Bremerton, and passed out Christmas Cards that also included an invitation to the next "Cause for Hope" meeting on Tuesday, January 10 at the downtown Windermere office Abby Burlingame Kitsap County Association of Realtors, thanked Cecil McConnell for the hard work he has provided on behalf of all of his constituents CONSENT AGENDA A Check Numbers 346250 through 346478, and EFT -11461 through EFT -11497 in the amount of $1,367,653 03, Regular Payroll for the pay period ending December 15, 2011 in the amount of $719,041 91 B Contract Award to H2O Solutions, LLC for Reservoir 4 Maintenance, Cleaning, and Inspection C Reappointment of Dennis Treger, CPA to the Audit Committee City Council Meeting Minutes Wednesday, December 21, 2011 Page 2 of 4 D Resolution No 3159 authorizing a Finance Agreement for the purchase of 9 Toro Motors, and an Inter -Fund Loan to Gold Mountain Golf Complex Fund from the Equipment Rental Reserve Fund E Approve Renewal of Property Insurance with Affiliated FM Insurance for 2012 F Confirmation of Katrina Allen as Director of Public Works & Utilities for the City of Bremerton There were no comments from the public 05:50:09 M /S /C /U (Runyon /Arends) Move to approve the CONSENT AGENDA as presented GENERAL BUSINESS 6A — RESOLUTION NO. 3160 REVOKING RESOLUTION NO. 3158 AND REJECTING THE KITSAP COUNTYWIDE PLANNING POLICIES AS ADOPTED BY THE KITSAP COUNTY COMMISSIONERS Andrea Spencer Community Development Director, summarized that on December 7, 2011, the City Council passed Resolution No 3158, ratifying amendments to the Countywide Planning Policies (CPP's) Following additional review of the CPP's policies for Essential Public Facilities (EPF) and the Washington Administrative Code (WAC), specifically WAC 365- 196- 550(3)(d), which describes that if an essential public facility and its location have been evaluated through a state or regional siting process, the county or city may not require the facility to go through the local siting process During the CPP update process, amendments to Element G were made to reflect consistency with PSRC's Vision 2040 The update did not consider recent changes to state regulations related to EPF Therefore, a comprehensive review and appropriate amendment of Element G is necessary to ensure consistency with state regulations At the study session on December 14, 2011, the City Council directed staff to bring a resolution that both revoked the previous ratification resolution and rejects the amendments to the CPP's until such time as Element G is appropriately amended Roger Zabinski Port of Bremerton Commissioner, felt it would be irresponsible for the City of Bremerton to revoke the entire Countywide Planning Policies, and recommended that KRCC first get a chance to amend the section in question 05:54:10 Motion to pass Resolution No 3160 was made by Runyon, and seconded by Wofford Discussion was then opened to the Council for their questions and comments, which were received by Runyon, Maupm, and Wheeler Ms Spencer addressed Council concerns, provided further clarification to explain why she believed it was necessary to revoke the current CPP's, and further explained that this was the reason for the process 06.05.35 M /S /C /U (Runyon/Wofford) Move to pass Resolution No 3160 revoking Resolution No 3158 and rejecting the Kitsap Countywide Planning Policies 66 — ORDINANCE NO. 5174 TO AMEND CHAPTERS 10.10 AND 10 11 OF THE BREMERTON MUNICIPAL CODE (BMC) RELATING TO PARKING ENFORCEMENT Roger Lubovich City Attorney, explained that the proposed ordinance updates the provisions of BMC Chapters 10 10 and 10 11 to correct outdated references to the Revised Code of Washington (RCW) and makes other changes relating to the enforcement provisions for parking There were no comments from the public 06 Motion to approve Ordinance No 5174 was made by Brockus, and seconded by Runyon Discussion was then opened to the Council for their questions and comments, which were received by McConnell, Wofford, and Maupm Mr Lubovich addressed Council concerns City Council Meeting Minutes Wednesday, December 21, 2011 Page 3 of 4 06:12.50 M /S /C /U (Brockus /Runyon) Move to approve Ordinance No 5174 amending BMC Chapters 10 10 and 10 11 relating to parking enforcement 6C — ORDINANCE NO. 5175 TO AMEND ORDINANCES NO 5133 AND NO. 5153 MODIFYING THE 2011 ANNUAL CITY OF BREMERTON BUDGET Caroline Tomgson Financial Services Budget Analyst, summarized that the Bremerton City Council adopted the 2011 Annual City Budget by Ordinance No 5133 on December 1, 2010 and amended the 2010 Annual City Budget by Ordinance No 5153 on July 6, 2011 Subsequently, certain actions have been taken and conditions have changed which have an impact on the final 2011 Annual Budget, resulting in the need to amend it There were no comments from the public 06:14 48 Motion to pass Ordinance No 5175 was made by Wheeler, and seconded by Arends Discussion was then opened to the Council for their questions and comments, which were received by Runyon 06:16 25 M /S /C /U (Wheeler / Arends) Move to approve Ordinance No 5175 of the City Council of the City of Bremerton, Washington, amending Ordinance No 5133 and Ordinance No 5153 relating to the City of Bremerton Fiscal Year 2011 Budget 6D — APPROVAL OF THE 2012 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF) COLLECTIVE BARGAINING AGREEMENT Becky Hasart Financial Services Director, explained that the attached represents the one year contract extension negotiated with the IAFF Local 437 (fire union) There are no substantive changes in the language with the exception of incorporating the current memorandums of understanding (MOU) that are still relevant In addition to the one year roll over, the fire union has agreed to continue their 3 4% wage donation to the City for fiscal year 2012 This is immortalized as a separate MOU for signature Also, there is a separate MOU with regards to call back provisions in the event of a reduction in force This contract extension and both MOU's were approved by the fire union last week Don Stauff thanked the firefighters for donating 3 4% of their wages back to the City, but was still concerned about the proposed overtime costs 06.20:05 Motion to approve the collective bargaining agreement was made by Brockus, and seconded by Wheeler Discussion was then opened to the Council for their questions and comments, which were received by McConnell, Brockus and Runyon Ms Hasart and Fire Chief Al Duke responded to questions 06:24:15 M /S /C /U (Brockus/Wheeler) Move to approve the Collective Bargaining Agreement and the related MOD's for wage concessions and call back between the City of Bremerton and the International Association of Fire Fighters (IAFF) Local 437 and authorize the Mayor to finalize and execute these agreements with substantially the same terms and conditions as presented COUNCIL MEMBER REPORTS Nick Wofford wished everyone a happy holiday and a prosperous new year Carol Arends thanked attendees of the Soldier Lane Christmas event in the Charleston District Greg Wheeler announced that a Severe Weather Shelter would be operating at the Bremerton Food Line located at 1600 12` Street until December 22, encouraged people to donate to the Bellrmgers Campaign, and wished the community a Merry Christmas and Happy New Year i City Council Meeting Minutes Wednesday, December 21, 2011 Page 4 of 4 Roy Runyon reminded citizens to not only "shop" locally, but to "give" locally, and thanked Council Members McConnell, Robinson, and Maupin for their service Adam Brockus was sad to see that Manette TV was closing their doors, and presented Awards in recognition of significant contributions and service to the presented Awards in recognition of significant contributions and service to the City to Council Member Cecil McConnell for his 16 years of service, and to Council Member Will Maupin for his 10 -'/2 years of service Will Maupin thanked City staff and citizens, expressed his appreciation to Legislative Assistant Lori Smith for her hard work both to Council Members and to him personally during his terms as Council President, and thanked wife Karen for being supportive while he committed much of his time over the past 10 years for Council duties and meetings and really looked forward to the future Cecil McConnell enjoyed working with the Mayor and staff during his time as a Council Member, also thanked Lori Smith for always keeping him informed, and appreciated the legal education he received from City Attorney Roger Lubovich, will miss the City and the City Council, planned to enjoy fishing, painting, and as woodcarving President Maupin (for the last time') adjourned the Council Meeting at 6 36 PM Prepared and Submitted by LORI SMITH Legislative Assistant Attest SHANNON CORIN, Interim City Clerk WILL MAUPIN, City Council President WMSCIscg AGENDA BILL 71C CITY OF BREMERTON CITY COUNCIL SUBJ CT: Construction contract with Study Session Date 12/14/2011 4ride r1r 4or Park Avenue alley COUNCIL MEETING Date 1/04/2011 improvements as part of the Park Avenue Department Executive Plaza Phase II project Presenter Gary Sexton Phone 360- 981 -1025 SUMMARY: This public works construction contract is for alley improvements to include trenching for utilities and storm drains, paving and finishing amenities as part of the Park Avenue Plaza Phase II project ATTACHMENTS: Bid package including sample contract FISCAL IMPACTS (Include Budgeted Amount) The estimated contract amount of $300,000 00 is budgeted in the new Fund 306 Park Plaza Phase II APPROVALS: — -- DEPARTMENT DIRECTOR r Gw CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: HeAdeapn Move to approve the Park Avenue Alley Improvements construction contract with &r - Oie l and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented STUDY SESSION ACTION: Consent Agenda eneral mess ❑ Public Hearing COUNCIL PRESIDENT P COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 CITY OF BREMERTON BID TABULATION BID TITLE Alley Trench & Improvements OPENED BY Bryan Fyall DATE OPENED 12/27/11 TIME OPENED 1 45 pm RECORDED BY Shannon Conn NAME OF BIDDER BID ALTERNATE BID UNIT UNIT (W /OUT SALES TAX) BREAKOUT PRICE 1 PRICE 2 r moo! 6 goo 4 ONan&A dY�s � �►� SfPrh.S 'P597 15 X2 4t 88 Smog SUMMARY TOTAL BID COMMENTS APPARENT LOW BIDDE ENGINEER ESTIMATE (INC SALES TAX) $525,000. SEC ND LOW BIDDER n 7 -4 T RD LOW BIDDER PARK & 4TH STREET - PHASE TWO CITY OF BREMERTON TABLE OF CONTENTS EDA Award 07 -01 -06590 Project: Alley Trenching and Improvements, Bremerton, Washington. 1.E _ EXHIBIT 0 Bidding Information i • Invitation to Bid • Instruction to Bidders • Scope of Work • Public Works Agreement i 2. EXHIBIT A - Construction Documents 3. EXHIBIT B - General Requirements 4. EXHIBIT C - EDA Requirements I 5. EXHIBIT D - Form of proposal l i i I I E I f I Page 1 of I i i PARK & 4m STREET - PHASE TWO CITY OF BREMERTON INVITATION TO BID EDA Award 07 -01 -06590 I INVITATION TO BID BREMERTON "PARK & 4 STREET - PHASE TWO ALLEY TRENCHING AND IMPROVEMENTS, BREMERTON, WASHINGTON Bremerton, Washington Bids Due: 27 December 2011 City of Bremerton, will receive sealed bids for the Alley Trenching and Improvements Bremerton, WA 98337 The southern and western portions 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 Bremertods Alley Trenching and Improvements. City of Bremerton will receive bids Finance Department 345 6th Street, Suite 600 Bremerton, WA 98337 until 1.45 PM 27 December 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. i 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 emailed bids are invalid and will not receive consideration. Contractors may obtain Bidding and Contract Documents by • Emailing Brian Fyall @ bnan aC�loragpartnerc ��.+. 