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HomeMy WebLinkAbout02/01/2012 AGENDA I Jul f 60407 O© CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 []Phone (360) 473 -5280 ** *AMENDED * ** FEBRUARY 1, 2012 CITY COUNCIL MEETING AGENDA 1 BRIEFING 5 00 — 5-30 P M in COUNCIL CONFERENCE ROOM 603 A General Council Business 2 CALL TO ORDER 5 30 P M in FIRST FLOOR CHAMBERS A Pledge of Allegiance B Invocation 3 MAYOR'S REPORT 4 PUBLIC RECOGNITION 5 CONSENT AGENDA A Claims & Check Register B Minutes of Meeting — January 4, 2012 C Minutes of Study Session — January 11, 2012 D Minutes of Study Session — January 25, 2012 E Acceptance of Grant from the Washington State Office of Public Defense F Approval to pay Damage Claim G Redevelop (Because the bid expired January 31, item is pulled from the agenda ) H Resolution No 3162 to approve traffic and parking revisions with the Manette Bridge Replacement I Resolution No 3163 to approve Phase IV of the Bay Vista Final Plat J Appointment of Maurice Correia and Reappointment of Holly James to the Civil Service Commission K BKAT Service Contract with Kitsap County L Amendment No 4 to the Professional Services Agreement with W ILLIS OF S EATTLE, INC for insurance broker services M 2012 Excess Liability, Excess Workers' Compensation, and Crime Insurance N Resolution No 3164 establishing March 7, 2012 as a Hearing Date to vacate Broadway Avenue from 13"' to 16 Streets 6 GENERAL BUSINESS A Resolution No 3161 to approve back -in, angle parking on 0 Street and 5"' Street from Kiwarns Park to Warren Avenue (Moved from the Consent Agenda ) B Approval of September 11 Memorial Design Concept for Evergreen Rotary Park C Award Construction Contract to SOUTH BAY EXCAVATING INC for Park Avenue Plaza 4 Street East surface improvements as part of the Park Avenue Plaza Phase II Project Continued on back... 7 PUBLIC HEARINGS ` A Ordinance No 5178 to approve a six (6) month extension on the existing moratorium relating to Medical Marguana Collective Gardens B Ordinance No 5177 to amend the Zoning Code relating to Opiate Substitution Treatment Facilities C Ordinance No 5179 to adopt the proposal to modify the City Council District Boundaries for the City of Bremerton from 9 to 7 (No action until February 15 ) 8 COUNCIL MEMBER REPORTS 9 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING Amencans with Disabilities Act (ADA) accommodations provided upon request Those requinng special accommodations should contact the City Clerk's Office at (360) 473 -5323 by noon on the Monday preceding the Council meeting CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO SPEAK DURING THE COUNCIL MEETING TONIGHT %0' (a A, P ln� . 7-- G� yyv c to v -�69 lKq &4�IW �t� 6v( It al g47,L S�- Pak-, te Lm sil, 4 p!114 TT I ft�s WASH116TON STATE NETWORK WSU SMALL BUSINESS 1�1 F�k l � fl r-� DEVELOPMENT CENTER FFIN17 ;,�_ 17=1 / 'q t ea ? f 2 • ow 800 hours advising/preparing —120 businesses /business ideas ( +14 out of area) 0 —10+ new businesses started — 39 new jobs created — $166K in capital invested so far • 26 clients have received inmdepth research • 8 Talks to Chambers, b u s i n i � WASHIN G ` °t« <� °�ts su�� ess WASNIN6TON SPATE NETWORK r-- —� dame Jones Certified Business Advisor • 7 Workshop �' Washington State University panels Small Business Development Cent r � 345 Sixth Street, Suite 550 —� Norm Dada Govt Budding Bremerton, WA 98331 360 301 -0220 o elaine lones@wsbdcorg o www wsbdt org o Fox 360 - 3314864 k t AGENDA BILL CITY OF BREMERTON iro4 CITY COUNCIL sea SUBJECT: Claims & Check Register Study Session Date COUNCIL MEETING Date February 1, 2012 Department Financial Services Presenter Cathy Johnson Phone 473 -5296 SUMMARY: Consent Agenda item Approval of checks and electronic fund transfers ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount) APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: 1) Check #'s 346584 through 346810 and EFT's 11525 through 11569 in the amount of $2,637,68710 2) Check #'s 346811 through 347003 and EFT's 11571 through 11614 in the amount of $1,880,158 20 3) Regular Payroll for the pay period ending December 31, 2011 in the amount of $721,890 04 4) Regular Payroll for the pay period ending December 31, 2011 in the amount of $9,820 61 5) Regular Payroll for the pay penod ending January 15, 2012 in the amount of $690,393 82 6) Retiree Payroll for the pay period ending January 31, 2012 in the amount of $73,779 96 STUDY SESSION ACTION: ® Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT `, C i s o d , ,0 COUNCIL ACTION: [Approve ❑ Deny ❑ Table ^ ❑ Continue ❑ No Action Form Updated 1/4/12 AGENDA BILL CITY OF BREMERTON 5 CITY COUNCIL ■■ eeeeeeeeeeeeeeeeeeeeaeeseeeeeeeeeeeeeeeeeeeeeeoe SUBJECT: City Council Minutes for COUNCIL MEETING Date - ��h r Department City Council y �, Presenter Jim McDonald Council President Phone- (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) N/A APPROVALS: N/A RECOMMENDED MOTION: Move to approve the Consent Agenda as presented STUDY SESSION ACTION: Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT. rl/ COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, January 4, 2012 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, January 4, 2012, at 5 00 PM in Council Conference Room 603 of the NORM DICKs GOVERNMENT CENTER, 345 6 t Street, Bremerton, Washington, with Council Vice - President Adam Brockus presiding Council Members present were Nick Wofford, Eric Younger, Carol Arends, Faye Flemister, Greg Wheeler, Roy Runyon, Leslie Daugs, and Jim McDonald Also present were City Attorney Roger Lubovich, Interim City Clerk Shannon Conn, and Legislative Assistant Lori Smith A COUNCIL BRIEFING was 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 Reverend Larry Robertson of Emmanuel Apostolic Church COUNCIL OFFICER ELECTIONS Vice - President Brockus opened nominations for Council President/Mayor Pro Tempore Carol Arends nominated Jim McDonald Roy Runyon nominated Nick Wofford 05:36:25 Interim City Clerk Shannon Corm counted the ballots Voted for McDonald (6 Votes) McDonald, Wheeler, Flemister, Arends, Younger, Brockus Voted for Wofford (3 Votes) Wofford, Runyon, Daugs Jim McDonald was elected Council President/Mayor Pro Tempore for the year 2012, received the gavel, and was then seated as the chair for the remainder of the meeting President McDonald then opened nominations for Council Vice - President Adam Brockus nominated Greq Wheeler Nick Wofford nominated Roy Runyon 05:39:38 Interim City Clerk Shannon Corin counted the ballots Voted for Wheeler (7 Votes) Wheeler, Daugs, Brockus, Flemister, Arends, Younger, McDonald Voted for Runyon (2 Votes) Runyon, Wofford Greg Wheeler was elected Council Vice - President for the year 2012 MAYOR'S REPORT — Mayor Patty Lent • Welcomed new City of Bremerton Public Works Director Katy Allen • Proclaimed January 11, 2012 as Human Trafficking Awareness Day, • Introduced Caroline Stein Washington State Science & Engineering Fair, and announced this year's fair would be held on March 30 & 31, 2012, and • Encouraged citizens to sign up for the Re -Power Bremerton Program to save energy and costs PUBLIC RECOGNITION Mike Walton Community & Marketing Director for the Kitsap Family YMCA, announced upcoming events and activities taking place this month at the "Y" including the "Resolution Walk/Run Series" Todd Best welcomed the newly elected Council Members and Public Works Director, and asked that the Council consider the tough economic times when making their decisions over the next year City Council Reg Mtg Minutes Wednesday, January 4, 2012 Page 2of3 Sally Glivar President of the Charleston Business Association, stated that at the meeting last night, a particularly dangerous situation with traffic lights at 6 & Montgomery was brought up by several of the attendees, and hoped the City could address the situation Joe Hudson Evergreen Trophy, expressed his frustration at being continuously surprised when work is going to take place on 4th Street and therefore pleaded for more communication to avoid further impacts to his business, as well as other businesses in the area CONSENT AGENDA 7A — Claims & Check Register Check Numbers 346479 through 346583, and EFT -11498 through EFT -11524 in the amount of $665,210 19, Regular Payroll Payout for the pay period ending December 15, 2011 in the amount of $208 10, and Retiree Payroll for the pay period ending December 31, 2011 in the amount of $73,758 08 7B — Minutes of Meeting — December 7, 2011 7C — Minutes of Special Meeting — December 14, 2011 7D — Minutes of Study Session — December 14, 2011 7E— Minutes of Meeting — December 21, 2011 7F — Award Construction Contract to HENDERSON PARTNERS for Park Avenue alley improvements as part of the Park Avenue Plaza Phase II Project There were no comments from the public 06:02:45 M /S /C (Arends /Runyon) Move to approve the CONSENT AGENDA as presented Voted in favor of Motion Brockus, Runyon, Wheeler, Arends, Wofford, McDonald Abstained Daugs, Flemister, Younger (Due to past minutes on agenda when this is their 1 St meeting) Motion carried 6 -Yes, 3- Abstentions GENERAL BUSINESS 8A — AWARD CONSTRUCTION CONTRACT TO SOUTH BAY EXCAVATION FOR PARK AVENUE PLAZA 4 STREET WEST SURFACE IMPROVEMENTS AS PART OF THE PARK AVENUE PLAZA PHASE II PROJECT Gary Sexton Executive Department, explained that this public works construction contract is for Park Avenue Plaza 4 Street West surface improvements in front of the parking garage, theater, and United Way including sidewalks, curbs, planting strips, lighting, street resurfacing and stairs The amount of the contract is $386,250 plus sales tax There were no comments from the public 06:05:56 Motion was made by Brockus, and seconded by Wheeler, Comments were then provided by Runyon, Wheeler, and Wofford 06:09:22 M /S /C /U (Brockus/Wheeler) Move to approve the Park Avenue Plaza 4 Street West improvement construction contract to South Bay Excavation and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented COUNCIL MEMBER REPORTS Adam Brockus hoped everyone remained safe this winter Roy Runyon looked forward to working with the new Council Members City Council Reg Mtg Minutes Wednesday, January 4, 2012 Page 3 of 3 Greg Wheeler thanked everyone for serving, announced the First Friday Art Walk, and encouraged everyone to attend the event in honor of Rev Dr Martin Luther King, Jr on Monday, January 16, 2012 at the Kitsap County Fairgrounds in the President Hall Faye Flemister looked forward to the coming year and wished everyone a prosperous and healthy new year Carol Arends also welcomed the newly elected Council Members, and appreciated efforts made recently by the Charleston Business Association Eric Younger congratulated new Council Chairs McDonald and Wheeler, and looked forward to serving on the Council Nick Wofford welcomed new Council Members, congratulated the new Council Chairs, and looked forward to the New Year Jim McDonald encouraged citizens to take advantage of the opportunity to provide their comments on the updated 9/11 Memorial Design either in the lobby of the Norm Dicks Government Center or at the Sheridan Community Center before Council takes action on January 18, and thanked Council Member Adam Brockus for serving as Vice - President in 2011 With no further business, President McDonald adjourned the Council Meeting at 6 15 PM The Council then reconvened to a Study Session in the 6` Floor Council Conference Room for a briefing by the 2012 Council President, and to discuss "General Council Business" Prep red and Submitted by LORI SMITH Legislative Assistant Attest SHANNON CORIN, Interim City Clerk JIM McDONALD, City Council President JM SC Is cg AGENDA BILL CITY OF BREMERTON 46cw CITY COUNCIL SUBJECT: City Council Minutes for COUNCIL MEETING Date. Department- City Council �hk Presenter Jim McDonald Council President Phone* (360) 473 -5280 cJ SUMMARY: Attached is a summary of the City Council Meeting. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) N/A APPROVALS: N/A RECOMMENDED MOTION: Move to approve the Consent Agenda as presented STUDY SESSION ACTION: Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT- r` 7,� COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Acton Form Updated 4/18/2011 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES January 11, 2012 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 NOW DICKS GOVERNMENT CENTER, 345 6 1h Street, Bremerton, Washington, Wednesday, January 11, 2012, at 5 00 PM, with Council President Jim McDonald presiding Council Members present were Nick Wofford, Faye Flemister, Greg Wheeler, Roy Runyon, Adam Brockus, and Leslie Daugs Council Members Carol Arends and Eric Younger were absent Legislative Assistant Lori Smith was present to provide staff support President McDonald 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 The following items are budgeted items or have been reviewed by the appropriate Council Committee, and will be placed on the January 18, 2012 Council Meeting Agenda unless otherwise stated 1 Discussion of City Council e-mail policy, and assignment of City Council e-mail addresses — Roger Lubovich, City Attorney, and Bill Eley, Information Technology Manager (Information only..) 2 Acceptance of Grant from the Washington State Office of Public Defense — Dawn Nelson, Municipal Court Administrator Consent Agenda 3 Approval to pay Damage Claim — Roger Lubovich, City Attorney, and Thelma Swem, Risk Manager Consent Agenda 4 Approval of September 11 Memorial Design Concept for Evergreen Rotary Park — Wyn Birkenthal, Parks & Recreation Director General Business 5 Bid Award to Cascade Recreation to purchase playground equipment for Kiwanis Park Redevelopment — Wyn Birkenthal, Parks & Recreation Director Consent Agenda 6 Proposed resolution to approve back -in, angle parking on 4 th Street and 5th Street from Kiwanis Park to Warren Avenue — Gunnar Fridnksson, Engineering, Public Works & Utilities Department Consent Agenda 7 Proposed public hearing and ordinance to vacate Broadway Avenue from 13 Street to 16 Street — Gunnar Fridnksson, Engineering, Public Works & Utilities Department Public Hearing 8 Proposed resolution to approve traffic and parking revisions with the Manette Bridge Replacement — Gunnar Fridrksson, Engineering, Public Works & Utilities Department Consent Agenda 9 Proposed resolution to approve Phase IV of the Bay Vista Final Plat — Allison Daniels, Planner, Community Development Department Consent Agenda 10 Proposed public hearing and ordinance to approve a six (6) month extension on the existing moratorium relating to Medical Marihuana Collective Gardens — Allison Daniels, Planner, Community Development Department Public Hearing City Council Study Session Minutes Wednesday, January 11, 2012 Page 2 of 2 11 Proposed public hearing and ordinance to amend the Zoning Code relating to Opiate Substitution Treatment Facilities, and to request a two (2) week extension on the current moratorium — Allison Daniels, Planner, Community Development Department Public Hearing President McDonald called a 10- minute recess 12 Construction Contract for Park Avenue Plaza 4 1 Street East surface improvements as part of the Park Avenue Plaza Phase II Project — Gary Sexton, Redevelopment Projects Administrator General Business 13 Discussion on proposed changes to City Council District Map to reflect from 9 to 7 Districts — Bill Eley, Information Technology Manager Public Hearing February 1... 14 Appointment of Maurice Correia and Reappointment of Holly James to the Civil Service Commission — Mayor Lent Consent Agenda 15 Council Member Reports were provided, and other Council Business was briefly discussed President McDonald adjourned the Study Session at 8 20 PM Pre ared and Submitted by LORI SMITH Legislative Assistant Attest SHANNON CORIN, Interim City Clerk JIM McDONALD, City Council President JMSCIscg AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■• rrereeee ererererrrrereerreeeerrerrrrrerrrrerrrrrrrrrrerrrrrrrsrrrrrrrrrrrrrrrrrrrrrr r � SUBJECT: City Council Minutes for COUNCIL MEETING Date f -Lv yl 1 Department: City Council Presenter Jim McDonald Council President C D u n / Phone (360) 473 -5280 e ( �"l 9 SUMMARY: Attached is a summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) N/A APPROVALS: N/A RECOMMENDED MOTION: Move to approve the Consent Agenda as presented STUDY SESSION ACTION: Xconsent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES January 25, 2012 A Study Session of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603, of the NORM DICKS GOVERNMENT CENTER, 345 6 th Street, Bremerton, Washington, Wednesday, January 25, 2012, at 5 00 PM, with Council President Jim McDonald presiding Council Members present were Nick Wofford, Eric Younger, Carol Arends, Faye Flemister, Greg Wheeler, Roy Runyon, and Leslie Daugs Council Member Adam Brockus was absent President McDonald 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 The following items are budgeted items or have been reviewed by the appropriate Council Committee, and will be placed on the February 1, 2012 Council Meeting Agenda unless otherwise stated 1 BKAT Service Contract with Kitsap County — Charleen Burnette, Finance Department Consent Agenda 2 Amendment No 4 to the Professional Services Agreement with Willis of Seattle, Inc for insurance broker services — Thelma Swem, Risk Manager Consent Agenda 3 2012 Excess Liability, Excess Workers' Compensation, and Crime Insurance — Thelma Swem, Risk Manager Consent Agenda 4 Review of maps related to proposed Ordinance No 5177, amending the Zoning Code relating to Opiate Substitution Treatment Facilities — Allison Daniels, Planner, Community Development Department Pubhc Hearing 5 Proposed resolution to establish March 7, 2012 as a Hearing Date to vacate Broadway Avenue from 13 to 16 Streets — Gunnar Frldriksson, Engineering, Public Works & Utilities Consent Agenda 6 Bremerton Government 101 Workshop — Roger Lubovich, City Attorney (Information only ) Council recessed from 6 40 to 6 50 PM 7 Council Member Reports, and other General Council Business (Information only ) President McDonald announced that items originally scheduled for action on January 18 will also be scheduled for the February 1 Council Meeting, then adjourned the Study Session at 8 05 PM Prepa d and Sub tt L I 9MITH Legislative Assistant Attest SHANNON CORK Interim City Clerk JIM McDONALD, City Council President JMSCIscg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Office of Public Defense Grant Study Session Date 01/11/2012 Acceptance COUNCIL MEETING Date ^� "�;z Department Municipal Court Presenter Dawn Nelson Phone 473 -5242 SUMMARY: The Bremerton Municipal Court applied to the Office of Public Defense for a grant and was awarded $15,000 00 for the proposed public defense improvement project $7,500 00 has been promised and received, the status of the balance of $7,500 00 is unknown until the state passes it's supplemental budget This money is intended to be used for improvements including increased use of interpreters for attorney /client meetings, investigators, and an increase in the number of appeals filed The court also continues with the practices implemented with 2011 funds which provided for a public defender at first appearance hearings and a public defender at the fail for video hearings ATTACHMENTS: Letter of Acknowledgement FISCAL IMPACTS (Include Budgeted Amount) The OPD funding is a revenue source for $15,000 00 to be used directly for Public Defense in the City of Bremerton Municipal Court These monies will be fully expended as part of the 2012 Public Defense Contract There are no matching funds needed As of this date, $7,500 00 has been received The balance of $7,500 00 is pending APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to accept the grant for $7,500 00 from the Office of Public Defense STUDY SESSION ACTION: X Consent Agenda ❑ Gener I Business E] Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 STATE o� 'Q a �n Z 18 9� WASHINGTON STATE (360) 586 - 3164 Internet Email opd @opd wa gov OFFICE OF PUBLIC DEFENSE FAX (360) 586 -8165 December 15, 2011 u V E D Dawn Nelson Court Administrator BY Bremerton Municipal Court MUNICIPAL COURT 550 Park Avenue Bremerton, WA 98337 Re Chapter 10 10 1 RCW Application for City Grant Funds Dear Ms Nelson The Washington State Office of Public Defense (OPD) is pleased to announce the award of RCW 10 101 080 City Grant funds to the City of Bremerton The projected total award is $15,000 for use in 2012 Due to ongoing state budget uncertainties, OPD is distributing city grant funding in two installments, with the first payment in mid - December for use through June 2012 and a second payment to be made after adoption of the state supplemental budget The December payment of $7,500 is enclosed It is my sincere hope that the second payment will be for an equal amount, but please understand that it could be reduced if the Legislature imposes additional budget cuts in the pending supplemental budget Enclosed is a short Grant Agreement for your review and signature by an authorized representative of the City of Bremerton The signed Grant Agreement should be returned to OPD by December 30, 2011 A conformed copy will be sent to you for your records A copy of OPD's policy on authorized uses is enclosed If the City of Bremerton uses state BARS coding, these grant funds should be received under BARS revenue code 334 01 2X Chapter 10101 RCW requires cities awarded funds to demonstrate to OPD that they are either meeting the public defense standards referenced in RCW 10 101 030, or that the funds received are used to make appreciable demonstrable improvements in the delivery of public defense services Accordingly, OPD looks forward to receiving the city's mid -year report in July 2012 (as required in the Grant Agreement), as well as visiting your program at least one time during the year OPD's Public Defense Services Managers are available to provide assistance to support the city's efforts or to answer questions Please feel free to contact Kathy Kuriyama or David DeLong at (360) 586 -3164 We look forward to working with you Sincerely, J anne Moore Director Enclosures c Presiding Judge James M Docter, Bremerton Municipal Court 711 Capitol Way South - Suite 106 - P 0 Box 40957 - Olympia, Washington 98504 -0957 D 0 C STATE OF WASHINGTON 98 10 0101 Z OFFICE OF STATE TREASURER OLYMPIA 1251 OFFICE OF PUBLIC DEFENSE _ _ _ __ T _ _ (360) 586 -3164 > =r g No 1 Ag;q Sob ASY7 1W.1No Mo Day Yr 11349 OS60 100101Z 12 IS 2011 PAY TO THE I , ORDERO �ONLT' :�q ,�o TSCTS�i NEGOTIABLE FOR 180 DAYS ON OR AFTER ABOVE DATE 345M6THOST CITY STE 600 BREMERTON WA 98337 j JAMES L McINTIRE, STATE TREASURER j ��'432Lill 1 :1251055761: 100LO1 2611' .l BREMERTON CITY OF 345 6TH ST STE 600 PAYMENT DATE 12/15/11 BREMERTON WA 98337 WARRANT # 100101Z VENDOR #- SWV0000221 -00 BATCH 08 -088 056 -0 * * * * * * * ** S T A T E O F W A S H I N G T O N * * * * * ** PAGE #• 1 RPTDWP827V VENDORS REMITTANCE ADVICE FROM OFFICE OF PUBLIC DEFENSE CALL (360) 566 -3164 . . . .. .... . . . . . . . . INV DT INVOICE NUMBER ACCOUNT NUMBER DOCUMENT # AMOUNT VENDOR MESSAGE AGREEMENT # / ORDER ID PAYMENT ID 121411 CITY GRANT 2011 088 7,500 00 7,500.00 TO SIGN UP FOR DIRECT DEPOSIT PAYMENTS PLEASE VISIT THE OFM WEBSITE AT WWW OFM WA GOV /ISD /VENDORS ASP s� Grant Agreement No. 12219 t FACE SHEET WASHINGTON STATE OFFICE OF PUBLIC DEFENSE 1 Grantee 2 Grantee Representative City of Bremerton Dawn Nelson 345 6th Street, Suite 600 Court Administrator Bremerton, WA 98337 Bremerton Municipal Court 550 Park Ave. Bremerton, WA 98337 3 Office of Public Defense (OPD) 4 OPD Representative 711 Capitol Way South, Suite 106 Joanne I Moore PO Box 40957 Director Olympia, WA 98504 -0957 Office of Public Defense 711 Capitol Way South, Suite 106 PO Box 40957 Olympia, WA 98504 -0957 5 Grant Amount 6 Grant Period $7,500 January 1, 2012 through June 30, 2012 7 Grant Purpose The Chapter 10 101 RCW city grants are competitive grants for the purpose of improving the quality of public defense services in Washington municipalities (See Chapter 10 101 RCW ) The Office of Public Defense (OPD) and Grantee, as defined above, acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start January 1, 2012 and end June 30, 2012 The rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by reference Special Terms and Conditions of the City Grant and General Terms and Conditions of City Grant FOR THE GRANTEE FOR OPD Name, Title Joanne I Moore, Director Date Date SPECIAL TERMS AND CONDITIONS OF THE CITY GRANT 1. GRANT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications regarding the performance of this Grant a The Representative for OPD and their contact information are identified on the Face Sheet of this Grant b The Representative for the Grantee and their contact information are identified on the Face Sheet of this Grant 2 GRANT AWARD AMOUNT The Grantee is awarded Seven Thousand Five Hundred Dollars ($7,500) to be used for the purpose(s) described in the USE OF GRANT FUNDS below 3 PROHIBITED USE OF GRANT FUNDS (as adopted in OPD Policy Countv /City Use of State Public Defense Fundinal a Grant funds cannot be used to supplant local funds that were being spent on public defense prior to the initial disbursement of state grant funds b Grant funds cannot be spent on purely administrative functions or billing costs c Grants funds cannot be used for indigency screening costs d Grant funds cannot be used for city or court technology systems or administrative equipment e Grant funds cannot be used for city attorney time, including advice on public defense contracting 4 USE OF GRANT FUNDS a Grantee agrees to use the grant funds for the following purposes i Continuing to adjust pay compensation for contracted attorneys and increasing per case compensation for conflict case assignments n Adding investigator services iii Providing public defense services at preliminary appearance calendars iv Providing interpreter services for attorney - client interviews and communications b Grantee agrees to obtain OPD's written permission before funds are used for any purpose other than those listed in Section 4a above c Grantee agrees to use the funds in calendar year 2012 If Grantee is unable to use the funds in 2012, the Grantee agrees to notify OPD to determine what action needs to be taken d Grantee agrees to deposit the grant check within fourteen days of receipt 5 REPORT Grantee agrees to submit a written mid -year report to OPD no later than July 31, 2012 The report shall include, but not necessarily be limited to, the following information to date overview, how grant funds have been used, how grant funds have impacted indigent defense services, and a brief summary expenditure report 6 ORDER OF PRECEDENCE In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence in the following order • Applicable federal and state of Washington statutes, regulations, and court rules • Special Terms and Conditions Of the City Grant • General Terms and Conditions of the City Grant � , � i .�i• � y y � o -z s..., i��. ^ ���� a ��e tttt,, � � t 0 � �'- �'1� ° 'N � _ ? S�r 4 a� ��ycJs♦�,> 'h�� t ���yNa � rc}.�'•$r �� ' � t€ k GENERAL TERMS AND C ONDITIONS OF THE CITY xf 1 ALL WRITINGS CONTAINED HEREIN GRANT This Grant contains all the terms and conditions agreed upon by the parties No other understandings, oral or otherwise, regarding the sub the parties hereto lect matter of this Grant shall be deemed to exist or to 2 AMENDMENTS bind any of ,{ This Grant may be amended b binding unless it e venting and s agreement of the parties. Such amendment Boa 3 AMERCIANS WITH plSggILITIES � by Personnel authorized to bind each of the s a all not be '�ADA�� 29 CFR Part 35. ADA OF 1990 PUBLIC LAW 101 -336 also re ferred 1es The Grantee individuals must c omply with the to as the g with disabilities in the areas of em to ADA, which provides co mprehensive civil rights r ' government services, and telecommunicatio P Yment q ,public accommodations, state and local a� AS SIGNMENT ns Neither this Grant, nor an Y y claim arising under this Grant, shall be transferred or a Grantee without prior written consent of de 5 ATTORNEY'S FEES signed by the Unless expressly permitted under another provision of t Grant terms, each 6 CONFORMANCE he Grant, in the event of litigation or other action brought to enforce Gr MANCE Party agrees to bear its own attorneys fees and costs If any provision of this Grant violates an considered Y statute or rule of law of the state of Washington, it is � modified to conform to that statute or rule of law ETHICS CONFLICTS OF INTEREST In Performing under this Grant, the Grantee shall assure Chapter 42 52 RCW and any other applicable with the Ethics in Pub conflicts of interest pPl�cable court rule or state or federal law related to ethics GOVERNING LAW AND VENUE This Grant shall be construed and interpreted in acc cs or and the venue of an ordance with the laws of the state of Washington 9 INDEMNIFICATION n brought hereunder shall be m the Superior Court for Thurston County To the fullest extent permitted by law, the Gra y action shington, state of Washington, OPD, all other a Grantee shall indemni and hol state, from and against all claims or damage of the state and all offs eefe agents and charmless the Performance or failure to s for injuries to 10 LAWS persons or to or death ar sting out of or incident to the The Grantee shall compl Perform the Grant Of local and state and ederat governments, as no PPiicable laws, ordinances, codes, regulations, court rules 11 NONCOMPLIANCE WITH NONDI SCRIMINATION LAW hereafter amended During the � Policies performance of this Grant, the Grantee shall compl nondiscrimination laws, regulations and refusal non discrimination comply Policies In the event of the Grantee's no n - compliance co and local P Y with any nondiscrimination law, regulation or canceled or terminated in whole or in part 1 2 RE policy, this Grant may mpliance or -- �P�URE Y be rescinded, In the event that the Grantee fails to perform this Gra nt in accordance with state laws, federal laws, and the provisions of the Grant, OPD reserves the right to recapture funds in an amount to compensate OPD for the in addition to an equity n oncompliance 13 RECORDS y other remedies available at law or in The Grantee MA INT E NA N CE nta n all bo oks, records, documents, data and other evidence relatin � Grantee shall retain such records for a period of six 6 Period If any litigation, claim or audit is started before the g to this Grant ( - -_ )years following the end of the grant expiration of the six (6) Oyear period, the � �'r records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved 14 RIGHT OF INSPECTION At no additional cost all records relating to the Grantee's performance under this Grant shall be subject at all reasonable times to inspection, review, and audit by OPD, the Office of the State Auditor, and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Grant The Grantee shall provide access to its facilities for this purpose 15 SEVERABILITY If any provision of this Grant or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Grant that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Grant and to this end the provisions of this Grant are declared to be severable 16 WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing WASHINGTON STATE OFFICE OF PUBLIC DEFENSE COUNTY /CITY USE OF STATE PUBLIC DEFENSE FUNDING (as amended June 2008) State funds disbursed to counties and cities pursuant to Chapter 10 101 RCW cannot be used to supplant local funds that were being spent on public defense services prior to the Initial disbursement of state funds State funds must be spent to improve the quality of legal representation directly received by Indigent defendants The funds cannot be spent on purely administrative functions Following are guidelines regarding permitted use of state public defense funds 1 State public defense funding under Chapter 10.101 RCW may be used in the following ways: a) Additional investigator services b) Additional expert services c) Creation of a public defense office d) New quality monitoring by an attorney coordinator who can act as a legal supervisor for the attorneys providing public defense (but non - attorney administrative employees of the county or city are not an approved use of funds) e) Computers or access to electronic legal research systems for public defenders f) Increase in public defense attorney compensation g) Provision of public defense services at first appearance calendars (or increase of first appearance services if public defenders are already provided) h) Addition of more attorneys to lower public defense caseloads i) Addition of social worker services to assist public defense attorneys j) Direct training costs to train public defense attorneys k) Evaluations of defendants for sentencing options, such as drug evaluations, SSOSA, DOSA 1) Provision of Internet connectivity (e g wireless) for public defense attorneys m) Provision of interpreter services for attorney - client interviews and communication (but in -court interpreter appointments required under Chapter 2 43 RCW are not an approved use of funds) 2. State public defense funding under Chapter 10.101 RCW may not be used in the following ways: a) Supplanting county or city funds used for public defense services to the initial disbursement of state funds to the county or city b) Billing or other administrative costs incurred by the county or city in administering the public defense program c) Indigency screening d) County, city or court technology systems or administrative equipment e) County or city_attorney time, including advice on public defense contracting, except as provided in Section 1(d) above N /Policies 0806 County /City use of State Public Defense Funding AGENDA BILL CITY OF BREMERTON CITY COUNCIL 15F eeeeeeee eeeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeooeeeeeeoeeeseeeeeeeeeeeeeeeeeeeeeeeeeeee SUBJECT: Approval to pay damage claim Study Session Date January 11, 2012 COUNCIL MEETING Date jaiRwary Department City Attorney's Office Presenter Roger Lubovich and Thelma Swem Phone 473 -2345 SUMMARY On November 30, 2011 a City watermain broke which resulted in flooding of the ground level and garage of a home on Anderson Hill Road in Port Orchard, Washington Extensive damage resulted and the residents have been displaced from the home Remediation and repair costs will exceed $50,000 BMC 2 92 060 requires approval by City Council for the settlement of claims over $50,000 Staff is requesting City Council authorize the City Attorney and Risk Management Specialist to pay claim costs up to $100,000 and enter into contracts as necessary to resolve this claim ATTACHMENTS. FISCAL IMPACTS (Include Budgeted Amount) Funds are budgeted in the Risk Management Fund for 2012 for claim expenses and settlement APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to authorize the City Attorney and Risk Management Specialist to pay claim costs up to $100,000 and further, to authorize the City Attorney to enter into contracts as necessary related to the claim STUDY SESSION ACTION: Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ?% I I ..........................................................................--- SUBJECT Purchase of Playground Study Session Date January 11` 2012 Equipment from Cascade Recreation COUNCIL MEETING Date Department Parks and Rec Presenter Wyn Birkenthal/ Colette Berna Phone 473 -5752 SUMMARY. The Kiwanis Park Redevelopment project includes a new ADA accessible playground with separated areas for older and younger children The play equipment selected for the project has been bid through the King County Directors Association (KCDA) group purchasing contract The low bidder is Cascade Recreation of University Place, WA in the amount of $68,808 56 including Washington State sales tax The bid price is 10% below the manufacturer's 2011 list price for the play equipment components Cascade Recreation has agreed to waive shipping charges for this purchase ATTACHMENTS: A Playground Rendering B Itemized Bid from Cascade Recreation C KCDA Playground Equipment Award Summary FISCAL IMPACTS (Include Budgeted Amount) The Kiwanis Park and Green Streets project is budgeted in the 2012 Parks Dept Capital Improvement Plan in the amount of $68,808 56 APPROVALS. _— DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR ° MAYOR RECOMMENDED MOTION. Move to award the bid of Kiwanis Park playground equipment to Cascade Recreation in the amount of $68,808 56 including Washington State sales tax and authorize the Director of Parks & Recreation to purchase the equipment STUDY SESSION ACTION- X ConsentAgencla ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT Z I 2�� COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action rD �7LY lZl S\L+�GL 1a1 H '' S,: �,'�,k41 • i T • 3' ASP vC• f_� � � ,�� � _� Bremerton, WA i�'•W�'�.s�� RECREATION, INC. it V r — T � r Y ks YY•.?vv' I 'll n1� r !! ;F .irL� �: . - r te• .`+:. �rz ,:���•� -�- ��i -r .�_ _ � x i Ali %'��,►�,/- � 'r � d �: t� - Yi ��` '�I i'e •r,�f^.Y.1.� h � � {�' �,'a" e.�' "',h" t�i�� ,u L ��.�� ,� - I (� a�" Il..'a %�� , � � � �i � 91�' � r � � z � ?��%�� � +w �� � ' ! � {� -••, � ,�:S4w7H:t. { I I f �� � + �. "� � {�� 5 �+ f + s ��=.� ! �� h v d� ����f J � � ,��•. k t, .b,. � . � ,�yA. . ? 9 ti- � yy ,j.I* 1 `n1'ns .' �F- t- ' "- '�� ., e•J'v�.�+4.a�'1 � �r� .! ] � ` " + r r �-'a✓ •+G ��r.�'Yi('��5���� . " ^, .. rf; F*• , ( F . ' y ��.." Y r•� { x .11 �i '� � =iii; r <. ,'y J�' <• �c - • rrrirra a .y ._. va...s,sr....F......i..:�. t:.a�:._..•:..,._ 1 'k• ! 1 ' 1 � � 1 1 �� f 7iJ \ .{ \ } }T i .0 i � '�Y � glti .�Y . j1 �ale� y 1 ��� ,' •. I I I� � Ii � � � - -.^* •ti+4. :U It � a ,,��4� `�• - , i i��� �, I�� ' I �!' I / ' I I . � I v 1 -! r .. � i � ' ' ! at �� °�'� -. � .vt • �. `�.�,����`" ° "' ' .� . __ ..:�:��.� /� � , ,1� � - � ' I ` ` .+i.s�' l� i, . ( ; �� r� I +} . # f •...... ten,* t i!► +,�; � 1�" �I�� i•_��{ d '�o � • t �•.`��� i..i .� ;, i ' c � r ,. 'wrl� +...•.v... w- ::a«a+� 'v 9„�'�+R� +i "'�� � r � ! � � • �� T3 � �l a� i � ��� � - !Y`' �- t ',� . � _ �e� v�; i � • } • - � •� / ..L �L.JZ`�,� -�� L�� �:N ( `• '� �'L� � 2 � y!� �� I I 1�`� � MI B i To •7� �? r. T r;ul _ Pla shellr J pp, IayrOCls S "i b erS ..h at .r ...ti :.aid►.: 4r_•. -..., ..`ice = a,�:• Quote CASCADE Date Estimate # RECREATION, INC. 12119/2011 550 PO Box 64769 University Place, WA 98464 (253) 566 -1320 Fax # (253) 566 -11 info @cascaderec com Terms Net 20 days upon approval of credit www cascaderec com Lead Time 4 -5 weeks unless specifically stated Pricing good for thirty days and does not include surfacing, TO: Bremerton Parks, City of border or installation unless specifically stated. Davis Bacon Colette Berna and Prevailing Wage fees are not included, please call for 680 Lebo Blvd pricing. See terms and conditions for more information Bremerton, WA 98310 Description Qty Price Total RE Kiwanis Park Revised quote BigToys Structure, Q8730W - Natural Colors This structure 1 15,821 96 15,821 96T designed for 2 -5 year olds 10% KCDA discount 1 -1,58220 -1,582 20T BigToys Structure Q8760 - Natural Colors This structure 1 51,340 60 51,340 60T designed for 5 -12 year olds 10% KCDA discount 1 -5,13403 -5,134 03T BigToys model IS -82 -21321- Inline Swing 8' with 2 Belt & 2 1 2,51700 2,517 OOT Infant Seats w/ Green Posts 10% KCDA discount 1 -25170 -251 70T BigToys model MBT 430 Synchro Pod 1 72000 720 OOT 10% KCDA discount 1 -7200 -72 OOT *Freight for all BigToys will be free if order is placed by November 30th, 2011 Delivery time is approximately 4 -5 weeks Quoted by Brett Oliver Acceptance of Proposal and Terms and Conditions of Sale: Subtotal $63,35963 Signature Sales Tax (8.6 %) $5,44893 PO# Date Total $68,808.56 KCDA Contract Information - Cascade Recreaton Page 1 of 2 KCDA KCDA Contract Information Contract. Playground Equipment and Matting KCDA Bid Plumber. 11 -315 Contract Expiration Date January 31, 2012 Plumber of Annual Renewals none Awarded Vendor. Cascade Recreation, Inc -- [ Award Letter Approved Products /Services. Big Toys Playground Equipment (Coverage inside WA, OR, ID, MT) Fibar Wood Fiber Surfacing XCCENT Playground Equipment Landscape Brands and Site Amenities Primary Vendor Contact: Jill Thorsen, Sales Representative phone. (888) 280 -8010 e -mail rill @cascaderec com Website. ' t Order Placement /Processing: KCDA Purchasing Cooperative Attn Brian Fawcett Phone 800 - 422 -5019, 425 - 251 -8115, ext 127 Direct Line. 425 - 282 -0677 Fax 253 -395 -5402 email bfawcett@kcda orci Required Public Works Click on Customer and KCDA Responsibilities Procedures. Pricing Award Summary Award Summary Tabulation /Evaluation- Bid Information: Bid Boilerplate 2010 Sealed Non- eSchoolMall Bids Bid Cover Paae Mandatory Bid Documents Bid Signature Page Mandatory Bid Documents Bid Terms by Manufacturer Mandatory Bid Documents Special Instructions Specifications Vendor Response Form httn / /wwva kcda nrPr/KC:T)A A - wnrr1Pri Cnntrnrt 1 1 -q1 S i l nernrlP RPl+YP9{1nY1 1,+.,, 1 1 11 n 111M 1 KCDA Contract Information - Cascade Recreation Page 2 of 2 Mandatory Bid Documents Attachment A Certification Regarding Debarment Website Posting Certificate Proof of Advertising: Washington Oregon KCDA Authorizing Statutes: Revised Code of Washington 28A 320 080,Cooperative Purchasing Revised Code of Washington 39 34, Interlocal Government Agreements. Oregon Applicable Statute: Oregon Revised Statute 279A 210, Joint Cooperative Procurements. http• / /www kcda org/KCDA 1-315 Recreation.htna 1 1/14/2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL I SUBJECT: Resolution No 316 approving Study Session Date January 11, 2012 traffic and parking revisions with the Manette COUNCIL MEETING Date , 9�- Bridge Replacement Department PW &U Presenter Gunnar Fndriksson Phone 473 -2354 SUMMARY: With the Manette Bridge replacement, the City of Bremerton requested several design changes to the original set of plans One of which was the incorporation of a roundabout at the east end of the bridge The roundabout design required the closure of Lower Wheaton Way between Harkins Street and East 11 Street This closure resulted in the loss of existing angled parking stalls on the east side of the one -way roadway In order to restore some of the stalls, the Washington State Department of Transportation ( WSDOT) resigned and striped East 11 th Street west of Pitt Avenue to Shore Drive to a one -way street with angle parking on the south side ATTACHMENTS: Council Summary, Resolution No -If 6 0- FISCAL IMPACTS (Include Budgeted Amount) Completion of changes is incorporated with the Manette Bridge Replacement project with all costs paid by WSDOT APPROVALS: DEPARTMENT DIRECTOR A- I-Q� CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to pass Resolution No to approve the substitution of angle parking and one -way street from Lower Wheaton between Harkins and East 11 Streets to East 11 Street between Pitt Avenue and Shore Drive STUDY SESSION ACTION: [ Consent Agenda ❑ Gen ral Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 COUNCIL SUMMARY TRAFFIC AND PARKING REVISIONS EAST SIDE OF MANETTE BRIDGE Summary With the replacement of the Manette Bridge by the Washington State Department of Transportation ( WSDOT), the City initiated the concept of a roundabout being utilized at the east side intersection to improve traffic flows WSDOT found there was sufficient room for the roundabout, however it would require the closure of Lower Wheaton Way from Harkins to East 11 Street This was found as acceptable to the City as this area would be available to be incorporated into the reconstructed Whitey Domstad Viewscape Park as a portion of the existing park was required for the new bridge abutment and revised intersection However, the closure of this roadway would result in the loss of eight existing on- street angle parking located along the east side In an effort to minimize the loss of these spaces, the City proposed to have 11 Street become one way westbound from Pitt Avenue to Shore Drive, and incorporate angle in parking on the south side of the roadway This would increase the number of parking spots here from two to five These concepts were discussed with Manette community members and representatives in the early design stages of the project and found acceptable Completion of formal acceptance by City Council has been delayed to allow for any last- minute construction changes to the street plans No changes have been identified and with completion of the project, Whitey Domstad Park and all roadway improvements in February 2012, this approval should not be delayed further Fiscal Summary All costs for completing this change, including signage and striping are covered by WSDOT with the bridge replacement project Assistance with WSDOT for Manette Bridge Replacement I RESOLUTION NO. 31(Q a -- A RESOLUTION of the City Council of the City of Bremerton, Washington, to modify the eastern approach to the Manette Bridge to incorporate a rotary traffic island (roundabout) and modify East 11 th Street between Pitt Avenue and Shore Drive to be a westbound one -way street and to include angle parking WHEREAS, to improve traffic circulation at the eastern approach to the Manette Bridge, and WHEREAS, construction of the new bridge abutment and roundabout eliminated Lower Wheaton Way between Harkins Street and East 11 ch Street, and WHEREAS, there is a need for additional on -street parking on East 11 Street between Pitt Avenue and Shore Drive, and WHEREAS, until recently the public parking spaces on East 11 th Street between Pitt Avenue and Shore Drive consisted solely of parallel parking spaces, and WHEREAS, until recently East 11 to Street between Pitt Avenue and Shore Drive was a two -way street, with vehicular traffic traveling eastbound - arid westbound, — and WHEREAS, BMC 10 04 010 adopts the Model Traffic Ordinance as set out in the Washington Administrative Code (WAC) Chapter 308 -330, and WHEREAS, in order to permit angle parking on a city street, WAC 308- 330- 270(4) and RCW 46 61 575 requires a resolution by the City after the City's Traffic Engineer has conducted an engineering and traffic investigation, and WHEREAS, in order to create a roundabout and one -way city street, WAC 308 - 330 - 270(8) and RCW 46 61 135 requires a resolution by the City after the City's Traffic Engineer has conducted an engineering and traffic investigation; and WHEREAS, the City Engineer in conjunction with the Washington State Department of Transportation (WSDOT) has conducted an engineering and traffic investigation regarding the modifying of the eastern approach to the Manette Bridge to a roundabout and modifying East 11 th Street between Pitt Avenue and Shore Drive to be a westbound one -way street and to include angle parking, and WHEREAS, changing East 11 h Street parallel parking spaces to angle parking spaces would significantly increase the amount of on -street parking spaces on East 11 cn Street, and 1 Fifth Street WHEREAS, changing the parallel parking spaces to angle parking spaces reduces the area available for vehicular traffic on East 11 Street, making two -way traffic a safety hazard, and WHEREAS, making East 11 Street between Pitt Avenue and Shore Drive a westbound one -way street would eliminate the safety hazard, and WHEREAS, the City Council finds that modifying the eastern approach to the Manette Bridge and modifying East 11 th Street between Pitt Avenue and Shore Drive to be a westbound one -way street and to include angle parking increases available public parking spaces on East l Ith Street and creates a safer street, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTION 1. The roundabout and one -way street including angle parking on East 1 l Street between Pitt Avenue and Shore Drive shall be created as determined by the City Engineer and consistent with the City Engineer and WSDOT's engineering and traffic investigation SECTION 2. SeverabdiN If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect SECTION 3. ffective Date This Resolution shall take effect and be in force immediately upon its passage PASSED by the City Council of the City of Bremerton, Washington this day of , 2012 Council President APPROVED AS TO FORM ATTEST ROGER A LUBOVICH, City Attorney Shannon Corin, Interim City Clerk 2 Fifth Street Ta24Na RA W.M. BREMERTON BEGIN EDGE U YE END EDGE LINE YELLOW ' f WN 16 +57 00 (5 19 LT) i END EDGE LINE WHITE i 2l C 36+90 00 (11 91 LT) END EDGE LINE YELLOW (2) END EDGE LINE YELLOW 2 °'` $ i WN 17 +9400 000 16 � J ?^ f y � / BEGIN EDGE LINE YELLOW END EDGE LINE YELLOW R11 y i' END CONSTRUCTION END EDGE LINE �7. �, R=64 98' WN 16+27 00 (19 67 LT) WN 17 +40.08 4 C 35 +25 00 (1100 RT) `� END EDGE LINE YELLOW 2 1 0� / R =78 5' C 37 +31 00 (14 91 LT) i �/ BEGIN EDGE LINE YELLOW 2 1 1 16' 7 WN 16 +55 00 (0 55 RT) END DOU13LE YELLOW CENTE NE 12' 17' 4 6mb BEGIN EDGE LINE YELLOW(2) R =100 6' 16 ' �' BEGIN EDGE LINE YELLOW 1 C 36+39 00 ` (0 0 LT) O O R 115' ' 15' END EUGE UNE YELLOW 16+4500 (0 00 RT) ` 917' \ 10 15' BEGIN EDGE LINE YELLOW 2 WIN 16 +21 00 (0 0 LT) O / 3 ; WN 15+80 52 POT . HS 10+0000 POT R =120' 1 � END BR-0303(005 =4 END PROJECT / 5 15' / R=49 5' END EDGE LINE YELLOW W STA ' C 37 +94.38 P.O.T. = O h BEGIN ED LINE YE W Q HS 10+1800 (4 67 LT) @ STA WN 15 +62.56 P.O.T. LLO 12' END EDGE LINE YELLOW END EDGE UNE YELLOW 2 '' C 3 a36ft (4 53 RT) © — _ — 1 HS 10+27 00 (3 20 LT) WN 15+59A3 POT= -- BEGIN EDGE LINE YELLOW SD 15 +59.03 POT % ,16 �� HS 10 +37 00 (2 72 LT) SO 14+00.00 P 0 T = ; / END EDGE LINE YELLOW 11 ST 16+0000 POT / O J ` HS 10+37 00 (2 72 LT) �O BEGIN CONSTRUCTION / =60 5' BEGIN EDGE LINE YELLOW SD 13 +75 .00 ;I BEGIN EDGE LINE YELLOW 2 ` `\ HS 10+3900 (6 30 RT)(2) 4p HS 10+1800 (11 55 RT) Q� . \ \� ;� \ END CONSTRUCTION END EDGE LINE YELLOW `� �� y� `� �\ HS 11 +10.18 BEGIN EDGE LINE YELLOW ` G HS 10+2700 (8 28 RT) ® ` �� Nj� y tn ��� END DOUBLE YELLOW CENTER LINE ;/ — �� •�� � END EDGE LINE YELLOW 2 HS 11+1000 (0 0 LT) �� � � �+ ��� `� d` BEGIN DOUBLE YELLOW CENTER LINE HS 10 +8000 (0 0 LT) qP LEGEND ' PLASTIC CROSSWALK LINE " " " " " "" PLASTIC YIELD LINE `� � \�\ END CONSTRUCTION PLASTIC STOP LINE L \\ 11 ST 17 +68 .00 ��' / SYMBOL PLASTIC TRAFFIC ARROW O QUANTITY TAB NOTE FLAG \ \ 0 25 50 SCALE IN FEET FILE NAME iOL282 91CAD1PS&ESheets10L2829 PS uKdgn DATE 3MSS120010 M a acre ® MANETTE BRIDGE 30314.0 "M FED.AID PROJ.NO lot PLOTTED BY Jaga°IJ 10 SH °' BRIDGE REPLACEMENT MK2 DESIGNED BY J DUCHOW JOB Mo== GAP ENTERED BY J JAQUET 09C526 Washington State see. CHECKED BY E YATES oarta. as wares Na DAYT Al of Transportation J 99 or PROD s ELLIOT T �`'° ` "� PAVEMENT MARKING PLANS ' REGIONAL NAL ADM K. DAYTON REVISION °"ra DATE BY raer� a°z •aer�ar e°x i WN 17+3245 28 55 RT rJ RADIUS TABLE A� W. BACK OF EXISTING RETAINING WALL 6 T . 