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12/11/2013 AGENDA
4 { E f CITY COUNCIL 345 61h Street, Suite 600, Bremerton, WA 98337 Phone (360) 473 -5280 DECEMBER 11, 2013 CITY COUNCIL STUDY SESSION Beginning at 5:00 PM in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public but there will be no opportunities for input or participation; no action is anticipated during the Study Session; and the content of these items is subject to change. If approved by the City Council, the items will be placed on the December 18, 2013 Council Meeting Agenda (unless otherwise noted...) A. FULL PRESENTATIONS 1. Professional Services Agreement for Actuarial & Consulting Services with LBG Advisors, LLC 2. Parks Funding Update — Parks Director Wyn Birkenthal; Parks Commission Chair John Larson; and members of the Parks Commission (Information Only) B. NO PRESENTATION PLANNED — The following items are budgeted items or have already been reviewed by the appropriate Council Committee: 3. Purchase of Playground Equipment for the Evergreen Rotary Park "Inclusive Playground" 4. Reappointment of Shawntel Dinkuhn to the Planning Commission 5. Property Insurance Renewal for 2014 with Lexington Insurance Company 6. Purchase Agreement with Trebron Company, Inc. for Barracuda Backup Solution 7. Appointment of Allison Daniels to Senior Planner in Department of Community Development at a step higher than Rate 1 (Rate 5) in Pay Band 11 of the "2014 Management, Professional, Confidential, and Fiduciary Salary Plan" 8. Proposed public hearing on a resolution to approve an Amendment to the 2013 CDBG /HOME Action Plan; and a Waiver of the per -home Subsidy Cap for HOME Funds 9. Authorization to Charge -Off Uncollectable B &O Tax Debts 10. Resolution to authorize Year -End Interfund Loans 11. Ordinance to approve 2013 Budget Amendments 12. Interlocal Agreement with Kitsap County to continue West Sound Stormwater Outreach Group 13. Acceptance of Washington Department of Ecology Stormwater Capacity Grant for Planning and Design of Marine Drive Low Impact Development Stormwater Retrofit Project 14. Professional Service Agreement and Scope of Work with Parametrix, Inc. for Westside Wastewater Treatment Plant (WWTP) Biotower Improvements 15. Contract Award to Trenchless Construction Services LLC for Orange Drive Jack and Bore 16. Resolution to approve a Type C Right -of -Way Use Permit for the Burwell Pedestrian Tunnel 17. Professional Services Agreement Contract Modification No. 1 with Parametrix, Inc. for Consultant Services for the Washington Avenue Sewer Improvement Project 18. Contract Award to Pape & Sons Construction, Inc. for Washington Ave Sewer Improvements 19. Additional Rate Advancement for Milenka Hawkins - Bates, Administration Division Manager, Public Works & Utilities Department Continued on back... i DECEMBER 11, 2013 City Council Study Session Agenda Page 2 i C. BRIEFINGS 20. Proposed public hearing on an ordinance to adopt the Gorst Subarea Plan as part of the Comprehensive Plan; and amend Chapter 20.80 of the Bremerton Municipal Code (BMC) to relate to the Subarea Plan 21. Ordinance to amend Section 3.72.020 of the Bremerton Municipal Code (BMC) entitled "Persons Subject to Tax — Tax Rates" relating to the taxation of Punchboards and Pull Tabs 22. Results of the Annual City of Bremerton Audit by the Washington State Auditor's Office D. GENERAL COUNCIL BUSINESS • Audit Committee Briefing - Carol Arends, Chair (11/14/13 Meeting) • PW Committee Briefing - Adam Brockus, Chair (11/19/13 Special Meeting & 12110113 Meeting) • Finance Committee Briefing - Leslie Daugs, Vice -Chair (11126113 Meeting) • PSP Committee Briefing - Leslie Daugs, Chair (12/11/13 Meeting) • Other General Council Business (As necessary...) E. ADJOURNMENT OF STUDY SESSION ® Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473 -5323 by noon on the Monday preceding the Council meeting. 'PARKS- RECREA Horre I City Hail I Parks & Recreation I Parks C:crnmissian ] Mayor Parks & Recreation Commission City Attorney Bremerton Parks & Recreation Commission City Auditor The Bremerton Parks & Recreation Commission is a volunteer advisory board City Clerk established by ordinance. The Mayor appoints commissioners for three -year terms. City Council The Commission consults with and makes recommendations to the Director regarding Community the Parks & Recreation Department's policies for the planning, development and use of Development the City's park and recreation facilities and services. The Commission conducts public Financial Services hearings and meetings on a variety of issues affecting the Parks & Recreation Department. Fire Department 1 i Human Resources How to become a Parks & Recreation Commissioner Municipal Court If you wish to serve as a Parks & Recreation Commissioner, you can obtain an Parks & Recreation application from the Mayor's office. When a vacancy occurs, the Mayor and Parks & Recreation Director interview applicants. Subsequently, the Mayor submits the Activity Guide nomination to the City Council for appointment. Aquatic Center I Bremerton Bark Park Public Meetings City Parks The Bremerton Parks & Recreation Commission meets on the fourth Tuesday of the Facilities month at Sheridan Community Center, 680 Lebo, in the Conference Room, at 5:30PM. Forms & Applications The public is encouraged to attend all Commission meetings and is invited to comment Golf Courses on issues during public hearings at all regularly scheduled public meetings. Written Online Registration comments are welcome. Parks Commission Parks, Recreation & 2013 Schedule of Meetings: Open Space Plan (4th Tuesday of the Month, 5:30PM @ Sheridan Park Community Center) Playgrounds Program January 22 Senior Center February 26 Senior Games March 26 Special Events April 23 Sports May 28 (Reschedule to May 21) Volunteer Application June 25 Youth /Preschool July 23 Contact August 27 September 24 Police Department October 22 Public Works & November & December (TBD) Utilities City Maps /GIS Parks & Recreation Commission 2013 Members: Codes & Ordinances John Larson, Chair Elizabeth "Sunny" Wheeler, Vice Chair Construction Projects Robert Dollar Forms & Applications Richard Nerf Request for Colleen Smidt Bids /Proposals Christopher Warthen Transportation Benefit Patrick Watson District (TBD) Contacts & Comments Contact the Parks & Recreation Commission: Helpful Links Parks & Recreation Commission !I 680 Lebo Blvd. Community Bremerton, WA 98310 Ulu For Bremerton Parks & Recreation Commission Business, please call (360) 473 -5305 Visitin or email: parks @cii.bremerton.wa.us Around Town Parks & Recre De City Employment j Contacts & Comments Council /District Meetings Parks & Rec Registration Codes & Ordinances Forms & Applications 1 Rates & Fees f Online Payments i Permits & Enforcement Public Records & Info I Search { City of Bremerton 345 6th Street, Suite 600 Bremerton, WA 98337 Contact the City! E -mail the Webmaster i ► ' LR ERTt�I I � d co�mence j Visit Mtsap Peninsula The Natural Side of Puget Sound j 0 1 VisitKitsap.c+�m i Home City Hall I Community I Business I Visiting I Around Town I Departments Disclaimer U 2003 -2013 City of Bremerton - All Rights Reserved Washington State Auditor's Office Accountability Audit Report City of Bremerton Kitsap County Report Date November 25, 2013 Report No.1010825 Issue Date WASHINGTON December 9, 2013 TROY KELLEY �� M STATE AUDITOR t t Washington State Auditor Troy Kelley December 9, 2013 Council City of Bremerton Bremerton, Washington Report on Accountability We appreciate the opportunity to work In cooperation with your City to promote accountability, integrity and openness in government The State Auditor's Office takes seriously our role to advocate for government accountability and transparency and to promote positive change Please find attached our report on the City of Bremerton's accountability and compliance with state laws and regulations and its own policies and procedures Thank you for working with us to ensure the efficient and effective use of public resources Sincerely, TROY KELLEY STATE AUDITOR Insurance Building, P 0 Box 40021 •Olympia, Washington 98504.0021 a (380) 9020370 a Too Relay (800) 833$388 Table of Contents City of Bremerton Kitsap County November 25, 2013 Audit Summary Related Reports 2 Descnption of the City 3 Audit Summary City of Bremerton Kitsap County November 25, 2013 ABOUT THE AUDIT This report contains the results of our independent accountability audit of the City of Bremerton from January 1. 2012 through December 31, 2012 We evaluated internal controls and performed audit procedures on the activities of the City We also determined whether the City complied with state laws and regulations and its own policies and procedures In keeping with general auditing practices, we do not examine every transaction, activity or area Instead, the areas examined were those representing the highest risk of noncompliance, misappropriation or misuse The following areas were examined during this audit period • Open public meeting minutes • Cash receipting — Parks and • Contracts/agreements Recreation Department • Deferred loans • Third -party cash receipting vendors • Procurement (bidding and change • Hotline issues orders) • Kdsap Conference Center at • Payments/expenditures Bremerton Harborside RESULTS In most areas, the City complied with state laws and regulations and its own policies and procedures However, we noted certain matters that we communicated to City management We appreciate the City's commitment to resolving those matters Waahington state Auditors office I Related Reports City of Bremerton Kitsap County November 25, 2013 FINANCIAL Our opinion on the City's financial statements and compliance with federal grant program requirements is provided in a separate report, which includes the City's financial statements FEDERAL GRANT PROGRAMS We evaluated internal controls and tested compliance with the federal program requirements, as applicable, for the City's major federal programs, which are listed in the Federal Summary section of the financial statement and single audit report That report Includes federal findings regarding • The City did not have sufficient internal controls to ensure compliance with federal Davis -Bacon Act (prevailing wage) requirements for its Investments for Public Works and Economic Development grant for a second year • The Community Development Block Grant Program Administrator did not adequately monitor or collect on deferred loans Washington state Auditors office 2 Description of the City City of Bremerton Kitsap County November 25, 2013 ABOUT THE CITY The City of Bremerton serves more than 37,850 citizens in Kitsap County The City provides an array of services including water, sewer, police, Municipal Court, fire, emergency medical, street maintenance, parks and recreation, community service programs, planning and economic development It also operates its own golf course, conference center and cemetery An elected, nine - member Council and an independently elected Mayor govern the City The Council appoints management to oversee the City's daily operations as well as its approximately 325 employees For 2012, the City reported approximately $62 5 million in expenditures ELECTED OFFICIALS These officials served during the audit penod Mayor Patty Lent Council Adam Brockus Nick Wofford Eric Younger Carol Arends Faye Flemrster Greg Wheeler Leslie Daugs Jim McDonald Roy Runyon Note Wendy Priest replaced Roy Runyon in February 2013 WashVon State AuddWs Office 3 APPOINTED OFFICIALS City Attorney Roger Lubovich Director of Public Works Chal Martin Fire Chief Al Duke Police Chief Steven Strachan Director of Financial Services Becky Hasart Director of Community Development Andrea Spencer Director of Park and Recreation Wyn Birkenthal Human Resource Manager Charlotte Belmore City Engineer Tom Knuckey City Auditor Gary Nystul CITY CONTACT INFORMATION Address City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 -1873 Phone (360) 473 -5296 Website www ci bremerton wa us AUDIT HISTORY We audit the City every year In 2008 we reported a finding regarding cash receipting controls at the municipal golf course In 2009 we repeated this finding and issued a finding for approving change orders outside the scope of the original project All of these issues have been resolved Washington State Auditors Office 4 t ABOUT THE STATE AUDITOR'S OFFICE n The State Auditor's Office is established in the state's Constitution and is part of the executive branch of state government The State Auditor is elected by the citizens of Washington and serves four -year terms. We work with our audit clients and citizens as an advocate for government accountability As an elected agency, the State Auditor's Office has the independence necessary to objectively perform audits and investigations Our audits are designed to comply with professional standards as well as to satisfy the requirements of federal, state, and local laws. The State Auditors Office employees are located around the state to deliver services effectively and efficiently. Our audits look at financial Information and compliance with state, federal and local laws on the part of all local governments, Including schools, and all state agencies, including Institutions of higher education In addition, we conduct performance audits of state agencies and local governments and fraud, whistleblower and citizen hotline investigations The results of our work are widely distributed through a variety of reports, which are available on our Web site and through our free, electronic subscription service We take our role as partners in accountability senously We provide training and technical assistance to governments and have an extensive quality assurance program State Auditor Troy Kelley Chief of Staff Doug Cochran Director of Performance and State Audit Chuck Pfeil, CPA Director of Local Audit Kelly Collins, CPA Deputy Director of State Audit Tan M. 7utte, CPA, CGFM Deputy Director of Local Audit Sadie Armijo Deputy Director of Local Audit Mark Rapow, CPA Deputy Director of Quality Assurance Barb Hinton Deputy Director of Communications Thomas Shapley Local Government Liaison Mike Murphy Public Records Officer Mary Lelder Main number (360) 902 -0370 Toil -free Chhan Hotline (866) 902 -3900 Website www.sao.wa.gov Subscription Service www.soo.wa.gov /EN /News /Subscnptions ______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 Phone (360) 473-5280 DECEMBER 11, 2013 CITY COUNCIL STUDY SESSION 5:00 PM in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public but there will be no opportunities for input or participation; no action is anticipated during the Study Session; and the content of these items is subject to change. If approved by Council, the items will be placed on the December 18, 2013 Council Meeting Agenda: A. FULL PRESENTATIONS 1. Professional Services Agreement for Actuarial & Consulting Services with LBG Advisors, LLC 2. Parks Funding Update - Parks Director Wyn Birkenthal; Parks Commission Chair John Larson; and members of the Parks Commission (Information Only...) B. NO PRESENTATION PLANNED - The following items are budgeted items or have been reviewed by the appropriate Council Committee: 3. Purchase of Playground Equipment for the Evergreen Rotary Park "Inclusive Playground" 4. Reappointment of Sawntel Dinkuhn to the Planning Commission 5. Property Insurance Renewal for 2014 with Lexington Insurance Company 6. Purchase Agreement with Trebron Company, Inc. for Barracuda Backup Solution 7. Appointment of Allison Daniels to Senior Planner in Community Development at a step higher than Rate 1 (Rate 5) in Pay Band 11 of the "Management, Professional, Confidential & Fiduciary Salary Plan" 8. Proposed public hearing and passage of resolution approving an Amendment to the 2013 CDBG/HOME Action Plan; and a Waiver of the per-home Subsidy Cap for HOME funds 9. Authorization to Charge-Off Uncollectable B&O Tax Debts 10. Resolution to authorize Year-End Interfund Loans 11. Ordinance to approve 2013 Budget Amendments 12. Interlocal Agreement with Kitsap County to continue the West Sound Stormwater Outreach Group 13. Acceptance of Washington Department of Ecology Stormwater Capacity Grant for Planning and Design of Marine Drive Low Impact Development Stormwater Retrofit Project 14. Professional Service Agreement and Scope of Work with Parametrix, Inc. for Westside Wastewater Treatment Plant (WWTP) Biotower Improvements 15. Contract award to Trenchless Construction Services LLC for Orange Drive Jack and Bore 16. Resolution to approve a Type C Right-of-Way Use Permit for the Burwell Pedestrian Tunnel 17. Professional Services Agreement Contract Modification No. 1 with Parametrix, Inc. for Consultant Services for the Washington Avenue Sewer Improvement Project 18. Contract Award to Pape & Sons Construction, Inc. for Washington Avenue Sewer Improvements 19. Additional Rate Advancement for Milenka Hawkins-Bates, Administration Division Manager, Public Works & Utilities Department C. BRIEFINGS 20. Proposed public hearing on an ordinance to adopt the Gorst Subarea Plan as part of the Comprehensive Plan; and amend Chapter 20.80 of the Bremerton Municipal Code (BMC) to relate to the Subarea Plan 21. Ordinance to amend Section 3.72.020 of the Bremerton Municipal Code (BMC) entitled "Persons Subject to Tax - Tax Rates" relating to the taxation of Punchboards and Pull Tabs 22. Results of the Annual City of Bremerton Audit by the State Auditor's Office D. GENERAL COUNCIL BUSINESS o Audit Committee Briefing - Carol Arends, Chair (11/14/13 Meeting) o PW Committee Briefing - Adam Brockus, Chair (11/19/13 Special Meeting & 12/10/13 Meeting) o Finance Committee Briefing - Leslie Daugs, Vice-Chair (11/26/13 Meeting) o PSP Committee Briefing - Leslie Daugs, Chair (12/11/13 Meeting) o Other General Council Business (As necessary…) E. ADJOURNMENT OF STUDY SESSION Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Clerk’s Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of Playground Equipment for the Evergreen Rotary Park “Inclusive Playground” Study Session Date: December 11, 2013 COUNCIL MEETING Date: December 18, 2013 Department: Parks Presenter: W. Birkenthal, C. Berna Phone: 473-5752 SUMMARY: The play equipment/safety surfacing selected for the Evergreen Rotary Park Inclusive Playground has been bid through the Oregon Cooperative Procurement Program utilizing the Washington State Master Contracts Usage Agreement (MCUA). The MCUA is a Washington State agreement with public entities that leverages purchasing to obtain volume discounts. Bremerton is a member of MCUA and therefore can make purchases through the Oregon Cooperative Procurement Program. The successful bidder is Landscape Structures Inc. in the amount of $267,547.77 including Washington State sales tax and shipping. The bid price is 7.5% below the manufacturer’s 2013 list price for the play equipment components. This equipment has been selected with assistance from the Bremerton Beyond Accessible Playground group and recommended by the Parks and Recreation Commission. This project will create Bremerton and Kitsap County’s first fully accessible playground. ATTACHMENTS: A Playground Rendering B Itemized Bid from Landscape Structures Inc. C ORCPP Oregon State Agreement with Landscape Structures Inc. D Washington State Master Contracts Usage Agreement (MCUA) Fiscal Impact: The Evergreen Rotary Park Inclusive Playground project is budgeted in the 2013 Parks Department Capital Budget. The equipment cost is funded through volunteer fundraising and multiple grants. The M and O impacts are anticipated at $1,000 per year. This playground has more components than the typical Bremerton play area, however the experience of Key Peninsula Park District and others indicate repair frequency is no higher than a typical playground of similar size. STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: I move to authorize the Mayor to award bid of Evergreen Rotary Park Inclusive Playground Equipment to Landscape Structures through the Master Contracts Usage Agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 Attachment A Ghosted items not included in this purchase. Evergreen Park Quote #1310-5044-12R TO: APPROVAL SIGNATURE Bremerton Parks & Recreation attention: Colette Berna ______________________________________ 680 Lebo Boulevard signature Bremerton, WA 98310 T: 360.473.5429 ______________________________________ colette.berna@ci.bremerton.wa.us print name Date:______________________________________ date Please issue Purchase Order to Landscape Structures, Inc Quantity Model Number & Description Unit Price Total 1 lot 138,029.00$ 138,029.00$ 1 each 4,345.00$ 4,345.00$ 1 set 4,578.00$ 4,578.00$ 8004 sq ft 11.55$ 92,446.20$ 8004 sq ft 2.35$ 18,809.40$ -$ 1 ea (2,495.00)$ (2,495.00)$ ORDERING INSTRUCTIONS Issue Purchase Order to Landscape Structures Inc Sub Total 255,712.60$ Send Purchase Order to PlayCreation, Inc. for processing OS Contract (19,151.86)$ Orders subject to Landscape Structures Terms & Conditions Freight 9,800.00$ Pricing on this Quote expires on December 20, 2013 Tax @ 8.6%21,187.02$ Landscape Structures terms, conditions and warranty TOTAL 267,547.77$ Issue Purchase Order to: Send Order (for processing) to: Landscape Structures, Inc. PlayCreation 601 - 7th Street South 2104 SW 152nd Street, suite 4 Delano, MN 55328-0198 Burien, WA 98166 763.972.3391 206.932.6366 / 206.932.5778 fax Your Representative John Larson 206.940.1108 Kiwanis 'Flywheel' Discount [ phase 1 ] #173592 Oodle Swing by Landscape Structures [ phase 1 ] 3-Bay Single Post Swings with 2 Slash-Proof Belt seats, 2 Full Bucket seats, 2 Molded Bucket seats [ phase 1 ] #54359-1-12 PlayBooster/Evos systems, Composite Structure including Wobble Pods & Cycler ForeverLawn Playground Grass Ultra , 2-1/8" safety pad for a 8ft CFH, includes freight Installation of Playground Grass by factory trained and experienced installers, includeds Prevailing Wages November 18, 2013 Phase 1 Lead Time ships within 4 to 6 weeks U.S.A. Manufacturer Landscape Structures Attachment B Award Summary Price Agreement Public Playground Equipment and Surface Materials Supplier Address Landscape Structures 601 7th Street S Delano, Minnesota 55328-8605 Contact:Elaine Harkess Phone:1 (763) 972-5214 Fax:1 (763) 972-3185 Email:elaineharkess@playlsi.com Contract # 9788 Opportunity # 102-1576-09 Contract Start Date 03/03/2010 Expiration Date 12/31/2010 Supplier Number 44144 All dates are mm/dd/yyyy Contract Administrator State Procurement Office 1225 Ferry Street SE, U140 Salem, Oregon 97301-4285 Contact:Denna Coleman Phone:1 (503) 378-5383 Fax:1 (503) 373-1626 Email:denna.coleman@das.state.or.us Receiving Address See purchase order Header Comments This is one of several price agreements that have been executed for the purchase of Public Playground Equipment and Surface Materials. Authorized Purchasers will use the selection process as outlined in Attachment A - Best Value Analysis to determine which equipment best meets their needs. See "Attachments Exist" for a complete listing of all Manufacturers under Price Agreement and their associated Certified Authorized Representatives. Control # 1177434 To: Elaine Harkess, Contract Administrator Landscape Structures, Inc. 601 7th Street S Delano, MN 55328 E-mail: elaineharkess@playlsi.com Phone: 763-972-3391 Fax: 763-972-3185 Department of Administrative Services State Services Division STATE PROCUREMENT OFFICE 1225 Ferry Street SE U140 Salem, Oregon 97301-4285 Phone (503) 378-5383 FAX (503) 373-1626 From: Denna M. Coleman State Procurement Analyst 1225 Ferry Street SE, U 140 Salem, OR 97301-4285 Phone: 503-378-5383 Fax: 503-373-1626 Re: Facsimile / Email Signature Certification Pages: for PA 9788; Public Playground Equipment and Surface Materials -Landscape Structures, Inc. lID For Signature 0 For Review o Please Comment o Please Reply o Urgent • Comments: Please obtain signature for the attached document (Section 10) along with the facsimilelemail signature certification statement below. Once signed, please mail back the entire package to the address provided above. Please feel free to contact me, if you should have any questions. Thanks, Denna ********************************************************************************************************************** FACSIMILE I EMAIL SIGNATURE CERTIFICATION I, elM~.e) UayK:t 5? , received a complete copy of the above referenced Price Agreement 9788 between the State of Oregon acting by and through its Department of Administrative Services ("SPO") and Landscape Structures, Inc. bye-mail on February 11, 2010. I have signed the printed form of the above referenced electronically transmitted document without change. A copy of the documenfs sjgnature page containing my signature is included with this ~imile or rail tra~ission~ Signature: ~~ Date: :t/I'J-/)Plb ********************************************************************************************************************** EXHIBIT A --PRICE AGREEMENT PRICE AGREEMENT #9788 BY AND BETWEEN THE STATE OF OREGON, ACTING BY AND THROUGH ITS DEPARTMENT OF ADMINISTRATIVE SERVICES ("SPO") AND LANDSCAPE STRUCTURES, INC. ("CONTRACTOR") TABLE OF CONTENTS SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTION 8 SECTION 9 SECTION 10 SECTION 11 DEFINITIONS PRICE AGREEMENT TERMS AND CONDITIONS STANDARD CONTRACT TERMS AND CONDITIONS SPECIAL CONTRACT TERMS AND CONDITIONS INSURANCE REQUIREMENTS SPECIFICATIONS PRICING CERTIFICATION OF COMPLIANCE WITH NONDISCRIMINATION LAWS CERTIFICATION OF COMPLIANCE WITH TAX LAWS CONTRACTOR'S SIGNATURE PAGE AWARD AND STATE SIGNATURE PAGE ATTACHMENT A ATTACHMENT B ATTACHMENT C ATTACHMENT D ATTACHMENT E ATTACHMENT F ATTACHMENT G ATTACHMENT H ATTACHMENT I BEST VALUE ANALYSIS MANUFACTURER'S WARRANTY CERTIFIED AUTHORIZED REPRESENTATIVE OF MANUFACTURER ADDITIONAL CONTRACTOR INFORMATION SAMPLE PRICING AND WARRANTY INFORMATION OF TYPICAL CATALOG ITEMS SERVICE REPRESENT ATIVE/REPAIR FACILITIES TRADE-IN POLICY PRODUCT INFORMATION CATALOG AND PRICE LIST This Price Agreement is between the State of Oregon, acting by and through its Department of Administrative Services ("SPO") and the undersigned manufacturer of the Goods covered by this Price Agreement ("Contractor"). A. SPO issued ITB #102-1576-09 seeking offers from qualified and responsible vendors to provide to Authorized Purchasers the Goods described in Sections 6 & 7 of this Price Agreement. B. Contractor submitted an Offer in response to the ITB offering to provide to Authorized Purchasers the Goods described in Section 6 at the prices set forth in Section 7 according to the terms and conditions of this Price Agreement C. SPO has awarded Contractor a Price Agreement for the Goods as set forth in Section 11. AGREEMENT In consideration of the foregoing recitals and subject to the covenants, terms and conditions set forth below the parties agree as follows: 1.0 DEFINITIONS: 1.1 "Authorized Agency" means those State Agencies that are subject to the procurement authority of the Director of the Department pursuant to ORS 279A.050 and 279A.140 and with delegated authority pursuant to OAR 125-246-0170. This term also includes the Oregon Department of Administrative Services (the "Department") when the Department is engaged in Public Contracting (as defined under OAR 279A.(1 }(01 O)(aa}. ITS #9788 Page 2 of43 1.2 "Authorized Purchaser" means the State of Oregon, acting by and through SPO, and Authorized Agencies submitting Purchase Orders pursuant to SPO purchasing authority and direction and Independent Agencies submitting Purchase Orders pursuant to independent purchasing authority. It may also include ORCPP Participants and State of Washington Participants with appropriate purchasing authority under their applicable statutes, rules, regulations or ordinances that submit Purchase Orders to Contractor. 1.3 "Contract" means the entire agreement between the Contractor and the Authorized Purchaser, comprised of this Price Agreement, including any Addenda and Amendments and a signed Purchase Order. 1.4 "Goods" means the individual items and related Services, if any, described in Sections 6 & 7. 1.5 "F.O.B." means has the meaning found in ORS 72.3190. 1.6 Independent Agency" means those State Agencies with independent procurement authority pursuant to ORS 279A. 050, 279A.170 and other provisions of applicable State law. 1.7 "ORCPP" means the Oregon Cooperative Purchasing Program, whose Participants include but are not limited to: State Agencies not subject to SPO purchasing authority, cities, counties, school districts, special districts, Qualified Rehabilitation Facilities (QRFs), residential programs under contract with the Oregon Department of Human Services, United States governmental agencies, and American Indian tribes or agencies. 1.8 "Participants" means members of ORCPP and State of Washington. 1.9 "Price Agreement" means this agreement between the Contractor and SPO under which the Contractor agrees to hold prices, terms and conditions firm for a specified period of time for the benefit of Authorized Purchasers. 1.10 "Purchase Order" means the purchase document in proper form as described in section 2.6.4 that is submitted by an Authorized Purchaser to Contractor which together with this Price Agreement creates a Contract between Contractor and Authorized Purchasers for the purchase of the Goods described in the Purchase Order. 1.11 "Purchasing Performance Report(s)" means the report substantially in the form attached hereto as Exhibit S. 1.12 "Services" means the services, if any, described in Sections 6 and 7 to be performed by Contractor under the Contract that are incidental to the purchase of Goods. 1.13 "Specifications" means the specific attributes of the Goods to be purchased or Services to be provided, if any. 1.14 "SPO" means the State of Oregon acting by and through its Department of Administrative Services -State Procurement Office. 1.15 "Standard" means everything related to the Goods that the manufacturer or Contractor offers to the general public during the applicable model year. 1.16 "State" means the State of Oregon. 1.17 "State Agency" or "State Agencies" means boards, commissions, departments, or agencies of the State of Oregon, whose costs are paid, in wh~le or in part from funds held in the State Treasury. 1.18 "UCC" means the Uniform Commercial Code, ORS chapters 71 and 72, as applicable and as amended from time to time. 2.0 PRICE AGREEMENT TERMS AND CONDITIONS 2.1 PRICE DECREASE: The Authorized Purchaser shall be given the immediate benefit of any price decrease. Contractor shall promptly notify SPO of the amount and effective date of each decrease. This decrease shall apply to orders placed on or after the effective date of the decrease. Invoices shall reflect prices in effect on the date the Authorized Purchaser's Purchase Order document was written. ITB #9788 Page 3 of43 2.1.1 Should such decreased prices again increase during the term of the Contract, including extensions, the SPO shall honor the increase if acceptable documentation verifying the increase is submitted to SPO. SPO shall determine what constitutes acceptable documentation. 