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. I 1 s f f I Page 1 of I PARK & 0 STREET PHASE TWO CITY OF BREMERTON INSTRUCTION TO BIDDERS EDA Award No. 07 -01 -06590 101 BIDDERS' REGISTRATION All Bidders must be registered by the Washington State Department of Labor and Industries in accordance with RCW 18 27 020 102 EXPLANATION TO PROSPECTIVE BIDDERS Any prospective Bidder desiring any explanation or interpretation of the Bidding and Contract document must request such explanation and/or clanfication in writing by emailing Brian Fyall at bnan9bloraxoamters cola responses to questions will be posted on City of Bremerton website ( www ci bremerton wa us under 'Public Notices and News') Any information given a prospective Bidder concerning these documents will be furnished via website to all other prospective Bidders as an Addendum to the Solicitation Oral explanations or instructions given before the award of a contract will not be binding 103 PREPARATION OF BIDS - CONSTRUCTION A Bids must be 1 Submitted on the forms furnished by Owner or on copies of those forms, and 2. Manually signed in ink over the printed or typed name and title of the signatory The person signing a Bid must initial each erasure or change appearing on any Bid Form B The Bid Form will require Bidders to submit prices for one (1) or more items on various bases, including 1 Lump sum bidding; 2 Alternate prices, 3 Unit prices The Owner is not obligated to accept or use unit prices and may choose to negotiate for specific amounts during construction C The solicitation requires bidding on all items, failure to do so may disqualify the Bid D Alternate Bids will not be considered unless this solicitation authorizes such submission E Except as otherwise provided herein, proposals which are incomplete, or which are conditioned in any way, or which contain erasures, alterations or items not called for in the Form of Bid, or which are not in conformity with the law, may be rejected as informal or non responsive F The Bid Form invites Bids on definite Drawings and Specifications Only the amounts and information asked for on the Form of Bid will be considered as the Bid. Each Bidder shall bid upon the work exactly as specified and as provided in the Form of Bid 104 LAWS AND REGULATIONS Page i of 6 I PARK & 4 t° STREET PHASE TWO CITY OF BREM[ERTON INSTRUCTION TO BIDDERS EDA Award No 07 -0I -06590 A The Bidder is assumed to be familiar with all federal, state, county and local laws and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used in the proposed construction, or which in any way affect the conduct of the Work, and no pleas of misunderstanding will be considered on account of ignorance thereof If the Bidder shall discover any provision in the Drawings, Specifications and/or Contract which is contrary to or inconsistent with any law or regulation, the Bidder shall forthwith report it 105 BONDS A Bid Guarantee is not required B Unless otherwise specified in the Bid, the Bidder will 1 Allow ten (10) days for acceptance of its Bid and Schedule, and 2 Submit executed Contract, Insurance Certificate and Performance Bonds within five (5) days after receipt of the forms from the Owner If the successful Bidder, upon acceptance of its Bid by the Owner within the period specified for acceptance, fads to execute all contractual documents or give Bidding and Contract bond(s) and insurance as required by the document within the time specified, the Owner may terminate the Contract for default 106 ACKNOWLEDGMENT OF ADDENDA, QUESTION & ANSWERS, AND COMPLETENESS OF DOCUMENTS A Bidders shall acknowledge receipt of any Addenda by identifying the Addendum Number in the space provided for this purpose on the bid form B Bidders shall acknowledge receipt of any posted 'Questions and Answers' on the City Website, provided date & time of receipt. C The Bidder shall verify that all documents supplied by the Owner, and upon which the Bidder is basing the Bidder's Bid, are full and complete with no missing pages, sheets or unintentional blank spaces Submittal of a Bid indicates the Bidder has verified that the Bidder has obtained all Owner - supplied Contract Documents No claim for additional work due to missing bid information will be allowed. 1 07 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK A The Contractor acknowledges that the Contractor has taken all steps necessary to ascertain the nature and location of the Work and that the Contractor has investigated and is satisfied as to the general and local conditions which can affect the work or its cost, including but not limited to 1 Conditions bearing upon transportation, disposal, handling and storage of materials, 2 The availability of labor, water, electric power and roads, Page 2 of 6 I PARK & 0 STREET PHASE TWO CITY OF BREMERTON INSTRUCTION TO BIDDERS EDA Award No 07 -01 -06590 3 Uncertainttes of weather, river stages, tides or similar physical conditions at the site; 4 The conformation and conditions of the ground, and 5 The character of equipment and facilities needed preliminary to and during work performance The Contractor also acknowledges that it has satisfied itself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Owner, as well as from the Drawings and Specifications made a part of this Contract Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the Work, or for proceeding to successfully perform the Work without additional expense to the Owner B The Owner assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Owner Nor does the Owner assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this Contract, unless that understanding or representation is expressly stated in this Contract. 108 TAXES The Contract Sum and any agreed variations thereof shall include all taxes imposed by law, but no State Sales Tax Sales Tax if applicable will be collected from the Owner and will be paid to the State by the Contractor in conformance with the law Contractor shall furnish proof of payment of State Sales Tax required by law 109 CONTRACT AWARD A. The Owner will evaluate all Bids submrtted to determine the lowest and best Bid The Bidder must be qualified by experience, financing and equipment to do the work called for in the Plans and Specifications Whenever required by the Owner, the Bidder shall furnish a statement of Bidder's construction experience, financial resources and general ability to perform the work contemplated Owner shall have the right to take such action as Owner may deem necessary in determining the ability of the Bidder to perform the Work satisfactorily B Owner may reject any or all Bids and waive informalities or minor irregularities in Bids received i C Owner may accept any item or combination of items unless doing so is precluded by a restrictive limitation in the Bid i i i Page 3 of 6 I PARK & 0 STREET PHASE TWO CITY OF BREMERTON INSTRUCTION TO BIDDERS EDA Award No 07 -01 -06590 D Owner shall not enter into a Contract for Public Work with any person or entity who, within two (2) years prior to this Bid Opening shall have abandoned, surrendered or faded to complete any such Public Works Contract. 110 SUBMISSION OF BIDS A Bids and Bid Modifications shall be submitted in sealed envelopes or packages addressed to City of Bremerton Attn Finance Department 345 a Street, Suite 600 Bremerton, WA 98337 The outside of the sealed envelope/package shall be clearly marked to indicate the time specified for receipt thereof, the title of the project and the name and address of the Bidder B Telegraphic and /or Faxed bids will not be considered 1 11 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF BIDS A Any Bid, modification or withdrawal of a Bid which is received after the exact time specified for receipt will not be considered B The only acceptable evidence to establish the time of receipt at the office designated in the Solicitation is the time/date stamped or printed by the Owner on the Bid wrapper or other ; documentary evidence of receipt maintained by Owner C A modification of the successful low Bid that makes its terms more favorable to the Owner will be considered at any time it is received and may be accepted D Bids already received may be modified by written, telegraphic or faxed notice if such notice is received by the time specified for receipt of Bids Telegraphic or Faxed notice shall be confirmed in writing on the stabonery of the Contractor and this confirming letter shall be postmarked by a date and time prior to the Bid Opening E At any time prior to the scheduled closing time for receipt of Bids, any Bidder may withdraw its Bid, either personally or by telegraphic, Faxed or written request After the scheduled closing time for the receipt of Bids or before the award of the Contract, no Bidder will be permitted to withdraw its Bid unless said award is delayed for a period exceeding sixty (60) days i F. If it becomes necessary for the Bidder to claim error, the Bidder must do so prior to 5 00 PM the next business day following the Bid Opening The Bidder must submit complete documents that i show the error is mathematical or clerical in nature and not a misjudgment of the scope of work and Bid Documents Such a claim of error will preclude Bidder from rebidding the project in the event the Owner has no responsive Bids remaining within the funds available and must re- advertise for Bids. The Owner may assess damages against Bidder so claiming error 1 12 SUBSTITUTIONS AND APPROVAL PRIOR TO RECEIPT OF BIDS Page 4 of 6 t PARK & 4 STREET PHASE TWO CITY OF BRENIERTON INSTRUCTION TO BIDDERS EDA Award No. 07 -01 -06590 A. Bids must be based on the specific articles and materials named on the Contract Documents or their approved equals B During the bidding period, written requests for approval of substitutions by prime bidders will be considered if received by Snan Fyall via email not later than two (2) calendar days prior to the date of Bid Opening Such requests shall be accompanied by complete descriptions, technical data and documentary evidence that the proposed substitution is equal to, or better than, those articles or materials specified Owner reserves the right to request that samples be submitted and satisfactory demonstrations be made for the proposed substitutions prior to approval C Approval of proposed substitutions will be made by Addenda. Proposed substitutions not so listed shall be considered having been rejected 1 13 OPENING OF BIDS A At the time and place set for the opening and reading of Bids, each and every proposal (except those which may have been withdrawn), received prior to the scheduled closing time for receipt of proposals will be publicly opened and read aloud, irrespective of any irregularities or infbrmalibes in such proposals 114 PUBLIC WORKS LAWS AND PREVAILING WAGE REQUIREMENTS A All Public Works Contracts are subject to the provisions of Tales 36, 39, 40, 48, 49, 50, 51 and 60, RCW, as they pertain to Public Works Employment and Wages in the political subdivisions of the State of Washington In addition wages must confirm to Davis -Bacon rates 115 AUTHORIZED AGENTS AND SIGNATURES A Signatures- 1 Proprietorship If a sole proprietorship (even though the words "and Company" appear), the person should name him/herself as owner Example John Doe, d/b /a John Doe Company 2 Partnership If the Contractor is a partnership, the Managing Partner should sign, describing him/herself as such 3 Corporation i If the Contractor is a corporation, a signature for the corporation by the president (or equivalent) and by the secretary (or equivalent), describing themselves as j such, plus imprint of the corporate seal, will be presumed sufficient If the corporation has a resolution or by -laws authorizing some other signature, a copy of the resolution or by -laws should be submitted with the offer One of the two signatures shall be notarized by a Notary Public. I Page 5 of 6 i i i PARK & 4' STREET PHASE TWO CITY OF BREMERTON INSTRUCTION TO BIDDERS EDA Award No. 07 -01 -06590 Bonds The persons signing for the corporation must sign both the Agreement and the Bonds The seal of the bonding company is required on the Performance Bond and Payment Bond B Attomey- In- Fact/Seal 1 The surety should be bound by an attomey -in -fact, preferably a resident of IGng County, Washington, but certainly of the State of Washington 2 The seal of the bonding company is required on the performance Bond. 1 16 TERMINATION PRIOR TO CONTRACT SIGNING The Bidders are advised that Owner reserves the right to choose not to award the Contract up to the time the Owner signs the Agreement, including after the Notice of Intent to Award has been issued In submitting the Bid, the Bidder agrees such termination will not result In any claims or causes of action for costs or damages by the Bidders against the Owner i END OF SECTION I I I I I I I I { i I Page 6 of 6 I PARK & 4TH STREET - PHASE TWO CITY OF BREMERTON SCOPE OF WORK EDA Award No. 07 -01 -06590 Alley Trenching and Improvements - Scope of Work: 1. Procure City Right -of -Way permit for work noted herein. Permit Type required is Type B. Include all fees, bonds and associated charges to secure permit. Access to rear of buildings is to be coordinated and approved by City's Special Project Administrator. 2. Provide all materials, labor and equipment for improvements as noted on Exhibit A - Contract Documents and described herein. 3. Additional contractors will be performing work in the area of construction. Contractors working in this area may include: Park Ave Parking Garage (project on the south and west side of alley); cinema project (located above Park Ave Parking Garage); United Way building renovation and tenant improvements (project on north side of Alley), 4th Street trenching for electrical utilities (work between Park and 4th Street intersection and east face of United Way Building). Weekly meetings will be held with this group of Contractors to coordinate construction activities to minimize conflicts. 