24 N. ° R . Ea M 1M4 17+ 2 1 RT �_,j RADIUS CURVE NOTES ° o NAME LENGTH START END 13ACK OF PAVEMENT SEAT o O S�yG R 8 10550 R 5+9552 R 6 +24 45 22 89 RT 1 BEGIN BRIDGE APPROACH SLAB 75 R 9 3500 R 5+6020 R 5+9552 1 R 14 R 10 4600 R 5 +33 80 29 42 LT R 5+6020 1 Jt s� R 11 6600 R 6+45 86 32 84 LT R 6+7657 1 C 37+0284 � R 12 4400 R 6+7657 R 6+9838 1 E APPROACH SLAB END BRIDG BEGIN PAVING �� lvO+ R 13 9900 R 6+9838 R 7 +30 80 85 8 LT 1 R 14 11500 WN 17 +12 43 18 36 RT WN 17+40 08 2107 RT 1 R 21 R 13 R 15 4600 R 7+6145 1126 LT R 7 +76 08 4 02 LT 1 R 16 3400 R 7 +76 08 4 02 LT R 5+10 71 22 53 LT 1 R 19 �� R 17 2600 HS 10+3910 13 68 LT HS 10+96 03 17 08 LT 1 R 20 6 P6 `rS 6 6 P5 R 18 2400 HS 1049603 1708 LT HS 11 +1018 21 74 LT 1 P1 R 12 ,6 P7 R 19 1300 C 36+9859 1475 LT C 37 +0812 30 99 LT 3 P3 P2 P4 R 27 S R 20 3700 R 6+58 63 23 88 LT R 6 +77 50 7 0 LT 3 R 11 R 26 S R 21 7000 R 6+99 20 7 0 LT R 7 +26 28 50 34 LT 3 J� R 22 9350 R 5+96 70 13 0 LT R 6 +2018 32 69 LT 3 P19 s 1 g R 23 4800 R 5+4461 1322 LT R 5+96 70 13 0 LT 3 P8 x d MA 16+ E R 24 1600 HS 10+63 09 18 77 RT HS 1 D+7517 24 27 RT 1 MATCH EXISTING 7 S R 25 1545 R 7+68 57 14 62 LT R 7+8112 18 91 LT 3 P9 R 26 2600 WN 16 +57 35 15 00 RT WN 16+63 24 15 68 RT 1 6 R 7 +52 45 52 45 P O C 53 POT= R 27 24 00 WN 16+63 24 15 68 RT W 8 R 15 9 R N 16+68 62 16 30 RT 1 !� C 37+3383 POT= P18 HS 10+00 00 P O T = 1 RADIUS TO GUTTER EDGE R 6+3104 P O C WN 15+80 52 P O T 2 RADIUS TO CURB FACE R 25 3 RADIUS TO BACK OF SIDEWALK P10 HS 10+18 33 POT= R 5 +1906 P O C R 22 R y , LEGEND P17 WALL PATTERNED AND PIGMENTED W1 12 SEE SHEET SEW1 '�' R 16 �} ® CONCRETE y PAVEMENT REPAIR GUTTER EDGE ELEVATION TABLE P16 P11 PLANING BITUMINOUS PAVEMENT POINT STATION OFFSET ELEVATION + + + + + PLANING BITUMINOUS PAVEMENT P1 C 36+98 65 12 85 LT 4884 R 23 P15 P2 R 6+9838 0 00 4822 P12 y PRECAST CONCRETE PANEL FACED P3 R 6+8459 000 4815 STRUCTURAL EARTH WALL P4 R 7 +2510 1738 LT 4822 SEW BARRIER P5 R 7+2952 30 60 LT 4844 P14 gP�1 CURB AND GUTTER P6 R 7+31 4199 LT 4929 P7 WN 16+68 62 16 30 RT 4929 P73 -SAW SAWCUT LINE P8 WN 16+4884 75 0 RT 4856 101 1$B C 37+9438 POT-_ - - - - - EXISTING CURB FACE 797 R 7+61 45 1126 LT 4824 sP `9 �'p WN 15+62 56 P O T 1 1 6 MONUMENT P10 R 7 +77 04 4 05 LT 4818 4 P71 R 5+10 71 22 53 LT 4814 WALL W2 HS 10+53 00 ® MONUMENT CASE AND COVER P12 HS 10+5300 1312 LT 4804 SEE SHEET SEW2 10 EXISTING WATER VALVE P14 R S 5+ _ 1 0+5 300 80 2941 LT 4721 HS 8 26 @ EXISTING WATER METER P15 R 5+3792 14 68 LT 4775 (29 9 85 5 RT) R 17 "ss` EXISTING SANITARY SEWER MANHOLE P16 R 5+6020 0 00 48 21 R 24 P17 R 5+86 92 000 4816 ROUNDABOUT LAYOUT �� R 18 6� �\ O QUANTITY NOTE P19 C 37+03 24 17 00 T 4867 PLAN VIEW �� 1 ` . � HS 11 +1018 -� MATCH EIISTING 0 125 25 ALL DIMENSIONS IN FEET UNLESS OTHERWISE NOTED FILE NAME g 1012879kad1PS8ESheetsWL2829 PS PV.d n SCALE IN FEET TIME 8 25.48 AM Plot 2 DATE 218/2010 " EO U 10M FED.AID PROJ.NO T Amok MANETTE BRIDGE 303/4A PLOTTED BY J 13 NE LSON 10 as DESIGNED -Iw BRIDGE REPLACEMENT PV3 8111 p NE m , ENTERED BY J JAQUET 09CS26 Washington State CHECKED BY E YATES msTRA= sa cac"Tm ra °� �tbb O Department of Transportation PROD REGIONAL ADM K a DAY `' REG > `$0 PAYING PLANS 3; REGIONAL NAL DAYN REVISION DATE BY DATE re.srua sac AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ aa 0a000aaa2aa0a00aa0a08aa No, 3163 SUBJECT. Resolution approving Phase IV Study Session Date January 11, 2012 of the Bay Vista Final Plat COUNCIL MEETING Date .LarwaF�r °�z a/ / Department DCD Presenter Allison Daniels Phone 473 -5289 SUMMARY: The action before City Council is to approve Phase IV of the Bay Vista Final Plat The Bay Vista Sub -Are Plan was approved by City Council with Ordinance 5077 on February 25, 2009 Preliminary Plat approval was granted by the Administrative Hearings Examiner on July 9, 2009 for the subdivision of 82 acres Approvals that have previously been approved are the following • Existing Phase I 8 acres, 46 lots on May 5, 2010 (Resolution No 3114), and • Existing Phase II 20 acres, 24 lots on June 1, 2011 (Resolution No 3148), and • Existing Phase III 1 acres, 1 lot on October 19, 2011 (Resolution No 3153), and • Proposed Phase IV 6 acres, 3 lots The applicant has met all of the conditions of the Preliminary Plat approval for this phase and therefore the City Engineer and Community Development Director recommend Final Plat approval ATTACHMENTS: A Staff Memo, and B Proposed Res lution with Exhibit A (Bay Vista Phase IV Proposed Lots) #' - 31e 3 FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: 0 Move to adopt Resolution NA approving Phase IV of the Bay Vista Final Plat and authorizing the City Council President to sign the mylar STUDY SESSION ACTION: (f Consent Agenda ❑ General usiness F Public Hearing I COUNCIL PRESIDENT - 0 •� COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM To: City Council Study Session From: Allison Daniels, City Planner Date: January 11, 2012 Subject: Final Plat Approval for Phase IV of Bay Vista SUMMARY The action before Council is the Final Plat Approval for a portion of the Bay Vista Plat This phase includes 3 proposed lots with one associated open space, Sinclair Square, tract and right -of -ways City Council approval will allow the separation of the lot, which will enable the developer to apply for building permits to construct commercial and /or mixed -use residential structures, as outlined in the Bay Vista Sub Area Plan BACKGROUND INFORMATION The Bay Vista Sub -Area Plan was approved by City Council with Ordinance 5077 on February 25, 2009 See Exhibit A of the proposed resolution for the proposed lot location within Bay Vista Following the Sub -Area Plan, the project received Preliminary Plat approval on July 9, 2009 from the Administrative Hearing Examiner This approval stipulated that final approval would be granted only when specific conditions were met, such as infrastructure improvements (roads, sidewalks, street lighting, utilities, and landscaping) The Engineering and Planning Departments have reviewed this phase of the plat and agree that the conditions applicable to the phase have been met Staff finds this portion of the plat ready for recording and therefore recommends that this phase of the Final Plat be approved PROCESS - Final Plat Approval is required to ensure the project has met the conditions established by the Preliminary Plat Approval prior to allowing the development to move forward into the building permit stage RESOLUTION NO. 31 V3 A RESOLUTION of the City Council of the City of Bremerton, Washington, approving Phase IV of the Bay Vista Final Plat (File No. BP 11- 00054) WHEREAS, on February 25, 2009 the City Council passed Ordinance No 5077 granting approval of the Bay Vista Sub -Area Plan, and WHEREAS, On July 9, 2009 the Administrative Hearings Examiner granted Bay Vista Preliminary Plat approval after holding an open record public hearing to subdivide 82 acres, with associated open space tracts and right -of -ways, and WHEREAS, On May 5, 2010 the City Council passed Resolution No 3114 granting approval for a portion of Bay Vista known as Bay Vista South Final Plat Phase I for approximately 8 acres including 46 lots, 5 associated open space tracts, and right -of -ways, and WHEREAS, On June 1, 2011 the City Council passed Resolution No 3148 granting approval for a portion of Bay Vista known as Bay Vista West Phase II for approximately 20 acres including 24 lots, 4 associated open space tracts and right -of -ways, and WHEREAS, On October 19, 2011 the City Council passed Resolution No 3153 granting approval for a portion of Bay Vista known as Phase III for approximately 13 acres for one lot, and WHEREAS, Applicant is requesting Final Plat approval of a portion of the Bay Vista preliminary plat known as the Bay Vista Final Plat Phase IV consisting of approximately 6 acres that includes 3 lots and an open space tract with associated right -of -way, and WHEREAS, all applicable conditions set forth in the Preliminary Plat approval have been met and Final Plat approval is requested, WHEREAS, the City Engineer and Department of Community Development Director recommend approval of Phase IV of the Bay Vista Final Plat, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTION]. Phase IV of Bay Vista Final Plat as represented by the schematic drawing in Exhibit A (Site Plan Layout) is hereby approved SECTION The City Council President is hereby authorized to sign the Mylar 1 Phase IV - Bay Vista Final Plat SECTION 3. Severabilyy If any one or more sections, subsections, or sentence of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this day of , 2012 JIM McDONALD, Council President APPROVED AS TO FORM ATTEST ROGER A LUBOVICH, City Attorney SHANNON CORIN, Interim City Clerk R \Legal\Legal \Resolutions \Community Development \Bay Vista Phase IV Final Plat doc 2 Phase IV - Bay Vista Final Plat \ 250 125 0 250 \ SCALE 1'= 250' TO BE DEDICATED BY WINCO B 9 -PHASE 3 \ 9 � TEMPORARY ACCESS EASEMENT I SE 2 FUTURE PHASES "X/ SR3 - - - - PHASE 4 Exhibit A - Bay Vista Phase IV AGENDA BILL CITY OF BREMERTON CITY COUNCIL .5T SUBJECT: Appointments to Study Session Date Civil Service Commission COUNCIL MEETING Date . 8RWa^y'°,, -ter,- Department Executive Presenter Mayor Patty Lent Phone 473 -5266 SUMMARY: There is a vacancy on the Civil Service Commission and it is recommended the vacancy be filled by Maurice Correia Also, Holly James term on the Civil Service Commission has expired and it is recommended she be reappointed to another term ATTACHMENTS: Applications for Appointment available in the Mayor's office FISCAL IMPACTS (Include Budgeted Amount) APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION: Motion to confirm the appointment of Maurice Correia and the reappointment of Holly James to the Civil Service Commission STUDY SESSION ACTION: PlConsent Agenda ❑ / Ge�eral Business El Public Hearing COUNCIL PRESIDENT �' COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 I AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ �ar������r���.■ ������e�ss������e����������������������������e�r----------------------- j SUBJECT: BKAT Service Contract with Study Session Date January 25, 2012 Kitsap County COUNCIL MEETING Date February 1, 2012 Department Finance Presenter Charleen Bumette Phone 308 -0139 SUMMARY: The Service Contract for Kitsap County expired in December 2011 This is a new one (1) year contract Services provided by BKAT Kitsap county Commissioners, KC Hearing Examiner, KRCC, Budget Hearings, Commissioners' Corner and up to six (6) department specific programs per year ATTACHMENTS: Service Contract and Appendix A FISCAL IMPACTS (Include Budgeted Amount) $45,000 00 (billed quarterly) APPROVALS: r" DEPARTMENT DIRECTOR �- CITY ATTORNEY FINANCE DIRECTOR -� MAYOR RECOMMENDED MOTION: Move to approve the Service Contract between BKAT and Kitsap County and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented STUDY SESSION ACTION: � Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT 9 , &i/, 0 COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 BREMERTON KITSAP ACCESS TELEVISION SERVICE CONTRACT INTER -LOCAL AGREEMENT KC- 576 -11 This agreement is made and executed on this day of 2011, by and between the City of Bremerton (hereinafter referred to as the "City ") who operates Bremerton Kitsap Access Television (hereinafter referred to as "BKAT ") and Kitsap County (hereinafter referred to as the "County ") who agree as follows Section 1 —Scope of Services The City, through Bremerton Kitsap Access Television (hereinafter referred to as BKAT) shall provide governmental access television services including but not limited to video production and program scheduling related to the County's commitment's as outlined in this Agreement BKAT shall provide technical support, consultation, pre - production and post - production services, properly trained staff and volunteers including videographer for field assignments, proceeding /event DVD duplication and delivery no later than the 2 nd business day following completion of project to program sponsor, and coordination of programming hours and studio time BKAT's specified numbers of service commitments covered by this agreement are herein established Description Location Schedule Number per Year itsap County County Second & Fourth Commission Administration Monday of each Meetings Buildinq month 24 County / Second & Fourth Kitsap County Administration Thursdays Hearing Examiner Building 24 Special Meetings / Public Hearings Outside of Normal As requested ' Chambers Up to 3 per year Kitsap Regional Norm Dicks 4` Tues every Coordinating Government other month (and 6 Council Center any special meetings or public hearings Kitsap County County Commission Administration As scheduled by Budget Budding the County 10 Hearin cis 2 per month, Commissioners Various rotating between Corner Commissioners 18 Around Kitsap or Various Locations Specific County throughout the Dept program County As-requested 6 The County shall retain control over program content and designate one person to authorize and schedule programs produced under this agreement BKAT works with the County to establish regular and consistent playback times for all programming produced under this contract A schedule of regularly scheduled playback times for recurring programming is included in Appendix A Production requests by the County that exceed the aggregate value of those covered by this service contract will be taken on a per production and availability basis Fees for these services are separate from this agreement and billed at $100 00 per hour Cost of duplicating a DVD beyond the copy provided with each production is $35 00 Content of all County programs /meetings and projects with BKAT are the sole property of the County The County has all rights for reuse, rebroadcast or any other use of programming completed under this contract Any request for public disclosure of any information produced through this agreement shall be forwarded to the County's Public Disclosure Coordinator for a response Section 2— Payment Obligations The annual payment for services provided in 2012 is $45,000 00 The City will submit quarterly invoices and a detail worksheet in April, July, October and December to the County The City will use the annual amount divided by four to prepare quarterly billings to the County beginning with the April billing each year Kitsap County is responsible to ensure payments are completed within thirty (30) days of invoice receipt Section 3 —Term This Service Agreement shall be for a period of one year commencing January 1, 2012 and terminating December 31, 2012 Section 4— Termination Either party to this Service Agreement may terminate the agreement without cause upon giving one hundred twenty (120) days written notice to the other party Section 5— Severability In the event any provision in this Agreement is deemed unconstitutional, illegal, or void as a matter of law, the parties agree that all of the provisions of this Agreement that are not affected by such occurrence shall constitute a full and complete Agreement between the parties Section 6— Indemnify and Hold Harmless The County and City shall each indemnify, defend, and hold the other harmless from and against any and all claims, suits, actions, causes of action, losses, damage, or liabilities arising or resulting from any alleged negligent or intentional acts or omissions arising out of the performance or non performance of their respective responsibilities as set out in this agreement Solely for the purposes of this section, each party waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington and acknowledges that this waiver was mutually negotiated by the parties This section shall survive termination or expiration of this Agreement Section 7— Notices All notices and other communications to be given by either party may be given in writing addressed to the appropriate party as follows Director of Financial Services City of Bremerton 3456 th Street, Suite 600 Bremerton, Washington 98337 Department of Information Services & Facilities Maintenance Kitsap County ATTN Public Communications Manager 614 Division Street MS -7 Port Orchard, Washington 98366 Dated this day of 1 2011 Dated this day of , 2011 KITSAP COUNTY CITY OF BREMERTON BOARD OF COMMISSIONERS Patty Lent, Mayor Charlotte Garrido, Chair APPROVED AS TO FORM Robert Gelder, Commissioner Roger A Lubovich, City Attorney Josh Brown, Commissioner ATTEST Dana Daniels, Clerk of the Board Appendix A — Programming Broadcast Schedule Kitsap County Commissioners • Regular Meetings on the 2 nd and 4 th Monday air live • Recorded programs air every Tuesday at 1 00 a m and 11 00 a m • Recorded programs air on the 1 St and 4 th Monday at 7 00 p m Kitsap County Hearing Examiner • Recorded programs air every Wednesday at 12 00 p m Kitsap Regional Coordinating Council • Recorded programs for each meeting airs a minimum of four (4) times Because the dates of the meeting vary the airing schedule also varies When meeting dates are announced airing dates will be provided to the Kitsap County Coordinating Council and Kitsap County KC Budget Hearings • Recorded programs for each hearing will air a minimum of four (4) times The exact dates and times for airing will be established prior to the beginning of the hearings Commissioner's Corner • Recorded programs air every Monday at 6 30 p m and every Tuesday at 2 00 pm Around Kitsap • Recorded programs air every Monday at 6 00 p m and every Tuesday at 1030am i AGENDA BILL CITY OF BREMERTON CITY COUNCIL r ■■ eeeeeeeeeeeeeeeseeeeeeoeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee■ SUBJECT Amendment No 4 to Study Session Date January 25, 2012 Professional Services Agreement with Willis COUNCIL MEETING Date February 1, 2012 of Seattle, Inc for insurance broker services Department City Attorney's Office Presenter Roger Lubovich and Thelma Swem Phone 473 -2345 SUMMARY The City entered into a contract with Willis of Seattle, Inc for insurance broker services in 2003 Since that time, Willis of Seattle has extended its agreement with the City without a rate increase The proposed amendment extends the agreement for two years at the same rate as initially negotiated, $25,000 per year ATTACHMENTS 1 Proposed Amendment No 4 to Professional Services Agreement 2 Professional Services Agreement with Amendments 1, 2, and 3 FISCAL IMPACTS (Include Budgeted Amount) The Risk Management Fund has adequate funds budgeted to pay for the services contemplated APPROVALS DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR 0 r7l� — — RECOMMENDED MOTION Move to approve Amendment No 4 to the Professional Services Agreement with Willis of Seattle, Inc for insurance broker services and authorize the Mayor to finalize and execute the amendment with substantially the same terms and conditions as presented STUDY SESSION ACTION Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT L COUNCIL ACTION. ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 AMENDMENT NO.4 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF BREMERTON AND WILLIS OF SEATTLE, INC. THIS AMENDMENT Number 4, entered into as of the day of February 2012, to the certain Professional Services Agreement commencing March 1, 2003, between the City of Bremerton and Willis of Seattle, Inc for broker services is based upon the following recital of facts 1 The current professiongj,services contract expires on March 1, 2012 and there is a mutual desire to amend the Agreement to extend the term during which services are to be performed by Willis of"Seattle, Inc NOW THEREFOREjoriand• in consideration of the mutual agreement contained herein, the parties do hereby agree ree 1 The term of the Professional Services Agreement is extended to March 1, 2014 2 The City of Bremerton shall pay Willis of Seattle, Inc $25,000 per year, for the services detailed in Exhibit A of the Professional Services Agreement and rendered during this extension period 3 Willis of Seattle shall maintain the business records required in Section VII of the Professional Services Agreement for a minimum of seven (7) years subsequent to March 1, 2014 4 All other terms of the Agreement as amended shall remain in full force and effect IN WITNESS THEREOF, the parties hereto have executed this Amendment Number 4 as of the date and year first written above WILLIS OF SEATTLE, INC. CITY OF BREMERTON By PATTY LENT, Mayor Its DATE DATE ATTEST SHANNON CORIN, Interim City Clerk APPROVED AS TO FORM i i ROGER A LUBOVICH, City Attorney R \Legal \Legal \Contracts \RISK \Willis of Seattle - amend 4 doc i PROFESSIONAL SERVICES AGREEMENT i The City of Bremerton ( "City ") and Willis of Seattle, Inc ( "Brdkeri'); referred to collectively as the "Parties," enter into the following Agreement for professional services I. Scope: Broker agrees to perform the services morelspecifically describediin the Scope of c - i -- W - urk, - 3ncludtffg thereto i o e daIConhi aftache -Fo - �� - - -- as Exhibit A, which is incorporated herein by this reference as if fully set forth Broker further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed II. Term: The City and Broker agree that work will begin on March 1, 2003, and continue for a three year period unless terminated earlier as provided in Section IX III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Broker $25,000 for each year that services are provided Any and all commissions received by Broker from insurance companies for business placed on behalf of the City will be accounted for, disclosed to the City, and credited to City's account within thirty (30) days of their receipt by Broker Broker further agrees to credit any excess commissions to City within thirty (30) days of their receipt by Broker The term "commission" shall not mean contingent or volume bonuses shared by the insurance carriers or wholesalers on Broker's overall book of business IV. Relationship of Parties: Broker is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise Broker and its personnel are independent Brokers and not employees of the City Broker and its personnel have no authority to bind the City or to control the City's employees None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub - contractors of the Broker Broker will be solely and entirely responsible for its acts and for the acts of Broker's agents, employees, and representatives during the performance of this Agreement. As an independent Broker, Broker is responsible for its own management The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Broker or its personnel As an independent contractor, Broker is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement These taxes and fees include but are not limited to State industrial insurance, B &O, State professional licensing, and City business licensing If any taxes or fees due the City have been declared delinquent, the City Bremerton/Willis of Seattle, Inc Page 1 of 6 may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Broker V. Indemnification: Broker shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless trom any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Broker's performance of thus Agreement except for that portion of the injuries and damages caused by the City's sole negligence ' The City's inspeTese-co-venants. on,or acceptance of any of Broker's work when completed shall not be - -- — g rounds -to - avid- any-of � of-indemnif1cation -- __ The provisions of this section shall survive the expiration or ternunation of this Agreement ' VI. Insurance: Prior to and during the performance of the work covered by this Agreement, Broker shall provide the Risk Manager for the City of Bremerton with evidence that it has obtained and maintains in full force and effect during the term of this Agreement, a policy of professional liability insurance, and/or errors and omissions insurance, providing coverage of at least $1,000,000 against professional liability or errors and omissions to connection with the work to be performed by Broker under this Agreement Risk Manager shall be provided thirty (30) days' wntten notice of any cancellation of said professional liability insurance The City reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage VII. General Conditions: A Reports and Information Broker will maintain the usual written records customary in the business of an insurance broker to include, but not be linuted to, records of policies, premium audits, loss data and other pertinent correspondence which affects the coverage hereunder These records will be maintained for a minimum of seven (7) years subsequent to February 1, 2006 B Entire Agreement This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement C Severabilrtv Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect D Modification This Agreement may only be modified by written instrument signed by both Parties 0 Bremerton/Willis of Seattle, Inc Page 2 of 6 E Written Notices All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless notified to the contrary Any written notice hereunder shall become effective upon the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing City Address Broker Address y Risk Manager Wallas of`Seattle, Inc ' City of Bremerton PO Box 34201 239 Fourth Street Seattle, WA 98� 24 Bremerton WA 98337 � a t ec .F F Waiver Failure to enforce any provision of this Agreement shall repot be deemed a waiver of that provision Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power G Non - Waiver of Breach The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect H. Compliance with Laws Broker shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement I Choice of Law and Venue This Agreement shall be interpreted according to the laws of the State of Washington Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court J Attorneys' Fees In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees VIII. Nondiscrimination: Broker shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification IX. Termination: This Agreement may be terminated, at will, by either Party upon 30 days' notice to the other Party This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non - performing Party does not commence correction of the failure of performance within five days of the terminating Party's sending notice to the non - performing Party A Rights _ Upon Termination In the event of termination, the City shall pay for all Services performed by the Broker to the effective date of termination, as described on a final invoice submitted to the City After termination, the City may take possession of all records and data witlun the Broker's possession pertaining to this Agreement which may be used by the City Bremerton/Willis of Seattle, Inc Page 3 of 6 without restriction Upon termination the City will be entitled to reports showing the status of all items listed in the Scope of Work through the termination date CITY OF B TON ISO S TILE, C. By Cary ozeman ' By QHtIS A 1xS71 ( its Mayor its P E.n APPROVED AS TO FORM Roger A Lubovich, City Attorney R 1L.EGAUContractsMillis of Seattle doc Bremerton/Willis of Seattle, Inc Page 4 of 6 EXHIBIT A Scope of Work Broker agrees to provide the City with the following services 1 Develop and recommend to the City, insurance and other risk financing or loss funding programs, contracts, techniques and methods whenever they will benefit the City 2 Develop underwriting information, prepare specifications for marketing insurance coverage, structure offerings to insurers and secure insurance desired, providing an analysis of coverage scope, cost and services Developing underwriting information is to ____ incl an analysis of City's -poss�b�e exposure toter s is of lo �_��Qp Qf the specifications shall be presented to the City 3 When possible, design insurance policy wording to meet the specific needs and requirements of the City 4 Review each insurance policy, binder, certificate or other insuring document to see that wording is complete and accurate and that coverage is in compliance with specifications Deliver binders and insurance policies to the City as soon as possible 5 Monitor all insurance and other risk financing or loss funding arrangements to assure their continuing adequacy in terms of cost and protection 6 Structure insurance programs to eliminate gaps and overlaps in coverage and to provide the limits or amounts of coverage requested by the City 7 Service each policy issued to the City (i e , process changes and endorsement) 8 Issue Certificates of Insurance as requested by City 9 Maintain the usual written records customary in the business of an insurance brokerage operation, as well as any other records which the City may deem necessary to the proper handling of and accounting for the insurance placed by the Broker 10 Be available for consultation on a daily basis in carrying out the obligations set forth in this Agreement 11 Verify the accuracy of each invoice Broker shall make every reasonable effort to assure that all billings sent to the City are correct Each invoice shall show a Insurer b Policy Number c Policy Period d Coverage Provided 12 As requested by the City, assist in the development of insurance and hold harmless clauses for City contracts 13 Assist the City as needed in compiling loss costs, in preparing claims to adjusters, in negotiating settlements, and in pursuing payment 14 Provide answers to City on insurance coverage and risk management questions 15 Obtain competitive insurance quotations from various insurers when feasible 16 As requested, provide studies of alternative loss funding plans mcluding, but not limited to, captive feasibility, bonding feasibility, S1R/limits determination and retention level studies, and loss frequency and seventy projections 17 Attend meetings with City as required 18 Assist with and make recommendations on various risk management functions of City, as requested Bremerton/Willis of Seattle, Inc Page 5 of 6 r 19 Provide City with seine -annual activity reports on the performance of the Broker function These reports shall detail the progress and status of all work required under this Agreement 20 Provide early warning of pending rate, coverage or renewal problems, including significant changes in the financial status of mayor insurers Without limiting the generality of the above - responsibility, Broker shall issue, at least ninety (90) days prior to each insurance policy expiraUbn or anniversary, a written report stating anticipated renewal terms, and,condiUonsaand stating any intentions or requirements to change insurance doverage in any wayo Broker shall further keep City informed on new or changing markets, forms, products, laws, government regulations and any other info miatio Atlnay affe=- Lhe_ns c,m,anagem=- f..unciion as _known or _sbDu1dJ2e kno according to industry standards by Broker Periodic reports will be given thereafter by the Broker to keep the City's risk management office fully informed on status of such renewals or anniversary changes 21 Act as liaison with insurance companies 22 Provide annual updating of the City's insurable value 23 Assist City in the settlement of self - administered claims This service may include the morutonng of particularly severe claims by the Broker or its claims'service affiliates so as to provide assistance to City's Risk Manager in negotiating settlements or establishing a defense strategy 24 Assist City in obtaining settlement from the insurance carrier for those losses which are not self - administered 25 In consultation with the Risk Manager, Broker will develop specific loss prevention recommendations for City government and provide assistance to Risk Manager in development of loss prevention seminars in selected areas 26 Broker shall monitor the loss control services provided by the insurance career or service company Broker further will monitor all inspection reports. 27 Assist the City with environmental loss control services by reviewing projects and programs and making recommendations for proper respiratory, medical, air monitoring, substance removal, recordkeeping, and training requirements Provide project site audits as necessary i I I I Bremerton/Willis of Seattle, Inc Page 6 of 6 I AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF BREMERTON AND WILLIS OF SEATTLE, INC. THIS AMENDMENT #l, entered into as of they, day of October, 2005, to the certain Professional Services Agreement commencing March 1, 2003, between the City of Bremerton and Willis of Seattle, Inc for broker services is based upon the following recital of facts 1 There is a mutual desire to amend the Agreement to extehdAthe term during °�&-ch ' services are to be performed by Willis of Seattle, Inc `--� - NOW EPXFO Z , off' r and m conmdm atimrofth�mutuai agreem contained'IzeiA- tie''' - - -- parties do hereby agree 1 The Agreement is extended from March 1, 2006 to March 1, 2008 2 The City of Bremerton shall pay Willis of Seattle, Inc $25,000 per year, for the services` ` detailed in Exhibit A of the Professional Services Agreement and rendered during this extension period 3 Willis of Seattle shall maintain the business records required in Section VII of the Professional Services Agreement for a minimum of seven (7) years subsequent to March 1, 2008 4 All other terms of the Agreement as amended shall remain in full force and effect IN WITNESS THEREOF, the parties hereto have executed this Amendment #1 as of the date and year first written above WILLIS OF SEATTLE, INC. CITY OF BREMER N By CARY BO EM ,Mayor Its DATE 1 � DATE- ICS - a � - ATTES ULA JO STON, City Clerk AP 4LUBOVICH, O FORM ROG$R City Attorne R \LEGAL\ContractsMillis of Seattle - amend I doe AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF BREMERTON AND WILLIS OF SEATTLE, INC. THIS AMENDMENT #2 , entered into as of the ay of October, 2007, to the certain Professional Services Agreement commencing March 1, 2003, between the City of Bremerton and Willis of Seattle, Inc for broker services is based upon thdl tLAIo,9ing rccital o`f a�is I 'I here is a mutual desire fo amend the Agreement to extend the term during which services are to be pertormed by Willis o Scattle, inc i NOW THEREFORE for and in consideration of the mutual agreement contained herein, the parties do hereby agree I The Agreement is extended from March 1, 2008 to Match 1, 2010 2. The City of Bremerton shall pay Willis of Seattle, Inc $25,000 per year, for the services detailed in Exhibit A of the Professional Services Agreement and rendered during this extension period 3. Willis of Seattle shall maintain the business records required in Section VII of the Professional Services Agreement foi a minimum of seven (7) years subsequent to March 1, 2010 4. All other terms of the Agreement as amended shall remain in full force and effect IN WITNESS THEREOF the parties hereto have executed this Amendment #2 as of the date and year first written above WILLIS F TTLE, INC. CITY F REM i By CARY BdZEMAN, MAYOR Its DATE DATE ATTEST City Clerk APP S TO F RM ER tVLUBOVICH, City Attorney AMENDMENT NO.3 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF BREMERTON AND WILLIS OF SEATTLE, INC. THIS AMENDMENT Number 3, entered into as of the 28th day of February 2010, to the certain Professional Services Agreement commencing March 1, 2003, between the City of Bremerton and Willis of Seattle, Inc for broker services is based upon the following recital of facts 1 The current professional services contract expires on March 1, 2010 and there is a mutual 1 , r desire to amend the Agreement to extend the term during wlucj, services are performed by Willis of Seattle, Inc i3 JNOW THEREFOR for and i n consideration of t he m utual a greemenVeo here i th parties do hereby agree ` 1 The term of the Professional Services Agreement is extended to March 1, 2012 2 The City of Bremerton shall pay Willis of Seattle, Inc $25,000 per year, for the services detailed in Exhibit A of the Professional Services Agreement and rendered during this extension period 3 Willis of Seattle shall maintain the business records required in Section VII of the Professional Services Agreement for a minimum of seven (7) years subsequent to March 1, 2012 4 All other terms of the Agreement as amended shall remain in full force and effect IN WITNESS THEREOF, the parties hereto have executed this Amendment Number 2 as of the date and year first written above WILLIS OF SEATTLE, INC. CITY OF BREMERTON By. Rod Loone PATTY LE ",ayor Its Managing Partner DATE February 25, 2010 DATE- ATTEST CAROL TGEN, Ci Clerk APPROVE AS TO FORM- RObER A LUBOVICH, City Attorney R \Legal \Legal \Contracts\RISK \Willis of Seattle - amend 3 doc AGENDA BILL CITY OF BREMERTON CITY COUNCIL I seeeeeeeeeeeeeeeeseeeeeeeeeoeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeee■ SUBJECT: 2012 Excess Liability, Excess Study Session Date January 25, 2012 Workers' Compensation and Crime COUNCIL MEETING Date February 1, 2012 insurance Department City Attorney's Office Presenter Roger Lubovich and Thelma Swem Phone 473 -2345 SUMMARY The Bremerton Municipal Code authorizes the Risk Management Specialist, with the approval of the City Attorney, to bind insurance and then requires City Council approval for continuation of the bound coverage Excess liability coverage has been bound with Ironshore Specialty Insurance Company at an annual cost of $145,075 93 (including tax and fee) Excess workers' compensation insurance has been bound with Safety National Insurance Company for a deposit premium of $34,983 Crime insurance has been bound with Great American Insurance for $4,973 per year ATTACHMENTS* Insurance Order to Bind FISCAL IMPACTS (Include Budgeted Amount) Insurance premiums for 2012 were higher than anticipated, which reduces the available funding balance for claim payments in 2012 APPROVALS DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION Move to ap ve the continuation of excess liability, excess workers' compensation and crime insurance bound for 2012 for the City of Bremerton STUDY SESSION ACTION (Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT �,�f y �� COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 Order to Bind Please bind the fblmg coverage (check the appropriate box of the coverage and for option you are electing)* Carrier Limit PAW110 BJor Premium Deducft Eness Liability Immftre Specialy Ins. E Uabirlty $142,092 (bus LP Co. $5 million occ or wmngtul act / no general $250,000 ww tc x w) Aggregate Aggregates will include Products/Completed Ops - $5 million Public Officals EEO - $5 million Employment Practices - $5 million Employee Benefits Lrab - $5 million Excess'Norkers: Compensation Safety National Camaky Company Statutory Work Comp $450,000 except $34,983 DepoW $1 mM Employers UabiUty $750,000 MantnelUSl.&H Crime Insurance GreatAnerican $1,000,000 Employee Dishonesty $25,000 $4,973 $1,000,000 Computer Fraud $25,000 T� City of Bremen L� , Name: — find= � vv(�� s I Tito' G 611 S0P A0j L �- Cate. A Willis PWI22 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No SO to Study Session Date January 25, 2012 Establish March 7, 2012 as a Hearing Date COUNCIL MEETING Date: February 9, 2012 to vacate Broadway Avenue from 13 to le Department: PW &U Streets Presenter Gunnar Fndnksson Phone 473 -2354 SUMMARY: Olympic College has initiated the vacation of Broadway Avenue from 1 r Street to 16'" Street. The City requested a traffic analysis from the College to evaluate the area, and to determine what improvement needed to be made to Broadway Avenue to reduce non - college vehicles using the area This study was performed by Parametnx, Inc. in April 2010. The suggested improvement is to vacate Broadway Avenue and construct a new signal at I r and Warren for access to Warren Avenue ATTACHMENTS: Resolution No 31 b� , Exhibit Drawing, and Staff Report FISCAL IMPACTS (Include Budgeted Amount) The vacation of Broadway will remove approximately 900 feet of roadway from City maintenance requirements This savings will be offset by the maintenance requirements for the new signal at 13"' Street. Also see compensation section of attached staff report APPROVALS: � DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR - RECOMMENDED MOTION: Move top Resolution No �( to Establish March 7, 2012 as a Hearing Date to vacate Broadway Avenue between 13'" and 16 Streets STUDY SESSION ACTION: Consent Agenda ❑ General Business Public Hearing COUNCIL PRESIDENT q1 , (- A, COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Forth Updated 11/0212011 RESOLUTION NO. 310 A RESOLUTION of the City Council of the City of Bremerton, Washington, establishing a hearing date for the proposed vacation of Broadway Avenue from 13 Street to 16 Street WHEREAS, Olympic College has initiated a street vacation to add a new traffic signal at 13 Street and Warren Avenue to allow the existing roadway to become internal to the campus THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTION 1. A public hearing will be held on March 7, 2012 at 5 30 p in or later in the City Council Chambers at the Norm Dicks Government Center, First Floor, 345 Sixth Street, Bremerton, Washington, to take public comment or consider written objections to the vacation SECTION 2. Severabdq If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect SECTION 3. Effective Date This Resolution shall take effect and be in force immediately upon its passage PASSED by the City Council of the City of Bremerton, Washington this day of , 2012 JIM MCDONALD, Council President APPROVED AS TO FORM ATTEST ROGER A LUBOVICH, City Attorney SHANNON CORN, Interim City Clerk R TegalTegaRResolutionsTublic Works\Resolution Broadway Street Vacation doc 1 Broadway Avenue Vacation — Resolution Setting Hearing Date EXHIBIT A A vacation of that portion of Broadway Avenue lying north of the northerly margin of 13 Street and south of the southerly margin of 16 Street lying -in the Plat of Warren Smith's Acre Tracts as recorded in Volume 2, of the book of plats, Page 51, records of Krtsap County, Washington, situate in Section 14, Township 24 North, Range 1 East, W M, Kitsap County, Washington Vacation of Broadway Avenue between le and 16 Streets 16t St. 'v I b , o_ 4 8 AFN 8012180088 s ' 1 I 7 v t 2 g 3 I 9 I I 5 ' 4 I TRACT 6 I 10 UNKNOWN I AFN 8012180088 I AFN 8012050082 I ' 1 & 8012050087 15th St. s I I WARREN SMITH'S ACRE 7- I TRACTS DEDICATION I 5 I Class IArea = 31,563 s f I I i 7 Class it Area = 5,065 s f I Class III Area = 21 A86 s f I $ ev I ORDINANCE 387, 1911 3 TRACT 7 0 ` I� 'm s I 2 I I I I I I 10 I AFN 8012180088 1 I EXHIBIT' Portions of the SE 1/4 of the NE 1/4 13th St. Section 14, T 24 N, R 1 E, W M City of Bremerton, Kitsap County, Washington I STREET VACATION REQUEST BROADWAY AVENUE FROM 13 TO 16 STREET ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: January 18, 2012 PREPARED BY: Gunnar Fndriksson SUMMARY Applicant Olympic College c/o David C Mitchell 1600 Chester Avenue Bremerton, WA 98337 Location Broadway Avenue from 13 to 16 Street, lying in the Plat of Warren Smith's Acre Tracts as recorded in Volume 2, of the book of plats, Page 51, records of Kitsap County, Washington BACKGROUND The current master plan for the College has identified 13 Street as the south boundary, Ohio Avenue as the west, Warren Avenue as the primary east boundary and Port Washington Narrows on the north This plan was completed in September of 2008 In discussions with the City for new replacement parking lots between Broadway and Warren Avenues, and 13 and 15 Streets, the City requested a traffic analysis from the College to evaluate the area, and in particular what improvements needed to be made to Broadway to reduce non - college vehicles using the area The study was completed by Parametrix, Inc, in April of 2010 and found the best alternative would be to vacate Broadway with a new signal at 13 and Warren constructed for access to Warren Avenue This would allow the existing roadway to become internal to the campus, promoting connectivity and safety for the students The new signal would be coordinated with others in the corridor and would not deteriorate the current level of service on Warren Avenue The City of Bremerton created this portion of Broadway Avenue in March of 1911 with Ordinance 382 The alignment of the street was previously vacated in 1962 between 15 and 16 Streets for building construction The roadway in this section was moved easterly to its current position sometime after the vacation, but the right of way was not dedicated until 1980 Broadway between 13 and 15 was purchased by the City from the individual property owners under threat of condemnation in the 1910's and is Class I right of way The portion of Broadway between 15 and 16 was deeded to the City by the State of Washington in 1980 at no cost to the City, and improvements paid for by the College November 2011 Broadway Vacation —13 to 16 Street Page 1 of 5 Staff supports having this section treated as Class III right of way The plat dedicated 15 Street and as such, this is Class II right of way RIGHT OF WAY CONDITIONS • Functional Classification Local Access • Existing R -O -W Width Varies — mostly 50 feet • Proposed R -O -W Width N/A • Pavement Width 22 foot • Surface Type Asphalt and concrete • Curb and Gutter Yes • Sidewalks Yes HEARING CONSIDERATIONS BMC 1120 120 sets forth issues that the City Council needs to determine at the conclusion of the Vacation Hearing These issues and the staff position are 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position With construction of a new signal at 13 and Warren, traffic will be able to access Warren Avenue and the current roadway revert to usage by the campus 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position The proposed vacation does not conflict with the Comprehensive Plan 3. Whether continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. Staff Position The improvements will reduce the City's maintenance responsibility in this area as the existing roadway, sidewalks, curb and gutter would become the responsibility of the college 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position Circulation through this area will use 13 Street and the new signal at Warren Avenue to access the SR 303 corridor 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. November 2011 Broadway Vacation —13 to 16 Street Page 2 of 5 Staff Position No — property will remain vested with the College and be incorporated into the campus per the master plan 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position No objections have been received by staff There is one remaining residential property along the roadway and Olympic College is retaining an easement for them for access SHORELINE ACCESS This portion of right -of -way does not provide shoreline access UTILITIES All private utility companies were contacted Comcast and PSE will retain an easement for servicing the remaining residence The City of Bremerton will also retain an easement for water and sanitary sewer mains Catch basins and the storm system shall become the responsibility of the College Easements may be released upon arrangements made for utility relocations SUFFICIENCY OF SIGNATURES Olympic college owns all adjacent properties with the exception of the one residence COMPENSATION This vacation a mixture of Class I, Class II and Class III right -of -way No compensation is owing for Class III right of way Total compensation using 2011 Kitsap County value assessments from the adjacent parcels will be Class I Right of Way 37,323 sq ft x $16 /sq ft = $597,168 Class II Right of Way 5,065 sq ft x (0 5) x $16 /sq ft =$40,520 Sub -Total $637,688 Monies owed for the vacation will be reduced by the dedication of right of way at 17 and Warren Avenue, construction of the signal, and right of way dedicated by the College for 13 Street and Warren Avenue in conjunction with the new parking lot These amounts are 17 and Warren Avenue ROW 2,022 sq ft x$16 /sq ft = $32,352 Signal construction (estimated) = $350,000 13 th and Warren Avenue ROW credit(remainder from Ord #5149) =$229,630 Sub -Total ($) GRAND TOTAL $26,706 November 2011 Broadway Vacation —13 to 16 Street Page 3 of 5 No compensation will be required by the City to the College The College has requested any remaining costs owed be forgiven in accordance with BMC 1120 140(E) Resolution of compensation will be at completion of the signal installation construction This will be when all construction costs are actual and known STAFF RECOMMENDATION City Attorney, Police, Fire, Engineering and Community Development staff notes no objections to the proposal Staff recommends that this Street Vacation be approved as requested 'r � - � 0. ` r az _ OL _ Looking northerly from 13 th Street up Broadway Avenue November 2011 Broadway Vacation —13 to 16 Street Page 4 of 5 a obi xa axr -;.., q t a °Y i s` >< w ,. i ;Y ..y_ o F 5 SrRY3 S a � � � > t . � P r, e o � � y � �.: �` Y S r �' n ♦ C P '` t { �' *� ., i, q '�� E, t•'!„; e� � e -n ? I �'I ° � '- ^ay�'3PTb•a. � nA A .Po ti jRy' -^ c .� < � 4 �" `a xl 4 Y° te 'h# �5a� '�� , i��• - ` - c "x » x�,*� $"'' o ,r,�''�� ^b caa �> '• »� wys +ri +aYS ...,.yr�r ° y:�+a %� ,'mss rte° � h21 y k m Y4s° ti gbh t o y .�:g; °�" g .✓ 9 r c.: ,+ ,.}q".`aK Y �, e, - ° w, �,' ��> ,E- ' , '�g z pggA .a o '" �z a �sA � .� a„� �- - i �., ;a- ta,,g- •�,�..,�,�,r � a e° �` - ' ' k�� �� � � a. Looking northerly on Broadway at street jog_- 15 Street 7 ? 