2.1.2 PRICE INCREASE: After the initial Price Agreement term, but in no event before December 31,2010, Contractor may seek and DAS SPO may, in its sole discretion, accept a unit price increase reflecting increased operating and raw material costs ("Production Costs") for an Extension Term by submitting a written request to DAS/SPO, including all appropriate price documentation, within the period specified in the Renewal Notice. If approved, the unit price increase shall be firm for the duration of the Extension Term. Provided, however, no more than one unit price increase shall be allowed during any twelve-month period regardless of the number of Extension Terms entered into during that time. Production Cost increases are limited to increases in published price list. 2.2 FIXED TERMS, CONDITIONS AND PRICES: A Price Agreement constitutes a firm offer by the Contractor regardless of whether any order or purchase has been made or any performance has been tendered under the Price Agreement. A Price Agreement is enforceable for the period stated in the Price Agreement and, notwithstanding ORS 72.2050, obligations there under are not revocable by the Contractor ORS 279B.140. 2.3 TERM OF PRICE AGREEMENT: The initial Price Agreement Term shall begin on the date that SPO signs the Price Agreement and all necessary approvals have been obtained and shall expire on December 31, 2010. SPO may extend the term of the Price Agreement ("Extension Term") for additional periods not to exceed a cumulative total of eight (8) years, unless terminated earlier in accordance with the termination provisions set forth herein. 2.4 EXTENSIONS: SPO shall notify Contractor in writing if the SPO intends to extend the Price Agreement ("Renewal Notice") at least thirty (30) days prior to the expiration of the then current term. If Contractor consents to the extension, it shall sign and return the Renewal Notice to SPO within the time period specified therein. If the Contractor does not consent, the Price Agreement shall expire according to its terms, unless earlier terminated. 2.5 TWO MONTH EXTENSION OPTION: Notwithstanding the foregoing, the SPO reserves the right in its sole discretion to extend the Price Agreement for a maximum of two (2) calendar month beyond the end of any term. SPO shall notify Contractor in writing of the one-month extension prior to the expiration of the then current term. Consecutive two-month extensions obtained under this Section are not allowed. 2.6 TERMINATION: 2.6.1 SPO and Contractor may terminate the Price Agreement at anytime by mutual written consent. 2.6.2 SPO may, at its sole discretion, terminate the Price Agreement upon 30 days written notice to Contractor, for any or no reason, including the reasons set forth in ORS 279B.140. 2.6.3 SPO may terminate the Price Agreement if Contractor is in default under any Contract. 2.6.4 PURCHASE ORDERS: Contractor shall only accept Purchase Orders that: 2.6.4(a) contain the mandatory purchase order language set forth in Section 2.6.6, below, except that for Authorized Agencies, Contractor shall only accept purchase orders that comply with Section 2.6.5, below; 2.6.4(b) specify the quantity of Goods ordered; 2.6.4(c) specify a delivery schedule, if any; 2.6.4(d) specify delivery location; 2.6.4(e) specify invoicing address; and 2.6.4(f) specify Authorized Purchaser'S authorized representative. 2.6.4(g) Contractor shall only accept Purchase Orders that do not vary, amend, modify, or add Contract provisions other than changes to the Authorized Purchaser's authorized representative, identification of Goods and order quantities, optional Services, equipment and accessories offered under the terms of the Price Agreement, delivery schedules in accordance with the terms of the Price Agreement, delivery destination and invoicing address. Each such Purchase ITB#9788 Page 4 of43 Order Contractor accepts shall create a separate Contract between the parties, enforceable in accordance with the terms thereof and independent of all other such Contracts. 2.6.5 STATE AGENCIES: Authorized Agencies shall use the SPO-approved Purchase Order forms to order Goods under the Price Agreement unless otherwise authorized by SPO. Such Purchase Order forms shall reference the Price Agreement by the Price Agreement number and include the ITB number, and Bid item number(s) of the Goods ordered. 2.6.6 MANDATORY PURCHASE ORDER LANGUAGE: THIS PURCHASE IS SUBMITTED PURSUANT TO STATE OF OREGON SOLICITATION #102-1576-09 AND PRICE AGREEMENT #9788. THE PRICE AGREEMENT INCLUDING CONTRACT TERMS AND CONDITIONS AND SPECIAL CONTRACT TERMS AND CONDITIONS (T'S & C'S) CONTAINED IN THE PRICE AGREEMENT ARE HEREBY INCORPORATED BY REFERENCE AND SHALL APPLY TO THIS PURCHASE AND SHALL TAKE PRECEDENCE OVER ALL OTHER CONFLICTING T'S AND C'S, EXPRESS OR IMPLIED. 2.6.6.1 Notwithstanding any other provision of this Price Agreement, in the event that an Authorized Purchaser uses a credit card to pay for an order, an Authorized Purchaser generated Purchase Order is not a necessary document to the transaction. In lieu of a Purchase Order document, a Contractor order acknowledgement document will become a part of the Contract. However, in no event will an order acknowledgement, web order page or other Contractor generated document used to acknowledge the order such modify or provide additional terms and conditions of this Contract. Such order acknowledgement document shall be for the sole purpose of acknowledging the order and payment and are not part of this Price Agreement or any resulting Contract. 2.6.6.2 In the event a court of competent jurisdiction determines that a Purchase Order constitutes an offer rather than an acceptance, then acceptance by Contractor shall be limited to the terms and conditions of the Contract as set forth in this Price Agreement. 2.7 WASHINGTON TAXES: State of Washington Participants who enter into a Contract shall be responsible for paying all sales, use and other taxes, fees, and charges imposed by the State of Washington on the transaction. 2.8 SALES TO UNAUTHORIZED PURCHASERS: It is the Contractor's responsibility to verify Authorized Purchasers' authority to contract pursuant to the Price Agreement. If Contractor is found to have entered into two or more Contracts with an entity other than an Authorized Purchaser, Contractor will be deemed to be in material breach of the Price Agreement. 2.9 VERIFICATION OF PARTICIPANT AUTHORITY: 2.9.1 ORCPP: ORCPP Participants can be verified (A) on the SPO website by accessing Internet Address: http://www.oregon.govIDAS/SSD/SPO/coop-menu.shtml; or. (B) Procurement Centers (located throughout Oregon). Call (503) 378-2497 for information or to view list of centers identified on SPO Web page. 2.9.2 State of Washington Participants: State of Washington Participants can be verified (A) by accessing Internet Address: http://www.ga.wa.gov/purchase/3co-op.htm; or (B) by calling (360) 902-7415. 2.10 VOLUME SALES REPORTS: 2.10.1 CONTENT: Contractor shall furnish to SPO quarterly reports of sales made under the Price Agreement. The reports shall identify the ITB and Price Agreement number(s), and shall provide information in the following specific categories: 2.10.1(a) Bid item number. 2.10.1(b) Customer name of Authorized Purchaser, if applicable. 2.10.1(c) Purchase Order number. 2.10.1(d) Date ordered. 2.10.1(e) Quantity of each Bid item ordered. 2.10.1 (f) Unit purchase price and extended total for each Bid item ordered. 2.10.2 COMPLIANCE AUDITS: SPO shall monitor Contractor for compliance through Price Agreement volume sales reports required throughout the term of the Price Agreement. SPO reserves the right to audit Contractor's Price Agreement and Contract files. ITB#9788 Page 5 of43 2.10.3 REPORTING DATES: Volume sales reports are due by the 15th day following the end of each calendar quarter during the term of the Price Agreement. Calendar quarters end March 31, June 30, September 30 and December 31. SPO RESERVES THE RIGHT TO TERMINATE THE PRICE AGREEMENT IF CONTRACTOR DOES NOT SUBMIT SALES REPORTS AS SCHEDULED. 2.10.4 ALL REPORT COPIES: Contractors shall supply reports in a format approved by both parties. Reports on 3.5 inch diskette are preferred, however, hard copy reports are acceptable. The following format examples are preferred for sales information reports. 2.10.4(a) Excel Spreadsheet 2.10.4(b) Lotus Spreadsheet 2.10.4(c) Quattro Spreadsheet 2.10.4(d) MS Word All other report formats must be approved and agreed upon by Contract Administrator and Contractor before submission of the first report 2.11 ADMINISTRATIVE FEES AND VOLUME SALES REPORTS: 2.11.1 ADMINISTRATIVE FEES/PAYMENT: Within fifteen (15) calendar days after the end of each quarter during the term of this Price Agreement, Contractor shall pay to State of Oregon, Department of Administrative Services (DAS) State Procurement Office (SPO), Vendor Collected Administrative Fee (VCAF), in an amount equal to One Percent (1%) of Contractor's total sales made to Authorized Agencies, Independent Agencies and ORCPP Participants. CONTRACTORS MAY NOT REFLECT THE VCAF FEE AS A SEPARATE LINE ITEM CHARGE TO AUTHORIZED PURCHASERS. CONTRACTOR'S BID PRICES SHALL REFLECT ALL CONTRACTOR'S CHARGES TO AUTHORIZED PURCHASERS. For the purposes of this Price Agreement, quarters end March 31, June 30, September 30, and December 31. SPO will invoice Contractor for the VCAF a State generated invoice from the volume sales report generated by the Contractor. Contractor is responsible for timely reporting and payment, regardless of entity that actually reports or makes VCAF payment to SPO. 2.11.2 ACCOUNTING AND REQUIRED REPORTS: Contractor shall submit a Volume Sales Report no later than fifteen calendar days from the end of each calendar quarter, which contains: (i) complete and accurate details of the Net Receipts for the relevant quarterly period; (ii) Contractor's corresponding calculation of the VCAF due to SPO and OSP for that period; and (iii) such other information as SPO may reasonably request. Contractor shall send a Volume Sales Report each quarter, whether or not there are reportable sales or VCAF due to SPO. 2.11.3 VOLUME SALES REPORT (VSR) INFORMATION: Contractor shall provide the following information on the VSR: 2.11.3(a) ITB item number, 2.11.3(b) Reserved, 2.11.3(c) Customer name. Separately identify Authorized AgenCies, Independent AgenCies, ORCPP and State of Washington Participant. List each state Participant separately, 2.11.3(d) Purchase Order number, 2.11.3(e) Date ordered, 2.11.3(f) Quantity ordered (Price List Items), 2.11.3(g) Unit price and extended total, 2.11.3(h) Total Dollar Amount for ending Quarter. 2.11.4 VOLUME SALES REPORT FORMAT: Contractor shall provide Report(s) in a format approved by SPO. Reports on 3.5 inch diskette or bye-mail are preferred; however, hard copy reports are acceptable. The following format examples are preferred for VSR: 2.11.4(a) Excel Spreadsheet 2.11.4(b) Lotus Spreadsheet 2.11.4(c) All other report formats must be approved by the SPO Contract Administrator and prior to submission of the first report. ITB #9788 Page 6 of43 2.11.5 REPORT RECEIPT/ACCEPTANCE: The SPO's receipt or acceptance of any of the reports furnished pursuant to this Price Agreement, or any sums paid hereunder, shall not preclude SPO from challenging the validity thereof at any time. . 2.11.6 SPO RESERVES THE RIGHT TO TERMINATE THIS PRICE AGREEMENT IF VOLUME SALES REPORTS ARE NOT RECEIVED AS SCHEDULED. 2.11.7 PAYMENT OF VCAF: Upon receipt of the invoice from SPO and OSP, Contractor shall remit payment to SPO and OSP for the amount indicated on the invoice. Contract shall contact the Contract Administrator as identified in the Price Agreement if no invoice in received within thirty (30) days after sending the VSR to SPO. Failure to submit VSR does not release Contractor from requirement to timely remit required VCAF. 2.11.7.1 The fee shall be in the form of a check remitted to: FOR AUTHORIZED AGENCIES, INDEPENDENT AGENCIES AND ORCPP PARTICIPANTS PURCHASES State of Oregon Department of Administrative Services/PFSS Attn: State Procurement Office 1225 Ferry Street SE, U140 Salem, Oregon 97301-4285 2.11.8 INTEREST: Any payments Contractor makes or causes to be made to SPO after the due date as indicated on invoice, shall accrue interest at a rate of 18% per annum or the maximum rate permitted by law, whichever is less, until such overdue amount shall have been paid in full. SPO's right to interest on late payments shall not preclude SPO from exercising any of its other rights or remedies pursuant to this Price Agreement or otherwise with regards to Contractor's failure to make timely remittances. 2.11.9 AUDIT: SPO, as its own expense (except as provided herein), shall have the right during regular business hours, at Contractor's premises, and upon reasonable notice, by itself or by a person authorized by it, to audit Contractor's Records and other pertinent data, to determine and verify the figures reported in any Administrative Reports furnished by Contractor. In the event that any such audit reveals underpayment of Administrative Fees, Contractor shall forthwith pay the amount of deficiency, together with interest thereon at the rate provided in Section 2.10.8. At SPO'S request, Contractor shall pay the reasonable cost of an audit, but only if such audit reveals that an underpayment may exist as determined by SPO. 3.0 STANDARD CONTRACT TERMS AND CONDITIONS: 3.1 ORDER OF PRECEDENCE: The printed terms and conditions set out in this Section 3 are the Standard Terms and Conditions for State of Oregon contracts for Goods, including Contracts under this Price Agreement. SPO may also provide Special Contract Terms and Conditions in Section 4, which apply only to Contracts (referred to in this section as the or this "Contract"). Whenever possible, all terms and conditions of this Price Agreement are to be harmonized. In the event of a conflict between the Standard and Special Contract Terms and Conditions, the Special Contract Terms and Conditions take precedence, unless the Standard term in question is required by law. Section 3.2 PAYMENT: Contractor shall look solely to Authorized Purchaser for payment of all amounts that may be due under the Contract. AUTHORIZED PURCHASER IS SOLELY RESPONSIBLE FOR PAYMENT UNDER THE CONTRACT. 3.3 RESERVED 3.4 PAYMENT ADDRESS: Payment shall be sent to Contractor at the address specified in the invoice. 3.5 INVOICES: Contractor shall invoice Authorized Purchaser only after delivery of all Goods ordered. Invoices shall be sent to the Delivery Destination specified in Section 4, or to a different address as may be provided by Authorized Purchaser. 3.5.1 Contractor shall include in its invoice the following: 3.5.1 (a) Contract number 3.5.1 (b) Purchase Order number 3.5.1 (c) Equipment ordered by description, catalogue number, quantity ITB #9788 Page 7 of43 3.5.1 (d) Equipment price per quantity and amount per units ordered and volume or quantity of Goods delivered 3.5.1 (e) Equipment price per quantity and amount per units ordered 3.5.1 (f) Subtotal of equipment ordered 3.5.1 (g) Separate line item listing discount percentage and discount percentage price for items ordered 3.5.1 (h) Separate line item for freight prepaid and added by contractor for FOB Destination 3.5.1 (i) Appropriate tax, if applicable 3.5.1 (k) Total amount due 3.5.1 (I) Address to which payment is to be sent 3.6 MOST FAVORABLE PRICES AND TERMS: Contractor represents that all prices, terms and benefits offered by Contractor under this Contract are equal to or better than the equivalent prices, terms and benefits being offered by Contractor to any other state or local government unit or commercial customer. 3.6.1 Should Contractor, during the term of the Contract, enter into any contract, agreement or arrangement that provides lower prices, more favorable terms or greater benefits to any other such government unit or commercial customer, this Contract shall thereupon be deemed amended to provide the same price or prices, terms and benefits to the State. This provision applies to comparable Goods and services, and to purchase volumes by the State that are not less than the purchase volumes of the government unit or commercial customer that has received the lower prices, greater benefits or more favorable terms. 3.6.2 Section 3.6.1 does not apply to donations of Goods to charitable, nonprofit or government entities, if the donations are recognized as such and are deductible under the federal Internal Revenue Code, shall not be considered contracts, agreements, sales or arrangements with other government units or commercial customers that call for the application of section 3.6.1. 3.7 INSPECTIONS/ACCEPTANCE: The Authorized Purchaser shall have ten (10) calendar days from date of delivery of the entire order within which to inspect and accept or reject the Goods. If the Goods are rejected, the Authorized Purchaser shall provide Contractor with written notification of rejection. Notice of rejection shall include itemization of apparent defects, including but not limited to (i) discrepancies between the Goods and the applicable specifications or warranties (including variance from demonstrations or sample characteristics where demonstrations or samples have been provided), or (ii) otherwise nonconforming Goods (including late delivery). Notice of rejection shall also indicate whether cure will be allowed. 3.7.1 CURE: The Authorized Purchaser may elect to have the Con'tractor deliver substitute Goods that comply with the Contract specifications and warranties. The Contractor shall deliver substitute conforming Goods within thirty (30) calendar days or such longer period as Authorized Purchaser may specify in such notice of receipt of notice of rejection and opportunity to cure. Failure to complete cure within the thirty (30) calendar days or such longer period as Authorized Purchaser may specify in such notice shall constitute a material default of the Contract. 3.7.2 REMOVAL/REIMBURSEMENT: If the Goods are rejected or acceptance is revoked, the Contractor shall refund any Contract payments that have been made with regard to the rejected Goods, and shall (at Contractor's sole cost and expense) remove the Goods within fifteen (15) calendar days or such longer period as Authorized Purchaser may specify in such notice of receiving notice of rejection or revocation of acceptance. 3.7.3 DAMAGED SHIPMENT: It is the Contractor's sole responsibility to ensure that the Goods arrive at their destination undamaged. If there is any damage to Goods upon delivery, Authorized Purchaser reserves the right to reject and return the shipment in whole or in part at the Contractor's expense. If the Contractor is unable to supply a replacement shipment within the allotted period of time, Authorized Purchaser may cancel the order in whole or in part and purchase needed items from another source. Nothing contained in this Section 3.7 shall preclude Authorized Purchaser from other remedies to which it may be entitled upon rejection or revocation of acceptance. 3.8 REPRESENTATIONS; WARRANTIES: ITB#9788 Page 8 of 43 3.8.1 AUTHORITY; BINDING OBLIGATION: Contractor represents and warrants that Contractor has the power and authority to enter into and perform the Contract and that the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms. 3.8.2 WARRANTY ON MATERIALS, DESIGN, MANUFACTURE: Contractor represents and warrants that all Goods shall be new, unused, current production models, where applicable, and shall be free from defects in materials, design and manufacture for the duration of the warranty period specified in Exhibit A -Attachment B -Manufacturer's Warranty. Where specifications have been made a part of ITB #102-1526-08, Contractor further represents warrants that all Goods sold under this Price Agreement shall be in compliance with and meet or exceed all specifications. 3.8.3 WARRANTY ON SERVICE STANDARDS: Contractor warrants that all services required to be performed, if any, shall be performed in a good and workmanlike manner, and in accordance with the highest applicable professional or industry standards. 3.8.4 WARRANTY OF TITLE: Contractor represents and warrants that all Goods are free and clear of any liens or encumbrances, and that Contractor has full legal title to the Goods, and that no other person has any right, title or interest in the Goods which shall be superior to or infringe upon the rights granted to the Authorized Purchasers hereunder. 3.8.5 WARRANTY ON SAFETY AND HEALTH REQUIREMENTS: Contractor represents and warrants that Goods provided under this Contract comply with all applicable federal health and safety standards, including but not limited to, Occupational Safety and Health Administration (OSHA, and all Oregon safety and health requirements, including, but not limited to, those of the State Workers' Compensation Division. 3.8.6 WARRANTIES CUMULATIVE: The warranties set forth in this section are in addition to, and not in lieu of, any other warranties provided in the Contract. All warranties provided in the Contract shall be cumulative, and shall be interpreted expansively so as to afford the Authorized Purchasers and the State the broadest warranty protection available. 3.8.7 MANUFACTURER WARRANTIES: Contractor shall have all manufacturer warranties covering the Goods and component parts, if any, transferred to the Authorized Purchasers as provided for in Exhibit A -Attachment B - Manufacturer Warranty. 3.9 COMPLIANCE WITH APPLICABLE LAWS AND STANDARDS: 3.9.1 Contractor shall comply with all federal, state and local laws, regulations, executive orders and ordinances applicable to the Contract. Without limiting the generality of the foregoing, Contractor expressly agrees to comply with the following laws, regulations and executive orders, as they may be amended from time to time during the term of the Contract, to the extent they are applicable to the Contract: (i) Titles VI and VII of the Civil Rights Act of 1964, as amended; (ii) Sections 503 and 504 of the Rehabilitation Act of 1973, as amended; (iii) the Americans with Disabilities Act of 1990, as amended; (iv) Executive Order 11246, as amended; (v) The Age Discrimination in Employment Act of 1967, as amended, and the Age Discrimination Act of 1975, as amended; (vi) The Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended; (vii) Title II, Subtitle F of the Health Insurance Portability and Accountability Act of 1996; (viii) ORS Chapter 659, as amended; (ix) all regulations and administrative rules established pursuant to the foregoing laws; and (x) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. These laws, regulations and executive orders are incorporated by reference herein to the extent that they are applicable to the Contract and required by law to be so incorporated. Agency's performance under the Contract is conditioned upon Contractor's compliance with the provisions of ORS 279B.220, 279B.225, 279B.230, 279B.235 and 279B.270 the terms of which are incorporated by reference into such Contracts. 3.9.2 RECYCLED PRODUCTS: Contractor shall to the maximum extent economically feasible use recycled and recyclable products in the performance of the Contract. These products shall include recycled paper, recycled PETE products, as defined in ORS 279A.010(1)(hh), and other recycled plastic resin products. 3.9.3 NONCOMPLIANT GOODS: In the event of a conflict between the specifications and applicable federal and State laws, the federal or State laws shall prevail. Provided, however, in the event any conflict is based solely upon minimum standards, such as quality or safety, the higher or more stringent standard shall apply. ITB#9788 Page 9 of43 3.9.3.1 Contractor shall be responsible for making any modifications required to achieve compliance with the required laws and standards. Contractor shall notify SPO and Authorized Purchasers of any such required modifications upon receipt of knowledge or notification of such. 3.9.4 RECALLED GOODS OR COMPONENTS: In the event any Good or component part is recalled by a regulatory body or the manufacturer, or discovered by Contractor not to be in compliance with the applicable standards, Contractor shall immediately notify SPO and the Authorized Purchaser of the recall or non-compliance, and shall provide copies of the notice or other documentation. 3.9.4.1 Authorized Purchaser may elect to: (a) cancel any portion of the Contract, (b) reject the Goods (c) revoke its acceptance of the Goods, (d) require Contractor to complete necessary modifications, where applicable, in a timely manner, at no charge to Authorized Purchaser, or (e) terminate the Contract in whole or in part, based upon such recall or non-compliance. In the event of rejection or revocation of acceptance under this subsection, Contractor shall promptly remove the Goods at its sole cost and expense, and reimburse Authorized Purchaser for payments made. 3.10 FOREIGN CONTRACTOR: If the amount of the Contract exceeds ten thousand dollars ($10,000), and if Contractor is not domiciled in or registered to do business in the State, Contractor shall promptly provide to the Oregon Department of Revenue all information required by that Department relative to the Contract. Oregon Authorized Purchaser's shall be entitled to withhold final payment under the Contract until Contractor has met this requirement. 3.11 MATERIAL SAFETY DATA SHEET: Contractor shall provide the Authorized Purchaser at time of delivery with a Material Safety Data Sheet as defined by the Occupational Safety and Health Administration (OSHA) for any Goods provided under the Contract which may release or otherwise result in exposure to a hazardous chemical under normal conditions of use. In addition, Contractor must properly label, tag or mark such Goods. 3.12 TIME IS OF THE ESSENCE: Contractor agrees that time is of the essence for Contractor's performance obligations under the Contract. 3.13 FORCE MAJEURE: Neither Authorized Purchaser nor Contractor shall be held responsible for delay or default caused by fire, riot, acts of God, war, or any other cause which is beyond the party's reasonable control. Contractor shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon the cessation of the cause, diligently pursue performance of its obligations under the Contract. The Authorized Purchaser may terminate the Contract upon written notice after reasonably determining that such delay or default will likely prevent successful performance of the Contract. 3.14 INSURANCE: Contractor shall obtain prior to performing under the Contract, and maintain during the term of the Contract (including all warranty periods), the insurance required under Section 5. With regard to workers' compensation insurance, all employers, including Contractor, that employ subject workers who work under the Contract in the State of Oregon shall comply with ORS 656.017 and provide the required workers' compensation coverage, unless such employers are exempt under ORS 656.126(2). Contractor shall require and ensure that each of its subcontractors, if any, complies with these requirements. 3.15 FUNDS AVAILABLE AND AUTHORIZED; PAYMENTS: If Authorized Purchaser is an Authorized Agency or an Independent Agency, the Authorized Purchaser represents that it has sufficient funds available and authorized within its biennial appropriation or limitation to pay the cost of purchases under the Contract prior to the end of the current biennium. Contractor understands and agrees that such an Authorized Purchaser'S payment of amounts under the Contract attributable to purchases made after the last day of the current biennium is contingent on that Authorized Purchaser's receiving from the Oregon Legislative Assembly appropriations, limitations, or other expenditure authority sufficient to allow it, in the exercise of its reasonable administrative discretion, to continue to make payments under the Contract. 3.16 INDEPENDENT CONTRACTOR STATUS; RESPONSIBILITY FOR TAXES AND WITHHOLDING: 3.16.1 Contractor shall perform all required Services as an independent Contractor. Although the Authorized Purchaser reserves the right (i) to determine (and modify) the delivery schedule for the Goods to be delivered and the Services to be ITB #9788 Page 10 of 43 performed and (ii) to evaluate the quality of the completed performance, Authorized Purchaser cannot and will not control the means or manner of Contractor's performance. Contractor is responsible for determining the appropriate means and manner of performing any Services required by this Contract. 3.16.2 If Contractor is currently performing work for the State of Oregon or the federal government, Contractor by signature to this Contract declares and certifies that: Contractor's Work to be performed under this Contract creates no potential or actual conflict of interest as defined by ORS 244 and no State or federal rules or regulations of would prohibit Contractor's Work under this Contract. Contractor is not an "officer", "employee", or "agent" of the Authorized Purchaser, as those terms are used in ORS 30.265. 3.16.3 Contractor shall be responsible for all federal and state taxes applicable to compensation or payments paid to Contractor under this Contract and, unless Contractor is subject to backup withholding, Authorized Purchaser will not withhold from such compensation or payments any amount(s) to cover Contractor's federal or state tax obligations. Contractor is not eligible for any social security, unemployment insurance or workers' compensation benefits from compensation or payments paid to Contractor under this Contract, except as a self-employed individual. 3.17 INDEMNIFICATION: 3.17.1 CONTRACTOR SHALL DEFEND, SAVE, HOLD HARMLESS, AND INDEMNIFY THE AUTHORIZED PURCHASER, THE STATE AND ITS OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS, SUITS, ACTIONS, PROCEEDINGS, LOSSES, DAMAGES, LIABILITIES, AWARDS AND COSTS OF EVERY KIND AND DESCRIPTION (INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES AT TRIAL, ON APPEAR AND IN CONNECTION WITH ANY PETITION FOR REVIEW) (COLLECTIVELY, "CLAIM") WHICH MAY BE BROUGHT OR MADE AGAINST ANY AUTHORIZED PURCHASER, THE STATE, OR THEIR AGENTS, OFFICIALS, EMPLOYEES AND ARISING OUT OF OR RELATED TO (I) ANY PERSONAL INJURY, DEATH OR PROPERTY DAMAGE CAUSED BY ANY ALLEGED ACT, OMISSION, ERROR, FAULT, MISTAKE OR NEGLIGENCE OF CONTRACTOR, ITS EMPLOYEES, AGENTS, RELATED TO THIS CONTRACT, (II) ANY ACT OR OMISSION BY CONTRACTOR THAT CONSTITUTES A MATERIAL BREACH OF THIS CONTRACT, INCLUDING WITHOUT LIMITATION ANY BREACH OF WARRANTY, OR (III) THE INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADE SECRET OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY BY DELIVERY OR USE OF THE GOODS. AUTHORIZED PURCHASER SHALL PROMPTLY NOTIFY CONTRACTOR IN WRITING OF ANY CLAIM THAT AUTHORIZED PURCHASER OR STATE BECOMES AWARE. CONTRACTOR'S OBLIGATION UNDER THIS SECTION SHALL NOT EXTEND TO ANY CLAIM PRIMARILY CAUSED BY (I) THE NEGLIGENT OR WILLFUL MISCONDUCT OF AUTHORIZED PURCHASER, THE STATE, OR THEIR AGENTS, OFFICIALS OR EMPLOYEES, OR (II) AGENCY'S MODIFICATION OF GOODS WITHOUT CONTRACTOR'S APPROVAL AND IN A MANNER INCONSISTENT WITH THE PURPOSE AND PROPER USAGE OF SUCH GOODS. 