4. Provide trenching, bedding, back fill and finished surfaces as noted below for underground services from eastern portion of alley abutting Pacific Avenue to western end of alley (abutting Park Ave Garage). Public utility work includes conduit and junction boxes for PSE, Comcast, CenturyLink, alley lighting. Public utility work also includes extending storm sewer up alley PSE work indicated on 4th Street and on east side of United Way is to be excluded. 5. Provide all equipment, labor and material (except conduit, junction boxes, vaults) to complete PSE design drawings and associated PSE standards as noted on Contract Documents and noted above. Include all work called out on PSE drawings as'Responsibilities of the City'. 6. Provide all equipment, labor and material (except conduit and junction boxes) to complete Comcast design drawings. Include core drills through drive tunnel and support conduit with uni -strut an conduit clamps (see ' Exeltech C1 for location of tunnel) ' I 7. Provide all equipment, labor and material (except conduit and junction boxes) to complete CenturyLink design drawings. Include core drills through drive tunnel and support conduit with uni -strut an conduit clamps (see Exeltech C1 for location of tunnel) { f I Page 1 of 1 PARK & 4TH STREET - PHASE TWO CITY OF BREMERTON SCOPE OF WORK EDA Award No. 07 -01 -06590 8 At east end of alley, provide tie in to existing junction box and resurface with cold patch asphalt. Provide additional connection for IP1 and then complete replacement of sidewalk. 9. Final surfaces adjacent to power poles to be removed will occur after poles have been removed. Provide temporary cold patch as required. 10. Provide and install 3 inch diameter bollards painted safety yellow on each side of gas meters. Bollards to project X -0" above grade and 3' -0" below grade and be set in concrete footing 18 inch in diameter and 3' -6" deep. 11. Provide storm drain line up turned to accept down spout by others as shown on the drawings. 12. Disruption to off site parking areas is to be minimized. Schedule of limited or not access to these area is to be provided in written form every two weeks during construction process. 13. Provide conduits from hand holes or vaults in accordance with Schedule per Exhibit B. i Page 2 of 2 PUBLIC WORKS AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ( "City "), and Henderson Partners LLC ( "Contractor "), whose mailing address is 11302 Burnham Dr NW, Gm Harbor, WA 98332 The parties agree as follows 1. CONTRACTOR SERVICES. The Contractor shall perform the following Scope of Services for the City A Procure City Right -of -Way permit for work noted herein Permit Type required is Type B. Include all fees, bonds and associated charges to secure permit. Access to rear of buildings is to be coordinated and approved by City's Special Project Administrator B Provide all materials, labor and equipment for improvements as noted on Exhibit A - Contract Documents and described herein C. Additional contractors will be performing work in the area of construction. Contractors working in this area may include- Park Ave Parking Garage (project on the south and west side of alley); cinema project (located above Park Ave Parking Garage), United Way building renovation and tenant improvements (project on north side of Alley), 4th Street trenching for electrical utilities (work between Park and 4th Street intersection and east face of United Way Building) Weekly meetings will be held with this group of Contractors to coordinate construction activities to minimize conflicts D Provide trenching, bedding, back fill and finished surfaces as noted below for underground services from eastern portion of alley abutting Pacific Avenue to western end of alley (abutting Park Ave Garage). Public utility work includes conduit and junction boxes for PSE, Comcast, CenturyLmk, alley lighting Public utility work also includes extending storm sewer up alley PSE work indicated on 4th Street and on east side of United Way is to be excluded E Provide all equipment, labor and material (except conduit, junction boxes, vaults) to complete PSE design drawings and associated PSE standards as noted on Contract Documents and noted above. Include all work called out on PSE drawings as 'Responsibilities of the City' F. Provide all equipment, labor and material (except conduit and junction boxes) to complete Comcast design drawings Include core drills through drive tunnel and support conduit with um -strut an conduit clamps (see Exeltech C1 for location of tunnel) G Provide all equipment, labor and material (except conduit and junction boxes) to complete CenturyLmk design drawings Include core drills through drive tunnel and support conduit with uni -strut an conduit clamps (see Exeltech C1 for location of tunnel) Page 1 of 7 Agreement — Henderson Partners LLC EDA Award 07 -01 -06590 H. At east end of alley, provide tie in to existing junction box and resurface with cold patch asphalt Provide additional connection for IP1 and then complete replacement of sidewalk. I. Final surfaces adjacent to power poles to be removed will occur after poles have been removed Provide temporary cold patch as required J. Provide and install 3 inch diameter bollards painted safety yellow on each side of gas meters Bollards to project 3' -0" above grade and 3' -0" below grade and be set in concrete footing 18 inch in diameter and 3' -6" deep. K Provide storm drain line up turned to accept down spout by others as shown on the drawings L Disruption to off site parking areas is to be minimized Schedule of limited or not access to these area is to be provided in written form every two weeks during construction process M. Provide conduits from hand holes or vaults in accordance with Schedule per Exhibit B 2. TIME OF COMPLETION. Contractor shall complete the work within 60 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 $One hundred ninety seven thousand four hundred eighty seven dollars ($197,487), sales tax if applicable is not included Exhibit D indicates Alternates and Unit Prices Unit Prices shall remain in effect through end of the project 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 Retamaee 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 Page 2 of 7 Agreement — Henderson Partners LLC EDA Award 07 -01 -06590 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 at the convenience of the City 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 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 Special Project Administrator 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 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 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 Page 3 of 7 Agreement — Henderson Partners LLC EDA Award 07 -01 -06590 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, injures, 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 ansing 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 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 C. Endorsements in accordance with Right of Way permits Page 4 of 7 Agreement — Henderson Partners LLC EDA Award 07 -01 -06590 Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor 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 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 Page 5 of 7 Agreement — Henderson Partners LLC EDA Award 07 -01 -06590 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 ansing 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 terns 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 terns of this agreement shall prevail L Archaeological or historic materials NOTICE If archaeological or historic materials are discovered during protect activities, work in the immediate vicinity shall stop, the area shall be secured, and the EDA, State Historic Preservation Officer, and Tribal Historic Preservation Officers of the Suquamish, Squaxin Island, and Skokomish Tribes shall be notified EXHIBITS — Attached herein — Page 6 of 7 Agreement — Henderson Partners LLC EDA Award 07 -01 -06590 o EXHIBIT A — Construction Documents o EXHIBIT B — General Requirements o EXHIBIT C — EDA Requirements o EXHIBIT D — Signed Form of Proposal 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 Henderson Partners LLC Atten Gary Sexton 11302 Burnham Dr NW 3456 1h Street, Suite 600 Gig Harbor, WA 98332 Bremerton, WA 98337 (253) 851 -5896 (360) 981 -1025 (360) (facsimile) Page 7 of 7 Agreement — Henderson Partners LLC EDA Award 07 -01 -06590 EXHIBIT A - Construction Documents Exeltech design documents dated 6/9/11: • CO - Cover sheet; • C1- Alley Improvements Plan & Profile • C2 - Alley Improvements Plan & Profile • C3 - Alley Improvements Plan & Profile • C4 - Details PSE design drawings 101068707 Schedule 74 OH to UG Conversion • Page 1- Cover page; • Page 2 - Western portion of alley; • Page 3 - Eastern portion of alley; • Page 4 - Details. Schedule for Conduits from PSE vaults & hand - Re- issued Addendum # 3 Printed 12/20/11 o One page i Comcast design drawings • Page 1- Western portion of alley; • Page 2 - Eastern portion of alley. Century / Link design drawings • Page 1- Western portion of alley; • Page 2 - Central portion of alley; • Page 3 - Eastern portion of alley. Addendum # 1 Issued 1 December 2011 ' Addendum # 2 issued 7 December 2011 I Addendum # 3 Issued 20 December 2011 i Addendum # 4 Issued 22 December 2011 Exhibit A - Tide Page i I'll 1, 14 W~ K mm vm 1 aw Wx PARK AVENUE & 4TH STREET - PHASE TWO ALLEY IMPROVEMENTS NEME00N, WGTON i Y� d►� •! M E R mro adaE *% a • 0� a a r®aaa�wrsrworar a �arnrewr�ereossmer rrowiww w� a ap mm a r _ r � Mpeaawr MA � r w g a - i ar oa.. ■.e ® MELS &A co gun WWI IBM to pr MINIM cow Im 4-V1 V12 MA IOW vjww -1 - 'r�lf�t►rt auwee� ra a " w TAM TO_ 1SMa i4 TN w w�vm am oawasout WON" r ww u �naK M Snro � c �w� V it 1 { BYO ""* m COMM AMa� f C" i NU.Nd ---- �C�wt�CllraM f t u MR IC a Q farm e M /�wo1 = amp I cz aaoun M P taow� - `Ma m yo ' ram ' N w 7,—,9 `WM CM a dun - 3 AIIFrA r M a1A � 11F10 PLAN M Otlf M 44 ry r arw..r JIiM aa f0 Y JJJf 1 � nWr mane tt /so /g ■�wr�ltwrieuer Qtt���tt� .. _ .... _..- • -_ - -- _ pC[-i • .6 11 i0 OIL - -- - - --------- --- mrseJr° Q ! 1 , ons-t o p Al 9 " w I 1 r ; Nru . , u 'uwwm m � :�►!+T�_ - uirYlew Boom yip �(, N a Ya -- 1 : \ s / i0 +�tttt V " wag= � �` � ,� I, r1i y { (1 - JIDIYwm gpp p�/ 71NW /MI _ JjYal -' 0 3!LL) DAd.fA .9 1 au S till V NY00 � � Ntl�r1 All r JnomJ00 !yy b1d A n L ' i ! 1 1 rt ualt wsL �t 'M'W+N ws �t ' ' o�utmmaj r 41 ee^ritP�� teM food wlrpM twee ..�......� �rinr 1r r.. ow mum .om I.JV ........,�me i - - - - -- AMR _ ' _ its lwOreYrwM ,M i rw r• 4 "�'n� a,r -real "'" 'q S ��1�1� y, /•���� i r1M�r�rir� '•~ �_ rr arrrYiewl,au1 t M aim ra �0 ,ebaom .j. f , SI N Rt flliil� g � ' � f 1 •+� wr •.•�•. -.r.. rwwarow w w►r r...p....y *.�r.r. rgs�...e+wn r... ws air i 000�� err; �►:��r, ; CCH oil ! a :lwk.; - = � i' � � �� Via. �►�' aCaa[i il� �ir��ra .r te 11110 HIM _ 1111[! . sI11 fil its 1'I � w 1111%A �d�l�� .gym [ * [I Ll I f6 111n man III I 1 M . 64 m cc , I , Pd iiiii MENNI KLELL FULL LL LWIFIN FF. OL PL'-. A �I� —.—r -mac" �" _ ratio ME XNAVOOM MEMO 4. raA ��aarrr� 'n I ► �■ � �. & T" G. D !'Z'!► Di. 11� c © Q _ SMA ... ��� � �a MialalYatar �y uu J ',� �,a �1rJaaa MI` >tr4�j.w..� � >.1ar�r L•LIUL ■i ,�� � - �cr — �� yLJ �rn L t. . _ , } ► ��JJJJ�r� �.ri�Yii " r x�t.A -" (�/ _ �IyLJ 1 ,'��•-..-• Ml.aaa�atrarr to Lya LJ - - .... � - �1t - r.� ;• ter 4, PARK & 4TH STREET - PHASE TWO ALLEY TRENCHING AND IMPROVEMENTS EDA PROJECT NO. 07-01-06590 Provide conduits from noted PSE vault or handhold as noted below i Conduits to be Schedule 80 below grade and a minimum of 8' -0" above grade. Use only factory bends, do not exceed 360 degree In bends. Depth of conduit to be 36" below finished grade. r Install conduit adjacent to existing weather heads ( +/- 9 "). For conduits serving 515 4th Street ! install conduits on alley side south west corner of building, stop conduits 25'-0" above grade. I Provide pull string within conduits for use by others. I Conduit she and PSE connection Item Address number int Comment 1 515 4th Street 6 V02 2 515 It Street 6 V02 3 515 4th Street 6" V02 4 515 4th Street 6" H3C S 517 4th Street 2" 1131C 6 319 4 6" V03 7 523 4th Street 6" V03 8 547 4th Stredt 2" H3 9 605 4th Street 2&21 H3A 10 615 4th Street 2" H03 11 619 4th Street 2017 H03 12 524 Burwel Street 2@3- H3D 13 523 4th Street 2 M 6 `f02 14 Drift wrost of 523 BurwtU 2" H3C 15 Parking east of 649 Burwell 2 H3B Conduits from PSE vaults handholds Addendum # 3 Page 1/2 Prmte� 12:56 PM r i I I i i I COMMIS from PSE vaults handholds Addendum # 3 Page 2 / 2 Printed 1220/11 12:56 PM 0�o� P 4 • I �Ir� 1 MME 1 1 •♦r n • .5- .