4, ' p H ® ' 77, cw --" ^i a r • . Y n ^s k,� "S 4a - 3 r br ° ry' 'f3lC'Fir#,rro+ x,�'° r. s. s v �`' f F A _.a r °�� 4 r S& y R ° ��Y i �' � � ° ' N s � y ynwti✓ -use c5» x �i� +,'° *�'' ��'+' ti� �`�sh�- �' ° ° r � Looking northerly from 15 Street up to 16 Street on Broadway November 2011 Broadway Vacation —13 to 16" Street Page 5 of 5 Page 1 of 1 Lori Smith From: Lon Smith on behalf of City Council Sent: Wednesday, January 11, 2012 5 50 PM To City Council Subject: FW Response to Letter - Street Vacation on Broadway Avenue (R Jeff Lawrey, CenturyLmk) Attachments. doc20120111170404 pdf Attn Council Members (FYI) - - - -- Original Message---- - From Gunnar Fridriksson Sent Wednesday, January 11, 2012 4 34 PM To 'r lwrey@centurylink com' Cc Katy Allen, City Council, Patty Lent, Leighann Denton Subject RE Letter - Street Vacation on Broadway Avenue (R Jeff Lawrey, CenturyLink) Mr Lawrey- Please see attached Qwest was notified of the vacation and comments received back from that notification in January of 2011 This was forwarded to the City and Qwest /Centurylink has been included in the reservation of easements If you have further questions, please feel free to contact me Sincerely, Gunnar Fridriksson City of Bremerton 360 473 2354 - - - -- Original Message---- - From Christine Grenier On Behalf Of City Council Sent Wednesday, January 11, 2012 3 59 PM To Gunnar Fridriksson Cc Katy Allen Subject Letter - Street Vacation on Broadway Avenue (R Jeff Lawrey, CenturyLink) Good afternoon, Gunnar The attached letter was received at the Council office this afternoon and will be included in the record for the January 18 Council Meeting Christine bcc Council Members Mayor Legal 1/11/2012 Emily Doe From Galbraith Brittany [Brittany Galbraith @gwest.com) Sent Thursday, January 13 2011 11 53 AM To Emily Doe Cc Galbraith, Brittany, O'Toole, Dan Subject RE ROW Vacation of Broadway Avenue Follow Up Flag Follow up Flag Status Completed Emily- We will need a 5'x30' easement on the east side of Broadway north of 13th st This is to place a new pole with anchor and down guy to support cable going south on Broadway (to facilities that go to the college) The pole will be placed on the east side of Broadway 30 -35ft from centerline, and north of 13th st 90ft from centerline Please let us know if that is possible Other than the above mentioned facilities, we have no current facilities on Broadway (13th to 16th) Brittany Galbraith 360 - 478 -4478 From: OToote, Dan Sent: Thursday, January 13, 2011 11 28 AM To: Galbraith, Brittany Subject. FIN ROW Vacation of Broadway Avenue From: Emily Doe [mailto emily @saarch com] Sent: Monday, January 10, 2011 3 49 PM To O 'Toole, Dan Cc Christopher Taucher Subject: ROW Vacation of Broadway Avenue Hi Dan, We spoke several months ago about d ROW vacation and utility pole relocation around the Olympic College Stodent Parking Lot Project The College is novr dsking the city to also vacate Broadway Avenue between 13` and 16` Avenue, see attached Please let me know whether Qwest has facilities In this area, and if so, whether an easement is required Please don't hesitate to call with any questions Thanks for your assistance, Emily Doe TEED AP, Assoc AIA Schacht I aslant architects, p c 901 Fifth Avenue Suite 2720 Seattle WA 98164 (206) 443 3448 lei (206) 443 3471 fax arr+ saarch Coll i i I I I 1 TM ®= Centur Link - "RECEWED CRY COUNCIL OffiCE" D ATE l /! t Ia January 10, 2012 Cc : C 41eKC; 1 Mu L� p a Bremerton City Council Ad K 345 Sixth Street, #600 Bremerton WA 98337 Attn Gunnar Fridnksson RE Vacation of Broadway Avenue from 13 Street to 16 Street Dear Mr Fridriksson, Qwest did not receive notice for the above referenced proposal Please be advised that Qwest Corporation currently has facilities in the area addressed by this action, and wishes to retain any and all rights to remain in that area and add facilities in the future as needed. At this time, Qwest has no issues with the proposed vacation as long as provisions are made to retain our rights by either PUE or private easement to cover our existing & future facilities. Please feel free to contact me as needed Thank you for your time Sincerely, Qwest Corporation R Jeff Lawrey Manager, Right -of -Way 1208 NE 64" St Rm 401 Seattle, WA 98115 206 - 345 -0333 r lawrey @centurylmk com 1208 NE 64th Street, 4th Floor Seattle, WA 98115 -6722 www centurylink com Page 1 of 3 Christine Grenier From: Katy Allen Sent: Tuesday, January 10, 2012 6 17 PM To: 'Iohnhl@seanet com' Cc: City Council, Thomas Knuckey, Gunnar Fridnksson Subject: RE Citizen Concern - Broadway Avenue Vacation (John Hayes Larson) John, Thank you for your email and posing very important questions regarding the vacation of Broadway Ave In our review of the vacation request, the Department of Public Works was mindful that the changes proposed by Olympic College be advantages to the COB, that the City is made whole in regards to vacating public right of way and that costs of traffic revisions (including the traffic signal) are covered by the college In addition, we needed to assure that we were consistent with past practices for those occasions when the compensation for street vacations was waived by the City of Bremerton Tomorrow night, Jan 12th, @ 5 00 pm, the entire council will be discussing this at their study session and on Jan 18 this item is on the agenda for council's decision At both this meetings, we will have Public Works staff available to answer questions Feel free to contact me at 473 -5315 or Gunnar Fridriksson (cc'ed above) so we can provide additional information and a more detailed response to your questions Sincerely, Katy Allen Public Works Director From: Lori Smith On Behalf Of City Council Sent: Tuesday, January 10, 2012 2:03 PM To: City Council Subject: FW. Citizen Concern - Broadway Avenue Vacation (John Hayes Larson) Attn Council Members, Mayor Lent, Becky Hasart, Katy Allen, and Gunnar Fridnksson (FYI) From: greg wheeler [ madto .electgregwheeler @gmad.com] Sent: Sunday, January 08, 2012 9.24 PM To: City Council Subject: Fwd: Broadway Ave Vacation John, These are valid concerns you have brought forward I will forward them to the rest of the City Council, Mayor and PW director Thank you for staying on top of this i Christine/Lori, I Please forward Mr Larson's email to the City Council, Mayor and PW Director for their review i I would like a printed copy of this email also I 1/11/2012 i Page 2 of 3 Thank you, Greg Waeeler Bremerton City Council District 5 On Sun, Jan 8, 2012 at 3 48 PM, < Gregandsunny @ aol carr wrote From Lhnhl @seanet com To Gregandsunnv@aol com CC iohnhl@seanet com Sent 1/8/2012 1 12 31 P M Pacific Standard Time Subs Broadway Ave Vacation Greg, Once again I am raising questions regarding the Compensation portion of the upcoming Broadway Ave Vacation 1 It seems that COB is taking on the responsibility for paying for traffic improvements projects that are a result of a developer's (Olympic College's) building program, in particular the new traffic light for 13t St & Warren Ave If this was a private development wouldn't the developer be required to mitigate the negative impact that their protect creates instead of the City In this case, the safety of OC students crossing between the OC's main campus and the newly constructed parking lot across Broadway Ave and the diversion of non - college traffic from within the newly expanded campus boundary is stated as the best way to mitigate the negative impacts All of this is for the benefit of OC's campus and is a result of OC's chosen design decisions This traffic light is being funded by the City Another way of looking at it, if this traffic light installation was brought forward to the City Council as a separate project and not attached to this Vacation Proposal, where on the list of priorities would it fall, what other roadway project would not be funded in its stead, and would it be approved by the City Council? 2 Somehow and without record keeping being provided within this Proposed Ordinance, the compensation amount to the City of $92,498 from the alley vacation in Ord # 5149 has become a debt by the City in the amount of $229,630, a change of $322,128 In Ordinance # 5149, the amount of compensation could be reduced by OC's development of new rights of way that would be dedicated to the City Where is the accounting for this reduction? At $16/ sq ft for Class I Right of Way, $322,128 would provide for 20,133 square feet of Right of Way dedication to the City 13th Street between Broadway & Warren was widen by one lane Is the actual construction cost of widening this Right of Way used or the more appropriate dollar per sq ft figure used? 3 If one does accept the Compensation amounts provided in the Proposed Vacation, there remains a "Grand Total" of $25,706 owed to the City "The College has requested any remaining costs owed be forgiven in accordance with BMC 11 20 140(E) " is the City really in such good fiscal health to dust walk away from this amount and in the end have the taxpayers make up for it? Summing up I feel that the traffic light payment and installation is a mitigation of the negative impacts of OC's campus expansion and the responsibility of Olympic College not that of the taxpayers of Bremerton I feel that Right of Way Vacations and Dedications should be kept separate from other construction issues and a common compensation valuation methodology be used to determine their associated values I feel that it is not in the public's interest and advantage to wave compensation i feel that prior to projects being brought before the City Council or approved and allowed to move forward 1/11/2012 Page 3 of 3 that all of the issues, costs, and ramifications be made clear Thank you for your attention to this matter Ohl John Hayes Larson 1338 Broadway Ave Bremerton, WA 98337 (360) 373 -8634 1/11/2012 AGENDA BILL CITY OF BREMERTON CITY COUNCIL &A I I SUBJECT: Resolution No 31 & Study Session Date January 11, 2012 approving 4 th Street Back -in Angle Parking COUNCIL MEETING Date Jepwefy48,-2893 d/1 J I a Adjacent to Kiwanis Park Department PW &U Presenter Fndriksson Phone 473 -2354 SUMMARY: The proposed redevelopment of 4 th Street and 5 th Street as "Green Streets" will provide multiple benefits, including sustamability through drainage improvements, traffic calming, reduced vehicular speeds, and implementation of the bicycle boulevards designated in the Non - Motorized Transportation Plan adopted by City Council in 2007 The proposed angle parking along 4 th Street is an effective method to narrow an overly wide residential roadway and reduce vehicle speeds, allowing the corridor to operate suitably as a bicycle boulevard Because 4th Street is designated as a bicycle boulevard, the back-in/head-out angle parking is recommended because this configuration allows a driver exiting the stall to see the cyclists The Public Works Committee reviewed the proposed parking configuration change at their December 7 th meeting ATTACHMENTS: Resolution No 3161 AHBL Parking Study Report FISCAL IMPACTS (Include Budgeted Amount) The parking reconfiguration is budgeted in the Kiwanis Park and Green Street project The change will create 21 additional paid parking spaces serving as a revenue enhancement to the Parking Fund APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to pass Resolution No 3 6 to approve angle parking on 4 th Street and 5 th Street from Kiwanis Park to Warren Avenue STUDY SESSION ACTION: Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 RESOLUTION NO. 3 14e I A RESOLUTION of the City Council of the City of Bremerton, Washington, to modify parking on 4 Street along the Kiwams Park frontage from parallel to back -in angle parking WHEREAS, there is a need for additional on -street parking on 4th Street along the Kiwams Park frontage, and WHEREAS, both 4" and 5' Street are identified in the City's 2007 Non - Motorized plan as bicycle corridors, and WHEREAS, back -in angle parking has been identified as safer for bicyclists and reduces the roadway width for traffic calming and slower vehicle speeds, and WHEREAS, until recently the public parking spaces on 4th Street along the Kiwanis Park frontage consisted solely of parallel parking spaces, and WHEREAS, BMC 10 04 010 adopts the Model Traffic Ordinance as set out in the Washington Administrative Code (WAC) Chapter 308 -330, and WHEREAS, in order to permit angle parking on a city street, WAC 308- 330- 270(4) requires a resolution by the City after the City's Traffic Engineer has conducted an engineering and traffic investigation, and WHEREAS, the City Engineer has conducted an engineering and traffic investigation regarding modifying 0 Street along the Kiwanis Park frontage to include back -in angle parking, and WHEREAS, changing 4th Street parallel parking spaces to back -m angle parking spaces would significantly increase the amount of on -street parking spaces on 4th Street, and WHEREAS, the City Council finds that modifying 4 Street along the Kiwams Park frontage to be back -in angle parking increases available public parking spaces on Fifth Street and creates a safer street, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTIONI. Back -in angle parking on 4th Street along the Kiwams Park frontage shall be created as determined by the City Engineer and consistent with the City Engineer's engineering and traffic investigation 1 Fifth Street SECTION 2 Severability If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect SECTION 3. Effective Date This Resolution shall take effect and be in force immediately upon its passage PASSED by the City Council of the City of Bremerton, Washington this day of , 2012 Council President APPROVED AS TO FORM: ATTEST ROGER A LUBOVICH, City Attorney Shannon Corm, Interim City Clerk 2 Fifth Street E1 PROJECT MEMO 1381M TO: Colette Berna and Ed Aban, City of Bremerton FROM: Doreen Gavin, PE DATE: December 14, 2011 PROJECT: Kiwanis Park and Green Streets OUR FILE NO.: 211174 10 SUBJECT: 4th Street Parking Study Civil Engineers Structural Engineers Purpose Landscape Architects The purpose of this study is to evaluate the benefits and potential downsides of adding angle Community Planners parking to 4 th Street The angle parking is proposed along the north side of 4 th Street in order to Natural Resource Ecologists narrow the roadway and reduce vehicular speed Two options for angle parking were considered head -in /back -out and back -in /head -out (reverse angle) Land Surveyors Background This project includes improvements at Kiwanis Park and along 4"' and 5"' Streets Neighbors in Bremerton The park improvements include redevelopment of the lower park to provide enhanced drainage, new play equipment, a picnic shelter, and a new restroom building The project also includes "Green Streets" improvements to both 4 th and 5 th Streets from Kiwanis Park to Warren Avenue. Included in the "Green Streets" are curb extensions designed to serve as TA COMA drainage facilities and traffic calming measures; a new porous concrete sidewalk along the park 2215Nort630 frontage; street trees, and channelization and signage Suite 300 , Both 4"' Street and 5 Street are designated bicycle boulevards per the Non - Motonzed TaromaWA 984033350 2533832422 TEL Transportation Plan adopted by Bremerton City Council in 2007, and are part of the County -wide Mosquito Fleet Trails Plan route in Bremerton With relatively low traffic volumes, these 2533831572 FAX roadways provide an excellent opportunity to create a bicycle - friendly corridor This project will implement the proposed bicycle boulevards through traffic calming devices, signage, and SEATTLE pavement markings to improve the bicyclists' safety and visibility Traffic calming is especially 12006AAveme important to make the roadway comfortable to riders of all ages and abilities Vehicle speeds will Surte1620 be reduced by narrow roadways created through the addition of curb extensions Secde,WA 98101 -3117 Parking Alternatives 2061671425 TEL 206.2671429 Fax On -street parking can be configured in a number of ways to narrow the roadway and increase parking in the public rights -of -way For this project, angle parking stalls were considered SPOKANE because, on overly wide roadways, angle parking is more effective than parallel parking in 827 West First Aveme reducing vehicular speeds Also, angle parking stalls would nearly double the amount of on- Suite 301 street parking within a block when sufficient roadway width exists Spokane, WA 992013912 9 TEL The required minimum roadway width for angle parking stalls is 44 feet (curb to curb) Because 504509509.325019 2501 2501 FAx 5 e Street is approximately 36 feet wide (curb to curb) and its configuration includes one traffic lane in each direction and on -street parallel parking, no changes to the parallel parking along 5th Street adjacent to the park are proposed T R I - C /TIE S 2715 St Andrews Loop Suite F Posco,WA99301-6121 509305883 TEL 5093805885 FAX Page 1 of 4 www ahbl com I oano 040© The existing roadway width at 4 Street is approximately 44 feet curb to curb, making angle parking a viable alternative Angle parking Is r F} desirable because it has the advantage of T - narrowing the roadway, reducing vehicle speeds, 'r- and creating a safer environment for bicyclists Also, angle parking will create additional parking capacity The existing parallel stalls along the north side of 4 Street adjacent to Kiwanis Park operate as paid parking during the weekdays, z predominately used by shipyard workers on a daily basis During the evening and on weekends, parking is free and open to the public Additional parking capacity would be a bonus to the public for the events and soccer games held at the park The existing roadway configuration for 4 Street adjacent to Kiwanis Park is shown in the illustration below REQUIRED WIDTH ® e e e 4 ® This configuration provides Two-way traffic with s� 2 5 parallel parking on both sides '�'� parking spaces on 4th Street 8' 14' 14' 8' Head -in /Back -out Angle Parking. Head -in /back -out angle parking has traditionally been used to increase the capacity of on- street parking within cities across North America Angle parking can be considered a traffic calming method because it narrows the roadway and slows traffic Additionally, head -in angle parking may seem desirable adjacent to Kiwanis Park soccer field because it would allow the driver and front seat passenger to remain in their vehicle and observe soccer games Converting the existing parallel parking on the north side of the street to angle parking will provide 46 stalls, a net increase of 21 stalls. The configuration for head -in /back -out angle parking looking north on 4 Street adjacent to Kiwanis Park is shown in the illustration below. ® REQUIRED WIDTH P e e b + This configuration provides Two -way traffic with 2 head -in angle � 6 q r parking on one side 11111=5111 parking spaces on 4th Street and parallel parking on the other side 7' 10' 10' 17' Head -in /back -out angle parking has the following advantages 1 Increased parking capacity When compared to parallel parking stalls, angle parking results in increasing parking capacity 2 Driver comfort. Most drivers are familiar with head -in angle parking and are comfortable pulling forward into an angle stall. Project Memo Page 2 of 4 �® Kiwanis Park and Green Streets 211174 10 December 14, 2011 ®off® �6 0© 3 Improved ADA parking. ADA parking spaces can be placed adjacent to curb ramps 4 Downhill grades. Head - angle parking is the preferred configuration on steep downhill grades because it automatically curbs a driver's wheels. Head -in /back -out angle parking has some potential downsides • Reduced safety. When exiting a stall, a vehicle backs Into traffic and the driver has limited visibility of oncoming traffic • Unfamiliar drivers. Some drivers prefer not to use angle parking stalls because they do not feel comfortable backing their vehicle out of the stall These same drivers would likely not use a parallel stall if it required pulling forward and backing into a stall • Reduced safety for cyclists Head -in angle parking stalls are not recommended if the adjacent roadway Includes a bike lane or if the road is designated as a shared road (Bicycle Boulevard) When exiting a stall, the driver backing Into moving traffic cannot see a cyclist • Uphill grades. The frequency of runaway vehicles may increase if head -in angle parking is used on steep uphill grades Back -in /Head -out Angle Parking. In recent years, the use of back -in /head -out angle parking has Increased steadily in cities across North America Within the Northwest, back -in parking is used in Everett, Seattle, Tacoma, Olympia, Portland, and Salem There are several reasons for this development The growing presence on American streets of sport utility vehicles (SUVs), with their bulky rear ends and (frequently) tinted windows, may have spurred the trend toward back -In angle parking Additionally, back -in angle parking is much more bicycle friendly then head -In angle parking. Bicycle lanes are not recommended adjacent to head -in angle parking because a driver is not able to see the cyclist when exiting the stall Back -in /head -out parking stalls have the same dimensions as head -In /back out parking stalls, therefore, converting the existing parallel parking on the north side of the street to angle parking will similarly provide 46 stalls, a net increase of 21 stalls when compared to the existing parallel parking condition The configuration for head -In /back -out angle parking looking north on 4 Street adjacent to Kiwanis Park is shown in the illustration below © REQUIRED WIDTH Cur O ♦ t O This configuration provides Two-way traffic with L back -in angle V parking on one side parking spaces on 4th Street and parallel parking on the other side 7' 10' 10' 1 17' Back -in /head -out angle parking has the following advantages 1 Improved visibility and increased field of vision When leaving the parking space, motorists are able to see oncoming traffic 2 Decreased number of collisions Motorists no longer have to back out blindly from their parking space. Also, when used on steep uphill streets, back -in angle parking automatically curbs a driver's wheels, which reduces the threat of runaway vehicles 3 Improved safety for children. Car doors open in a manner that directs children to the back of the vehicle, ushering them toward the sidewalk rather than the street 4 Improved ADA parking. ADA parking spaces can be placed adjacent to curb ramps Protect Memo Page 3 of 4 IG Q©OQ wanis Park and Green Streets • 211174 10 December 14, 2011 ®� 'A 5 Increased space. Back -in angle parking does not require as much space to maneuver as traditional angle parking, which may result in an increased number of parking spaces or additional room for sidewalks, bike lanes, or traffic lanes 6 Improved loading and unloading. Trunks are adjacent to the sidewalk and open car doors offer protection from the street, allowing loading and unloading to occur outside of the traveled roadway. 7 Improved safety for cyclists. As vehicles exit their parking stall, they are able to see cyclists in the roadway Back -in /head -out angle parking has some potential downsides • Vehicles overhanging the sidewalk This can be alleviated with proper design and placement • Vehicles backing into street furniture This can be alleviated with proper design and placement • Unfamiliar drivers. Some drivers prefer not to back their vehicle into a parallel or an angle stall, and many drivers may not be familiar with back -in angle parking Some vehicles may enter the spaces head -in from the opposite side of the street This can be alleviated with driver awareness, signage, and enforcement • Potential congestion As with parallel parking, backing in may cause some congestion on heavily trafficked streets. • Downhill grades The frequency of runaway vehicles may increase if back -in angle parking is used on steep downhill grades As SLCTrans (2004) states, "one of the most common causes of accidents is people backing out of standard angle parking without being able to see oncoming traffic. Reverse angle parking removes this difficulty." Summary The proposed redevelopment of 4"' Street and 5"' Street as "Green Streets" will provide multiple benefits, including sustamabdity through drainage improvements, traffic calming, reduced vehicular speeds, and implementation of the bicycle boulevards designated in the Non - Motorized Transportation Plan adopted by City Council in 2007 The proposed angle parking along 4 Street is an effective method to narrow an overly wide residential roadway and reduce vehicle speeds, allowing the corridor to operate suitably as a bicycle boulevard Because 4"' Street is designated as a bicycle boulevard, the back-in/head-out angle parking is recommended because this configuration allows a driver exiting the stall to see the cyclists Q \ 2011 211174 \WORDPROC\ Memos\ 20111214 _Memo_(4th_St_Prk_Study)_211174 10 door Protect Memo Page 4 of 4 IGwarns Park and Green Streets 211174 10 December 14, 2011 Sl 1 y J TBM #I -SSMi 1 5TH STREET 1 1 1 y y Mcnument rn Cose n not EL-254 78 accessible of Eremerbr I TYPE PERf'ENDICIIUR 8 RAMP PER WSDOT SID F- 40.115-01 Datum) — hffl P R 6T 07- 4O.f�Or — — — — — — — — — g � } o - n rl — e - 4 P_ P.I. 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DES DATE BY d' y CITY OF BREMERTON KIWANIS PARK &GREEN STREETS ffa .4 C4.01 �' DEPARTMENT OF PUBLIC WORKS & UTILITIES N o ENGINEERING DIVISION KIWANIS PARK WEST TACOMA B ATTLtE • 1� '�� DRAWING NO DRAWN ErY DESIGN BY CHECKED BY HORIZONTAL CONTROL, UTILITIES & SURFACING PLAN Z two fOQi ..w. °i �rear�tea f0° os a %VVA ma irmm 9 DAIS JANUAR7 4, 2012 WASH P E. A DATE WASH P E DATE a SHEET 11 OF 44 ! 10' TYPE M DRIVEWAY PER f CRY OF BRE10M STD. III! DETAIL 3121 I T861p -SSHJY 6 i EL -254 78 ® TYPE B PERPENDICULAR i y y 1 j , �G'v of Bremer on 5TH STREET y TYPE B PERPENDICULAR PER YLSAO.T SID RAMP PER W.S 0.T STD. Uotum ) _ ®� PLAN F- 40.15 -Ot E —S — s -- 6 _ PLAN F -40.1" I — �' — — CONNECT WATER °t> �O V t� RNG 5 I sum TO DS Ir Sm 4 r r 19 WATER UETER PoM= 24ILS r 3ZJF 8 SDR-35 0 398X 7 T r r r + r ' E= 243M •AIiHL � r 8058, W 1 SS Uemd.t s SEE LI 00 DMANIOW SLIDE LANDSCAPE BOULDER (TYP) � -- - - - - -- \ PER] CAIX +. 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OPEN LAWN ► APPROACH TYPE 3 PER O OF MERTON STANDARD / c TNRECRON (rYP) PERNOUS ASPHALT AREA \\ I DETAIL 3121 \ 1 &o' PATH I ©CONNECT SIDE SRO TO DOSTING SETGIR MAN PER ' • 6.0' \ I I CITY OF BREMERTON STANDARD DETAIL 6041 Ea 2420.5 (41 1 t 6.0' i Q7 MM SPLIT RAIL FENCE, PER DETAIL 2 (� " 06 PRONDE CH IM FENCE PER NEWT STANDARD PUN HANDRAIL l L- 20.1IH01 Q8 NOT USED I� 1 LANDING PICNIC SHELTER - 10 SEE I , sw.: RESTROOM 91ALL BE PAC RESTRWM COMPANY MOOEL 3 r ROMTEC PLAN FOR STRUCTURE PS-022 PROVIDE FOUNDATION FOR PIE DIGNEE ED 'r MAX CONCRETE 9.A8 PER DET I RESTROOII f n PUYGttouND PMUM GXIRB SEE LANDSCME UIPPER FIELD I SURFACING LEGENDi w A + 6lP L ' E i t• Mzrls , 3E , � ' F. 21' Fr � W � � J \ ' POROUS ASPHALT w t 32 R 9r5 r \ CONCRE oo nn POROUS CONCRETE TYPE B PERPENDICULAR R EUOVE AND RESET DOSIWG RAW PER WSAOT SID. 90NS P _ EN ® Q UN F-40.15 -0 2$ ® WIMP PER PERPENDICULAR ®°A ®� UN F- 4&15-01 ® ®HIV 4TH STREET P DIAGONAL PAIMG STAILS, wITE 4 iNLE STRIPE ltsee ®oo z�t- f lLu f xl x jI 4 ME la) 4e° 90% DESIGN UPDATE NO w ® o ass CD�y �R DATE FIELD BOOK �, s DEPARTMENT F OF WORKS & U KIWANIS PARK &GREEN STREETS La C ENGINEERING DIVISION KIWANIS PARK EAST 04.00 .... TACOMA o E A T T t_ c ORAWMC NO DRAWN BY �•� DESIGN BY CHECKED BY „� HORIZONTAL CONTROL, UTILITIES & SURFACING PLAN Z �w w oe ° i zn M DATE JANUARY 4, 2012 WASH. P E. $ DATE WASH P E # DATE a SHEET 10 OF 44 November 24, 2009 TO. Washington State Department of Ecology City of Bremerton — Departments of Public Works & Utilities and Paiks & Recreation RE Support for City of Bremerton's Mwanis Park LID Retrofit and Green Streets Project Our club is writing in support of the City of Biemerton's grant application to fwid a Green Streets Project on 4 "' and 5 Streets in conjunction with the improvements proposed for these streets in the Bremerton Non - Motorized Transportation Plan. As a group, we encourage not only development that creates opportunities for safe local, recreational, and commuter cycling but low impact development that will improve the health of our environment and our community This plan does both. To create bicycle boulevards on 0' and 5 1h Streets, the Bremerton Non - Motorized Transportation Plan proposes simple traffic cahmng devices, stop signs at cross streets that facilitate east -west traffic flow, bicycle boulevard signage, and raised medians on Waxy en Avenue that shunt traffic to higher- volume east -west streets This is a great beginning! But why stop there? We hope the city will be able to incorporate low impact development techniques to accomplish these goals Along with traffic calming, the city's plan includes biofiltratnon features that collect and infiltrate stormwatei This type of development improves the health, safety, and livability of our community, by encouraging cycling and walking, decreasing motorized traffic, noise, and air pollution, reducing surface pollution runoff into Puget Sound, and beautify the city's neighborhood --- a win -win strategy for everyone! Our support of this project is dust one example of our community's commitment to taking small but vital steps towards creating a healthier envnonment and healthy options for transportation We thank you for encouraging low impact development and for providing the funding that will help build healthy communities and a healthy environment in our state Sincerely Lee Denor, 2010 President West Sound Cycling Club I r 1 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Approval of Sept 11 Memorial Study Session Date Jan 11th Design Concept for Evergreen -Rotary Park COUNCIL MEETING Date JaR Department Parks and Rec Presenter Wyn Birkenthal Phone 473 -5752 SUMMARY: The Kitsap 911 Memorial Committee has developed a revised design concept for the 911 Memorial to be located in Evergreen Rotary Park The revised design is responsive to public comment received on the initial concept Modifications include the addition of landscaping elements, reduced footprint within the park, improved pathway circulation and lower construction costs owing to a lesser quantity of concrete and other hardscape elements The design's circular plaza with embedded timelines of 911 events was previewed by the pubic and Park Board at a public meeting held December 6, 2011 and has been very well received ATTACHMENTS: Revised Design Concept, Construction Cost Estimate FISCAL IMPACTS (Include Budgeted Amount) Memorial features to be developed and maintained with private funding APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR 7 MAYOR RECOMMENDED MOTION: I move to approve the revised design concept for the Sept 11 Memorial to be located in the undeveloped portion of Evergreen Po7lzLry Par mer y khown a e- C� evrprt PrbPer STUDY SESSION ACTION: ❑ Consent Agenda General Business ❑ Public Hearing COUNCIL PRESIDENT v --1 ��'IG 0 COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 7 Al 4P L 1 (Pa' Timeline Featurr grave btal \ j 1� y- ° ' \ \ Tiles Fl h to Paving y H gh Seat Wall .✓ _ sue �_�'". j``� i �: � ,�• t� } ` v1 \ 1 ` , ` . ` \\ / o Y �, \ Se + t ®Steel o \ l Donor Ic \ .,,� `• � �li "�; ',�` )`,, -- �, \�•'`, \\ � � � Pentagon = ° � on�lal '/ All, it` `;`.�. wn Area Ma h ddjacent', rk \ / \, %4 ` 2 Memorial ; ,•�•'" ' `\ ; ��� , , \' f ' , `� Enlarged Memorial Plan Area 1' , \ Q , — e 0 X Parking Area 00 000 \� - r - 0 amb:0 N BOULEY� -� The 9 -11 Memorial Evergreen Rotary Park / /' Proposed Site Plan APIA Ali , i t • ` �Y, N O , . M L7 PROJECT Krtsap 9111 Memorial 4 1 muA LOCATION Evergreen Rotary Park, Bremerton, Washington ESTIMATE January 3, 2012 EST TYPE Preliminary Design DESCRIPTI ITEM QUANTITY UNIT UNIT COST • SITE PREPARATION 02230 EXAM & PREPARATION 1 LS $ 1,000 $ 1,000 02230 SELECTIVE SITE DEMO 1 LS $ 2,500 $ 2,500 02230 SITE CLEARING 1 LS $ 1,500 $ 1,500 02300 EARTH MOVING 1 LS $ 6,000 $ 6,000 02370 EROSION CONTROL 1 LS $ 1,200 $ 1,200 SITE PREPARATION DIVISION TOTAL $ 12,200 SITE IMPROVEMENTS 02740 CONCRETE PLAZA 900 SF $ 1250 $ 11,250 03110 SLAB BLOCKOUTSICOLUMN CLOSURES 900 SFA $ 025 $ 225 02750 ASPHALT PAVING (PATHS) 1,400 SF $ 450 $ 6,300 02760 BRICK PAVER INSTALLATION 100 SF $ 350 $ 350 02770 PAVING BASE AND BALLASTS 3,300 SF $ 075 $ 2,475 02800 SITE SIGNAGE 1 LS $ 12,000 $ 12,000 02810 METAL ENGRAVED PANELS 112 EA $ 750 $ 84,000 02815 RADIATING METAL STRIPS 6 EA $ 500 $ 3,000 02820 TIME CAPSULE 1 LS $ 750 $ 750 02830 RETAINING WALLS 8 CY $ 720 $ 5,760 03310 CONTINUOUS FOOTINGS 6 CY $ 540 $ 3,240 07110 FOUNDATION DAMPPROOFING 150 SF $ 200 $ 300 02620 FOOTING DRAINS W /GRAVEL 125 LF $ 900 $ 1,125 02315 EXCAVATION (WTC BEAMS) 2 EA $ 400 $ 800 02315 BACKFILL - STRUCTURAL (WTC BEAMS) 2 EA $ 300 $ 600 03310 COLUMN FOOTINGS (WTC BEAMS) 3 CY $ 540 $ 1,620 05500 STRUCTURAL ATTACHMENTS TO WTC BEAMS 1 LS $ 3,200 $ 3,200 5510 SETTING WTC BEAMS UPRIGHT 1 LS $ 1,500 $ 1,500 10170 FLAGPOLE W/BASE 1 LS $ 12,500 $ 12,500 02870 SITE FURNISHINGS 4 EA $ 1,200 $ 4,800 12000 SETTING LEADERSHIP KITSAP TILES 40 SF $ 1500 $ 600 02820 IRRIGATION 1 LS $ 7,500 $ 7,500 02910 HYDROSEEDING 1 LS $ 1,500 $ 1,500 02920 TREES 62 EA $ 450 $ 27,900 02930 GROUNDCOVER 400 SF $ 800 $ 3,200 02870 MISC CIVIL COSTS 1 LS $ 10,000 $ 10,000 SITE IMPROVEMENTS DIVISION TOTAL $ 206,495 SITE ELECTRICAL UTILITIES 16000 SITE LIGHTING/ELECTRICAL 1 LS $ 42,000 $ 42,000 SITE ELECTRICAL UTILITIES DIVISION TOTAL $ 42,000 GENERAL REQUIREMENTS 01000 GENERAL CONDITIONS 2 MO $ 10,000 $ 20,000 GENERAL REQUIREMENTS DIVISION TOTAL $ 20,000 ESTIMATE SUBTOTAL $ 280,695 DESIGN CONTINGENCY @ 1500% $ 42,104 SUBTOTAL $ 322,799 GENERAL CONTRACTOR'S OH & P @ 800% $ 25,824 SUBTOTAL $ 348,623 ESCALATION TO 09 -11 -2012 @ 300% NR $ 10,459 TOTAL $ 359,082 G _ 9 -11 Memorial Design ConceptAvailable,for Public Comment The Kitsap 9 -11 Memorial Committee is displaying the new design concept for the 911 Memorial in the lobby of the Norm Dicks Building at 345 6th street and at the Sheridan Community Center at 680 Lebo Blvd. The Memorial will be constructed at Evergreen Rotary Park. Citizens are encouraged to view the display and make written comments. Comment cards and drop box are available at both displays. All comments will be shared with the 9 -11 Committee and City of Bremerton officials. The display will be up from the afternoon of December 21st to January 17th Page 1 of 3 Lori Smith From: Lori Smith on behalf of City Council Sent: Tuesday, January 10, 2012 2 15 PM To: City Council Subject: FW Citizen Comment - Proposed 9/11 Memorial at Evergreen Rotary Park (Joan Dingfield) Attn Council Members, Mayor Lent, and Wyn Birkenthal (FYI) From: Joan Dingfield [ mailto:joandmgfield @hotmail.com] Sent: Tuesday, January 10, 2012 2 09 PM To: City Council Subject: The proposed 9/11 Memorial at Evergreen Rotary Park I am writing to ask that the City Council carefully consider what action to take on the 9/11 Memorial design Those of you who are familiar with this issue know that I have opposed the memorial project I have done so for a few reasons • It has always felt to me that the 9/11 Memorial should be in New York City at the World Trade Center site I have had the privilege of visiting the World Trade Center and Pearl Harbor and am looking forward to being on the beaches of Normandy this spring For those who cannot visit these sites in person, access is not an issue, as the internet opens up a whole world of information • 1 have been unhappy with how this plan has unfolded After being turned down twice by Silverdale and the CK Community Council, the committee cast about and then selected Evergreen Rotary Park in Bremerton It could have gone nicely at the Central Kitsap Fire and Rescue headquarters, but the committee felt it needed to be more visible and picked the most heavily used park in the Bremerton system I have forwarded a copy of the City of Seattle's process for accepting donations and memorials to both Wyn Birkenthal and Roger Lubovich in hopes of creating a future framework for elected officials to use I would be happy to share it with any of you • This memorial never really connected with Kitsap County to me but rather felt like a national campaign to recognize firefighters I appreciate the emphasis on what a hero is, as I said in the first public meeting the Parks & Recreation Commission had on this memorial, the 9/11 image that will be forever burned in my brain is one of a firefighter But when I read articles about how cities and counties across the country cannot afford to pay for their 9/11 memorials and other articles about the impact law enforcement and firefighter retirements are bankrupting government agencies, I cannot help but connect the dots This has always seemed like a national campaign to me, complete with copy to include in the memorial itself That does not feel right for Bremerton 1/10/2012 Page 2 of 3 1 am in a minority in my beliefs, and I appreciate that the creation and installation of a project like this can be controversial I understand that Bremerton will have a memorial sometime in the future And I would like to compliment Dave Fergus and the 9/11 Memorial Committee on the work they have done in listening to community concerns and coming up with a much more realistic scale for the 9/11 Memorial There was a good deal of unanimity at the last public meeting when they presented the new design However, the new design lays a good deal of development of the site and an appropriate setting for the memorial on the City of Bremerton and Bremerton taxpayers While we were split on the issue of the memorial itself, the Parks Commission was unanimous in one aspect this memorial should not cost the City of Bremerton anything, either in its development or in its maintenance. We were very concerned, and continue to be, about the cost of maintenance of the memorial, even in its scaled -back size I have also been dismayed at the amount of time and commitment this has been for the City Parks staff to the detriment of other work It has been a critical time for the Parks Department as you well know. Budget demands and staff reductions have overloaded this very dedicated staff There are some wonderful partnerships working on several Parks and Public Works projects now (i e, Kiwanis Park) and planning for future projects like Anderson Cove, these projects will have a powerful impact on Bremerton neighborhoods that need attention At a time when budgets are so stretched and with no relief in sight for some time, I would suggest that the Parks Department and Parks Commission re -visit the long -range plan and present revisions to the Mayor and Council so that City priorities lead Parks planning as we come out of this long recession We also want to make sure that City grant applications reflect these priorities so that projects are not competing against each other for limited grant resources In conclusion, I know that the City has a commitment to develop the Chevron site at some point in the future I would like to suggest that you consider the following • Thank the 9/11 Memorial Committee for their work and accept the design of the memorial so that the committee can go about their fundraising • Do not commit to a time frame for developing the site itself, but rather have it incorporated into the Parks long -range planning document • Do not commit City resources to the 9/11 Memorial. Thank you for the work you do Joan Dingfield 1/10/2012 Page 3 of 3 Bremerton Parks & Recreation Commission, writing as an individual 1/10/2012 Page 1 of 1 From: Lori Smith on behalf of City Council Sent: Thursday, January 12, 2012 9 36 AM To: City Council Cc: 'John Hayes Larson' Subject: RE Citizen Letter - 9 -11 Memorial (John Hayes Larson) On Wed, Jan 11, 2012 at 9 30 PM, < Gregandsunny(a,ao1 com wrote From iohnhl(&- seanet com To Mn birkenthalCaD-ci bremerton wa us CC GregandsunnvCa)_aol com iohnhKED-seanet com Sent 1/11/2012 12 22 24 A M Pacific Standard Time Subs 9 -11 Memorial before City Council Wyn, was reviewing the 9 -11 Memorial portion of the package for Wednesday's City Council' study session and have a few comments 1 Recommended Motion "I move to approve the revised design concept for the Sept 11th Memorial to be located in the undeveloped portion of Evergreen Rotary Park formerly known as the Chevron Property " It seems a little vague on defining that this is the current preliminary design concept and that it does not set out a methodology at refining the design 2 A discussion of the limits of the work as shown in the proposal would be helpful for the Council to understand the current intentions of the 9 -11 committee What impact and timeline to the City in completing the rest of the park? 3 Fiscal Impacts "Memorial features to be developed and maintained with private funding " 1 do not believe that the 9 -11 Committee is onboard with the open ended commitment of maintenance 4 The preliminary Cost Estimate seems to be quite low with not all the pieces included Might this become a problem for the City? 5 The comments raised at the Public Park Board Meeting should be included for the Council to get a better feeling at the current state that the design process is in The fact that the Parks Board did not feel that it was time to make a formal recommendation is important 6 Just wanted to make sure that the Rotary is not left out in the name of the park everywhere in the document, especially in the motion portion Just wanted to get my 2 cents in IN John Hayes Larson 1/12/2012 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Construction contract with Study Session Date 1/11/2012 &d k F ,� y .Jrk or Park Avenue Plaza 4 COUNCIL MEETING Date 4M4Q W Street East 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 Phase Il, Fourth Street East surface improvements to include sidewalks, street, landscaping, lighting and crosswalks ATTACHMENTS: Bid package including sample contract FISCAL IMPACTS (Include Budgeted Amount) The estimated contract amount of $750,000 is budgeted in the new Fund 306 Park Plaza Phase II APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to approve the Park Avenue Plaza Fourth Street East improvement construction contract with �t IJI I h and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented STUDY SESSION ACTION: ❑ Consent Agenda [Gen al Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 I CITY OF BREMERTON BID TABULATION BID TITLE to 4 Street (East) Improvements OPENED BY SHANNON CORIN DATE OPENED 1/17/12 TIME OPENED 1:30 PM RECORDED BY ALYCE FIERRO NAME OF BIDDER BASE BID I ALTERNATE NO 1 ALTERNATE NO 2 ALTERNATE NO 3 A rA i iJ 6A me trot co 4 QlAl a� LC 7y � FS� g a � p p ? d - a-D - t7f f 1 I f I i SUMMARY APPARENT LOW BIDDER TOTAL BID COMMENTS Soul — it SE 7 .2a oO o o ENGINEER ESTIMATE (INC COND LOW IDDER SALES TAX) $ 750 , QQQ, QQ k'i4MiAj 0005rtU 'OKJ &e 7;P3 8'f l I THIRD LOW BIDDER 4m Street Improvements (eastern portion) CITY OF BREMERTON TABLE OF CONTENTS EDA Award 07.01 -06590 Project: 4th Street Improvements (east portion), Bremerton, Washington. 1. EXHIBIT 0 - Bidding Information o Invitation to Bid o Instruction to Bidders o Scope of Work o Public Works Agreement 2. EXHIBIT A - Construction Documents 3. EXHIBIT B - General Requirements 4. EXHIBIT C - EDA Requirements 5. EXHIBIT D - Form of Proposal i Page I of 1 PARK A 4 STREET - PHASE TWO CITY OF BREMERTON EDA Award 07 -01 -06S90 INVITATION TO BID INVITATION TO BID BREMERTON "PARK & 4TH STREET - PHASE TWO 4m STREET IMPROVEMENTS (EASTERN PORTION), BREMERTON, WASMNGTON Bremerton, Washington Bids Due: 17 January 2012 City of Bremerton, will receive sealed bids for the 0 Street Improvements (eastern portion) Bremerton, WA 98337. Bids shall be labeled. Attention: Gary Seaton, City of Bremerton, Confidential - Bid for the City of Bremerton's 4 S treet Improvements (eastern portion). City of Bremerton will receive bids Finance Department 34S 6 Street, Suite 600 Bremerton, WA 98337 until 1.30 PM 17 January 2012. The bids will be opened and publicly read aloud Immediately following. All interested parties are invited to attend. In accordance with RCW 39.30.060, bidders are to provide list of principal subcontractors within 24 hours of Bid Submittal. Bids received after the specified time will not be accepted. It is the sole responsibility of Bidders to deliver their bid to the designated place at the designated time. Oral, telephonic, fazed or emailed bids are invalid and will not receive consideration. Contractors may obtain Bidding and Contract Documents by. • Emahling Brian Fyall or viewing posted document on City of Bremerton web site 'Public Notices & News'. The City of Bremerton reserves the right tore ! Irregularities in the bidding. �3' or all bids, and waive any informalities or i t I I s 1 i Page 1 of I I i PARK & 0 STREET PHASE TWO CITY OF BREMIERTON INSTRUCTION TO BIDDERS EDA Award No. 07 -01-06590 101 BIDDERS REGISTRATION AR Bidders must be registered by the Washington State Department of Labor and Industries in accordance with RCW 1827.020 102 EXPLANATION TO PROSPECTIVE BIDDERS Any prone Bidder desiring any explanation or motion of the Bidding and Contrad document must request such explanation and/or clarification in writing by emailing Brian Fyall at responses to questions will be posted on City of Bremerton websrte ( www.G.bremerton.wa.us under `Public Notices and News'). Any bifomiabon given a prospective Bidder concemmg these documents will be fumished via webarte 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 fumished 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 spastic amounts during construction. C. The solicitation requires bidding on all items, failure to do so may disquai4 the Bid D Allemate 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 Page 1 of 6 PARK & 4" STREET PHASE TWO CITY OF BREMERTON INSTRUCTION TO BIDDERS EDA Award No 07 -01-06590 104 LAWS AND REGULATIONS 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. N the Bidder shall discover any provision in the Drawings, Specification 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 Cordon Agreement gem # 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, fails to execute all contractual documents or give Bidding and Contract bond(s) and insurance as required by the document withkr the time specified, the Owner may terminate the Contract for default 1 06 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 Websde, 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 inf natlon 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 ' i Page 2 of 6 PARK & 4 STREET PHASE TWO CITY OF BREhMTON INSTRUCTION TO BIDDERS EDA Award No 07 -01 -06590 matenals, 2 The availability of labor, water, electric power and roads, 3 Uncertainties of weather, river stages, Was 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 performanoe. 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 fa llure 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 Worts, 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 aBect 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. 1.08 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 shah furnish proof of payment of State Sales Tax required by law 109 CONTRACT AWARD A The Owner will evaluate all Bids submitted 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 abildy of the Bidder to perform the Work sabsfactonly. i B Owner may reject any or all Bids and waive informalities or minor irregulanties in Bids received. f i I i Page 3 of 6 PARK & 4" STREET PHASE TWO C1TY OF BREMERTON INSTRUCTION TO BIDDERS EDA Award No 07 -01-06590 C Owner may accept any item or combination of items unless doing so is precluded by a restrictive Iumtation in the Bid 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. 1.10 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 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 andfor 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 m 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 timeldate 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 noboe d 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 E At any time prior to the scheduled dosing time for receipt of Bids, any Bidder may withdraw its Bid, either personally or by telegraphic, Faxed or written request After the scheduled dosing 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 denial 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 1 I Page 4 of 6 i i i PARK 8t 0 STREET PHASE TWO CITY OF BREMERTON INSTRUCTION TO BIDDERS EDA Award No 07 -01-06590 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 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 d received by Brian Fyail via emall not later than two (2) calendar days prior to the date of Bid Opening Such requests shall be acoompanr®d 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 far receipt of proposals will be publicly opened and read aloud, irrespectivve of any irregularities or informalities in such proposals 114 PUBLIC WORKS LAWS AND PREVAILING WAGE REQUIREMENTS A AN Public Works Contracts are subject to the provisions of Tides 36, 39, 40, 48, 49, 50, 51 and 60, RCW, as they pertain to Public Works Employment and Wages in the political subdivisions of Me 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 If the Contactor is a corporation, a signature for the corporation by the president (or equrwalerd) and by the secretary (or equivalent), describing themselves as i Page S of 6 i f PARK dt 4" STREET PHASE TWO CITY OF BREN ERTON INSTRUCTION TO BIDDERS EDA Award No. 07 -01-06590 such, plus imprint of the corporate seal, will be presumed sufficient If the corporation has a resolution or by -laws audwrizing 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 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 Attorney- In- FactlSeal 1. The surety should be bound by an attorney_in -fit, preferably a resident of King County, Washington, but certainly of the State of Washington 2 The seal of the bonding company is required on the performance Bond 116 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 br costs or damages by the Bidders against the Owner I f END OF SECTION I i i i I t i I I Page 6 of 6 t I PARK & 4TH STREET - PHASE TWO CITY OF BREMERTON SCOPE OF WORK EDA Award No. 07 -01 -06590 4m Street Improvements - eastern portion - 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 Two -way traffic flow on 4 Street must be maintained at all times, unless approved by City's Special Project Administrator. Pedestrian access to business and parking lots must be maintained at all times. 2. Provide all materials, Iabor and equipment for improvements as noted on Exhibit A - Contract Documents. 