3.17.2 PROVIDED, HOWEVER, THE OREGON ATTORNEY GENERAL MUST GIVE WRITTEN AUTHORIZATION TO ANY LEGAL COUNSEL PURPORTING TO ACT IN THE NAME OF, OR REPRESENT THE INTERESTS OF, THE STATE AND ITS OFFICERS, EMPLOYEES AND AGENTS OR ANY OF THEM PRIOR TO SUCH ACTION OR REPRESENTATION. FURTHER, THE STATE, ACTING BY AND THROUGH ITS DEPARTMENT OF JUSTICE, MAY ASSUME ITS OWN DEFENSE, INCLUDING THAT OF ITS OFFICERS, EMPLOYEES AND AGENTS, AT ANY TIME WHEN IN THE STATE'S SOLE DISCRETION IT DETERMINES THAT (I) PROPOSED COUNSEL IS PROHIBITED FROM THE PARTICULAR REPRESENTATION CONTEMPLATED; (II) COUNSEL IS NOT ADEQUATELY DEFENDING OR ABLE TO DEFEND'THE INTERESTS OF THE STATE, ITS OFFICERS, EMPLOYEES AND AGENTS OR ANY OF THEM; (III) IMPORTANT GOVERNMENTAL INTERESTS ARE AT STAKE; OR (IV) THE BEST INTERESTS OF THE STATE ARE SERVED THEREBY. CONTRACTOR'S OBLIGATION TO PAY FOR ALL COSTS AND EXPENSES SHALL INCLUDE THOSE INCURRED BY THE STATE IN ASSUMING ITS OWN DEFENSE AND THAT OF ITS OFFICERS, EMPLOYEES, OR AGENTS OR ANY OF THEMUNDER (I) AND (II) ABOVE. 3.18 EVENTS OF DEFAULT: 3.18.1 Default by Contractor. Contractor shall be in default under this Contract if: 3.18.1.1 Contractor institutes or has instituted against it insolvency, receivership or bankruptcy proceedings, makes an assignment for the benefit of creditors, or ceases doing business on a regular basis; or 3.18.1.2 Contractor no longer holds a license or certificate that is required for Contractor to perform its obligations under this Contract and Contractor has not obtained such license or certificate within ten (10) business days after delivery of Authorized Purchaser'S notice or such longer period as Authorized Purchaser may specify in such notice; or ITB #9788 Page 11 of43 3.18.1.3 Contractor commits any material breach or default of any covenant, warranty, obligation or certification under this Contract including but not limited to breach of the Price Agreement, and such breach, default or failure is not cured within ten (10) business days after delivery of Authorized Purchaser's notice of default or such longer period as Authorized Purchaser may specify in such notice. 3.18.2 Default by Authorized Purchaser. Authorized Purchaser shall be in default under this Contract if: 3.18.2.1 Authorized Purchaser fails to pay Contractor any amount pursuant to the terms of this Contract, and Authorized Purchaser fails to cure such failure within ten (10) business days after delivery of Contractor's notice of default or such longer period as Contractor may specify in such notice; or 3.18.2.2 Authorized Purchaser commits any material breach or default of any covenant, warranty, or obligation under this Contract, fails to perform its commitments hereunder within the time specified or any extension thereof, and Authorized Purchaser fails to cure such failure within ten (10) business days after delivery of Contractor's notice of default or such longer period as Contractor may specify in such notice. 3.19 REMEDIES: 3.19.1 AUTHORIZED PURCHASER'S REMEDIES: In the event Contractor is in default under Section 3.18.1, in addition to the remedies afforded elsewhere herein, the Authorized Purchaser, shall be entitled to recover for any and all damages suffered as the result of Contractor's breach of Contract, including but not limited to direct, indirect, incidental and consequential damages, as provided in ORS 72.7110 to 72.7170. The Authorized Purchaser may, at its option, pursue any or all of the remedies available to it under this Contract and at law or in equity, including, but not limited to: 3.19.1.1 Termination of this Contract under Section 3.21; 3.19.1.2 Withholding all monies due for invoiced for invoiced Goods or Services that Contractor is obligated but has failed to deliver or perform within any scheduled completion dates or has performed inadequately or defectively; 3.19.1.3 Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief; 3.19.1.4 Exercise of its right of setoff, and withholding of monies otherwise due and owing in an amount equal to Authorized Purchaser's setoff without penalty 3.19.1.5 These remedies are cumulative to the extent the remedies are not inconsistent, and Authorized Purchaser may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. If it is determined for any reason that Contractor was not in default under Sections 3.18.1, the rights and obligations of the parties shall be the same as if this Contract was terminated pursuant to Section 3.21.2.1. 3.19.2 CONTRACTOR'S REMEDIES: In the event Authorized Purchaser terminates the Contract for convenience under Section 3.21.2.1, or in the event Authorized Purchaser is in default under Section 3.18.2 and whether or not Contractor elects to exercise its right to terminate the Contract under Section 3.21.3, Contractor's sole remedy shall be (a) A claim against Authorized Purchaser for the unpaid purchaser price for Goods delivered and accepted by Authorized Purchaser (b) with respect to Services compensable on an hourly basis, a claim for unpaid invoices, hours worked but not yet billed and authorized expenses for services completed and accepted by Authorized Purchaser (b) with respect to deliverable- based Services, a claim for the sum designated for completing the deliverable multiplied by the percentage of Services completed and accepted by Authorized Purchaser, less previous amounts paid and any claim(s) which Authorized Purchaser has against Contractor. If previous amounts paid to Contractor exceed the amount due to Contractor under this Section, Contractor shall pay any excess to Authorized Purchaser upon written demand. 3.20 ATTORNEYS' FEES: With the exception of defense costs and expenses pursuant to 3.17, neither party shall be entitled to recover attorney's fees, court and investigative costs, or any other fees or expenses associated with pursuing a remedy for damages arising out of or relating to the Contract. 3.21 TERMINATION: 3.21.1 MUTUAL CONSENT: The Contract may be terminated at any time by mutual written consent of the parties. 3.21.2 AUTHORIZED PURCHASER: ITB#9788 Page 12 of 43 3.21.2.1 Authorized Purchaser may, at its sole discretion, terminate the Contract, for convenience, at any time upon thirty (30) days written notice. 3.21.2.2 Authorized Purchaser is excused from performance and may in its sole discretion terminate the Contract, in whole or in part, immediately upon notice to Contractor, or at such later date as the Authorized Purchaser may establish in such notice, upon the occurrence of any of the following events: (i) the Authorized Purchaser fails to receive funding, or appropriations, limitations or other expenditure authority at levels sufficient to pay for the Goods to be purchased under the Contract; or (ii) federal or state laws, regulations, or guidelines are modified or interpreted in such a way that either the purchase of the Goods by the Authorized Purchaser under the Contract is prohibited, or the Authorized Purchaser is prohibited from paying for such Goods from the planned funding source; or (iii) Contractor commits any material breach of the Contract. Pursuant to this Section 3.21.2.2, upon receipt of written notice of termination, Contractor shall stop performance under the Contract as directed by the Authorized Purchaser. 3.21.3 CONTRACTOR: Contractor may terminate the Contract immediately upon notice to Authorized Purchaser, or at such later date as it may establish in such notice as set forth in Section 3.18.2., upon Agency's failure to pay for the Goods, in accordance with the terms of this Contract. 3.22 ACCESS TO RECORDS: Contractor shall retain, maintain, and keep accessible all records relevant to the Contract (the "Records") for a minimum of six (6) years, or such longer period as may be required by applicable law following expiration or termination of the Contract, or until the conclusion of any audit, controversy or litigation arising out of or related to the Contract, whichever date is later. Financial Records shall also be kept in accordance with generally- accepted accounting principles. During the Record-retention period established in this Section 3.22, the Contractor shall permit the Authorized Purchaser, its duly authorized representatives, and the federal government access to the Records at a reasonable time and place for purposes of examination and copying. 3.23 NOTICES: All notices required under the Contract shall be in writing and addressed to the party's authorized representative. For Authorized Purchasers, the authorized representative shall be identified in the Purchase Order. Contractor's authorized representative shall be the individual identified in Section 10. Mailed notices shall be deemed received five (5) days after post marked, when deposited, properly addressed and prepaid, into the U.S. postal service. Faxed notices shall be deemed received upon electronic confirmation of successful transmission to the designated fax number. Personal delivery shall be effective upon delivery. 3.24 PURCHASE ORDERS; ACKNOWLEDGEMENTS: The parties acknowledge and agree that other than designation of order quantities, types of Goods, delivery destination, and dates of order and scheduled delivery of other performance, any Purchase Orders or acknowledgement documents are simply for the convenience of the parties to initiate or confirm an order of Goods under this Contract and that no other terms or conditions contained in those documents shall be of any force or effect or be binding upon the parties. 3.25 GOVERNING LAW: The Contract shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to principles of conflicts of laws. To the extent not modified by the terms of this Contract, the UCC shall govern this transaction. 3.26 VENUE; CONSENT TO JURISDICTION: 3.26.1 STATE CONTRACT VENUE; CONSENT TO JURISDICTION: Any claim, action, suit or proceeding (collectively, "Claim") between a Authorized Agency and Contractor, or an Independent Agency and Contractor, that arises from or relates to the Contract shall be brought and conducted solely and exclusively within the Circuit Court of Marion County for the State of Oregon; provided, however, if a Claim must be brought in a federal forum, then unless otherwise prohibited by law it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. CONTRACTOR HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS AND WAIVES ANY OBJECTION TO VENUE IN SUCH COURTS, AND WAIVES ANY CLAIM THAT SUCH FORUM IS AN INCONVENIENT FORUM. Nothing herein shall be construed as a waiver of the State's sovereign or governmental immunity, whether derived from the Eleventh Amendment to the United States Constitution or otherwise, or of any defenses to Claims or jurisdiction based thereon. ITB#9788 Page 13 of 43 3.26.2 ORCPP, STATE OF WASHINGTON CONTRACT VENUE; CONSENT TO JURISDICTION: Any Claims between Contractor and an ORCPP or State of Washington Participant Authorized Purchaser that arise from or relate to the Contract shall be brought and conducted solely and exclusively within the Circuit Court of the county in which such ORCPP or State of Washington Participant Authorized Purchaser resides, or at the ORCPP or State of Washington Participant Authorized Purchaser's option, within such other county as the ORCPP or State of Washington Participant Authorized Purchaser shall be entitled under the laws of the relevant jurisdiction to bring or defend Claims. If any such Claim must be brought in a federal forum, then unless otherwise prohibited by law it shall be brought and conducted solely and exclusively within the United States District Court for the District in which such ORCPP or State of Washington Participant Authorized Purchaser resides. CONTRACTOR HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS AND WAIVES ANY OBJECTION TO VENUE IN SUCH COURTS, AND WAIVES ANY CLAIM THAT SUCH FORUM IS AN INCONVENIENT FORUM. Nothing herein shall be construed as a waiver of ORCPP or State of Washington Participant Authorized Purchaser's sovereign or governmental immunity, if any, whether derived from the Eleventh Amendment to the United States Constitution or otherwise, or of any defenses to Claims or jurisdiction based thereon. 3.27 SURVIVAL: Any terms of this Contract, which by their context or nature are intended to survive termination or expiration including but not limited to warranty, indemnification, access to records, governing law, venue, consent to jurisdiction, termination and remedies provisions shall survive the termination or expiration of this Contract. 3.28 SEVERABILITY: If any provision of the Contract is declared by a court of competent jurisdiction to be illegal or otherwise invalid, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. 3.29 ASSIGNMENT/SUBCONTRACT/SUCCESSORS: Contractor shall not assign, sell, transfer, or subcontract rights, or delegate responsibilities under the Contract, in whole or in part, without the prior written approval of the Authorized Purchaser. Further, no such written approval shall relieve Contractor of any obligations under the Contract, and any assignee, transferee, or delegate shall be considered the agent of Contractor. The provisions of the Contract shall be binding upon, and shall inure to the benefit the parties to the Contract and their respective successors and permitted assigns. 3.30 MERGER CLAUSE; AMENDMENT; WAIVER: The Contract constitutes the entire agreement between the parties on the subject matter thereof. There are no understandings, agreements, or representations, oral or written, not specified therein regarding the Contract. No waiver, consent, or amendment of terms of the Contract shall bind either party unless in writing and signed by both parties, and all necessary approvals have been obtained. Waivers and consents shall be effective only in the specific instance and for the specific purpose given. The failure of the Authorized Purchaser to enforce any provision of the Contract shall not constitute a waiver by the Authorized Purchaser of that or any other provision. SECTION 4 -SPECIAL CONTRACT TERMS AND CONDITIONS 4.1 AUTHORIZED PURCHASERS SELECTION PROCESS (PURCHASE ORDER AWARD PROCESS): Where SPO has awarded multiple Price Agreements from a single solicitation for the purchase of Public Playground Equipment and Surface Materials, Authorized Purchaser may select from multiple vendors for the purchase of Public Playground Equipment and Surface Materials. Authorized Purchaser will use the selection process as outlined in Attachment A - Best Value Analysis to determine which equipment best meets its needs. 4.2 ORDER PLACEMENT: Purchasers must contact the Contractor of choice directly. The Contractor will provide the catalog and price list from this Price Agreement upon request without charge. 4.3 OTHER SERVICE AND PURCHASE ORDER FULFILLMENT REQUIREMENTS: It will be the Contractor's responsibility to establish a mutually agreed upon method of fulfilling the Purchase Order prior to actual order placement or delivery, to survey and review the particular installation location to ensure the existing proposed location meets the Manufacturer's established installation criteria. Should the proposed installation location not meet established installation criteria, the Contractor and Authorized Purchaser will attempt to locate an alternate mutually agreeable location for the equipment at the particular site or review the requested playground equipment and/or materials for other options to be placed on site that meet established installation criteria. ITB#9788 Page 14 of 43 In the event a mutually agreeable location for the equipment, or an agreeable type of equipment, meeting the Manufacturer's established installation criteria is not available, the Authorized Purchaser may cancel the order with no further obligations and the Contractor must not order or deliver the equipment. 4.4 SHIPPING/DELIVERY DESTINATION: Contractor shall deliver Goods FOB destination, freight prepaid and charged back to the Authorized Purchaser named in the Purchaser Order ("Delivery Destination"). ~. - Terms of Sale Responsibility for Freight Cost and Transit Risk Seller -Pays freight charges and adds to invoice F.O.B. Destination, freight prepaid Buyer -Bears freight charges and charged back Seller -Owns goods in transit Seller -Files claims (if any) 4.5 DELIVERY SCHEDULE: Contractor shall deliver the entire order including all back orders within the number of days specified in the Pricing Pages (Section 7.6) "DELIVERY (ARO)". Contractor may deliver early without penalty. Contractor shall verify the delivery date with Authorized Purchaser prior to shipment. Repeated failure to meet delivery requirements may result in Price Agreement cancellation. 4.5.1 DELIVERY CONFIRMATION: Authorized Purchase shall be responsible for Delivery Confirmation. To confirm delivery, Authorized Purchaser shall inspect and inventory all cartons for damage prior to signing for shipment. Authorized Purchaser shall be entitled to inspect and accept or reject the Goods as identified in Section 3.7 INSPECTIONS/ACCEPTANCE. 4.5.2 OFFLOADING: Authorized Purchaser shall be responsible for supplying all labor, materials, and equipment required for the off-loading and placement of items at delivery locations. Offloading service options may be available from the Contractor. If available, charges associated with this service may be included as part of the manufacturer's freight charges. 4.6 LABELING: Individual shipping cartons shall be labeled with name of the ordering agency, Purchase Order number, and stock numbers. The Contractor is encouraged to offer product packaging with recycled content. 4.7 PACKAGING: Unless otherwise specified, goods are to be packaged, where applicable, in cartons meeting federal specifications and shipped on non-returnable pallets. Pallets shall not exceed 2,500 pounds in weight, 48 inches high, and six (6) feet wide. 4.8 SALE ITEMS: Authorized Purchaser shall be given the benefit of any special sales, rebates, or promotions offered by Contractor or Manufacturer to any of their other customers during the term of the contract. The Contractor shall be responsible for notifying the Authorized Purchaser of any sale/rebate promotion and apply the sale price to any Purchase Order placed by the Authorized Purchaser during the sale/rebate/promotion period. 4.9 LIQUIDATED DAMAGES: 4.9.1 ACKNOWLEDGEMENT OF HARM: The Authorized Purchaser and Contractor (together, the "Parties") acknowledge that performance by Contractor in breach of the delivery requirement in section 4.5 will result in damages to the Authorized Purchaser. The Parties agree that Authorized Purchaser's damages under the Contract are difficult to establish at the time of this Price Agreement, but that the liquidated damages set forth in this Price Agreement are a reasonable attempt to estimate such damages. 4.9.2 LIQUIDATED DAMAGES; EVENTS: The parties agree that Authorized Purchasers may charge, not as a penalty but as liquidated damages, the sum of 2% of the total price per day per order, for each day the Contractor exceeds the delivery deadline in Section 4.5. For purposes of calculating liquidated damages, an order is not delivered until it is accepted by Authorized Purchaser. 4.9.3 PAYMENT OF LIQUIDATED DAMAGES: For the amount of any liquidated damages due Authorized Purchaser, Authorized Purchaser may set off such amounts by reducing the amount of any payment due to the Contractor under the Contract, or to require direct payment from the Contractor to Authorized Purchaser or both. Authorized Purchaser will have the right to withhold or delay payments to Contractor, in whole or in part, if Contractor fails to perform its obligations set forth in the Contract. ITS #9788 Page 15 of43 4.9.4 OTHER REMEDIES: The assessment of liquidated damages will not constitute a waiver or release of any other remedy Authorized Purchaser may have under the Contract for events not specifically covered by this Section 4.9 at law, equity, or otherwise, including but not limited to Authorized Purchaser's right to terminate the Contract. Notwithstanding any other term of the Contract, Authorized Purchaser may elect, in its discretion and in lieu of assessing liquidated damages, to recover actual damages or seek other remedies caused by Contractor's breach if its obligation for timely delivery. 4.10 PURCHASE PERFORMANCE REPORTS: Authorized Purchasers may, at their sole discretion, submit Purchasing Performance Reports substantially in the form attached hereto as Exhibit S. Receipt by DAS of three (3) or more negative Purchasing Performance Reports from Authorized Purchasers during any calendar year of this Price Agreement shall constitute a Contractor default under this Price Agreement. 4.11 INSTALLATION INSTRUCTIONS: This Price Agreement does NOT include "installation." However, installation instructions must be included with the order and must be complete. Authorized Purchasers may obtain installation separately under their delegated procurement authority. Authorized Purchasers may contract with an independent installation crew, use in-house labor, or engage the Contractor to perform installation services. Installation, when requested to be performed by the Contractor, shall be indicated on the price sheet. Installation costs are not a part of this Contract and will be processed individually as an additional line item on invoicing. If labor for installation is to be included on an Authorized Purchaser's order, the labor must be performed in a workmanlike manner according to standard practices. Installers shall be fully covered by workers compensation insurance. Prevailing wages for installation services may apply at installation sites. SECTION 5 -INSURANCE REQUIREMENTS Contractor shall indicate below the method that shall be used to deliver goods: [Xl COMMERCIAL/COMMON CARRIER [ lOTHER ITB#9788 Page 16 of 43 If Contractor is using anything other than commercial/common carriers to deliver Goods, Contractor shall provide an insurance certificate for Automobile Liability as listed below prior to Award. 5.1 During the term of the Contract, including warranty periods, if any, Contractor shall maintain in full force and at its own expense each insurance coverage or policy noted below, from insurance companies or entities with an A.M. Best rating of A-or better that are authorized to transact the business of insurance and issue coverage in the State of Oregon and are acceptable to SPO. 5.2 COMMERCIAL GENERAL LIABILITY: Contractor shall obtain, at Contractor's expense, and keep in effect during the term of this Contract, Commercial General Liability Insurance covering bodily injury and property damage in a form and with coverage that is satisfactory to the SPO. This insurance shall include personal injury liability, products and completed operations, and contractual liability coverage for the indemnity provided under this Contract, and is made on an occurrence basis. Combined single limit per occurrence shall not be less than $1,500,000. Each annual aggregate limit shall not be less than $5,000,000. 5.3 AUTOMOBILE LIABILITY INSURANCE; AUTOMOBILE LIABILITY: Contractor shall obtain, at Contractor's expense, and keep in effect during the term of this Contract, Automobile Liability Insurance covering all owned, non- owned, or hired vehicles. This coverage may be written in combination with the Commercial General Liability Insurance. Combined single limit per occurrence shall not be less than $1,500,000. 5.4 WORKERS' COMPENSATION: All employers, including Contractor, that employ subject workers who work under this Contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage, unless such employers are exempt under ORS 656.126(2). Contractor shall ensure that each of its subcontractors complies with these requirements. 5.5 ADDITIONAL INSURED: The liability insurance coverage, except Professional Liability, Errors and Omissions, or Workers' Compensation, if included, required for performance of the Contract shall include the State of Oregon. and its departments. divisions. commissions. branches. officers and employees as Additional Insured but only with respect to the Contractor's activities to be performed under this Contract. Coverage shall be primary and non- contributory with any other insurance and self-insurance. 5.6 "TAIL" COVERAGE: If any of the required liability insurance is on a "claims made" basis, "tail" coverage will be required at the completion of this Contract for a duration of 24 months, or the maximum time period reasonably available in the marketplace. Contractor shall furnish certification of "tail" coverage as described or continuous "claims made" liability coverage for 24 months following Contract completion. Continuous "claims made" coverage will be acceptable in lieu of "tail" coverage, provided its retroactive date is on or before the effective date of this Contract. If Continuous "claims made" coverage is used, Contractor shall be required to keep the coverage in effect for a duration of not less than twenty- four (24) months from the end of the Contract. This will be a condition of the final acceptance of work or services. 5.7 NOTICE OF CANCELLATION OR CHANGE: There shall be no cancellation, material change, potential exhaustion of aggregate limits or non-renewal of insurance coverage(s) without thirty (30) days' written notice from the Contractor or its insurer(s) to SPO. Any failure to comply with the reporting provisions of this clause shall constitute a material breach of Contract and shall be grounds for immediate termination of this Contract by SPO. 5.8 CERTIFICATE(S) OF INSURANCE: Prior to performing under the Contract, as evidence of the insurance coverage required by this Contract, the Contractor shall furnish Certificate(s) of Insurance for all required insurance to the SPO prior to the award of the Contract if required by the ITB, but in all events prior to Contractor's commencement of work under this Contract. The Certificate(s) will specify all of the parties who are endorsed on the policy as Additional Insured (or Loss Payees). Insurance coverage required under this Contract shall be obtained from insurance companies acceptable to S~O. The Contractor shall pay for all deductibles, self-insured retention and/or self-insurance included hereunder. ITS #9788 Page 17 of 43 SECTION 6 -SPECIFICATIONS 6.1 GENERAL PROVISIONS: 6.1.1 SILENCE OF SPECIFICATIONS: The apparent silence of the Specifications and any supplemental Specifications or both of them as to any detail, or the apparent omission of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only materials and workmanship of first quality are to be used. . 6.1.2 ADHERENCE TO THE SPECIFICATIONS: Deviations discovered after purchase shall be corrected at no cost to the Authorized Purchaser. 6.1.3 TECHNICAL SPECIFICATIONS: The Specifications are in the form of Mandatory Requirements as listed in Section 6.1.4 of this ITS. 6.1.4 MANDATORY REQUIREMENTS: This section contains specific Mandatory Requirements that apply to the Contractor's regular product lines. 6.1.4.1 REQUIRED CERTIFICATION AND SAFETY STANDARDS: All public playground equipment and surface materials offered as part of this Price Agreement must be engineered and fabricated to meet current State and Federal Safety Guidelines including those listed below. 1. Manufacturer of Public Playground Equipment 2. International Play Equipment Manufacturers Association (lPEMA) Certified 3. Compliance with US Consumer Product Safety Commission (CPSC) -Publication #325 and subsequent issues thereof, Handbook for Public Playground Safety 4. Compliance with the Americans with Disabilities Act (ADA) Accessibility Guidelines for All Play Areas 5. Compliance with the American Society for Testing and Materials (ASTM) for: -F1487-07 --Standard Consumer Safety Performance Specifications for Playground Equipment for Public Use -F1292-04 --Specification for Impact Attenuation of Surface Systems Under and Around Playground Equipment NOTE: Only those products which meet these Required Certification and Safety Standards will be available to Authorized Purchasers under this Price Agreement. Covers surfacing materials will be available only if they are tested to and comply with ASTM F1292. SECTION 7 -PRICING ITB#9788 Page 18 of 43 7.1 DESCRIPTION: Catalog items meeting the Mandatory Requirements including all types and sizes of Public Playground Equipment and Surface Materials. a) Name of Manufacturer: Landscape Structures, Inc. Name of Brand(s)*: Landscape Structures Percent Discount from Manufacturer's Catalog: ~% Price Column to be Used: -=L::..::S:..:..I.=2.><.0..:...;10::<....:....P ...... ric""eO<....=:.Li:.::::s ..... t ________ _ Date of Price List: -=2::..::0:....:.1-""0 ________________ _ b) Name of Manufacturer: Landscape Structures, Inc. Name of Brand(s)*: ....:.P....:;la=.;v...,S::..:e<'-'n:.::::s:.e _____________ _ Percent Discount from Manufacturer's Catalog: ~% Price Column to be Used: -=L::..::S:..:..I-=2""0...:...10:::....:....P.!.!ri.:;ce=-=L!.::is ..... t ________ _ Date of Price List: ..:2:.:::0'-'-1=0 ________________ _ 7.1.1 CATALOG(S) AND PRICE LlST(S): Attached as Attachment I is Contractor's catalog and price list. NOTE: Only those products which meet the Mandatory Requirements of Section 6.1.4 may be included in the price list. New products or products not listed in catalog, provided they meet the Mandatory Requirements of Section 6.1.4, shall be provided by the Manufacturer at the discount percentage from the catalog price at the time of order. New products or products not listed in catalog may be added to the price list as part of an extension of the Price Agreement term as provided in Section 2.4. 7.2 PROMPT PAYMENT DISCOUNTS: None offered. 7.3 QUANTITYNOLUME DISCOUNTS: The quantity/dollar levels and corresponding percentages apply to purchases under the Price Agreement. Quantity/Dollar Level Percentage Discount > $79,999.99 _2_ % in addition to base discount 7.4 MINIMUM ORDER REQUIREMENTS: The following minimum order requirements apply to each order. There is no minimum dollar value limitation on orders placed under this price agreement. 7.5 OTHER DISCOUNTS: The following additional discounts are available to Authorized Purchasers. None offered. ITS#9788 Page 19 of 43 7.6 DELIVERY (ARO): Materials, equipment, or services will be delivered by the following number of days after receipt of order (ARO). Normal -35 Days ARO for Standard Products -Number of Days ARO for Non-Standard Products determined and agreed to by Authorized Purchaser and Manufacturer at time of order. Expedited -Number of Days ARO determined and agreed to by Authorized Purchaser and Manufacturer at time of order. 7.7 CREDIT CARD PURCHASES: The following major credit card brands, if any, will be accepted: a) ~V~is~a~ ________________ __ b) Mastercard c) Discover d) American Express 7.8 CREDIT CARD EARLY PAYMENT DISCOUNT: The following discount applies for early payment, if any, for credit card purchase payments received sooner than the standard net thirty (30) days: None offered . ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• SECTION 8 -CERTIFICATION OF COMPLIANCE WITH TAX LAWS ITB#9788 Page 20 of 43 By my signature in Section 10 of this Contract, I, hereby attest or affirm under penalty of perjury: That I am authorized to act on behalf of the Contractor in this matter, that I have authority and knowledge regarding the payment of taxes, and that Contractor is, to the best of my knowledge, not in violation of any Oregon Tax Laws." For purposes of this certification, "Oregon tax laws" are those tax laws listed in ORS 305.380(4), namely ORS Chapters 118, 314, 316, 317, 318,320,321 and 323 and Sections 10 to 20, Chapter 533, Oregon Laws 1981, as amended by Chapter 16, Oregon Laws 1982 (first special session); the elderly rental assistance program under ORS 310.630 to 310.706; and any local tax laws administered by the Oregon Department of Revenue under ORS 305.620. SECTION 9 -CERTIFICATION OF COMPLIANCE WITH NON-DISCRIMINATION LAWS By my signature in Section 10 of this Price Agreement, I hereby attest or affirm under penalty of perjury: that I am authorized to act on behalf of Contractor in this matter, and to the to the best of my knowledge the Contractor has not discriminated against minority, women or emerging small business enterprises in obtaining any required subcontracts, and that the Contractor is not in violation of any Discrimination Laws." SECTION 10 -SIGNATURE OF CONTRACTOR'S DULY AUTHORIZED REPRESENTATIVE The undersigned acknowledges, attests and certifies individually and on behalf of the Contractor that: (1) He/she is a duly authorized representative of the Contractor, has been authorized by Contractor to make all representations, attestations, and certifications contained in this Price Agreement, if any, issued, and to execute this Contract on behalf of Contractor; (2) Contractor is bound by and will comply with all requirements, Specifications, and terms and conditions contained in this Price Agreement (including all listed attachments and Addenda, if any, issued; (3) Contractor is the manufacturer of the Goods and not a third party representative and will furnish the designated Goods in accordance with the Price Agreement Specifications and requirements; (4) Contractor will comply in all respects with the terms of the resulting Price Agreement upon award; and (5) All affirmations contained in Section C.3.1 of INVITATION TO BID #102-1576-09 are true and correct. Business Name: Landscape Structures, Inc. Business Address: 601 7th Street. South, Delano, MN 55328 FEIN ID# orSSN# (Required): ~4~1~-0~9~7~18~4~2~~~~~~~~~~~~~~~~~~~~~~~~ Authorized Representative (Type or printZElaine flarkess jI . Authorized Representative's Signature: lb~ ~ J;;;tu hJ Ija.---::: rP/U):! II) Telephone Number: ...l.(7.:....:6:..:3:.L)-=9~7=-2--=3~39::::..1!--_______ _ Fax Number: (763) 972-3185 E-mail Address:elaineharkess@playlsi.com SECTION 11 -STATE SIGNATURE (to be completed by the State of Oregon) ITB#9788 Page 21 of43 The State of Oregon, acting by and through DAS SPO, hereby accepts Contractor's offer and awards a Price Agreement to the above Contractor for the item(s} and service(s} designated as Public Playground Equipment and Surface Materials. Autho~ R.presenta~e ~ype or PMn, +~"t Vd~~ k1 Authonzed RepresentatIve SIgnature: ~ _A~_ ~. C-_-_ = __ Authorized Representative's Title: S9a;t2_ rca W fJ Y'1-RJ &Q.l )"'4-: Date: 3 -~ ~ i 0 Term of Contract: I 2...-:<; l -I a SPO Contact Person (Type or Print): Denna M. Coleman, State Procurement Analyst Telephone Number: (503) 378-5383 Fax Number: (503) 373-1626 Email Address:denna.coleman@das.state.or.us EXHIBIT A --ATTACHMENT A BEST VALUE ANALYSIS FOR PUBLIC PLAYGROUND EQUIPMENT AND SURFACE MATERIALS PURCHASE ORDER AWARD PROCEDURE ITB#9788 Page 22 of 43 When Authorized Purchasers (AP) make their selection between Price Agreements and Brands, the AP must document their contract file with the applicable selection process. Authorized Purchasers that are ORCPP Participants or that are with State Agencies not subject to DAS purchasing authority will make their selection from Price Agreement contractors according to their own procurement laws and rules. Agencies subject to Department of Administrative Services Public Contracting Rules Division 246, 247 and 248 must create a Purchase Order and follow the process described below: (1) The AP may access the list of contractors using the keyword search function in ORPIN, by inputting "Public Playground Equipment and Surface Materials". After identifying the applicable Price Agreement, the AP may select a Price Agreement for the actual equipment to be purchased. (2) The AP shall use the following selection guidelines to determine which product best meets the needs of the Agency. (a) An AP may consider many factors in determining the best overall value to the Agency such as: compatibility with existing components or equipment, technology standards or organizational mandates, freight, warranty, price breaks and/or quantity discounts, maintenance and/or operation costs, rebates, residual value, etc. (b) The AP will prepare written justification which provides specific information that demonstrates the standard of quality, performance, functionality, and other characteristics of the product needed by the Agency. (3) The AP will then issue a purchase order to the selected Price Agreement contractor based on the guidelines. The equipment to be purchased must be fully described in each Purchase Order. (4) The AP's must document the Contract files evidencing that the applicable selection process was followed. EXHIBIT A --ATTACHMENT B MANUFACTURER WARRANTY Set forth below is the full text of the Manufacturer's Warranty: LANDSCAPE STRUCTURES PLAY EQUIPMENT WARRANTY ITB#9788 Page 23 of 43 Landscape Structures, Inc. warrants that all playstructures and/or equipment sold will conform in kind and in quality to the specifications manual for the products identified in the Acknowledgment of Order and will be free of defects in manufacturing and material. Seller further warrants: All warranties commence on date of Seller's invoice. Should any failure to conform to the above express warranties appear within the applicable warranty period, Seller shall, upon being notified in writing promptly after discovery of the defect and within the applicable warranty period, correct such nonconformity either by repairing any defective part or parts, or by making available a replacement part within 60 days of written notification. Seller shall deliver the repaired or replacement part or parts to the site free of charge, but will not be responsible for providing labor or the cost of labor for the removal of the defective part or parts and the installation of any replacement part or parts. Replacement parts will be warranted for the balance of the original warranty. The warranty stated above is valid only if the structures and or equipment are erected in conformance with Landscape Structure' installation instructions and maintained according to the maintenance procedures furnished by Landscape Structures, Inc.; have been subjected to normal use for the purpose for which the goods were designed; have not been subject to misuse, negligence, vandalism, or accident; have not been subjected to additional or substitution of parts; and have not been modified, altered, or repaired by persons other than Seller or Seller's designees in any respect which, in the judgment of Seller, affects the condition or operation of the structures. To make a claim, send your written statement of claim, along with the original job number or invoice number to: Landscape Structures, Inc., 601 ih Street South, Delano, Minnesota, 55328-8605. • 100-Year Limited Warranty for all stainless steel fasteners, aluminum posts, clamps, beams and caps, against structural failure due to corrosion/natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use. • 1S-Year Limited Warranty for all plastic and steel components, including TuffTimbers™, against structural failure due to corrosion/natural deterioration or manufacturing defects. TenderTuff™-coating against structural failure due to natural deterioration or manufacturing defects. (Except Wiggle Ladders, Chain Ladders and Swing Chain). TuffTurf® against material or manufacturing defects when properly installed. Corocord® cable on Spacenet™ climbers against breakage. • 10-Year Limited Warranty for all CoolToppers® structural steel frames and Mobius® climbers against structural failure due to natural deterioration or manufacturing defects. • 8-Year Limited Warranty for CoolToppers® fabric against failure from significant fading, deterioration, breakdown, mildew, outdoor heat, cold, or discoloration. This warranty is limited to the design loads as stated in the specifications found in the technical information. • S-Year Limited Warranty for Corocord cables on Space net climbers against natural deterioration or manufacturing defects. The Natural Elements™ climbers exterior GFRC material, against structural failure due to natural deterioration or manufacturing defects. • 3-Year Limited Warranty for all other parts, I.e.: CableCore® products, Swing seats and hangers, Mobius climber hand holds, Wiggle Ladders, Chain Ladders and Swing Chain, Track Ride trolleys and bumpers, all rocking equipment including Sway Fun®, PVC belting material, HealthBeatTM hydraulic cylinders, Seesaws, Wiggle Ring Bridge, etc. against failure due to corrosion, natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or wear and tear from normal use, or vandalism. PLAYSENSE WARRANTY ITB #9788 Page 24 of 43 Landscape Structures Inc warrants all playstructures and/or equipment sold will conform in kind and quality to the specifications set forth in the specifications manual for the products identified in the Acknowledgement of Order and will be free of defects in manufacturing and material. As a further indication of our quality, Landscape Structures Inc provides. • 100-Year Limited Warranty on all stainless steel fasteners, aluminum posts and beams, against structural failure due to corrosion/natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or warranty and tear from normal use. • 1S-Year Limited Warranty on all plastic and steel components, against failure due to corrosion/natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or warranty and tear from normal use. • 3-Year limited Warranty on all other parts such as; Clatterbridges, O-Rings, Wiggle Ladders, AirDancer, Disc Challenge, all rocking or moving equipment, etc. against failure due to corrosion/natural deterioration or manufacturing defects. This warranty does not include any cosmetic issues or warranty and tear from normal use. All warranties commence on date of Seller's invoice. Should any failure to conform to the above express warranties appear within the applicable warranty period, Seller shall, upon being notified in writing promptly after discovery of the defect and within the applicable warranty period, correct such noncomformity either by repairing any defective part or parts, or by making available a replacement part within 60 days written notification. Seller shall deliver the repaired or replacement part or parts to the site free of charge, but will not be responsible for providing labor or the cost of labor for the removal of the defective part or parts. Replacement parts will be warranted for the balance of the original warranty. The warranty stated above is valid only if the structures and equipment are erected in conformance with PlaySense' installation instructions and maintained according to the maintenance procedures furnished by Landscape Structures Inc; have been subjected to normal use for the purpose for which the goods we designed; have not been subject to misuse, negligence, vandalism, or accident; have not been subject to addition or substitution of parts; and have not been modified, altered, or repaired by persons other than the Seller or Seller's designees in any respect which, in the judgment of Seller, affects the condition or operation of the structures. To make a claim, send your written statement of claim, along with the original job number or invoice number to: Landscape Structures Inc., 601 ih Street South, Delano, Minnesota 55328-8605. EXHIBIT A -ATTACHMENT C CERTIFIED AUTHORIZED REPRESENTATIVE OF MANUFACTURER ITB#9788 Page 25 of 43 The following persons are certified by the awarded Manufacturers to be Authorized Representatives of the Manufacturer with full authority to act on behalf of the Manufacturer under the Price Agreement: For the State of Oregon: 1. Authorized Representative's Name: ....!.N..!.!i~ck~P~hi~lb!!.!in.!....-________________ _ Company Name: Ross Recreation Equipment Company. Inc. Business Address: 9220 SW Barbur Boulevard. Suite 119-315 Portland. OR 97219 Telephone Number: -"5'-"'0:.>:<3....l:-9'-"'0:.>:<8....l:-0:..!.7..!.1::<..0 ____________________ _ Fax Number: 503-914-1955 E-mail Address:nickp@rossrec.com For the State of Washington: 2. Authorized Representative's Name: ....l:J'-"'o"-'h.!.!.n-'-'M"-'u"-"II""e.!.!.n _________________ _ Company Name: ..!.P~la~y~*~C~re~a~ti""o.!.!.n.wl~n~c.~ __________________ ~~ Business Address: 2104 SW 152nd Street. Suite 4 Burien. WA 97166 Telephone Number: -==2:.:::0.::<.6--"'9:.>:<3=.2--"'6:.>:<3.::.;66"'--____________________ _ Fax Number: 206-932-5778 E-mail Address:john@play-creation.com 3. Authorized Representative's Name: _____________________ _ Company Name: Business Address: Telephone Number: __________________________ _ Fax Number: _____________________________ _ E-mail Address: ____________________________ _ EXHIBIT A -ATTACHMENT D ADDITIONAL CONTRACTOR INFORMATION 1. SERVICE INFORMATION: ITB#9788 Page 26 of 43 1.1 Reusable Parts: Does the Contractor have a process in place for removing safe reusable parts from used equipment for reuse in the repair and/or refurbishment of equipment rather than disposal? [J Yes !&l No 1.2 Design and Consulting Services: Does the Contractor provide planning, consultation and design services to authorized purchasers to aid them in the purchase and design you provide planning, consultation and design services at no charge? [J No [J Yes, for a fee !&l Yes, at no cost 1.3 On-Site Supervision: If requested, does the Contractor provide on-site "Supervision" for Authorized Purchasers who choose to do their own installation for playground equipment and surface materials purchased under this solicitation? [J No !&l Yes, for a fee -for the State of Washington !&l Yes, at no cost -for the State of Oregon 2. RECYCLED CONTENT INFORMATION: 2.1 Post Consumer Waste: a) State the percentage of recycled content in the following products used in your manufacturing process. Steel Steel Steel Plastic Aluminum Aluminum -..1.QQ.... % for Steel Tubing 0-30 % for Steel Sheet and Plate -..1.QQ.... % for Steel Wire 90-100 % Excludes Slides, Roofs, and Hoods _0_% for All Other Aluminum .Jill...-% for Aluminum Die Castings b) State the percentage of use of recyclables shipping containers and/or packaging material. c) State the percentage of surplus or scrap materials reused in the manufacturing process. ~% 2.2 Environmentally Preferred Products: State the percentage of environmentally-preferred products used in your manufacturing process for Powder Coating. -..1.QQ....% ADDITIONAL CONTRACTOR INFORMATION --CONTINUED 3A. CONTACT INFORMATION FOR THE STATE OF OREGON: 3A.1 Contact Person for Contract Administration (if different than Authorized Representative) Contact Person: ...!N~i~ck!.!...!...P.!..!h!!!ilb~in'-!..-_____________________ _ Company Name: Ross Recreation Equipment Company. Inc. Address Location: 9220 SW Barbur Boulevard. Suite 119-315 City, State, Zip: Portland. OR 97219 Phone Number: ~5~0~3....!:-9~0~8....!:-0~7...!.1 ~O ____________________ _ Fax Number: 503-914-1955 E-mail: nickp@rossrec.com 3A.2 Customer Service/Order Placement: Contact Person: ...!.N.!.!i""ck-'-'-P""hi""'lb""in-'--_____________________ _ Company Name: Ross Recreation Equipment Company. Inc. Address Location: 9220 SW Barbur Boulevard. Suite 119-315 City, State, Zip: Portland. OR 97219 Phone Number: ...:::5""'0.::::.3-...:::9""'0.::::.8--"0'-'-7...:..;10=<--___________________ _ Fax Number: 503-914-1955 E-mail: nickp@rossrec.com 3A.3 Payment Contact/Address: Contact Person: ...!.N:!.!:ic~k~P!....h!.!!i.!!:lb:.!.!.in.!.__ _____________________ _ Company Name: Ross Recreation Equipment Company. Inc. Address Location: 9220 SW Barbur Boulevard. Suite 119-315 City, State, Zip: Portland, OR 97219 Phone Number: ~5~0~3....!:-9~0~8....!:-0~7...!.1.::::.0 ____________________ _ Fax Number: 503-914-1955 E-mail: nickp@rossrec.com ITB #9788 Page 27 of43 ADDITIONAL CONTRACTOR INFORMATION -CONTINUED 38. CONTACT INFORMATION FOR THE STATE OF WASHINGTON: 38.1 Contact Person for Contract Administration (if different than Authorized Representative) Contact Person: ...!:J"",o,,-,-h!..!.n ..... M..."u""-lIe"."n-'--____________________ _ Company Name: Play*Creation. Inc. Address Location: 2104 SW 152nd Street. Suite 4 City, State, Zip: Burien. WA 98166 Phone Number: -=2=0=6-=-9:.,:::3=2--=6""'3=66:::<..-___________________ _ Fax Number: -=2=0=6--=9""'3=2--=5:...:..7-=-78:::<..-___________________ _ E-mail: john@play-creation.com 38.2 Customer Service: Contact Person: ~J=o~hn!..!..!.:.M~u~lIe~n.!....-____________________ _ Company Name: Play*Creation. Inc. Address Location: 2104 SW 152 nd Street. Suite 4 City, State, Zip: Burien. WA 98166 Phone Number: -=2~0=6-~9=3:2-~6=3~66~ ___________________ ___ Fax Number: -=2~0=6-~9=3:2-~5'-'-7~78~ ___________________ ___ E-mail: john@play-creation.com 38.3 Order Placement (make Pos to): Contact Person: ...:,A..:.::U"",nc:....: -=J=o'-"hn~M=u=lIe=n"'---__________________ _ Company Name: Landscape Structures. Inc. Address Location: 601 ih Street. South City, State, Zip: Delano. MN 55328 Phone Number: ....:,7-=6=3--=9:...:..7=2--=3:.,:::3=9-=-1 ________________ --,-___ _ Fax Number: ....:,7-=6=3--=9:...:..7=2--=3:....:.1=85:::<..-___________________ ___ E-mail: john@play-creation.com 38.4 Payment Contact/Address: Contact Person: ~J=o"",an!..!..!.:.M=o=ch,-,-,i",-"ns~k.>!.i ___________________ ___ Company Name: Landscape Structures. Inc. Address Location: SDS 12-0395: P.O. Box 86 City, State, Zip: Minneapolis. MN 55486-0395 Phone Number: ....:.7-"'6=3--=9:...:...7=2--=3=3=91-'--___________________ ___ Fax Number: ....:.7-"'6=3-~9:...:...7:2--=3:....:.1~85~ ___________________ ___ E-mail: joanmochinski@playlsLcom ITB#9788 Page 28 of 43 4. 5. 6. 7. ADDITIONAL CONTRACTOR INFORMATION -CONTINUED MANUFACTURER'S WARRANTY: See Exhibit A -Attachment B -Manufacturer's Warranty. SERVICE REPRESENTATIVES/REPAIR FACILITIES: See Exhibit A -Attachment F -Service Representatives/Repair Facilities. TRADE-IN POLICY: See Exhibit A -Attachment G -Trade-In Policy. ITB #9788 Page 29 of43 PRODUCT INFORMATION: For a summary of product information, see Exhibit A -Attachment H -Product Information. EXHIBIT A --ATTACHMENT E SAMPLE PRICING AND WARRANTY INFORMATION OF TYPICAL CATALOG ITEMS ITB#9788 Page 30 of 43 (The following items are example of typical catalog items that may be purchased under an awarded Price Agreement in response to this ITB. Authorized Purchasers will be able to utilize information provided to assist in determining best value.) SAMPLE ITEMS Item 1: S-Shaped or Wave Poly Tube Slide (slide component only, single walled, inside diameter a minimum of 24", component would attach to a 72" or higher deck) Mfg.lBrand: Landscape Structures, Inc. Description: -=E=I....:S=li=de::....-________________ _ Model Number: --'1=2=6=36=8=E=---_______ Catalog Page: ....:8=3 __ warranty Information: Full Product Warranty Provided: [8] Yes ~ Total Years [J No If no, under warranty provided, identify the pro-rated cost to Authorized Purchaser for product replacement for each timeframe listed below: -At 1 year $0 -At 15 years $'...!:O!.....-___ _ -At 5 years $0 -Other: years -At 10 years $'...!:O!.....-___ _ $,----- PRICING INFORMATION Catalog Price: $ 2,795.00 Minus Discount Percent: To Equal Adjusted Discounted Price: $ 2,627.30 Item 2: Poly Double Slide (slide component only, double walled, component would attach Catalog Price: to a 72" or higher deck) Mfg.lBrand: Landscape Structures, Inc. Description: Double Swoosh Poly Slide Model Number: --'1:..:3=0=39=0=A..:....-_______ Catalog Page: ....:.7..:9 __ Warranty Information: Full Product Warranty Provided: [8] Yes ~ Total Years [J No If no, under warranty provided, identify the pro-rated cost to Authorized Purchaser for product replacement for each timeframe listed below: -At 1 year $0 -At 15 years $,..,!:O:......-__ _ -At 5 years $0 -Other: years -At 10 years $,..,!:O:......-__ _ $,----- $ 1,555.00 Minus Discount Percent: To Equal Adjusted Discounted Price: $ 1.461.70 SAMPLE PRICING AND WARRANTY INFORMATION OF TYPICAL CATALOG ITEMS -CONTINUED SAMPLE ITEMS Item 3: Parallel Bars (galvanized pipe of approximately 3", approximately 8' to 10' long and 3' high) Mfg.lBrand: Landscape Structures, Inc, Description: Parallel Bars Model Number: --'1""0=0=06=5""'A-'--_______ Catalog Page: 182 Warranty Information: Full Product Warranty Provided: [KJ Yes ~ Total Years [J No If no, under warranty provided, identify the pro-rated cost to Authorized Purchaser for product replacement for each timeframe listed below: -At 1 year $0 -At 15 years $".::0:.....-___ _ -At 5 years $0 -Other: years -At 10 years $",;:0'--___ _ $_---- Item 4: Poly Square Roof (double walled, minimum outer dimensions of 48" by 48") Mfg.lBrand: Landscape Structures, Inc, Description: Square Poly Roof Model Number: --'1""'1=8,!,,11!...::0 ..... A"--_______ Catalog Page: 120 Warranty Information: Full Product Warranty Provided: [KJ Yes ~ Total Years [J No If no, under warranty provided, identify the pro-rated cost to Authorized Purchaser for product replacement for each timeframe listed below: -At 1 year $0 -At 15 years $",;:0'--___ _ -At 5 years $0 -Other: years -At 10 years $",;:0'--___ _ $_---- ITB #9788 Page 31 of43 PRICING INFORMATION Catalog Price: $ 510,00 Minus Discount Percent: l% To Equal Adjusted Discounted Price: $ 479.40 Catalog Price: $ 845,00 Minus Discount Percent: To Equal Adjusted Discounted Price: $ 794,30 SAMPLE PRICING AND WARRANTY INFORMATION OF TYPICAL CATALOG ITEMS -CONTINUED SAMPLE ITEMS Item 5: Steel Support Post (12' in length and a minimum of 5" in diameter) Mfg.lBrand: Landscape Structures. Inc. Description: Steel 144" PlayBooster Post Not Included Model Number: --'1,....,1-=.1-=.4.,..04....,M.!.!..-_______ Catalog Page: in Catalog Warranty Information: Full Product Warranty Provided: 1&1 Yes ~ Total Years D No ·If no, under warranty provided, identify the pro-rated cost to Authorized Purchaser for product replacement for each timeframe listed below: -At 1 year $0 -At 15 years $-"0'--___ _ -At 5 years $0 -Other: years -At 1 ° years $...::0'--___ _ $_---- Item 6: Square Shaped 36" high Steel Deck (or equal) (minimum surface area of 1,600 square inches) Mfg.lBrand: Landscape Structures, Inc. Description: Square Deck Model Number: --'1:....!1...:.1=22=8=A-'--_______ Catalog Page: 121 Warranty Information: Full Product Warranty Provided: 1&1 Yes ~ Total Years D No If no, under warranty provided, identify the pro-rated cost to Authorized Purchaser for product replacement for each timeframe listed below: -At 1 year $0 -At 15 years $-"0'--__ _ -At 5 years $0 -Other: years -At 1 ° years $-"0'--__ _ $_---- ITB#9788 Page 32 of 43 PRICING INFORMATION Catalog Price: $ 230.00 Minus Discount Percent: To Equal Adjusted Discounted Price: $ 216.20 Catalog Price: $ 675.00 Minus Discount Percent: To Equal Adjusted Discounted Price: $ 634.50 SAMPLE PRICING AND WARRANTY INFORMATION OF TYPICAL CATALOG ITEMS -CONTINUED SAMPLE ITEMS Item 7: Animal Type Spring Rider (one piece aluminum body with spring, for use by children up to 6 years of age) Mfg.lBrand: Landscape Structures, Inc. Description: Whimsy Rider, Dolphin wI Coil Spring Model Number: --'1c.>:::3.><.55,..,3o:<::6<!.A-'---_______ Catalog Page: 170 Warranty Information: Full Product Warranty Provided: lEI Yes --1§.... Total Years 1:1 No If no, under warranty provided, identify the pro-rated cost to Authorized Purchaser for product replacement for each timeframe listed below: -At 1 year $0 -At 15 years $...:::0'--___ _ -At 5 years $0 -Other: years -At 1 ° years $-=0'---___ _ $_---- Item 8: "Custom" Composite Play Structure #1: See "Item 8 Specifications and Site Plan" ITB#9788 Page 33 of 43 PRICING INFORMATION Catalog Price: $ 765.00 Minus Discount Percent: To Equal Adjusted Discounted Price: $719.10 Catalog Price: $ 24,525.00 Minus Discount Percent: ....§....% To Equal Adjusted Discounted Price: $ 23,053.50 SAMPLE PRICING AND WARRANTY INFORMATION OF TYPICAL CATALOG ITEMS -CONTINUED SAMPLE ITEMS Item 9: "Custom" Composite Play Structure #2: See "Item 9 Specifications and Site Plan" DELIVERY INFORMATION: Provide the delivery cost, including shipment weight, for the total of Items 8 and 9 ("Custom" Composite Play Structures #1 and #2), shipped together from the Point of Origin delivered FOB Destination to each location listed. 1. Delivery Cost: Portland, OR 97086 Salem, OR 97301 Eugene, OR 97401 Medford, OR 97501 Baker City, OR 97814 Bend, OR 97701 Burns, OR 97720 Pendleton, OR 97801 Astoria, OR 97103 Roseburg, OR 97470 2. Total Shipping Weight for Items 8 and 9: 3,560 Ibs (includes ~ackaging) 3. Identify "Point of Origin" Location (include City, State, Zip): Landsca~e Structures, Inc .. Delano, MN 55328 Note: Definition of "Point of Origin": Location where a carrier receives a shipment from a shipper for transportation to the destination. ITB#9788 Page 34 of43 PRICING INFORMATION Catalog Price: $ 7.265.00 Minus Discount Percent: To Equal Adjusted Discounted Price: $ 6.829.10 $ 1,975.00 $ 1.975.00 $1.975.00 $1,975.00 $1.975.00 $1,975.00 $ 1.975.00 $ 1.975.00 $ 1,975.00 $1,975.00 9788 -Item 8 Specifications: Structure design includes the following components: ITB#9788 Page 35 of 43 -{2} Hexagonal shaped 48" high Steel Decks with surface area of 5,200 square inches. --#111232A, page 121 -{1} Transfer Station to 48" high Hexagonal Deck --#152911C, page 121 -{2} Double walled Hexagonal shaped Poly Roofs --#130567 A, page 120 -{1} On deck Tic-Tac-Toe Panel--#115231A, page 113 -{1} On deck Bubble Panel --#115223A, page 111 -{1} 48" high Spiral Climber --#148432A, page 94 -{1} Double walled 48" high Double Poly Slide --#123331 B, page 79 -{1} Arch Bridge --#114665A, Page 106 -{1} 48" high Vertical Loop-Type Climber --#148434A, page 93 -{1} Double walled 48" high Single Poly Slide --#123337A, page 83 -{1} 30" Diameter 48" high Poly Tube Slide --#126367C. page 83 -{1} Steel Arch Climber to 48" high deck --#122914A, page 94 -{1} Ground Level Store-Type Panel--#115254A, page 113 -{1} Set of ground level Talk Tubes --#111363A, page 117 9788 -Item 9 Specifications: Structure design to include the following components (or equivalent): -(1) Square shaped 36" high Steel Deck with surface area of 1,600 square inches --#111228A, page 121 -(1) Transfer Station to 36" high Square shaped Deck --#152911 B, page 121 -(2) Single walled Poly Roofs --#118110B, page 121 -(1) On deck ABC Panel --#115230A, page 112 -(1) 36" high Poly Rock-Type Climber--#153076A, page 139 -(1) Double walled 36" high Double Poly Slide --#123331 B, page 79 -(1) Ground level Wheel on Post --#36216 ITB#9788 Page 36 of 43 co ('t) co'<:t "'--0>0 =!:t:",- CQ('t) 1-<1,) -0) CO 0... 1/1 C ns a:: .s en en "C C ns CO E ~ CO CO I'-en 30' -5·------~· _.1 I I ~--j/-~---'" i // _Ill''' i / ,.-.' i / ,..,., \ 1 1/ .. "=" \ I I'! \ : \ \ \ I, \ \ \ \ i , \\ I "-I ) ! I I I -' I , ! -: \ I ) { ",/ \ 37'-11" ,r ' I , l. I I "- I I ' , , ' , ' \ ' I I I tZU301 ~ .... ,- \ \ I \ I \ I " I "-... /r"----.. / //" / ./' ... / / ,/ '" -/ -? ---_/ QUOTE #37519-1-1-1 (5-12 AREA) TOTAL /lEVAl£D f'lAY COIFO!aIIS 8 TGT.IL. /lEVAn!) COIiI'OIIDIIS IICtES'SIII.[ BY _ O!H;!l!i! 0 lOTJII..1lEVATD COIitIIOItEftTS IICCESSIIILI: BY YRANSI'£R 8 JIIIlIlI!a) 4 TOTJII. IICCiSSIU: _ L.Ml COII!'!IIINfS _N 3 /lI";QIIl(!I!Il lO.'fAl IIImIINI' TYPES OF GItOCII) IDU ~ 3 J!El!Y.I!tIl "'"' "'111' -& i n ---;1, OB STATE CONfRACT DESIGN SALEX, OR t------18'-2"'----..,J //~"'" I ,_ \ f '\ I '!I2I11 \ J & \ .... \ / I I \ I \NCti-Sl'MlDAAD) 1 -,....=.......,'"'~~ I WO'1$ I " .... I ""!.III" ---I I \ :J "II'" \ s:::.,' \ .... 27''-3" \ " '1 I I I I I \ ~ I \ --I \ I \ I " / " / ...... -----,_~-:../_. _____ L QUOTE #37519-1-1-2 (2-5 AREA) TO!fAL El.£VAlElI f'lAY COIiI'OIIDIIS 3 TO!fAL /lEVAlElI COIiPOIQIIS !oCClSSiIILi: 8¥ _ G lliIl!.II!Q Q TO!fAL. ill'IAlElI COIiPOIQIIS AIXESSI!LE 8¥ YRANSI'£R 3 I!EWIIm 2 TO!fALACCESSIIII.E GJI!MID I£YEL CQNI'OH£I!/S SlIIlIWI &E. TOTAl IlIfFEIIfNr TYPES OF _ L.Ml COIll'Oi'&llS I!Ell!:IIIEI! ROSS RECREATION NICK PHILBlN Sl'!i18I1'IP£1 PLA YlloosmR _" 375111-1-1 ~ ____ iIiiiiir ~.~ ~~ .. -71Iiit"', ~~~ (BiGINmlED mJOll fI9ER SUGGESItD) •• EXHIBIT A --ATTACHMENT F SERVICE REPRESENTATIVES/REPAIR FACILITIES ITB#9788 Page 38 of 43 All replacement parts are manufactured by and come directly from Landscape Structures, Inc. Once complete order information is received, for most standard parts, they can be shipped from the manufacturer within seven days. Authorized Representatives, covering the states of Oregon and Washington, which will honor the warranty of items on this price agreement is: For the State of Oregon: 1. Authorized Representative's Name: ....!N..:.:i~ck'-'-'-P.:..:.h·!!.:llb:.:.:in'-'--________________ _ Company Name: Ross Recreation Equipment Company. Inc. Business Address: 9220 SW Barbur Boulevard. Suite 119-315 Portland. OR 97219 Telephone Number: ...:=5=0=3 ..... -9=0=8 ..... -0'-'-7-=-1=..0 _____________________ _ Fax Number: 503-914-1955 E-mail Address:nickp@rossrec.com For the State of Washington: 2. Authorized Representative's Name: ...lJ~o:.wh~n~M!.!.:u:!..!.lI~e.:..:.n _________________ _ Company Name: ~P~la~YL*~C~re~a~ti~o.:..:.n.wl~n~c.