-N 11 ♦ • u r♦ r • I'..0 ..SINN +•�t.J dill• ,a v I .. ,. • A,w, .I �> yIIyI1'P I..Ni u • r n . Mlht .w1Y. . ♦ I ••• „I . «w.rdln r.. +. .. 5 I. r ••♦♦ .SA'\ . N•Y N..a•A IOI l .� • I u 1 , • � a AAI � � • I n/ ♦ NioMnptillop Pus t1i0plt00pry u8 "CAL ! WMA 17 tr•a�v . l � r f`t.4•V ` � L.. i N .r O t #r too ,. r % still ' s :ssss #sssss # # # # � ss sssaa ssaae ss sari it ik Asia ' �' REtFiE } } Ft1Eig!!EIlI<!D @!<iF1:l: � i ! • is E ww till t �1til1FIRoff l s r.9 ru s t s a a efte r.9 ru s t s s ssaaxxa.asaax I i I Ak mane R IMO we CtU eMP$0$ 1/Fw dt eeaf! 0in10d¢ or T ww eLlw p�Ww 710��M -N7e tiww b— ft" NEW CONSTRUCTION $Wiwi 845 JUVENILE REHAB ADM 647 UNITED WAY KITSAP CO PARKING 07/eDeYi eYewA M eA� 10' 1 — PVC -2" PLACED BY CCnnYTO BE 130' 2 -4 PVC TO BE weswe..ie.r..� TO BE PLACED BY CITY PLACED BY CITY ..� , ewwn M ew,w POSSIBLE CO PATH TO THEATRE C GARAGE & / O � N +� POSSIBLE CONDUIT PATH � + x Y RRETAR COT LEX NT !t rn CL BURWELL - 4TH ST ALLEY NEW CONSTRUCTION SKETCH 3 OF 3 CITY TO PLACE ONE 264 —TA CHANGE STEEL PIPE 6 - 29 -11 HAND HOLE WITH RACKING & NON —SKfD UD THIS PRINT CITY TO PLACE 10' 1— PVC -2" TO 2" PVC SEE UTILITY VAULT SPECS CONDUIT FROM HH TO BUILDING AS INDICATED. STRAP 10' CENTURYLINK CITY TO PLACE 2— PVC -4" BETWEEN TO BUILDING / QWEST HANDHOL.ES, ALL PRINTS TO BE TERESSA WATSON EXCLUSIVE TO CENTURYLINK 611 SIXTH STREET BREMERTON, WA 98337 360- 478 --5670 JOB 12W2V1G Kam emus no orcm w o" oe ow ono$ woom on roar Kromoom om" 6 - - moo-.* - K� .e eue aroeue +wr... e.►ae -eno s sew. 545 nw ar, EVERGREEN TROPKYc PARKING 619 611 PLOY 603 EVERGR BEN PARKING 75' 2- PVC -4" BE mMn,onwmr..wawrw. td 1— PVC -2" PLACED BY CR Y �61� v co er PLACED BY CITY w .w U w n..w- ft" lb Bf PLACED BY Crry tv 6f PLMEfri 9Y ww r �.. Rrr w ew... n N }y to 40 X / = MT T POSS EW APARTMENT O I RETAIL COMPLEX ~ BURWEL L - 4TH ST ALLEY t NEW CONSTRUCTION 1 PARKING CITY TO PLACE THREE 264 —TA SKETCH 2 OF 3 HANG HOLES WITH RACKING do CONDUIT UI OM I CY N T- PVC -2" BUILDINGS 6-29- CHANGE STEEL PIPE NON —SKID LID THIS PRINT. AS INDICATED. BLOCK 10' UP TO 2" PVC SEE UTUM VAULT SPECS BUILDING CITY TO PLACE 2 - 4 " PVC BETWEEN CENTURYUNK / QWEST HANDHOLES ALL PRINTS TO TERESSA WATSON BE EXCLUSIVE TO CENTURYUNK 611 SIXTH STREET BREMERTON, WA 98337 360 - 478 -5670 JOB 12W2V1G 6 - 9 - 1 1 R11NN �f MD esowwRnoM mm 00 or OF= Iu1011C. on Leer eerasema+ IRON N* !,R[T Shest "r.r -��► UK Kl* .r >ar r G � ' �br k0AV-(P 090. 0'- --0 L— O&eM aw 1M�ne R We T24N " OP SEC 13 "@dko " a"`""" KITSAP 104%ft NO-08-"M ... COUNTY k"." em M ow. PARKWC BRINKERHOFFS 309 SORIANO BLDG Sig 311 ISELIA o �yC = °a010 523 - VAC 8 f S °" 01r "� PI�iY. d1YD 517 2 . .".. �.. het - � 2-4' PlAM c >© aTy RAM" M IM.e I K 0 _ Y. A ll FE u 12 4 "KTW. Tw O O SIDEWALK 9URWELL " 4TH ALLEY 301 SIMPLY RENEWED 305 ALCHEMY TATOOS PARKING 307 GOLD & SILVER EXCHANGE 315 LOUNGE • 520 PS ENVIRONMENTAL SKETCH 1 OF 3 REVISION 1 6-29 -1 CITY TO PLACE TWO 264 -TA CHANGE STEEL PIPE HAND HOLES WITH RA ING & TO 2" PVC NON -SKID LID THIS PRINT. CRY TO PLACE 2- PVC -4" SEE LnrJW VAULT SPECS BETWEEN HANDHOLES TO BE EXCLUSIVE TO CENTURYLINK CITY TO PLAC 10' 1- PVC -2" OWEST CE CONDUIT FROM HANDHOLES 611 S WATSON INK TO BUN.DI40S AS INDICATED. 611 SIXTH STREET BLOCK 10' UP BUILDING. BR -478- 70 983 .360-478-9870 new was Am maomugm awn to not A -n wmtf. ae "N womwm .non I* acv JOB t 2W2V t G Shoot 007 of 9 PARK & 4TH STREET - PHASE TWO ADDENDUM # 1 CITY OF BREMERTON ALLEY TRENCHING & IMPROVEMENTS EDA Award No. 07 -01 -06590 ADDENDUM # 1- ISSUED 1 DECEMBER 2011 A. Replace `Public Works Agreement' with attached revised Agreement Page numbers changed and added to paragraph 12 L. Archaeological or historic materials. i i i i i I � I Page 1 of 1 1 PARK & 4TH STREET - PHASE TWO ADDENDUM # 2 CITY OF BREMERTON ALLEY TRENCHING & IMPROVEMENTS EDA Award No. 07 -01 -06590 ADDENDUM # 2 - ISSUED 7 DECEMBER 2011 A. Question from bidder `Exhibit A plans are difficult to read, can you post on website true scale pdf's ?'. Response - Attached documents (Schedule, Comcast and Century/Link document original scale is 8 % x 11): o Exeltech Consulting design drawings dated 6-9-IL o PSE design drawings 101068707 Schedule 74 OH to UG Conversion B. Question from plan center `Do you have a list of plan holders?. Response -No there is not a plan holders list C. Question from plan center `Do you have a estimate of project costs?'. Response - Alley improvements estimate $525,000.00. i Page 1 of 1 i P rr Ar i PARK & 4TH STREET - PHASE TWO ADDENDUM # 3 CITY OF BREMERTON ALLEY TRENCHING & IMPROVEMENTS EDA Award No. 07 -01 -06590 ADDENDUM # 3 - ISSUED 20 DECEMBER 2011 I. QUESTIONS FROM BIDDERS AND RESPONSES: A. Request a clearer definition for " Bid Break Out No 1 ": If the Base Bid is to provide the Alley Way Construction identified in the Drawings then what is this Bid Break Out specifically requesting? Additionally, if this information is only for government tracking purposes can this amount be an educated guesstimate? o RESPONSE: Bid breakout is to isolate labor costs specifically for PSE installations (conduit, vaults, core drills, etc). Purpose is to split costs with PSE. B. Is there a lay down area at the construction site for the materials? o RESPONSE: Lay down area is limited to west end of alley. C. If paid parking areas are closed during construction will there need to be compensation paid to the parking lot owners? o RESPONSE: No. D. Who will be providing the surveying for the finish grade elevations? o RESPONSE: We expect none will be required. Existing finished elevations will be maintained at building faces, drives etc. E. Contract specifications call for using the existing soil and /or select fill backfill - who will make this determination and how should backfill be bid for the project? o RESPONSE- City Project Administrator will determine if existing soil may be re -used. Bid using existing soil, Unit Price # 2 will be used if existing material is rejected. F. Prints #3 identifies existing oil drums - Will these oil drums need to be removed or are they staying in place and the ducting to be routed over and around the drums? o RESPONSE: Existing oil fill spouts are to remain in place. Conduits are to be routed around oil piping and accessories. i Page 1 of 2 i f PARK & 4TH STREET - PHASE TWO ADDENDUM # 3 CITY OF BREMERTON ALLEY TRENCHING & IMPROVEMENTS EDA Award No. 07 -01 -06590 G. If gas utility main or service lines have to be moved or turned off and back on again during vault installations who pays for these charges? o RESPONSE: We don't expect this to occur. 2. REVISE CONDUITS FROM PSE VAULT & HAND HOLDS A. Replace existing Conduit from PSE vault & handhold with attached revised sheet i i Page 2 of 2 i PARK & 4TH STREET - PHASE TWO ALLEY TRENCHING AND U IPROVEMENTS EDA PROJECT NO.07 -01-06590 Provide conduits from noted PSE vault or handhold as noted below Conduits to be Schedule 80 below grade and a minimum of W - 0 " above grade. Use only factory bends, do not exceed 360 degree in bends. Depth of conduit to be 36" below finished grade. Install conduit adjacent to existing weather heads ( +/- 9 "). For conduits serving 515 4th Street Install conduits on alley side south west comer of building, stop conduits 25' -0" above grade. Provide pull string within conduits for use by others. i Conduit size and PSE connection Item Address number Point Comment 1 515 4tb Street 6 V02 2 515 4th Street 6" V02 3 SIS 4th Street 6 V02 4 515 4th Street 6 113C S 517 4th Street 2" H3C ' 6 §2 4th Street 6" V03 7 523 4th Street 6" V03 8 547 4th Street 2" H3A 9 605 4th 2 H3A 10 615 4th Street 2" H03 11 619 4th Sbmd Z 2 H03 12 1524 Barwell Street 2 gi 3" 113D 13 523 4th Street 2 Q 6 V02 14 Parkin west of 523 Burwell 2" H'�C 15 Parkin east of 649 Burwell Z" 103B Conduits from PSE vaults handholds Addenduin # 3 Page 1 /2 Printed 12/20/11 12:56 PM Fw��-A— i f i 7 i S 1 1 l t Conduits from PSE vaults handholds Addendum # 3 Page 2 / 2 Printed 1220/11 12.56 PM i t (k f WT 1 � � PARK & 4TH STREET - PHASE TWO ADDENDUM # 4 CITY OF BREMERTON ALLEY TRENCHING & IMPROVEMENTS EDA Award No. 07 -01 -06590 ADDENDUM # 4 - ISSUED 22 DECEMBER 2011 1. QUESTIONS FROM BIDDERS AND RESPONSES: A. Print C -2 Drain Construction Notes: Item 3: Remove and Replace Existing jersey Barriers: Is this wall of Barriers indeed to be removed and replaced with NEW jersey Barriers? o RESPONSE: No. Existing barriers are to be replaced. B. If these Jersey Barriers are to be removed then constrdction crews would lose half of the alley way at this location - is this correct? o RESPONSE: Intent is to carry new surfaces under jersey barriers. Removal is not required provided new surfaces are carried to face of existing walls. C. If they are to be removed, would there be access from the lower parking lot to remove and replace these jersey Barriers from Burwell Street Parking Lot? o RESPONSE: Access from Burwell parking lot has not been granted from land owner. D. If this Jersey Barrier Structure is over 4' would there be Engineered Drawings required for the Structure? If so, who would provide these drawings? o RESPONSE: Existing barriers are to be re -used. E. Print C-4 Alley Way Concrete Thickness - What is the thickness of the concrete? It is difficult to read if the drawing calls for 6" or 8" thickness. Please clarify? o RESPONSE: Concrete thickness is 6 ", Sections A -A, B -B and C -C should be changed to 6 ". F. What is the thickness of the existing paving that will be removed? o RESPONSE: Existing concrete thickness is +/- 61/2 ". Page 1 of 1 I EXHIBIT B - General Requirements General Requirements: o 3 pages i I 1 f t i i s Exhibit B - Tide Page { PARK & 4'm STREET PHASE TWO CITY OF BREMERTON GENERAL REQUIREMENTS EDA Award No 07 -01 -06590 General Requirements: A. Price and Payment Procedures: i 1. Schedule of Values- Before 12t application for payment submit Schedule of Values for approval. Schedule of Value should include all major work activities and include labor and materials 2. 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 i applications 3. 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 RFPs 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. S. 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, I 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 i coordinate inspection times directly with inspection agency. i f D. Temporary Facilities and Controls I 1. Temporary utilities - General Contractor is responsible for all required temporary utilities (electrical, telephone, water, sewer and storm run off) Page 1 of 3 Exhibit B PARK & 4TH STREET PHASE TWO CITY OF BREMERTON GENERAL REQUIREMENTS EDA Award No 07 -01 -06590 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. S. 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 i 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. i 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 i operations. E. Product Requirements i L Product storage & handling - Products, materials and equipment incorporated j 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 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. S. 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 f 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). 7. Operation and maintenance data - At completion of job and prior to release of retention General Contractor to provide operation and maintenance manuals for Projea 8. Warranties - See contract for warranty language and duration. Page 2 of 3 Exhibit B PARK & 4'H STREET PHASE TWO CITY OF BREMERTON GENERAL REQUIREMENTS EDA Award No 07 -01 -06590 9. Project Record Documents - Provide record set of all drawings with noted changes. Provide final Change Order and contract modifications. Design build as- builts. i i i i t I I i s Page 3 of 3 ExInibit B i EXHIBIT D - Signed Form of Proposal Signed Form of Proposal: o Form of Proposal as attached here in was completed by Henderson Partners LLC. Unit Prices are to remain in effect through the end of the project. i i Exhibit D - Form of Proposal PARK 8 4 STREET —PHASE TWO FORM OF PROPOSAL CITY OF BREMERTON EDA Award No. 07 -01-06M Coy of Breon Bidder mert ye- nd�Y�a'� �arf rie�^5 �C�C'. Altrr Gary Sehcton S 345 e Street, Suhe SW -10. , Bmnertorc, Waah�QW 98337 PART 1- B10 PROPOSAL The �. �n9 ��+pY eocamined the Contract DoaaneMs entitled CiLi► of Brerrhorbon Allay Trenching and Improvements Brernerbon, Washington' as wag as the site of the proposed work, and being famillar with all of the conditions affecting the construction of the proposed project, hereby ptop0806 to furnish all tabor, materials and suppose and to construct the Project and perform all work as required by and In strict sccordenoe with the Contract Documents and all addenda at the prices stated below. ` 1.01 BASE HID The undersigned agrees to perform the Work described in and as modified by all addenda for the seen of Git/L 11&A1d RFD NL E ✓FN 7'f,� S�9ND � occR /la Nd �2E.