3. Additional contractors will be performing work in the area of construction. Contractors working in this area may include: 4m Street Improvements - western portion; Park Ave Improvements (intersection at 4m and Park); Park Ave Parking Garage (project on the south side of 4 1 b); SeeFilm cinema project (located on Park Ave Parking Garage); United Way building renovation and tenant improvements (project on south side of 4m Street); sewer lining of 4 1 h Street (work being done at night). Weekly meetings will be held with this group of Contractors to coordinate construction activities to minimize j conflicts. i i I i i i Page 1 of 1 i I 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 to business and parking lots 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 4th Street Improvements - western portion, Park Ave Improvements (intersection at 4th and Park), Park Ave Parking Garage (project on the south side of 4th); SeeFilm cinema project (located on Park Ave Parking Garage); United Way building renovation and tenant improvements (project on south side of 4th Street); sewer lining of 4th Street (work being done at night) 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 $ Seven hundred twenty eight thousand six hundred dollars ($728,600 00), sales tax if applicable is not included Contract amount is base bid of $722,500 plus Alternate # 3 - Add seasoning lighting of $6,100 for a total of $728,600 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 (eastern) — South Bay EDA Award 07 -01 -06590 Department of Labor and Industries and until settlement of any liens filed under Chapter 60 28 RCW, whichever is later B Retainage The City shall hold back a retainage in the amount of five percent (5 %) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60 28 RCW, whichever is later C Defective or Unauthorized Work The City reserves its right to withhold payment from Contractor for any defective or unauthorized work 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 (eastern) — 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 project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing Page 3 of 6 Agreement — 4` Street (eastern) — 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 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 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 (eastern) — 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 arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement G Written Notice All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement H Assignment Any assignment of this agreement by the Contractor without the written consent of the City shall be void I Modification No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor J Severability If any one or more sections, sub - sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect K Entire Agreement The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement This agreement and any attached Exhibits contain the entire agreement between the parties Page 5 of 6 Agreement — 4 ` Street (eastern) — 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 Archaeolop 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 — 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 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 (eastern) — South Bay EDA Award 07 -01 -06590 EXHIBIT A - Construction Documents Exeltech design documents dated 1 -6 -12 unless other wise noted below. • CO - Cover sheet, • C10 - General Notes, • C2 0 - Site Preparation and TESC Plan; • C3.0 - Paving, Drainage and Channelization Plan; • C4.0 - Roadway details, • C5 0 - Grading plans, • C6.0 - Landscape and irrigation plan; • C7 0 - Illumination and Electrical Plan; • C8 0 - Details, j • C9.0 - Details ' Addendum # 1 Issued January 6, 2012 Addendum # 2 Issued January 12, 2012 I Addendum # 3 Issued January 13, 2012 ' Addendum # 4 Issued January 13, 2012 Addendum # 5 Issued January 17, 2012 I i i i Exhibit A - Title Page EDA Award 07 -01 -06590 i SECTION IS, TOWNSHIP 24 NORTH, RANGE I EAST W PARK & 4TH STREET e PHASE TWO 4TH STREET IMPROVEMENTS (EASTERN P BREMERTON, WASHINGTON 3 GOVERNING AGENCIES OWNER REPRESENTATIVE CIVIL DRAWING INDEX SURVEYOR'S NOTES m w olLw A ATL9OUq - ti' � 6 TRY OF IR3O m a OOmlw owl . yLC 1 NORSM oATmt ALL TRAm3mO ARE OEAERLNCCO F U 3 S/w3, - CE O CPS IRO . 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TVBNC W BISCET YnaEs HANGING BASKM AIDE TO BE PROVIDED B1 POLTPLER MEW TOM M O PfR/RS ]/0 - 10 . x 1/x L MBOIT E A' . x 1!S TIRE CRT (1 Oi x) (LENGTH AS RCOY9RC0) REO BRK]T P S OORNl SNEE 7 1 / 7ON o�5: R1LmonmmE L sEs YNUY ETIRUSOM SECTION A -A V 45 +17 A CIA POLYETMAENE RP Or Sol N BASKET PLANER NDT ro SCARE R y KIN astDe1A11ov TumNC PLEB R (I STof AKL - N AIN WD RS -atSr (1 » EASY m COMPaE95NIN iWSN w 1 CO Trac M AB01E X t (x) 1/� oM. POLTCTI/nL1E ,HON DN;R0B9ITON TUB010 £ �I $I$ r SIDEWALK PLAN B NKTT To WAX HANGING BASKET WITH DRIP IRRIGATION NDT W SCALE 1 DIAL SCH b PAC "OIL OPVEMAYS MID PARKRC AREAS TO CONOUR (B1 CONrRACloR) HAVE A S K S SCORNOT PATTERN CROCAL SERVICE P, A BLDL swoon, TRORCLED SECTION B -B s UT ATE CONDVI) PERM(7ER (IYPJ NOT TO SCALE If E3 i TOOLED JOINT (T'P') g 0 ]/B STAIIAESS STEEL CABLE (6 K 37 GLAL9S i o PINK) OR APPROVED EOUAL U x s <TTP) LICIT BROOM FWSN (ITP) A � a 3 � ° 11 CABLE ATTACH TO ANCHOR ED i PROVIDED ON PPECML ORDER POLE X Z ZI SIDEWALK SCORING DETAIL RO PE YIN ] STANIE97 FEEL MAZE a 9 c z REP[ ays AND THIMBLE INSTALLED y — '" PEA MANUFACTURE RECOMMENDATIO"S W NOT TO SCALE � nON OE MC HI R W BE Z. =1 Q 0 AMERICAN UCMINE OPN ]0]- 697 -]019) BN POIC VAWiALTURCR m Q i . IN rESTOOV UCMT STRING 1N111 1 6 Q MAR CLEAR LED BULB SOCKETS SPACED APPROE CABLE SAC WIDER nI Ai 2a O.C. OR APPROVED EOUL • -• p 1/16 MN M" S ]/16 MAND VAX LCAO d ARACN ro CABLE NOW Lr3 -CABLE CUP O° TIDED MIN - ASiM C]] AT ETrtWN BULB INSTALL 300 INATT 12V VAGNETIC T 0 C BRICK x 1/A RED MANUXACTMR[N SP IN WE PROPOSED TTPE A CURB N PAVERS (PPIE HALL BRKI - of POLO U CURER PER CITY Cr ENGLISH EDGE HrAW DUTT RED) 8 9REMERTON STD. DIE. ]1]1 SEE PLAN ON Tm sNEET ioa A PA CONCRETE SDEYAALM PER 01 /OC V /� ASPHALT OR CONCRETE CITY OF BRMERTON SW 09 71 6 01 L BIOXNMC SECT9w ON SHEET C A) COVETS[ - ASIA, O j »....... CRUSHED GRAVEL BASE ]/N' j0 TOP SIZE (CSTC). A MIN FESTOON LIGHTING NOM -vKmw CEO -1T7am PER "DO r NOT W SCALE RAervMN below STANDARD SPECOMATIONS, SECTION CanbAPn)9RAp. 'SLR 7 9 -]] UNDERGROUND DRAINAGE F C' OF ]/C - 1 1 O BREA170N TT �Oi ER CONYI1faTY DEV[LOPINENT CLSAN CRUSHED GRAVEL •n r R E M TON NM9 rpr+o SIDEWALK SECTION 'Y C8.0 Nm TO saLE r1E w t k �1AN0 ww MrlsLr Y�Wmp.sP� m sar.ws¢malaa 1 � N ° I g $ . R R R _w_� u _ 0 _ ; a z IT a $ o R -r 1;' i 1 fill ha a7 m r w c- a ll o 4 gig <g $ ; -on= sorluix 10 Q 19MIm ^ ti }$� OV�OppIC %?; I �S 2 O pill 4RKMW 9'4 roKmom t . Y S 9 Q 98 Co CZyp � I mom r r i pg 9 I 00 p # R CITY OF BREMERTON. PARK k 47H STREET - PHASE TWO PROJECT 4TH STREU IMPROVEMENTS (EASTERN PORTION) p g o BREMERTON, WASHINGTON ` 9xeltach Q N OETAIIS ql ad.. L NU ma SWk r �ma EDA AWARD NO 07 -01 -06590 .'"'"" ` " °'"d PARK & 4TH STREET - PHASE TWO CITY OF BREMERTON ADDENDUM # 1 EDA Award No 07 -01 -06590 4TH STREET IMPROV (EASTERN PORTION) ADDENDUM # 1- ISSUED 6 JANUARY 2012 A. Update Voluntary Plan Holder List per attached. B Update Exhibit A -Construction Documents per attached C Replace Exeltech Documents (Construction Documents) per attached. I i I i i 1 3 1 i Page 1 of 1y�,j7� i PARK & 4TH STREET - PHASE TWO CITY OF BREMERTON ADDENDUM # 2 EDA Award No 07 -01 -06590 4TH STREET IMPROV (EASTERN PORTION) ADDENDUM # 1- ISSUED 12 JANUARY 2012 A Update Voluntary Plan Holder List per attached B QUESTIONS FROM BIDDERS AND RESPONSES: 1. Sheet C6.0 identifies root barrier for each of the street trees. How many feet of root barrier are required per tree? RESPONSE: The trees should be planted per the city standard detail 3353 (see attached) with a 3ft continuous barrier around the perimeter of the planting area I i 1 I I I i i I I I Page 1 of 1 t PARK & 4TH STREET - PHASE TWO CITY OF BREMERTON ADDENDUM # 3 EDA Award No 07 -01 -06590 4TH STREET IMPROV (EASTERN PORTION) ADDENDUM # 1- ISSUED 13 JANUARY 2012 A Update Voluntary Plan Holder List per attached B. QUESTIONS FROM BIDDERS AND RESPONSES: 1. Are we still to leave the street open to traffic? That doesn't seem realistic with the brick paver road section, and trying to coordinate with the contractor doing the Westerly portion I can see letting local traffic in and out, but well will have to pour the concrete ribbons all at once for the brick paver section, and how will that allow for traffic? RESPONSE Traffic must remain open, the local business relay on customers driving to their establishments 2 Also, there are quite a few planter pots on the sidewalks now that don't show up on the demo plan. Do those belong to the landowners or the City? RESPONSE. Planters are the property of the City and will be removed prior to ; construction. i ` E + I s 1 i I I Page 1 of 1 ! PARK & 4TH STREET - PHASE TWO CITY OF BREMERTON ADDENDUM # 4 EDA Award No. 07 -01 -06590 4TH STREET 1MPROV (EASTERN PORTION) ADDENDUM # 1- ISSUED 13 JANUARY 2012 A. Update Voluntary Plan Holder List per attached. B. QUESTIONS FROM BIDDERS AND RESPONSES: 1 Are we still to leave the street open to traffic? That doesn't seem realistic with the brick paver road section, and trying to coordinate with the contractor doing the Westerly portion I can see letting local traffic in and out, but well will have to pour the concrete ribbons all at once for the brick paver section, and how will that allow for traffic? RESPONSE Traffic must remain open, the local business relay on customers driving to their establishments. 2. Also, there are quite a few planter pots on the sidewalks now that don't show up on the demo plan Do those belong to the landowners or the City? RESPONSE- Planters are the property of the City and will be removed prior to construction. I i i i i i i I Page I of 1 PARK & 4T" STREET - PHASE TWO CITY OF BREMERTON ADDENDUM # 5 EDA Award No 07 -01 -06590 4T" STREET IMPROV (EASTERN PORTION) ADDENDUM # 5 - ISSUED 17 JANUARY 2012 A. Update Voluntary Plan Holder List per attached. B QUESTIONS FROM BIDDERS AND RESPONSES: 1 Construction note #6 - References to bollards? Are the bollard provided, wired and installed BYO's? There is no wiring identified in the wiring schedule for the bollards RESPONSE. The bollards are to be provided, wired, and installed by contractor Per general note 7 on sheet C7.0, the electrical wiring has been designed and specified for the luminaires and festoon lighting only, the contractor is to design and specify all other electrical wiring required with coordination with the City Project Manager for approval as well as to manufacturer recommendations. 2 Also, General note #8 - Please clarify the number for tree wells GFCI receptacles required? RESPONSE Each tree is to have a duplex outlet receptacle installed, there are 13 trees. I 3 Alternate # 2 deduct says to install "standard Bremerton street light pole" Please confirm what pole and fixture combination is intended to be "standard Bremerton street light pole "? RESPONSE If festoon lighting is not installed, luminaire L9, L10, L17 and L18 will be changed to `standard pole type per luminaire schedule on C7 0 4 Do you really want to fill that whole void with foam? 114'x 8'x 3' is 101 cubic yards of foam Gravel won't do? RESPONSE No, we're concerned about loading of existing basement wall 5 For the 4th street project, would one way traffic be acceptable with one lane open, or is it mandatory that we have two way traffic with one lane open? RESPONSE No, figure one lane with two way traffic. I i Page 1 of 1 I ! EXHIBIT B - General Requirements General Requirements: o 3 pages i ( i i i i I Exhibit B - Title Page PARK & 4TH STREET PHASE TWO CITY OF BREMERTON GENERAL REQUIREMENTS EDA Award No 07 -01 -06590 General Requirements A. Price and Payment Procedures: 1. Schedule of Values.- Before 16t 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. 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, 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. D. Temporary Facilities and Controls 1. Temporary utilities - General Contractor is responsible for all required temporary utilities (electrical, telephone, water, sewer and storm run oft) 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 and temporary construction to protect site and related areas from: air, water and soil pollution; waste generation; other irritating and harmful activities. Keep adjacent sites clean and free of debris. 7. Safety - Comply with State of Washington and City of Bremerton safety laws and requirements. 8. Noise control - take reasonable measures to suppress noise from work operations. E. Product Requirements 1. Product storage & handling - Products, materials and equipment incorporated into the work shall be new unless otherwise noted. Provide for protection of all products, materials and equipment stored on site or off site. F. Execution and Closeout Requirements 1. Field engineering - Provide field engineering survey services to ensure there are no encroachments on adjacent properties. 2. Protection of adjacent construction - protect all existing properties from work under this contract 3. Cutting and patching - General Contractor is responsible for cutting fitting and patching as required to complete the work 4. Construction waste management & disposal - Project is not LEED certified, however final waste generation performance goals are 95% for salvage / recycle. 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.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 project 8. Warranties - See contract for warranty language and duration. Page 2 of 3 Exhibit B 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. i i i i { I i s Page 3 of 3 Exhibit B i EXHIBIT C - EDA requirements i EDA requirements: • Notice of Requirements for Affirmative Action to Ensure Equal Employment Opportunity • EDA Lobbying Restrictions • EDA Contracting Provisions for Construction Projects • Davis Bacon Washington Wage Rates for Kitsap County (www.wdol.gW i I I 1 i Exhibit C - EDA Requirements EDA Award 07 -01 -06590 WASMNGTON Area Covered — Clallam, Grays Harbor, Island, Jefferson, Kitsap, Lewis, Mason, Pacific, San Juan, Skagit, Thurston and Whatcom Counties i Goals and Timetables Timetable Goals for minority Goals for female participation in each trade participation in (per) each trade () ' i Until further notice 6.1 6.9 Any questions that bidders may have on complying with these bid conditions should be directed to the following agency: U.S. Department of Labor ESA - OFCCP Area Office 11113' Avenue Seattle, Washington 98101 -3212 (206) 398 -8022 f EXHIBrr C EDA AWARD No 07 -014)6590 i NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are indicated in Attachment A. These goals are applicable to all Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60.4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60- 4.3(a), and its efforts to mod the goals established for the geographical area when the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. i The transfer of minority or female employees or trainees from Contractor to Contractor or from Project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. t i 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcon- tractor, employer identification number, estimated dollar amount of the subcontract; estimated I starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed i EXHIBIT c IDA AWARD No. 07 -01-06590 , , � i i CERTIFICATION REGARDING LOBBYING Cfhis Certification is required punt to 31 U.S.C. 1352) i The undersigned certifies, to the best of his or her knowledge and bdK that (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of lira undersigned, to any price for influencing or attempting to influence an officer ar employee of any ageary, a Member of I Congress, an oflsoer or mployee of CongmM or as employee of a, Member of Ccngreas in comsection with the awarding of any Federal contract, the nuking of any Federal grant, the making of soy Fedard ; IWA the entering into of any coopastive agrmanent. and the aft sioa, caution renewal, ate, or modification of Federal I any coatrnct, !� �, m' 000paative agreement. (2) If any funds, other than Federal appropnabod Amds have been paid or will be pead to ary person for Influencing or atbm%*g to inflaeaoe an officer or employee of any agency, a Member of Congress, an i officer or employee of Congress, or an employee of a Member of Congress in connection with this i Federal contract, grant, loan, err ve � caoperati agreeuneat, the umdasugne�d shall template and submit € Standard Foam-ILL, `Disalou a of Lobbying Activities," in a c rdsom with its instruc tiona. (3) The undersigned stall require that the language of this cethficetioa be included in the award documents eats for all sabawatds at all tiers (including subcontracts, subgrents, and contacts under grants, losers, and 000peuauve agreements and that all subrecipiem shall certify and disclose aced ton*. This cmt&wdwu is a maternal repreaentatien of fact upon which reliance was placed when this trisection was made or entered into. Subnossien of this certification is a prrequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who tau7s to ffle the required certification "be subject to a civil penalty ofnot less than $10,000 and not more than $100,000 for each ands fldha+e. Stab MMA fur Loan (ivareatees and Lmm awrance The undersigned states, to the best of his or her knowledge and babe$ that: If any fiords have been paid or will be paid to any parson for influencing or attempting to influmoe an officer or amployee of any agency, a Member of Congress, an officer or employee of Congmeas, or an employee of a Member of Congress in connection with this commutm nt pro"diiny for the United S`tabes to insane or goaraabee it loan, the undersigned shall complete and submit Standard Form -LLL, "Disciosine of Lobbying Activities," in accordance wnh ma instructions. i Submission of the soffit is a prerequisite for making or entering into this transaction imposed by j section 1352, title 31, U.& Coda fails Any person who to file the required shall be Nd&ct to a I civil penalty of not less than $1000 and not more than $100,000 for each such finlure. f I ORGANIZATION MANE AWARD NUMBER i NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SKINATIrnB DATE ^^ i " DISCLOSURE OF LOBBYING ACTIVITIES Complete db tam to dladose Io *AV acdAm pre wd to 31 USX. 1352 014sa 6 (See reverse for pubfEa burden disdomm) s 1. Type at A M I status of Ferlm Adiorc E. PAPWt Type- SL a El b. �0n El b. nam�dange d roan r: pod -wA d r Yearid � L loan year date of last nqM 4. 1 m read Address at Rspor ft Entity: Or S RepoetlaD Eby In No. 4 Is Sdkmwdm Eater Name and ❑ Prbne ❑ Svi>aWartlee Addreu of Plb, Tier _, Nbrowrx s E I Conwassional Disbiot, Plsnoewr Congroslag pl Dtdft Blo)Mft L Faderd nsprehnsrdlASeaay: 7. Fedonal Program N tlael: f � r f i CFDANumbsr.;sapplrc W 8. Federal Action Naober, VIfrrorwr g. /Heard Amoual. PMOrwr I 10. a. Name sad Address d t obbyEng I3dlty b. Indhd&Wo Pei fm Services (ftk dm g address if (Bhowhat last name, 9wnm x mv doers tftmAto.109) , Ghat name, lbstnow% A* � I I 0manraaam� sr�u,rt a 11. 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I 83UTAUZV ONM8013NnS010S(0 `TnnIS dO NOU -3ldV= WO=l SNO>LLOnNISM t t DISCLOSURE OF LOBBYING ACTIMES =byes CONTINUATION SHEET t I f l ( � 1 � I } 1 I , E i I } j s 1 I i t � I {1 I 1 ' I t t MmOldd�(aCdR I , 3trMedl'OYO -lYd1 t i SF -LLL -A I CONTRACT CLAUSI9 NEW RESTRICTIONS ON LOBBYING This contract, subcontract, or subgrant is subject to section 319 of Pubbc Law 101 -121, which ' added wctx mi 1352, regarding lobbying restddions, to chapter 13 of title 31 of the United States Code. The new section rs explained in the common role, 15 CFR Part 28 (55 FR 6736 -6748, 2/26/90 Each bidder/ applicant /recipient of this contract, subcontract, or subgrant and subrempients are generally prohibited from using Federal funds for lobbying the Excomm or ' Legislative Branches of the Federal Government in cwnaectian with this Award. Contract Clause Threshold This Coact Clause raga ding lobbying must be included in each application for a subgrant and in each bid for a contract: or subcontract oweading $ 100,000 of Federal funds at any tier under � the Federal Award t Each appliceaVrocipient of a m*gmut and each biddedapplicanthecipient of a contact or subco®hact exceeding $100,000 of Federal funds at nay tier under the Federal Award must file a i "Ccrtificatian Regarding Lobbying" and, if applicable, Standard Form -LLL, Misclosure of Lobbying AcImbes," regarding the use of say nonfederal funds for lobbying. Cattificattiams shall I , be retained by the next higher tier. All disclosur=e forme, however, shalt be forwarded fiom tier to tier until received by the Recipient of the Federal Award (VWI who shall forward all disclosure forms to the Federal agency. CoadmdneDisclosuze Each subgnmtee, contractor, or subcontractor that is subject to the Certification and Disclosure I ' provision of this Contract Clause is required to file a disclosure form at the and of each calendar 4 quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the h&zmation coined in any disclosure form previously filed by such person. Disclosure forms shell be forwarded from tier to tier until received by the Recipient of the Federal Award (giant), who shall forward all disclosure forms to the Federal agency. ; In&= TOM Tribal Ummmhous or OtherIndisa Q MMUUM Indian eLINN , tribal cqpnizafions, or my other Indian organizations, including Alaskan Native organizations, are wwluded from the above lobbying restrictions and reporting requirements, but only with respect to expenditures that are by such tubes or organizations for lobbying activities i permitted by other Federal law. An Indian tribe or aaganintion that is seeking an eachrsion ftm Certification and Disclosure requirements must pm vide (preferably in as attomey's opinion) j EDA with the citation of the provision or provisions offgdgd law upon which it relies to , conduct lobbying activities that would otherwise be subject to the prohibitions in andto the Certifim ion and Diwloaure requirements of section 319 of PWAk Law No. 101 - 121. Note, also, that a noun - Indian sutitawlee, contactor, or subcontractor under an award (guaat) to an Indian trilM, for example, n subject to the restrictions and reporting repiraniemts. i i U. S. DEPARTMENT OF COAMERCE ECONOMIC DEVELOPMENT ADMIlViSTRATION i f i EDA CONTRACTING PROVISIONS FOR CONSTRUCTION PROJECTS i These EDA Contracting Provisions for Construction Projects (EDA Contracting Provisions) are intended for use by recipients receiving federal assistance from the U. S. Department of Commerce - Economic Development Administration ( EDA). They contain provisions specific to EDA and other federal provisions not normally found in non - federal contract documents. The requirements contained herein must be incorporated into all construction contracts and subcontracts funded wholly or in part with federal assistance from EDA. 1 Economic Development Aft inistrat<on Contracting PmvWons for Constriction Projects TABLE OF CONTENTS 1. Definitions 2. Applicability 3. Federally Required Contract Provisions 4. Required Provisions Deemed Inserted 5. Inspection by EDA Representatives i 6. Examination and Retention of Contractor's Records 7. Construction Schedule and Periodic Estimates 8. Contractor's T"i le to Material 9. Inspection and Testing ofMaterials 10. "OR EQUAL" Clause 11. Patent Fees and Royalties 12. Claims for Extra Costs 13. Contractor's and Subcontractor's Insurance 14. Contract Security Bonds 15. Labor Standards - Davis -Bacon and Related Acts 16. Labor Standards - Contract Work Howl and Safety Standards Act 17. Equal Employment Opportunity 18. Contracting with Small, Minonty and Women's Businesses 19. Health, Safety and Accident Prevention 20. Conflict of Interest and Other Prohibited Interests 21. New Restrictions on Lobbying 22. Historical and Archaeological Data Pmservation 23. Clean Air and Water 24. U�a ofLead -Based Paints on Residential Structures 25. Energy Efficiency 26. Environmental Requirements 27. Debarment, Suspension, Ineligibility and Voluntary Exclusions , t 28. EDA Project Sign i i Economic Development Administration Contracting Provwons for Construction Projects 1 0 VT coo 1. DEFINITIONS Agreement — The written instrument that is evidence of the agreement between the Owner and the Contractor overseeing the Work. Architect/Engineer - The person or other entity engaged by the Recipient to perform architectural, engineering, design, and other services related to the work as provided for in the contract. Contract — The entire and integrated written agreement between the Owner and the Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. Contract Documents — Those items so designated in the Agreement Only printed or hard copies of the items listed in the Agreement are Contract Documents. Contractor — The individual or entity with whom the Owner has entered into the Agreement Drawings or Plans — That part of the Contract Documents prepared or approved by the Architect/Engineer that graphically shows the scope, extent, and character of the Work to be i performed by the Contractor. EDA - The United States of America acting through the Economic Development Administration of the U.S. Department of Commerce or any other person designated to act on its behalf. EDA has agreed to provide financial assistance to the Owner, which includes assistance in financing the Work to be performed under this Contract Notwithstanding ERA's role, nothing in this Contract shall be construed to create any contractual relationship between the Contractor and EDA. r Owner — The individual or entity with whom the Contractor has entered into the Agreement and } for whom the Work is to be performed. Project — The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part Recipient - An entity receiving Federal financial assistance from EDA, including any EDA. approved successor to the entity. ' Specifications — That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Subcontractor — An individual or entity having direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. s Economic Development Administration Contrubm Provisions for Construction Projects j Work — The entire constriction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 2. APPLICABILITY The Project to which the construction work covered by this Contract pertains is being assisted by the United States of America through federal assistance provided by the U.S. Department of Commerce - Economic Development Administration (EDA). Neither EDA, nor any of its departments, entities, or employees is a party to this Contract. The following EDA Contracting Provisions are included in We Contract and all subcontracts or related instruments pursuant to the provisions applicable to such federal assistance from EDA. ' 3. FEDERALLY REQUIRED CONTRACT PROVISIONS i i (a) Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate (Contracts more than the simplified acquisition threshold - currently fixed at $100,000. See 41 U.S.C. 403(11)). (b) Termination for cause and for convenience by the Recipient including the manner by which it will be effected and the basis for settlement (all contracts in excess of $10,000). (c) Compliance with Executive Order 11246 of September 24, 1965, Equal Employment Opportunity, as amended by Executive Order 11375 of October 13,1967 and as supplemented by Department of Labor regulations at 41 C.F.R. chapter 60 (applicable to all construction contracts awarded in excess of $10,000 by recipients of federal assistance and their contractors or subrecipients). (d) Compliance with the Copeland "Anti - Kickback" Act (18 U.S.C. § 874) as supplemented by i Department of Labor regulations at 29 C.F.R. part 3 (all contracts and subgrants for construction ott repair). (e) Co�pliance with the Davis -Bacon Act (40 U.S.C. § 3145) as supplemented by Department of Labor regulations at 29 C.F.R. part 5 (construction contracts in excess of $2,000 awarded by Recipients and subrecipients). (f) Compliance with sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327 -330) as supplemented by Department of Labor regulations at 29 C.F.R. part 5. I (construction contracts awarded by Recipients and subrecipients in excess of $2,000, and in ! excess of $2,500 for other contracts which involve the employment of mechanics or laborers) (g) EDA requirements and regulations pertaining to reporting. Ecanomtc Development Administration Contracting Provisions for Con*uchon Projects 4 F-JO 01 rr i i (h) EDA requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed m the course of or under such contract. (i) EDA requirements and regulations pertaining to copyrights and rights in data. 0) Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clear Air Act (42 U.S.C. § 7606), section 508 of the Clean Water Act (33 U.S.C. § 1368), Executive Order 11738, Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act With Respect to Federal Contracts, Grants, or Loans, and Environmental Protection Agency regulations at 48 CY.R. part 15 (applicable to contracts, subcontracts, and subgrants of amounts in excess of $ 100,000). 4. REQUIRED PROVISIONS DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this contract shall r be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion of correction. 5. INSPECTION BY EDA REPRESENTATIVES ' i The authorized representatives and agents of EDA shall be permitted to inspect all work, materials, payrolls, personnel records, invoices of materials, and other relevant data and records. 6. EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS (a) The Owner, EDA, or the Comptroller General of the United States, or any of their duly authorized representatives shall, generally until three years after final payment under this ' contract, have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions. (b) The Contractor agrees to include in first tier subcontracts under this contract a clause substantially the same as paragraph (a) above. "Subcontract," as used in this clause, excludes purchase orders that do not exceed $10,000. (c) The periods of access and examination in paragraphs (a) and (b) above for records relating to (1) appeals under the disputes clause of this contract, (2) litigation or settlement of claims arising from the performance of this contract, or (3) costs and expenses of this contract to which the Owner, EDA, or Comptroller General or any of their duly authorized representatives has taken exception shall continue until disposition of such appeals, litigation, claims, or exceptions. 1 Economic Development Administration Contrive ft Provmons for Construction Projects *VAR P Cr G 7. CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES 1 Immediately after execution and delivery of the contract, and before the first partial payment is made, the Contractor shall deliver to the Owner an estimated construction progress schedule in a form satisfactory to the Owner, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due to the Contractor in accordance with the progress schedule The Contractor also shall furnish the Owner (a) a detailed estimate giving a complete breakdown of the contract price and (b) periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only to determine the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the contract price. 8. CONTRACTOR'S TITLE TO MATERIAL No materials, supplies, or equipment for the work shall be purchased by the Contractor or by any subcontractor that is subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. The Contractor warrants and guarantees that he/she has good title to all work, materials, and equipment used by him/her in the Work, free and clear of all liens, claims, or encumbrances. 9. INSPECTION AND TES'T'ING OF MATERIALS All materials and equipment used in the completion of the Work shall be subject to adequate M inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be selected by the Owner. Materials of construction, particularly those upon which the strength and durability of any structure may depend, shall be subject to inspection and testing to establish conformance with specifications and suitability for intended uses. " 10. "OR EQUAL CLAUSE Whenever a material, article, or piece of equipment is identified in the Contract Documents by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a standard. Any material, article, or equipment of other manufacturers and vendors that will perform adequately the duties imposed by the general design will be considered wally acceptable provided the material, article, or equipment so proposed is, in the opinion of the Arclutect/Engineer, of equal substance and function. However, such substitution material, article, or equipment shall not be purchased or installed by the Contractor without the Architect/Engineer's written approval. + I1. PATENT FEES AND ROYALTIES ' (a) Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device that is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in Economic Development Administration Contracting Provisions for Conshuction Projects the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by the Owner in the Contract Documents (b) To the fullest extent permitted by Laws and Regulations, the Contractor shall indemnify and hold harmless the Owner and the Architect/Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 12. CLAIMS FOR EXTRA COSTS No claims for extra work or cost shall be allowed unless the same was done in pursuance of a written order from the Arclutect/Engineer approved by the Owner. 13. CONTRACTORS AND SUBCONTRACTORS INSURANCE (a) The Contractor shall not commence work under this Contract until the Contractor has obtained all insurance reasonably required by the Owner, nor shall the Contractor allow any i subcontractor to commence work on his/her subcontract until the insurance required of the i subcontractor has been so obtained and approved. i (b) Types of insurance normally required are: (1) Workmen's Compensation (2) Contractor's Public Liability and Property Damage (3) Contractor's Vehicle Liability (4) Subcontractors Public Liability, Property Damage and Vehicle Liability (5) Builder's Risk (Fire and Extended Coverage) (c) Scope of Insurance and Special Hazards: The insurance obtained, which is described above, shall provide adequate protection for the Contractor and his/her subcontractors, respectively, against damage claims that may arise f6m. operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him/her and also against any of the special hazards that may be encountered in the performance of this Contract. (d) Proof of Carriage of Insurance: The Contractor shall furnish the Owner with certificates showing the type, amount, class of operations covered, effective dates, and dates of expiration of applicable insurance policies. Economic Development Administration Contracting Provisions for Comftcdm Projects 1 iO4*to Vr f✓ 14. CONTRACT SECURITY BONDS (a) If the amount of this Contract exceeds $100,000, the Contractor shall furnish a performance bond in an amount at least equal to one hundred percent (100%) of the Contract price as security for the faithful performance of this Contract and also a payment bond in an amount equal to one hundred percent (100%) of the Contract price or in a penal sum not less than that prescribed by State, Territorial, or local law, as security for the payment of all persons performing labor on the Work under this Contract and firrmshing materials in connection with this Contract. The performance bond and the payment bond may be in one or in separate instruments in accordance with local law. Before final acceptance, each bond must be approved by EDA. If the amount of this Contract does not exceed $100, 000, the Owner shall specify the amount of the payment and performance bonds. (b) All bonds shall be in the form prescribed by the Contract Documents except as otherwise provided in applicable laws or regulations, and shall be executed by such sureties as are named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies as published in Treasury Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. Surety companies executing the bonds must also be authorized to transact business in the state where the Work is located. 15. LABOR STANDARDS - DAVIS-BACON AND RELATED ACTS (as required by section 601 of PWEDA) (a) Minimum Wages (1) All laborers and mechanics employed or working upon the site of the Work in the construction or development of the Project will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except ` such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act at 29 C.F.R. part 3, the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at the time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor, which is attached hereto and made a part hereof, regardless of any contractual relationship that ' may be alleged to exist between the Contractor and such laborers and mechanics. j � Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 C.F.R. § 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, fiords, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 C.F.R. § 53(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the Economic Development Administration Contracting Provisions for Construction Projects $4n10 Cr G E rate specified for each classification for the time actually worked therein, provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates determined under 29 C.F.R. § 5.5(a)(1)(ii) and the Davis- 1 Bacon poster (WH- 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (2) (i) Any class of laborers or mechanics to be employed under the Contract, but not listed in the wage determination, shall be classified in conformance with the wage determination EDA shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (A) The work to be performed by the classification requested is not performed by a classification in the wage determination; (B) The classification is utilized in the area by the construction industry; and (C) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (ii) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and EDA or its designee agree on the classification and wage rate (including the amount designated for fiinge benefits where appropriate), a report of the action taken shall be sent by EDA or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. (iii) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and EDA or its designee do not agree on the i proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), EDA or its designee shall refer the questions, including the views of all interested parties and the recommendation of EDA or its designee, to the ! Administrator for determination F (iv) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(2)(ii) or (iii) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (3) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fiinge benefit which is not expressed as an hourly rate, the i Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. i Eosnomic Development AdmWstmhon ! Conmacting Provisions for Construction Projects (4) If the Contractor does not make payments to a trustee or other thud person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (b) Withholding EDA or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other federal contract with the same prime Contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper employed or working on the site of the Work in the construction or development of the Project, all or part of the wages required by the Contract, EDA or its designee may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of fiords until such violations have ceased EDA or its designee may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. (c) Payrolls and basic records i (1) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the Work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the Work in the construction or development of the Project. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits orcash equivalents thereof of the types described in section 1(b) (2) (B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 C.F.R. § 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, the plan or program is financially responsible, and the plan or program has been communicated in writing to the laborers or mechanics affected, and provide records that show the costs anticipated or the achaai cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of Economic Development Admiw ation Conttuft Provisions for Construction Projects V�1�151G3" L apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable Programs (2) (i) For each week in which Contract work is performed, the Contractor shall submit a copy of all payrolls to the Owner for transmission to EDA or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 C.F.R. part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose. It may be purchased from the Superintendent of Documents (Federal Stock Number 029 -005 -00014 -1), U.S. Government Printing Office, Washington, D.C. 20402; or downloaded from the U.S. Department of Labor's website at www.do l.gov /esa/formstwhd/mdex.htm 1 prime Contractor is responsible for the submission of copies of payrolls by all subcontractors (ii) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: (A) That the payroll for the payroll period contains the information required to be maintained under 29 C.F.R. § 5.5(a)(3xi) and that such information is correct and complete; (B) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 C.F.R. part 3; (C) That each laborer or mechanic has been paid not less than the applicable wage rates and binge benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. (iii) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 14(c)(ii) of this section. (iv) The falsification of any of the above ceitifications may subject the Contractor or subcontractor to civil or criminal under section 1001 of Title 18 and section 231 of Title 31 of the U.S. Coder (3) The Contractor or subcontractor shall make the records required under paragraph 14(c)(1) of this section available for inspection, copying, or transcription by authorized ' representatives of EDA or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them i Economic Development Administration contracting Provisions for construction Projects i available, EDA or its designee may, after written notice to the Contractor or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 i C.F.R. part 5.12. (d) Apprentices and Trainees. (1) Apprentices. Apprentices will be permitted to work at less than the predetermmed rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment j as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any ' craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a Project in a locality other than that m which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator j determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of s Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2) Trainees. Except as provided in 29 C.F.R. § S. 16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program that has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and i Economic Development Adm,mstration Contracting Provisions for Construction Projects 0 VT 4:1- Training Administration. The ratio of trainees to journeymen on the job site small not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman's hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of finge benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (3) Eg1W employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, Equal Employment Opportunity, as amended, and 29 C.F.R. part 30. (e) Compliance with Copeland Anti- Kickback Act Requirements. The Contractor shall comply with the Copeland Anti- Kickback Act (18 U.S.C. § 874 and 40 U.S.C. § 276(c)) as supplemented by Department of Labor regulations (29 C.F.R. part 3, "Contractors and Subcontractors on Public Buildings or Public Works Financed in Whole or in Part by Loans or Grants of the United States"). The Act provides that the Contractor and any subcontractors shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public facilities; to give up f any part of the compensation to which they are otherwise entitled. The Owner shall report all suspected or reported violations to EDA. (f) Subcontracts. The Contractor and any subcontractors will insert in any subcontracts the clauses contained in 29 C.F.R. §§ 5.5(a)(lf through (10) and such other clauses as EDA or its designee may require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by � any subcontractor or lower tier subcontractor with all the contract clauses in 29 C.F.R. part 5.5. (g) Contract termination; debarment. The breach of the contract clauses in 29 C.F.R. part 5.5 may be grounds for termination of the contract, and for debarment as a Contractor and a j subcontractor as provided in 29 CY R § 5.12. i I Economic Development Adminismon Contracting Provisions for Cons"ction Projects i (h) Compliance with Davis -Bacon and Related Act Requirements. All rulings and irrterpretations of the Davis -Bacon and Related Acts contained in 29 C.F.R. parts 1, 3, and 5 are herein incorporated by reference in this contract. (i) Disputes concerning labor standards. Disputes arising out of the labor standards i provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 C.F.R. parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and EDA or its designee, the U.S. Department of Labor, or the employees or their representatives. 0) Certification of Eligibility. (1)By entering into this Contract, the Contractor certifies that neither it nor any person or firm that has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 C.F.R. § 5.12(a)(1). (2) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 C.F.R. § 5.12(a)(1). (3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. § 1001. 16. LABOR STANDARDS - CONTRACT WORK HOURS AND SAFETY STANDARDS ACT As used in this paragraph, the terms " laborers" and " mechanics" include watchmen and guards. (a) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work, which may require or involve the employment of laborers or mechanics, shall require or permit any such laborer or mechanic in any workweek in which that person is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of ' pay for all hours worked in excess of forty hours in such workweek. 4 (b) Violation; liability for unpaid wages, liquidated damages. In the event of any violation of ,y the clause set forth in paragraph (a) of this section, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a) of this section, in the sum of $10 for each calendar day on which such individual was required or y Economic Development Admmistrauon Coubuting Provisions for Construction Pmjer& ! V*`vr C/ { i permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a) of this section. i (c) Withholding for unpaid wages and liquidated damages. EDA or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor under any such Contract or any other federal contract with the same prime Contractor, or any other federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b) of this section. (d) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (a) through (c) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a) through (c) of this section 17. EQUAL EMPLOYMENT OPPORTUNITY (a) The Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 C.F.R. chapter 60, which is paid for in whole or in part with funds obtained from EDA, the following equal opportunity clause: During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay'or other forms of compensation; and selection for training including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, i1i all solicitations or advertisements for employees placed by or on behalf of the Contractor state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice to be provided advising the said labor union or workers representatives of the Contractor's Economic Development Admkohadon Contracting Provisions for Conswwuan Projects - 4PVr 60 commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and pursuant to rules, regulations, and orders of the Secretary of Labor and will permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally - assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the portion of the sentence immediately preceding paragraph 17(a) (1) and the provisions of paragraphs 17(a)(1) through (6) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as EDA or the Secretary of Labor may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event the Contractor becomes involved in or is threatened with litigation with or by a subcontractor or vendor as a result of such direction by EDA or the Secretary of Labor, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. (8) The Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally - assisted construction work. Provided, however, that if the Recipient so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government that does not participate in ' work on or under the Contract. (9) The Recipient agrees that it will assist and cooperate actively with EDA and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish EDA and the Secretary of Labor such information as they may �{ i Economic Development Administration j Contracting Provisions for Construction Projects r. require for the supervision of such compliance, and that it will otherwise assist EDA in the discharge of the EDA's primary responsibility for securing compliance. 10 The Recipient further agrees that it will refrain from ( ) p gr entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a Contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by EDA or the Secretary of Labor pursuant to Part H, Subpart D of the Executive order. In addition, the Recipient agrees that if it fails or refuses to comply with these undertakings, EDA may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this EDA financial assistance; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (b) Exemptions to Above Equal Opportunity Clause (41 C.F.R, chapter 60): (1) Contracts and subcontracts not exceeding $10,000 (other than Government bills of lading) are exempt. The amount of the Contract, rather than the amount of the federal financial assistance, shall govern in determining the applicability of this exemption. (2) Except in the case of subcontractors for the performance of construction work at the site of construction, the clause shall not be required to be inserted in subcontracts below the second tier. (3) Contracts and subcontracts not exceeding $10,000 for standard commercial supplies � or raw materials are exempt. 