~ ___________________ __ Business Address: 2104 SW 152 nd Street. Suite 4 Burien. WA 97166 Telephone Number: ~2:.!::0::::.6-..:.9~3:=.2-6~3~66~ ____________________ __ Fax Number: 206-932-5778 E-mail Address:john@play-creation.com EXHIBIT A --ATTACHMENT G TRADE-IN POLICY There is no Trade-In Policy at this time. ITB#9788 Page 39 of43 EXHIBIT A --ATTACHMENT H PRODUCT INFORMATION NOTE: This Product Information has been provided by the manufacturer and has not been verified. ITB#9788 Page 40 of 43 Ross Recreation is the exclusive representative in Oregon for a wide range of recreational equipment manufacturers, including Landscape Structures, Inc., the world's premier playground equipment manufacturer. Landscape Structures has an uncompromising focus on product quality, ease of installation, simplicity of maintenance, and above all, safety for children. Ross Recreation works with Landscape Structures to provide clients with high quality, innovative products, engaging themes and designs with straightforward, can-do customer service. Landscape Structures is committed to creating inspiring play experiences for children while honoring the environment. From personalized playground design to custom-designed playstructures, we offer commercial playground equipment that is artful, safe, and most of all, made for years of fun. Landscape Structures offers the most recognized brands in playground equipment-from PlayBooster, the original metal post and clamp play system, to the new EvosTM and Weevos™ playsystems and out-of-the-ordinary signature pieces such as the Spacenet, Mobius Climber, and Orbiter Spinner. Please visit both Landscape Structures and Ross Recreation's websites for more information and to help reach your recreation goals. • Landscape Structures, Inc. www.playlsi.com • Ross Recreation Equipment Co., Inc. www.rossrec.com EXHIBIT A --ATTACHMENT I CATALOG AND PRICE LIST ITB#9788 Page 41 of43 EXHIBITB PURCHASING PERFORMANCE REPORT Division or Section Price Agreement Name Price Agreement No. Name Signature (optional) Forward completed form to: Denna Coleman @ DAS SPO -e-mail: denna.coleman@das.state.or.us Date ITB#9788 Page 42 of 43 ITB#9788 Page 43 of 43 INSTRUCTIONS for PURCHASING PERFORMANCE REPORT PURPOSE OF FORM: INSTRUCTIONS FOR COMPLETION: DISTRIBUTION: FURTHER QUESTIONS: To provide a method for an agency to obtain assistance from the State Procurement Office in solving purchasing issues. Upon receipt of Purchasing Performance Report, the State Procurement Office will work with the agency and the vendor to resolve the issue. 1. Agency Identification: Complete all entries. 2. Vendor Identification: Complete all entries. 3. Identification of Person Initiating Report: Complete all entries. 4. Purchase Information: Please complete only those entries which are relevant to the current issue. In addition, attach a copy of the supporting Purchase Order, Contract Release Order and other supporting documentation, to expedite your request. 5. Describe the Problem and Agency Attempts to Resolve the Problem: Be as brief but as complete as possible. Attach a sample, if appropriate. Include names, telephone number and dates of vendor contacts. Route to: State Procurement Office Department of Administrative Services Attn: Denna Coleman 1225 Ferry Street SE U140 Salem, OR 97301-4285 Forward completed form and supporting documentation to via email to: denna.coleman@das.state.or.us REMEMBER TO RETAIN A COPY FOR YOUR AGENCY FILE Call the State Procurement Office (503) 378-4642 Contact Information MCUA PO Box 41409 Olympia, WA 98504-1409 (360) 407-2214 MCUA@des.wa.gov Master Contracts Usage Agreement What is the MCUA? The Master Contracts Usage Agreement (MCUA) is a one-time agreement necessary to meet statutory requirements allowing qualifying organizations to use Washington State master contracts. Cooperative purchasing through state contracts provides organizations that have agreed to terms and conditions the opportunity to save millions of dollars annually by pooling resources to leverage the market through volume discounts. Authorized organizations are provided access to more than 700 contracts for goods and services to meet all the business needs of their organization at no cost. Legislation WAC 236-49-060• WAC 200-310-010• RCW 39.26.050• RCW 43.19• How much does it cost? There is no cost for the Master Contracts Usage Agreement. Who can sign a MCUA? State Agencies • State Boards • State Commissions • Higher Education Institutions • Offices of Separate Elected Officials • Local Government Agencies • Federal Agencies • Washington State Tribal Entities • Public Benefit Non-profit (PBNP)• Organization with 501(C)3 tax status that have filed PBNP status with the Secretary of State. For filing information, go to http://www.sos.wa.gov/corps/. ◦ More information about purchasing agreements with Public Benefit Non-profit: RCW 39.34.055. ◦ More information about Public Benefit Non-profit designation: RCW 24.03.490.◦ How do I join? First, check the signed agreement list. If you are not on this list: Download and print the Master Contracts Usage Agreement (MCUA)• Fill out and sign MCUA• Scan and email signed copy of MCUA to: MCUA@des.wa.gov or Mail signed copy to: DES MCUA, attn: Kris Gorgas PO Box 41409 Olympia, WA 98504-1409 A fully executed copy will be scanned and returned to you via email. If you have questions, please call the Master Agreement Service Desk (360) 407-2214 or email MCUA@des.wa.gov. What can I buy? You can purchase a wide variety of goods and services. Contracts are searchable. The following are a few examples of the most-used contracts: Vehicles (heavy duty and passenger)• Copiers• Page 1 of 2Master Contracts Usage Agreement 12/2/2013http://www.des.wa.gov/services/ContractingPurchasing/Purchasing/Pages/MasterContracts... Attachment D Current Contracts Search or view contracts Contract search tool • Technology master contracts and enterprise agreements• Green-recycled contracts• View vendors by contract• Western States Contracting Alliance (WSCA) contracts• Oregon contracts for use by co-op members• Special purchasing programs Janitorial services• Moving & relocation services• Purchasing card• Vehicle purchases• Technology Brokering• Technology Leasing• Travel• Contract activities Recently expired contracts• Planned procurements• Contract workload report • Purchasing Biweekly Bulletin• Purchasing Biweekly Bulletin Archive• Who uses state contracts? Cities, counties• Organizations that have a signed Master Contracts Usage Agreement• State agencies• State school districts and higher education institutions• Public utility districts• Page 1 of 1Current Contracts 12/2/2013http://www.des.wa.gov/services/ContractingPurchasing/CurrentContracts/Pages/default.aspx Attachment D Prod Organizations with current master contract agreements Members of the Oregon Cooperative Procurement Program (ORCPP) are also eligible to use Washington master contracts through agreement with the State of Oregon. For a complete list of eligible entities see http://www.oregon.gov/DAS/EGS/ps/ORCPP/orcppMemberList.pdf on the Oregon Department of Administrative Services website. The current number of organizations with master contract agreements: 809 Org Name Org # Account # Org Type ABERDEEN SCHOOL DISTRICT 5 35005 SCH ACCOUNTANCY STATE BOARD OF 165 AGY ACTUARY OFFICE OF THE STATE 035 AGY ADAMS COUNTY 10100 COU ADMINISTRATIVE HEARINGS OFFICE OF 110 AGY ADMINISTRATIVE OFFICE OF THE COURTS 055 AGY AFRICAN-AMERICAN AFFAIRS, WASHINGTON STATE COMMISSION ON 119 AGY AGRICULTURE, DEPARTMENT OF 495 AGY AIRWAY HEIGHTS, CITY OF 23201 CIT ALDERWOOD WATER DISTRICT 33102 DIS ALFALFA SEED COMMISSION 501 OTH ANACORTES, CITY OF 22901 CIT ANACORTES, PORT OF 40122 POR ANACORTES SCHOOL DISTRICT 103 38103 SCH APPLE ADVERTISING COMMISSION 500 OTH ARCHAEOLOGY AND HISTORIC PRESERVATION, DEPARTMENT OF 355 AGY AREA AGENCIES ON AGING, WA ASSOCIATION OF 50070 NON ARLINGTON, CITY OF 23101 CIT ARLINGTON SCHOOL DISTRICT 16 35016 SCH ARTS COMMISSION, WASHINGTON STATE 387 AGY ASIAN PACIFIC AMERICAN AFFAIRS, WA STATE COMM ON 087 AGY ASOTIN, CITY OF 20204 CIT ASOTIN COUNTY 10200 COU ASOTIN COUNTY PUD 30201 DIS ASPARAGUS COMMISSION 506 OTH ATTORNEY GENERAL, OFFICE OF THE 100 AGY AUBURN, CITY OF 21702 CIT AUBURN SCHOOL DISTRICT 408 35408 SCH AUDITOR, OFFICE OF THE STATE 095 AGY BAINBRIDGE ISLAND, CITY OF 21804 CIT BAINBRIDGE ISLAND FIRE DEPT 31801 DIS BAINBRIDGE ISLAND SCHOOL DISTRICT 303 37303 SCH BATES TECHNICAL COLLEGE 695 HED BATTLE GROUND, CITY OF 20601 CIT BEACON HILL SEWER DISTRICT 32403 001 DIS BEEF COMMISSION 502 OTH BEER COMMISSION 545 OTH BELLEVUE, CITY OF 21704 CIT Page 1 of 17MCUA Organizations 12/2/2013https://fortress.wa.gov/ga/apps/ContractSearch/MCUAListing.aspx Attachment D BELLEVUE COMMUNITY COLLEGE 627 HED BELLEVUE SCHOOL DISTRICT 405 35405 SCH BELLINGHAM, CITY OF - HOUSING AUTHORITY 23701 015 CIT BELLINGHAM, CITY OF 23701 CIT BELLINGHAM, PORT OF 40301 POR BELLINGHAM SCHOOL DISTRICT 501 35501 SCH BELLINGHAM TECHNICAL COLLEGE 694 HED BEN FRANKLIN TRANSIT 85803 CIT BENTON COUNTY 10300 COU BENTON COUNTY FIRE DISTRICT 1 30300 F01 DIS BENTON COUNTY FIRE DISTRICT 6 30300 F06 DIS BENTON COUNTY FIRE DISTRICT 2 30300 F02 DIS BENTON COUNTY PUBLIC UTILITY DISTRICT 30305 DIS BENTON, PORT OF 43700 POR BENTON-FRANKLIN COUNTY HEALTH DISTRICT 10311 042 COU BIG BEND COMMUNITY COLLEGE 629 HED BINGEN, CITY OF 22001 CIT BIRCH BAY WATER & SEWER DIST 34702 DIS BLAINE, CITY OF 23702 CIT BLAINE SCHOOL DISTRICT 503 35503 SCH SERVICES FOR THE BLIND, DEPARTMENT OF 315 AGY BLIND, STATE SCHOOL FOR THE 351 AGY BLUEBERRY COMMISSION 503 OTH BOND RETIREMENT AND INTEREST 010 AGY BONNEY LAKE, CITY OF 22701 CIT BOTHELL, CITY OF 21706 CIT BREMERTON, CITY OF - HOUSING AUTHORITY 21801 H01 CIT BREMERTON, CITY OF 21801 CIT BREMERTON, PORT OF 41800 POR BREMERTON SCHOOL DISTRICT 100 36100 SCH BRIDGEPORT, CITY OF 20901 CIT BUCKLEY, CITY OF 22702 CIT BULB COMMISSION 505 OTH BURIEN, CITY OF 24300 CIT BURLINGTON, CITY OF 22902 CIT BURLINGTON EDISON SCHOOL DISTRICT 100 35100 SCH C-TRAN VANCOUVER WASHINGTON 2005 COU CAMAS, CITY OF 20602 CIT CAMAS SCHOOL DISTRICT 117 35117 SCH CAMAS-WASHOUGAL, PORT OF 40600 POR CANCER RESEARCH AND BIOSTATISTICS 82800 MSC CANOLA AND GRAPESEED COMMISSION 508 OTH CARNATION, CITY OF 21707 CIT CASCADE WATER ALLIANCE 85172 NON CASCADIA COMMUNITY COLLEGE 634 HED CASELOAD FORECAST COUNCIL 101 AGY CASTLE ROCK, CITY OF 20801 CIT CASTLE ROCK SCHOOL DISTRICT 401 35021 SCH CDI CORPORATION 83081 PVT CENTRAL KITSAP FIRE AND RESCUE 31809 DIS CENTRAL KITSAP SCHOOL DISTRICT 401 35401 SCH Page 2 of 17MCUA Organizations 12/2/2013https://fortress.wa.gov/ga/apps/ContractSearch/MCUAListing.aspx Attachment D CENTRAL KLICKITAT CONSERVATION DISTRICT 82354 DIS CENTRAL WASHINGTON UNIVERSITY 375 HED CENTRAL WASHINGTON FAIR ASSOCIATION 80320 ASC CENTRALIA COLLEGE 632 HED CENTRALIA SCHOOL DISTRICT 401 35040 SCH CHEHALIS, CITY OF 22102 CIT CHEHALIS CONFEDERATED TRIBES 1000 TRI CHEHALIS, PORT OF 42101 POR CHEHALIS SCHOOL DISTRICT 302 35302 SCH CHELAN, CITY OF - PUBLIC WORKS 20402 002 CIT CHELAN CO - PUBLIC WORKS 10400 007 COU CHELAN COUNTY FIRE DISTRICT 1 30400 F01 DIS CHELAN COUNTY FIRE DISTRICT 3 30400 F03 DIS CHELAN COUNTY FIRE DISTRICT 5 30400 F05 DIS CHELAN COUNTY FIRE DISTRICT 6 30400 F06 DIS CHELAN COUNTY PUBLIC UTILITY DISTRICT 1 30405 DIS CHELAN-DOUGLAS HEALTH DISTRICT 10408 102 COU CHELAN DOUGLAS CO LINK TRANSIT 30407 DIS CHENEY, CITY OF 23202 CIT CHENEY SCHOOL DISTRICT 360 35360 SCH CHEWELAH, CITY OF 23301 CIT CHILDHOOD DEAFNESS & HEARING LOSS, WASHINGTON STATE CENTER FOR 353 AGY CIVIL LEGAL AID, OFFICE OF 057 AGY CLALLAM COUNTY 10500 COU CLALLAM COUNTY FIRE DISTRICT 2 30502 F02 DIS CLALLAM COUNTY PUBLIC UTILITY DISTRICT 30500 DIS CLARK COLLEGE 635 HED CLARK COUNTY 10600 COU CLARK REGIONAL WASTEWATER DISTRICT 10600 555 COU CLARK COUNTY FIRE DISTRICT 13 30600 F13 DIS CLARK CO FIRE DIST 3 30600 F03 DIS CLARK COUNTY PUBLIC UTILITY DISTRICT 30603 DIS CLARKSTON, CITY OF 20202 CIT CLARKSTON SCHOOL DISTRICT 250 35185 SCH CLE ELUM-ROSLYN SCHOOL DISTRICT 404 37404 SCH CLOVER PARK SCHOOL DISTRICT 400 35400 SCH CLOVER PARK TECHNICAL COLLEGE 696 HED CLYDE HILL, CITY OF 21708 CIT COAL CREEK UTILITY DISTRICT 82281 DIS COALITION AGAINST DOMESTIC VIOLENCE WA ST 80469 NON COASTAL COMMUNITY ACTION PROG 50025 NON COLLEGE PLACE, CITY OF 23601 CIT COLUMBIA BASIN COMMUNITY COLLEGE 639 HED COLUMBIA COUNTY 10700 COU COLUMBIA IRRIGATION DISTRICT 30304 DIS COLUMBIA MOSQUITO CONTROL DIST 33601 DIS COLUMBIA RIVER GORGE COMMISSION 460 AGY COLVILLE, CITY OF 23302 CIT COMM AND TECHNICAL COLLEGE SYSTEM 699 HED COMMERCE, WA ST DEPT OF 103 AGY COMMUNITY AND TECHNICAL COLLEGES, STATE BOARD FOR 352 AGY Page 3 of 17MCUA Organizations 12/2/2013https://fortress.wa.gov/ga/apps/ContractSearch/MCUAListing.aspx Attachment D COMMUNITY COLLEGES OF SPOKANE 676 HED COMMUNITY TRANSIT SNOHOMISH CO PTBAC 82199 DIS CONSERVATION COMMISSION, STATE 471 AGY CONSOLIDATED DIKING IMPROVEMENT DISTRICT 1 82366 DIS CONSOLIDATED TECHNOLOGY SERVICES 163 AGY CORNISH COLLEGE OF THE ARTS 80195 PSC CORRECTIONS, DEPARTMENT OF 310 AGY COUNTY ROAD ADMINISTRATION BOARD 406 AGY COURT OF APPEALS 048 AGY COVINGTON WATER DISTRICT 83306 DIS COWLITZ CO FIRE DISTRICT 2 30801 F02 DIS COWLITZ CO FIRE DISTRICT 3 30801 F03 DIS COWLITZ CO FIRE DISTRICT 5 30801 F05 DIS COWLITZ COUNTY 10800 COU COWLITZ COUNTY PUBLIC UTILITY DISTRICT 30800 DIS COWLITZ SKAMANIA FIRE DISTRICT 7 83602 DIS CRANBERRY COMMISSION 507 OTH CRESCENT SCH DIST 313 35313 SCH CRESTON SCH DIST 73 35073 SCH CRIMINAL JUSTICE TRAINING COMMISISON, WASHINGTON STATE 227 AGY CROSS VALLEY WATER DISTRICT 33115 DIS CUSICK, CITY OF 21720 CIT DAIRY PRODUCTS COMMISSION 510 OTH DARRINGTON, TOWN OF 23103 CIT DAVENPORT, CITY OF 22203 CIT DEER PARK, CITY OF 23203 CIT DEER PARK SCHOOL DISTRICT 414 35300 SCH DES MOINES, CITY OF - POLICE DEPARTMENT 21709 002 CIT DIERINGER SCHOOL DISTRICT 343 80467 SCH DOUGLAS COUNTY 10900 COU DOUGLAS COUNTY FIRE DISTRICT 2 30900 F02 DIS DOUGLAS COUNTY SEWER DISTRICT 30903 DIS DRY PEA AND LENTIL COMMISSION 512 OTH DUPONT, CITY OF 22704 CIT DUVALL, CITY OF 22725 CIT EARLY LEARNING, WA ST DEPT OF 357 AGY E COLUMBIA BASIN IRRIGATION DIST 30101 DIS EAST COUNTY FIRE AND RESCUE 85553 PVT EAST VALLEY SCHOOL DISTRICT 361 (SPOKANE)35361 SCH EAST VALLEY SCHOOL DISTRICT 90 (YAKIMA)35090 SCH EAST WENATCHEE, CITY OF 20902 CIT EASTERN WASH UNIVERSITY 370 HED EASTMONT METROPOLITAN PARK DISTRICT 30920 DIS EASTMONT SCHOOL DISTRICT 206 84442 SCH EASTSIDE FIRE DISTRICT 85554 DIS EASTSIDE PUBLIC SAFETY COMMUNICATIONS AGENCY 60200 OTH EATONVILLE SCHOOL DISTRICT 404 35404 SCH EATONVILLE POLICE DEPARTMENT 22705 001 CIT ECOLOGY, DEPARTMENT OF 461 AGY ECONOMIC AND REVENUE FORECAST COUNCIL 104 AGY ECONOMIC DEVELOPMENT FINANCE AUTHORITY, WASHINGTON 106 CU Page 4 of 17MCUA Organizations 12/2/2013https://fortress.wa.gov/ga/apps/ContractSearch/MCUAListing.aspx Attachment D EDGEWOOD, CITY OF 22730 CIT EDMONDS, CITY OF 23104 CIT EDMONDS COMMUNITY COLLEGE 610 HED EDMONDS, PORT OF 43100 POR EDMONDS PUBLIC FACILITIES DISTRICT 30940 DIS EDMONDS SCHOOL DISTRICT 15 38401 SCH EDUCATIONAL SERVICE DISTRICT 112 36603 SCH EDUCATIONAL SERVICE DISTRICT 113 36604 SCH EDUCATIONAL SERVICE DISTRICT 114 36609 SCH EDUCATIONAL SERVICE DISTRICT 121 36610 SCH EDUCATIONAL SERVICE DISTRICT 123 36605 SCH NORTH CENTRAL ESD 171 36607 002 SCH EDUCATIONAL SERVICE DISTRICT 189 36608 SCH EGG COMMISSION 514 OTH ELECTRIC CITY, CITY OF 28010 CIT ELLENSBURG, CITY OF 21902 CIT ELLENSBURG SCHOOL DISTRICT 401 36401 SCH ELMA, CITY OF 21403 CIT EMPLOYMENT SECURITY, DEPARTMENT OF 540 AGY ENDICOTT SCHOOL DISTRICT 308 35308 SCH ENDURIS WASHINGTON 80370 MSC ENERGY NORTHWEST 70001 FED ENTERPRISE SERVICES, DEPARTMENT OF 179 GA ENTRUST COMMUNITY SERVICES 85023 NON ENUMCLAW, CITY OF 21711 CIT ENUMCLAW SCHOOL DISTRICT 216 35603 SCH ENVIRONMENTAL & LAND USE HEARINGS OFFICE 468 AGY EPHRATA, CITY OF 21303 CIT EVERETT, CITY OF -,HOUSING AUTHORITY 23105 300 CIT EVERETT, CITY OF 23105 CIT EVERETT COMMUNITY COLLEGE 605 HED EVERETT MOUNTAIN RESCUE UNIT INC 85193 NON EVERETT, PORT OF 43101 POR EVERETT SCHOOL DISTRICT 2 36002 SCH EVERGREEN SCHOOL DISTRICT 114 35114 SCH EVERGREEN STATE COLLEGE, THE 376 HED EVERSON, CITY OF 23703 CIT FALL CITY WATER DISTRICT 80263 DIS FARMED SALMON COMMISSION 513 CU FEDERAL REVENUE FOR DISTRIB 005 AGY FEDERAL WAY, CITY OF 21731 CIT FEDERAL WAY SCHOOL DISTRICT 210 35604 SCH FERNDALE, CITY OF 23704 CIT FERNDALE SCHOOL DISTRICT 502 35502 SCH FERRY COUNTY PUBLIC WORKS DEPARTMENT 11000 005 COU FERRY COUNTY SHERIFFS OFFICE 11000 002 COU FERRY COUNTY PUBLIC UTILITY DISTRICT 1 30950 015 DIS FIFE PUBLIC SCHOOLS 417 35417 SCH FINANCIAL INSTITUTIONS, DEPARTMENT OF 102 AGY FINANCIAL MANAGEMENT, OFFICE OF 105 AGY FIRCREST, CITY OF 22707 CIT Page 5 of 17MCUA Organizations 12/2/2013https://fortress.wa.gov/ga/apps/ContractSearch/MCUAListing.aspx Attachment D FISH AND WILDLIFE, DEPARTMENT OF 477 AGY FORENSIC INVESTIGATION COUNCIL 167 AGY FOREST PRODUCTS COMMISSION 536 CU FOSTER CREEK CONSERVATION ASSN 86542 NON FRANKLIN COUNTY 11100 COU FRANKLIN COUNTY PUBLIC UTILITY DISTRICT 31101 DIS FRANKLIN PIERCE SCHOOL DISTRICT 402 35402 SCH FREEMAN SCH DIST 358 35358 SCH FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD 411 AGY FRIDAY HARBOR, TOWN OF 22801 CIT FRUIT COMMISSION 515 OTH FRYER COMMISSION 520 OTH GAMBLING COMMISSION, WASHINGTON STATE 117 AGY GARFIELD COUNTY 11200 COU GIG HARBOR, CITY OF 22708 CIT GOLDENDALE, CITY OF 22002 CIT GOLDENDALE SCH DIST 404 38404 SCH GONZAGA UNIVERSITY 47004 PSC GOVERNOR, OFFICE OF THE 075 AGY GRAIN COMMISSION 535 OTH GRAND COULEE, CITY OF 21305 CIT GRANDVIEW, CITY OF 23901 CIT GRANDVIEW SCH DIST 116-200 35200 SCH GRANGER SCHOOL DISTRICT 204 36204 SCH GRANITE FALLS, CITY OF 23107 CIT GRANITE FALLS SCHOOL DISTRICT 332 35332 SCH GRANT COUNTY HOUSING AUTHORITY 11300 101 COU GRANT CO 11300 COU GRANT TRANSIT AUTHORITY 11300 037 COU GRANT COUNTY FIRE DISTRICT 5 31302 F05 DIS GRANT COUNTY FIRE DISTRICT 4 31302 F04 DIS GRANT COUNTY PUBLIC UTILITY DISTRICT 31300 DIS GRAYS HARBOR COLLEGE 648 HED GRAYS HARBOR COUNTY 11400 COU GRAYS HARBOR FIRE PROTECTION DISTRICT 5 31401 F05 DIS GRAYS HARBOR COUNTY PUBLIC UTILITY DISTRICT 1 31400 DIS GRAYS HARBOR, PORT OF 41400 POR GREATER COLUMBIA BEHAVIORAL HEALTH 85012 NON GREEN RIVER COMMUNITY COLLEGE 649 HED HARBORVIEW MEDICAL CENTER 39020 ASC HARDWOODS COMMISSION 521 OTH HEALTH CARE AUTHORITY, STATE 107 AGY HEALTH CARE FACILITIES AUTHORITY, WASHINGTON 599 CU HEALTH, DEPARTMENT OF 303 AGY HIGHER EDUCATION FACILITIES AUTHORITY, WASHINGTON 346 CU HIGHLAND WATER DISTRICT 84151 DIS HIGHLINE COMMUNITY COLLEGE 652 HED HIGHLINE WATER DISTRICT 31714 DIS HISPANIC AFFAIRS, WASHINGTON STATE COMMISSION ON 118 AGY HISTORICAL SOCIETY, EASTERN WASHINGTON STATE 395 AGY HISTORICAL SOCIETY, WASHINGTON STATE 390 AGY Page 6 of 17MCUA Organizations 12/2/2013https://fortress.wa.gov/ga/apps/ContractSearch/MCUAListing.aspx Attachment D HOME CARE QUALITY AUTHORITY 302 AGY HOP COMMISSION 522 OTH HOPE SOURCE 85062 NON HOQUIAM CITY OF 21404 CIT HORSE RACING COMMISSION WASHINGTON 185 AGY HOUSE OF REPRESENTATIVES 011 AGY HOUSING AUTHORITY OF GRAYS HARBOR 82506 COU HOUSING FINANCE COMMISSION WASHINGTON STATE 148 CU HUMAN RIGHTS COMMISSION 120 AGY HUNTS POINT, TOWN OF 28014 CIT ILWACO, CITY OF 22501 CIT INCHELIUM SCHOOL DISTRICT 70 35070 SCH INDIAN AFFAIRS, GOVERNORS OFFICE OF 086 AGY INDUSTRIAL INSURANCE APPEALS, BOARD OF 190 AGY INNOVATE WASHINGTON 135 AGY INSTITUTE FOR FAMILY DEVELOPMENT 82526 NON INSURANCE COMMISSIONER, OFFICE OF THE 160 AGY INTERCITY TRANSIT 80124 DIS INVESTMENT BOARD, STATE 126 AGY ISLAND COUNTY HOUSING AUTHORITY 11500 210 COU ISLAND COUNTY 11500 COU I-COM 11500 030 COU ISLAND COUNTY FIRE DISTRICT 1 31500 F01 DIS ISLAND TRANSIT 80329 DIS ISLANDWOOD 84711 PVT ISSAQUAH, CITY OF 21714 CIT ISSAQUAH SCHOOL DISTRICT 411 35411 SCH JEFFERSON COUNTY 11600 COU JEFFERSON COUNTY TRANSIT AUTHORITY 11600 165 COU JEFFERSON COUNTY PUD 31601 DIS JEFFERSON HEALTHCARE 39022 002 ASC JOINT LEGISLATIVE AUDIT AND REVIEW COMMITTEE 014 AGY JOINT LEGISLATIVE SYSTEMS COMMITTEE 038 AGY JOINT TRANSPORTATION COMMITTEE 013 AGY JUDICIAL CONDUCT, WA ST COMM ON 050 AGY KALAMA, CITY OF 20802 CIT KALAMA SCHOOL DISTRICT 402 36040 SCH KALISPEL TRIBE 82414 TRI KELLER SCH DIST 3 38013 SCH KELSO, CITY OF - PUBLIC WORKS DEPT 20803 888 CIT KELSO LONGVIEW TELEVISION 84629 NON KENMORE, CITY OF 80459 CIT KENNEWICK, CITY OF 20302 CIT KENNEWICK IRRIGATION DIST 30306 DIS KENNEWICK SCHOOL DISTRICT 17 36017 SCH KENT, CITY OF 21715 CIT KENT SCHOOL DISTRICT 415 35415 SCH KETTLE FALLS, CITY OF 23303 CIT KEY PENINSULA METRO PARK AND RECREACTION DISTRICT 32301 DIS KING COUNTY 11700 COU KING COUNTY FIRE DISTRICT 28 31700 F28 DIS Page 7 of 17MCUA Organizations 12/2/2013https://fortress.wa.gov/ga/apps/ContractSearch/MCUAListing.aspx Attachment D KING COUNTY FIRE DISTRICT 2 31700 F02 DIS MAPLE VALLEY FIRE AND LIFE SAFETY 31700 F43 DIS KING CO FIRE DISTRICT 20 31700 F20 DIS KING CO PUBLIC HOSPITAL DISTRICT 4 39070 031 ASC KING COUNTY HOUSING AUTHORITY 31698 DIS KING COUNTY LIBRARY 39410 LIB KING COUNTY PUBLIC LAW LIBRARY 39410 062 LIB KING COUNTY WATER SEWER 125 31699 125 DIS KING COUNTY WATER SEWER 111 31699 106 DIS KIRKLAND, CITY OF 21716 CIT KITSAP CO FIRE DISTRICT 18 85425 DIS KITSAP COUNTY 11800 COU KITSAP CO PW/ESD 11800 080 COU KITSAP COUNTY FIRE DISTRICT 7 31803 F07 DIS NORTH KITSAP FIRE & RESCUE 31803 F10 DIS KITSAP COUNTY HEALTH DISTRICT 39330 ASC KITSAP COUNTY LIBRARY 39411 LIB KITSAP COUNTY PUBLIC UTILITY DISTRICT 1 31808 DIS KITSAP TRANSIT 84135 DIS KITTITAS COUNTY 11900 COU KITTITAS CO 911 11900 333 COU KITTITAS CO FIRE DISTRICT 8 31900 F08 DIS KITTITAS RECLAMATION DISTRICT 31899 DIS KLICKITAT COUNTY 12000 COU KLICKITAT COUNTY FIRE DISTRICT 4 12000 F04 COU KLICKITAT COUNTY FIRE DISTRICT 7 12000 F07 COU SKYLINE HOSPITAL 39030 250 ASC KLICKITAT COUNTY PUBLIC UTILITY DISTRICT 32000 DIS LA CENTER, CITY OF 20603 CIT LA CONNER, TOWN OF 22905 CIT LABOR AND INDUSTRIES, WASHINGTON STATE 235 AGY LACEY, CITY OF 23402 CIT LACROSSE, CITY OF 21103 CIT LK CHELAN RECLAMATION DIST 30406 DIS LAKE FOREST PARK, CITY OF 21717 CIT LAKE STEVENS, CITY OF 23109 CIT LAKE STEVENS FIRE 23109 F01 CIT LAKE STEVENS SCHOOL DISTRICT 4 35004 SCH LK STEVENS SEWER DIST 33101 DIS LAKE WASHINGTON SCHOOL DISTRICT 414 35414 SCH LAKE WASHINGTON TECHNICAL COLLEGE 692 HED LAKE WASHINGTON YOUTH SOCCER ASSN 86534 NON LAKE WHATCOM RESIDENTIAL & TREATMENT CENTER 86529 NON LAKE WHATCOM WATER SEWER DIST 85564 DIS LAKEHAVEN UTILITY DISTRICT 31702 DIS LAKEWOOD, CITY OF 25000 CIT LAKEWOOD SCHOOL DISTRICT 306 35306 SCH LAKEWOOD WATER DISTRICT 83542 DIS LAW ENFORCEMENT OFFICERS AND FIRE FIGHTERS RETIREMENT BOARD 341 AGY LAW LIBRARY, STATE 046 AGY LEAVENWORTH, CITY OF 20404 CIT Page 8 of 17MCUA Organizations 12/2/2013https://fortress.wa.gov/ga/apps/ContractSearch/MCUAListing.aspx Attachment D LEGISLATIVE EVAL AND ACCOUNTABILITY PROGRAM COMMITTEE 020 AGY LEGISLATIVE SUPPORT SERVICES 037 AGY LEWIS COUNTY 12100 COU LEWIS COUNTY FIRE DISTRICT 14 32101 F14 DIS LEWIS COUNTY PUBLIC UTILITY DISTRICT 1 32100 DIS TWIN TRANSIT 82430 001 PVT LIBERTY LAKE SEWER AND WATER DISTRICT 33204 DIS LICENSING, WASHINGTON STATE DEPT OF 240 AGY LIEUTENANT GOVERNOR, OFFICE OF THE 080 AGY LIFE SCIENCES DISCOVERY FUND AUTHORITY 356 AGY LINCOLN COUNTY 12200 COU LIQUOR CONTROL BOARD 195 AGY LONGVIEW, CITY OF 20804 CIT LONGVIEW, PORT OF 40602 POR LONGVIEW SCHOOL DISTRICT 122 35122 SCH LOTT CLEAN WATER ALLIANCE 82237 NON LOTTERY COMMISSION, WASHINGTON STATE 116 AGY LOWER COLUMBIA COLLEGE 657 HED LUMMI INDIAN NATION 1005 TRI LYMAN, TOWN OF 20504 CIT LYNDEN, CITY OF 23705 CIT LYNDEN SCHOOL DISTRICT 504 84326 SCH LYNNWOOD, CITY OF 23110 CIT LYNNWOOD PUBLIC FACILITIES DISTRICT 82783 DIS MANSON PARKS & RECREATION DISTRICT 60370 OTH MAPLE VALLEY, CITY OF 28001 CIT MARYSVILLE, CITY OF 23111 CIT MARYSVILLE SCHOOL DISTRICT 25 35025 SCH MASON COUNTY TRANSIT AUTHORITY 12300 177 COU MASON CO - SHERIFF 12300 174 COU MASON COUNTY 12300 COU MACECOM - MASON CO - EMERGENCY SERVICES 12300 181 COU MASON COUNTY CONSERVATION DISTRICT 32303 DIS MASON COUNTY FIRE DISTRICT 4 32300 F04 DIS MASON COUNTY FIRE DISTRICT 2 32300 F02 DIS MASON COUNTY GENERAL HOSPITAL 39027 ASC MASON COUNTY PUBLIC UTILITY DISTRICT 3 32302 172 DIS MASON COUNTY PUBLIC UTILITY DISTRICT 1 32302 173 DIS MATTAWA, TOWN OF 21308 CIT MEAD SCHOOL DISTRICT 354 35354 SCH MEDICAL LAKE, CITY OF 23206 CIT MEDICAL LAKE SCHOOL DISTRICT 326 35326 SCH MERCER ISLAND, CITY OF 21719 CIT METRO PARKS TACOMA 32717 DIS MID COLUMBIA LIBRARY 39405 LIB MIDWAY SEWER DISTRICT 31716 DIS INSPIRE DEVELOPMENT CENTERS 82701 010 NON MILITARY DEPARTMENT, WASHINGTON STATE 245 AGY MILL CREEK, CITY OF 23119 CIT MILTON, CITY OF - POLICE DEPARMENT 22709 001 CIT MINORITY AND WOMENS BUSINESS ENTERPRISE, OFFICE OF 147 AGY Page 9 of 17MCUA Organizations 12/2/2013https://fortress.wa.gov/ga/apps/ContractSearch/MCUAListing.aspx Attachment D MINT COMMISSION 528 OTH MONROE, CITY OF 23112 CIT MONTESANO, CITY OF 21406 CIT MONTESANO SCHOOL DISTRICT 66 35066 SCH MORNINGSIDE 80290 NON MOSES LAKE, CITY OF 21309 CIT MOSES LK IRRIG & REHAB DIST 30981 DIS MOSES LAKE SCH DIST 161 35161 SCH MOSSYROCK SCHOOL DISTRICT 206 36206 SCH MOUNT VERNON, CITY OF 22907 CIT MT VERNON SCH DIST 320 36320 SCH MOUNTLAKE TERRACE, CITY OF 23113 CIT MUKILTEO, CITY OF 23114 CIT MUKILTEO SCHOOL DISTRICT 6 35006 SCH MUKILTEO WATER AND WASTEWATER DISTRICT 33105 DIS MUNICIPAL RESEARCH COUNCIL 144 AGY NACHES SELAH IRRIGATION DISTRICT 33904 DIS NACHES VALLEY SCH DIST 3 35003 SCH NATURAL RESOURCES, DEPARTMENT OF 490 AGY NEWCASTLE, CITY OF 21813 CIT NEWPORT, CITY OF 22605 CIT NOOKSACK, CITY OF 22110 CIT NORTH BEND, CITY OF 21722 CIT NORTH BEACH WATER DISTRICT 34251 DIS NORTH CENTRAL REGIONAL LIBRARY DISTRICT 39404 LIB NORTH COUNTRY EMS 30605 DIS NORTH COUNTY REGIONAL FIRE AUTHORITY 85794 DIS NORCOM 84802 001 COU NORTH FRANKLIN SCHOOL DISTRICT 35162 SCH NORTH HIGHLINE FIRE DISTRICT 82174 DIS NO KITSAP SCH DIST 400 35413 SCH NORTH OLYMPIC LIBRARY SYSTEM 39501 LIB NORTH PERRY AVENUE WATER DISTRICT 31799 DIS NORTH THURSTON SCHOOL DISTRICT 3 36003 SCH NORTHSHORE SCHOOL DIST 417 36417 SCH NORTHSHORE UTILITY DISTRICT 82720 DIS NORTHWEST CLEAN AIR AGENCY 32901 DIS NW IMMIGRANT RIGHTS PROJECT 82536 NON NORTHWEST JUSTICE PROJECT 85098 NON NW OPEN ACCESS NETWORK 86573 NON NORTHWEST REGIONAL COUNCIL 50086 NON OAK HARBOR, CITY OF 21503 CIT OAK HARBOR SCH DIST 201 35201 SCH OCEAN SHORES, CITY OF 21409 CIT ODESSA, CITY OF 22205 CIT STUDENT FINANCIAL ASSISTANCE, OFFICE OF 382 AGY OKANOGAN COUNTY 12400 COU OKANOGAN COUNTY FIRE DISTRICT 6 32399 F06 DIS OKANOGAN COUNTY FIRE DISTRICT 3 32399 F03 DIS OKANOGAN COUNTY PUBLIC UTILITY DISTRICT 1 32398 001 DIS OKANOGAN SCH DIST 105 80199 SCH Page 10 of 17MCUA Organizations 12/2/2013https://fortress.wa.gov/ga/apps/ContractSearch/MCUAListing.aspx Attachment D OLYMPIA, CITY OF 23403 CIT OLYMPIA DOWNTOWN ASSOCIATION 82348 NON OLYMPIA, PORT OF 43400 POR OLYMPIA SCHOOL DISTRICT 111 35111 SCH OLYMPIC AREA AGENCY ON AGING 83263 MSC OLYMPIC COLLEGE 662 HED OLYMPIC MEDICAL CENTER-DIST 2 39034 ASC OLYMPIC VIEW WATER & SEWER DIST 33106 DIS OMAK, CITY OF 22407 CIT OMAK SCH DIST 19 35019 SCH ONALASKA SCHOOL DISTRICT 300 38003 SCH ORONDO SCHOOL DISTRICT 13 35013 SCH OROVILLE, CITY OF 22408 CIT ORTING, CITY OF 22710 CIT ORTING SCHOOL DISTRICT 344 35344 SCH OTHELLO, CITY OF 20103 CIT PACIFIC, CITY OF 21723 CIT PACIFIC COUNTY PROSECUTING ATTORNEYS OFFICE 12500 235 COU PACIFIC COUNTY 12500 COU PACIFIC COUNTY FIRE DISTRICT 4 32500 F04 DIS PACIFIC COUNTY FIRE DISTRICT 1 32500 F01 DIS PACIFIC CO FIRE DIST DISTRICT 3 32500 F03 DIS PARKS AND RECREATION COMMISSION, WASHINGTON STATE 465 AGY PASCO, CITY OF 21104 CIT PASCO SCHOOL DISTRICT 1 35001 SCH STATE PATROL, WASHINGTON 225 AGY PEND OREILLE COUNTY 12600 COU PEND OREILLE COUNTY PUBLIC UTILITY DISTRICT 32600 DIS PEND OREILLE, PORT OF 42600 POR PENINSULA COLLEGE 665 HED PENINSULA METROPOLITAN PARK DISTRICT 84401 DIS PENINSULA SCHOOL DISTRICT 401 35609 SCH PEOPLE FOR PEOPLE 84468 NON PIERCE COLLEGE 637 HED PIERCE COUNTY 12700 COU PIERCE COUNTY FIRE DISTRICT 16 32700 F16 DIS PIERCE COUNTY FIRE DISTRICT 22 32700 F22 DIS PIERCE COUNTY FIRE DISTRICT 6 32700 F06 DIS PIERCE TRANSIT 82262 OTH PILOTAGE COMMISSIONERS, BOARD OF 205 AGY PIONEER HUMAN SERVICES 82277 NON POLLUTION LIABILITY INSURANCE PROGRAM, WASHINGTON 462 AGY PORT ANGELES, CITY OF 20502 CIT PORT ANGELES SCHOOL DISTRICT 121 35121 SCH PT GAMBLE SKLALLAM TRIBE 1015 TRI PORT MADISON ENTERPRISES 86500 PVT PORT ORCHARD, CITY OF 21802 CIT PORT TOWNSEND, CITY OF 21601 CIT POTATO COMMISSION 525 OTH POULSBO, CITY OF 21803 CIT PROSSER, CITY OF 20303 CIT Page 11 of 17MCUA Organizations 12/2/2013https://fortress.wa.gov/ga/apps/ContractSearch/MCUAListing.aspx Attachment D PUBLIC DEFENSE, OFFICE OF 056 AGY PUBLIC DISCLOSURE COMMISSION 082 AGY PUBLIC EMPLOYMENT RELATIONS COMMISSION 275 AGY PUBLIC INSTRUCTION, SUPERINTENDENT OF 350 AGY PUGET SOUND CLEAN AIR AGENCY 31712 DIS PUGET SOUND GILLNET SALMON COMMISSION 524 OTH PUGET SOUND PARTNERSHIP 478 AGY PUGET SOUND REGIONAL COUNCIL 85056 MSC PULLMAN, CITY OF 23812 CIT PUYALLUP, CITY OF 22711 CIT PUYALLUP SCHOOL DIST 3 37003 SCH QUILLAYUTE VAL SCH DIST 402 38402 SCH QUINCY, CITY OF 21310 CIT QUINCY COLUMBIA BASIN IRRIGATION DISTRICT 31305 DIS RAINIER, TOWN OF 23404 CIT RASPBERRY COMMISSION 529 OTH RECREATION & CONSERVATION FUNDING BOARD 467 AGY REDISTRICTING COMMISSION 091 AGY REDMOND, CITY OF 21724 CIT RENTON, CITY OF 21725 CIT RENTON SCHOOL DISTRICT 403 37403 SCH RENTON TECHNICAL COLLEGE 693 HED RETIREMENT SYSTEMS, DEPARTMENT OF 124 AGY REVENUE, DEPARTMENT OF 140 AGY RICHLAND, CITY OF 20304 CIT RICHLAND SCHOOL DISTRICT 400 37400 SCH RIDGEFIELD, CITY OF 20604 CIT RIDGEFIELD SCHOOL DISTRICT 122 36122 SCH RIVERCOM 911 83578 MSC RIVERSIDE FIRE AUTHORITY 32102 DIS RIVERVIEW SCHOOL DISTRICT 407 35407 SCH ROYAL CITY, CITY OF 21311 CIT ROZA IRRIGATION DISTRICT 80258 DIS RYTHER CHILD CENTER 83784 NON SAINT JOHN SCHOOL DISTRICT 322 35322 SCH SALARIES FOR ELECTED OFFICIALS, WA CITIZENS COMM ON 099 AGY SAMMAMISH, CITY OF 82276 CIT SAMMAMISH WATER AND SEWER DISTRICT 31704 DIS SAN JUAN COUNTY PUBLIC WORKS DEPARTMENT 12800 152 COU SAN JUAN COUNTY 12800 COU SAN JUAN EMS & MEDEVAC 85340 001 ASC SEATAC, CITY OF 22850 CIT SEATTLE, CITY OF 21726 CIT SEATTLE COMMUNITY COLLEGE DISTRICT 6 670 HED SEATTLE HOUSING AUTHORITY 84914 MSC SEATTLE PACIFIC UNIVERSITY 80296 PSC SEATTLE, PORT OF 41700 POR SECRETARY OF STATE, OFFICE OF 085 AGY SEDRO WOOLLEY, CITY OF 22908 CIT SEDRO WOOLLEY SCHOOL DISTRICT 101 36101 SCH SEED POTATO COMMISSION 530 OTH Page 12 of 17MCUA Organizations 12/2/2013https://fortress.wa.gov/ga/apps/ContractSearch/MCUAListing.aspx Attachment D SELAH, CITY OF 23907 CIT SELAH SCHOOL DISTRICT 119 35119 SCH SELAH-MOXEE IRRIGATION DISTRICT 32907 DIS SENATE 012 AGY SEQUIM, CITY OF 20503 CIT SHELTON, CITY OF 22301 CIT SHOALWATER BAY TRIBE 80292 DIS SHORELINE, CITY OF 21700 CIT SHORELINE COMMUNITY COLLEGE 672 HED SHORELINE FIRE DEPARTMENT 31710 DIS SHORELINE SCHOOL DISTRICT 412 35412 SCH SILVERLAKE WATER 31402 DIS SKAGIT 911 85587 DIS SKAGIT COUNCIL OF GOVERNMENTS SKOG 85559 OTH SKAGIT COUNTY PUBLIC HEALTH DIST 12900 999 COU SKAGIT COUNTY TRANSIT SYSTEM 12900 001 COU SKAGIT COUNTY 12900 COU SKAGIT COUNTY FIRE DISTRICT 8 32900 F08 DIS SKAGIT CO HOUSING AUTH 32899 DIS SKAGIT CO, PORT OF 42901 POR SKAGIT COUNTY PUBLIC UTILITY DISTRICT 1 32902 DIS SKAGIT VALLEY COLLEGE 674 HED SKAGIT VALLEY HOSPITAL 83583 MSC SKAMANIA COUNTY PUBLIC WORKS ENGINEERING OFFICE 13000 006 COU SKAMANIA CO FIRE DISTRICT 33001 F03 DIS SKAMANIA COUNTY, PORT OF 43000 POR SKOKOMISH TRIBAL COUNCIL 1017 TRI SNOHOMISH, CITY OF 23115 CIT SNOHOMISH COUNTY 13100 COU SNOHOMISH COUNTY COMMUNICATION 84498 PVT SNOHOMISH COUNTY FIRE DISTRICT 1 33103 F01 DIS SNOHOMISH COUNTY FIRE DISTRICT 4 33103 F04 DIS SNOHOMISH COUNTY FIRE DISTRICT 21 33103 F21 DIS SNOHOMISH COUNTY FIRE DISTRICT 3- MONROE FIRE 33103 F03 DIS SNOHOMISH COUNTY FIRE DISTRICT - DIST 17- GRANITE FALLS FD 33103 F17 DIS SNOHOMISH COUNTY PUD 33104 DIS SNOHOMISH HEALTH DISTRICT 39041 DIS SNOHOMISH SCHOOL DISTRICT 201 36201 SCH SNOPAC 911 84505 PVT SNOQUALMIE, CITY OF 21728 CIT SNOQUALMIE VALLEY SCHOOL DISTRICT 410 35410 SCH SOCIAL AND HEALTH SERVICES, DEPARTMENT