� E 1,6,4h' sFVCV 60.w4,4?5 (Print Doi emourt In space above) (Do not Include Washington State Sales Tax) which an is hereby designated Base Bid. (Amount shall be shown in both words and figuuhss. In case of discrep M, the amount shown in words will govern.) 1.02 ALTERNATE BiDS and BID BREAK OUT (DO NOT INCLUDE WASHINGTON STATE SALES TAX) 1 nn work called for in the foibwing aMetnates as dew in the to The undersigned proposes perfo Contract Documents, for the suers which are to be added to or deducted from the Base Bid as follows. ALTERNATE No 1 Ereninete brick bands in alley, install concrete band with scored joint. BID BREAK OUT No.1 Provide costs included In Base Bid above to provide labor to ithstall PSE condLK vaults, core drills and support hangers. Cost are to include an mark ups (general conditions, fee, trrsuranoe and bond). � 1.08 UNiT PRICES (DO NOT INCLUDE WASHINGTON STATE SALTS TAX) UNiT PRICE No.1 - Per City Standards - Additional Knew fast of Ctty Abet 14'-W w1officluding gra nular fill under wa8c $ EB UNIT PRICE No. 2 - Provide and install back OR nhatarW $ ---- -° 1 13cy Page 1 of 6 ! PARK & 47H STREET — PHASE TWO j CITY OF BREMERTON FORM OF PROPOSAL EDA Award No 07 -01-06590 1.04 CONTRACT ! If the undersigned is notified of the acceptance of this proposal within sixty (60) days of the time set for 1 the operdrgl of bids, the undersigned agrees to execute a Contract for the above Work, for a compo waft computed from the above named surns. } 1.05 TIME OF COMPLETION i The undersigned hereby agrees to commence work under this Contract on or before a date to be specified in a written "Notice to Proceed, and to substantially complete the Work not later than Sixty (60) calendar days after the date of "Notice to Proceed ". Bidder has attached Prelimkwy Construction Schedule showing Construction Schedule 1.06 REINSTATEMENT OF UNACCEPTED ALTERNATES OR UNIT PRICES 3 The undersigned further agrees that the Owner shall have the right to reinstate, at the bid price, any alternate bid not Incorporated into the Contract if the Owner so notifies the Contractor within Mnety (90) calendar days after the algrning of the Contrail 1.09 ADDENDA Receipt of Addenda numbered through A / is hereby admoaledged Review of Nodoes on City Web site for this Project On date. i 1.10 ENCLOSURES WITH THE BID I A. Admowle4l9ment of Principal of Bidder Is signed and notertzed 'mss B. Completed EDA Lobbying Certifuntion (see Eaddelt C for form and instructions) i C. Aftidavit of Non-Collusion is signed and included herein. //.3�_Qu r"Acmh) - / r��fEY � arz`yi erS ,C.,LG'. Street or Building Address Lagal of awder IldtYdey, W 9 9 & d3.i; By ! I city, State, zip .253- S5/- 58 94 e m 6� Y Telephone Two "A1.6 State of Wntdngton Cortractoes Registration No. State of wnhi gton Worker's Comperiastion No. Page 2 oft PARK & e STREET — PHASE TWO CITY OF BRBNERTON FORM OF PROPOSAL EDA Award No. 07-01 -06590 (ACKNOWLEDGMENT OF PRINCIPAL OF BIDDER, IF A PARTNERSHIP) State of WitS/ii >74z�o ) ) SL County of A ,e re e, ) On this -1 7 day of= , 20 / before me personally came and appeared b me known, and known to me to be one of the members of the firm of, described in and who macuied the foregoing Netnenent, and he acknowledged to me that he executed the same as and for the act and deed of said firm i IN WITTRSS WHEREOF, I have heremato set my hand and affixed my official sea] the day and year first wriitea above. X 06 (Seal or Notary Sigoabire Pa V010, 0 .at v� a- /.� .L • G� /.�z�c n ,• e P rhwType ' Notary Public m and for the State of Washington, ty z OFW veo °� residingat A// ._yrA e I �pt6lEi0��� My appoiIIbAcit (ACKNOWLEDGMENT OF PRINCIPAL OF BIDDER, IF A SOLE PROPRIETORSHIP) State of ) ! ) ss' 3 County of ) On this day o , 20_ before me personally came and appeared to me i known. and known to me to be one of the members of the firm of, described In and who comMed the foregoing instrument, and he acknowledged to me that he executed the same as and for the act and deed of sald tirm. IN WTTNESS WFIEREOF, I have haeunto set my hand and affixed my official seal the day and year fast written above. (Seal or Stamp) Notary Signal = R*WTYpe Name Notary Public in acid for the State of Wes, residing at Myeviles i Page 4 of b I t t I f 7 R I M <r- ATMN1iEGMING LOBBYWG , (ibis Cad icod m is requimd to 31 US.C.13S2) l t 31es r . to dse bat of hie arLer bmled$e sad ! tip (1) No Fedml appvpied hmds lanne bom paid erwill be paid, by am behalf dthe amdamigoad, to anypamfor areftqftlo w offaxraremployaeafeayagswq ,aMamsberOf Con== an iorempboyeeefc onamm or= aa >gk*m oft MambaofDovpmiscomoeodom whb the awmodi� ofanyFederat the msivag of any Federal gaaa� the maTs3ag ofsgy Federal �, the � � �� � . sad the mrteaeiami, eoatiasm6en rma�rel, amrmdmad or modMoodw of anyFedud oomtmot g=34 look ar000pacefive agnammt. i (2) ff®y fsn6 odkw than Federal npproprbted 8mds have been paid ar wM be paid to ny pamom fbr hdhwwiAgwau=vfttobdkmwzn oramqloynsofmyapncy.a efCom,Xm%an of5oaroreadsloyee ofCa, araaemployee ofaMembarof iseormeotimwids this Fedaat eamtraa, gam, loan. ar coopedive agnaaneat; the trndnsigmed sba]1 oarapiaa sad sabarit � � Standard Faam -Id i.,'Dbal=m of I.obbftActlOes," is aomdwm wild ite hwncdoms. s (3) 7no w =*wd dmR regwW bast tine IoW of this oeatifwdicm be iabded is the cNad ; docommb fordlsobawards (tailtiara (iaabuftsnboofteds, smbSmak„ and oaatmaats radargreats, bones, and 000pr"ve ate) and *d all aabteci dub dwU oersify and &don a0000d'm*. t This aarP�aaiamis a m®gaiel mpaa en of feat whirls mliaaoe was pbmdv&ee tidy ftem ioa wo mobacdmadiolo. Submudmofft oadficdm hapaaegaidbe othis bzonctiem impmd by aecf m 1352. titbe3l, U.S. Code. Aw p�who 5dlo iD 51e lbasegoaoed cmtlScatbamahtllbe ttd�ecttoaolvr�pmabtyofaatIaa tlrom$10,000 amdmtmaoe thaa$1o0�00 for cads amh t9dimia i The,mda<aigoedstetes. to the best of hla ar her lmaWledge sad belief, Hsap timds bm bees pall ar wM be paid to any pemem fir ar 5dIMPtimg to hK&Mnoa an ormw 4w wxvt% aebfaayagency, aMamberofCon, press.asafterar=pbymofC=xmskoran employee ofsM=bW4ofC=W= in oamaeatiam with this aamt n&Mat povvidiag fir the halted State to hmn ar g matt a bas. ft " oo *ft aadsubmut scaadetd Font- "'Madaamre efLvbbft Adirltiea." in aoomdmm with its imtna&ns. &rbmbdm of ft stebst is a prmegadsita far makivg ar eataiag into ft braoamC imposed by secd=1352, No 31. U.L Code. Asypeaom adlo fails to file the toqub d MW=ut dmU be abject tc a civil pewhy ofantlass dm $10,000 acid not 1 than S1oopm for cadsmwhhomm Ilknmzarso» 1ogc.rzrr er5 44d, 0 7 - 0/ - 04 " ORGANZAIION AWARD1NtIldl13 DAIS I �� �� C° PARK & 4 STREET — PHASE TWO CITY OF BREMERTON FORM OF PROPOSAL EDA Award No. 07-41 -06580 AFFIDAVIT OF NON - COLLUSION State of Washington ) • ) ss County of )Ol re-e, ) being duly swom, 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 hanself, or to any other person, an advantage over any other Bidder or Bidders Sign Hem Age ' 1-4( I ' (C e � I i `IYJe7n i { Mile) i (SEAL, IF INCORPORATED) j Subscribed end sworn to before me this a 7 day of ee rx be Y 20L /, /, , ` OUse , , p Notary Public in and for the State of Washington, residing at /9i /fin" W-4 �ON Bfdt 1 201 ®R : (This Affidavit properly executed must accompany all proposals) �� tfiilt I 1 Page S of 6 ' i PARK & 4 TH STREET — PHASE TWO CITY OF BREMERTON FORM OF PROPOSAL FDA Award No. 07 -01 -06590 PART 11- BID PROPOSAL U13101111= Listma j t , Per RCW 39.30.060 Bids on Public Works — Subcontractors must be Identified when Every invtailm to bid on a contract that is expected to cod one miliin dollars ($1, 000,000.00) or more for the construction, alteration, or repair of any public building or public work of the slate or a stab agency or municipality as defined under RCW 39.04. 010 ... shall require each bidder to submit as part of the bid, or within one (1) hour j after the published bid submittal time. the names of the subcontractors with whom the bidder, V awarded the contract, will subcontract for performance of the work of heating, ventilation and air conditioning, plumbing as described In chapter 18106 RCW, and electrical as describe In chapter 1928 RCW, or to name itself for the work The bidder shad not list more then one(1) subcontractor for each category of work identified, unless subcontractors vary YAM bid alternates, In which case the bidder must indcate which i subcontractor will be used for which alternate. Failure of the bidder to submit as part of the bid the names of such subcontractors or to name itself to perform such work , or the naming of two or more subcontractors to perform the same work shall render the bidders bid non - responsive and, therefore, vad .. . Fhm Name Designated Work 1) 2) 3) i 4) i I b (Please Print Name) Ale We) -6o71 Ax--Z ers Name of BlddedFmrtn Submitting Bid (Please Print) END OF FORM OF PROPOSAL i Page 6 of 6 I AGENDA BILL CITY OF BREMERTON SA CITY COUNCIL ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee s , SUBJECT: Construction contract with Study Session Date 12/14/2011 *,6&r Park Avenue Plaza 4" COUNCIL MEETING Date 1/04/2011 Street West surface improvements as part of Department Executive the Park Avenue Plaza Phase II project Presenter Gary Sexton Phone 360- 981 -1025 SUMMARY: This public works construction contract is for Park Avenue Plaza Fourth Street West surface improvements in front of the parking garage, theater and Untied Way including sidewalks, curbs, planting strips, lighting, street resurfacing and stairs ATTACHMENTS: Bid package including sample contract FISCAL IMPACTS (Include Budgeted Amount) The estimated contract amount of $400,000 00 is budgeted in the new Fund 306 Park Plaza Phase II APPROVALS: DEPARTMENT DIRECTOR ` '( CITY ATTORNEY FINANCE DIRECTOR _- MAYOR RECOMMENDED MOTION: SD Move to approve the Park Avenue Plaza Fourth Street West improvement construction contract with d authorize the Mayor to finalize and execute the agreement with substantially the s me terms and conditions as presented STUDY SESSION ACTION: ❑ Consent Agenda EgGeneral B mess Js El Public Hearing COUNCIL PRESIDENT - COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 CITY OF BREMERTON BID TABULATION BID TITLE 4TH Street Improvements OPENED BY Bryan Fyall DATE OPENED 12/27/11 TIME OPENED 1 00 m RECORDED BY P Shannon Corin NAME OF BIDDER BID ALTERNATE ALTERNATE ALTERNATE UNIT UNIT UNIT (W /OUT SALES TAX) 1 2 3 ie V PRICE 1 PRICE 2 PRICE 3 �f?��C�'n �r�►erS � a9�o �// 97 3 ��� �3c� ;� .� �� 1� ��8 �F `�23 � �' fives 157W I55 5 fzi /-I �- SUMMARY TOTAL BID COMMENTS A ARENT LOW BIDDER c- t/ '45�ea —�, ENGINEER ESTIMATE (INC SALES TAX) $650,000.00 SECOND LOW RIMER BIDDER e I 4m Street Improvements (western portion) CITY OF BREMERTON TABLE OF CONTENTS EDA Award 07 -01 -06590 Project: 4th Street Improvements (west portion), Bremerton, Washington. 