18. CONTRACTING WITH SMALL. MINORITY AND WOMEN'S BUSINESSES (a) If the Contractor intends to let any subcontracts for a portion of the work, the Contractor shall take affirmative steps to assure that small, minority and women's businesses are used when possible as sources of supplies, equipment, construction, and services (b) Affirmative steps shall consist t'& z s (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Ensuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources; ! Economic Development Administration Contracting Provisions For Construction Projects (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises; (4) Establishing delivery schedules, where the requirements of the contract permit, which encourage participation by small and minority businesses and women's business enterprises; (5) Using the services and assistance of the U.S. Small Business Administration, the Minority Business Development Agency of the U.S. Department of Commerce, and State i and local governmental small business agencies; (6) Requiring each party to a subcontract to take the affirmative steps of this section; and The Contractor is encouraged uraged to procure goods and services from labor surplus area firms 19. HEALTH. SAFETY, AND ACCIDENT PREVENTION (a) In performing this contract, the Contractor shall: (1) Ensure that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to their health I and/or safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation; i I (2) Protect the lives, health, and safety of other persons; (3) Prevent damage to property, materials, supplies, and equipment; and, (4) Avoid work interruptions. f (b) For these purposes, the Contractor shall: I (1) Comply with regulations and standards issued by the Secretary of Labor at 29 C.F R part 1926. Failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (40 U.S.C. § 3701— 3708); and ' (2) Include the terms of this clause in every subcontract so that such is will be i binding on each subcontractor. (c) The Contractor shall maintain an accurate record of exposure data on all accidents incident to work performed under this Contract resulting in death, traumatic injury, occupational disease, or damage to property, materials, supplies, or equipment, and shall report this data in the manner prescribed by 29 C.F.R part 1904. Economic Development Adminisbathon C Uactmg Provisions for Con l action Projects TW +4 fKT Ci (d) The Owner shall notify the Contractor of any noncompliance with these requirements and of the corrective action required. This notice, when delivered to the Contractor or the Contractor's representative at the site of the Work, shall be deemed sufficient notice of the noncompliance and corrective action required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to take corrective action promptly, the Owner may issue an order stopping all or part of the Work until satisfactory corrective action has been taken. The Contractor shall not base any claim or request for equitable adjustment for additional time or money on any stop order issued under these circumstances. (e) The Contractor shall be responsible for its subcontractors' compliance with the provisions of this clause. The Contractor shall take such action with respect to any subcontract as EDA, or the Secretary of Labor shall direct as a means of enforcing such provisions. 20. CONFLICT OF INTEREST AND OTHER PROHIBITED INTERESTS f (a) No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with the construction of the Project, shall become directly or indirectly interested personally in this Contract or in any part hereof. (b) No officer, employee, architect, attorney, engineer, or inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any legislative, executive, supervisory or other similar functions in connection with the construction of the Project, shall become directly or indirectly interested personally in this Contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the Project. i (c) The Contractor may not knowingly contract with a supplier or manufacturer if the individual or entity who prepared the Contract Documents has a corporate or financial affiliation with the supplier or manufacturer. i (d) The Owner's officers, employees, or agents shall not engage in the award or administration of this Contract if a conflict of interest, real or apparent, may be involved. Such a conflict may arise when: (i) the employee, officer or agent; (ii) any member of their immediate family, (iii) their partner or (iv) an organization that employs, or is about to employ, any of the above, has a financial interest in the Contractor. The Owner's officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from the Contractor or subcontractors. (e) If the Owner finds after a notice and hearing that the Contractor, or any of the Contractor's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts, or ` otherwise) to any official, employee, or agent of the Owner or EDA in an attempt to secure this Contract or favorable treatment in awarding, amending, or making any determinations related to the performance of this Contract, the Owner may, by written notice to the Contractor, terminate this Contract. The Owner may also pursue other rights and remedies that the law or this Contract t I Economic Development Admini d ion Conhactmg Provisions for Conshucdon Projects j S % Vi E provides. However, the existence of the facts on which the Owner bases such findings shall be an issue and may be reviewed in proceedings under the dispute resolution provisions of this Contract. (f) In the event this Contract is terminated as provided in paragraph (e) of this section, the Owner may pursue the same remedies against the Contractor as it could pursue in the event of a breach of this Contract by the Contractor. As a penalty, in addition to any other damages to which it may be entitled by law, the Owner may pursue exemplary damages in an amount (as determined by the Owner) which shall not be less than three nor more than ten times the costs the Contractor incurs in providing any such gratuities to any such officer or employee. 21. RESTRICTIONS ON LOBBYING (a) This Contract, or subcontract is subject to section 319 of Public Law 101 -121, which added section 1352, regarding lobbying restrictions, to chapter 13 of title 31 of the United States Code. j The new section is explained in the common rule, 15 C.F.R. part 28 (55 FR 6736 -6748, February { 26, 1990). Each bidder under this Contract or subcontract is generally prohibited from using i federal funds for lobbying the Executive or Legislative Branches of the Federal Government in connection with this EDA Award. i { (b) Contract Clause Threshold: This Contract Clause regarding lobbying must be included in each bid for a contract or subcontract exceeding $100,000 of federal funds at any tier under the EDA Award. (c) Certification and Disclosure: Each bidder of a contract or subcontract exceeding $100,000 of federal funds at any tier under the federal Award must file Form CD -512, Certification Regarding Lobbying, and, if applicable, Standard Form LLL, Disclosure of Lobbying Activities, ' regarding the use of any nonfederal fimds for lobbying. Certifications shall be retained by the Contractor or subcontractor at the next higher tier. All disclosure forms, however, shall be i forwarded from tier to tier until received by the Recipient of the EDA Award, who shall forward all disclosure forms to EDA. { (d) Continuing Disclosure Requirement: Each Contractor or subcontractor that is subject to I the Certification and Disclosure provision of this Contract Clause is required to file a disclosure j form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by such person. Disclosure forms shall be forwarded from tier t-to tier until received by the Recipient of the EDA Award, who shall forward all disclosure. to EDA. (e) Indian Tribes, Tribal Organizations, or Other Indian Organizations: Indian tribes, tribal organizations, or any other Indian organizations, including Alaskan.Native organizations, are excluded from the above lobbying restrictions and reporting requirements, but only with by rganizations f respect to expenditures that are such tubes or for lobbying activities permitted o by other federal law. An Indian tube or organization that is seeking an exclusion from Certification and Disclosure requirements must provide EDA with the citation of the provision or provisions of federal law upon which it relies to conduct lobbying activities that would otherwise j Economic Development Administration i Con act[ng Provisions for Conshuchon Projects WAS c'r tai ! i be subject to the prohibitions in and to the Certification and Disclosure requirements of section 319 of Public Law No. 101 -121, preferably through an attorney's opinion. Note, also, that a non - Indian subrecipient, contractor, or subcontractor under an award to an Indian tribe, for example, is subject to the restrictions and reporting requirements. 22. HISTORICAL AND ARCRAEOLOGICAL DATA PRESERVATION The Contractor agrees to facilitate the preservation and enhancement of structures and objects of historical, architectural or archaeological significance and when such items are found and/or unearthed during the course of project construction. Any excavation by the Contractor that uncovers an historical or archaeological artifact shall be immediately reported to the Owner and a representative of EDA. Construction shall be temporarily halted pending the notification process and further directions issued by EDA after consultation with the State Historic Preservation Officer (SHPO) for recovery of the items. See the National Historic Preservation Act of 1966 (80 Stat 915,16 U.S.C. § 470) and Executive Order No. 11593 of May 31, 1971. 23. CLEAN AIR AND WATER Applicable to Contracts in Excess of $100,000 (a) Definition. "Facility" means any building, plant, installation, structure, mine, vessel, or other floating craft, location, or site of operations, owned, leased, or supervised by the Contractor or any subcontractor, used in the performance of the Contract or any subcontract. When a location or site of operations includes more than one building, plant, installation, or structure, the entire location or site shall be deemed a facility except when the Administrator, or a designee, of the United States Environmental Protection Agency (EPA) determines that independent facilities , are collocated in one geographical area. (b) In compliance with regulations issued by the EPA, 2 C.F.R. part 1532, pursuant to the Clean Air Act, as amended (42 U.S.C. § 7401 et seq.); the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1251 et seq.); and Executive Order 11738, the Contractor agrees to: I (1) Not utilize any facility in the performance of this contract or any subcontract which is listed on the EPA List of Violating Facilities pursuant to 2 C.F.R part 1532 for the , duration of time that the facility remains on the list; ` (2) Promptly notify the Owner if a facility the Contractor intends to use in the performance of this contract is on the EPA List of Violating Facilities or the Contractor knows that it has been recommended to be placed on the List; } (3) Comply with all requirements of the Clean Air Act and the Federal Water Pollution ' Control Act, including the requirements of section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act, and all applicable clean air and clean water standards; and i F.conanic Development Administration Contuft Provisions for Consmwhon Projects r'or (4) Include or cause to be included the provisions of this clause in every subcontract and take such action as EDA may direct as a means of enforcing such provisions. 24. USE OF LEAD -BASED PAINTS ON RESIDENTIAL STRUCTURES (a) If the work under this Contract involves construction or rehabilitation of residential structures, the Contractor shall comply with the Lead-based Paint Poisoning Prevention Act (42 U.S.C. § 4831). The Contractor shall assure that paint used on the Project on applicable surfaces does not contain lead in excess of the percentages set forth in Paragraphs (a) and (b) of this section. In determining compliance with these standards, the lead content of the paint shall be measured on the basis of the total nonvolatile content of the paint or on the basis of an equivalent measure of lead in the dried film of paint already applied. (1) For paint manufactured after June 22, 1977, paint may not contain lead in excess of 6 one - hundredths of 1 percent (.0006) lead by weight (2) For paint manufactured on or before June 22, 1977, paint may not contain lead in excess of five-tenths of 1 percent lead by weight. (b) As a condition to receiving assistance under PWEDA, recipients shall assure that the restriction against the use of lead -based paint is included in all contracts and subcontracts involving the use of federal funds. (c) Definitions (1) "Applicable surfaces" are those exterior surfaces which are readily accessible to children under seven years of age. (2) "Residential structures" means houses, apartments, or other structures intended for human habitation, including institutional structures where persons reside, which are accessible to children under seven years of age, such as day care centers, intermediate and extended care facilities, and certain community facilities 25. ENERGY EFFICIENCY i The Contractor shall comply with all standards and policies relating to energy efficiency which are contained in the energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public L. No. 94 -163) for the State in which the Wdrk udder the Contract is performed 26. ENVIRONMENTAL REQUIREMENTS When constructing a Project involving trenching and/or other related earth excavations, the Contractor shall comply with the following environmental constraints: (1) Wetlands. When disposing of excess, spoil, or other construction materials on l public or private property, the Contractor shall not fill in or otherwise convert wetlands. Economic Development Administration Contracting Provisions for Construction Projects V I C 60- I (2) Floodplains. When disposing of excess, spoil, or other construction materials on public or private property, the Contractor shall not fill in or otherwise convert 100 year floodplain areas delineated on the latest Federal Emergency Management Agency TEMA) Floodplain Maps, or other appropriate maps, i.e., alluvial soils on Natural Resource Conservation Service (MRCS) Soil Survey Maps. (4) Endangered Species. The Contractor shall comply with the Endangered Species Act, which provides for the protection of endangered and/or threatened species and critical habitat. Should any evidence of the presence of endangered and/or threatened species or their critical habitat be brought to the attention of the Contractor, the Contractor will immediately report this evidence to the Owner and a representative of EDA. Construction shall be temporarily halted pending the notification process and further directions issued by EDA after consultation with the U.S. Fish and Wildlife Service. 27. DEBARMENT. SUSPENSION. INELIGIBILITY. AND VOLUNTARY EXCLUSIONS As required by Executive Order 12549, Debarment and Suspension, and implemented at 2 C.F.R. part 1326, for prospective participants in lower tier covered transactions (except subcontracts for goods or services under the $25,000 small purchase threshold unless the subrecipient will have a critical influence on or substantive control over the award), as defined at , 2 C.F.R. part 1326. (1) By entering into this Contract, and by further executing Form CD -512, the Contractor and subcontractors certify, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from j participation in this Contract by any federal department or agency. f (2) Where the Contractor or subcontractors are unable to certify to any of the statements in this certification, the Contractor or subcontractors shall attach an explanation to this bid. See also 15 C.F.R.' § § 14.13 or 24.35, as applicable. 28 FDA PROJECT SIGN The Contractor shall supply, erect, and maintain in good condition a Project sign according to the specifications provided by EDA. To the extent practical, the sign should be a free standing sign Project signs shall not be located on public highway rights -of -way. Location and height of signs will be coordinated with the local agency responsible for highway or street safety in the Project area, if any possibility exists for obstructing vehicular traffic line of sight. Whenever the EDA site sign specifications conflict with State law or local ordinances, the EDA Regional Director will permit such conflicting specifications to be modified so as to comply with State law or local ordinance. Economic Dewlq=e+rt Admmisaation Conuachng Provi } si + o�n - s for Conshuction Projects o `�r 1 1/17/12 4 36 PM <html > <head >< /head ><body > <pre style = " word-wrap • break -word; white- space: pre - wrap;">General Decision Number: WAl20001 01/13/2012 WA1 Superseded General Decision Number. WA20100001 State: Washington Construction Type: Highway Counties: Washington Statewide. HIGHWAY (Excludes D.O.E. Hanford Site in Benton and Franklin Counties) Modification Number Publication Date 0 01/06/2012 1 01/13/2012 CARP0001 -008 09/01/2009 Rates Fringes Carpenters: COLUMBIA RIVER AREA - ADAMS, BENTON, COLUMBIA, DOUGLAS (EAST OF THE 120TH MERIDIAN), FERRY, FRANKLIN, GRANT, OKANOGAN (EAST OF THE 120TH MERIDIAN) AND WALLA WALLA COUNTIES GROUP 1: ..... ....... ....$ 27.73 10.56 GROUP 2: ................... $ 29.73 10.56 GROUP 3: ..................$ 28.00 10.56 GROUP 4: ................... $ 27.73 10.56 GROUP 5: ........ .... .....$ 63.50 10.56 GROUP 6 ....................$ 30.75 10.56 GROUP 7 .. ................$ 31.75 10.56 GROUP 8... . . . . ...$ 28.00 10 56 GROUP 9 .............. .....$ 33.75 10.56 SPOKANE AREA: ASOTIN, GARFIELD, LINCOLN, PEND OREILLE, SPOKANE, STEVENS AND WHITMAN COUNTIES GROUP 1 ........... .......$ 26.06 10.56 GROUP 2: ................... $ 28.06 10 56 GROUP 3: ................... $ 26.32 10.56 GROUP 4: ............ ......$ 26.06 10.56 GROUP 5: ................... $ 60.14 10.56 GROUP 6: ................... $ 29.07 10.56 GROUP 7 ... ........... ... $ 30.07 10 56 GROUP 8 .. ... ... $ 27.32 10.56 GROUP 9. ...... ... . ... $ 33 07 10.56 CARPENTER &amp, DIVER CLASSIFICATIONS- file /// Users /brianfyall / Documents/ Park %20Ave %20Plaza /Bidding %20 -% astern% 204th / Exhibit%20C %20- %20Davis %208acon %20wa1 dvb webarchrve Page 1 of 40 1/17/12 4 36 PM GROUP 1: Carpenter GROUP 2: Millwright, machine erector GROUP 3. Piledriver - includes driving, pulling, cutting, placing collars, setting, welding, or creosote treated material, on all piling GROUP 4: Bridge carpenters GROUP 5: Diver Wet GROUP 6: Diver Tender, Manifold Operator, ROV Operator GROUP 7: Diver Standby, Bell /Vehicle or Submersible operator Not Under Pressure GROUP 8: Assistant Tender, ROV Tender /Technician GROUP 9: Manifold Operator -Mixed Gas ZONE PAY: ZONE 1 0 -40 MILES FREE ZONE 2 41 -65 MILES $2.25 /PER HOUR ZONE 3 66 -100 MILES $3.25 /PER HOUR ZONE 4 OVER 100 MILES $4.75 /PER HOUR DISPATCH POINTS: CARPENTERS /MILLWRIGHTS: PASCO (515 N Neel Street) or Main Post Office of established residence of employee (Whichever is closest to the worksite). CARPENTERS /PILEDRIVER: SPOKANE (127 E. AUGUSTA AVE.) or Main Post Office of established residence of employee (Whichever is closest to the worksite). CARPENTERS: WENATCHEE (27 N. CHELAN) or Main Post Office of established residence of employee (Whichever is closest to the worksite). CARPENTERS: COEUR D' ALENE (1839 N. GOVERNMENT WAY) or Main Post Office of established residence of employee (Whichever is closest to the worksite). CARPENTERS: MOSCOW (302 N. JACKSON) or Main Post Office of established residence of employee (Whichever is closest to the worksite). DEPTH PAY FOR DIVERS BELOW WATER SURFACE: 50 -100 feet $2.00 per foot 101 -150 feet $3.00 per foot 151 -220 feet $4.00 per foot 221 feet and deeper $5.00 per foot PREMIUM PAY FOR DIVING IN ENCLOSURES WITH NO VERTICAL ASCENT: file /// Users /bnanfyalI /Documents/ Park %20Ave %20Plaza /Bidding %20 -% astern% 204th / Exhibit9620C %20- %20Davis %20Bacon %20wa1 dvb webarchive Page 2 of 40 1/17/12 4 36 PM 0 -25 feet Free 26 -300 feet $1 00 per Foot SATURATION DIVING: The standby rate applies until saturation starts The saturation diving rate applies when divers are under pressure continuously until work task and decompression are complete. the diver rate shall be paid for all saturation hours. WORK IN COMBINATION OF CLASSIFICATIONS: Employees working in any combination of classifications within the diving crew (except dive supervisor) in a shift are paid in the classification with the highest rate for that shift. HAZMAT PROJECTS: Anyone working on a HAZMAT fob (task), where HAZMAT certification is required, shall be compensated at a premium, in addition to the classification working in as follows: LEVEL D + $.25 per hour - This is the lowest level of protection. No respirator is used and skin protection is minimal. LEVEL C + $.50 per hour - This level uses an air purifying respirator or additional protective clothing. LEVEL B + $.75 per hour - Uses same respirator protection as Level A. Supplied air line is provided in conjunction with a chemical "splash suit ". LEVEL A +$1.00 per hour - This level utilizes a fully encapsulated suit with a self - contained breathing apparatus or a supplied air line. ---------------------------------------------------------------- CARP0003 -006 10/01/2011 SOUTHWEST WASHINGTON• CLARK, COWLITZ, KLICKITAT, LEWIS(Piledriver only), PACIFIC (South of a straight line made by extending the north boundary line of Wahkiakum County west to Willapa Bay to the Pacific Ocean), SKAMANIA AND WAHKIAKUM COUNTIES and INCLUDES THE ENTIRE PENINSULA WEST OF WILLAPA BAY SEE ZONE DESCRIPTION FOR CITIES BASE POINTS ZONE 1: Rates Fringes carpenters CARPENTERS.. ... .........$ 32.04 14.18 DIVERS TENDERS... .$ 36.34 14.18 DIVERS .. $ 77.08 14.18 file /// Users /bnanfyalI /Documents / Park %20Ave %20Plaza /Bidding %20 -% astern% 204th / Exhibit%20C %20- %20Davis %208acon %20wa1 dvb webarchive Page 3 of 40 1/17/12 4 36 PM DRYWALL. .... .... ... $ 27.56 14 18 MILLWRIGHTS.. .. .$ 32.19 14.18 PILEDRIVERS .. ....$ 33.04 14 18 DEPTH PAY. 50 TO 100 FEET $1 00 PER FOOT OVER 50 FEET 101 TO 150 FEET $1.50 PER FOOT OVER 101 FEET 151 TO 200 FEET $2.00 PER FOOT OVER 151 FEET Zone Differential (Add up Zone 1 rates): Zone 2 - $0.85 Zone 3 - 1.25 Zone 4 - 1.70 Zone 5 - 2.00 Zone 6 - 3 00 BASEPOINTS: ASTORIA, LONGVIEW, PORTLAND, THE DALLES, AND VANCOUVER, (NOTE: All dispatches for Washington State Counties: Cowlitz, Wahkiakum and Pacific shall be from Longview Local #1707 and mileage shall be computed from that point.) ZONE 1• Projects located within 30 miles of the respective city hall of the above mentioned cities ZONE 2. Projects located more than 30 miles and less than 40 miles of the respective city of the above mentioned cities ZONE 3. Projects located more than 40 miles and less than 50 miles of the respective city of the above mentioned cities ZONE 4: Projects located more than 50 miles and less than 60 miles of the respective city of the above mentioned cities. ZONE 5: Projects located more than 60 miles and less than 70 miles of the respective city of the above mentioned cities ZONE 6: Projects located more than 70 miles of the respected city of the above mentioned cities ---------------------------------------------------------------- CARP0770 -003 06/01/2010 Rates Fringes Carpenters: CENTRAL WASHINGTON: CHELAN, DOUGLAS (WEST OF THE 120TH MERIDIAN), KITTITAS, OKANOGAN (WEST OF THE 120TH MERIDIAN) AND YAKIMA COUNTIES CARPENTERS ON CREOSOTE MATERIAL ............... ...$ 35.49 12.60 CARPENTERS ................$ 35.39 12.60 DIVERS TENDER ..............$ 39.15 12.60 DIVERS ................... .$ 87.20 12.60 MILLWRIGHT AND MACHINE ERECTORS ...................$ 36.39 12 60 PILEDRIVER, DRIVING, PULLING, CUTTING, PLACING COLLARS, SETTING, WELDING OR CRESOTE TREATED file /// Users /brianfyall/ Document s /Park %20Ave %20PIaza /Bidding %20 % astern% 204th / Exhibit %20C %20- %20Davis %208acon %20wa1 dvb webarchive Page 4 of 40 1/17112 4 36 PM MATERIAL, ALL PILING..... .$ 35.59 12.60 (HOURLY ZONE PAY. WESTERN AND CENTRAL WASHINGTON - ALL CLASSIFICATIONS EXCEPT MILLWRIGHTS AND PILEDRIVERS Hourly Zone Pay shall be paid on fobs located outside of the free zone computed from the city center of the following listed cities: Seattle Olympia Bellingham Auburn Bremerton Anacortes Renton Shelton Yakima Aberdeen- Hoquiam Tacoma Wenatchee Ellensburg Everett Port Angeles Centralia Mount Vernon Sunnyside Chelan Pt. Townsend Zone Pay. 0 -25 radius miles Free 26 -35 radius miles $1.00 /hour 36 -45 radius miles $1.15 /hour 46 -55 radius miles $1.35 /hour Over 55 radius miles $1.55 /hour (HOURLY ZONE PAY: WESTERN AND CENTRAL WASHINGTON - MILLWRIGHT AND PILEDRIVER ONLY) Hourly Zone Pay shall be computed from Seattle Union Hall, Tacoma City center, and Everett City center Zone Pay: 0 -25 radius miles Free 26 -45 radius miles $ .70 /hour Over 45 radius miles $1.50 /hour ---------------------------------------------------------------- CARP0770 -006 06/01/2010 Rates Fringes Carpenters: WESTERN WASHINGTON• CLALLAM, GRAYS HARBOR, ISLAND, JEFFERSON, KING, KITSAP, LEWIS (excludes piledrivers only), MASON, PACIFIC (North of a straight line made by extending the north boundary line of Wahkiakum County west to the Pacific Ocean), PIERCE, SAN JUAN, SKAGIT, SNOHOMISH, THURSTON AND WHATCOM COUNTIES BRIDGE CARPENTERS.. ... .$ 35 39 13.08 CARPENTERS ON CREOSOTE MATERIAL ................ ..$ 35.49 13 08 file /// Users /bnanfyalI/ Documents/ Park %20Ave %20Plaza /Bidding %20 -% astern% 204th/ Exhibi t%20C %20- %20Davis %20Bacon %20wa1 dvb webarchrve Page 5 of 40 1/17/12 4 36 PM CARPENTERS .. .. .... $ 35.39 13 08 DIVERS TENDER... $ 39 15 13 08 DIVERS. ........ . ..... $ 87.20 13 08 MILLWRIGHT AND MACHINE ERECTORS ........ ..........$ 36.39 13.08 PILEDRIVER, DRIVING, PULLING, CUTTING, PLACING COLLARS, SETTING, WELDING OR CRESOTE TREATED MATERIAL, ALL PILING ....... $ 35.59 13.08 (HOURLY ZONE PAY: WESTERN AND CENTRAL WASHINGTON - ALL CLASSIFICATIONS EXCEPT MILLWRIGHTS AND PILEDRIVERS Hourly Zone Pay shall be paid on fobs located outside of the free zone computed from the city center of the following listed cities: Seattle Olympia Bellingham Auburn Bremerton Anacortes Renton Shelton Yakima Aberdeen- Hoquiam Tacoma Wenatchee Ellensburg Everett Port Angeles Centralia Mount Vernon Sunnyside Chelan Pt. Townsend Zone Pay. 0 -25 radius miles Free 26 -35 radius miles $1.00 /hour 36 -45 radius miles $1.15 /hour 46 -55 radius miles $1.35 /hour Over 55 radius miles $1.55 /hour (HOURLY ZONE PAY: WESTERN AND CENTRAL WASHINGTON - MILLWRIGHT AND PILEDRIVER ONLY) Hourly Zone Pay shall be computed from Seattle Union Hall, Tacoma City center, and Everett City center Zone Pay. 0 -25 radius miles Free 26 -45 radius miles $ .70 /hour Over 45 radius miles $1.50 /hour ---------------------------------------------------------------- ELEC0046 -001 06/01/2009 CALLAM, JEFFERSON, KING AND KITSAP COUNTIES Rates Fringes CABLE SPLICER ....................$ 44.89 3% +15.71 ELECTRICIAN .... .............. ..$ 40.81 3% +15.71 ---------------------------------------------------------------- * ELECO048 -003 07/01/2011 CLARK, KLICKITAT AND SKAMANIA COUNTIES file /// Users /bnanfyall/ Documents / Park %20Ave %20Plaza /Bidding %20 -% astern% 204th / Exhibit%20C %20- %20Davis %20Bacon %20wa1 dvb webarchrve Page 6 of 40 1/17/12 4 36 PM Rates Fringes CABLE SPLICER ....... ...... .. $ 39 66 17.49 ELECTRICIAN ............... .... $ 36 05 17 38 HOURLY ZONE PAY: Hourly Zone Pay shall be paid on fobs located outside of the free zone computed from the city center of the following listed cities: Portland, The Dalles, Hood River, Tillamook, Seaside and Astoria Zone Pay: Zone 1: 31 -50 miles $1.50 /hour Zone 2: 51 -70 miles $3.50 /hour Zone 3: 71 -90 miles $5.50 /hour Zone 4• Beyond 90 miles $9.00 /hour *These are not miles driven. Zones are based on Delorrne Street Atlas USA 2006 plus. ---------------------------------------------------------------- ELEC0073 -001 08/22/2011 ADAMS, FERRY, LINCOLN, PEND OREILLE, SPOKANE, STEVENS, WHITMAN COUNTIES Rates Fringes CABLE SPLICER .................. .$ 31.48 14.84 ELECTRICIAN ................... ..$ 28.62 14.84 ---------------------------------------------------------------- ELEC0076 -002 09/01/2011 GRAYS HARBOR, LEWIS, MASON, PACIFIC, PIERCE, AND THURSTON COUNTIES Rates Fringes CABLE SPLICER ............. ... ..$ 37.54 21.62 ELECTRICIAN ... .. .......... ....$ 34.13 21.62 ---------------------------------------------------------------- ELEC0112 -005 06/01/2011 ASOTIN, BENTON, COLUMBIA, FRANKLIN, GARFIELD, KITTITAS, WALLA WALLA, YAKIMA COUNTIES Rates Fringes CABLE SPLICER ......... ..........$ 37.70 35+14.63 ELECTRICIAN ...... ..... ... .. $ 35.90 3% +14.63 ---------------------------------------------------------------- ELEC0191 -003 07/01/2011 file // /Users /bnanfyall /Documents/ Park %20Ave %20Plaza /Bidding %20 -% ast ern% 204th / Exhibit %20C %20- %20Davis %208acon %20wa1 dvb webarchrve Page 7 of 40 1/17/12 4 36 PM ISLAND, SAN JUAN, SNOHOMISH, SKAGIT AND WHATCOM COUNTIES Rates Fringes CABLE SPLICER.. ... .... ... $ 42.91 15 39 ELECTRICIAN .... ............ ... $ 39.01 15.39 ---------------------------------------------------------------- * ELECO191 -004 07/01/2011 CHELAN, DOUGLAS, GRANT AND OKANOGAN COUNTIES Rates Fringes CABLE SPLICER ..... ....... ......$ 39.28 15.24 ELECTRICIAN ................. ....$ 35.71 15.24 ---------------------------------------------------------------- ELEC0970 -001 01/01/2009 COWLITZ AND WAHKIAKUM COUNTY Rates Fringes CABLE SPLICER ....................$ 34.68 3% +9.59 ELECTRICIAN . ................ ...$ 31.53 3% +9.59 ---------------------------------------------------------------- ENGI0302 -003 06/01/2011 CHELAN (WEST OF THE 120TH MERIDIAN), CLALLAM, DOUGLAS (WEST OF THE 120TH MERIDIAN), GRAYS HARBOR, ISLAND, JEFFERSON, KING, KITSAP, KITTITAS, MASON, OKANOGAN (WEST OF THE 120TH MERIDIAN), SAN JUNA, SKAGIT, SNOHOMISH, WHATCOM AND YAKIMA (WEST OF THE 120TH MERIDIAN) COUNTIES PROJECTS: CATEGORY A PROJECTS (EXCLUDES CATEGORY B PROJECTS, AS SHOWN BELOW) Zone 1 (0 -25 radius miles): Rates Fringes Power equipment operators - Group 1A.......... .. ....$ 35.79 15 15 Group 1AA ..................$ 36.36 15.15 Group 1AAA ..... ....... ...$ 36.92 15.15 Group 1 ............ ........$ 35.24 15.15 Group 2 .............. . ... $ 34.75 15.15 Group 3 ............ ........$ 34.33 15.15 Group 4 .....................$ 31.97 15.15 Zone Differential (Add to Zone 1 rates). Zone 2 (26 -45 radius miles) - $1.00 Zone 3 (Over 45 radius miles) - $1.30 BASEPOINTS: Aberdeen, Bellingham, Bremerton, Everett, Kent, Mount Vernon, Port Angeles, Port Townsend, Seattle, file /// Users /bnanfyall/ Documents / Park %20Ave %20PIaza /Bidding %20 -% astern% 204th / Exhibit%20C %20- %20Davis %208acon %20wa1 dvb webarchrve Page 8 of 40 1/17/12 4 36 PM Shelton, Wenatchee, Yakima POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1AAA - Cranes -over 300 tons, or 300 ft of boom (including fib with attachments) GROUP 1AA - Cranes 200 to 300 tons, or 250 ft of boom (including jib with attachments); Tower crane over 175 ft in height, base to boom GROUP 1A - Cranes, 100 tons thru 199 tons, or 150 ft of boom (including fib with attachments); Crane - overhead, bridge type, 100 tons and over; Tower crane up to 175 ft in height base to boom; Loaders - overhead, 8 yards and over; Shovels, excavator, backhoes -6 yards and over with attachments GROUP 1 - Cableway; Cranes 45 tons thru 99 tons, under 150 ft of boom (including fib with attachments), Crane - overhead, bridge type, 45 tons thru 99 tons; Derricks on building work; Excavator, shovel, backhoes over 3 yards and under 6 yards; Hard tail end dump articulating off -road equipment 45 yards and over; Loader- overhead 6 yards to, but not including 8 yards;_ Mucking machine, mole, tunnel, drill and /or shield; Quad 9, HD 41, D -10; Remote control operator on rubber tired earth moving equipment; Rollagon; Scrapers -self propelled 45 yards and over; Slipform pavers; Transporters, all truck or track type GROUP 2 - Barrier machine (zipper); Batch Plant Operaor- Concrete; Bump Cutter; Cranes, 20 tons thru 44 tons with attachments; Crane - overhead, bridge type -20 tons through 44 tons; Chipper; Concrete Pump -truck mount with boom attachment; Crusher; Deck Engineer /Deck Winches (power); Drilling machine; Excavator, shovel, backhoe- 3yards and under; Finishing Machine, Bidwell, Gamaco and similar equipment; Guardrail punch; Horizontal /directional drill operator; Loaders - overhead under 6 yards; Loaders -plant feed; Locomotives -all; Mechanics -all; Mixers- asphalt plant; Motor patrol graders - finishing; Piledriver (other than crane mount), Roto- mill,roto- grinder; Screedman, spreader, topside operator -Blaw Knox, Cedar Rapids, Jaeger, Caterpillar, Barbar Green; Scraper -self propelled, hard tail end dump, articulating off -road equipment -under 45 yards; Subgrade trimmer; Tractors, backhoes -over 75 hp, Transfer material service machine- shuttle buggy, blaw knox - roadtec; Truck crane oiler /driver -100 tons and over; Truck Mount portable conveyor; Yo Yo Pay dozer GROUP 3 - Conveyors; Cranes -thru 19 tons with attachments; A -frame crane over 10 tons; Drill oilers -auger type, truck or crane mount; Dozers -D -9 and under; Forklift -3000 lbs. and over with attachments; Horizontal /directional drill locator; Outside hoists- (elevators and manlifts), air tuggers, strato tower bucket elevators; Hydralifts /boom trucks over 10 tons; Loader - elevating type, belt; Motor patrol grader- nonfinishing, Plant oiler- asphalt, crusher, file /// Users /bnanfyalI/ Documents/ Park %20Ave %20Plaza /Bidding %20 -% astern% 204th / Exhibit 9620C %20- %20Daws %20Bacon %20wa1 dvb webarchive Page 9 of 40 1/17/12 4 36 PM Pumps- concrete, Roller, plant mix or multi. -lift materials; Saws - concrete, Scrpers- concrete and carry -all, Service engineer - equipment, Trenching machines, Truck Crane Oiler/Driver under 100 tons, Tractors, backhoe 75 hp and under GROUP 4 - Assistant Engineer, Bobcat; Brooms; Compressor; Concrete finish mah.ine -laser screed; Cranes -A frame -10 tons and under; Elevator and Manlift- permanent or shaft type; Gradechecker, Stakehop; Forklifts under 3000 lbs. with attachments; Hydralifts /boom trucks, 10 tons and under; Oil distributors, blower distribution and mulch seeding operator; Pavement breaker; Posthole digger, mechanical, Power plant; Pumps, water; Rigger and Hellman; Roller -other than plant mix; Wheel Tractors, farmall type; Shotcrete /gunite equipment operator Category B Projects- 95% of the basic hourly reate for each group plus full fringe benefits applicable to category A projects shall apply to the following projects. A Reduced rates may be paid on the following: 1. Projects involving work on structures such as buildings and bridges whose total value is less than $1.5 million excluding mechanical, electrical, and utility portions of the contract. 2. Projects of less than $1 million where no building is involved. Surfacing and paving included, but utilities excluded. 3. Marine projects (docks, wharfs, etc.) less than $150,000. HANDLING OF HAZARDOUS WASTE MATERIALS: Personnel in all craft classifications subject to working inside a federally designated hazardous perimeter shall be elg.ible for compensation in accordance with the following group schedule relative to the level of hazardous waste as outlined in the specific hazardous waste project site safety plan. H -1 Base wage rate when on a hazardous waste site when not outfitted with protective clothing H -2 Class "C" Suit - Base wage rate plus $ .25 per hour. H -3 Class "B" Suit - Base wage rate plus $ .50 per hour. H -4 Class "A" Suit - Base wage rate plus $ .75 per hour. Zone Differential (Add to Zone 1 rates). zone 2 (26 -45 radius miles) - $ .70 Zone 3 (Over 45 radius miles) - $1.00 file /// Users /bnanfyall/ Documents /Park %20Ave %20Plaza /Bidding %20 - astern% 204th/ Exhibi t%20C %20- %20Davis %206acon %20wa1 dvb webarchwe Page 10 of 40 1117/12436 PM BASEPOINTS Aberdeen, Bellingham, Bremerton, Everett, Kent, Mount Vernon, Port Angeles, Port Townsend, Seattle, Shelton, Wenatchee, Yakima POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1AAA - Cranes -over 300 tons, or 300 ft of boom (including fib with attachments) GROUP 1AA - Cranes 200 to 300 tons, or 250 ft of boom (including fib with attachments); Tower crane over 175 ft in height, base to boom GROUP 1A - Cranes, 100 tons thru 199 tons, or 150 ft of boom (including fib with attachments); Crane - overhead, bridge type, 100 tons and over; Tower crane up to 175 ft in height base to boom; Loaders - overhead, 8 yards and over, Shovels, excavator, backhoes -6 yards and over with attachments GROUP 1 - Cableway; Cranes 45 tons thru 99 tons, under 150 ft of boom (including fib with attachments); Crane - overhead, bridge type, 45 tons thru 99 tons; Derricks on building work; Excavator, shovel, backhoes over 3 yards and under 6 yards; Hard tail end dump articulating off -road equipment 45 yards and over; Loader- overhead 6 yards to, but not including 8 yards; Mucking machine, mole, tunnel, drill and /or shield; Quad 9, HD 41, D -10; Remote control operator on rubber tired earth moving equipment; Rollagon; Scrapers -self propelled 45 yards and over, Slipform pavers; Transporters, all truck or track type GROUP 2 - Barrier machine (zipper); Batch Plant Operaor- Concrete; Bump Cutter; Cranes, 20 tons thru 44 tons with attachments; Crane - overhead, bridge type -20 tons through 44 tons; Chipper; Concrete Pump -truck mount with boom attachment; Crusher; Deck Engineer /Deck Winches (power); Drilling machine; Excavator, shovel, backhoe -3 yards and under; Finishing Machine, Bidwell, Gamaco and similar equipment; Guardrail punch; Horizontal /directional drill operator; Loaders - overhead under 6 yards; Loaders -plant feed; Locomotives -all; Mechanics -all; Mixers - asphalt plant; Motor patrol graders - finishing; Piledriver (other than crane mount); Roto- mill,roto- grinder; Screedman, spreader, topside operator -Blaw Knox, Cedar Rapids, Jaeger, Caterpillar, Barbar Green; Scraper -self propelled, hard tail end dump, articulating off -road equipment -under 45 yards; Subgrade trimmer; Tractors, backhoes -over 75 hp; Transfer material service machine- shuttle buggy, blaw knox - roadtec; Truck crane oiler /driver -100 tons and over; Truck Mount portable conveyor; Yo Yo Pay dozer GROUP 3 - Conveyors; Cranes -thru 19 tons with attachments; A -frame crane over 10 tons; Drill oilers -auger type, truck or crane mount; Dozers -D -9 and under, Forklift -3000 lbs. and over with attachments; Horizontal /directional drill locator, Outside hoists - (elevators and manlifts), air tuggers, strato tower bucket elevators; Hydralifts /boom trucks over 10 tons; file /// Users/ bnanfyall/ Documents /Park %20Ave %20Plaza /Bidding %20 - astern% 204th / Exhibit%20C %20- %20Davis %20Bacon %20wa1 dvb webarchive Page 11 of 40 1/17/12 4 36 PM Loader - elevating type, belt, Motor patrol grader- nonfinishing, Plant oiler- asphalt, crusher, Pumps- concrete, Roller, plant mix or multi -lift materials; Saws - concrete; Scrpers- concrete and carry -all; Service engineer - equipment; Trenching machines; Truck Crane Oiler /Driver under 100 tons, Tractors, backhoe 75 hp and under GROUP 4 - Assistant Engineer; Bobcat; Brooms; Compressor; Concrete finish mahine -laser screed; Cranes -A frame -10 tons and under; Elevator and Manlift- permanent or shaft type; Gradechecker, Stakehop, Forklifts under 3000 lbs. with attachments; Hydralifts /boom trucks, 10 tons and under; Oil distributors, blower distribution and mulch seeding operator; Pavement breaker; Posthole digger, mechanical; Power plant; Pumps, water; Rigger and Bellman; Roller -other than plant mix; Wheel Tractors, farmall type; Shotcrete /gunite equipment operator CATEGORY B PROJECTS: 95% OF THE BASIC HOURLY RATE FOR EACH GROUP PLUS FULL FRINGE BENEFITS APPLICABLE TO CATEGORY A PROJECTS SHALL APPLY TO THE FOLLOWING PROJECTS. REDUCED RATES MAY BE PAID ON THE FOLLOWING: 1. Projects involving work on structures such as buildings and bridges whose total value is less than $1.5 million excluding mechanical, electrical, and utility portions of the contract. 2. Projects of less than $1 million where no building is involved. Surfacing and paving including, but utilities excluded. 3. Marine projects (docks, wharfs, ect.) less than $150,000 HANDLING OF HAZARDOUS WASTE MATERIALS• Personnel in all craft classifications subject to working inside a federally designed hazardous perimeter shall be elgible for compensation in accordance with the following group schedule relative to the level of hazardous waste as outlined in the specific hazardous waste project site safety plan. H -1 Base wage rate when on a hazardous waste site when not outfitted with protective clothing. H -2 Class "C" Suit - Base wage rate plus $ 25 per hour. H -3 Class "B" Suit - Base wage rate plus $.50 per hour. H -4 Class "A" Suit - Base wage rate plus $.75 per hour. ---------------------------------------------------------------- ENGI0370 -002 06/01/2011 ADAMS, ASOTIN, BENTON, CHELAN (EAST OF THE 120TH MERIDIAN), COLUMBIA, DOUGLAS (EAST OF THE 120TH MERIDIAN), FERRY, FRANKLIN, GARFIELD, GRANT, LINCOLN, OKANOGAN (EAST OF THE 120TH MERIDIAN), PEND OREILLE, SPOKANE, STEVENS, WALLA WALLA, WHITMAN AND YAKIMA (EAST OF THE 120TH MERIDIAN) COUNTIES ZONE 1• file /// Users/ bnanfyalI/ Documents/ Park %20Ave %20Plaza /Bidding %20 - astern% 204th / Exhibit %20C %20- %20Davis %20Bacon %20wa1 dvb webarchrve Page 12 of 40 1/17/12 4 36 PM Rates Fringes Power equipment operators: GROUP 1A........ .........$ 24 41 12 05 GROUP 1 ............ ........$ 24 76 12 05 GROUP 2 ..... . .............$ 25.08 12.05 GROUP 3 .... ... . ...... .$ 25.69 12 05 GROUP 4 .......... ......... $ 25.85 12.05 GROUP 5 .....................$ 26.01 12.05 GROUP 6 ...... ..............$ 26.29 12.05 GROUP 7 .... ................$ 26.56 12.05 GROUP 8 .... ................$ 27.66 12 05 ZONE DIFFERENTIAL (Add to Zone 1 rate)- Zone 2 - $2.00 Zone 1. Within 45 mile radius of Spokane, Pasco, Washington; Lewiston, Idaho Zone 2: Outside 45 mile radius of Spokane, Pasco, Washington; Lewiston, Idaho POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1A: Boat Operator; Crush Feeder; Oiler; Steam Cleaner GROUP 1. Bit Grinders; Bolt Threading Machine; Compressors (under 2000 CFM, gas, diesel, or electric power), Deck Hand; Drillers Helper (Assist driller in making drill rod connections, service drill engine and air compressor, repair drill rig and drill tools, drive drill support truck to and on the fob site, remove drill cuttings from around bore hole and inspect drill rig while in operation); Fireman &amp; Heater Tender; Hydro- seeder, Mulcher, Nozzleman; Oiler Driver, &amp, Cable Tender, Mucking Machine; Pumpman; Rollers, all types on subgrade, including seal and chip coatings (farm type, Case, John Deere &amp; similar, or Compacting vibrator), except when pulled by Dozer with operable blade; Welding Machine; Crane Oiler- Driver (CLD required) &amp; Cable Tender, Mucking Machine GROUP 2: A -frame Truck (single drum), Assistant Refrigeration Plant (under 1000 ton), Assistant Plant Operator, Fireman or Pugmixer (asphalt), Bagley or Stationary Scraper; Belt Finishing Machine; Blower Operator (cement); Cement Hog; Compressor (2000 CFM or over, 2 or more, gas diesel or electric power), Concrete Saw (multiple cut); Distributor Leverman; Ditch Witch or similar; Elevator Hoisting Materials, Dope Pots (power agitated); Fork Lift or Lumber Stacker, hydra -lift &amp; similar; Gin Trucks (pipeline); Hoist, single drum; Loaders (bucket elevators and conveyors); Longitudinal Float; Mixer (portable- concrete); Pavement Breaker, Hydra -Hammer &amp; similar; Power Broom, Railroad Ballast Regulation Operator (self - propelled); Railroad Power Tamper Operator (self - propelled), Railroad Tamper Jack Operator (self - propelled, Spray Curing Machine (concrete); Spreader Box (self - propelled), Straddle Buggy file /// Users /bnanfyall/ Documents /Park %20Ave %20PIaza /Bidding %20 - astern% 204th / Exhibit %20C %20- %20Davis %20Bacon %20wa1 dvb webarchive Page 13 of 40 1/17/12 4 36 PM (Ross &amp; similar on construction fob only), Tractor (Farm type R/T with attachment, except Backhoe), Tugger Operator GROUP 3 A -frame Truck (2 or more drums); Assistant Refrigeration Plant &amp, Chiller Operator (over 1000 ton); Backfillers (Cleveland &amp; similar), Batch Plant &amp; Wet Mix Operator, single unit (concrete), Belt -Crete Conveyors with power pack or similar; Belt Loader (Kocal or similar); Bending Machine; Bob Cat (Skid Steer), Boring Machine (earth); Boring Machine (rock under 8 inch bit) (Quarry Master, Joy or similar); Bump Cutter (Wayne, Sagi.nau or similar); Canal Lining Machine (concrete); Chipper (without crane); Cleaning &amp; Doping Machine (pipeline); Deck Engineer; Elevating Belt -type Loader (Euclid, Barber Green &amp; similar), Elevating Grader -type Loader (Dumor, Adams or similar); Generator Plant Engineers (diesel or electric); Gunnite Combination Mixer &amp; Compressor; Locomotive Engineer; Mixermobile; Mucking Machine; Posthole Auger or Punch; Pump (grout or 7et); Soil Stabilizer (P &amp; H or similar); Spreader Machine; Dozer /Tractor (up to D -6 or equivalent) and Traxcavator; Traverse Finish Machine; Turnhead Operator GROUP 4: Concrete Pumps (squeeze - Crete, flow - crete, pump - crete, Whitman &amp; similar); Curb Extruder (asphalt or concrete); Drills (churn, core, calyx or diamond), Equipment Serviceman; Greaser &amp; Oiler; Hoist (2 or more drums or Tower Hoist); Loaders (overhead &amp, front -end, under 4 yds. R /T); Refrigeration Plant Engineer (under 1000 ton); Rubber -tired Skidders (R /T with or without attachments); Surface Heater &amp; Plant Machine; Trenching Machines (under 7 ft. depth capacity); Turnhead (with re- screening); Vacuum Drill (reverse circulation drill under 8 inch bit) GROUP 5: Backhoe (under 45,000 gw); Backhoe &amp; Hoe Ram (under 3/4 yd.), Carrydeck &amp; Boom Truck (under 25 tons); Cranes (25 tons &amp; under), all attachments including clamshell, dragline; Derricks &amp; Stifflegs (under 65 tons); Drilling Equipment(8 inch bit &amp; over) (Robbins, reverse circulation &amp; similar); Hoe Ram; Piledriving Engineers; Paving (dual drum); Railroad Track Liner Operaotr (self - propelled); Refrigeration Plant Engineer (1000 tons &amp; over); Signalman (Whirleys, Highline Hammerheads or similar); Grade Checker GROUP 6 Asphalt Plant Operator; Automatic Subgrader (Ditches &amp; Trimmers)(Autograde, ABC, R A. Hansen &amp; similar on grade wire); Backhoe (45,000 gw and over to 110,000 gw); Backhoes &amp; Hoe Ram (3/4 yd. to 3 yd.); Batch Plant (over 4 units); Batch &amp; Wet Mix Operator (multiple units, 2 &amp; Incl. 4); Blade Operator (motor patrol &amp; attachments); Cable Controller (dispatcher); Compactor (self - propelled with blade); Concrete Pump Boom Truck; Concrete Slip Form Paver, Cranes (over 25 tons, to and including 45 tons), all attachments including clamshell, dragline; Crusher, Grizzle &amp; Screening Plant Operator, Dozer, 834 R/T &amp, similar, Drill Doctor, Loader Operator (front -end &amp; overhead, 4 yds. Incl. 8 yds.); Multiple Dozer Units with single blade; Paving file /// Users /bnanfyall/ Documents /Park %20Ave %20PIaza /Bidding %20 - astern% 204th / Exhibit%20C %20- %20Davis %208acon %20wa1 dvb webarchive Page 14 of 40 1/17/12 4 36 PM Machine (asphalt and concrete); Quad -Track or similar equipment, Rollerman (finishing asphalt pavement); Roto Mill (pavement grinder); Scrapers, all, rubber - tired, Screed Operator, Shovel(under 3 yds.), Trenching Machines (7 ft. depth &amp, over), Tug Boat Operator Vactor guzzler, super sucker, Lime Batch Tank Operator ( Recycle Train); Lime Brain Operator (Recycle Train); Mobile Crusher Operator (Recycle Train) GROUP 7: Backhoe (over 110,000 gw); Backhoes &amp; Hoe Ram (3 yds &amp; over); Blade (finish &amp; bluetop) Automatic, CMI, ABC, Finish Athey &amp; Huber &amp; similar when used as automatic; Cableway Operators; Concrete Cleaning /Decontamination machine operator; Cranes (over 45 tons to but not including 85 tons), all attachments including clamshell and dragine; Derricks &amp; Stiffleys (65 tons &amp; over); Elevating Belt (Holland type); Heavy equipment robotics operator; Loader (360 degrees revolving Koehring Scooper or similar); Loaders (overhead &amp; front -end, over 8 yds. to 10 yds.); Rubber -tired Scrapers (multiple engine with three or more scrapers); Shovels (3 yds. &amp; over); Whirleys &amp; Hammerheads, ALL; H.D. Mechanic; H.D. Welder; Hydraulic Platform Trailers (Goldhofer, Shaurerly andSimi.lar); Ultra High Pressure Wateriet Cutting Tool System Operator (30,000 psi); Vacuum Blasting Machine Operator GROUP 8: Cranes (85 tons and over, and all climbing, overhead,rail and tower), all attachments including clamshell, dragline; Loaders (overhead and front -end, 10 yards and over); Helicopter Pilot BOOM PAY: (All Cranes, Including Tower) 180 ft to 250 ft $ .50 over scale Over 250 ft $ .80 over scale NOTE: In computing the length of the boom on Tower Cranes, they shall be measured from the base of the Tower to the point of the boom. HAZMAT: Anyone working on HAZMAT fobs, working with supplied air shall receive $1.00 an hour above classification ---------------------------------------------------------------- ENGI0612 -006 06/01/2011 LEWIS,PIERCE, PACIFIC (portion lying north of a parallel line extending west from the northern boundary of Wahkaikum County to the sea) AND THURSTON COUNTIES ON PROJECTS DESCRIBED IN FOOTNOTE A BELOW, THE RATE FOR EACH GROUP SHALL BE 90% OF THE BASE RATE PLUS FULL FRINGE BENEFITS. ON ALL OTHER WORK, THE FOLLOWING RATES APPLY. Zone 1 (0 -25 radius miles). file /// Users /bnanfyall/ Documents /Park %20Ave %20Plaza /Bidding %20 - astern% 204th/ Exhibi t9620C %20- %20Daws %2OBacon %20wa1 dvb webarchwe Page 15 of 40 1117112 4 36 PM Rates Fringes Power equipment operators GROUP 1A. .... .... ... ..$ 35.79 15.15 GROUP 1AA.. $ 36 36 15.15 GROUP 1AAA. ... .... .$ 36.92 15 15 GROUP 1.. ..... ...... ...$ 35.24 15.15 GROUP 2 ....... .............$ 34.75 15 15 GROUP 3 .....................$ 34.33 15.15 GROUP 4 .....................