1. EXHIBIT 0 - Bidding Information • Invitation to Bid • Instruction to Bidders • Scope of Work • Public Works Agreement 2. EXHIBIT A - Construction Documents i 3. EXHIBIT B - General Requirements j 4. EXHIBIT C - EDA Requirements 5. EXHIBIT D - Form of Proposal I i i t t f Page I of I { i PARK & 4m STREET - PHASE TWO CITY OF BREMERTON EDA Award 07 -01 -06590 INVITATION TO BID INVITATION TO BID BREMERTON "PARK & 4Tg STREET - PHASE TWO 4th STREET IMPROVEMENTS - WESTERN PORTION, BREMERTON, WASHINGTON Bremerton, Washington Blds Due 27 December 2011 City of Bremerton, will receive sealed bids for the 4* Street Improvements - western portion, Bremerton. WA 98337 The southern 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 4m Street Improvements - Western Portion City of Bremerton will receive bids Finance Department 34S 6 1 h Street, Suite 600 Bremerton, WA 98337 until 100 PM 27 December 2011. The bids will be opened and publicly read aloud immediately following i i 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 Lime will not be accepted It is the sole responsibility of Bidders to deliver i their bid to the designated place at the designated time. Oral, telephonic, faxed or emaded bids are invalid and will not receive consideration Contractors may obtain Bidding and Contract Documents by. • Emailing Brian Fyall @ brian0loraxgartners com or viewing posted document on City of Bremerton web site www.ci breme► on 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. i i Page 1 of 1 1 i PARK & 4 1° STREET PHASE TWO CITY OF BREN ERTON INSTRUCTION TO BIDDERS EDA Award No. 07-01 -06590 101 BIDDERS' REGISTRATION All Bidders must be registered by the Washington State Department of Labor and Industries in accordance with RCW 18 27 020 1 02 EXPLANATION TO PROSPECTIVE BIDDERS Any prospective Bidder desiring any explanation or interpretation of the Bidding and Contract document must request such explanation and/or clanfic ation in writing by emailing Brian Fyall at bnariftoraxoamters com responses to questions will be posted on City of Bremerton website (WMM.ci- bremerton wa us under'Public Notices and News') Any information given a prospective Bidder concerning these documents will be furnished via website to all other prospective Bidders as an Addendum to the Solicitation Oral explanations or instructions given before the award of a contract will not be binding 103 PREPARATION OF BIDS - CONSTRUCTION A Bids must be 1 Submitted on the forms furnished by Owner or on copies of those forms, and 2 Manually signed in ink over the printed or typed name and title of the signatory The person signing a Bid must initial each erasure or change appearing on any Bid Form B The Bid Form will require Bidders to submit paces for one (1) or more items on various bases, including 1 Lump sum bidding, j 2 Alternate prices, j 3 Unit prices The Owner is not obligated to accept or use unit prices and may choose to negotiate for specific amounts during construction C The solicitation requires bidding on all items, failure to do so may disqualify the Bid D Alternate Bids will not be considered unless this solicitation authorizes such submission i E Except as otherwise provided herein, proposals which are incomplete, or which are conditioned in any way, or which contain erasures, alterations or items not called for in the Form of Bid, or which are not in conformity with the law, may be rejected as informal or non responsive F The Bid Form invites Bids on definite Drawings and Specifications Only the amounts and information asked for on the Form of Bid will be considered as the Bid Each Bidder shall bid upon the work exactly as specified and as provided in the Form of Bid. 104 LAWS AND REGULATIONS Page 1 of 6 i PARK & O STREET PHASE TWO CITY OF BREMERTON INSTRUCTION TO BIDDERS EDA Award No 07 -01 -06590 A The Bidder is assumed to be familiar with all federal, state, county and local laws and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used in the proposed construction, or which in any way affect the conduct of the Work, and no pleas of misunderstanding will be considered on account of ignorance thereof If the Bidder shall discover any provision in the Drawings, Specifications and/or Contract which is contrary to or inconsistent with any law or regulation, the Bidder shall forthwith report it 105 BONDS A. Bid Guarantee is not required See Standard Construction Agreement Item # 3 A for Performance Bond Requirements B Unless otherwise specified in the Bid, the Bidder will 1 Allow ten (10) days for acceptance of its Bid and Schedule, and 2 Submit executed Contract, insurance Certificate and Performance Bonds within five (5) days after receipt of the forms from the Owner If the successful Bidder, upon acceptance of its Bid by the Owner within the period specified for acceptance, fads to execute all contractual documents or give Bidding and Contract bond(s) and insurance as required by the document within the time specified, the Owner may terminate the Contract for default. 106 ACKNOWLEDGMENT OF ADDENDA, QUESTION & ANSWERS, AND COMPLETENESS OF DOCUMENTS A. Bidders shall acknowledge receipt of any Addenda by identifying the Addendum Number in the space provided for this purpose on the bid form. B. Bidders shall acknowledge receipt of an g p y posted 'Questions and Answers' on the City Website, provided date & time of receipt. C The Bidder shall verify that all documents supplied by the Owner, and upon which the Bidder is basing the Bidder's Bid, are full and complete with no missing pages, sheets or unintentional blank spaces Submittal of a Bid indicates the Bidder has verified that the Bidder has obtained all Owner - supplied Contract Documents No claim for additional work due to missing bid information will be allowed 107 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK A The Contractor acknowledges that the Contractor has taken all steps necessary to ascertain the nature and location of the Work and that the Contractor has investigated and is satisfied as to the general and local conditions which can affect the work or its cost, including but not limited to 1 Conditions bearing upon transportation, disposal, handling and storage of materials, Page 2 of 6 PARK & 4 t° STREET PHASE Two CITY OF BREMERTON INSTRUCTION TO BIDDERS EDA Award No. 07 -01 -06590 2 The availability of labor, water, electric power and roads; 3 Uncertainties of weather, river stages, tides or similar physical conditions at the site, 4 The conformation and conditions of the ground, and 5 The character of equipment and facilities needed preliminary to and during work performance The Contractor also acknowledges that it has satisfied itself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory worts done by the Owner, as well as from the Drawings and Specifications made a part of this Contract Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the Work, or for proceeding to successfully perform the Work without additional expense to the Owner B The Owner assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Owner Nor does the Owner assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this Contract, unless that understanding or representation Is expressly stated in this Contract. 108 TAXES The Contract Sum and any agreed variations thereof shall Include all taxes imposed by law, but no State Sales Tax Sales Tax will be collected if applicable from the Owner and will be paid to the State by the Contractor in conformance with the law Contractor shall furnish proof of payment of State Sales Tax required by law 109 CONTRACT AWARD A. The Owner will evaluate all Bids submitted to deterrnine the lowest and best Bid The Bidder must be qualified by experience, financing and equipment to do the work called for in the Plans and Specifications Whenever required by the Owner, the Bidder shall furnish a statement of Bidder's construction experience, financial resources and general ability to perform the work contemplated Owner shall have the right to take such action as Owner may deem necessary in determining the ability of the Bidder to perform the Work satisfactorily B Owner may reject any or all Bids and waive informalities or minor irregularities in Bids received i C Owner may accept any item or combination of items unless doing so is precluded by a restrictive limitation in the Bid Page 3 of 6 i PARK & 0 STREET PHASE TWO CITY OF BREMERTON INSTRUCTION TO BIDDERS EDA Award No. 07 -01 -06590 D Owner shall not enter into a Contract for Public Work with any person or entity who, within two (2) years prior to this Bid Opening shall have abandoned, surrendered or failed to complete any such Public Works Contract. 110 SUBMISSION OF BIDS A Bids and Bid Modifications shall be submitted in sealed envelopes or packages addressed to City of Bremerton Attn Finance Department 345 6'" Street, Suite 600 Bremerton, WA 98337 The outside of the sealed envelope/package shall be dearly marked to indicate the time specified for receipt thereof, the title of the project and the name and address of the Bidder B Telegraphic and /or Faxed bids will not be considered. 1 11 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF BIDS A Any Bid, modification or withdrawal of a Bid which is received after the exact time specified for receipt will not be considered B The only acceptable evidence to establish the time of receipt at the office designated in the Solicitation is the time /date stamped or printed by the Owner on the Bid wrapper or other documentary evidence of receipt maintained by Owner C A modification of the successful low Bid that makes its terms more favorable to the Owner will be considered at any time 4 is received and may be accepted D Bids already received may be modified by written, telegraphic or faxed notice if such notice is received by the time specified for receipt of Bids Telegraphic or Faxed notice shall be confirmed in writing on the stationery of the Contractor and this confirming letter shall be postmarked by a date and time prior to the Bid Opening i E At any time prior to the scheduled closing time for receipt of Bids, any Bidder may withdraw its Bid, either personally or by telegraphic, Faxed or wntten request. After the scheduled closing time for the receipt of Bids or before the award of the Contract, no Bidder will be permitted to withdraw its Bid unless said award is delayed for a period exceeding sixty (60) days F If it becomes necessary for the Bidder to claim error, the Bidder must do so prior to 5 00 PM the next business day following the Bid Opening The Bidder must submit complete documents that show the error is mathematical or clerical in nature and not a misjudgment of the scope of work and Bid Documents Such a claim of error will preclude Bidder from rebidding the project in the event the Owner has no responsive Bids remaining within the funds available and must re- advertise for Bids The Owner may assess damages against Bidder so claiming error 112 SUBSTITUTIONS AND APPROVAL PRIOR TO RECEIPT OF BIDS Page 4 of 6 PARK & 4" STREET PHASE TWO CITY OF BREMERTON INSTRUCTION TO BIDDERS EDA Award No. 07 -01 -06590 A Bids must be based on the specific articles and materials named on the Contract Documents or their approved equals B During the bidding period, written requests for approval of substitutions by prune bidders will be considered if received by Brian Fyall via email not later than two (2) calendar days prior to the date of Bid Opening Such requests shall be accompanied by complete descriptions, technical data and documentary evidence that the proposed substitution is equal to, or better than, those articles or materials specified Owner reserves the right to request that samples be submitted and satisfactory demonstrations be made for the proposed substdubons prior to approval C Approval of proposed substitutions will be made by Addenda Proposed substitutions not so listed shall be considered having been rejected 1 13 OPENING OF BIDS A At the bme and place set for the opening and reading of Bids, each and every proposal (except ' those which may have been withdrawn), received prior to the scheduled closing time for receipt of proposals will be publicly opened and read aloud, irrespective of any irregulanties or informalities in such proposals 114 PUBLIC WORKS LAWS AND PREVAILING WAGE REQUIREMENTS A All Public Works Contracts are subject to the provisions of Titles 36, 39, 40, 48, 49, 50, 51 and 60, RCW, as they pertain to Public Works Employment and Wages in the political subdivisions of the State of Washington In addition wages must confirm to Davis -Bacon rates 1 15 AUTHORIZED AGENTS AND SIGNATURES A Signatures 1 Proprietorship If a sole proprietorship (even though the words "and Company" appear), the person should name him/herself as owner Example John Doe, d/b /a John Doe Company 2 Partnership. If the Contractor is a partnership, the Managing Partner should sign, describing him /herself as such 3 Corporation If the Contractor is a corporation, a signature for the corporation by the president (or equivalent) and by the secretary (or equivalent), describing themselves as such, plus imprint of the corporate seal, will be presumed sufficient If the corporation has a resolution or by -laws authorizing some other signature, a copy of the resolubon or by -laws should be submitted with the offer One of the two signatures shall be notarized by a Notary Public. Page 5 of 6 PARK & 4` STREET PHASE TWO CITY OF BREN ERTON INSTRUCTION TO BIDDERS EDA Award No 07-01 -06590 Bonds The persons signing for the corporation must sign both the Agreement and the Bonds The seal of the bonding company is required on the Performance Bond and Payment Bond B Attomey- In- Fact/Seal 1 The surety should be bound by an attomey -in -fact, preferably a resident of Kng County, Washington, but certainly of the State of Washington 2 The seal of the bonding company is required on the performance Bond 1 16 TERMINATION PRIOR TO CONTRACT SIGNING The Bidders are advised that Owner reserves the right to choose not to award the Contract u to the time the Owner signs the Agreement, including after the Notice of Intent to Award has been In submitting the Bid, the Bidder agrees such termination will not result in any claims or causes of action for costs or damages by the Bidders against the Owner I END OF SECTION i I I I I I I j I Page 6 of 6 PARK & 4TH STREET - PHASE TWO CITY OF BREMERTON SCOPE OF WORK EDA Award No. 07 -01 -06590 4 Street Improvements - western portion - Scope of Work. i 1. Procure City Right -of -Way permit for work noted herein. Permit Type required is Type B. Include all fees, bonds and associated charges to secure i permit. Two -way traffic flow on 4m Street must be maintained at all times, unless approved by City's Special Project Administrator Pedestrian access along north sidewalk of 4th Street must be maintained at all times. 2. Provide all materials, labor and equipment for improvements as noted on Exhibit A - Contract Documents. 3 Additional contractors will be performing work in the area of construction. j Contractors working in this area may include: Park Ave Improvements (intersection at 4m and Park); Park Ave Parking Garage (project on the south side of 0); SeeFilm cinema project (located on Park Ave Parking Garage); United Way building renovation and tenant improvements (project on south side of 4th Street); 4 Street trenching for electrical utilities (work between Park and 4m Street intersection and east face of United Way Building) Weekly meetings will be held with this group of Contractors to coordinate construction activities to minimize conflicts. I i i z s , i i ! I Page 1 of 1 PUBLIC WORKS AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ( "City"), and South Bay Excavating. Inc ( "Contractor "), whose mailing address is 1333 Maple Valley Road. Olympia WA 98512 The parties agree as follows 1. CONTRACTOR SERVICES. The Contractor shall perform the following Scope of Services for the City A Procure City Right -of -Way permit for work noted herein Permit Type required is Type B Include all fees, bonds and associated charges to secure permit. Two -way traffic flow on 4th Street must be maintained at all times, unless approved by City's Special Project Administrator Pedestrian access along north sidewalk of 4th Street must be maintained at all times. B Provide all materials, labor and equipment for improvements as noted on Exhibit A - Contract Documents C Additional contractors will be performing work in the area of construction Contractors working in this area may include: - Park Ave Improvements (intersection at 4th and Park), Park Ave Parking Garage (project on the south side of 4 SeeFilm cinema project (located on Park Ave Parking Garage), United Way building renovation and tenant improvements (project on south side of 4th Street), 4th Street trenching for electrical utilities (work between Park and 4th Street intersection and east face of United Way Building). Weekly meetings will be held with this group of Contractors to coordinate construction activities to minimize conflicts 2. TIME OF COMPLETION. Contractor shall complete the work within 60 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 $ Three hundred eighty six thousand five hundred dollars ($386,250 00), sales tax if applicable is not included Contract amount is base bid of $383,500 plus Alternate # 3 — Add seasoning lighting of $3,000 plus Alternate # 4 credit of $250 00 for a total of $386,250 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 Exhibit D has itemized Alternate Bids and Unit Prices Unit Prices shall remain in effect through the duration of the project Alternate Bids may be accepted any time prior to approval of shop drawings 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 Page 1 of 6 Agreement — 4` Street (western) — South Bay EDA Award 07 -01 -06590 I Department of Labor and Industries and until settlement of any liens filed under Chapter 60 28 RCW, whichever is later B Retainaee The City shall hold back a retamage 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 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 at the convenience of the City 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 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 Special Project Administrator 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 Page 2 of 6 Agreement — 4 ` Street (western) — South Bay EDA Award 07 -01 -06590 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 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 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 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, ansing 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 ansing 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 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 protect described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing Page 3 of 6 Agreement — 4 ` Street (western) — South Bay EDA Award 07 -01 -06590 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 operationsibroad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's liability C Endorsements in accordance with Right of Way permits Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor 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 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 Page 4 of 6 Agreement — 4 ` Street (western) — South Bay EDA Award 07 -01 -06590 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 Attorney's Fees To the extent not inconsistent with RCW 39 04 240, in any claim or lawsuit for damages ansing 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. Page 5 of 6 Agreement — 4 ` Street (western) — South Bay EDA Award 07 -01 -06590 Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail L Archaeological or historic materials NOTICE If archaeological or historic materials are discovered during project activities, work in the immediate vicinity shall stop, the area shall be secured, and the EDA, State Historic Preservation Officer, and Tribal Historic Preservation Officers of the Suquamish, Squaxin Island, and Skokomish Tribes shall be notified EXHIBITS — Attached herein — • EXHIBIT A — Construction Documents • EXHIBIT B — General Requirements • EXHIBIT C — EDA Requirements • EXHIBIT D — Signed Form of Proposal 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 South Bay Excavating, Inc Atten Gary Sexton 1333 Maple Valley Road 345 6` Street, Suite 600 Olympia, WA 98512 Bremerton, WA 98337 (360) 866 -4454 (360) 981 -1025 (360) (facsimile) Page 6 of 6 Agreement — 4` Street (western) — South Bay EDA Award 07 -01 -06590 E MIBIT A - Construction Documents Bulteeb design documents dated 11 -23 -11 unless other wise noted below: o CO - Cover sheet (Revision # 1- 12- 22 -11); • CIA - General Notes (Revision # 1- 12- 22 -11); • C2.0 - Site Preparation and TESC Plan (Revision # 1- 12- 22 -11); , • C3.0 - Paving, Drainage and Channelization Plan (Revision # 1- 12- 22 -11); • C4.0 - Grading Plan; • CS.O - Landscape and irrigation plan (Revision # 1- 12- 22 -11); • C6.0 - Illumination and Electrical Plan (Revision # 1- 12- 22 -11); • C7.0 - Details (Revision # 1- 12- 22 -11); • C8.0 - Stairway Details • C9.0 - Coffee shop seating area details. I Addendum # 1 Issued 1 December 2011 Addendum # 2 Issued 7 December 2011 Addendum # 3 Issued 13 December 2011 I Addendum # 4 Issued 22 December 2011 i t i i I i F I I I I Exhibit A - Title Page i i - !� P i p a il V) s tt s w P � PT1 1r•. .�.., I �1 � Apo ;;o ) -� < F C/) NOR i ee r � L/ py �— - gig Z rNMM M L C) CRY aMNARuaasw- c m •s•It•eh EPA MW sEE�'-OM i R : ! " !e a a ,° R i Rap � R F B i i 'r R i i i ! c � ! ■ ■ • f ■ ■ " Rid a ll ; ! \R 1 4 0 � � .! _ MY aF t INI BEET - c x . i Nff= Na ff_ol_M v 1" I� ® 00 1 iJ e F 8 a 4 4 5 g r q - F Ag e PROACTUmnj +e •It•sh h �yy y afta.� IN 000-14-10 *ON WIN vu NYU MUMM0040 MN VOID VON wimm MM 0 'INN d .Id o 41 ! d 9 d g I e� q e R 8 � a i9 gg�gg lis t � A d d OAA a l l 1 d If ¢_ •+• a B � ! ! Ii � �Q- aid d d• -� -- - ! !!! �� RBi ■g � ! i i a ! . y304 •iii f wm goo o Qn NC 1 e pN _ • ' PAR gla 1 -- R 1. - d R3 Rl S ad r d R' H q i d � ff aTsir� f o i • �r — — � e3 y r' p � �j v ax ht ad 4 px xro s �d W4, a #r � d ad � R lei �+ w ^1 70 ad_ - - - -- �• m. I 1 s I 1 t 1 � i Bo reRsrr - Y w9* w r L lip I . pp o a g l 'r i Y s I d X 11 B FI ; i CRT w. m wom gnaw W WIDOW WK AND 0 1R •xaIt0c6 to asm -10-LO *ON Gam Mm g a i j • x i WW MOM aw M01lvllla170 � o _ a co a d do HI I d d I �' 0 � ■ ■e � ■ ■ ■e tg �� g � i� e� s a� e • , w �9 C a i f ill P d a a a " _ f i a a IF oa rids m ®wrsot lo = r m " Lt OZ am D fir{[ ^ '�' y � y "� • /11t am 00 � rAm ar aa. r 1 C A A rm " w i a.sanra. ra woo o'Arnsr " �r.amw rarmaoc mi =•, .avr --IL9vs won '�a i r arms om.sor NOTMN A-A d ou mmxmmoa o or rl. r roar PIaaY rA D 9= � �.mo. oa.ssar u.ra w rti « n aw rw aarrmm� w� ar « .,W .r (W, t •off r aummAMX . e M UM" i oaruiemiC ww Ymllr. MO IIaa10 .a0i. D w.c . O r r .osr .smr um cm psumnR►'°1O® trarm mart s ;p— ' r� mom Corr Ord .� a � am T • � .. r�.rm Iall s p= TV= aus -�i a�ra"° +r�oa ary � � A �� ij� ME MOWN" GCOJWG DUAL A &= .noia� rw[ � ass r� • a �� � ra ®� r ra ffi �v.a. o. as�oau m► .r m od V _ _ FESTOON Ua nw ffin W ED mum" am � �~ am ar w�ra m.asrr C7.0 T lie 44 Tril On r a 4 E f r AL lip RIP a� 51 Igo P1 Ji .01 1 1 11. us lip r ti $ !! � 9g ■ # tl • s-r�. mw � r: B r.�arm P - ' r O oo ps ! i 10 an a �c�aasr�r -nano ono a: mid N� " am c SYAWAY KrAU ! "�" PA NAM NM 07 -01-OM � 0063 a - a amof • SPtar -WE a oaf r 0 W mow= Afr 9a In Wahl M AAl � �w av 101� - fna A as as aW ss��is• MQ1 - M A Al OOM �efn - a du i1 ar� �i °a i�s r iio r w ` ;C a as t setrs�awm r . rsn - gums et 9 w � us a saaradi : f►s a Boa am OUL emu saw m m awn @A Am riots nors�a ss swn .N► AA ' ^ rao +as fAf� Qf aota aft sa MV m rm �o sstu w e ba wts"�°a°adn a ast an al rr .s/t s ■ I .a i .a� as a1 °D i sm m 'fo.ah t M OW= <m a am wm OrfO anaa !aW .t/� ti •i/� e A 2 WO . emu m aaoo v - t • �'t / • MOp�Jfp�� •ot — am 91 (u P r ■ � �11w 1� )7 � 710� a4B1 711m S W n s NEW I mm a m Cm V2 cmi amm., oa`:�s PARK & 4TH STREET - PHASE TWO ADDENDUM # 1 CITY OF BREMERTON 4TH STREET IMPROVEMENTS (WESTERN PORTION) EDA Award No. 07 -01 -06590 ADDENDUM # 1- ISSUED 1 DECEMBER 2011 A. Replace 'Public Works Agreement with attached revised Agreement Page numbers changed and added to paragraph 12 L Archaeological or historic materials. Page 1 of I Ar i PARK & 4 7 H STREET - PHASE TWO ADDENDUM # 2 CITY OF BREMERTON 4TH STREET IMPROVEMENTS (WESTERN) EDA Award No. 07 -01 -06590 ADDENDUM # 2 - ISSUED 7 DECEMBER 2011 A Question from bidder'Exhibit A plans are difficult to read, can you post on website true scale pdf s?'. Response - See attached documents: o Exeltech Consulting design drawings dated 11- 23 -i1. B. Question from plan center'Do you have a list of plan holdersr. Response - No there is not a plan holders list. C. Question from plan center'Do you have a estimate of project costsr. Response - 4m Street improvements (western) estimate $650,000.00. Page 1 of 1 PARK A 4TH STREET - PHASE TWO ADDENDUM # 3 CITY OF BREMERTON 4TH STREET IMPROVEMENTS (WESTERN) EDA Award No. 07-01 -06590 ADDENDUM # 3 - ISSUED 13 DECEMBER 2011 A. Question from bidder'Exhibit A plans are difficult to read, can you post on website true scale pdfs? . Plans issued in Addendum # 2 were the Incorrect documents. Response - See fteltech Consulting design drawings dated 11 -23 -11 attached i i i Page 1 of 1 i PARK & 4TH STREET - PHASE TWO -1 ,- ADDENDUM # 4 CITY OF BREMERTON 41 h STREET IMPROVEMENTS (WESTERN) EDA Award No. 07 -01 -06590 ADDENDUM # 4 - ISSUED 22 DECEMBER 2011 1- UPDATE EXHIBIT A PER ATTACHED DOCUMENT INCLUDING REVISED DRAWINGS 2. UPDATE BID FORM' PER ATTACHED (EXHIBIT D). r i i i i Page 1 of 1 i i I i EXHIBIT B - General Requirements i General Requirements: o 3 pages I i I Exhibit B - Tide Page I PARK & 4= STREET PHASE TWO CITY OF BREMERTON GENERAL REQUIREMENTS EDA Award No 07 -01 -06590 General Requirements: A. Price and Payment Procedures: L 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. 2. 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. 3. 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. i 4. Communications - Address all RFrs and Submittal to Brian Fyall. RFI's to be numbered consecutive, assume two week turn around for all RFrs. S. 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, i 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. i 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) 1 Page 1 of 3 Exhibit B i i i PARK & 4TH STREET PHASE TWO CITY OF BREMERTON GENERAL REQUIREMENTS EDA Award No 07- 01 -06S90 I 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 S. 