$ 31.97 15.15 Zone Differential (Add to Zone 1 rates): Zone 2 (26 -45 radius miles) = $ .70 Zone 3 (Over 45 radius miles) - $1.00 BASEPOINTS: CENTRALIA, OLYMPIA, TACOMA POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1 AAA - Cranes -over 300 tons or 300 ft of boom (including fib with attachments) GROUP 1AA - Cranes- 200 tonsto 300 tons, or 250 ft of boom (including fib with attachments; Tower crane over 175 ft in height, bas to boom GROUP lA - Cranes, 100 tons thru 199 tons, or 150 ft of boom (including fib with attachments); Crane - overhead, bridge type, 100 tons and over, Tower crane up to 175 ft in height base to boom; Loaders - overhead, 8 yards and over; Shovels, excavator, backhoes -6 yards and over with attachments GROUP 1 - Cableway; Cranes 45 tons thru 99 tons under 150 ft of boom (including fib with attachments); Crane - overhead, bridge type, 45 tons thru 99 tons; Derricks on building work; Excavator, shovel, backhoes over 3 yards and under 6 yards; Hard tail end dump articulating off -road equipment 45 yards and over; Loader- overhead, 6 yards to, but not including, 8 yards; Mucking machine, mole, tunnel, drill and /or shield; Quad 9 HD 41, D -10; Remote control operator on rubber tired earth moving equipment; Rollagon; Scrapers - self- propelled 45 yards and over; Slipform pavers, Transporters, all track or truck type GROUP 2 - Barrier machine (zipper); Batch Plant Operator - concrete; Bump Cutter; Cranes, 20 tons thru 44 tons with attachments, Crane - Overhead, bridge type, 20 tons through 44 tons; Chipper; Concrete pump -truck mount with boom attachment; Crusher; Deck engineer /deck winches (power); Drilling machine; Excavator, shovel, backhoe -3 yards and under; Finishing machine, Bidwell, Gamaco and similar equipment, Guardrail punch; Loaders, overhead under 6 yards; Loaders -plant feed, Locomotives -all; Mechanics- all; Mixers, asphalt plant; Motor patrol graders, finishing; Piledriver (other than crane mount), Roto -mill, roto- grinder, Screedman, spreader, topside operator -Blaw Knox, Cedar Rapids, Jaeger, Caterpillar, Barbar Green; file /// Users /bnanfyalI/ Documents /Park %20Ave %20Plaza /Bidding %20 - astern% 204th / Exhibit%20C %20- %20Davis %20Bacon %20wa1 dvb webarchive Page 16 of 40 1/17/12 4 36 PM Scraper -self- propelled, hard tail end dump, articulating off -road equipment- under 45 yards, Subgrader trimmer, Tractors, backhoe over 75 hp, Transfer material service machine- shuttle buggy, Blaw Knox- Roadtec, Truck Crane oiler /driver -100 tons and over, Truck Mount Portable Conveyor; Yo Yo pay GROUP 3 - Conveyors; Cranes through 19 tons with attachments, Crane -A -frame over 10 tons; Drill oilers -auger type, truck or crane mount; Dozer -D -9 and under; Forklift -3000 lbs. and over with attachments; Horizontal /directional drill locator; Outside Hoists- (elevators and manlifts), air tuggers, strato tower bucket elevators; Hydralifts /boom trucks over 10 tons; Loaders - elevating type, belt; Motor patrol grader- nonfinishing; Plant oiler- asphalt, crusher; Pump- Concrete; Roller, plant mix or multi -lfit materials; Saws - concrete; Scrapers, concrete and carry all; Service engineers - equipment; Trenching machines; Truck crane oiler /driver under 100 tons; Tractors, backhoe under 75 hp GROUP 4 - Assistant Engineer; Bobcat; Brooms; Compressor; Concrete Finish Machine -laser screed; Cranes A -frame 10 tons and under; Elevator and manlift (permanent and shaft type); Forklifts -under 3000 lbs. with attachments; Gradechecker, stakehop; Hydralifts /boom trucks, 10 tons and under; Oil distributors, blower distribution and mulch seeding operator; Pavement breaker; Posthole digger- mechanical, Power plant; Pumps- water; Rigger and Bellman; Roller -other than plant mix; Wheel Tractors, farmall type, Shotcrete /gunite equipment operator FOOTNOTE A- Reduced rates may be paid on the following: 1. Projects involving work on structures such as buildings and bridges whose total value is less than $1.5 million excluding mechanical, electrical, and utility portions of the contract. 2. Projects of less than $1 million where no building is involved. Surfacing and paving included, but utilities excluded. 3. Marine projects (docks, wharfs, etc.) less than $150,000 HANDLING OF HAZARDOUS WASTE MATERIALS: Personnel in all craft classifications subject to working inside a federally designated hazardous perimeter shall be elgible for compensation in accordance with the following group schedule relative to the level of hazardous waste as outlined in the specific hazardous waste project site safety plan. H -1 Base wage rate when on a hazardous waste site when not outfitted with protective clothing H -2 Class "C" Suit - Base wage rate plus $ 25 per hour H -3 Class "B" Suit - Base wage rate plus $ 50 per hour H -4 Class "A" Suit - Base wage rate plus $ .75 per hour. ---------------------------------------------------------------- file /// Users/ bnanfyalI /Documents /Park %20Ave %20Plaza /Bidding %20 - astern% 204th / Exhibit %20C %20- %20Davis %20Bacon %20wa1 dvb webarchive Page 17 of 40 1/17/12 4 36 PM * ENGI0701 -002 01/01/2012 CLARK, COWLITZ, KLICKKITAT, PACIFIC (SOUTH), SKAMANIA, AND WAHKIAKUM COUNTIES POWER RQUIPMENT OPERATORS. ZONE 1 Rates Fringes Power equipment operators: (See Footnote A) GROUP 1 ........ ..... ......$ 37.27 12.08 GROUP 1A ....................$ 39.13 12.08 GROUP 1B .... ...............$ 41.00 12.08 GROUP 2 .....................$ 35.64 12.08 GROUP 3 .....................$ 34.64 12.08 GROUP 4 ........ ............$ 33.71 12.08 GROUP 5 ................ ....$ 32.60 12.08 GROUP 6 ........ . ..........$ 29.61 12.08 Zone Differential (add to Zone 1 rates): Zone 2 - $3.00 Zone 3 - $6.00 For the following metropolitan counties. MULTNOMAH; CLACKAMAS; MARION; WASHINGTON; YAMHILL; AND COLUMBIA; CLARK; AND COWLITZ COUNTY, WASHINGTON WITH MODIFICATIONS AS INDICATED: All jobs or projects located in Multnomah, Clackamas and Marion Counties, West of the western boundary of Mt. Hood National Forest and West of Mile Post 30 on Interstate 84 and West of Mile Post 30 on State Highway 26 and West of Mile Post 30 on Highway 22 and all jobs or projects located in Yamhill County, Washington County and Columbia County and all jobs or porjects located in Clark &amp; Cowlitz County, Washington except that portion of Cowlitz County in the Mt. St. Helens "Blast Zone" shall receive Zone I pay for all classifications. All jobs or projects located in the area outside the identified boundary above, but less than 50 miles from the Portland City Hall shall receive Zone II pay for all classifications. All jobs or projects located more than 50 miles from the Portland City Hall, but outside the identified border above, shall receive Zone III pay for all classifications. For the following cities: ALBANY, BEND; COOS BAY; EUGENE; GRANTS PASS; KLAMATH FALLS; MEDFORD; ROSEBURG All jobs or projects located within 30 miles of the respective city hall of the above mentioned cities shall receive Zone I pay for all classifications. file /// Users /bnanfyall/ Documents /Park %20Ave %20PIaza /Bidding %20 - astern% 204th / Exhibit%20C %20- %20Davis %208acon %20wa1 dvb webarchwe Page 18 of 40 1/17/12 4 36 PM All jobs or projects located more than 30 miles and less than 50 miles from the respective city hall of the above mentioned cities shall receive Zone II pay for all classifications. All jobs or projects located more than 50 miles from the respective city hall of the above mentioned cities shall receive Zone III pay for all classifications. POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: CONCRETE: Batch Plant and /or Wet Mix Operator, three units or more; CRANE. Helicopter Operator, when used in erecting work; Whirley Operator, 90 ton and over; LATTICE BOOM CRANE: Operator 200 tons through 299 tons, and /or over 200 feet boom; HYDRAULIC CRANE: Hydraulic Crane Operator 90 tons through 199 tons with luffing or tower attachments; FLOATING EQUIPMENT: Floating Crane, 150 ton but less than 250 ton GROUP 1A: HYDRAULIC CRANE: Hydraulic Operator, 200 tons and over (with luffing or tower attachment); LATTICE BOOM CRANE: Operator, 200 tons through 299 tons, with over 200 feet boom; FLOATING EQUIPMENT: Floating Crane 250 ton and over GROUP 1B: LATTICE BOOM CRANE: Operator, 300 tons through 399 tons with over 200 feet boom; Operator 400 tons and over; FLOATING EQUIPMENT Floating Crane 350 ton and over GROUP 2: ASPHALT: Asphalt Plant Operator (any type); Roto Mill, pavement profiler, operator, 6 foot lateral cut and over; BLADE. Auto Grader or "Trimmer" (Grade Checker required); Blade Operator, Robotic; BULLDOZERS. Bulldozer operator over 120,000 lbs and above; Bulldozer operator, twin engine; Bulldozer Operator,tandem, quadnine, D10, D11, and similar type; Bulldozere Robotic Equipment (any type; CONCRETE: Batch Plant and /or Wet Mix Operator, one and two drum; Automatic Concrete Slip Form Paver Operator; Concrete Canal Line Operator; Concrete Profiler, Diamond Head; CRANE: Cableway Operator, 25 tons and over; HYDRAULIC CRANE: Hydraulic crane operator 90 tons through 199 tons (without luffing or tower attachment); TOWER /WHIRLEY OPERATOR: Tower Crane Operator, Whirley Operator, under 90 tons; LATTICE BOOM CRANE: 90 through 199 tons and /or 150 to 200 feet boom; CRUSHER: Crusher Plant Operator; FLOATING EQUIPMENT: Floating Clamshell, etc.operator, 3 cu. yds. and over; Floating Crane (derrick barge) Operator, 30 tons but less than 150 tons; LOADERS: Loader operator, 120,000 lbs. and above; REMOTE CONTROL: Remote controlled earth - moving equipment; RUBBER -TIRED SCRAPERS: Rubber - tired scraper operator, with tandem scrapers, multi - engine; SHOVEL, DRAGLINE, CLAMSHELL, SKOOPER OPERATOR: Shovel, Dragline, Clamshell, operator 5 cu. yds and over; TRENCHING MACHINE: Wheel Excavator, under 750 cu. yds. per hour (Grade Oiler required); Canal Trimmer (Grade Oiler required), Wheel Excavator, over 750 cu yds per hour; file /// Users/ bnanfyalI/ Documents/ Park %20Ave %20Plaza /Bidding %20 - astern% 204th/ Exhibi t%20C %20- %200avis %20Bacon %20wa1 dvb webarchive Page 19 of 40 1/17/12 4 36 PM Band Wagon (in conjunction with wheel excavator), UNDERWATER EQUIPMENT. Underwater Equipment Operator, remote or otherwise, HYDRAULIC HOES- EXCAVATOR. Excavator over 130,000 lbs ; HYDRAULIC CRANE. Hydraulic crane operator, 50 tons through 89 tons (with luffing or tower attachment), GROUP 3• BULLDOZERS: Bulldozer operator, over 70,000 lbs. up to and including 120,000 lbs.; HYDRAULIC CRANE: Hydraulic crane operator, 50 tons through 89 tons (without luffing or tower attachment); LATTICE BOOM CRANES: Lattice Boom Crane -50 through 89 tons (and less than 150 feet boom); FORKLIFT: Rock Hound Operator; HYDRAULIC HOES- EXCAVATOR: excavator over 80,000 lbs. through 130,000 lbs., LOADERS: Loader operator 60,000 and less than 120,000; RUBBER -TIRED SCRAPERS: Scraper Operator, with tandem scrapers; Self- loading, paddle wheel, auger type, finish and /or 2 or more units; SHOVEL, DRAGLINE, CLAMSHELL,SKOOPER OPERATOR: Shovel, Dragline, Clamshell operators 3 cu. yds. but less than 5 cu yds. GROUP 4: ASPHALT: Screed Operator; Asphalt Paver operator (screeman required); BLADE: Blade operator; Blade operator, finish; Blade operator, externally controlled by electronic, mechanical hydraulic means; Blade operator, multi- engine; BULLDOZERS: Bulldozer Operator over 20,000 lbs and more than 100 horse up to 70,000 lbs; Drill Cat Operator; Side -boom Operator; Cable -Plow Operator (any type); CLEARING: Log Skidders; Chippers; Incinerator; Stump Splitter (loader mounted or similar type); Stump Grinder (loader mounted or similar type, Tub Grinder; Land Clearing Machine (Track mounted forestry mowing &amp; grinding machine); Hydro Axe (loader mounted or similar type); COMPACTORS SELF - PROPELLED: Compactor Operator, with blade; Compactor Operator, multi - engine, Compactor Operator, robotic; CONCRETE. Mixer Mobile Operator; Screed Operator; Concrete Cooling Machine Operator; Concrete Paving Road Mixer; Concrete Breaker; Reinforced Tank Banding Machine (K -17 or similar types); Laser Screed; CRANE: Chicago boom and similar types; Lift Slab Machine Operator; Boom type lifting device, 5 ton capacity or less; Hoist Operator, two (2) drum; Hoist Operator, three (3) or more drums; Derrick Operator, under 100 ton, Hoist Operator, stiff leg, guy derrick or similar type, 50 ton and over, Cableway Operator up to twenty (25) ton; Bridge Crane Operator, Locomotive, Gantry, Overhead; Cherry Picker or similar type crane; Carry Deck Operator; Hydraulic Crane Operator, under 50 tons; LATTICE BOOM CRANE OPERATOR: Lattice Boom Crane Operator, under 50 tons; CRUSHER: Generator Operator; Diesel - Electric Engineer; Grizzley Operator; Drill Doctor; Boring Machine Operator; Driller - Percussion, Diamond, Core, Cable, Rotary and similar type; Cat Drill (John Henry); Directional Drill Operator over 20,000 lbs pullback; FLOATING EQUIPMENT. Diesel - electric Engineer; Jack Operator, elevating barges, Barge Operator, self - unloading; Piledriver Operator (not crane type) (Deckhand required); Floating Clamshelll, etc. Operator, under 3 cu yds. (Fireman or Diesel - Electric Engineer required); file / / / Users/ bnanfyalI/ Documents /Park %20Ave %20PIaza /Bidding %20 - astern% 204th / Exhibit 9620C %20- %20Davis %208acon %20wa1 dvb webarchrve Page 20 of 40 1/17/12 4 36 PM Floating Crane (derrick barge) Operator, less than 30 tons, GENERATORS- Generator Operator, Diesel - electric Engineer; GUARDRAIL EQUIPMENT• Guardrail Punch Operator (all types); Guardrail Auger Operator (all types), Combination Guardrail machines, i.e , punch auger, etc., HEATING PLANT. Surface Heater and Planer Operator; HYDRAULIC HOES EXCAVATOR- Robotic Hydraulic backhoe operator, track and wheel type up to and including 20,0000 lbs. with any or all attachments; Excavator Operator over 20,000 lbs through 80,000 lbs.; LOADERS: Belt Loaders, Kolman and Ko Cal types; Loaders Operator, front end and overhead, 25,000 lbs and less than 60,000 lbs; Elevating Grader Operator by Tractor operator, Sierra, Euclid or similar types; PILEDRIVERS: Hammer Operator, Piledriver Operator (not crane type); PIPELINE, SEWER WATER: Pipe Cleaning Machine Operator; Pipe Doping Machine Operator; Pipe Bending Machine Operator, Pipe Wrapping Machine Operator, Boring Machine Operator; Back Filling Machine Operator; REMOTE CONTROL: Concrete Cleaning Decontamination Machine Operator; Ultra High Pressure Water Jet Cutting Tool System Operator /Mechanic; Vacuum Blasting Machine operator/mechanic; REPAIRMEN, HEAVY DUTY: Diesel Electric Engineer (Plant or Floating; Bolt Threading Machine operator; Drill Doctor (Bit Grinder), H.D. Mechanic; Machine Tool Operator; RUBBER -TIRED SCRAPERS: Rubber -tired Scraper Operator,single engine, single scraper, Self - loading, paddle wheel, auger type under 15 cu. yds.; Rubber -tired Scraper Operator, twin engine; Rubber -tired Scraper Operator, with push- ull attachments; Self Loading, paddle wheel, auger type 15 cu. yds. and over, single engine; Water pulls, water wagons; SHOVEL, DRAGLINE, CLAMSHELL, SKOOPER OPERATOR: Diesel Electric Engineer; Stationay Drag Scraper Operator; Shovel, Dragline, Clamshell, Operator under 3 cy yds ; Grade -all Operator; SURFACE (BASE) MATERIAL: Blade mounted spreaders, Ulrich and similar types; TRACTOR - RUBBERED TIRED: Tractor operator, rubber - tired, over 50 hp flywheel; Tractor operator, with boom attachment; Rubber -tired dozers and pushers (Michigan, Cat, Hough type); Skip Loader, Drag Box; TRENCHING MACHINE. Trenching Machine operator, digging capacity over 3 ft depth; Back filling machine operator; TUNNEL: Mucking machine operator GROUP 5: ASPHALT- Extrusion Machine Operator; Roller Operator (any asphalt mix); Asphalt Burner and Reconditioner Operator (any type); Roto -Mill, pavement profiler, ground man; BULLDOZERS- Bulldozer operator, 20,000 lbs. or less or 100 horse or less; COMPRESSORS: Compressor Operator (any power), over 1,250 cu ft. total capacity; COMPACTORS: Compactor Operator, including vibratory; Wagner Pactor Operator or similar type (without blade); CONCRETE: Combination mixer and Compressor Operator, gunite work; Concrete Batch Plant Quality Control Operator; Beltcrete Operator; Pumperete Operator (any type), Pavement Grinder and /or Grooving Machine Operator (riding type), Cement Pump Operator, Fuller- Kenyon and similar; Concrete Pump Operator; Grouting Machine Operator; Concrete mixer operator, single drum, under (5) bag file / / /users /bnanfyall/ Documents /Park %20Ave %20Plaza /Bidding %20 - astern% 204th / Exhibit %20C %20- %20Davis %20Bacon %20wa1 dvb webarchive Page 21 of 40 1/17/12 4 36 PM capacity, Cast in place pipe laying machine; maginnis Internal Full slab vibrator operator, Concrete finishing mahine operator, Clary, Johnson, Bidwell, Burgess Bridge deck or similar type, Curb Machine Operator, mechanical Berm, Curb and /or Curb and Gutter, Concrete Joint Machine Operator, Concrete Planer Operator, Tower Mobile Operator, Power Jumbo Operator setting slip forms in tunnels, Slip Form Pumps, power driven hydraulic lifting device for concrete forms; Concrete Paving Machine Operator; Concrete Finishing Machine Operator; Concrete Spreader Operator; CRANE: Helicopter Hoist Operator; Hoist Operator, single drum; Elevator Operator; A -frame Truck Operator, Double drum; Boom Truck Operator, HYDRAULIC CRANE OPERATOR: Hydraulic Boom Truck, Pittman, DRILLING: Churm Drill and Earth Boring Machine Operator; Vacuum Truck; Directional Drill Operator over 20,000 lbs pullback; FLOATING EQUIPMENT: Fireman; FORKLIFT: Fork Lift, over 10 ton and /or robotic; HYDRAULIC HOES EXCAVATORS: Hydraulic Backhoe Operator, wheel type (Ford, John Deere, Case type); Hydraulic Backhoe Operator track type up to and including 20,000 lbs ; LOADERS: Loaders, rubber- tired type, less than 25,000 lbs; Elevating Grader Operator, Tractor Towed requiring Operator or Grader; Elevating loader operator, Athey and similar types; OILERS: Service oiler (Greaser); PIPELINE -SEWER WATER: Hydra hammer or simialr types; Pavement Breaker Operator, PUMPS: Pump Operator, more than 5 (any size); Pot Rammer Operator; RAILROAD EQUIPMENT: Locomotive Operator, under 40 tons; Ballast Regulator Operator; Ballast Tamper Multi- Purpose Operator; Track Liner Operator; Tie Spacer Operator; Shuttle Car Operator; Locomotive Operator, 40 tons and over; MATERIAL HAULRS: Cat wagon DJBs Volvo similar types; Conveyored material hauler; SURFACING (BASE) MATERIAL: Rock Spreaders, self - propelled; Pulva -mixer or similar types; Chiip Spreading machine operator, Lime spreading operator, construction fob siter; SWEEPERS: Sweeper operator (Wayne type) self - propelled construction ]ob site; TRACTOR- RUBBER TIRED: Tractor operator, rubber - tired, 50 hp flywheel and under; Trenching machine operator, maximum digging capacity 3 ft depth; TUNNEL: Dinkey GROUP 6: ASPHALT: Plant Oiler, Plant Fireman; Pugmill Operator (any type); Truck mounted asphalt spreader, with screed; COMPRESSORS: Compressor Operator (any power), under 1,250 cu. ft. total capacity; CONCRETE: Plant Oiler, Assistant Conveyor Operator; Conveyor Operator; Mixer Box Operator (C.T.B., dry batch, etc.); Cement Hog Operator; Concrete Saw Operator; Concrete Curing Machine Operator (riding type); Wire Mat or Brooming Machine Operator; CRANE: Oiler; Fireman, all equipment; Truck Crane Oiler Driver; A -frame Truck Operator, single drum; Tugger or Coffin Type Hoist Operator, CRUSHER: Crusher Oiler; Crusher Feederman; CRUSHER: Crusher oiler; Crusher feederman; DRILLING• Drill Tender, Auger Oiler, FLOATING EQUIPMENT. Deckhand; Boatman; FORKLIFT. Self - propelled Scaffolding Operator, construction fob site (exclduing working platform), Fork Lift or Lumber Stacker Operator, file /// Users/ bnanfyalI / Documents /Park %20Ave %20Plaza /Bidding %20 - astern% 204th / Exhibit %20C %20- %20Davis %20Bacon %20wa1 dvb webarchrve Page 22 of 40 1/17/12 4 36 PM construction fob site; Ross Carrier Operator, construction fob site, Lull Hi -Lift Operator or Similar Type, GUARDRAIL EQUIPMENT Oiler; Auger Oiler, Oiler, combination guardrail machines, Guardrail Punch Oiler; HEATING PLANT Temporary Heating Plant Operator, LOADERS. Bobcat, skid steer (less than 1 cu yd.); Bucket Elevator Loader Operator, BarberGreene and similar types; OILERS: Oiler; Guardrail Punch Oiler; Truck Crane Oiler- Driver; Auger Oiler; Grade Oiler, required to check grade; Grade Checker; Rigger; PIPELINE -SEWER WATER: Tar Pot Fireman; Tar Pot Fireman (power agitated), PUMPS- Pump Operator (any power), Hydrostatic Pump Operator; RAILROAD EQUIPMENT: Brakeman; Oiler; Switchman; Motorman, Ballast Jack Tamper Operator; SHOVEL, DRAGLINE, CLAMSHELL, SKOOPER, ETC. OPERATOR: Oiler, Grade Oiler (required to check grade); Grade Checker; Fireman; SWEEPER: Broom operator, self propelled, construction Sob site; SURFACING (BASE) MATERIAL• Roller Operator, grading of base rock (not asphalt), Tamping Machine operartor, mechanical, self - propelled; Hydrographic Seeder Machine Operator; TRENCHING MACHINE: Oiler; Grade Oiler; TUNNEL: Conveyor operator; Air filtration equipment operator ---------------------------------------------------------------- IRON0014 -005 07/01/2010 ADAMS, ASOTIN, BENTON, COLUMBIA, DOUGLAS, FERRY, FRANKLIN, GARFIELD, GRANT, LINCOLN, OKANOGAN, PEND ORIELLE, SPOKANE, STEVENS, WALLA WALLA AND WHITMAN COUNTIES Rates Fringes IRONWORKER ... ........... .. .$ 31.09 19.60 ---------------------------------------------------------------- IRON0029 -002 07/01/2010 CLARK, COWLITZ, KLICKITAT, PACIFIC, SKAMANIA, AND WAHKAIKUM COUNTIES Rates Fringes IRONWORKER .......................$ 33.62 19.60 ---------------------------------------------------------------- IRON0086 -002 07/01/2010 YAKIMA, KITTITAS AND CHELAN COUNTIES Rates Fringes IRONWORKER .......................$ 31.09 19.60 ---------------------------------------------------------------- IRON0086 -004 07/01/2010 CLALLAM, GRAYS HARBOR, ISLAND, JEFFERSON, KING, KITSAP, LEWIS, MASON, PIERCE, SKAGIT, SNOHOMISH, THURSTON, AND WHATCOM COUNTIES file /// Users /bnanfyalI/ Documents/ Park %20Ave %20Plaza /Bidding %20 - astern% 204th / Exhibit %20C %20- %20Davis %20Bacon %20wa1 dvb webarchrve Page 23 of 40 1/17/12 4 36 PM Rates Fringes IRONWORKER. .. ... .. ......$ 37 67 19.60 ---------------------------------------------------------------- LAB00001 -002 06/01/2009 ZONE 1: Rates Fringes Laborers: CALLAM, GRAYS HARBOR, ISLAND, JEFFERSON, KING, KITSAP, LEWIS, MASON, PACIFIC (NORTH OF STRAIGHT LINE MADE BY EXTENDING THE NORTH BOUNDARY WAHKIAKUM COUNTY WEST TO THE PACIFIC OCEAN), PIERCE, SAN JUAN, SKAGIT, SNOHOMISH, THURSTON AND WHATCOM COUNTIES GROUP 1 ....... ... ........$ 21.77 9.07 GROUP 2 ...................$ 24.86 9.07 GROUP 3 .... .. ......... ..$ 30.96 9.07 GROUP 4.......... ..... .$ 31.70 9.07 GROUP 5 ...... .............$ 32.21 9.07 CHELAN, DOUGLAS (WEST OF THE 120TH MERIDIAN), KITTITAS AND YAKIMA COUNTIES GROUP 1 ............. ......$ 17.95 9.07 GROUP 2 ........... ........$ 20.58 9.07 GROUP 3 ......... ........ .$ 22.54 9.07 GROUP 4 ............... ... $ 23.09 9.07 GROUP 5 ............... ... $ 23.48 9.07 BASE POINTS: BELLINGHAM, MT. VERNON, EVERETT, SEATTLE, KENT, TACOMA, OLYMPIA, CENTRALIA, ABERDEEN, SHELTON, PT. TOWNSEND, PT. ANGELES, AND BREMERTON ZONE 1 - Projects within 25 radius miles of the respective city hall ZONE 2 - More than 25 but less than 45 radius miles from the respective city hall ZONE 3 - More than 45 radius miles from the respective city hall ZONE DIFFERENTIAL (ADD TO ZONE 1 RATES): ZONE 2 - $1.00 ZONE 3 - $1.30 BASE POINTS. CHELAN, SUNNYSIDE, WENATCHEE, AND YAKIMA ZONE 1 - Projects within 25 radius miles of the respective city hall file / / /Users /brianfyalI/ Documents/ Park %20Ave %2OPlaza /Bidding %20 - astern% 204th / Exhibit %20C %20- %200avis %20Bacon %20wa1 dvb webarchwe Page 24 of 40 1/17/12 4 36 PM ZONE 2 - More than 25 radius miles from the respective city hall ZONE DIFFERENTIAL (ADD TO ZONE 1 RATES). ZONE 2 - $2 25 LABORERS CLASSIFICATIONS GROUP 1: Landscaping and Planting; Watchman; Window Washer /Cleaner (detail clean -up, such as but not limited to cleaning floors, ceilings, walls, windows, etc., prior to final acceptance by the owner) GROUP 2: Batch Weighman; Crusher Feeder; Fence Laborer; Flagman; Pilot Car GROUP 3- General Laborer; Air, Gas, or Electric Vibrating Screed, Asbestos Abatement Laborer; Ballast Regulator Machine; Brush Cutter; Brush Hog Feeder; Burner; Carpenter Tender; Cement Finisher Tender; Change House or Dry Shack; Chipping Gun (under 30 lbs.); Choker Setter; Chuck Tender; Clean -up Laborer; Concrete Form Stripper; Curing Laborer; Demolition (wrecking and moving including charred material); Ditch Digger; Dump Person; Fine Graders; Firewatch; Form Setter; Gabian Basket Builders; Grout Machine Tender; Grinders; Guardrail Erector; Hazardous Waste Worker (Level C: uses a chemical "splash suit" and air purifying respirator); Maintenance Person, Material Yard Person; Pot Tender; Rip Rap Person; Riggers; Scale Person; Sloper Sprayer; Signal Person; Stock Piler, Stake Hopper; Toolroom Man (at lob site); Topper- Tailer, Track Laborer; Truck Spotter; Vinyl Seamer GROUP 4. Cement Dumper - Paving; Chipping Gun (over 30 lbs.); Clary Power Spreader; Concrete Dumper /Chute Operator; Concrete Saw Operator; Drill Operator (hydraulic, diamond, aiartrac); Faller and Bucker Chain Saw; Grade Checker and Transit Person; Groutmen (pressure) including post tension beams; Hazardous Waste Worker (Level B: uses same respirator protection as Level A. A supplied air line is provided in con3unct.ion with a chemical "splash suit "); High Scaler; Jackhammer, Laserbeam Operator; Manhole Builder- Mudman; Nozzleman (concrete pump, green cutter when using combination of high pressure air and water on concrete and rock, sandblast, gunite, shotcrete, water blaster, vacuum blaster); Pavement Breaker; Pipe Layer and Caulker; Pipe Pot Tender; Pipe Reliner (not insert type); Pipe Wrapper; Power Jacks, Railroad Spike Puller- Power; Raker - Asphalt; Rivet Buster; Rodder; Sloper (over 20 ft); Spreader (concrete); Tamper and Similar electric, air and glas operated tool; Timber Person -sewer (lagger shorer and cribber); Track Liner Power, Tugger Operator; Vibrator; Well Point Laborer GROUP 5: Caisson Worker; Miner; Mortarman and Hodcarrier; Powderman, Re- Timberman, Hazardous Waste Worker (Level A: utilizes a fully encapsulated suit with a self - contained file / / /Users IbrianfyalI/ Documents /Park %20Ave %20Plaza /Bidding %20 - ast ern% 204th / Exhibit%20C %20- %20Davis %208acon %20wa1 dvb webarchrve Page 25 of 40 1/17/12 4 36 PM breathing apparatus or a supplied air line) ---------------------------------------------------------------- LAB00238 -004 06/01/2011 PASCO AREA: ADAMS, BENTON, COLUMBIA, DOUGLAS (East of 120th Meridian), FERRY, FRANKLIN, GRANT, OKANOGAN, WALLA WALLA SPOKANE AREA: ASOTIN, GARFIELD, LINCOLN, PEND OREILLE, SPOKANE, STEVENS &amp; WHITMAN COUNTIES Rates Fringes LABORER ( PASCO) GROUP 1 .....................$ 21.31 10.00 GROUP 2 .......... ..... ....$ 23.41 10.00 GROUP 3 ............ ........$ 23.68 10.00 GROUP 4 ................ ....$ 23.95 10.00 GROUP 5 . ...... ... ........$ 24.23 10.00 LABORER (SPOKANE) GROUP 1 .......... ... ..$ 21.01 10.00 GROUP 2 ................... .$ 23.11 10.00 GROUP 3 .................. ..$ 23.38 10.00 GROUP 4 ............... .... $ 23.65 10.00 GROUP 5 .................. . $ 23.93 10.00 Zone Differential (Add to Zone 1 rate): $2.00 BASE POINTS: Spokane, Pasco, Lewiston Zone 1: 0 -45 radius miles from the main post office. Zone 2: 45 radius miles and over from the main post office. LABORERS CLASSIFICATIONS GROUP 1: Flagman; Landscape Laborer; Scaleman, Traffic Control Maintenance Laborer (to include erection and maintenance of barricades, signs and relief of flagperson); Window Washer /Cleaner (detail cleanup, such as, but not limited to cleaning floors, ceilings, walls, windows, etc. prior to final acceptance by the owner) GROUP 2 Asbestos Abatement Worker; Brush Hog Feeder; Carpenter Tender, Cement Handler; Clean -up Laborer; Concrete Crewman (to include stripping of forms, hand operating hacks on slip form construction, application of concrete curing compounds, pumperete machine, signaling, handling the nozzle of squeezcrete or similar machine,6 inches and smaller); Confined Space Attendant; Concrete Signalman; Crusher Feeder; Demolition (to include clean -up, burning, loading, wrecking and salvage of all material); Dumpman; Fence Erector, Firewatch; Form Cleaning Machine Feeder, Stacker; General Laborer, Grout Machine Header Tender, Guard Rail (to include guard rails, guide and reference posts, sign posts, and right -of -way markers); Hazardous Waste Worker, Level D (no respirator is used and file /// Users /bnanfyall /Documents /Park %20Ave %20PIaza /Bidding %20 - astern% 204th / Exhibit %20C %20- %20Davis %20Bacon %20wa1 dvb webarchwe Page 26 of 40 1/17/12 4 36 PM skin protection is minimal), Miner, Class "A" (to include all bull gang, concrete crewman, dumpman and pumperete crewman, including distributing pipe, assembly &amp, dismantle, and nipper); Nipper; Riprap Man; Sandblast Tailhoseman, Scaffold Erector (wood or steel), Stake Jumper, Structural Mover (to include separating foundation, preparation, cribbing, shoring, jacking and unloading of structures); Tailhoseman (water nozzle); Timber Bucker and Faller (by hand); Track Laborer (RR); Truck Loader; Well -Point Man; All Other Work Classifications Not Specially Listed Shall Be Classified As General Laborer GROUP 3: Aspahlt Raker; Asphalt Roller, walking; Cement Finisher Tender; Concrete Saw, walking; Demolition Torch; Dope Pot Firemen, non - mechanical; Driller Tender (when required to move and position machine); Form Setter, Paving; Grade Checker using level; Hazardous Waste Worker, Level C (uses a chemical "splash suit" and air purifying respirator); Jackhammer Operator; Miner, Class "B" (to include brakeman, finisher, vibrator, form setter); Nozzleman (to include squeeze and flo -crete nozzle); Nozzleman, water, air or steam; Pavement Breaker (under 90 lbs.); Pipelayer, corrugated metal culvert; Pipelayer, multi- plate, Pot Tender; Power Buggy Operator; Power Tool Operator, gas, electric, pneumatic; Railroad Equipment, power driven, except dual mobile power spiker or puller; Railroad Power Spiker or Puller, dual mobile; Rodder and Spreader; Tamper (to include operation of Barco, Essex and similar tampers); Trencher, Shawnee; Tugger Operator, Wagon Drills; Water Pipe Liner; Wheelbarrow (power driven) GROUP 4: Air and Hydraulic Track Drill, Brush Machine (to include horizontal construction joint cleanup brush machine, power propelled); Caisson Worker, free air; Chain Saw Operator and Faller; Concrete Stack (to include laborers when laborers working on free standing concrete stacks for smoke or fume control above 40 feet high), Gunite (to include operation of machine and nozzle); Hazardous Waste Worker, Level B (uses same respirator protection as Level A. A supplied air line is provided in conjunction with a chemical "splash suit "); High Scaler; Laser Beam Operator (to Include grade checker and elevation control), Miner, Class C (to Include miner, nozzleman for concrete, laser beam operator and rigger on tunnels), Monitor Operator (air track or similar mounting), Mortar Mixer, Nozzleman (to Include jet blasting nozzleman, over 1,200 lbs., jet blast machine power propelled, sandblast nozzle); Pavement Breaker (90 lbs. and over); Pipelayer (to Include working topman, caulker, collarman, jointer, mortarman, rigger, jacker, shorer, valve or meter Installer); Pipewrapper; Plasterer Tender; Vibrators (all) GROUP 5 - Drills with Dual Masts, Hazardous Waste Worker, Level A (utilizes a fully encapsulated suit with a self - contained breathing apparatus or a supplied air line), Miner Class "D ", (to include raise and shaft miner, laser beam operator on riases and shafts) file /// Users /brianfyall/ Documents /Park %20Ave %20Plaza /Bidding %20 - ast ern% 204th / Exhibit%20C %20- %20Davis %208acon %20wa1 dvb webarchrve Page 27 of 40 1/17/12 4 36 PM GROUP 6 - Powderman ---------------------------------------------------------------- LAB00238 -006 06/01/2011 COUNTIES EAST OF THE 120TH MERIDIAN ADAMS, ASOTIN, BENTON, CHELAN, COLUMBIA, DOUGLAS, FERRY, FRANKLIN, GARFIELD, GRANT, LINCOLN, OKANOGAN, PEND OREILLE, STEVENS, SPOKANE, WALLA WALLA, WHITMAN Rates Fringes Hod Carrier...... ..............$ 23.95 9.95 ---------------------------------------------------------------- LAB00335 -001 06/01/2011 CLARK, COWLITZ, KLICKITAT, PACIFIC (SOUTH OF A STRAIGHT LINE MADE BY EXTENDING THE NORTH BOUNDARY LINE OF WAHKIAKUM COUNTY WEST TO THE PACIFIC OCEAN), SKAMANIA AND WAHKIAKUM COUNTIES Rates Fringes Laborers: ZONE 1: GROUP 1 .... ............. .$ 27.91 10.45 GROUP 2 ................. ..$ 28.51 10.45 GROUP 3 . ..................$ 28.95 10.45 GROUP 4 ..... ..............$ 29.33 10 45 GROUP 5 .... ........... ...$ 25.41 10.45 GROUP 6 ....................$ 22.99 10.45 GROUP 7 .. ........ ........$ 19.79 10.45 Zone Differential (Add to Zone 1 rates): Zone 2 $ 0.65 Zone 3 - 1.15 Zone 4 - 1.70 Zone 5 - 2.75 BASE POINTS: GOLDENDALE, LONGVIEW, AND VANCOUVER ZONE 1: Projects within 30 miles of the respective city all. ZONE 2: More than 30 miles but less than 40 miles from the respective city hall. ZONE 3: More than 40 miles but less than 50 miles from the respective city hall. ZONE 4: More than 50 miles but less than 80 miles from the respective city hall. ZONE 5: More than 80 miles from the respective city hall. LABORERS CLASSIFICATIONS GROUP 1 Asphalt Plant Laborers; Asphalt Spreaders; Batch Weighman; Broomers; Brush Burners and Cutters; Car and Truck Loaders, Carpenter Tender, Change -House Man or Dry file /// Users /brianfyalI/ Documents /Park %20Ave %20Plaza /Bidding %20 - ast ern% 204th / Exhibit %20C %20- %20Davis %208acon %20wa1 dvb webarchrve Page 28 of 40 1/17/12 4 36 PM Shack Man, Choker Setter; Clean -up Laborers; Curing, Concrete; Demolition, Wrecking and Moving Laborers, Dumpers, road oiling crew, Dumpmen (for grading crew), Elevator Feeders, Median Rail Reference Post, Guide Post, Right of Way Marker; Fine Graders; Fire Watch; Form Strippers (not swinging stages); General Laborers; Hazardous Waste Worker, Leverman or Aggregate Spreader (Flaherty and similar types); Loading Spotters, Material Yard Man (including electrical); Pittsburgh Chipper Operator or Similar Types; Railroad Track Laborers; Ribbon Setters (including steel forms); Rip Rap Man (hand placed); Road Pump Tender; Sewer Labor; Signalman; Skipman; Slopers; Spraymen; Stake Chaser, Stockpiler; Tie Back Shoring; Timber Faller and Bucker (hand labor), Toolroom Man (at fob site); Tunnel Bullgang (above ground); Weight -Man- Crusher (aggregate when used) GROUP 2: Applicator (including pot power tender for same), applying protective material by hand or nozzle on utility lines or storage tanks on project; Brush Cutters (power saw); Burners, Choker Splicer; Clary Power Spreader and similar types, Clean- up Nozzleman -Green Cutter (concrete, rock, etc.); Concrete Power Buggyman; Concrete Laborer; Crusher Feeder; Demolition and Wrecking Charred Materials; Gunite Nozzleman Tender; Gunite or Sand Blasting Pot Tender; Handlers or Mixers of all Materials of an irritating nature (including cement and lime); Tool Operators (includes but not limited to: Dry Pack Machine, Jackhammer; Chipping Guns; Paving Breakers); Pipe Doping and Wrapping; Post Hole Digger, air, gas or electric; Vibrating Screed; Tampers, Sand Blasting (Wet); Stake - Setter; Tunnel- Muckers, Brakemen, Concrete Crew, Bullgang (underground) GROUP 3: Asbestos Removal; Bit Grinder; Drill Doctor; Drill Operators, air tracks, cat drills, wagon drills, rubber - mounted drills, and other similar types including at crusher plants, Gunite Nozzleman; High Scalers, Strippers and Drillers (covers work in swinging stages, chairs or belts, under extreme conditions unusual to normal drilling, blasting, barring -down, or sloping and stripping); Manhole Builder, Powdermen; Concrete Saw Operator; Pwdermen; Power Saw Operators (Bucking and Falling), Pumperete Nozzlemen; Sand Blasting (Dry); Sewer Timberman; Track Liners, Anchor Machines, Ballast Regulators, Multiple Tampers, Power Jacks, Tugger Operator; Tunnel -Chuck Tenders, Nippers and Timbermen; Vibrator; Water Blaster GROUP 4: Asphalt Raker; Concrete Saw Operator (walls); Concrete Nozzelman; Grade Checker; Pipelayer; Laser Beam (pipelaying) - applicable when employee assigned to move, set up, align; Laser Beam, Tunnel Miners; Motorman -Dinky Locomotive- Tunnel; Powderman - Tunnel; Shield Operator - Tunnel GROUP 5: Traffic Flaggers GROUP 6 Fence Builders file /// Users /bnanfyall/ Documents/ Park %20Ave %20PIaza /Bidding %20 - astern% 204th/ Exhibi t%20C %20- %20Davis %20Bacon %20wa1 dvb webarchive Page 29 of 40 1/17/12 4 36 PM GROUP 7• Landscaping or Planting Laborers ---------------------------------------------------------------- LAB00335 -019 06/01/2008 Rates Fringes Hod Carrier..... ... ..$ 29 58 8.40 ---------------------------------------------------------------- PAIN0005 -002 06/01/2011 STATEWIDE EXCEPT CLARK, COWLITZ, KLICKITAT, PACIFIC (SOUTH), SKAMANIA, AND WAHKIAKUM COUNTIES Rates Fringes Painters: STRIPERS ........ ........ ..$ 27.96 11.94 ---------------------------------------------------------------- PAIN0005 -004 03/01/2009 CLALLAM, GRAYS HARBOR, ISLAND, JEFFERSON, KING, KITSAP, LEWIS, MASON, PIERCE, SAN JUAN, SKAGIT, SNOHOMISH, THURSTON AND WHATCOM COUNTIES Rates Fringes PAINTER ............... ..........$ 20.82 7.44 ---------------------------------------------------------------- * PAIN0005 -006 07/01/2011 ADAMS, ASOTIN; BENTON AND FRANKLIN (EXCEPT HANFORD SITE); CHELAN, COLUMBIA, DOUGLAS, FERRY, GARFIELD, GRANT, KITTITAS, LINCOLN, OKANOGAN, PEND OREILLE, SPOKANE, STEVENS, WALLA WALLA, WHITMAN AND YAKIMA COUNTIES Rates Fringes Painters Application of Cold Tar Products, Epoxies, Polyure thanes, Acids, Radiation Resistant Material, Water and Sandblasting......... ..$ 21.50 7.98 Over 30' /Swing Stage Work..$ 22.20 7.98 Brush, Roller, Striping, Steam - cleaning and Spray .... $ 22.60 8.38 Lead Abatement, Asbestos Abatement ... .... . . ....$ 21.50 7 98 *$.70 shall be paid over and above the basic wage rates listed for work on swing stages and high work of over 30 feet. ---------------------------------------------------------------- file /// Users /bnanfyall /Documents /Park %20Ave %20PIaza /Bidding %20 - astern% 204th / Exhibit %20C %20- %20Davis %208acon %20wa1 dvb webarchive Page 30 of 40 1/17112 4 36 PM PAIN0055 -002 07/01/2011 CLARK, COWLITZ, KLICKITAT, PACIFIC, SKAMANIA, AND WAHKIAKUM COUNTIES Rates Fringes Painters: Brush &amp; Roller ............. $ 19.85 7.99 High work - All work 60 ft. or higher ...... ........$ 22.90 7.99 Spray and Sandblasting ...... $ 22.90 7.99 ---------------------------------------------------------------- PAIN0055 -007 07/01/2011 CLARK, COWLITZ, KLICKITAT, SKAMANIA and WAHKIAKUM COUNTIES Rates Fringes Painters: HIGHWAY &amp; PARKING LOT STRIPER .....................$ 33.19 9.05 ---------------------------------------------------------------- PLAS0072 -004 06/01/2011 ADAMS, ASOTIN, BENTON, CHELAN, COLUMBIA, DOUGLAS, FERRY, FRANKLIN, GARFIELD, GRANT, KITTITAS, LINCOLN, OKANOGAN, PEND OREILLE, SPOKANE, STEVENS, WALLA WALLA, WHITMAN, AND YAKIMA COUNTIES Rates Fringes CEMENT MASON /CONCRETE FINISHER ZONE 1 .............. .....$ 25.01 11.32 Zone Differential (Add to Zone 1 rate): Zone 2 - $2.00 BASE POINTS Spokane, Pasco, Lewiston; Wenatchee Zone 1: 0 - 45 radius miles from the main post office Zone 2: Over 45 radius miles from the main post office ---------------------------------------------------------------- PLAS0528 -001 10/01/2011 CLALLAM, COWLITZ, GRAYS HARBOR, ISLAND, JEFFERSON, KING, KITSAP, LEWIS, MASON, PACIFIC, PIERCE, SAN JUAN, SKAGIT, SNOHOMISH, THURSTON, WAHKIAKUM AND WHATCOM COUNTIES Rates Fringes Cement Masons: CEMENT MASON... ... $ 34.90 14.38 COMPOSITION, TROWEL MACHINE, GRINDER, POWER TOOLS, GUNNITE NOZZLE $ 35 40 14 38 file /// Users/ bnanfyall/ Document s /Park %20Ave %20Plaza /Bidding %20 - ast ern% 204th / Exhibit%20C %20- %20Davis %206acon %20wa1 dvb webarchrve Page 31 of 40 1/17/12 4 36 PM TROWLING MACHINE OPERATOR ON COMPOSITION. . ... ..$ 35.40 14 38 -- -------------------------------------------------------------- PLAS0555 -002 06/01/2011 CLARK, KLICKITAT AND SKAMANIA COUNTIES ZONE 1: Rates Fringes Cement Masons: CEMENT MASONS DOING BOTH COMPOSITION /POWER MACHINERY AND SUSPENDED /HANGING SCAFFOLD..$ 29 62 17.59 CEMENT MASONS ON SUSPENDED, SWINGING AND /OR HANGING SCAFFOLD ............ $ 29.05 17.59 CEMENT MASONS ...............$ 28.48 17 59 COMPOSITION WORKERS AND POWER MACHINERY OPERATORS ... $ 29.05 17.59 Zone Differential (Add To Zone 1 Rates). Zone 2 - $0 65 Zone 3 - 1.15 Zone 4 - 1 70 Zone 5 - 3 00 BASE POINTS: BEND, CORVALLIS, EUGENE, MEDFORD, PORTLAND, SALEM, THE DALLES, VANCOUVER ZONE 1: Projects within 30 miles of the respective city hall ZONE 2: More than 30 miles but less than 40 miles from the respective city hall ZONE 3: More than 40 miles but less than 50 miles from the respective city hall ZONE 4- More than 50 miles but less than 80 miles from the respective city hall. ZONE 5: More than 80 miles from the respective city hall ---------------------------------------------------------------- TEAM0037 -002 12/02/2011 CLARK, COWLITZ, KLICKITAT, PACIFIC (South of a straight line made by extending the north boundary line of Wahkiakum County west to the Pacific Ocean), SKAMANIA, AND WAHKIAKUM COUNTIES Rates Fringes Truck drivers: ZONE 1 GROUP 1 .. ... ........ ....$ 26 90 13.15 GROUP 2.. ... ....$ 27.02 13.15 GROUP 3 .. $ 27 15 13 15 GROUP 4. . .. ... ....$ 27 41 13.15 GROUP 5 .... .......... ....$ 27 63 13.15 file /// Users /bnanfyall / Documents/ Park %20Ave %20Plaza /Bidding %20 - astern% 204th / Exhibit%20C %20- %20Davis %208acon %20wa1 dvb webarchive Page 32 of 40 1/17/12 4 36 PM GROUP 6. .. .. $ 27.79 13.15 GROUP 7 .. . ..... .. $ 27.99 13.15 Zone Differential (Add to Zone 1 Rates) Zone 2 - $0.65 Zone 3 - 1.15 Zone 4 - 1.70 Zone 5 - 2 75 BASE POINTS: ASTORIA, THE DALLES, LONGVIEW AND VANCOUVER ZONE 1: Projects within 30 miles of the respective city hall. ZONE 2: More than 30 miles but less than 40 miles from the respective city hall. ZONE 3: More than 40 miles but less than 50 miles from the respective city hall. ZONE 4: More than 50 miles but less than 80 miles from the respective city hall. ZONE 5: More than 80 miles from the respective city hall. TRUCK DRIVERS CLASSIFICATIONS GROUP 1: A Frame or Hydra li.frt truck w /load bearing surface; Articulated Dump Truck; Battery Rebuilders; Bus or Manhaul Driver; Concrete Buggies (power operated); Concrete Pump Truck; Dump Trucks, side, end and bottom dumps, including Semi Trucks and Trains or combinations there of: up to and including 10 cu. yds.; Lift Jitneys, Fork Lifts (all sizes in loading, unloading and transporting material on fob site); Loader and /or Leverman on Concrete Dry Batch Plant (manually operated); Pilot Car; Pickup Truck; Solo Flat Bed and misc. Body Trucks, 0 -10 tons; Truck Tender; Truck Mechanic Tender; Water Wagons (rated capacity) up to 3,000 gallons; Transit Mix and Wet or Dry Mix - 5 cu. yds. and under; Lubrication Man, Fuel Truck Driver, Tireman, Wash Rack, Steam Cleaner or combinations; Team Driver, Slurry Truck Driver or Leverman; Tireman GROUP 2. Boom Truck /Hydra -lift or Retracting Crane; Challenger, Dumpsters or similar equipment all sizes; Dump Trucks /Articulated Dumps 6 cu to 10 cu.; Flaherty Spreader Driver or Leverman; Lowbed Equipment, Flat Bed Semi. - trailer or doubles transporting equipment or wet or dry materials; Lumber Carrier, Driver- Straddle Carrier (used in loading, unloading and transporting of materials on fob site); Oil Distributor Driver or Leverman; Transit mix and wet or dry mix trcuks: over 5 cu yds. and including 7 cu. yds.; Vacuum Trucks, Water truck /Wagons (rated capacity) over 3,000 to 5,000 gallons GROUP 3• Ammonia Nitrate Distributor Driver, Dump trucks, side, end and bottom dumps, including Semi Trucks and file /// Users /bnanfyall /Documents /Park %20Ave %20Plaza /Bidding %20 - astern% 204th / Exhibit %20C %20- %20Davis %20Bacon %20wa1 dvb webarchive Page 33 of 40 1/17/12 4 36 PM Trains or combinations thereof- over 10 cu. yds. and including 30 cu yds .includes Articulated Dump Trucks, Self - Propelled Street Sweeper, Transit mix and wet or dry mix truck- over 7 cu yds. and including 11 cu yds.; Truck Mechanic- Welder -Body Repairman, Utility and Clean -up Truck; Water Wagons (rated capacity) over 5,000 to 10,000 gallons GROUP 4: Asphalt Burner; Dump Trucks, side, end and bottom cumps, including Semi- Trucks and Trains or combinations thereof: over 30 cu. yds. and including 50 cu. yds. includes Articulated Dump Trucks; Fire Guard; Transit Mix and Wet or Dry Mix Trucks, over 11 cu. yds. and including 15 cu. yds.; Water Wagon (rated capacity) over 10,000 gallons to 15,000 gallons GROUP 5: Composite Crewman; Dump Trucks, side, end and bottom dumps, including Semi. Trucks and Trains or combinations thereof: over 50 cu. yds. and including 60 cu. yds. includes Articulated Dump Trucks GROUP 6. Bulk Cement Spreader w/o Auger; Dry Pre -Batch concrete Mix Trucks, Dump trucks, side, end and bottom dumps, .including Semi Trucks and Trains of combinations thereof: over 60 cu. yds. and including 80 cu. yds., and includes Articulated Dump Trucks; Skid Truck GROUP 7: Dump Trucks, side, end and bottom dumps, including Semi Trucks and Trains or combinations thereof- over 80 cu. yds. and including 100 cu. yds., includes Articulated Dump Trucks; Industrial Lift Truck (mechanical tailgate) ---------------------------------------------------------------- * TEAM0174 -001 06/01/2009 CLALLAM, GRAYS HARBOR, ISLAND, JEFFERSON, KING, KITSAP, LEWIS, MASON, PACIFIC (North of a straight line made by extending the north boundary line of Wahkiakum County west to the Pacific Ocean), PIERCE, SAN JUAN, SKAGIT, SNOHOMISH, THURSTON AND WHATCOM COUNTIES Rates Fringes Truck drivers. ZONE A: GROUP 1• .. ................$ 31 87 14.60 GROUP 2:.... . ...........$ 31.03 14 60 GROUP 3 ............. ......$ 28.22 14.60 GROUP 4: . .................$ 23.25 14.60 GROUP 5: ................... $ 31.42 14.60 ZONE B (25 -45 miles from center of listed cities *): Add $.70 per hour to Zone A rates. ZONE C (over 45 miles from centr of listed cities *): Add $1.00 per hour to Zone A rates. *Zone pay will be calculated from the city center of the following listed cities: file / / /Users /bnanfyall/ Documents /Park %20Ave %20Plaza /Bidding %20 - astern% 204th / Exhibit%20C %20- %20Davis %206acon %20wa1 dvb webarchive Page 34 of 40 1/17/12 4 3G PM BELLINGHAM CENTRALIA RAYMOND OLYMPIA EVERETT SHELTON ANACORTES BELLEVUE SEATTLE PORT ANGELES MT. VERNON KENT TACOMA PORT TOWNSEND ABERDEEN BREMERTON TRUCK DRIVERS CLASSIFICATIONS GROUP 1 - "A -frame or Hydralift" trucks and Boom trucks or similar equipment when "A" frame or "Hydralift" and Boom truck or similar equipment is used, Buggymobile; Bulk Cement Tanker, Dumpsters and similar equipment, Tournorockers, Tournowagon, Tournotrailer, Cat DW series, Terra Cobra, Le Tourneau, Westinghouse, Athye Wagon, Euclid Two and Four - Wheeled power tractor with trailer and similar top - loaded equipment transporting material: Dump Trucks, side, end and bottom dump, including semi.- trucks and trains or combinations thereof with 16 yards to 30 yards capacity: Over 30 yards $.15 per hour additional for each 10 yard increment; Explosive Truck (field mix) and similar equipment, Hyster Operators (handling bulk loose aggregates), Lowbed and Heavy Duty Trailer; Road Oil Distributor Driver, Spreader, Flaherty Transit mix used exclusively in heavy construction; Water Wagon and Tank Truck -3,000 gallons and over capacity GROUP 2 - Bulllifts, or similar equipment used in loading or unloading trucks, transporting materials on job site; Dumpsters, and similar equipment, Tournorockers, Tournowagon, Turnotrai.ler, Cat. D.W. Series, Terra Cobra, Le Tourneau, Westinghouse, Athye wagon, Euclid two and four - wheeled power tractor with trailer and similar top - loaded equipment transporting material: Dump trucks, side, end and bottom dump, including semi- trucks and trains or combinations thereof with less than 16 yards capacity; Flatbed (Dual Rear Axle); Grease Truck, Fuel Truck, Greaser, Battery Service Man and /or Tire Service Man, Leverman and loader at bunkers and batch plants; Oil tank transport; Scissor truck; Slurry Truck; Sno -Go and similar equipment; Swampers; Straddler Carrier (Ross, Hyster) and similar equipment, Team Driver; Tractor (small, rubber- tired)(when used within Teamster jurisdiction), Vacuum truck; Water Wagon and Tank trucks -less than 3,000 gallons capacity, Winch Truck; Wrecker, Tow truck and similar equipment GROUP 3 - Flatbed (single rear axle); Pickup Sweeper; Pickup Truck. (Adjust Group 3 upward by $2.00 per hour for onsite work only) GROUP 4 - Escort or Pilot Car GROUP 5 - Mechanic HAZMAT PROJECTS Anyone working on a HAZMAT job, where HAZMAT certification is file /// Users /bnanfyalI/ Documents/ Park %20Ave %20Plaza /Bidding %20 - astern% 204th / Exhibit%20C %20- %20Davis %206acon %20wa1 dvb webarchrve Page 35 of 40 1/17/12 4 36 PM required, shall be compensated as a premium, in addition to the classification working in as follows LEVEL C +$ 25 per hour - This level uses an air purifying respirator or additional protective clothing. LEVEL B• +$ 50 per hour - Uses same respirator protection as Level A. Supplied air line is provided in conjunction with a chemical "splash suit." LEVEL A: +$.75 per hour - This level utilizes a fully - encapsulated suit with a self - contained breathing apparatus or a supplied air line. ---------------------------------------------------------------- TEAM0760 -002 06/01/2009 ADAMS, ASOTIN, BENTON, CHELAN, COLUMBIA, DOUGLAS, FERRY, FRANKLIN, GARFIELD, GRANT KITTITAS, LINCOLN, OKANOGAN, PEND OREILLE, SPOKANE, STEVENS, WALLA WALLA, WHITMAN AND YAKIMA COUNTIES Rates Fringes Truck drivers: (ANYONE WORKING ON HAZMAT JOBS SEE FOOTNOTE A BELOW) ZONE 1. GROUP 1 . ..... ............$ 20.02 10.86 GROUP 2 ..... ..............$ 22.29 10.86 GROUP 3 . ... ..............$ 22.79 10.86 GROUP 4 ....................$ 23.12 10.86 GROUP 5 ....................$ 23.23 10.86 GROUP 6 ................. ..$ 23.40 10.86 GROUP 7 ....................$ 23.93 10.86 GROUP 8 ....... ............$ 24.26 10.86 Zone Differential (Add to Zone 1 rate: Zone 2 - $2.00) BASE POINTS• Spokane, Moses Lake, Pasco, Lewiston Zone 1. 