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 harmfid 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 fleld 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 9S% for salvage / recycle. S. 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.& final clean, operation and maintenance data, warranty). 7. Operation and maintenance data - At completion of job and prior to release of retention General Contractor to provide operation and maintenance manuals for project 8. Warranties - See contract for warranty language and duration Page 2 of 3 ExhiU B i I PARK & 4TH STREET PHASE TWO CITY OF BREMERTON GENERAL REQUIREMENTS EDA Award No 07 -01 -06590 9. Project Record Documents - Provide record set of all drawings with noted changes. Provide final Change Order and contract modifications. Design build as. builts. r Page 3 of 3 Exhibit g i EMIT D - Form of Proposal Signed Form of proposal: o Form of Proposal as completed by South gay Excavating Inc. including Alternates and Unit Prices. Unit Prices to remain in effect through completion of project i I Exhibit D - Form of Proposal PARK 8 47" 8TREET — PHASE TWO CITY OF BREMERTON FORM OF PROPOSAL EDA Award No. 07-01-OSM City of Bremerton ewer So�►�1n Btaa E,ccr� v a ,�� it 348 B��B Str+eK Suite 800 +. Washington 98337 Dab t'L- '�.1 -11 PART 1 • BID PROPOSAL The urdersigned, having carefully ommined the Con"d Documents erWW - Cfy► of Brernerten 0 Sfreet Improvomerda (Wedern half) Bremertw% Washington' as well as the site of the proposed work and being famBar with all of the conditions aflec4ing the construction of the proposed projec% hereby proposes to furnish all labor, materials and sul3plles and to construct the Project and perform all work as required by and In strict accordance with the Contract Documents and all addenda at the prices stated below. 1.01 BASE BID The undersigned agrees to perform the Work described In and as modified by all addenda for the scan of ' ="&A. &A. W , iaV4,o l f UTV `r• dag s -r%4e t 1#, .n rs w to _" .. in (Print Dollar ambunt In space above) (Do not Include Washington State Sales Tax) JV which sum is hereby designated Base Bid. (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words wig govern.) 1.02 ALTERNATE 8I08 (DO NOT INCLUDE WASHINGTON STATE SALES TAX) The undersigned proposes to perform work called for In the following alternates as described in the Contrad Documents. for the sums which are to be added to or deducted from the Base Bid as follows- ALTERNATE No. 1 — InsW asphalt paving In lieu of concrete paving at parldng areas each side of 4 Bluest. $ a (add 1 deduct) ALTERNATE No. T — Delete festoon lighting poles. festoon Ifglrts, festoon power correction, change ' modified street pole to accept festoon lighting to standard Bremerton street light pole. S ' ODD (deduct} ALTERNATE No. 3 — Add at all trees 120 volt power for Season lighting. Include power distrubutbn, oum* support structure. $ 3 (add) Page 1 of 7 i i PARK & 4 STREET — PHASE TWO CITY OF BREMERTON FORM OF PROPOSAL EDA Award No. 07 -01 -08590 ALTERNATE No. 4 — Change width of drive entries on south side from 20'4' width to 17-0' width. See CS.O. Change 'STA. 53 +83.43' to 'STA. 53 +87.43'. Change 'STA 54 +15.43' to 'STA 54+11.43'. Change 'STA 54 +23.43' to 'STA 54 +27.43. Change 'STA 54+55.43' to 'STA 54+51.43. Increase landscape area on each side of drive aisle. $ 2..50.00 (add ) 103 UNIT PRICES (DO NOT INCLUDE WASHINGTON STATE SALES TAX) UNIT PRICE No.1 Per City Standards • Additional tinsal feet of City Sidewalk f'4' wide bwkx brg granular IN under walk S 40-00/ UNIT PRICE No. 2 Per City Standards - Additional lineal Meet of mb and gutter including granular 9 under curb and gutter $ 2. g 0a ! LF UNIT PRICE No. 3 Per City Standards — Additional square feet of landscape pavers Include sand beddng, crushed gravel bass, g00-textile fabric, dean crushed gravel per detail S SF 1.04 CONTRACT K the undersigned is notified of the acceptance of this proposal within sixty (80) days of the time set for the opening of bids, the undersigned agrees to execute a Contract for the above Work, for a compensation computed from the above named sums. 1.05 TIME OF COMPLETION The undersigned hereby agrees to commence worts under this Contract on or before a date to be specilled in a written 'Nodoe to Proceed', and to substantially complete the Work not later than Sixty (80) calendar days after the date of "Notice to Proceed'. Bidder has attec hed Preliminary Construction Schedule showing Construction Schedule 106 REINSTATEMENT OF UNACCEPTED ALTERNATES OR UNIT PRICES ' The undersigned further agrees that the Owner shell have the right to reinstate, at the bid price, any i stomata bid not Incorporated irtto the Contract if the Owner so rxftles the Contractor within ninety (90) calendar days after the signing of the Contract. 1.09 ADDENDA Receipt of Addenda numbered through ._ is hereby acknowledged. Review of Notices on City Web site for this Project thN Ly LfO date 1 10 ENCLOSURES WITH THE BID A Acknowledgment of Principal of Bidder Is signed and notarized S. Completed EDA Lobbying Cwdkatlon (see Exhibit C for form and Instructions) C. Affidavit of Non - Collusion Is signed and included herein. Page 2 of 7 PARK & 4 STREET — PHASE TWO CITY OF BREMERTON FORM OF PROPOSAL EDA Award No. 07 -01-06590 liss Vayle yo►1K Ttl gyp, 0}1.,�,1nc. Street or Building Address Legal na of Bkf r o1 gia,,�,.p CISS B City- ti. Zip 31 so- %Lbuk-`�ysy Dresilr� Telel r Tme Saw 1.1 AE 131M state of Washington Contractors Registration No. SIR AS state of Washington Workers Compensation No. cl t . I aaS LAOL Federal Tax ID No. (ACKNOWLEDGMENT OF PRINCIPAL OF BIDDER, IF A CORPORATION) state Of -W ASIn; tna t" olf l ) County of _ S t0la j as: ' On this day of !V20Jj before me personally corns and appeared J I M �t I� �r� t known tome. who being by me duly swum, did depose apd say that he resides at 1 ; 13 hda V It w rid CW _n 1 u M0jfad(, OW he Is the p 1'iCS dent of the corporation described in and which wtocwted the foregoing Instrument; that he knows the seal of said � corporation: that one of the impressions affixed to salt Instrument is an impression of such seal; that it was so affixed by order of the directors of said corporation; and that he signed his name mereb by like order. i IN WTTNESS WHEREOF, I have herenato set my hand affixed my official seal the day and year first written above. (Seal or Std) Jet` o Sigoatu:+a AA ro ftiutr pe Nam s Notary and for the 3 of Washiagoo®, P1BUC S residing at ��► :` MY appoin�ent expires - - O/ OP ' � Page 3 of 7 i PARK & e STREET — PHASE TWO CITY OF BREMERTON FORM OF PROPOSAL EDA Award No. 07 -01.08590 CKNOWLEDGMENT OF PRINCIPAL OF BIDDER, IF A PARTNERSHIP) State ) ss: County of ) On this day of , 20 before me personally erne and appeared to me known, and known to me be one of the members of the firm of, in and who executed the foregoing insinime d- and he edged to me that he executed the same as and for the act and deed of said firm. IN WITNESS WHEREOF, ] have here<m my band and affixed my official seal the day and year first w ittw above. (Seal or Stamp) Notary Si Drift l�" Name Notary Public in and for the Sts f Washiagba, residing at My apposa host expaares KNOWLEDGMENT OF PRINCIPAL OF BIDDER, Its A SOLE PROPRIETORSHIP) State of ) C ounty of ) as: On this day of before me personally came and appeared to me known, and known to me to be one of � metes rm of, described in and who executed the Page 4 olr PARK & 4" STREET — PHASE TWO CITY OF BREMERTON FORM OF PROPOSAL Awani No. 07 -01 -08890 to meet, and he advwwladged to me that he executed the seers as and for the act and deed of said Item. IN WITNESS I have hereunto set my hand and affixed my official seal the day and year fiat writtem above. (Seal or Stamp) Notary S' PrkVl'ype Name Notary Public in and for the State of Wash' residing at icy appointma d expires i i I i I Page S of 7 M PARK & e STREET — PHASE TWO CITY OF BREMERTON FORM OF PROPOSAL EDA Award No. 07 -01-06590 AFFIDAVIT OF NON- COLLUSION State of Washington ) ) so County of `s swig -4) belt duly sworn, deposes and says. that he is the identical person who submlited the foragokrg proposal or bid, and that such bid Is genuine and not sham or collusive or made In the Merest or on behag of any person not thereon named, and tLrdw. that ft deponent has not directly or "recdy Induced or sd bd any other bidder on the foregoing work or equipment to put M a sham bid, or any other person or corporatlon to reftin from bkk tng, and that deponent has not, M any manner. sought by colRudm to secure himself, or to any other person. an advantage over any other Bidder or Bidders. Sign Here: r%C% tic M r. e) Prr c_t r1+ (SEAL, IF INCORPORATED) (Title) Subscribed and sworn to before me the day of L N o Notary Public In for the State of Washington, residing at. o Gh� o OF WP Y�1 propery executed must accompany all proposals) i i i Page 6 of 7 t i PARK 8 4 STREET - PHASE TWO CITY OF BREMERTON FORM OF PROPOSAL EDA Award No. 07 -01 -06590 PART Il - BID PROPOSAL Subcontractor Listing Per RCW 39.30.060 Bids on Public Works - SWreontracWm must be idenWkd when Every Invitation to bid on a contract that is expected to cost are million dollars (31, 000, 000.00) or more for the construction, alteration, or repair of any pubes building or pubes work of the state or a state agency or munwWty as defined under RCW 39.04. 010 ... shall require each bidder to submit as part of One bid, or wilt one (1) how after the published bid submittal time, the names of the subcontractors with whom the bidder, If awarded the contract, will subcontract for performance of the wok of heating. ventilation and air conditioning, plumbing as described In chapter 18.106 RCW, and eleckical as describe In chapter 19.28 RCW. or to nano belf for the work The bidder WW not list more than one(1) suboontrac tw for each category of wok idenitiied, unless subcontractors very with bid alternates. in which can the bidder must Indicat which subcontractor will be used for which altemate. Failure of the bidder to submit as part of the bid the names of such subconntractm or to name itseff to perform such wok or the naming of two or more subcontractors to perform the same work shad render the bidders bid non- responsive and, therefore. void .... Firm None D18EMM Work 1) 4h.[ sot... I a� ' 1w '� IW Rcf� . "TA1t�t ��14.►ri 2 ) L. oY•eo•ter.a A6.1,`i ��•• 3 ) MA - . L L4 k%4wr-ryc. 4) S a%&Tu 646y Y e.. a,.•.,.. Q Q?MtOt.t i 10., S . rns. w� K ` UAW I Ti��f *tG. co,grROt.� y'rpll..wt� �7) _ W ► �:lf.iP�rr�Ai �`�s`9JR:_ . /-�[_ � • Gf.4t C i C ( Please Print Name) sou±' , & Excav a ti ng,1 nl� Name of OkkW/Firrn� ~ Strbmllfing Bid (Please Print) END OF FORM OF PROPOSAL I Page 7 of 7 i I i + a jp f fla� 00 r Ilk �1 �ei I Ft 0 fil vp fir 1 ITO 'am f' As t { Is ib I,t 1 i��� � Diu i�w a: a j !� !0 � i�1! -- ---- - ' ' - _ -__' ___-____---______--___-_--__'- _-_'-.' - '__-'_~--~~~__ - '_~_ -~~_-_--.-- ^--- �������������� ������ , �� � �� - CONIRACr CIAUM !! 1�iS7t►1 ? ly r ri ORLOBRYRW i � 121,w1�h added a 13 J%nVdbSb%ftmkWios%ftdMpw 13 of fibs 31 atow LWW States taoda.'lbo=W sedfW d awed to da as =m nd% 15 t�Pmt 28 (36 FR 87368748, � � dA o '4 SAM =bwmkwk or and =we*@* as Foci* fimuftFodadfambfiff Lwiive Bea�md®attke Federal ao wt� the weed � 1 Ibis t?ae�eex t�eeees �aStedigg lobbgr�g mast bs ia�iod is oav$ appti�eioa Sbc a � isesah bid Re aaa�ehaot air mbooatraet ' floe Pedal Award e00D0°� alOQ,,000 atFedaal timi at aaf tlar�dee ANA Bub i eta sad aaah ` b3dd�pFlieanthe�eipdaod afa cadam! ar nbooshM meaft i10Q,000 dFedaeal eqy tiermdee; the Fedeeat Awaed mast Sle s " O° ' M. if % $tmdal+d Tbd== of ; bs mmioed r tt All diedw m £ormN e1a11 b0 aided $ems h ties ndl reaaiv+ed by the RedpbW of the Fodad Award tmn*, whs steal used ad &dmme forces to dl w Federal s i Beak arm6ombedwdmtismbjoatodeCArd&Wm=dDbdmm fin of ids Chmw is re qv" ld to Ste a discloease force at the and atee+ok =Ioodw quillgelatftAm I a wmeadm die j ma w dWmeo* awls.** ! =MM YO(*Abh=Wn000kkmdia=Wdbd=mfm=pwbu*gWb yn & I eace I DisoiaeTaea Sam a� be lbeaasodedRadm tiae;totiec� ieoaivedby the Beadpieatafthe Feld Awad (®act, wbo shall ward ell dteatoeme 8= to tbA Pedetd .f >ad� tr�bee` ta'6d aa�aeq athec aoeaaor, og Aldaloeea t�tive ar8l Zetiome, are raadadedflam the above lolebyhyg o � actrvbles� m� ►R=epeat lD *d m by wail tribes a permimed by athavr Fedme�t dw. Aa 1 tribe c>;cegaaiaation thrt is ace aaro Rom x*Vk=wft =* parvids (Ipn in= �oacueyle opt�ca) Gr o'er lea► W= wletde itseliea to ooadaot lobbytog aativiilas Heat �rauid otbaw;s4 bs sabjoct do rice peodbitioas ht salts the Claf"B"IMMU I minim of seatioe 3I9 atPtg& Law No. 101 -121. at^ , data am A 11 oa f avaaboamtreo0orooda answavd(grm) toanlodlen � ��4 � m thete�rtottoma �mp�tt r i a