0 -45 radius miles from the main post office. Zone 2: Outside 45 radius miles from the main post office TRUCK DRIVERS CLASSIFICATIONS GROUP 1: Escort Driver or Pilot Car; Employee Haul; Power Boat Hauling Employees or Material GROUP 2. Fish Truck; Flat Bed Truck, Fork Lift (3000 lbs. and under); Leverperson (loading trucks at bunkers); Trailer Mounted Hydro Seeder and Mulcher; Seeder &amp; Mulcher; Stationary Fuel Operator; Tractor (small, rubber - tired, pulling trailer or similar equipment) GROUP 3• Auto Crane (2000 lbs. capacity), Buggy Mobile &amp; Similar, Bulk Cement Tanks &amp, Spreader, Dumptor (6 yds &amp; under), Flat Bed Truck with Hydraulli.c System, Fork Lift (3001- 16,000 lbs ); Fuel Truck Driver, Steamcleaner &amp; Washer; Power Operated Sweeper; Rubber -tired Tunnel Jumbo, file /// Users /bnanfyalI /Documents /Park %20Ave %20Plaza /Bidding %20 - astern% 204th/ Exhibi t%20C %20- %200avis %20Bacon %20wa1 dvb webarchwe Page 36 of 40 1/17/12 4 36 PM Scissors Truck; Slurry Truck Driver; Straddle Carrier (Ross, Hyster, &amp; similar); Tireperson, Transit Mixers &amp; Truck Hauling Concrete (3 yd. to &amp, including 6 yds.); Trucks, side, end, bottom &amp; articulated end dump (3 yards to and including 6 yds.), Warehouseperson (to include shipping &amp, receiving); Wrecker &amp; Tow Truck GROUP 4. A- Frame; Burner, Cutter, &amp, Welder; Service Greaser; Trucks, side, end, bottom &amp; articulated end dump (over 6 yards to and including 12 yds.); Truck Mounted Hydro Seeder; Warehouseperson; Water Tank truck (0 -8,000 gallons) GROUP 5: Dumptor (over 6 yds.); Lowboy (50 tons &amp; under); Self- loading Roll Off; Semi. -Truck &amp; Trailer; Tractor with Steer Trailer; Transit Mixers and Trucks Hauling Concrete (over 6 yds. to and including 10 yds.); Trucks, side, end, bottom and end dump (over 12 yds. to &amp; including 20 yds.); Truck - Mounted Crane (with load bearing surface either mounted or pulled, up to 14 ton); Vacuum Truck (super sucker, guzzler, etc.) GROUP 6. Flaherty Spreader Box Driver, Flowboys; Fork Lift (over 16,000 lbs ); Dumps (Semi -end); Mechanic (Field); Semi- end Dumps; Transfer Truck &amp; Trailer; Transit Mixers &amp; Trucks Hauling Concrete (over 10 yds. to &amp; including 20 yds.); Trucks, side, end, bottom and articulated end dump (over 20 yds. to &amp, including 40 yds.); Truck and Pup; Tournarocker, DWs &amp; similar with 2 or more 4 wheel -power tractor with trailer, gallonage or yardage scale, whichever is greater Water Tank Truck (8,001- 14,000 gallons); Lowboy(over 50 tons) GROUP 7. Oil Distributor Driver; Stringer Truck (cable oeprated trailer); Transit Mixers &amp; Trucks Hauling Concrete (over 20 yds.); Truck, side, end, bottom end dump (over 40 yds. to &amp; including 100 yds.); Truck Mounted Crane (with load bearing surface either mounted or pulled (16 through 25 tons); GROUP 8: Prime Movers and Stinger Truck; Trucks, side, end, bottom and articulated end dump (over 100 yds.); Helicopter Pilot Hauling Employees or Materials Footnote A - Anyone working on a HAZMAT fob, where HAZMAT certification is required, shall be compensated as a premium, in additon to the classification working in as follows: LEVEL C -D: - $.50 PER HOUR (This is the lowest level of protection. This level may use an air purifying respirator or additional protective clothing. LEVEL A -B: - $1 00 PER HOUR (Uses supplied air is conjunction with a chemical spash suit or fully encapsulated suit with a self - contained breathing apparatus. Employees shall be paid Hazmat pay in increments of four(4) file / / /Users /bnanfyall/ Documents /Park %20Ave %20Plaza /Bidding %20 - astern% 204th / Exhibit%20C %20- %20Davis %20Bacon %20wa1 dvb webarchwe Page 37 of 40 1/17/12 4 36 PM and eight(8) hours NOTE Trucks Pulling Equipment Trailers shall receive $ 15 /hour over applicable truck rate ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non - union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example. PLUM0198 -005 07/01/2011. The first four letters , PLUM, indicate the international union and the four -digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate /collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rate. Non -Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates, however, the data used in computing these rates may include both union and non - union data Example SULA2004 -007 5/13/2010 SU indicates the rates are not union rates, LA .indicates the State of Louisiana, 2004 is the year of the file /// Users /brianfyalI /Documents /Park %20Ave %20Plaza /Bidding %20 - astern% 204th / Exhibit %20C %20- %20Davis %20Bacon %20wa1 dvb webarchrve Page 38 of 40 1/17/12 4 36 PM survey, and 007 is an internal number used in producing the wage determination A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to* Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc ) that the requestor considers relevant to the issue. 3 ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative file /// Users /brianfyall/ Document s /Park %20Ave %20PIaza /Bidding %20 - astern% 204th / Exhibit %20C %20- %20Davis %208acon %20wa1 dvb webarchive Page 39 of 40 1117112 4 36 PM Review Board (formerly the Wage Appeals Board) Write to- Administrative Review Board U S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION < /pre > < /body > < /html> file /// Users /bnanfyall /Documents /Park %20Ave %20Plaza /Bidding %20 - astern% 204th / Exhibit %20C %20- %20Davis %206acon %20wa1 dvb webarchrve Page 40 of 40 EXHIBIT D - Form of Proposal Signed Form of Proposal: o Form of Proposal as completed by South Bay Excavating Inc including, Alternates, Unit Prices; Certificate Regarding Lobbying; Disclosure of i Lobbying Activities, Bid Bond. i I i i i i I Exhibit D - Form of Proposal EDA Award 07 -01 -06590 r PARK & 4 STREET - PHASE TWO CITY OF BREMERTON FORM OF PROPOSAL EDA Award No 07 -01 -06590 Atft�r of Bremerton Gary Sexbn Bidder S yut�n C�o,3� 345 a Street, Suite 600 Bremerton, Washington 98337 Date PART I - BID PROPOSAL yT The undersigned, having carefully examined the Contract Documents entitled `City of Brembrton 4 Street Improvements (Eastern half) Bremerton, Washington' as well as the site of the pmposo work, , and being familiar with all of the conditions affecting the construction of the proposed project, hereby ; proposes to fumish all labor, materials and supplies 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 j below. 101 BASE BID The undersigned agrees to perform the Work described in and as modified by al addenda for the sum of GiEVe� "Ajna ter+✓ 4_., t^r T1u 1'1 n s.s.,.�rs t; i v p. to �� t.1 r► ti�ti� n 6 I n . n Dollars ( $'72z '�a0 00 = t (Print Dollar amount In space above) (Do not Include Washington State Sales Tax) ` rt which sum is hereby designated Base Bid i i (Amount shall be shown In both words and figures In case of discrepancy, the amount shown in words will govem.) 1.02 ALTERNATE BIDS (DO NOT INCLUDE WASHINGTON STATE SALES TAX) The undersigned proposes to perform work called for in the following altemates as described In the Contract Documents, for the sums which are to be added to or deducted from the Base Bid as follows. j ALTERNATE No. 1- Install asphalt paving In lieu of concrete paving at parking areas each side of Street. $ 1 1 Off• db (add deduct) f ALTERNATE No. 2 - Delete festoon lighting poles, festoon lights, festoon power connection, change j modified street pole to accept festoon lighting to standard Bremerton street light pole. $ (deduct) ALTERNATE No 3 - Install 120 volt power near each tree on stand alone post in accordance with City standards. $ D (add) 103 UNIT PRICES (DO NOT INCLUDE WASHINGTON STATE SALES TAX) I? UNIT PRICE No. 1 Per City Standards - Additional lineal feet of City Sidewalk 8`4r wide including granular 01 under walk $ VD 001 LF Page 1 of 7 P a f PARK & 4: ' STREET — PHASE TWO CITY OF BREMERTON FORM OF PROPOSAL EDA Award No 07 -01 -06590 UNIT PRICE No. 2 Per City Standards - Additional lineal feet of curb and gutter Including granular fill under curb and gutter °' ' $ VS. on / LF UNIT PRICE No. 3 Per City Standards — Additional square feet of landscape pavers include sand bedding, crushed gravel base, geo -fex:W fi jISdb, dean crushed gravel per detail }, $ 25 -00 1 SF r NI o. Per City Standarft—Additicinal square feet of street pavers include sand bedding and goo- textile fabric, per detail -- a $ i 5, D0/ SF _ 104 CONTRACT If the undersigned Is notified of the acceptance of this ' proposal within sixty (60) 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 work under this Contract on or before a date to be spectfied 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 Preliminary Constniction Schedule showing Construction Schedule 1.06 REINSTATEMENT OF UNACCEPTED ALTERNATES OR UNIT PRICES 5 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 ninety (90) calendar days after the signing of the Contract r 109 ADDENDA Receipt of Addenda numbered through 5 is hereby acknowledged Review of Notices on City Web site for this Project thru 1 — 1 -11 date. I 1.10 ENCLOSURES WITH THE BID = I A. Acknowledgment of Principal of Bidder is signed and notarized H B. Completed EDA Lob i P hying Certification (see Exhibit C for form and instructions) = i i C. Affidavit of Non - Collusion is signed and included herein. I M cA 1 2 IP C)�CO.�Q:Hng, 1nG r Street or Bwlding Address Legal name of Bidder DAumQ _L�111qL��5 By Page 2 of 7 i PARK g 4 STREET — PHASE TWO CITY OF BREMERTON FORM OF PROPOSAL EDA Award No. 07 -01 -06590 City, State, Tip 3 1D0- �Ni010 - y -A sy Tls Tr ess Telephone Idle i - T A F - 21 NA State of Washington Contractor's Registration No. State of Washington Worker's Compensation No ' Federal Tax ID No. (ACKNOWLEDGMENT OF PRINCIPAL OF BIDDER, IF A CORPORATION) State Of YN 0'S1n'Y ) i ) ss• County of TYl y r Y - 1 ) On this I�j Y ` day of aV1 kKA 20J,,, before me personally came and appeared . i JCGSOn C I ?.m-e n fiS known to me, who being by me duly sworn, did depose and say that he ' resides at �B 3 3 M(,k b 1 f, i► U (1 Sv�l O 114 m O i U W and that he is the V I C Z Q s 1 6 kn i- of + i _ S l1 U +11 G aU4 F_k LOS \( n H nG. I n C j the corporation described in and which executed the foregoing instrument, that he knows the seal of said f corporation; that one of the Impressions affixed to said instrument is an Impression of such seal; that it 4 was so affixed by order of the directors of sold corporation; and that he signed his name thereto by like order. I i IN WITNESS WHEREOF, I have hmmiirto set my hand and my official seat the day and year first written above. (Seal or Stamp) �- ` 0%l i l l f f fq, Signature ` �`2z•i; As •o dd ? ;,,• '� ype Name Notary Publi and for the State of Washington, residing at �•. p, : My appoi nt ntme expires - 3 -- aol a- nuns i I � I : Page 3 of 7 PARK & 4 STREET — PHASE TWO CITY OF BREMERTON FORM OF PROPOSAL EDA Award No 07 -01 -06590 i CKNOWLEDGMENT OF PRINCIPAL OF BIDDER, IF A PARTNERSHIP) } ss: County o ) On this day o , 20_ before me personally came and appeared to me known, and k to me to be one of the members of the firm of, described In and who executed the foregoing Imtrume and he acknowledged to me that he executed the some as and for the act and deed of said firm j IN WITNESS WEIEREO I have hereunto set my hand and affixed my official seal the day and year first written above. (Seal or Stamp) Notary Signature Print/41)e Name Public in and for the State of Washington, rest ' get My a ent expires (ACKNOWLEDGMENT OF PRINCIPAL OF BIDDER, A SO PROPRIETORSHIP) State of ) }ss: County of } On this day o , 20 before me personally and appeared to me known, and known to me to be one of the members of the firm of, described in a who executed the ' foregoing Instrument, and he acknowledged to me that he executed the same as and act and deed of said firm. IN WITNESS WIMMOF, I have hereunto set my hand and affixed my official seal the day ear first ; I <� written above. i I Page 4 of 7 PARK & 4 STREET — PHASE TWO CITY OF BREMERTON FORM OF PROPOSAL EDA Award No. 07 -01 -06590 (SM or-S { Notary Signature I Name Notary and for the State of Washington, msiding at 1v1 appointment equ+es i; t 1 I 4 i E f \ i � f t Page S of 7 ' I ; PARK & e STREET — PHASE TWO CITY OF BREMERTON FORM OF PROPOSAL EDA Award No. 07 -Di -06590 AFFIDAVIT OF NON - COLLUSION State of Washington ) ) ss County ofrth VtS f0, ) b duly s w o m, d eposes a n d say s, that h e i s the identical pers who submitted the foregoing proposal i or bid, and that such bid is genuine and not sham , or collusive or made in the i nterest or on behalf of any person not thereon named, and further, that the deponent has not directly or indirectly induced or solicited any other bidder on the foregoing work or equipment to put in a sham bid, or any other person or corporation to refrain from bidding, and that deponent has not in any manner, sought by collusion to secure himself, or to any other person, an advantage over any other Bidder or Bidders. Sign Here. SO US' PCi\4 P XC t x (:I (Company Name) J T� I = ; (SI furs) � V 1 re rP Si (1-f-n t: (Titiej r (SEAL, IF INCORPORATED) Subscribed and swum to before me this day of . }ra n t j.l<Lr , z0 �,% %% 30 3 i t, 1 d�, 5��''' �'°'•ti s ��� Notary Public In and for the State of Washington, residing at { _�.� =° '• Dlyn- ?Pia, Yv� I Z *'a X '••s�?tN� N°.�r'+ Is Affidavit properly executed must accompany all proposals) � -* OV4 '% V I 3 I i i I I j I Page 6 of 7 ! i •b��� tip° � I PARK & 4TH STREET — PHASE TWO CITY OF BREMERTON FORM OF PROPOSAL EDA Award No. 07 -01 -06590 PART 11- BID PROPOSAL Subcontractor Listing Per RCW 39.30.060 Bids on Public Works — Subcontractors must be Identified when Every Invitation to bid on a contract that is expected to cost one million dollars ($1,000,000.00) or more for the construction, alteration, or repair of any public building or public work of the state or a state agency or municipality as defined under RCW i - r 39.04.010... shall require each bidder to submit as part of the bld, orNvithin one (1) hour . s he- published- bid - submittal -dme,-#he-aameagg4be -su hom4e —. -- — — 4t bidder, If awarded the conl act, Will subcontract for performance of the work of heating; ventilation and air conditioning, plumbing as described In chapter '18.106 RCW, $nd r, ,. . ; - electrical as descnbe in chapter 19.28 RCW, or to name itsetl' for the work The bidder ' shal not list more than one(1) subcontractor for each category of work identified, unless ' subcontractors vary with bid alternates, In which case the bidder must Indicate which subcontractor will be used for which aitemate. Failure of the bidder to submit as part of j 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 some work shalt render the bidder's bid non - responsive and, therefore, void .... I i Firm Name Designated Work ^ti 1) W QO .iSr¢urs Gtl � l-C_ C ©NLQtr� ) L A t-`C� i Q& i .0 o (j(-r41 *-C� 14 V& A i 3} V Er 5 c-v u n LAS UA.o # P LAS �C' �► n � T*s �.4^ vtt; -ill, i RR.t 4+►'�'tc../ j s I 4) —+` + 6 W FA„4`{ Acv L A SSoc r,4 rd- g ea � ss � � �Lf mPnts f (Please Print Name) S I ' y, Name of BidderMrm Itting aid (Please Print) I ' END OF FORM OF PROPOSAL i Page 7 of 7 ' i � f 4 } { 1 f i i c1 OWWN RFOARDING LOBBYING f Crhis Cadficafm is reqWredpumusmt to 31 U.S.0 1352) CeOc 9 a for Contnmts. 2ma Loans sad Coo=mtI4 Age I 1hoed c" to the best ofhi9 orherknowledge aadbefiet that i (1) No Fedad appropdabed have ben . paid or wifi be paid, by or on behalf cabs u adereigaed, to - �---�— Cougm s, an officer ar employee of Conglrtes, ar as 'employee of a Member of Congie s in won' with the awaftofawTodaal ooatract, the makingQfanyFederalpot theritakirtg of my Federal { loan, the Otaing lido of any cooptmfivs agrtomtnt; and the cdeasion, contimation remawal, ammdmemt, ormodificsdmefaayFederd x trim grat>t; loan, or cooperative agrrament ! (2) If nay fonds otherthanFedmaE appropriated fipsds have been paid or wBl be paidw saypresson for m8aeDcIa8 err attamptmg to Infi= a an officer or ampkUw of any agency, a Memober of Congress, an officer or employee Of Congress, or= employee of a Member of Congress is connection with this Federal coidmet rat loan, or cooperative a the umdershgned shall complete arhd submrit i Standard Foan -IJ4 `DWasur a of Lobbying Activities," m aomdaace with its lost uctiom (3) The undersigned shall require that the Imumgg of this c e rfficadon be included is to award , docareaoots .iiaraII.sabaw�ds.atallttess (including., ,andc�dagmnts, ' betas, and eve agteamats) and that ail mftempkmw shall cm* and disclose acccr&Wy. 3 This certification is a material representation of fact upon which relieace was placed whim this trateactiou was madt or c*mdicu Subm>issicm of this certi n is a prerequisite formakh% or entering into tide { transaction imposed by section 1352, title 31, U.S. Code. Any pemon who feu'ls to Me the required eer1ificatiaa shall be stub a to a civil penalty ofnot less then $10,000 and stators they $10QM for each suchWhIm a # I Statenhent forum duaraatees_and_Loaa Isr mom � � This tmdersigaed states, to the best of his or her Immledge sad behel', that: ffany f mds have bear paid atr wM be paid to nay pe:scn for tasuea ft or attemptbrgto Wkahce im i officer or employee of aqy agency, aMember of Congress, an office or employee of Congress, or an employee of a Member of Congress in man with this commitment pmavuft for the United Status to tosure or gt a loan, the under fined shall complare and submit Standard Foma..Uj, "Disclosure of Lobbying Activities," in a000rdnoot with its ions. Subaoisalan of this statemient is a prerequisite fct: making or entedng into this ttaneacdon imposed by section 1352, dde 31, U.S. Code. Any penaan who fails to Me the requited sta d aU be subject to a civil penalty ofnot less than $10,000 and no rum dom $100,000 for each such *Um ORGANMATION NAME AWARD NUMHER E O TOQ CI eM&Ots - VI CL ark r NABS AND TITLE OF AUTHQRMW RBPRESENTAn BB SMA TEME DATE i ti , , , DISCLOSURE OF LOBBYING ACTPIMES c� j this farm LO U M o e tobbM s d Pumum t to 91 U.SP_ M2 I (Sae tevecse for pub>fc haudsn ) l !. iypsofFedaratAcflon: 2. ShiaQFFad0WAc9on: a RwmTy}G: I a contract a, b��pp a mat ft0 b i ® b. avAud ❑ h nlatmt� dmnpe CL hm C. pookuMd For1Y i�4 Oahr: t i a lawn yW r -'I.- # t loan dateotlestiapat�_ � =Hama and Address of Repooft Eat . H RepoiBng dtli►fn tlo. A b llstaaand ' ' 1� `�` { Pone bUbaamrdea Address of Pt"* YY1_U p to v,a i ie Svc IVMPkQ wtq a 11 a IYMI/L y� �Ilw, Y Vrf { � & 7. Federal PlOgrrep Namoaswgorc l r C' � of B reml; n L Faftd Acg*n Hmabnr, lfkww 6. Ateepl Amount, 6`JQ1o»nr 10. a. K%mmnd Ad*motLcbbftEdn y b. IndMduda Par g Se�loas eddn�s8lf (�� lratr►arrae, ftd nwm A* dl>l w tab mma. 108 i (Ibstnarrrey t�atnams;, INIJ: I ooana�ao srw� r i 11. Anwunt ad t3gnaent (oheoh a0lhad apply. 13. Type of P.yatent (d18ok eB tlset� ply) i ❑ e ❑ Owmed ❑ a re 12 Fomt of FpytnMtt (dteciretr that apply) ❑ d. ones IN D a comntseton ❑ a web ❑ d. tee ' ❑ b. to spy nature ❑ a. deterred value ❑ f. other wear. 14 Wtef bova p m ad Sotvtoes Pw(onr ad ar to be Perknmd and Dole(e) of twdoa, Liducting olllcei(s), ►se(sb or1t1 mbwN mad, for Paytnout Wicagsd in !teat 11: �h Sfr>°�t I m�roVenxnts l E �rerner toa , [-V lq eao6 Caaeifmdmr d,,, 1' IS CORUnnwen ) O idtAsOftb d: Q Yea No ' ool 16. lammmeaa peebd saaugh t6m mm b aau+erinedby GG st W6 Q. aaallaa I= rabm�a.. ebtb�aeg .ae�fr..haar�.tiepaao4�naaotovm b bYft f ffd w nvdM aa� UM aaae R mraraa Isle. TWA Q4mgrs b epukad m 31 US.Q YaBi 'iLb Pat w= l aa ' I poubip"Com, �roama.aaas.M�or.oa.aom wea . y) re. 92 re f d-C n �- vv�aetawearas Wp�omurn+ Awm@iaaa9aaaa,kadmogoaaraabtlles e6Hatm aaAeprreyelrmt mae eea 5fg000 arrQ net mare Qw�i'ICOAeO a eedr.atlrmau� Teh�+hone Ha.: 3 �Od d (s tv-y�15 yca la 1- I 1- 1' �,__ � L � Federal Use Cogs nu wtwd for Local Repom,etlon ' sumrbW F,3rm_l l l r 1 BID BOND Conforms with The American Institute of Architects, Ad.A. Document No A-310 KNOW ALL BY THESE PRESENTS, That we, South Bay E Inc. :i as Principal, hereinafter called the Pnncipal, and the Tra v e l e rs C and Surety Compfily of America of Seattle, WA , a corporation duly organized under the laws of the State of C onnecticut gay, called the S as urety, are held and firmly bound unto City of Bremerton as Obhgee, henomaher called the Obligee, to the sum of Five Percent (5 %) of Bid Amount Dollars (S Five Percent (5%) of Bid Amo unt ) , for the payment of which sam well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, adnumsMors, successors and assigns, Jointly and severally, firmly by these presents WHEREAS, the Principal has submitted a bid for 4th Street improvements (Eastern Portion), Bremerton, WA, EDA Award 07 -01 -06590 NOW, THEREFORE, if the Obhgee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in j accordance with the terms of such bid, and give such bond or bonds as may be specified m the bidding or Contract Documents wrib t good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material fiumshed m i the prosecahon thereof, or in the event of the failure of the Principal to eater such Contract and give such bond or bonds, if the Principal shall pay to the Obhgee the difference not to exceed the penalty bereof between the amount specified in said bid and such larger amount for which the Obhgee may in good faith contract with another parry to perform the Work covered by said bid, then this obligation shall be mill and void, otherwise to remain in full force and effect. Signed and sealed this 17th day of January , 2012 South Ba Excavating In (Seal) P eipal n Jenn Gat- �Gts wiiness IJice ns� Title Tr avelers Casualty and Surety Company of America �Y Pe i Witness { By U &L) 6L Christopher Kinyon Aaomey- urFact I 6-00541GE 12100 XDP 1 I 7wVoru6 i WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OFATTORM TRAVE LERS J Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company FIdehty and Guaranty Insurance Underwnters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Manse insurance Company United States Fidelity and Guaranty Company St. Paul Guardian insurance Company Attorney -In Fact No. 223%1 Certificate No 0 0 4 4 9 5 41.2 ' KNOW ALLb= #,V=;PRFSE= That St. Pant Fire and Manse insurance Company, St. Paul Guardian insurance Company anld SLPWM COVOY are oarpgiatiZ4 duly�gzgamzed nnder the laws of the State of Minnesota, that Farmington Casualty Company, Travel= C and Surety Company ` r Travelers ty�ola Of 4� 1�Y corporations drily organized under the laws of the State of Connecticut, that U States F98elity and' Coalpany is a caaporahpp otgantzad order the laws of the Star of Maryland, that Fidelity and Guaranty Insurance Compaq is a caspotahon duty organi:ei nnd ,, „the laws of the State x *-that Fidelity and Guaranty Insurance Underwriters Inc is a corporation duly omanized tinder the a ' �er�'coliet4vely L1 ' � t s t Eric Ztmtgerman,Xareh- SWanson, Brent E Hellesen, Anne E Strieby, James B. Binder, Peter J Comfort, Jennffer L Snyder, Julie R Truitt, Peggy A. Firth, Tarnarle.EPingsen, Steve Marinkovich, Chnstopher Kinyon, Jamie Diemer, and Brady Moriarty i of the sty of _ Tacnma State of Wachmgion , their true and lawful Attomey(s )-m -Fact, each In their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognrtances, conditional undertakings and other wnnngs ob4gaury in the nature thereof on behalf of the Companies m thee; pUS ess of ttaranteemg the fidelity of persona. guaranteeing the performance of contracts and exembug or guaranteeing bonds and undertakings required or peia,¢l'tcd in aayj`btions or proceedings allowed by law IN WIT fiESS WHEREOF, the companie have caused this mstr t to�be si ` a�nd� y t f August � � cor,poia� seals to be 4ereto affixed, this 30th day of .ro armington Casualty C m'" ' F P �P�y Y” t ; ' St Paul Mer=ry Insurance Company 1 Fidelity and Guaranty 11 pug e i `° Travelers Casualty and Surety Company Fidelity and Guaranty Iavrrrmhr nderwriters, Inc. Travelers Casualty and Surety Company of America SL Paul Fire and Marme Inns -once Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company i I D ,i.� !` ♦v q C�'� \Vq � I SO � �� � \°�' /P a\ '°"e / �••� State of Connecticut By City of Aarthard ss Thompson, t6e President on this the 30th day of August 2011 4 before me personally appeared George W Tbompson, who aclmowledged I himself to be the Senior Vice Prssrdent of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, I Inc., SL Paul Fire and Manne Insurance Company, SL Paul Guardian Insurance Company, SL Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America. and United States Fidelity and Guaranty Company, and that he, as such. berg authorized so to do, executed the foregoing mstrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authotzed officer. I asEr ; In Witness Whereof, I hereunto set my hand and official seal T My Comm ssion expires the 30th day of June, 2016 p er+ } Mane C Temeaett, Notary Pubhe 58440 -6 -11 Printed In U S.A. I WARNING THIS POWER OF AT iORNEY IS I„iVAUD W17HOLM 7 mE RED BORDER WARNING THIS POWER OF ATCORNEY IS INVALID WITHOUT THE RED BORDER This Power ofAttorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc, St. Paul Fire and Marine Insurance Company, St. Paul Guardian lnsorance Company SL Paul Mert:tay Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full fosse and effect, reading as follows RESOLVED, that the Ch -man, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys- m-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recophances, contracts of indemmty, and other writings obligatory m the nature of a bond, recogmzaace, or conditional undertaking, and any of said officers or the Board of Directors at any tune may remove any such appointee and revoke the power given him or her, and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any 6=1,ve Vice Ptesidtat, any Senior Vice President a any Vice President may delegate all or any poet of the foregoing authority to one or more officers or employees of this Codtpany, provided that each such delegation is in wntmg and a copy thereof is filed in the office of the Secretary, and it >s FURTBER RESOLVED, that any bond, recognizance, contract of humanity, air tvnyng ob ~ ,'�y� is 1 pre of a bond, recognizance, or conditional undertaking shaI[ be valid and binding upon the Company when (a) signed by the President, ally Ice gri j $ a rive Ice President, any S=W Vita President or any Vice President, any Second Vice President, the Treasurer, any Assistant hc6surm the Corporate S ?r � ' Secretary and duly attested and sealed with the re -MM y d i en prescribed in his or her atttficete or their certificates of authority or by one or more Cofifpmy officers pursuant to a wnuen delegation of authority, and it rs FURTHER RESOLVED. that the signature of each of the following offieas President, sny Exbcative VlooPmaldent, any Senior Vice President, any VimPmadeit, any Assistant Vice President, airy Secretary, any Assistant Secretary, and the seal of the Company r4y ke Oxed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Ptcodents, Resident Assistant Secretaries orAttorneys-m- Factfor purposes only of executing and attesting bands and imdatakmgs and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bea>mg such facsimile mpg= or facsmnle seal shall be valid and bmdmg upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or undetstandmg to which it is attached. I, Kevm E- Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwirtera, InC , SL Paul Fire and Mamie Insurance Company St Paul Guardian y, S Paul Mercury Insurance Company, Travelers Casualty and I Surety Company, Travelats Casualty and Surety Company of America, and Um d G.,�° ry�Y Company do hereby certi th fy at the above and foregoing I is a tree and correct copy of the Power of Attorney executed by said Corn w } &in O f and has not been revoked. IN TESTIMONY WHEREOF. I have hereunto set my hand �l� � o�� d zanies this �� day of J A K LA G 7o Kevin R Hughes, Assistant S ecittary ►� � X951 �� SSat o^ $ S8Eb ; �\ � / ��� �' i� -•� r y � �,� � lid rep �� .i�� � e . �� * �'t \ — / ►'� � � lbw' , Tb verify the authcnticaty of this Power of Attorney, call 1- 800421 -3880 or contact us at www ttavedesboad corn. Please refer to the Attorney -In -Fact m®ber, the above -named individuals and the detmUs of the bond to which the power is attached f W- L Vr rp W IS =R OF ATTOR W WITHO TH E RED BORDER I i ` P r Petition to Retain Parking Spots on 4th St. 1'RECEWED CITY COUNUL Off1(V D ATE _ 11 �— Petition summary and Redesign of the eastern end of 4"' St. will eliminate sixteen parking spots we need to better serve the customers who buy background goods and services to provide livelihoods to business owners and employees and generate sales tax revenue. - Action petitioned for We, the undersigned, are concerned business owners, employees and citizens who urge our City Council to act now to have the design for 4 St. changed to keep as many parking spots as possible. Printed Name 1 SlIgn4sm Address Date t 11,7 x T' c P2tq4)c Hu 06oAJ a; ►�. S��{S q t ► �j Da Mr Q-L' S 4 S il 1 1 1q /1 A,> rncte 14 C-� - y - Ne— P + ianhe.�da L E rtc k 6ej , —G A: �7h 1 . ~�~ ° ~ ` Pjit�fi�ei' i,'gti�Eire T; At+dr'�as tie M ,, 55 6 Ll Si (ze- I- 11 - - NI — kk (:!7, Me v�evh Bev nt czt;-) sc �✓ `�� Gh����� was 11 411, 0/ V, 'A, - i -// 2 lc,! `itvz -cc Govt �c)t ,rijD `��l I LA - tAA k 2� J/l - - -- -- - -- -- 1-r - _ -j_ �� _ -- _ - - - -- - C� pal o " owl �� Page 1 of 1 Lori Smith From Alyce Fierro on behalf of Gary Sexton Sent Tuesday, January 31, 2012 1 25 PM To City Council Subject RE Question on Agenda Item 6B (Greg Wheeler) Importance High To Greg Wheeler and all City Council Members Re Phase II Park Ave /Fourth Street (Eastern Portion) Parking Greg, as we discussed and agreed, in my public presentation, I will provide a written description that will be the change order directive setting forth the construction modifications to the current design necessary to returning /increasing the total parking spaces in the Park Avenue /Fourth Street (Eastern Portion) to 30 spaces The net reduction will be 6 parking spaces I will orally review those changes in the council presentation Again, I am in total agreement with Roy Runyan's language for the motion Thanks, Gary Sexton Special Projects Administrator From: Lori Smith On Behalf Of City Council Sent: Monday, January 30, 2012 1.40 PM To: City Council Subject: FW Question on Agenda Item 613 (Greg Wheeler) Attn Council Members, Gary Sexton (FYI) From: greg wheeler (mailto.electgregwheeler @gmail com] Sent: Sunday, January 29, 2012 10.27 PM To: City Council Cc: Patty Lent Subject: Agenda Item 613 Lori, I do not see the design revisions that would return the number of parking spaces back to between 30 and 32 on 4th St (a reduction of 4 to 6 from our currently available 36) nor was I able to find any written comments or description I felt the increased parking was a reasonable accommodation to meet the demands of our existing businesses and downtown visitors All of the drawings in our packet are dated Jan 6, 2012 Please let me know if this is an oversight as it will be hard to make a decision without them Please forward this to the rest of the City Council for their review Thank you, Greg 1/31/2012 DATE SUBMITTED January 20, 2012 AGENDA BILL CITY OF BREMERTON 1A CITY COUNCIL ■ seeeeeeeeeeeeeeee eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee SUBJECT: Public Hearing on Ordinance Study Session Date. January W, 2012 No. 5178 granting six (6) month extension COUNCIL MEETING Date February 1, 2012 on the existing moratorium (Ordinance No Department DCD 5159) for Medical Marijuana Collective Presenter. Allison Daniels Gardens Phone. 360 473 5289 SUMMARY: The action before City Council is to conduct a public hearing to grant a six (6) month extension on the existing moratorium (Ordinance No 5159) which was approved on September 1, 2011 Council approved the six (6) month moratorium on all applications and permits for Medical Marijuana Collective Gardens as it was determined by City Council that the Bremerton Municipal Code (BMC) does not adequately address the placement of these uses, the impacts that these uses may present, and the City does not currently have sufficient regulations to properly review and consider Medical Marijuana Collective Gardens in the community Currently staff is continuing to follow changing Federal and State regulations and other jurisdictions code amendments and implications regarding Medical Marijuana Collective Gardens RCW 35 63 200 and RCW 36 70A 390 authorizes cities to adopt moratoria for a period not to exceed six (6) months, unless a subsequent public hearing is conducted to extend one or more six (6) month moratoria ATTACHMENTS: A Proposed Ordinance Xv 517$ B Staff Memo FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTO CITY ATTORNEY - - - FINANCE DIRECTOR. MAYOR r COUNCIL PRESIDENT Gam, y CONSENT AGENDA ❑ GENERAL BUSINESS ❑ PUBLIC HEARING RECOMMENDED MOTION: Move to approve Ordiance No 5178 imposing a six (6) month extension to the existing moratorium on the acceptance of applications for any building, land use, or development permit or approval for Medical Marijuana Collective Gardens COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. 5178 A ORDINANCE of the City Council of the City of Bremerton, Washington, extending the moratorium on the acceptance of applications for any building, land use, or development permit or approval for Medical Marijuana Collective Gardens WHEREAS, the City of Bremerton adopted a 20 -year comprehensive growth management plan in December 2004 in accordance with the goals and requirements of RCW 36.70A (the Growth Management Act, or GMA), and WHEREAS, the City Council adopted Ordinance No. 4950 on November 30, 2005 establishing a new Zoning Code, and WHEREAS, the City Council adopted Ordinance No 5159 which determined that the City's Zoning Code does not adequately address the impacts of the placement and uses of Medical Marihuana Collective Gardens and therefore established a six (6) month moratorium on the placement and uses of Medical Marihuana Collective Gardens within the City, and WHEREAS, The moratorium established by Ordinance No 5159 became effective September 1, 2011 and expires on February 29, 2012, and WHEREAS, RCW 35 63 200 and RCW 36 70A 390 authorize cities to adopt moratoriums for a period not longer than six (6) months however the cities may renew for one or more six -month periods if a public hearing is held and finding of fact are made prior to each renewal, and WHEREAS, the citizens of Bremerton would be well -served if the City more fully addressed and understood the potential impacts in the form of health, safety, economics, hazards to traffic, and aesthetics relating to Collective Gardens may impose upon neighboring properties and the community as a whole, and WHEREAS, the City needs additional time to research its options and to review existing information on the effects of these facilities and to review the Bremerton Municipal Code in a comprehensive fashion to determine what code revisions are necessary to address the impacts of such a uses and therefore believes an extension of the moratorium is necessary to complete this review, and WHEREAS, the purpose of this proposed moratorium extension is to provide additional time in which the City Council may study its existing code, ordinances, and the impacts of such uses, determine what, if any, reasonable regulation is necessary to mitigate the impacts, and prepare for placement of Medical Marihuana Collective Gardens, and WHEREAS, the public was notified by legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council, and 1 Collective Gardens Moratorium Extension WHEREAS, a public hearing was held during its regular Council meeting on February 1, 2012 to hear public input on this proposed ordinance, and WHEREAS, the City Council finds that the protection of the health, safety, and welfare supports extending the moratorium on the acceptance of all applications for any building, land use, or development permit or approval under the Bremerton Municipal Code for Collective Gardens within the City of Bremerton until additional review has been completed and any necessary code revisions have been adopted by the Bremerton City Council, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN as follows SECTION 1. Recitals Incorporated The recitals set forth in this ordinance are hereby incorporated as if fully set forth herein SECTION 2. Moratorium Due to the findings set forth herein and as authorized pursuant and subject to RCW 35 63 200 and RCW 36 70A 390, the Bremerton City Council does hereby declare an extension of the existing moratorium on the acceptance of applications for any building, land use, or development permit or approval (including variance, rezones and business licenses), or any other permit or approval required to occupy, site and/or develop any Medical Marijuana Collective Gardens and other related services within the City of Bremerton During said moratorium, no such building, land use, or development permit or approval shall be issued nor shall any such permit application be accepted for any such use within the City of Bremerton SECTION 3. Pending Applications Substantially completed applications for any building, land use, or development permit or approval (including variances and rezones), or any other permit or approval required to site and/or develop any Medical Marihuana Collective Gardens, filed and accepted by the City prior to the effective date of this moratorium, shall not be affected by this moratorium SECTION 4. Duration The moratorium established by Ordinance No 5159 herein shall be extended for a period of six months and shall expire on August 31, 2012 unless otherwise extended pursuant to RCW 35 63 200 and RCW 36 70A 390 SECTION 5. Severabilq If any one or more sections, subsections, or sentence of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect, and SECTION 6 Effective Date This Ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council of the City of Bremerton, Washington this day of , 2012. JIM McDONALD, Council President 2 Collective Gardens Moratorium Extension APPROVED AS TO FORM. ATTEST ROGER A LUBOVICH, City Attorney SHANNON CORIN, Interim City Clerk PUBLISHED the day of , 2012 EFFECTIVE the day of , 2012 ORDINANCE NO R \Legal \Legal \Ordinances \Community Development \Moratorium - Medical Marijuana Collective Gardens Extenstion doc 3 Collective Gardens Moratorium Extension DEPARTMENT OF COMMUNITY DEVELOPMENT I a _ I le. MEMORANDUM a TO.. City Council Study Session From: Allison Daniels, City Planner Date: January 25, 2012 Subject: Extension for Medical Marijuana Collective Gardens moratorium SUMMARY: Staff is requesting a six (6) month extension on the existing moratorium for all budding and land use approvals for Medical Marijuana Collective Gardens within the City (Ordinance No 5159) which was approved on September 1, 2011 At this time, staff is continuing to follow changing Federal and State regulations and other jurisdictions code amendments and implications regarding Medical Marijuana Collective Gardens to present the research and findings to Planning Commission and City Council BACKGROUND INFORMATION: The City of Bremerton has currently placed a moratorium on the acceptance of all applications for any budding, land use, or development permit or approval under the Bremerton Municipal Code for Medical Marijuana Collective Gardens within the City The Bremerton Municipal Code does not adequately address the placement of these uses and the impacts that these uses may present City Council enacted a moratorium on Medical Marijuana Collective Gardens until additional review has been completed and any necessary code revisions have been adopted by City Council under Ordinance 5159 RCW 35 63 200 and RCW 36 70A 390 authorize cities to adopt moratoriums for a period not longer than six (6) months however the cities may renewed a moratorium for one or more six month periods if a subsequent public hearing is held PROCESS: Hold a public hearing to extend the existing moratorium, Ordinance No 5159, on acceptance of applications for any building, land use, or development permit or approval for Medical - Marijuana Collective Gardens for an additional six (6) month period ,+ v^ AGENDA BILL "75 CITY OF BREMERTON CITY COUNCIL ■■ aaaaaaaaaaaaaaaaaaaaaaasaaaaaaaaaaaaaaaaaa0aaoaaaaaaaa 000020 ■■0aaaoaaaaaaaaaaaaaaaaaa SUBJECT: Public hearing on Ordinance Study Session Date January 25, 2012 No 5177 to amend the BMC for Opiate COUNCIL MEETING Date February 1, 2012 Substitution Treatment Facilities Department DCD Presenter Allison Daniels Phone 360 473 5289 SUMMARY: The action before Council is to conduct a public hearing and adopt an Ordinance for zoning code amendments to Chapter 20 46, 20 86, and 20 98 of the Bremerton Municipal Code to address Opiate Substitution Treatment Facilities ATTACHMENTS. A Proposed Ordinance and B Staff Memo • Research Chart, • Planning Commission Minutes FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to pass Ordinance No 5177 amending the Zoning Code realtmg to Opiate Substitution Treatment Facilities STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION- ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. 5177 A ORDINANCE of the City Council of the City of Bremerton, Washington, relating to land use zoning by amending Chapters 20 42, 20 86 and 20 98 of the Bremerton Municipal Code regarding Opiate Substitution Treatment Facilities WHEREAS, the City of Bremerton adopted a 20 -year comprehensive growth management plan in December 2004 in accordance with the goals and requirements of RCW 36 70A (the Growth Management Act, or GMA), and WHEREAS, the City Council adopted Ordinance 4950 on November 30, 2005 establishing a new Zoning Code, and WHEREAS, the City Council adopted Ordinance No 5155 which determined that the City's Zoning Code does not adequately address the impacts of the placement and uses of Opiate Substitution Treatment Facilities and therefore established a six (6) month moratorium on the placement and uses of Opiate Substitution Treatment Facilities within the City, and WHEREAS, the City Council, in adopting Ordinance No 5155, made findings that the citizens of Bremerton would be well -served if the City more fully addressed and understood the potential impacts in the form of health, safety, economics, hazards to traffic, and aesthetics relating to Opiate Substitution Treatment Facilities impose upon neighboring properties and the community as a whole, and WHEREAS, the moratorium established by Ordinance No 5155 became effective August 3, 2011 and expires on February 2, 2012, and WHEREAS, the City needed time to research its options and to review existing information on the effects of these facilities and to review the Bremerton Municipal Code in a comprehensive fashion to determine what code revisions are necessary to address the impacts of such a uses, and WHEREAS, the moratorium was adopted to provide time in which the City Council may study its existing code, ordinances, and the impacts of such uses, determine what reasonable regulation is necessary to mitigate the impacts, and prepare for placement of Opiate Substitution Treatment Facilities, WHEREAS, on October 10, 2011 the proposed Zoning Code amendments relating to Opiate Substitution Treatment Facilities were circulated to the State Agencies for the requisite 60 -day review and comment period and the City received conformation on the October 11, 2011 that the notice was received, and WHEREAS, on October 18, 2011 the City of Bremerton Planning Commission considered staff's recommendations, received testimony, and formulated a recommendation to forward the amendments for City Council at a duly advertised public hearing, and 1 Opiate Substitution Treatment Facilities WHEREAS, on December 7, 2011 a State Environmental Policy Act Determination of Nonsignificance was issued for the proposed action with an administrative appeal deadline of January 4, 2012 and no appeals were filed, WHEREAS, the public was notified by legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council, and WHEREAS, City Council took public testimony from interested parties and considered all written and oral arguments at a duly advertised public hearing for the Zoning Code amendments on February 1, 2012 date, and WHEREAS, City Council finds that the recommended amendments the Bremerton Municipal Code relating to Opiate Substitution Treatment Facilities herein are in the public interest, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN as follows SECTION 1. Recitals Incorporated The recitals set forth in this ordinance are hereby incorporated as if fully set forth herein SECTION 2. Section 20 42 020 in the Bremerton Municipal Code titled "List of Defined Terms" is hereby amended to add "Opiate substitution treatment facility" to the list as follows 20.42.020 LIST OF DEFINED TERMS. Abandoned sign Abandonment or Abandoned Accessory dwelling unit (ADU) Accessory use, activity or structure Acre, net Acre, gross Adjoining or adjacent Administrative Hearing Exammer Adult entertainment business Adult family home Alley Alteration Alteration, structural Antenna, tower Antenna, wireless Applicant Appurtenance or Appendage Area of sign Art gallery Art studio 2 Opiate Substitution Treatment Facilities Assisted living facility Automobile sales Automobile service and repair Awning/canopy Bay window Bed and breakfast Boarding house or rooming house Buffering Building code Building coverage Building envelope Building line Bulletin board/kiosk Car wash Caretaker Caretaker's residence Carport Cell on wheels (COW) Change of use Changeable copy /readerboard sign City Co- location Community facility Concealed Construction sign Day care facility Deck Density Density, maximum Density, minimum Detached Detoxification center Development coverage Directional sign Director Drinking place Drive- through facility Drive- through lanes Duplex Dwelling unit Dwelling, conventional Dwelling, modular or factory -built Dwelling, multi -unit structure Dwelling, single -unit attached Dwelling, single -unit structure Education and school Education, higher and college 3 Opiate Substitution Treatment Facilities Entertainment use Equipment structure FAA FCC Fence Finance, insurance and real estate Foster home Franchise business Freestanding sign Frontage Garage Gas station Grade Grade, average final Grade, existing Gross floor area Group residential Group residential - Class I (assisted living) Group residential - Class II Group residential home Heavy industrial /manufacturing Height Home occupation Homeowners' association Hospital Hotel and lodging place Household Identification sign Illegal sign Impervious surface Incidental sign Incubator for business Junk yard Kennel Light industrial /manufacturing Loading area Lot Lot area Lot line, front Lot line, rear Lot line, side Lot, depth Lot, flag Lot, waterfront Lot, width Maintain Manufactured home 4 Opiate Substitution Treatment Facilities Marina Marquee Medical laboratory Medical office and clinic Mobile home Monument sign Motion picture theater Multiple - building complex Multiple- occupancy building Museum and gallery Nonconforming sign Nursery and greenhouse Nursing/convalescent home Office and business services, general Off - premises sign Open space Opiate substitution treatment facility Outdoor athletic fields Parcel Park, playground and open space Parking, satellite Parking, structure Paved surface Personal service Physical fitness and health club Pier Pole sign Porch Portable sign Premises Private club or lodge Product sign Projecting sign Provider Public administration Public distribution/transmission facility Public utility facility Public information/identification sign Public services Recreational vehicle Recreational vehicle park Recycling center Recycling collection station Recycling collection station (limited) Rehabilitation Residential use Residential, as secondary use 5 Opiate Substitution Treatment Facilities Restaurant Restaurant, fast food Retail, general Retail, large Rezone Sandwich board sign Satellite dish Senior citizen Senior housing complex Setback, maximum Setback, minimum Shop Shopping center Sidewalk vendor Sign Sign structure Social services Stadium and sports complex Storage building and shop Storage yard, outdoor storage Story Street Street, private Structure Structure, accessory Structure, principal Structure, temporary Support structures Temporary sign Tower Townhouse Transient person Transportation facility Use Use, accessory Use, conditional Use, principal Use, temporary Variance Vehicle- or trailer- mounted sign Vesting Veterinary clinics and animal hospitals Wall sign Warehousing Whip antenna Wireless telecommunications facility Worship and religious facility 6 Opiate Substitution Treatment Facilities Yard Yard, construction or storage Zero lot line SECTION 3. Section 20 42 040 of the Bremerton Municipal Code titled "Definitions" is hereby amended to include a new definition for "Opiate substitution treatment facility" between the two existing definitions, "Open space" and "Outdoor athletic fields ", as follows "Opiate substitution treatment facility" means an organization that administers or dispenses an approved drug as specified in 212 Code of Federal Regulations (CFR) Part 291 for treatment of detoxification of opiate substitution The agency is (1) Approved by the Federal Food and Drug Administration, (2) Registered with the Federal Drug Enforcement Administration, (3) Registered with the State Board of Pharmacy, (4) Licensed by the county in which it operates, and (5) Certified as an opiate substitution treatment agency by the State Department of Social and Health Services SECTION 4. Chapter 20 86 of the Bremerton Municipal Code titled "Freeway Corridor Zone" is hereby amended to include "Opiate substitution treatment facility" criteria in 20 86 040 as follows 20.86.040 CONDITIONAL USES A conditional use permit, which is approved pursuant to BMC 20 58 020, may permit the following uses (a) Heavy industrial/manufacturing, provided (1) All standards of the noise levels ordinance, Chapter 6 32 BMC, are met, (2) No unshielded light or glare will be visible during periods of darkness in a residential zone, (3) No odor, dust or smoke byproduct will be clearly detectable on any adjacent or adjoining commercial or residential lot, (4) The applicant can demonstrate that the use will not significantly detract from the visual character of the area as seen from public rights -of -way or any adjacent lot Unkept or unsightly storage, refuse, yard, or equipment areas are elements with the potential to negatively impact visual character (b) Adult business per BMC 20 46 110 (c) Class II group residential facilities, provided (1) The facility will not create an operational conflict with the efficiency of large -scale freeway - oriented commercial use (d) Opiate substitution treatment facility provided (1) The permit shall be processed as a Type III Hearing Examiner decision, (2) No opiate substitution treatment facility shall be sited within 1,000 (one- thousand) feet of another opiate substitution treatment facility, 7 Opiate Substitution Treatment Facilities (3) Off -street parkin;; shall be provided one (1) parking space per 150 square feet of gross floor area, and (4) Landscaping is provided meeting the minimum requirements for nonresidential uses as prescribed in Chapter 20 50 BMC SECTION 5. Chapter 20 98 of the Bremerton Municipal Code titled "Institutional" is hereby amended to add Section 20 98 040 titled "Conditional Uses" as follows 20.98.040 CONDITIONAL USES A conditional use permit, which is approved pursuant to BMC 20 58 020, may _permit the following uses (a) Opiate substitution treatment facility, provided (1) The permit shall be processed as a Type III Hearing Examiner decision, (2) May only be located in the Institutional zone where the Harrison Medical Center campus is sited, in the vicinity of Cherry Avenue, Wheaton Way, and Clare Avenue, (3) No opiate substitution treatment facility shall be sited within 1,000 (one - thousand) feet of another opiate substitution treatment facilities, (4) Off -street parking shall be provided one (1) parking space per 150 square feet of gross floor area, and (5) Landscaping is provided meeting the minimum requirements for nonresidential uses as prescribed in Chapter 20 50 BMC SECTION 6. Severalidgy If any one or more sections, subsections, or sentence of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect SECTION 7. Effective Date This Ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council of the City of Bremerton, Washington this day of , 2012 JIM McDONALD, Council President APPROVED AS TO FORM ATTEST ROGER A LUBOVICH, City Attorney SHANNON CORK Interim City Clerk PUBLISHED the day of , 2012 EFFECTIVE the day of 1 2012 ORDINANCE NO R \L.egal\Legal \Ordmances \Community Development \Opiate Substitution Treatment Facility] doc 8 Opiate Substitution Treatment Facilities T 4 = DEPARTMENT OF COMMUNITY DEVELOPMENT 1y T MEMORANDUM To: City Council Study Session From: Allison Daniels, City Planner Date: January 27, 2012 Subject: Zoning code amendments for Opiate Substitution Treatment Facilities On August 3, 2011 the City of Bremerton City Council passed Ordinance No 5155 and placed a moratorium for all building and land use approvals for Opiate Substitution Treatment Facilities until it is determined that the City's code can properly address issues relating to such facilities At this time the Code is silent about these facilities which City Council deemed as unsuitable Many citizens participated in the moratorium meetings and voiced concerns that ranged from parking /traffic, loitering and increased theft City Council has asked staff to research and amend the Code to establish an Opiate Substitution Treatment Facility as a separate use with increased public involvement opportunities and addressing the public concerns Staff has researched how other Jurisdictions in Washington permitted these facilities and has included the analysis as Attachment 1 Staff has participated in numerous meetings with City Council and the Planning Commission which different siting criteria were discussed Staff will present four different options to City Council for deliberation Option D is the proposed ordinance that is being displayed within this packet for the City Council meeting on February 1, 2012 The four options are as follows ■ Option A Planning Commission Recommendation ■ Option B Planning Commission Minority Report Recommendation ■ Option C Initial City Council Direction ■ Option D Only Institutional around hospital and Freeway Corridor zones (this is the proposed ordinance being presented to Council on February 1, 2012) Option A - Planning Commission Recommendation was recommended by Planning Commission on October 18, 2011 This proposal is that all zones that allow for Medical Office and Clinic use should allow for Opiate Substitution Treatment Facilities provided they meet the siting criteria proposed (1000' buffer from parks, schools and other Opiate Substitution Treatment Facilities and must be located on a Collector of higher street classification) Option B - Planning Commission Minority Report Recommendation This proposal was the one opposing vote to the Planning Commission's Recommendation Reason for the opposing vote was the request that Opiate Substitution Treatment Facilities not be allowed in any Centers, only those zones that allow Medical Office and Clinic outside of centers should be permitted Siting criteria still remains Option C — Initial City Council Direction which is Option A excluding "Neighborhood Center" zones After the first Study Session with City Council on January 11, 2012, it was determined that all Centers (the minority report — Option B) may be too prohibitive on the use, therefore recommendations were discussed to only prohibiting Opiate Substitution Treatment Facilities within "Neighborhood Center" zones as they are the City's smallest scale commercial areas and Opiate Substitution Treatment Facilities has a potential to impact residential areas Siting criteria still remains Option D — Only Institutional around hospital and Freeway Corridor zones Option D is the proposed ordinance being presented to City Council on February 1, 2012 This proposal only allows for Opiate Substitution Treatment Facilities to be located within the Institutional zone around hospital and Freeway Corridor zones with siting criteria removed for Collector of higher street classification and only included the 1000' buffer for other Opiate Substitution Treatment Facilities This proposal was formed during the second City Council Study Session on January 25, 2012 to address City Council's concern that the previous option's siting requirements were too restrictive and eliminated the zoning around the hospital to allow for Opiate Substitution Treatment Facilities ATTACHMENTS. • Attachment 1 — Chart on Local Jurisdictions Code on Opiate Substitution Treatment Facilities • Attachment 2 — Planning Commission Minutes from October 18, 2011 Public Hearing Attachment 1— Staff Research and Chart LOCAL JURISDICTIONS CODES ON OPIATE SUBSTUTITION TREATMENT FACILITIES In order to determine the best course of action staff reviewed codes from other Jurisdictions that have recently permitted such facilities The following chart identifies six of these Jurisdictions and outlines the processes they use Included in the chart is the City of Bremerton existing Code if Opiate Substitution Treatment Facilities were considered "Medical Office and Clinic" The chart addresses common concerns such as number of patients, parking, and public outreach Jahn dicfti6lf Lind Use Classification Parkin` - Permit PrWess Bremerton — Medical Office and Climes —1 150 —Administrative decision (Existing Code) No limit of patients with no public comment p eriod ',Clark Cougty; — Outpatient Clinic —1200 —Administrative decision y —No limit of patients with 14 day public comment p eriod 'Edmnnas ` Halfway House Medical Office 1 200 — Administrative decision ' —Counseling Center with no public comment Hospital 3 spaces/bed period } — Residential Treatment rt on or current Residential Treatment Facility ( l yf —No limit of patients aci Flities may r a alcoholics and drug abusers and y re q a only allowed in non - residential Conditional Use Permit with e{ zone a public comment period Everett " . — Opiate Substitution —1200 Administrative decision Treatment Facility (A sub -class —No limit of patients with no public comment of Medical Office) p eriod '�h©relxne Medical Office /Outpatient —1 300 Administrative decision Clinic with no public comment _ —No limit of patients enod Tacoma, >- — Detoxification Center Mixed -Use 2 5 1000 Commercial, Downtown, (Applies to treatment of all drugs) Downtown None Mixed -Use and Industrial { zones Administrative } Residential Parking decision with no public rt 7 analysis required comment period ' —No limit of patients Residential Zone F, S Conditional Use Permit with a public comment period iYakimd, ' , —Treatment Center for Drug —1200 Administrative decision ' and Alcohol Rehabilitation with no public comment —No limit of patients �period PARKING Parking has been noted as a primary concern for permitting Opiate Substitution Treatment Facilities within Bremerton Staff contacted several Jurisdictions with such facilities asking if there was adequate parking for their existing facilities Officials stated Attachment 1— Staff Research and Chart that there have been very few complaints about parking for these facilities The parking requirements in other Jurisdictions varied, but were on average one off - street parking space required per 200 square feet (1 200) of the building area This means that a 4,000 square foot building would require 20 parking spaces Bremerton's parking requirements for a similar use and building size are slightly higher at 1 150 requiring 27 parking stalls PUBLIC INPUT AND SITING CRITERIA As with the City of Bremerton's existing code, the majority of Jurisdiction's processed such facilities as an administrative decision with no public comment period Staff has looked to Clark County's recently adopted ordinances to assist in establishing increased siting criteria and increased opportunity for public input, as follows 1 Opiate substitution treatment facilities shall be a Type III Hearing Examiner conditional use permit (CUP) A CUP will allow for a quasi - Judicial body to make a third party decision in a public hearing During the permitting process, a CUP requires a minimum 14 -day comment period and notification of the proposal and actions to all properties within 300' of the proposed site, along with posting of the site and publications in the Kltsap Sun This will provide fairness to both the applicant, as they understand at the time of permit submittal what the process will be to complete the permit, and the citizens, as they have an impartial decision maker and the opportunity to provide testimony at a public hearing 2 No Opiate Substitution Treatment Facilities shall be sited within 1,000 (one - thousand) feet of a public and private schools and their associated grounds, public parks, or other Opiate Substitution Treatment Facilities 3 The site is located on a collector or higher street STATE REGULATIONS These facilities are highly regulated by the State for operation of these facilities Of the many requirements, one of great applicable to our discussion includes public outreach The State requirement, WAC 388 - 805 -030, requires public outreach prior to the operation of the facility and includes an ongoing community relations plan to address concerns expressed by the community These processes are required for facilities to obtain and maintain proper program certification and are continually regulated by the State Attachment 2 — Planning Commission Minutes for Opiate Substitution Treatment Facilities Minutes for City of Bremerton Planning Commission Regular Meeting October 18, 2011 I. Call to Order The meeting was called to order by Chairman Hoell at 5 30 p m II. Roll Call Those present were Commissioner Cockburn, Commissioner Jose, Commissioner Lambert, Commissioner Mosiman, Commissioner Tift, and Chairman Hoell Commissioner Streissguth was excused Quorum certified Also present Andrea Spencer, Allison Daniels, and Pam Bykonen (DCD staff) III. Approval of Agenda Chairman Hoell introduced the agenda A motion was made by Commissioner Jose and seconded by Commissioner Mosiman to approve the agenda as presented It was agreed by general consensus to approve the agenda as presented IV Approval of Minutes The minutes of the Regular Meeting held on September 20, 2011 were presented for approval by Chairman Hoell A motion was made by Commissioner Jose and seconded by Commissioner Lambert to approve the Regular Meeting Minutes of September 20, 2011 as presented. Called for a vote Commissioner Cockburn Yes, Commissioner Jose Yes, Commissioner Lambert Yes, Commissioner Mosiman Yes, Commissioner Tift Yes, Chairman Hoell Yes The motion carried V. Public Meeting A. Call To The Public (public comments on any item not on tonight's agenda). Chairman Hoell asked if there were any comments from citizens Seeing none, she closed this portion of the meeting B Public Hearing — Amendments to Special Development Standards BMC 20 46 reyrdin Opiate Substitution Treatment Facilities Using a PowerPoint presentation, Allison Daniels, City Planner, gave an overview of the proposed amendments to the zoning code chapter of the Bremerton Municipal Code (BMC) 20 46 Currently, the code is silent regarding opiate substitution treatment facilities and staff has had to refer to development standards used by medical offices and clinics Allison researched what criteria other jurisdictions in Washington used to determine appropriate development and parking standards for opiate substitution treatment facilities Most jurisdictions' permit process required an administrative decision with no public comment period Amendments to BMC 20 46 would include Planning Commission Meeting October 18, 2011 Page 1 of 4 Attachment 4 — Planning Commission Minutes for Opiate Substitution Treatment Facilities • Adding the definition of what constitutes an opiate substitution treatment facility, • Requiring a Type III Conditional Use Permit decided upon by a third -party Hearing Examiner, • Requiring a fourteen (14) -day comment period, • Allowing opiate substitution treatment facilities in commercial zones with medical offices and clinics, • Preventing opiate substitution treatment facilities from locating within 1,000 feet of schools, parks, or other opiate substitution treatment facilities, • Requiring opiate substitution treatment facilities to be located on collector streets or higher, • Requiring one parking space per 150 gross square feet of floor area Commissioner Mosiman asked who the Hearing Examiner was for the City of Bremerton and what his capacity was Allison explained that the City contracts with Sound Law Center of Seattle to provide quasi-judicial decisions regarding City land use and code enforcement Commissioner Tift asked if Kitsap County and other local Jurisdictions allow opiate substitution treatment facilities Allison said that Kitsap County does not allow them and the legality of that decision has been questioned, other Jurisdictions in Kitsap County have imposed moratoriums similar to Bremerton on opiate substitution treatment facilities Commissioner Tift asked if the site chosen by Evergreen Treatment on Burwell Street and Montgomery Avenue had sufficient parking to operate at that location Allison said that there was not enough parking on the site, but satellite parking could have been an option Commissioner Cockburn commented that the number of zones that an opiate substitution treatment facility could be located in should be reduced He felt it would decrease controversy by preventing the facilities from locating within centers Andrea noted that the restrictions of locating near parks and schools would prevent opiate substitution treatment facilities from locating in those areas Medical Office /Clinic is the most similar use to an opiate substitution treatment facility, staff felt it was most logical to use similar guidelines with additional restrictions when determining building standards and zoning for opiate substitution treatment facilities Referring to the RCW regulating opiate substitution treatment facilities, Commissioner Lambert asked if Kitsap County would have the ability to increase the number of patients serviced by a facility located within the Bremerton City Limits Allison explained that approval of the Jurisdiction of the facility is required but the RCW is vague on how to go about it Other Jurisdictions have used various methods to gain approval for increasing patient numbers Chairman Hoell asked if staff knew how many local pharmacies honor methadone prescriptions Allison did not have that information and noted that methadone can also be prescribed as a short-term pain reliever so it would be difficult to determine who was receiving methadone as an addiction replacement and who was prescribed it as a pain reliever Commissioner Mosiman asked what the unintended consequences would be of having an opiate substitution treatment facility located in the city such as littering, public nuisance, and loitering Allison said that parking, loitering, and theft were often cited as side effects of Planning Commission Meeting October 18, 2011 Page 2 of 4 Attachment 4 — Planning Commission Minutes for Opiate Substitution Treatment Facilities having an opiate substitution treatment facility, but the facilities are usually located in urban areas where those problems would exist whether the facility was there or not Andrea added that Council wanted parking and adequate public comment addressed in the permitting process Commissioner Mosiman commented that the facilities exist for people seeking treatment He cautioned against implementing standards that are so strict the facilities could not develop Commissioner Jose felt that the traffic pattern or surges of traffic would be of concern He asked if Allison's research included traffic patterns Allison said her survey focused on parking not traffic volume Commissioner Lambert felt that the proposed amendments went beyond what other ,jurisdictions required She asked about public comment — could the Hearing Examiner accept testimony based on emotions and not facts? Allison said the Hearing Examiner cannot base his decision on testimony that is not backed up with facts but he could require additional conditions for the permit Commissioner Tift suggested having Dr Scott Lindquist of the Kitsap County Health District attend public hearing for opiate substitution treatment facilities A motion was made by Commissioner Jose and seconded by Commissioner Mosiman to recommend that the Planning Commission adopt the citation for the Special Development Standards and definition for Opiate Substitution Treatment Facility as detailed in Attachment 1 based on the Findings and Conclusions in Attachment 3. Called for a vote Commissioner Cockburn No, Commissioner Jose Yes, Commissioner Lambert Yes, Commissioner Mosiman Yes, Commissioner Tift Yes, Chairman Hoell Yes The motion carried Note Commission Cockburn's No vote was due to the number of zones the facilities could be located in VI Business Meeting A Chairman's Report: None B. Director's Report: Andrea reported that the City is expecting a $2M shortfall in the budget and is reviewing all departments to find ways to cut costs C. Old Business: None D. New Business: None Planning Commission Meeting October 18, 2011 Page 3 of 4 VII. Adjnmment Meeting was adjournod at6:13 pmL The nest Regular Meeting is scheduled for Novembo 15, 2DI I. 117egeEbtfully submitted by: drea ncer, AICP, Executive Secretary Approved by• a '.. F. /,/ B .Q. t Lois Hoell, Chairman Planning Cwtimission Meeting October 18, 2011 Page 4 of 4 Page 1 of 2 Lori Smith From City Council Sent Monday, January 30, 2012 1 14 PM To City Council Subject FW Business Owner Question - Methadone Clinic, Item 7B (Robert Parker, The Printer People, Inc ) Attachments Methadone Licensing -King County pdf Attn Council Members Please see the e-mail string below cc City Attorney Roger Lubovich, DCD Director Andrea Spencer (FYI) From: The Printer People [madto parker @net -nw com] Sent: Monday, January 30, 2012 1133 AM To: Greg Wheeler, Carol Arends Subject: Fwd RE Methadone Clinic Question I heard from Josh Brown's assistant today saying they are now having the prosecutors Office look into the county ordinance Wanted to keep you in the loop so you knew what was happening on the county side regarding the methadone clinics I have enclosed the response email Thanks, Robert Parker The Printer People, Inc 360- 377 -6540 Hello, My name is Greg Case and I am the assistant for Commissioner Brown In regards to your Methadone Clinic concern, we are having our Civil Division look into it and will try to get you an answer next week I will follow up with you when I hear something If you have any questions, please give me a call at 360- 337 -4428 Thank you, Greg Case District #3 Liaison Kitsap County Commissioner Josh Brown (360)337 -4428 gcase @co kitsap wa us From: The Printer People [madto.parker @net -nw com] Sent: Friday, January 27, 2012 5 PM To: jwbrown @co kitsap wa us, )wbrown @co.kitsap.wa.us Cc: Carol Arends, Greg Wheeler Subject: Methadone Clinic Question Hi Josh 1/30/2012 Page 2 of 2 About six months ago 1 spoke with the commissioners at the public commissioners meeting and a week later followed up with you by phone regarding the following ordinance 9.32.010 Methadone treatment — Prohibited. "No drug abuse treatment center within Kitsap County shall provide methadone treatment and the Department of Social and Health Services shall not certify any drug treatment program within Kitsap County which provides methadone treatment " At that meeting I expressed concern that it appeared that our county ordinance was out of compliance with the ADA and possibly WA state law I also informed the Commissioners that Roger Lubovich, Bremerton's City Attorney had informed the Bremerton City Council of such during a City Council meeting then I talked about my feelings that the county should be showing a leadership position on this important issue considering Bremerton as a child of the parent county rather than left on their own without support and guidance In our follow up phone conversation, you assured me that you would forward the ordinance to the Prosecutors Office for review and get back to me with about 3 weeks I still haven't heard from you or the Prosecutors Office however still see the ordinance on the books Could you kindly let me know where we are on the review and when or if the ordinance is going to be updated to be in compliance If the county is in compliance could someone let me know so I am not chasing a dead issue While I am not an attorney or suggesting any conclusion of what the prosecutor may find, I think a good starting point may be RCW 36 70A 200 1 have also attached a copy of Seattle's methadone licensing ordinance that may be helpful It seems to be one of the most comprehensive I've found Thank you for your attention to this matter I look forward to hearing from you sometime soon as Bremerton is quickly approaching the passage of related city ordinances while the county is still considering the clinics illegal Robert Parker The Printer People, Inc 343 N Callow Ave Bremerton, WA 98312 360- 377 -6540 parker -tscnet com 1/30/2012 e• RECEIVED 9t, moil 15 aH it: 21 CC�"-Rx n«C cup COUNCi King Coun Public Rules Tale Document Code No Procedures to Annually License Methadone Treatment LIC 8 -1 (PR) Programs in King County Department /Issuing Agency Effective Date _ Seattle County Dept of Public Health 112/15194 Division of Alcoholism and Substance Abuse Services FArm FM t ® King County Public Rules PubIc Rules and Regulations Title Document Code No Procedures to Annually License Methadone Treatment LIC 8 -1 (PR) Programs in King County Department/Iming Agency Division o Alcoholism and Substance Abuse Services I Effective Date December 15, 1994 Approved 10 S JECT TITLE Procedures to annually license methadone treatment programs in King County 1 1 EFFECTIVE DATE Decd 15, 1994 1 1 1 FILE DATE November 15,1994 12 TYPE OF ACTION New 13 KEY WORDS Methadone treatment programs, Opiate dependency treatment, Substance Abuse Treatment 2 0 PURPOSE To establish rules to annually license methadone treatment programs in King County 30 ORGANIZATIONS AFFECTED The Seattle -King County Department of Public Health - the Division of Alcoholism and Substance Abuse Services, and agencies certified by the State Division of Alcohol and Substance Abuse Services to provide outpatient chemical dependency treatment services 40 REFERENCES 41 King County Ordinance No 11184, An ordinance relating to substance abuse, increasing the number of licensed state certified methadone programs in King i County, amending Ordinance 7738, Sections 1 -6 and K C C 2 24 100, and Ordinance 7999 42 King County Code Chapter 2 98, Rules of County Agencies 43 WAC 440 -22, Certification Requirements for Chemical Dependency Treatment Service Providers 44 R C W 70 96A, 410 through 430 45 King County Code, Chapter 2 99, Fees Charged by County Agencies 1 Ftvm M9 t Division of Alcoholism and Substance Abuse Services LIC 8 -1 (PR) Effective Date 12/15/94 5 0 DEFINITIONS 5 1 "Methadone treatment program" means an outpatient clinic certified for methadone treatment by state and federal agencies and licensed by King County 52 "Agency" means a program certified by the State Division of Alcohol and Substance Abuse Services to provide outpatient chemical dependency treatment services 54 "Director" means the director of the Seattle -Icing County department of public health or the Director's designee 55 "Department" means the Seattle -King County Department of Public Health, the Division of Alcoholism and Substance Abuse Services 56 "License Fee" means a fee charged to a Methadone treatment program by the Seattle -King County Department of Public Health, the Division of Alcoholism and Substance Abuse Services for the service/purpose of carrying out and enforcing statutes, ordinances, or regulations 60 POLICIES 61 Licensed methadone treatment programs shall not have a caseload in excess of three hundred fifty clients 62 The annual fee for a methadone license is $2,500 63 The Director of the Seattle -King County Department of Public Health establishes the application requirements for agencies seeking licensing. 64 In order to obtain an annual license from King County an agency must be certified by the State Division of Alcohol and Substance Abuse Services to provide outpatient chemical dependency treatment services In addition, an agency shall 6 4 1 Submit to the department a copy of registration with the Washington State Board of Pharmacy 6 4 2 Submit to the department a copy of the application to the Federal Drug Enforcement Administration 2 Division of Alcoholism and Substance Abuse Services LIC 8 -1 (PR) Effective Date 12/15/94 643 Submit to the department a copy of the application to the Federal Food and Drug Administration 644 Complete all license application requirements established by the Director 645 Pay the annual license fee 65 In order for the department to renew an annual license of a methadone treatment program, the agency shall 65 1 Maintain certification from the State Division of Alcohol and Substance Abuse Services to provide outpatient chemical dependency treatment services 652 Substantially meet all opiate dependency treatment requirements specified in WAC 440-22 -500 653 Complete all license renewal requirements 654 Pay the annual license renewal fee 70 PROCEDURES R&e uest For New Methadone License for Agencies NOT providing methadone treatment services. Action By A 'on Agency 701 Submits to the department a copy of registration with the Washington State Board of Pharmacy 702 Submits to the department a copy of the application to the Federal Drug Enforcement Administration 703 Submits to the department a copy of the application to the Federal Food and Drug Administration 3 Division of Alcoholism and Substance Abuse Services LIC 8 -1 (PR) Effective Date 12/15/94 704 Completes all application requirements established by the Director 705 Pays the annual license fee of $2,500 Request For New Methadone License for Agencies not licensed to provide methadone treatment services Action B Action Agency 706 Submits to the department a copy of registration with the Washington State Board of Pharmacy 707 Submits to the department a copy of the application to the Federal Drug Enforcement Administration 708 Submits to the department a copy of the application to the Federal Food and Drug Administration 709 Completes all application requirements established by the Director 710 Pays the annual license fee of $2,500 . Rgquest For New Methadone License for Agencies currently licensed by King County to provide methadone treatment services Agency 711 Submit to the department a copy of registration with the Washington State Board of Pharmacy 712 Submit to the department a copy of the Federal Drug Enforcement Administration methadone license 713 Submit to the department a copy of the Federal 4 Division of Alcoholism and Substance Abuse Services LIC 8 -1 (PR) Effective Date 12/15/94 Food and Drug Administration methadone license 714 Complete all license application requirements established by the Director 7 15 Pay the annual license fee of $2,500 APPROVAL FOR NEW METHADONE LICENSES Department 716 Acknowledges receipt of the items referenced in 7 01 to 7 03, 7 06 to 7 08, and 7 11 to 7 13 717 Reviews application criteria 718 Collects annual license fee 719 Issues the County methadone license ANNUAL RENEWAL OF METHADONE LICENSE A Action Agency 719 Maintains certification from the State Division of Alcohol and Substance Abuse Services to provide outpatient chemical dependency treatment services 720 Meets all opiate dependency treatment requirements specified in WAC 440 -22 -500 721 Completes all license renewal requirements established by the Director 722 Pays the annual license renewal fee of $2,500 Department 723 Determines if an agency is certified by the State Division of Alcohol and Substance Abuse 5 Division of Alcoholism and Substance Abuse Services LIC 8 -1 (PR) Effective Date 12/15/94 Services to provide outpatient chemical dependency treatment services 724 Determines if an agency meets all opiate dependency treatment requirements specified in WAC 440 -22 -500 725 Establishes and reviews license renewal requirements 726 Collects the annual license fee 80 RESPONSIBILITIES 8 1 The agency is responsible for submitting to the department all forms required by this document, completing all license application requirements established by the Director, and payment of the annual license fee For renewal, the agency is responsible for maintaining certification from the State Division of Alcohol and Substance Abuse Services to provide outpatient chemical dependency treatment services, meeting all opiate dependency treatment requirements specified in WAC 440 -22 -500, completing all license renewal requirements established by the Director, and payment of the annual license fee 82 The department reviews the submitted forms or requirements and collects the annual license fee For renewal, the department determines if the agency maintains it's certification from the State Division of Alcohol and Substance Abuse Services, meets all opiate dependency treatment requirements specified in WAC 440 -22 -500, completes all license renewal requirements and collects the annual license fee 6 r� harnsonmedical org 360-744-3911 February 1, 2012 Councilman Greg Wheeler Bremerton City Council 3456 h Street Suite 600 Bremerton, WA 98337 Dear Councilman Wheeler This letter is intended to express Harrison's position regarding the location of a proposed methadone clinic zone in the county Harrison Medical Center fully supports the zoning for a methadone clinic in Kitsap County We believe that this service is necessary to meet the increasing demands of treatment in our area Harrison will support any ultimate zoning recommendations of the Council However, we believe that public access for the clinic patients is more beneficial than a location in proximity to a hospital As such, we respectfully suggest that the Council take the existing transportation infrastructure in the county into consideration when deliberating on this proposal We appreciate your willingness to tackle this difficult issue Sincerely, J I-� Scott W Bosch President & CEO BREMERTON SILVERDALE PORT ORCHARD BELFAIR 2520 Cherry Avenue 1800 Myhre Road 450 S Kitsap Boulevard 21 NE Romance Hill Road Bremerton WA 98310 Silverdale WA 98383 Port Orchard WA 98366 Belfair WA 98528 AGENDA BILL 0 CITY OF BREMERTON CITY COUNCIL � ee � eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee eeeeeeeeeee■ SUBJECT: Public Hearing regarding Study Session Date January 11, 2012 Ordinance No 5 179 adopting the COUNCIL MEETING Date February 1, 2012 proposal to modify the City's district Department IT /Financial Services boundaries from nine to seven Presenter Bill Eley /Becky Hasart Phone 473 - 5293/473 -5722 SUMMARY: Each decade, the US Government conducts a census of the nation's population Following the census, City district boundaries are changed to reflect the current population with a view to provide the public, as far as possible, with equal City Council representation Also, at the November 2011 election, the citizens of Bremerton approved a charter change reducing the City's distncts from nine to seven To formalize the new district boundaries and the reduction from nine to seven, the City must hold a public hearing on the proposed boundaries and then adopt the related ordinance The ordinance cannot be adopted for at least a week after the public hearing As such, tonight's action is to make a presentation illustrating the new boundaries and then hold the public he The ordinance will be presented to Council for formal adoption at the February 15, 2012 meeting The new district boundaries information /maps are available on the City's web site If the public has objections to the new boundaries, they do have a 45 day appeal process through Kitsap Superior Court ATTACHMENTS: Proposed Ordinance No 5179 FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR �--- MAYOR RECOMMENDED MOTION: Hold the public hearing to take testimony regarding the proposed new district boundaries STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. 5� AN ORDINANCE of the City Council of the City of Bremerton, Washington, adopting new City Council District boundaries for seven City Council Districts for the City of Bremerton based on the year 2010 census and repealing Ordinance No 5162 relating to City Council Districts WHEREAS, the Bremerton City Charter authorizes the City Council to change the boundaries of existing City Council Districts by ordinance, and WHEREAS, the 2010 census has necessitated the adjustment of City Council District boundaries to more equally balance population, and WHEREAS, the City Council passed Ordinance No 5162 on September 21, 2011 repealing Ordinance No 4812 relating to City Council Districts and further making an adjustment of the nine City Council District boundaries to more equally balance population based on the year 2010 census, and WHEREAS, during the November 2011 General Election, the voters of the City of Bremerton approved a charter amendment to the City of Bremerton Charter reducing the number of Council Members and Council Districts from nine to seven, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Ordinance No 5162 of the Bremerton City Council establishing City Council Districts is hereby repealed and new City Council Districts are established as legally described herein and as set forth in the maps attached as Exhibit "A" SECTION 2. Council District No 1 of the City of Bremerton shall include DISTRICT NO.1 That portion of Sections 2, 3 and 11, Township 24 North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington, located within the Bremerton City limits, lying northerly of the Port Washington Narrows, and lying westerly of the following described line Beginning at the centerline intersection of Warren Avenue (State Route 303) and the Port Washington Narrows, being the true point of beginning, thence generally northerly along the centerline of said Warren Avenue to the centerline intersection with Sheridan Road, thence continuing northerly along the centerline of Wheaton Way (State Route 303) to the intersection with Sylvan Way, thence westerly along said centerline of Sylvan Way to the centerline intersection with Gillette Avenue, thence northerly along the centerline of Gillette Avenue to the centerline intersection with Rasmussen Lane, thence easterly along the centerline of Rasmussen 1 Redistricting 2012 — Seven Council Districts Lane to the intersection with the west property line of Lot 74 of the plat of Valle -Hi Addition 2 as recorded in Volume 9 of the book of plats, Page 75, records of Kitsap County, Washington, thence southerly and easterly along the property line of said Lot 74 to the east line of said plat of Valle -Hi, also being the east line of the west half of the southeast quarter of said Section 2, thence northerly along said east line and extension thereof to the intersection of the Bremerton City limits, also being the terminus SECTION 3. Council District No 2 of the City of Bremerton shall include DISTRICT NO.2 That portion of Section 1, 2, 11, 12, and 13 Township 24 North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington, located within the Bremerton City limits, described as follows Beginning at the centerline intersection of Warren Avenue (State Route 303) and the Port Washington Narrows, being the true point of beginning, thence generally northerly along the centerline of said Warren Avenue to the centerline intersection with Sheridan Road, thence continuing northerly along the centerline of Wheaton Way (State Route 303) to the intersection with Sylvan Way, thence westerly along said centerline of Sylvan Way to the centerline intersection with Gillette Avenue, thence northerly along the centerline of Gillette Avenue to the centerline intersection with Rasmussen Lane, thence easterly along the centerline of Rasmussen Lane to the intersection with the west property line of Lot 74 of the plat of Valle -Hi Addition 2 as recorded in Volume 9 of the book of plats, Page 75, records of Kitsap County, Washington, thence southerly and easterly along the property line of said Lot 74 to the east line of said plat of Valle -Hi, also being the east line of the west half of the southeast quarter of said Section 2, thence northerly along said east line and extension thereof to the intersection of the Bremerton City limits, thence along the Bremerton City limits to the centerline intersection with Perry Avenue at Stone Way, thence southerly along the centerline of Perry Avenue to the centerline intersection with East 18 Street, thence westerly along the centerline of East 18 Street to the centerline intersection with Lower Wheaton Way, thence continuing westerly along the centerline of Lower Wheaton Way to the centerline intersection with Schley Canyon, thence southerly and westerly along the centerline of Schley Canyon and extension thereof to the centerline intersection with the Port Washington Narrows, thence generally northerly along the centerlme of Port Washington Narrows to the true point of beginning SECTION 4. Council District No 3 of the City of Bremerton shall include DISTRICT NO.3 That portion of Section 12, 13, 14, 23 and 24 Township 24 North, Range 1 East, and Section 7 and 18, Township 24 North, Range 2 East, Willamette Meridian, situate in Kitsap County, Washington, located within the Bremerton City limits, and lying easterly of the following described line 2 Redistricting 2012 — Seven Council Districts Beginning at the intersection of the centerline of Sinclair Inlet and extension thereof of the eastern boundary of the Puget Sound Naval Shipyard (PSNS) as depicted on Volume 65 of the book of surveys, Pages 160 through 164, records of Kitsap County, Washington, thence northwesterly along said eastern boundary to the centerline intersection with 1 st Street, thence westerly along the centerline of 1 St Street to the centerline intersection of Farragut Avenue, thence continuing westerly along the centerline of Farragut Avenue to the centerline intersection with State Avenue, thence northerly along the centerline of State Avenue to the intersection with Mahan Avenue, thence easterly along the centerline of Mahan Avenue to the centerline intersection with Chester Avenue, thence northerly along the centerline of Chester Avenue to the centerline intersection with 6 th Street, thence easterly along the centerline of 6 th Street to the centerline intersection with Warren Avenue, thence northerly along the centerline of Warren Avenue to the centerline intersection with Port Washington Narrows, thence southeasterly along the centerline of Port Washington Narrows to the centerline intersection with the centerline line of Schley Canyon and extension thereof, thence easterly and northerly along the centerline extension and centerlme of Schley Canyon to the centerline intersection with Lower Wheaton Way, thence easterly along the centerline of Lower Wheaton Way to the centerline intersection of East 18 Street, thence continuing easterly along the centerline if East 18 Street to the centerline intersection with Perry Avenue, thence northerly along the centerline of Perry Avenue to the intersection of the Bremerton City limits, also being the terminus SECTION S. Council District No 4 of the City of Bremerton shall include DISTRICT NO.4 That portion of Section 13, 14, 23, and 24, Township 24 North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington, located within the Bremerton City limits and lying southwesterly of the Port Washington Narrows waterway, described as follows Beginning at the intersection of the centerline of Sinclair Inlet and extension thereof of the eastern boundary of the Puget Sound Naval Shipyard (PSNS) as depicted on Volume 65 of the book of surveys, Pages 160 through 164, records of Kitsap County, Washington, also being the true point of beginning, thence northwesterly along said eastern boundary to the centerline intersection with 1 st Street, thence westerly along the centerline of 1 st Street to the centerline intersection of Farragut Avenue, thence continuing westerly along the centerline of Farragut Avenue to the centerline intersection with State Avenue, thence northerly along the centerline of State Avenue to the intersection with Mahan Avenue, thence easterly along the centerline of Mahan Avenue to the centerline intersection with Chester Avenue, thence northerly along the centerline of Chester Avenue to the centerline intersection with 6 th Street, thence easterly along the centerline of 6 th Street to the centerline intersection with Warren Avenue, thence northerly along the centerline of Warren Avenue to the centerline intersection with Port Washington Narrows, thence westerly along the centerline of Port Washington Narrows to the extension of the west line of the Supplemental Plat of Bay View Garden Tracts as recorded in Volume 5 of the book of plats, Page 19, thence southerly along said extension and west line of the Supplemental Plat of Bay View Garden Tracts to the intersection of the north margin of Marguerite Avenue, thence along said north margin to the intersection of the south line of the plat of Sea -Brim East as recorded in Volume 3 of condominium plats, Pages 125 through 129; 3 Redistricting 2012 — Seven Council Distracts thence along said south line of the plat and extension thereof westerly to the centerline intersection with Naval Avenue, thence southerly along the centerline of Naval Avenue to the centerline intersection with 15 Street, thence easterly along the centerline of 15 Street to the centerline intersection with said Marguerite Avenue, thence southerly along the centerline of Marguerite Avenue to the centerline intersection with 13 Street, thence easterly along the centerline of 13 Street to the centerline intersection with Hewitt Avenue, thence southerly along the centerline of Hewitt Avenue to the centerline intersection with 6 th Street, thence westerly along the centerline of 6 th Street to the centerline intersection with said Hewitt Avenue, thence southerly along the centerline of Hewitt Avenue and extension thereof to the centerline intersection with Mahan Avenue, thence easterly along the centerline of Mahan Avenue to the centerline intersection of Coghlan Road, thence generally southerly and westerly along Coghlan Road to the centerline intersection with Decatur Avenue, thence westerly along the centerline of Decatur Avenue to the centerline intersection with Dewey Street, thence south to the centerline intersection of Rodgers Avenue, Thence southeasterly along the centerline of Rodgers Avenue to the centerline intersection of "T" Street, thence south along the centerline of "T" Street and extension thereof to the intersection of the centerlme of Sinclair Inlet, thence generally easterly along centerline of Sinclair Inlet to the point of beginning SECTION 6. Council District No. 5 of the City of Bremerton shall include DISTRICT NO.5 That portion of Section 14, 15, 22, and 23, Township 24 North, Range 1 East, Willamette Meridian, situate in Krtsap County, Washington, located within the Bremerton City limits, and lying southerly and westerly of the following described line Beginning at the intersection of the Bremerton City limits and centerline of Dora Avenue, thence northerly on the centerline of Dora Avenue to the centerline intersection with 6 th Street, thence easterly on the centerline of 6 th Street to the centerline intersection with Adele Avenue, thence northerly on the centerline of Adele Avenue to the centerline intersection with 9 th Street, thence easterly on the centerline of 9 th Street to the centerline intersection with Wilbert Avenue, thence northerly on the centerline of Wilbert Avenue to the centerline intersection of 11 w Street, thence easterly on the centerline of 11 Street to the centerline intersection of Krtsap Way (State Route 310), thence southerly on the centerline of Krtsap Way to the centerline intersection of said 1 lth Street, thence easterly on the centerline of 11 Street to the centerline intersection with Hewitt Avenue, thence southerly along the centerline of Hewitt Avenue to the centerline intersection with 6 th Street, thence westerly along the centerline of 6 th Street to the centerline intersection of said Hewitt Avenue, thence southerly along said centerline of Hewitt Avenue and extension thereof to the centerline intersection with Mahan Avenue, thence easterly along the centerline of Mahan Avenue to the centerline intersection of Coghlan Road, thence generally southerly and westerly along Coghlan Road to the centerline intersection with Decatur Avenue, thence westerly along the centerline of Decatur Avenue to the centerline intersection with Dewey Street, thence south to the centerline intersection of Rodgers Avenue, Thence southeasterly along the centerline of Rodgers Avenue to the centerline intersection of "T" Street, thence south along the centerline of "T" Street and extension thereof to the intersection of the centerline of Sinclair Inlet and the terminus 4 Redistricting 2012 — Seven Council Districts SECTION 7. Council District No 6 of the City of Bremerton shall include DISTRICT NO.6 That portion of Section 4, 9, 10, 11, 14, 15, 16, and 22 Township 24 North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington, located within the Bremerton City limits, and lying southerly of the Port Washington Narrows and Dyes Inlet, and lying easterly of Ostrich and Oyster Bays, described as follows Beginning at the intersection of the west margin of Pershing Avenue and centerline of Oyster Bay, also being the true point of beginning, thence southerly along the said west margin to the centerline intersection with Kitsap Way (State Route 310), thence westerly along the centerline of Kitsap Way to the centerline intersection with Oyster Bay Avenue, thence southerly along the centerline of Oyster Bay Avenue to the intersection with the Bremerton City limits, thence generally northerly and easterly along the Bremerton City limits to the centerline intersection with Dora Avenue, thence northerly on the centerline of Dora Avenue to the centerline intersection with 6th Street, thence easterly on the centerline of 6 Street to the centerline intersection with Adele Avenue, thence northerly on the centerline of Adele Avenue to the centerline intersection with 9 0h Street, thence easterly on the centerline of 9 th Street to the centerline intersection with Wilbert Avenue, thence northerly on the centerline of Wilbert Avenue to the centerline intersection with 11 th Street, thence easterly on the centerline of 11 Street to the centerline intersection of Kitsap Way (State Route 310), thence southerly on the centerline of Kitsap Way to the centerline intersection of said 11 Street, thence easterly on the centerline of 11 th Street to the centerline intersection with Hewitt Avenue, thence northerly along the centerline of Hewitt Avenue to the centerline intersection with 13 Street, thence westerly along the centerline of 13 Street to the centerline intersection with Marguerite Avenue, thence northerly along the centerline of Marguerite Avenue to the centerline intersection of 15 Street, thence westerly along the centerline of 15 Street to the centerline intersection of Naval Avenue, thence northerly along the centerline of Naval Avenue to the intersection with the extension of the south line of the plat of Sea -Bnm East as recorded in Volume 3 of condominium plats, Pages 125 through 129, thence along said extension and south line of the said plat thereof easterly to the intersection of the north margin of Marguerite Avenue, thence northerly along said north margin to the intersection of the west line of the Supplemental Plat of Bay View Garden Tracts as recorded in Volume 5 of the book of plats, Page 19, thence northerly along said west line and extension thereof to the intersection of the centerline of Port Orchard Narrows, also being the terminus SECTION 8. Council District No 7 of the City of Bremerton shall include DISTRICT NO.7 That portion of Section 4, 5, 7, 8, 9, 15, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32 and 33, Township 24 North, Range 1 East, and Section 13, 14, 22, 23, 24, 25, 26, 27, 28, 34, 35 and 36, Township 24 North, Range 1 West, and Section 1, 2, 11, 12, 13, 14, 15, 22, 23 and 24 Township 23 North, Range 1 West, and Section 4 and 5, Township 23 North, Range 1 East, Willamette 5 Redistricting 2012 - Seven Council Districts Meridian, situate in Krtsap County, Washington, located within the Bremerton City limits, lying westerly of Ostrich and Oyster Bays, and lying westerly of the following described line Beginning at the intersection of the extension of the centerline of Forrest Avenue and centerline of Oyster Bay, also being the true point of beginning, thence southerly along the extension of and centerline of Forrest Avenue to the centerline intersection with Krtsap Way (State Route 310), thence westerly along the centerline of Krtsap Way to the centerline intersection with Oyster Bay Avenue, thence southerly along the centerline of Oyster Bay Avenue to the intersection with the Bremerton City limits, and the terminus SECTION 9. The City Clerk shall maintain an Official District Map setting forth Council Districts established by this ordinance as set forth in Exhibit "A" attached hereto and by reference incorporated herein, which illustrates the areas included in each City Council District by this ordinance SECTION 10. Pursuant to Section 7 of the Bremerton City Charter, no change in the boundaries of Council Districts as established by this ordinance shall affect the terms of any Council member, except as provided in Section 6(2) of the Bremerton City Charter relating to the reduction of Council Members and Council Districts from nine to seven in number as approved by the voters of the City of Bremerton during the November 2011 General Election Council members shall serve out their terms, as provided in Section 6(2) of the Bremerton City Charter, representing the district for which they were elected even though such change of district boundaries may result in more than one Council member residing in the same district SECTION 11. Severability If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 12 Effective Date This Ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the day of , 2012 JIM McDONALD, Council President APPROVED AS TO FORM ATTEST ROGER A LUBOVICH, City Attorney SHANNON CORIN, Interim City Clerk 6 Redistricting 2012 — Seven Council Districts PUBLISHED the day of , 2012 EFFECTIVE the day of , 2012 ORDINANCE NO. 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