OF 300 AGY SOOS CREEK WATER AND SEWER DISTRICT 31711 DIS SOUND TRANSIT 34703 DIS SOUTH BEND SCHOOL DISTRICT 118 35118 SCH SOUTH CORRECTIONAL ENTITY 85271 MSC SOUTH KITSAP SCHOOL DISTRICT 402 36402 SCH SOUTH PUGET SOUND COMMUNITY COLLEGE 675 HED SOUTH SOUND 911 85818 DIS SOUTH WHIDBEY FIRE EMS 86548 DIS SOUTH WHIDBEY PARKS & RECREATION 84367 COU Page 13 of 17MCUA Organizations 12/2/2013https://fortress.wa.gov/ga/apps/ContractSearch/MCUAListing.aspx Attachment D SOUTH WHIDBEY SCHOOL DISTRICT 206 35206 SCH SOUTHWEST CLEAN AIR AGENCY 30602 DIS SPECIAL APPROPRIATIONS TO THE GOVERNOR 076 AGY SPOKANE, CITY OF - HOUSING AUTHORITY 23210 050 CIT SPOKANE, CITY OF - TRANSIT AUTHORITY 23210 100 CIT SPOKANE, CITY OF 23210 CIT SPOKANE COUNTY 13200 COU SPOKANE COUNTY FIRE DISTRICT 9 33200 F09 DIS SPOKANE COUNTY FIRE DISTRICT 8 33200 F08 DIS SPOKANE COUNTY FIRE DISTRICT 10 33200 F10 DIS SPOKANE CO FIRE DISTRICT 4 33200 F04 DIS SPOKANE COUNTY LIBRARY 39480 LIB SPOKANE INTERNATIONAL AIRPORT 43200 POR SPOKANE NEIGHBORHOOD ACTION PROGRAMS 83979 NON SPOKANE REGIONAL HEALTH DISTRICT 39046 ASC SPOKANE SCHOOL DISTRICT 81 35081 SCH SPOKANE VALLEY, CITY OF 83270 CIT SPOKANE VALLEY FIRE DEPARTMENT 85790 DIS STADIUM AND EXHIBITION CENTER DISTRICT 727 CU STANWOOD, CITY OF 23116 CIT STATE REVENUE FOR DISTRIBUTION 001 AGY STATUTE LAW COMMITTEE 040 AGY STEILACOOM, TOWN OF 22715 CIT STEVENS COUNTY - DEPT OF PUBLIC WORKS 13300 055 COU STEVENS COUNTY PUBLIC UTILITY DISTRICT 33301 DIS STEVENSON, CITY OF 23002 CIT STILLAGUAMISH TRIBE OF INDIANS 82569 TRI STRAWBERRY COMMISSION 526 OTH STUDENT ACHIEVEMENT COUNCIL 340 AGY SULTAN SCHOOL DISTRICT 311 35031 SCH SUMAS, CITY OF 23707 CIT SUMMIT TO SOUND SEARCH & RESCUE 86566 NON SUMNER, CITY OF 22716 CIT SUMNER SCHOOL DISTRICT 320 35320 SCH SUNNYSIDE, CITY OF - HOUSING AUTHORITY 23908 010 CIT SUNNYSIDE DIVISION - BOARD OF CONTROL 23908 111 CIT SUNNYSIDE VALLEY IRRIGATION DIST 33903 DIS SUPREME COURT, WASHINGTON STATE 045 AGY SWINOMISH TRIBE 1028 TRI TACOMA, CITY OF 22717 CIT TACOMA COMMUNITY COLLEGE 678 HED TACOMA GOODWILL INDUSTRIES 82531 NON TACOMA, PORT OF 42701 POR TACOMA SCHOOL DISTRICT 10 36010 SCH TAHOMA SCHOOL DISTRICT 409 35409 SCH TAMARACK CENTER 85196 NON TAX APPEALS, BOARD OF 142 AGY TENINO, CITY OF 23405 CIT THURSTON 911 COMMUNICATIONS 85227 NON THURSTON COUNTY 13400 COU THURSTON COUNTY FIRE DISTRICT 9 33400 F09 DIS Page 14 of 17MCUA Organizations 12/2/2013https://fortress.wa.gov/ga/apps/ContractSearch/MCUAListing.aspx Attachment D THURSTON COUNTY FOOD BANK 82373 NON THURSTON REGIONAL PLANNING COUNCIL 75307 MSC TOBACCO SETTLEMENT AUTHORITY 304 CU TOLEDO, CITY OF 22107 CIT TOPPENISH, CITY OF 23910 CIT TOPPENISH SCHOOL DISTRICT 202 36202 SCH TRAFFIC SAFETY COMMISSION, WASHINGTON STATE 228 AGY TRANSPORTATION COMMISSION 410 AGY TRANSPORTATION, DEPARTMENT OF 405 AGY TRANSPORTATION IMPROVEMENT BOARD 407 AGY TREASURER, OFFICE OF THE STATE 090 AGY TREE FRUIT RESEARCH COMMISSION 533 OTH TRI COUNTY ECONOMIC DEVELOPMENT DISTRICT 84489 COU TUKWILA, CITY OF 21729 CIT TUMWATER, CITY OF 23406 CIT TUMWATER SCHOOL DISTRICT 33 35033 SCH TURF GRASS SEED COMMISSION 532 OTH UNION GAP, CITY OF 23911 CIT UNION GAP IRRIGATION DISTRICT 34800 DIS UNIVERSITY OF PUGET SOUND 80268 PSC UNIVERSITY OF WASHINGTON 360 HED UNIVERSITY PLACE, CITY OF 22726 CIT UTILITIES AND TRANSPORTATION COMMISSION 215 AGY VADER ,CITY OF 22108 CIT VALLEY VIEW SEWER DIST 31709 DIS VALLEY COMMUNICATION CENTER - E 911 PROJECT FACILITY 82533 001 MSC VALLEY REGIONAL FIRE AUTHORITY 31717 DIS VALLEY TRANSIT 43601 POR VALLEY WATER DIST 82183 DIS VANCOUVER, CITY OF 20605 CIT VANCOUVER, PORT OF 40501 POR VANCOUVER SCHOOL DISTRICT #37 35037 SCH VERA IRRIGATION 32904 DIS VETERANS AFFAIRS, WASHINGTON STATE DEPARTMENT OF 305 AGY VILLAGE COMMUNITY SERVICES 86263 NON VOLUNTEER FIREFIGHTERS, BOARD FOR 220 AGY WAHKIAKUM CO 13500 COU WALLA WALLA, CITY OF 23604 CIT WALLA WALLA, CITY OF - HOUSING AUTHORITY 23604 005 CIT WALLA WALLA CO FIRE DISTRICT 4 33600 F04 DIS WALLA WALLA COMMUNITY COLLEGE 683 HED WALLA WALLA COUNTY 13600 COU WALLA WALLA, PORT OF 43600 POR WALLA WALLA SCHOOL DISTRICT 140 35140 SCH WALLA WALLA UNIVERSITY 82173 NON WAPATO, CITY OF 23912 CIT WARDEN, CITY OF 21313 CIT WARDEN SCHOOL DISTRICT 35146 SCH WASHINGTON CHARTER SCHOOL COMMISSION 359 AGY WASHINGTON COUNTIES RISK POOL 75003 ASC WASHINGTON MATERIALS MANAGEMENT AND FINANCING AUTHORITY 412 CU Page 15 of 17MCUA Organizations 12/2/2013https://fortress.wa.gov/ga/apps/ContractSearch/MCUAListing.aspx Attachment D WASHINGTON SCHOOLS RISK MANAGEMENT POOL 80377 MSC WASHINGTON STATE CONVENTION CENTER 85337 DIS WASHINGTON STATE TRAINING AND CONFERENCE CENTER 82499 AGY TRANSIT INSURANCE POOL, WA STATE 80373 MSC WASHINGTON STATE UNIVERSITY 365 HED WASHOUGAL, CITY OF 20606 CIT WATER AND SEWER RISK MANAGEMENT POOL 80375 MSC WATERVILLE, CITY OF 20608 CIT WENATCHEE, CITY OF 20405 CIT WENATCHEE SCHOOL DISTRICT 246 35246 SCH WENATCHEE VALLEY COLLEGE 686 HED WEST RICHLAND, CITY OF 20305 CIT WEST VALLEY SCHOOL DISTRICT 208 (YAKIMA)35208 SCH WEST VALLEY SCHOOL DISTRICT 363 (SPOKANE)35363 SCH WESTERN WASHINGTON UNIVERSITY 380 HED WESTPORT, CITY OF 21408 CIT WHATCOM CO FIRE DISTRICT 1 33700 F01 DIS WHATCOM CO FIRE DISTRICT 5 33700 F05 DIS WHATCOM CO FIRE DISTRICT 7 33700 F07 DIS WHATCOM CO FIRE DISTRICT 8 33700 F08 DIS WHATCOM COMMUNITY COLLEGE 621 HED WHATCOM CONSERVATION DISTRICT 82096 DIS WHATCOM COUNTY HOUSING AUTHORITY 13700 H01 COU WHATCOM COUNTY 13700 COU WHATCOM COUNTY TRANSPORTATION AUTHORITY 13700 015 COU WHATCOM COUNTY PUBLIC UTILITY DISTRICT 1 33701 020 DIS WHATCOM COUNTY RURAL LIBRARY DISTRICT 39700 LIB WHITE RIVER SCHOOL DISTRICT 416 36416 SCH WHITE SALMON, CITY OF - POLICE DEPARTMENT 22003 002 CIT WHITMAN COLLEGE 84975 PSC WHITMAN COUNTY 13800 COU WILBUR, TOWN OF 23602 CIT WILLAPA HARBOR, PORT OF 42502 POR WILLAPA VALLEY WATER DISTRICT 82109 DIS WINE COMMISSION 534 OTH WOODINVILLE, CITY OF 22207 CIT WOODLAND, CITY OF 20805 CIT WOODLAND, PORT OF 40801 POR WOODLAND SCHOOL DISTRICT 404 84335 SCH WOODWAY, TOWN OF 23118 CIT WORKFORCE TRAINING AND EDUCATION COORDINATING BOARD 354 AGY YACOLT, TOWN OF 20600 CIT YAKIMA, CITY OF 23913 CIT YAKIMA COUNTY JOINT CONTROL BOARD 13900 090 COU YAKIMA COUNTY 13900 COU YAKIMA COUNTY FIRE DISTRICT 1 33900 F01 DIS YAKIMA COUNTY FIRE DISTRICT 5 33900 F05 DIS YAKIMA COUNTY REGIONAL LIBRARY 39490 LIB YAKIMA SCHOOL DISTRICT 7 35007 SCH YAKIMA VALLEY COLLEGE 691 HED YAKIMA-TIETON IRRIGATION DISTRICT 33913 DIS Page 16 of 17MCUA Organizations 12/2/2013https://fortress.wa.gov/ga/apps/ContractSearch/MCUAListing.aspx Attachment D © Copyright 2012 Department of Enterprise Services YELM, CITY OF 23400 CIT YELM COMMUNITY SCHOOL DISTRICT 2 35611 SCH SOUTH SOUND YMCA 50141 111 NON YMCA OF GREATER SEATTLE 50142 NON YOUTH EASTSIDE SERVICES 82145 NON ZILLAH, CITY OF 23914 CIT Page 17 of 17MCUA Organizations 12/2/2013https://fortress.wa.gov/ga/apps/ContractSearch/MCUAListing.aspx Attachment D AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Reappointment of Shawn Dinkuhn to the Planning Commission Study Session Date: December 11, 2013 COUNCIL MEETING Date: December 18, 2013 Department: Executive Presenter: Mayor Lent Phone: 473.5266 SUMMARY: Sawntel (Shawn) Dinkuhn was originally appointed to the Planning Commission in November 2012 to fill an unexpired term that ends December 31, 2013. She has been selected for reappointment and her new term expiration date will be December 31, 2013. ATTACHMENTS: Mrs. Dinkuhn’s application for appointment is available in the Mayor’s Office. FISCAL IMPACTS (Include Budgeted Amount): No fiscal impacts. STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to appoint Shawn Dinkuhn to the Planning Commission with a term that will end December 31, 2017. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/25/13 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: 2014 Property Insurance Renewal Study Session Date: December 11, 2013 COUNCIL MEETING Date: December 18, 2013 Department: City Attorney’s Office – Risk Management Presenter: Thelma Swem Phone: 360-473-5302 SUMMARY: The Bremerton Municipal Code authorizes the Risk Management Specialist, with the approval of the City Attorney, to bind property insurance coverage on City assets and requires City Council approval for the continuation of the bound coverage. Property insurance coverage for 2014 has been bound with Lexington Insurance Company. The annual premium for 2014 is $287,801.52. Coverage is subject to a $100,000 deductible for most losses. Earthquake and flood insurance is only provided for the Wastewater Treatment Plant, the Harborside Conference Center, the Harborside Sculptures and Fountains, and PSNS Memorial Plaza. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): Sufficient funds have been budgeted in the Risk Management Fund for this expenditure for 2014. STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve continuation of property insurance bound with Lexington Insurance Company for 2014. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/25/13 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase Agreement with Trebron Company, Inc. for Barracuda Backup Solution. Study Session Date: December 11, 2013 COUNCIL MEETING Date: December 18, 2013 Department: Finance/IT Presenter: Kevin Matthew Phone: 473-5473 SUMMARY: Barracuda Backup is an integrated local and offsite data backup and disaster recovery solution. It is an all-inclusive solution that provides software, storage, replication, and support for both physical and virtual backups. The City of Bremerton’s data will be protected on a local appliance while Barracuda replication technology allows that data to be securely transmitted and stored within the Barracuda Cloud Storage Service on a remote Barracuda Backup server. This purchase agreement, totaling $41,514.00 is for the purchase of the local Barracuda 690 Backup Appliance with 5 years of support (“Instant Replacement” and “Energizer Updates”) service and 5 years of “Unlimited Cloud Storage” service. This system will replace the aging Symantec BackupExec software, Dell Storage Server and Quantum Tape Library that is our current system. ATTACHMENTS: 1) Purchase Agreement with Trebron Company, Inc. for the purchase of a Barracuda Backup appliance, 5 years support and 5 years Unlimited Cloud storage service. 2) Backup System upgrade business case. FISCAL IMPACTS (Include Budgeted Amount): The total anticipated cost of this project is $41,514.00. The purchase of the hardware appliance ($9,000.00) is included in the Information Technology 2014 budget. The first year professional support payment in the amount of $10,838.00 is included in the Information Technology 2014 budget. The second and third payments, in the amount of $10,838.00 each will be budgeted in subsequent years. There will be no cost in the fourth and fifth years of the support agreement. STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to accept the purchase agreement with Trebron Company, Inc. in the amount of $41,514.00 and authorize the Mayor to finalize and execute the Trebron Company Purchase Agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 Seattle, WA (Corporate) 5506 35th Ave NE, Seattle, WA 98105 | Office (206) 527-3477 | Fax (206) 527-4288 Spokane, WA Office (800) 499-3079 | Fax (206) 527-4288 Springfield, MO Office (417) 473-9199 | Fax (206) 527-4288 Page 1 of 2 www.trebron.com Date: October 25, 2013 Buyer: City of Bremerton Trebron Account Executive: Scott Griffin Trebron Company, Inc. 5506 35th Ave. N.E. Seattle, WA 98105 Mailing 345 6th Street Suite 600 Telephone: 360-275-9100 Direct Address: Bremerton, WA 98337-1873 Telephone: 206-527-3477 Corporate Telephone: 800-499-3079 Toll Free Email: sgriffin@trebron.com Purchase Agreement 5 Years – With Unlimited Cloud The Parties hereto, Buyer, City of Bremerton and Seller, Trebron Company, Inc. hereby agree as follows: 1. Description: Buyer agrees to purchase from Seller, “Product” as listed in the table below for $41,514.00 (Forty One Thousand Five Hundred Fourteen United States Dollars and 00/100), plus applicable shipping costs & sales tax, unless Buyer is exempt from the payment of such tax and provides Seller with evidence of such exemption. Qty (Users) Included Components Term (Months) Total Price ($USD) 1 Barracuda Backup 690 Appliance - $9,000.00 1 Barracuda Backup 690 Support Bundle for 3 Years 60 $14,398.00 1 Barracuda Backup 690 Unlimited Cloud for 3 Years 60 $18,116.00 2. Payment: To be made to Seller in three annual installments. The first payment of $19,838.00 is due on or before January 1, 2014. The second payment of $10,838.00 is due on or before January 1, 2015. The third and final payment of $10,838.00 is due on or before January 1, 2016. Payment Terms are net thirty (30) days. All payments shall be by check made payable to Trebron Company, Inc. at the address listed above. 3. Term: Buyer’s license for the product expires on approx. 11-30-2018 (5 years). 4. Representations: Buyer understands that Seller is a reseller of hardware and software products. Buyer acknowledges that it has not relied on any representations by Seller and has inde pendently investigated the products and determined the suitability of the products for Buyer’s intended purposes. 5. Warranty: Seller shall pass through to Buyer any original manufacturers’ warranties for Product acquired by Seller for Buyer, including Licensor’s warranties for Product. Except for the foregoing, Seller shall deliver the Product “as is” and Seller makes no other warranty, express or implied, including any warranty of merchantability or fitness for a particular purpose. 6. Limitation of Liability: Under no circumstances will Seller be liable for any incidental, indirect, special or consequential damages from Buyer or any third party, including damages for lost reven ue, profits, data or use even if Seller has been advised of the possibility of such damages. In no event shall Seller’s entire liability under this agreement exceed the pri ce of the products under this Agreement. 7. Indemnification: Buyer shall defend, indemnify and hold harmless Seller, it’s employees and agents from and against all damages, claims and liabilities of every nature whatsoever, including, but not limited to, reasonable legal expenses, arising in connection with or out of the improper or unauthorized operation use or repair of the products furnished to Buyer. 8. Late Fees: Late payments shall accrue interest beginning from the payment date at a rate of eighteen percent (18%) per annum, or at the maximum allowable legal rate whichever is lower. In the event that any payment or amount owed is more than ninety (90) days past due, in addition to accrued fees and costs, Seller may declare the entire amount due and owing. Buyer’s failure to pay under this agreement may result in termination of Buyer’s software license. Page 2 of 2 9. Cancellation: Once Seller has accepted Buyer’s order Buyer cannot cancel the agreement, in whole or in part, without Seller’s express written consent. Such cancellation is conditioned upon Buyer’s reimbursement to seller for all costs incurred by Seller in connection with the order up to the time of cancellation including, but not limited to, Seller’s cost for cancellation. 10. Attorneys’ Fees: In the event any cost or expense, including reasonable attorney’s fees (“Costs”) are incurred in the enforcement of this Agreement, the prevailing party shall be entitled, in addition to damages, to reimbursement for all such Costs. 11. Governing Law: This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. Venue for any and all actions shall be in the state of or federal courts, King County, Washington. 12. Software: Buyer will negotiate all software license provisions of Product directly with the Licensor. 13. Miscellaneous: This Agreement must be executed on or before 10-31-13 or it becomes void. 14. Waiver: The waiver of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach and shall be effective only if in writing. 15. Severability: If any provision of this Agreement is deemed invalid or unenforceable, the other provisions of this Agreement shall remain in full force and effect. 16. Entire Agreement: This Agreement constitutes the entire Agreement of the parties and may not be amended or superseded except in writing signed by the parties. Date: ____________ Date: _____________ Trebron Company, Inc. City of Bremerton __________________________ Signature Signature Norbert van Dam Printed Name Printed Name President Title Title Must be signed by an authorized representative of Buyer Billing Information: Do you accept invoices via E-mail? Y N Accounts Payable Contact (Please Print) E-mail Phone Backup System Objectives: Objective #1: Restore user files due to accidental deletion or corruption. Objective #2: Recover servers due to hardware failure. Objective #3: Provide full systemic disaster recovery (DR) for business continuity. Current process: Disk to Disk to Tape Backup methodology. Business data is stored on the disks of our network server file shares. This data is copied to the disks on the Backup Storage Server. Once a week, the Backup Storage Server data is encrypted and written to physical tape which is delivered, via courier, to off-site storage. Full backups every weekend. Backup file changes only during the week. Windows 2003 Server backed up through Agents Exchange 2003 Server backed up through Agents SQL Server backed up through Agents Unix/Windows 2008 Servers backed up through file shares VMWare Hypervisor not backed up. Current challenges: Physical Tapes are not reliable. Tape Library is old and prone to failure. We carry a $1200/year maintenance agreement on the device. Backup server is 5 years old and is at “end of life”. Backup software is out of date. Current solution works well for Windows 2003 devices. Not so much for other devices. Any restore that requires data from the off-site tapes will result in up to one weeks of data loss. With our present data volume our full system backups, at times, will run into the start of business on Monday. Current Environment: Dell PowerVault NF500 Server (acquired November 2008) Win2k3R2 Storage Server OS 4 Gig RAM Single Xeon 1.86GHz processor 4 TB Local Disk 4 TB Remote SAN Quantum SuperLoader 3 – Multi-tape Library Symantec Backupexec 11d for Windows Servers Proposal: Barracuda Backup Appliance Model 690. Disk to Disk to Cloud backup methodology. Business data is stored on the disks of our network server file shares. This data is copied to the disks on the Barracuda Appliance. Data will then be de-duplicated, encrypted and transferred to the Barracuda Cloud Storage facility. How the project relates to the City’s Backup System Objectives. Objective #1: Restore user files due to accidental deletion or corruption. When restoring file share data through the Barracuda web interface, you can restore one file at a time, a single directory, or an entire share. This works well when you only need to restore a few documents. Objective #2: Recover servers due to hardware failure. Bare Metal recovery is the process of restoring data to a computer that has no software installed. In a typical Windows restore, without the ability to restore to "Bare Metal", the operating system must first be installed and then data can be replaced. Depending on what a system administrator has ready, Bare Metal Recovery can considerably reduce the amount of time it takes a server to get up and running. This feature not only enhances disaster recovery, but gives you better business continuity. Objective #3: Provide full systemic disaster recovery (DR) for business continuity. As long as the Barracuda Backup Appliance survived the disaster, then each server asset that was lost can be restored using a combination of the services listed for the first 2 objectives. If the appliance did not survive, Barracuda Tech support will provision a new appliance with the City of Bremerton’s configuration and then pre-load it with the latest backup version stored in their cloud, and then ship the unit to us. Once it arrives, it will be immediately ready to begin server restorations. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Appointment of a Senior Planner in Community Development at a step higher than Rate 1 in Pay Band 11 of Management, Professional, Confidential & Fiduciary Salary Plan 2014. Study Session Date: December 11, 2013 COUNCIL MEETING Date: December 18, 2013 Department: DCD Presenter: Andrea L. Spencer Phone: 360.473.5283 SUMMARY: The Director of Community Development proposes to fill the vacant Senior Planner position that was established with the adoption of the 2014 budget with Allison Daniels, a current city staff member who has worked for DCD since 2007. Allison has a demonstrated track record with the city with both successful permit review and project management and an exceptional ability to work with our varied customers. The Director has negotiated salary compensation with Ms. Daniels and proposes making this appointment at Rate 5 of Pay Band 11. Pursuant to the promotion provisions contained in BMC 2.50.032(c)(3) this advancement requires City Council Approval. This appointment is proposed to become effective on January 1, 2014. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): None. The salary can be accommodated within the 2014 personnel budget for DCD. STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the promotion of Allison Daniels to Senior Planner at Pay Band 11, Rate 5, of the 2014 City of Bremerton Management, Professional, Confidential & Fiduciary Salary Plan, effective January 1, 2014. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/25/13 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing and passage of Resolution No. _____ approving the amendment to the 2013 CDBG/HOME Action Plan and waiver of the City of Bremerton per-home subsidy cap for HOME funds. Study Session Date: December 11, 2013 COUNCIL MEETING Date: December 18, 2013 Department: DCD – Block Grant Presenter: Marie Vilá Phone: 360-473-5375 SUMMARY: On November 7, 2012, City Council approved the 2013 CDBG / HOME Action Plan for funding, which was subsequently approved by HUD. Due to unforseen circumstances, staff is requesting an amendment to the terms of the Habitat for Humanity award included in the Action Plan, and a waiver of the subsidy cap for this award. ATTACHMENTS: 1. Staff Memo and Public Comment 2. Resolution FISCAL IMPACTS (Include Budgeted Amount): None. Block Grant is pass-through funding from the Department of Housing and Urban Development. 100% of Administrative costs associated with the program, and all sub-recipient grants are paid through this suite of funding programs. STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing RECOMMENDED MOTION: Move to pass Resolution No.______ approving the amendment to the grant terms and waiver of City of Bremerton per-home subsidy limit as related to the 2012 Habitat for Humanity award “Bay Vista Affordable Homeownership”, and authorize the Mayor to finalize and execute the contract with substantially the same terms and conditions as presented once HUD has approved these changes as part of the City’s amended 2012 Action Plan. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/25/13 To: Bremerton City Council From: Marie Vila, CDBG/HOME Administrator Date: December 11, 2013 Re: 2013 Habitat for Humanity Award Amendment and Subsidy Cap Waiver On November 7th, 2012, the City Council approved the 2013 CDBG / HOME Funding Recommendations, including an award for Habitat for Humanity “Bay Vista New Affordable Homeownership”. These recommendations were forwarded to HUD and approved as part of the City’s 2013 Annual Action Plan. Staff now seeks Council approval to amend the terms of the Habitat award and grant a waiver of a City-imposed subsidy cap. Habitat for Humanity received approval for funding to develop three new, affordable homeownership housing units at Bay Vista for sale to qualifying, low-income households. The agency selected three families, and the homes were completed in early 2013. However, partway through the construction process, one of the families experienced an unfortunate event and was unable to follow through with its commitment. Despite great effort, Habitat was unable to find a new, qualifying family to take on the Bay Vista home to satisfy HUD requirements at such short notice. Therefore, one of the three houses at Bay Vista originally included in the City’s 2013 HOME award remains unoccupied and unsold. Amendment Because of HOME Program regulatory changes passed with the 2012-2013 Appropriations Act, it makes most sense for the City to amend Habitat’s award to include only the two homes which were completed and sold to qualifying homeowners. Doing so requires City Council authorization to change the terms of the award. If authorized, staff will submit an amendment of the City’s 2013 Action Plan to HUD for approval. Subsidy Cap Waiver The City’s 2013 award to Habitat was $73,883. Originally, that amount was to subsidize the development of three homes at $24,628 each. If Council approves the amendment to apply the award of $73,883 to two homes, the subsidy per home would be $36,941, which is in excess of a City of Bremerton subsidy cap of $30,000 per home. Because of the unforeseeable and unfortunate nature of the circumstances, staff respectfully requests waiver of the subsidy cap policy for this project. A 30-day public comment period was opened November 18, 2013 via legal notice in the Kitsap Sun. All comments received during this period will be provided to Council for consideration. This request for amendment and waiver will be presented in a public hearing on December 18. Should you have any questions or concerns regarding any of these items please do not hesitate to contact Marie Vilá at (360) 473-5375. DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM 1 2013 CDBG/HOME Habitat Amendment RESOLUTION NO. ________ A RESOLUTION of the City Council of the City of Bremerton, Washington, amending the 2013 HOME award to Habitat for Humanity, approving a waiver of the per-home subsidy cap, and authorizing submission of these changes to HUD in an amendment to the City’s 2013 Action Plan WHEREAS, the City of Bremerton is an entitlement community which receives a Community Development Block Grant (CDBG) each year from the Department of Housing and Urban Development, and also receives funding from HUD’s Home Investment Partnerships (HOME) program through its participation in the Kitsap County HOME Consortium; and WHEREAS, on November 7th, 2012, the City Council approved the 2013 CDBG / HOME Funding Recommendations, including an award for Habitat for Humanity “Bay Vista New Affordable Homeownership”; and WHEREAS, Habitat for Humanity selected three qualifying, low-income families to purchase the Bay Vista homes but due to unforeseen circumstances, one of the families was unable to complete its commitment; and WHEREAS, Habitat for Humanity was unable to find a new, qualifying family in time to satisfy HUD regulations passed under the 2012-2013 Appropriations Act; and WHEREAS, staff recommends amending the 2013 Habitat award terms to include only the two homes which were completed and sold to qualifying homeowners; and WHEREAS, staff recommends approving a waiver of the City’s $30,000 per-unit subsidy cap and allowing an award of $36,941 for the two remaining units in the Bay Vista project; and WHEREAS, the City of Bremerton Block Grant staff on Monday, November 18, 2013 advertised in the Kitsap Sun a 30-day written public comment period to conclude on December 18, 2013; and WHEREAS, no comments were received during the advertised public comment period; and WHEREAS, once approved, staff is authorized to submit these changes to HUD in an amendment to the 2013 CDBG/HOME Action Plan; NOW THEREFORE 2 2013 CDBG/HOME Habitat Amendment THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recitals and findings of fact set forth in this resolution are hereby incorporated as if fully set forth herein. 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 __________________, 2013. _________________________________ GREG WHEELER, Council President APPROVED AS TO FORM: ATTEST: __________________________________ ________________________________ ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Approval to charge off uncollectable B&O tax debt Study Session Date: December 11, 2013 COUNCIL MEETING Date: December 18, 2013 Department: Finance Presenter: Becky Hasart Phone: 360-473-5722 SUMMARY: This item is a year-end housekeeping action. The Bremerton Municipal Code section 3.86.250 allows the Director of Financial Services to “…charge off any tax, penalty, or interest that is owed by a taxpayer if the Director reasonably ascertains that the cost of collecting such amounts would be greater than the total amount that is owed…” However, any amounts over $1,000 require Council approval. The City currently has two accounts over $1,000 that should be charged off. The first amount is $23,309.61 (inclusive of interest and penalties), which has been in collections since July 2011. The second amount is $2,546.63 (inclusive of interest and penalties), which has been in collections since June 2010. Both accounts are related to businesses that have been closed for a period of time and both businesses do not have appropriate attachable assets to pursue. ATTACHMENTS: None. FISCAL IMPACTS (Include Budgeted Amount): None to the 2013 or 2014 budget. Due to the length of time involved in the collection process, these amounts were not part of the budgeted anticipated revenues for fiscal years 2012, 2013, or 2014. STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to authorize the Director of Financial Services to charge off $23,309.61 related to account 23528 and to charge off $2,546.63 related to account 25305. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. ______ authorizing year end Interfund Loans Study Session Date: December 11, 2013 COUNCIL MEETING Date: December 18, 2013 Department: Financial Services Presenter: Becky Hasart Phone: Ext. 5722 SUMMARY: This is a year-end housekeeping item. As part of the preparation for year-end close out, finance assesses each fund’s cash position against anticipated needs through the end of the year. During this analysis, we identified three funds that have the potential to be in a negative cash position by year-end due to timing issues: Fund 204 (UTGO/LTGO (B)), Fund 306 (Park Plaza Phase II), and Fund 332 (Pacific Avenue Construction). For the two capital construction funds, grant reimbursements cannot be requested until after payments are made to the contractors for work performed. For the bond fund, December’s final property tax payment should cover our cash needs. However, if delinquent taxes are higher than expected, we could end up in a negative cash position. Each loan is short term and will be paid as soon as cash is available in each of the three funds, but in no instance will be more than six months. The interest rate is tied to the Local Government Investment Pool earnings, which was 0.10% on December 4, 2013. ATTACHMENTS: Resolution No. _____ authorizing year-end interfund loans to Fund 204, Fund 306, and Fund 332 from Fund 001. FISCAL IMPACTS (Include Budgeted Amount): None. This is a cash flow issue and does not have any effect on the respective budgets. STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. _____ of the City Council of the City of Bremerton, Washington, authorizing year-end Interfund Loans to Fund 204, Fund 306, and Fund 332 from Fund 001. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 1 RESOLUTION NO. __________ A RESOLUTION, of the City Council of the City of Bremerton, Washington, authorizing year-end Interfund Loans to Fund 204 – 2010 UTGO/LTGO (B), Fund 306 – Park Plaza Phase II, and Fund 332 – Pacific Avenue Construction from Fund 001 – General Fund. WHEREAS, as part of the year-end close out process, an analysis of the ending cash balance in each fund is conducted; and WHEREAS, individual funds cannot be in a negative cash balance as of year-end; and WHEREAS, three funds (Fund 204 – 2010 UTGO/LTGO (B), Fund 306 – Park Plaza Phase II, and Fund 332 – Pacific Avenue Construction) have been identified as having a potential negative cash balance due to timing of property tax receipts and grant reimbursement receipts; and WHEREAS, payments for construction projects are made prior to the request for appropriate grant reimbursement and payment for tax supported bonds are due prior to receipt of the final property tax payment for 2013; and WHEREAS, external financing options are more costly than what the City can provide through an interfund loan; and WHEREAS, surplus cash in an amount sufficient to meet these short term cash flow needs is presently on hand in the General Fund; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Assistant Director of Financial Services is hereby authorized and directed to make the following interfund loans as needed: To Fund 204 from Fund 001 – no more than $30,000 To Fund 306 from Fund 001 – no more than $200,000 To Fund 332 from Fund 001 – no more than $600,000 2 SECTION 2. Repayment of the interfund loans shall be as follows: Interest shall accrue based on an annual basis. The interest rate shall be based on the Local Government Investment Pool earnings at time of repayment of the loan. Each loan shall be repaid no later than June 30, 2014. SECTION 3. 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 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 __________________, 2013. _________________________________ GREG WHEELER, Council President APPROVED AS TO FORM: ATTEST: __________________________________ ________________________________ ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. ____ amending Ordinance No. 5200 establishing the City of Bremerton’s Fiscal Year 2013 budget as amended by Ordinance No. 5217 Study Session Date: December 11, 2013 COUNCIL MEETING Date: December 18, 2013 Department: Finance Presenter: Becky Hasart Phone: 360-473-5722 SUMMARY: This is a year-end housekeeping action. The Bremerton City Council adopted the 2013 Annual City Budget by Ordinance 5200 on December 5, 2012 and later amended the budget by Ordinance 5217 on June 5, 2013. In preparation for wrapping up 2013, it is necessary to do a final amendment to the budget to incorporate Council actions and other unforeseen actions occurring subsequent to the last amendment. The budget amendments are necessary to property reflect the nature and extent of revenues and expenditures of the various City funds and departments. In addition, these amendments were anticipated as the City developed its 2014 budget, so approval of the 2013 amendments would not affect the 2014 budget. ATTACHMENTS: Ordinance No. _____ amending the 2013 Fiscal Year Budget Final 2013 Budget Amendment memo with detail attachments FISCAL IMPACTS (Include Budgeted Amount): Overall 2013 budget will be $144,833,219 (inclusive of fund balances). STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Ordinance No. ____ of the City Council of the City of Bremerton, Washington, amending Ordinance No. 5200 establishing the City of Bremerton’s Fiscal Year 2013 budget as amended by Ordinance No. 5217. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Interlocal Agreement with Kitsap County to Continue the West Sound Stormwater Outreach Group Study Session Date: December 11, 2013 COUNCIL MEETING Date: December 18, 2013 Department: Public Works and Utilities Presenter: Kathleen Cahall, Water Resources Manager Phone: 473-2315 SUMMARY: Kitsap County and West Sound cities have been working through an Interlocal agreement since 2008 to jointly develop, implement, and fund Municipal Stormwater Permit-required outreach. In 2012, the group assumed the name West Sound Stormwater Outreach Group (WSSOG), to represent the regional scope and to align with other similar groups across Puget Sound. The goals of the WSSOG are to pool funds to: 1. Work cooperatively to help meet the requirements for compliance with the Municipal Stormwater Permit for education designed to reduce or eliminate behaviors and practices that cause or contribute to adverse stormwater impacts. 2. Save costs by sharing expertise, expenses, and staff time for efficiency and to avoid duplication. 3. Jointly work to help fulfill education and outreach requirements of local Total Maximum Daily Loads (TMDLs), also known as Water Pollution Cleanup Plans. 4. Benefit citizens of the West Sound region by providing consistent outreach and messaging. 5. Gain enhanced access to federal, state, and other financial and technical support through coordination among Permittees with adjoining or shared geographic areas. This Interlocal agreement is to authorize the City of Bremerton to continue as a member of the WSSOG. ATTACHMENTS: 1) Fact Sheet; 2) Interlocal Agreement FISCAL IMPACTS (Include Budgeted Amount): An amount not to exceed $14,680 per year will be allocated from the City of Bremerton Stormwater Utility to Kitsap County Surface and Stormwater Management to implement and coordinate the WSSOG program for three years from 2014 through 2016. STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Agreement with Kitsap County for Bremerton to participate in the West Sound Stormwater Outreach Group and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/25/13 FACT SHEET FOR CITY COUNCIL WEST SOUND STORMWATER OUTREACH GROUP INTERLOCAL AGREEMENT The Department of Ecology issued National Pollutant Discharge Elimination (NPDES) permits to “Phase II” communities, including Kitsap County and each of its cities in 2007 and reissued new permits in 2013. This permit requires permittees to develop a comprehensive stormwater program. In addition to storm system maintenance, monitoring, and prevention of erosion, the permit contains specific requirements for public outreach and involvement designed to prevent pollution of stormwater runoff. Kitsap County and its cities have been coordinating stormwater public outreach for many years and the Phase II permit makes this coordination even more important. In 2008, the Kitsap Peninsula Clean Runoff Collaborative was formed. In 2012 the cities of Port Angeles and Bainbridge Island joined and the group changed its name to “West Sound Stormwater Outreach Group” (WSSOG). The following are the group’s goals: 1. Work cooperatively to help comply with NPDES Phase II Municipal Stormwater Permit Section S5.C.1, Public Education and Outreach, through the implementation of “education and outreach program[s] designed to reduce or eliminate behaviors and practices that cause or contribute to adverse stormwater impacts and encourage the public to participate in stewardship activities.”1 2. Realize cost savings and increase municipal resource efficiency by sharing expertise, expenses, and staff time to gain economies of scale and avoid duplication. 3. Jointly work to help fulfill education and outreach requirements of local Total Maximum Daily Loads (TMDLs), also known as Water Pollution Cleanup Plans. 4. Benefit citizens of the West Sound region by providing consistent outreach and messaging. 5. Gain enhanced access to federal, state, and other financial and technical support through coordination among Permittees with adjoining or shared geographic areas. The group successfully worked from 2008 – 2012 through a previous ILA and now proposes to extend their working relationship through 2016. WSSOG agrees to pool resources and funding to develop and implement stormwater education and outreach. The graphic above is one of the recent WSSOG products and has been used in a variety of outreach activities. Kitsap County provides the financial management and invoices for actual costs on a pro-rated basis based on percent of population. Bremerton’s share would be 13.5% and will not exceed $14,680 each year. These funds are budgeted in the Stormwater Utility by the Water Resources Division. The City’s representative on the WSSOG is an Environmental Technician from the Water Resources Division. It is recommended that the City continue to participate in this partnership to maximize our resources and provide an effective and comprehensive stormwater pollution prevention outreach for the residents of Bremerton. 1 Washington State Department of Ecology, Western Washington Phase II Municipal Stormwater Permit (2013) KC-XXX-13 INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY AND THE CITY OF BREMERTON TO FORM THE WEST SOUND STORMWATER OUTREACH GROUP I. PREAMBLE This Interlocal Agreement (hereafter “AGREEMENT”) is by and between Kitsap County (hereafter “COUNTY”) whose principal offices are located at 614 Division Street, Port Orchard, WA, 98366 and the City of Bremerton (hereafter “CITY”) whose principal offices are located at 345 6th Street, Suite 600, Bremerton, WA. II. RECITALS Whereas, the Washington State Department of Ecology requires owners or operators of a municipal separate storm sewer system to obtain coverage under a Western Washington NPDES Phase II Municipal Stormwater Permit; and Whereas, mutual benefits will accrue to the parties hereto and the people which each serves in the cooperative implementation of the West Sound Stormwater Outreach Group. The Interlocal Cooperation Act, R.C.W. 39.34, further authorizes the parties hereto to enter into this AGREEMENT; and Whereas, Permittees are required by Permit Section S5.C.1 to provide stormwater education and outreach programs designed to reduce or eliminate behaviors and practices that cause or contribute to adverse stormwater impacts ; and Whereas, coordination among Permittees with adjoining or shared geographic areas is encouraged by Washington State Department of Ecology and enhances access to federal, state, and other financial and technical support; and Whereas, West Sound residents share media sources and would benefit from consistent messaging across city and county boundaries; and Whereas, municipal resource efficiency is increased and cost savings are realized through sharing expertise, expenses, and staff time to gain economies of scale and avoid duplication; and Whereas, Kitsap County and the cities of Poulsbo, Bremerton, Port Orchard, Gig Harbor, Bainbridge Island and Port Angeles desire to continue working together as the West Sound Stormwater Outreach Group to coordinate joint development and implementation of stormwater education and outreach programs. NOW THEREFORE, the parties mutually agree as follows: II. AGREEMENT A. The Recitals set forth above are expressly incorporated into the Agreement by this reference. B. This AGREEMENT consists of the following documents: 1. Interlocal Agreement 2. Exhibit A: West Sound Stormwater Outreach Group Scope of Work and Budget C. Purpose: The purpose of the AGREEMENT is to provide a mechanism through which COUNTY and CITY voluntarily collaborate in the development, implementation, and funding of stormwater education and outreach messages, materials, activities, and program assessment tools for the general public, businesses, and other target audiences as required by the NPDES Phase II Permit. D. Payment and Funding: CITY will provide COUNTY funds in an amount not to exceed a total of $14,680 per year for a total of $40,040 for the years 2014 to 2016. In accordance with Section I below, COUNTY agrees to send invoices to CITY representative for reimbursement of allowable expenses incurred as defined i n Exhibit A. E. Scope of Work: COUNTY and CITY shall perform duties and services as are listed in Exhibit A, attached hereto and incorporated herein by this reference. Said services shall be performed in accordance with the approved Scope of Work and budget specified in Exhibit A, and as provided for in Section I of this AGREEMENT. F. COUNTY and CITY Administrators: The “West Sound Stormwater Outreach Group” is a collective of local jurisdictions and is not a separate legal entity. Accordingly, Jayna Ericson, SSWM Outreach and Education Coordinator, 614 Division Street MS 26 -A, Port Orchard WA 98366 shall represent COUNTY in all matters pertaining to the services rendered under this AGREEMENT. All requirements of the CITY pertaining to the servi ces and materials to be rendered under this AGREEMENT shall be coordinated through the COUNTY representative. Kathleen Cahall, Water Resources Manager, 3027 Olympus Drive, Bremerton, WA 98310 shall represent the CITY in all matters pertaining to the servi ces and materials to be rendered under this AGREEMENT. All requirements of the COUNTY pertaining to the services or materials to be rendered under this AGREEMENT shall be coordinated through the CITY representative. Following a change of representative, COUNTY and CITY will inform the other party in writing within ten (10) working days. G Reporting: By January 31st of each year this AGREEMENT is in effect, COUNTY and CITY will jointly report the results of work conducted under this AGREEMENT in a manner that is mutually useful in the fulfillment of NPDES Permit reporting requirements for public education activities, as specified in Permit Section S9.E.2.c. H. Responsibilities of the Parties: It is mutually understood that CITY will provide COUNTY with the following: Up to $40,040 over the duration of this AGREEMENT for development of educational materials, professional service fees, partial reimbursement of COUNTY administrative costs, and other expenses related to tasks as described in Exhibit A. CITY will also contribute staff time to attend meetings, provide input, conduct pertinent research, and participate in program development. It is mutually understood that COUNTY will provide CITY with the following: COUNTY will provide administrative services and act as financial manager for this AGREEMENT and associated professional service contracts. COUNTY will also contribute staff time to facilitate meetings, provide input, conduct pertinent research, and participate in program development. I. Reimbursement: CITY shall reimburse COUNTY for actual incurred costs upon presentation of a properly executed invoice. Costs shall be charged and funding reimbursed based upon appropriate program elements as defined in Exhibit A. COUNTY may exceed line item amounts within individual program element budgets, but shall not exceed the total budget for each individual program element without written approval of CITY. Reimbursement requests shall not be made to CITY more frequently than once a month. CITY shall reimburse COUNTY within thirty (30) days of receipt of a properly executed COUNTY invoice. J. Property: Title to property purchased by COUNTY, the cost of which COUNTY has been reimbursed as a direct item of cost under this AGREEMENT, shall pass to and vest to COUNTY. Property purchased with funds delivered pursuant to this AGREEMENT may be used only for the performance of this AGREEMENT and shall be purchased in accordance with applicable state law and COUNTY purchasing policies. K. Assignment: COUNTY may assign or subcontract any portion of the services provided within the terms of this AGREEMENT. All terms and conditions of the AGREEMENT shall apply to any approved subcontract or assignment related to this AGREEMENT. L. Indemnity: Both COUNTY and CITY shall accept responsibility for any and all liability arising from acts of its own officers, employees, agents and contractors to the extent provided by law. Additionally, each party agrees to indemnify, defend, and hold harmless the other party, and its officers, agents, and employees for all claims (including demands, suits, penalties, losses, damages or costs of any kind whatsoever) including costs, expenses and reasonable attorney's fees, to the extent such a claim arises or is caused by the indemnifying party's own negligence or that of its officers, agents, or employees in performance of this Agreement. Nothing contained in this section of this Agreement shall be construed to create a liability or a right of indemnification in any third party. This section shall survive the expiration of this Agreement. M. Amendments: The parties hereby further agree that this AGREEMENT cannot be amended or modified without the written concurrence of both parties. N. Termination: Either party to this AGREEMENT may elect to terminate this AGREEMENT for any reason by delivering a sixty (60) day written notice of intent to terminate to the other party. In the event of such termination, COUNTY shall be compensated for the actual costs incurred prior to the time of written notification of contract termination. O. Duration: This AGREEMENT shall commence on the date of execution, and shall remain in effect through December 31, 2016. P. Recording. Pursuant to RCW 39.34.040, this Agreement shall be filed with Kitsap County Auditor. Q. Waiver: A failure by either party to exercise its rights under this agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. R. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. S. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Kitsap County, Washington. T. Multiple Originals. This Agreement may be executed in multiple copies, each of which shall be deemed an original. U. Severability. If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. IN WITNESS WHEREOF, this Agreement was executed by the parties on the dates hereinafter indicated. DATED day of , 201 DATED this day of 201 . CITY OF BREMERTON BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON Patty Lent, Mayor Commissioner Commissioner Commissioner ATTEST: ATTEST: City Clerk Dana Daniels, Clerk of the Board Approved as to From: City Attorney EXHIBIT A: WEST SOUND STORMWATER OUTREACH GROUP Scope of Work & Budget for 2014–2016 Kitsap County and the Cities of Poulsbo, Bremerton, Port Orchard, and Gig Harbor have been working to jointly develop, implement, and fund NPDES Municipal Stormwater Permit -required outreach via interlocal agreements since 2008. With the additions of Bainbridge Island and Port Angeles in 2012, the group assumed the name of West Sound Stormwater Outreach Group (WSSOG), to represent the regional scope and to align with other similar groups across Puget Sound under the Stormwater Outreach for Regional Municipalities (STORM) umbrella. A. GOALS, OBJECTIVES, AND TASKS Goals: 1. Work cooperatively to help meet the requirements for compliance with NPDES Phase II Municipal Stormwater Permit Section S5.C.1, Public Education and Outreach, through the implementation of “education and outreach program[s] designed to reduce or eliminate behaviors and practices that cause or contribute to adverse stormwater impacts and encourage the public to participate in stewardship activities.”1 2. Realize cost savings and increase municipal resource efficiency by sharing expertise, expenses, and staff time to gain economies of scale and avoid duplication. 3. Jointly work to help fulfill education and outreach requirements of local Total Maximum Daily Loads (TMDLs), also known as Water Pollution Cleanup Plans. 4. Benefit citizens of the West Sound region by providing consistent outreach and messaging. 5. Gain enhanced access to federal, state, and other financial and technical support through coordination among Permittees with adjoining or shared geographic areas. Objectives & Tasks: Objective 1 Develop and adhere to an annual work plan for each year of this interlocal agreement. Task 1.1 Jointly develop a work plan for each year by January 31 of 2014, 2015, and 2016. Objective 2 Build on existing successful efforts by maintaining elevated awareness levels and environmentally positive behavior trends for one audience and behavior selected during the previous Permit term. Task 2.1 Review available survey results to determine impact of existing outreach efforts. 1 Washington State Department of Ecology, Western Washington Phase II Municipal Stormwater Permit (2013) p.16. Task 2.2 Continue to achieve sustained awareness and practice of proper pet waste management. Update the Education & Outreach Plan for Pet Waste in Backyards, including a strategy for sustained awareness for the curre nt Permit term. Update the Education & Outreach Plan for Pet Waste in Public Places, including a strategy for continued awareness and behavior adoption for the current Permit term, leading to sustainable growth and maintenance of the Mutt Mitt Program. Objective 3 Select one new behavior and target audience. Review and prioritize the list of NPDES Permit audiences and practices to be addressed by a behavior change campaign. Revise as necessary based on emerging issues, opportunities, and evaluation results. Task 3.1 Assess practices that are most likely contributing to adverse stormwater impacts based on regional reports, studies, and knowledge of local pollution problems. Consider the scope of the problems as identified by reports, water quality data, and inspection/investigation results. Task 3.2 Evaluate behaviors targeted for social marketing campaigns using factors such as: Attitude and behavior survey data, such as the Puget Sound Partnership’s General Opinion Survey and Sound Behavior Index results; Applicability of the issue across the West Sound region; Availability of existing, effective programs that can be modeled; Opportunities to collaborate with others involved in stormwater outreach programs; Degree to which behaviors are single, simple, doable, and measurable; and Findings from Task 3.1. Objective 4 Design or adopt a social marketing campaign with built-in evaluation protocols for the highest priority behavior from Objective 3. Task 4.1 Conduct formative research, which may include: Reviewing other program designs, management approaches, and evaluation strategies; Adopting a campaign approach that has been thoroughly evaluated and proven successful in a similar community; and/or Utilize focus groups or other survey tools to garner in-depth information on attitudes and practices relative to the behavior, and identify barriers and benefits of the target audience adopting the behavior. Task 4.2 Develop a campaign strategy based on research from Task 4.1 that includes an evaluation plan with specific, measurable, and achievable outcomes. Objective 5 Implement a social marketing campaign for the highest priority behavior. Task 5.1 Test the campaign strategy on a small segment of the population, using focus groups and/or pilot studies to refine and reevaluate the strategy. Task 5.2 Implement the campaign across the community, assessing effectiveness at proper intervals, documenting progress, and changing the campaign strategy as necessary to achieve defined outcomes. Task 5.3 Continue the program at an appropriate level once measurements indicate increased adoption of the behavior in the target audience. Objective 6 As resources and consensus of the group are available, implement additional campaigns using a phased approach for each prioritized behavior and associated target audience. Task 6.1 Pursue grants and other funding opportunities as available and appropriate. Objective 7 Use adaptive management to refine programs and direct education and outreach resources most effectively. Task 7.1 Take advantage of mutually beneficial outreach opportunities that fall within the NPDES Permit-required scope of audiences and behaviors, regardless of prioritization ranking. Task 7.2 Seek opportunities to share among member jurisdictions the existing outreach efforts to audiences not prioritized within the WSSOG activities, such that these efforts are beneficial to all members. Objective 8 Represent the WSSOG on larger regional stormwater outreach efforts through participation as a Core member of STORM and the Puget Sound Starts Here (PSSH) campaign development team. Task 8.1 Help implement the STORM Strategic Plan and annual Work Plan to achieve results of use and benefit to the WSSOG. Task 8.2 Promote capacity building among STORM and WSSOG members to raise the caliber of collective outreach in the region. Task 8.3 Support development and implementation of the PSSH awareness campaign in conjunction with on the ground local behavior change programs. Objective 9 Track and maintain records of education and outreach activities. Publish an annual summary of activities that is suitable for use in NPDES reporting. B. BUDGET Table 1 shows the annual budget for years 2014 through 2016. The annual Staff Time budget of $43,720 is for 0.5 FTE of a Kitsap County Education & Outreach Coordinator’s time to administer the Interlocal Agreement and manage outreach programs identified in the annual work plan on behalf of the WSSOG. This funding also includes coordination with STORM, the Puget Sound Starts Here campaign development team, ECO Nets, and all associated travel expenses; as well as administrative duties such as financial tracking and management. The annual staff time budget will be shared by all WSSOG jurisdictions in proportion to their relative population size, as shown in Table 1. The annual Outreach Base Programs budget of $65,020 will be used to implement joint programs prioritized by the group and agreed upon for inclusion in the WSSOG annual work plan. This may include activities such as the Mutt Mitt Program, backyard pet waste outreach, reporting hotline promotion, advertising, business outreach, local implementation of the Puget Sound Starts Here campaign, newsletters and literature development, priority behavior change programs, member capacity building, and evaluation/surveys. The WSSOG will make every effort to minimize actual costs by selecting competitive bids for professional services, and by pursuing grants and other funding sources as available and appropriate. The annual Supplemental Programs Budget was added to accommodate several jurisdictions that expressed a desire for additional outreach support. This allows flexibility for jurisdictions to customize a suite of outreach options to meet the needs of their communities. Rates for elementary classroom lessons were based on County staff time for lesson preparation, teaching time, and travel. Cinema ad rates were based on real charges incurred for similar advertising in 2012. Table 1. Annual budget for all program elements. Jurisdiction Population (2013) Relative Population Staff Time Base Programs Budget Supplemental Programs Budget Annual Cost per Jurisdiction Unincorporated KC 170,505 60.7% $26,540 $39,460 N/A $66,000 Bremerton 37,850 13.5% $5,900 $8,780 $0 $14,680 Bainbridge Island 23,190 8.3% $3,630 $5,400 $0 $9,030 Port Angeles 19,120 6.8% $2,970 $4,420 $9002 $8,290 Port Orchard 12,870 4.6% $2,010 $2,990 $8603 $5,860 Poulsbo 9,585 3.4% $1,490 $2,210 $1,6504 $5,350 Gig Harbor 7,670 2.7% $1,180 $1,760 $2,7005 $5,640 TOTAL 280,790 100.0% $43,720 $65,020 $4,660 $114,850 2 Includes funding for 2 months of cinema ads in Port Angeles. 3 Includes 4 elementary school classroom lessons at $215 each. 4 Includes 6 elementary school classroom lessons at $275 each. 5 Includes funding for 2 months of cinema ads at the Galaxy Uptown Theatre in Gig Harbor. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Municipal Stormwater Capacity Grant Planning and Design for Marine Drive Low Impact Development Stormwater Retrofit Study Session Date: December 11, 2013 COUNCIL MEETING Date: December 18, 2013 Department: Public Works and Utilities Presenter: Chal Martin, Public Works Director Phone: 473-5758 SUMMARY: Funding is available to help municipalities meet NPDES Stormwater Permit requirements to improve water quality and reduce quantity from stormwater runoff that currently pollutes our water ways. The Bremerton Stormwater Utility is eligible to accept a $170,000 grant with no match requirements for stormwater operations and to plan and design a low impact development retrofit in the Marine Drive area. The benefits of this project would be reduced runoff and improved stormwater quality entering Oyster Bay in addition to adding safe pedestrian routes with pervious sidewalks. ATTACHMENTS: 1) Council summary 2) Grant Contract with Department of Ecology FISCAL IMPACTS (Include Budgeted Amount): This grant would add $170,000 to the Stormwater Utility - $50,000 for operations and $120,000 for stormwater capital improvements for project design. This grant does not require a match. STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the acceptance of the Washington Department of Ecology Stormwater Capacity Grant in the amount of $170,000 with no match requirement and authorize the Mayor to finalize and execute the grant with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/25/13 Project Summary: Marine Drive Low Impact Development Stormwater Retrofit Washington Department of Ecology Municipal Stormwater Capacity Grant $50,000 Planning and Design Funds $120,000 Total $170,000 no match required November 2013 Description: The Marine Drive stormwater system retrofit will treat and control runoff from approximately 1.2 miles of urban roadway surface and more than 800,000 ft2 of impervious surface using LID and nutrient-specific filtration. The existing system collects runoff from the southern portion of Marine Drive, a portion of Rocky Point Road and Kitsap Way, as well as runoff from surrounding light commercial, residential and school impervious surfaces. Water quality concerns are pollutants from vehicles, yards, and landscapes that contain polycyclic aromatic hydrocarbons (PAHs), metals, fertilizers, pesticides, and fecal coliform bacteria. This project will help meet the Sinclair and Dyes Inlet fecal Coliform TMDL by improving water quality in Oyster Bay and will be a part of an effort to reopen currently closed commercial shellfish harvesting in the area. Improving water quality in Oyster and Ostrich Bays will protect the waters around Bremerton and allow for re-evaluation of hundreds of acres of shellfish beds that have been closed for more than 50 years by the Washington State Department of Health. This project is part of a suite of multiple larger projects being proposed by Bremerton for funding through the Puget Sound partnership Local Integrating Organization (LIO). All the projects will include installation of similar LID and filtration features for stormwater outfalls entering Oyster Bay, Ostrich Bay, and local creeks. Funding: This project would be 100% grant funded by EPA pass-through monies distributed by the Washington State Department of Ecology. This funding is earmarked to help municipalities meet NPDES Stormwater Permit requirements to improve water quality and reduce quantity from stormwater runoff that currently pollutes our water ways. The capacity grant is $50,000 and funds operational expenses such as training, outreach, equipment, etc. There is an additional $120,000 for the LID project design. Construction funding is expected to come from future pass-through grants. Goals: Improve water quality Reduce the quantity of runoff into Oyster Bay Develop a cost-effective design to use in retrofitting other City storm sewer systems Less expensive maintenance Effectively treat stormwater runoff Reduce water quantity by facilitate stormwater infiltration back into the ground Improve the area by adding pervious sidewalks and safe pedestrian routes Description of the Best Management Practices Proposed Underground infiltration, filtration, bio-swales, and pervious concrete sidewalks will reduce water quantity and improve water quality at the stormwater outfall. Water quality will be improved by integrating nutrient-specific filters into this system prior to the outfall. Pervious concrete sidewalks will be installed to increase the infiltration while also providing safe areas for the local elementary school and residents in this high pedestrian use area. The design will incorporate two filtration systems, pervious concrete sidewalks, and underground infiltration/detention pipe. The system will be designed to control, filter, and manage flow to the extent possible for the soil conditions. Location of the proposed Stormwater System Site number 1 Site number 2 United States Environmental Protection Agency, Office of Water, Washington, D.C. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Service Agreement and Scope of Work with Parametrix, Inc. for Westside Wastewater Treatment Plant (WWTP) Biotower Improvements Study Session Date: December 11, 2013 COUNCIL MEETING Date: December 18, 2013 Department: PW&U/WWTP Presenter: Pat Coxon Phone: 360.473.5448 SUMMARY: The existing redwood media in the biotower process has failed and needs to be replaced. Before this can be accomplished, we have to verify that the existing support structure is sound, design and specify the correct media, and contract for the removal and installation of the media. I utilized MRSC to select three competent consultant firms, and had them graded by three independent public works staff members. Parametrix was selected from the three firms for this work, and we have negotiated the attached “Scope of Work” for this project, in the amount of $104,525.20. ATTACHMENTS: 1) Professional Services Agreement; 2) Scope of work; 3) RM Towell Scope of Work; 4) Budget FISCAL IMPACTS (Include Budgeted Amount): This is budgeted through 535.8032.54110, $175,000.00 STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Service Agreement and Scope of Work with Parametrix and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/25/13 City of Bremerton 216-1896-869 (01/04) Westside WWTP Biotower Improvement Project 1 October 2013 Scope of Work – FINAL EXHIBIT A - SCOPE OF WORK City of Bremerton Westside Wastewater Treatment Plant Biotower Improvements INTRODUCTION Parametrix (Consultant) has been asked by the City of Bremerton (City) to provide professional services to assist with design of improvements to the Westside Wastewater Treatment Plant (WWTP) Biotower. This document provides a Scope of Work for the project. This Project will be completed under a new Professional Services Contract. The following will be included in this project: • Replace media inside existing 75-foot diameter Biotower (trickling filter). • WWTP Treatment process analysis or design (see R. M. Towill Corp. Task 08) • Coordinate with prospective Biotower media suppliers. • Structural evaluation of existing Biotower interior support materials. • Provide 30% and 90% design submittals to the City and R. M. Towill Corp for review. • Provide bid ready set of construction documents in PDF format for City to advertise Biotower redwood media demolition, new media basis of bid procurement and new media installation project. • Existing mechanical, piping, electrical and controls equipment will not be replaced or improved under this scope. The following are not included in Consultant scope of work: • Structural improvements to the Biotower concrete or design of significant structural modifications of the existing Biotower media supports. City to provide • Copy of the CH2MHill Biotower record drawings from the original Biotower design. City of Bremerton 216-1896-869 (01/04) Westside WWTP Biotower Improvement Project 2 October 2013 Scope of Work – FINAL PHASE 01 BIOTOWER IMPROVEMENTS TASK 01 STRUCTURAL INSPECTION AND EVALUATION Objectives Perform a structural inspection of the existing Biotower media support beam system and estimate its soundness. Specific tasks include: • Perform a structural inspection of the interior support beams, and determine if they can be utilized for the new plastic media. • Provide a Technical Memorandum summarizing the on-site observations, structural issues of interior materials, details of what supports can be reused and recommendation on structures to be demolished. • Consultant will meet with City staff to discuss observations/ recommendations and help the City decide on the best alternative for a new media support system. • Obtain commentary from up to two representative media manufacturers on their concerns of using the existing media support system. Deliverables Deliverables for this task include: • Signed and sealed media support beam system condition assessment memorandum in PDF format. Assumptions • Parametrix will provide a staff structural engineer and process engineer to conduct one half day site visit to physically inspection support beam system. • City will provide full access into support beam media system for Consultant staff to view and photograph the support beams. • City will provide any relevant design and construction submittal information on the support beam system. TASK 02 BASIS OF DESIGN REVIEW Objective: The Basis of Design information provided by R.M. Towill (see Task 08) to be reviewed by Parametrix engineering staff. The items that will be reviewed are: • Recommended Biotower replacement media • Sample Biotower media specifications City of Bremerton 216-1896-869 (01/04) Westside WWTP Biotower Improvement Project 3 October 2013 Scope of Work – FINAL Assumptions • R.M. Towill will supply all information pertinent information including calculations for review by the Parametrix. • Basis of design information will be incorporated in the detailed design documents. TASK 03 30 PERCENT DESIGN Objective: Prepare a 30-percent design submittal for City review showing the final layout of the Biotower improvements. The preliminary construction plans and section drawings will be the basis for the final improvements design. Preliminary construction plan and section drawings, will be produced to show the final layout of the new facilities for review by the City. • If existing media supports are to remain in place, the design documents will be used to describe the existing support system details such as materials of construction and its dimensions to the plastic media manufacturers. • If it is determined that the existing media support beams cannot be cost effectively utilized for the new plastic media, provide design documents for the removal and installation of a new support system. The manufacturer specifications and standard details for new media supports will also be incorporated into the design. • The design criteria formalized in Task 08 will be incorporated into design drawings of the detailed Biotower improvements. • Consultant will attend two coordination meetings with City staff. • Consultant will prepare a draft 30-percent submittal for the City’s review. Deliverables Deliverables for this task include: • Comments on the Brentwood Industries preliminary design drawings if applicable. • 30-Percent Submittal – Two copies of one-half size (11-inch by 17-inch) contract plans, and an Engineer’s Opinion of Probable Construction Cost (EOPCC). • A 30-percent submittal review meeting with the client to receive comments from the City’s review. Assumptions Assumptions for this task include: • One week has been included in the schedule for review of the submittal by City staff. Consultant staff will coordinate with the City at the end of the review period to discuss comments. City of Bremerton 216-1896-869 (01/04) Westside WWTP Biotower Improvement Project 4 October 2013 Scope of Work – FINAL • Basis of Bid approach will be used to in the Biotower replacement media bid document. The bid drawings will be based on Brentwood Industries media. • Thirty-percent review comments will be addressed in monthly meetings and in the 90-Percent Design Task. • The Biotower improvements are considered to be maintenance work and will not require review by Washington State Department of Ecology (Ecology). City to provide all coordination with Ecology. TASK 04 90 PERCENT DESIGN Objectives Prepare 90-percent design submittal for City review. Drawings that will be included in this deliverable are identified in the drawing list at the end of this document. The following work will be conducted under this task: • Consultant will prepare a draft 90-percent design submittal, including drawings and specifications, for the City’s review. • Consultant will address any comments received on the 30-percent submittal from the City and include in the 90-percent package. • Consultant will prepare specifications to include information on the Biotower media replacement basis of bid. • If a new media support system is required to replace the existing support system, the consultant will incorporate plastic media manufacturer support design information into the design drawings and specifications. • If the existing media support system is to be reused, the consultant will provided specification information on protection and any refurbishment work information for the existing supports. • Project specifications will also include information on constructability challenges. Specifications will include information on safety, sequence of construction, and maintenance of plant operations planning sections in order to minimize impacts on WWTP operation during construction. Specification planning information will include blocking of under drains to prevent any debris from getting into the live wet well. • Project drawings will identify dimensions, indicate existing features including odor control duct connections and flow distributor arm arrangement, roof layout and descriptions for temporary removal of partial portions of roof to allow for construction access into the Biotower. • The contract documents will include a contractor Statement of Qualifications to evaluate bidder Biotower media removal qualifications. Deliverables The deliverables for this task include: City of Bremerton 216-1896-869 (01/04) Westside WWTP Biotower Improvement Project 5 October 2013 Scope of Work – FINAL • 90-Percent Submittal – Two sets of a 90-percent design package (draft specification sections, one copy of one-half size [11-inch by 17-inch] contract plans) and a final EOPCC, for City and attorney review. • A 90-percent submittal review meeting with the client. • All drawings and specifications will be complete except for revisions that are necessary to (a) address comments received from reviewers, and (b) complete minor details that will not materially affect the review of the contract documents. No major changes to the project will be addressed by the 90 percent design submittal. • The City and R.M. Towill will be responsible for review of design documents and specifications. The City Attorney will be responsible for reviewing legal documents and contract language. • The 90-percent drawing submittal will contain approximately ten drawings and will be stamped by the engineer and architect of record but not signed. The drawing count is applicable for either keeping the existing support system or providing a new support system. • Two weeks has been included in the schedule for review of the submittal by City staff. The submittal will be completely reviewed by the City during this time. Consultant staff will meet with the City at the end of the review period to discuss comments. • No revised 90-percent document will be provided instead the agreed review comments will be incorporated into the 100-Percent Design. • City will provide building permit application and coordinate all permitting activity. Assumptions: • Drawings (11” by 17”) will be in AutoCAD 2012 format. Where possible photos will be used in order to reduce CADD effort. • Specifications will incorporate City supplied legal documents and General & Supplemental Conditions. • The City consolidated comments will be provided to Consultant within 7 calendar days of submittal of the 90% design documents. • The City’s comments shall form the basis for advancing the documents to the 100% design level. • Parametrix will make 1 vehicle trip to Bremerton during this task for a 90% review meeting. • The City will provide all permitting applications and coordination. • Ecology review not required • City will purchase and coordinate installation of new Biotower pumps during or after the media has been installed. • No other electrical or mechanical design improvements are required because of the Biotower improvements completed in 2010/2011. TASK 05 FINAL (100%) DESIGN DOCUMENTS AND BIDDING ASSISTANCE Provide a 100 percent Bid ready set of contract specifications and drawings for submittal for bidding and permit approval. City of Bremerton 216-1896-869 (01/04) Westside WWTP Biotower Improvement Project 6 October 2013 Scope of Work – FINAL Approach: • Prepare a complete set of CSI format contract specifications and drawings per Consultant standards generally consisting of the enclosed list of drawings. A master set of drawings and specifications will be kept that contains the most recent version of all drawings and specification sections. • Assist the City address Bidder questions. Deliverables • Contract Specifications: Specifications shall be written to complement plans and detail equipment to be installed and outline construction requirements. Included in the document will be Instructions to Bidders, Legal Documents, Regulatory Conditions, Wage Rates, City General Conditions, Supplementary Conditions and Technical Specifications. • Drawings: Appropriate 11” by 17” drawings and specifications will be produced and submitted for City staff prior to the bidding. It is estimated that there will be 10 drawings (see list of drawings at the end of this Scope of Work). The drawing account is applicable for reuse of the existing media support system or the incorporation of a new media support system. • Addenda to provide clarifications and additional information to bidders. • Summary Memo of bid review comments bid compliance. • Our approach to bidding assistance is to provide the City with engineering support and technical assistance including: Consultant will coordinate with and download the bid documents onto Washington Builders Exchange (BXWA) for public bidding process. Consultant will produce three (3) paper copies of the bid set for the City’s use; however, the official bid set will be placed on Bidders Exchange Prepare the bid advertisement for the City to publish. City will provide bid advertisement format to use. Conduct a prebid meeting in Bremerton with prospective bidding contractors. Consultant will prepare up to 2 addenda to the bid set if necessary. Respond to bidders’ questions. Prepare bid tabulation. Evaluate the bids and the lowest bidder for acceptability, including researching the apparent low Bidder’s performance history and make recommendations to the City for award. Assumptions: • The City will lead the project bidding efforts City of Bremerton 216-1896-869 (01/04) Westside WWTP Biotower Improvement Project 7 October 2013 Scope of Work – FINAL • The City will provide all permitting application and coordination. • City will conduct the bid opening. (Consultant will not be present.) • The existing Biotower pump will be adequate for new media testing at completion of media installation contract. TASK 06 CONSTRUCTION SERVICES Provide construction services to the City during the demolition and media replacement project. Approach: • Provide Submittal review (30 hr total) and RFI (24 hr total) review as requested by the City • Assist the City with questions during construction 32 Hrs. • Provide 2 site visits during the construction period to observe construction activity and attend a construction meeting. TASK 07 PROJECT MANAGEMENT Objective: To plan, organize, direct, control, and communicate all relevant activities set forth in this Scope of Work within the approved budget and schedule. Deliverables: Work products will include: • Minutes and meeting notes • Summary of issues identified during a monthly project team meeting • Monthly invoices and status reports Quality Assurance/Quality Control (QA/QC) Objectives The primary objectives of this task will be to perform Quality Assurance and Quality Control (QA/QC) functions, included but not limited to the following: • Review by senior Parametrix staff of progress submittals and work by subconsultants. • Review of internal design and contract documents by senior Parametrix staff not involved in the day-to-day preparation of the contract documents. • Senior staff will attend two meetings (not included in other tasks) to provide additional support and/or review. Deliverables Comments by Consultant reviewers are internal only and will be kept in the project files along with responses showing how those comments were addressed. City of Bremerton 216-1896-869 (01/04) Westside WWTP Biotower Improvement Project 8 October 2013 Scope of Work – FINAL TASK 08 R.M. TOWILL ENGINEERING SERVICES Attached in Exhibit D is the R.M. Towill Scope of Engineering Services City of Bremerton 216-1896-869 (01/04) Westside WWTP Biotower Improvement Project 9 October 2013 Scope of Work – FINAL EXHIBIT B Schedule City to Provide Drawings and design information 2 weeks from NTP R.M. Towill to provide Technical Memorandum 4 weeks after NTP Submit 30% Draft Design 2.5 months after Biotower Media preliminary drawings are provided. Submit 90% Design 2.5 months after City’s 30% review comments received Submit 100% Design 1 month after City’s 90% review comments received City of Bremerton 216-1896-869 (01/04) Westside WWTP Biotower Improvement Project 10 October 2013 Scope of Work – FINAL EXHIBIT C Drawing List GENERAL 1 Cover Sheet & Drawing List 2 Legend and Notes CIVIL 3 Site Plan & Details 4 Demolition Plan & Details 5 Demolition Details STRUCTURAL 6 General Structural Notes 7 Roof Access Details 8 Brentwood Industries– Biotower Plan 9 Brentwood Industries - Biotower Support System 10 Brentwood Industries - Biotower Details City of Bremerton 216-1896-869 (01/04) Westside WWTP Biotower Improvement Project 11 October 2013 Scope of Work – FINAL EXHIBIT D R.M. Towill Subconsultant Scope of Work City of Bremerton 216-1896-869 (01/04) Westside WWTP Biotower Improvement Project 12 October 2013 Scope of Work – FINAL Client: City of BremertonProject: Westside WWTP Biotower RehabProject No: 13-0132David M. KopchynskiLyle R. RoscoeAllan C. MaasSteven WagnerJesse L. NeilsonJoseph R. MerthKathleen M. BraatenTammy C. RuscheinskyJennifer R. HamiltonLinda K. EdwardsSr EngineerSr EngineerSr EngineerSr EngineerSr EngineerSr EngineerCADD Operator IISr Project CoordinatorSr Project CoordinatorPublications Specialist II216-1896-869Rates$185.00$165.00$185.00$185.00$165.00$185.00$85.00$95.00$95.00$95.00PhaseTaskDescriptionLabor DollarsLabor Hours01Biotower Improvements$79,070.00544461565778106106506290101 Structural Inspec and Eval$5,835.00331020120102 Basis of Design Review$1,110.006240103 30% Design$17,475.0012932812275270104 90% Design$21,460.001544441428397180105 100% Design$8,470.006211811214880106 Construction Svcs$17,190.0010667614100107 PM$7,530.00541021106117610108SUB RM Towill$0.000Labor Totals:$79,070.0054446156577810610650629$8,510.00$25,740.00$10,545.00$14,430.00$1,650.00$1,110.00$9,010.00$4,750.00$570.00$2,755.00Sub-Consultants:RM Towill$23,100.00Expenses:B & W 8.5 x 11$104.00B & W 11 x 17$100.10Plotter Bond$120.00Mileage$531.10Misc. Exp$1,500.00$2,355.20Project Total:$104,525.20City of Bremerton WWTP Biotower ProjectWestside WWTP AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Contract Award to Trenchless Construction Services LLC for construction of the Orange Drive Jack and Bore Study Session Date: December 11, 2013 COUNCIL MEETING Date: December 18, 2013 Department: Public Works & Utilities Presenter: Chal Martin Phone: 360.473.5920 SUMMARY: To complete watermain replacement of a substandard main in Orange Drive, two jack and bores are required underneath the U.S. Navy Railroad line. In accordance with RCW 38.04.155(2) (Small Works Roster), the City requested proposals from four contractors known to be specialized in this work. The apparent low, responsive, responsible proposal was from Trenchless Construction Services LLC. ATTACHMENTS: 1) Council Summary; 2) Copy of executed Interlocal Agreement with Kitsap County; 3) Contract FISCAL IMPACTS (Include Budgeted Amount): The project is budgeted in the 2013 substandard replacement main replacement in the Water Utility Budget. The City will be paying ¾ of the cost of the project, with Kitsap County paying ¼ of the cost. The cost to the City will be a not to exceed $60,000 including Washington State Sales Tax. STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the proposal from Trenchless Construction Services LLC for construction of the Orange Drive Jack and Bore and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/25/13 Orange Drive Jack and Bore Council Summary COUNCIL SUMMARY Orange Drive Jack and Bore Summary The City of Bremerton has an existing 2-inch main which dead ends at Kitsap County’s Central Kitsap Road Shed on Orange Drive. The County uses this facility to produce salt brine and is currently limited in production due to the amount of water which can be obtained from the existing City main. The City desires redundancy in the water system by having the main upsized to an 8-inch watermain and looped to an existing 8-inch main in Taylor Road. The benefits are: Circulation of the water in the system to decrease the possibility of stagnant water and decreased chlorine residuals. Provide increased flow to all properties served by the main. The County was sufficiently motivated in having the main upsized, that an Interlocal Agreement was executed to complete the work with the County sharing costs with the City for installation. This includes costs associated with this main replacement for the crossing of the U.S. Navy Railroad in two locations along Orange Drive. As the original Engineer’s estimate was under $45,000 to complete this work, the City chose to use the Small Works Roster process (RCW 39.04.155(2)) for this work. Four contractors known to be proficient at jack and boring a steel casing under the railroad line were contacted from the Municipal Research and Services Center (MRSC) and a request made for proposal. The four were: Advanced Boring Specialists, Inc. Dahl Construction Co. Inc./D&D Boring Inc. Northwest Boring Company, Inc. Trenchless Construction Services, LLC Of the four, Trenchless Construction Services was selected for completion of the work as the lowest responsible, responsive proposal. Fiscal Summary The watermain project is funded from the Water Utilities Substandard Main Replacement item. The City will be paying ¾’s of the total cost for the jack and bore, with Kitsap County paying ¼ of the cost. The contract will be a not to exceed cost of $80,000, including Washington State Sales Tax. PUBLIC WORKS AGREEMENT – Page 1 of 10 (December 4, 2013) (between City of Bremerton and Trenchless Construction Services LLC) PUBLIC WORKS AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation (“City”), and Trenchless Construction Services LLC (“Contractor”), whose mailing address is: 4103 241st Street NE; Arlington, WA 98223. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: Install two (2) 50-foot steel casings underneath the U.S. Navy Railroad line on Orange Drive at the depth and location as specified in the plan drawings for the Water Main Improvements – Orange Drive, dated November 19, 2010. 2. TIME OF COMPLETION. Contractor shall complete the work within 30 calendar days from the date of issuance of the City’s Notice to Proceed. 3. COMPENSATION. The City shall pay the Contractor a not to exceed cost of $80,000, including Washington State Sales Tax, for the work and services contemplated in this agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City payment shall not constitute a waiver of the City’s right to final inspection and acceptance of the project. A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a performance bond for the full contract amount to be in effect until sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City’s written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and PUBLIC WORKS AGREEMENT – Page 2 of 10 (December 4, 2013) (between City of Bremerton and Trenchless Construction Services LLC) Contractor shall be liable to the City for any additional costs incurred by the City. “Additional costs” shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state industrial insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub - contractors. 5. TERMINATION. The City may terminate this agreement without notice for good cause. “Good cause” shall include, without limitation, any one or more of the following events: A. The Contractor’s failure to supply sufficient skilled workers or suitable materials or equipment. B. The Contractor’s failure to prosecute the work with such diligence as will ensure its physical completion within the original physical completion time specified in this Agreement and any extensions of time which may have been granted to the Contractor by change order or otherwise. C. The Contractor’s failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor’s disregard of federal, state or local laws, rules or regulations. E. The Contractor’s filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor disregards the authority of the City. PUBLIC WORKS AGREEMENT – Page 3 of 10 (December 4, 2013) (between City of Bremerton and Trenchless Construction Services LLC) G. The Contractor performs work which deviates from the Contract, and neglects or refuses to correct rejected work. H. The Contractor’s failure to provide continuous competent supervision. I. The Contractor otherwise violates in any material way any provisions or requirements of the contract. If the City terminates this agreement for good cause, the Contractor shall not receive any monies due under this agreement, if any, until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a “Statement of Intent to Pay Prevailing Wages,” with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. 7. CHANGES. The City may issue a written or oral work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City’s project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases th e Contractor’s costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written or oral work change directive from the City or a change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a written work change directive, oral work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1. Give a signed written notice of protest to the City within one business day; 2. Supplement the written protest within five (5) calendar days with a written statement that provides the following information: PUBLIC WORKS AGREEMENT – Page 4 of 10 (December 4, 2013) (between City of Bremerton and Trenchless Construction Services LLC) a. The date of the Contract’s protest. b. The nature and circumstances that caused the protest. c. The provisions in this agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor’s records needed for evaluating the protest. 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor’s Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor’s Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written or oral order (including directions, instructions, interpretations, and determination). 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable PUBLIC WORKS AGREEMENT – Page 5 of 10 (December 4, 2013) (between City of Bremerton and Trenchless Construction Services LLC) provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor’s written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the Contractor’s acceptance of the City’s final payment under this contract. When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the co rrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages solely caused by the City’s negligence. The City’s inspection or acceptance of any of Contractor’s work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR’S WAIVER OF 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. PUBLIC WORKS AGREEMENT – Page 6 of 10 (December 4, 2013) (between City of Bremerton and Trenchless Construction Services LLC) 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Contractor, its agents, representatives, employees or subcontractors. Before beginning the work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer’s liability. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. The City reserves the right to receive a certified copy of all the required insurance policies. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor’s insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. The Contractor’s insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. If this contract requires work to be performed in or on navigable waters, the Contractor shall provide insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for claims made under the Longshoreman and Harbor Workers Act and the Jones Act. 12. MISCELLANEOUS. PUBLIC WORKS AGREEMENT – Page 7 of 10 (December 4, 2013) (between City of Bremerton and Trenchless Construction Services LLC) A. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement or any sub-contract hereunder, the Contractor, its sub-contractors, or any person acting on behalf of such Contractor or sub-contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, physical disability, or sexual orientation discriminate against any person who is qualified and available to perform the work to which the employment relates. B. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. C. Work Performed at Contractor’s Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor’s own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect E. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If an y 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. PUBLIC WORKS AGREEMENT – Page 8 of 10 (December 4, 2013) (between City of Bremerton and Trenchless Construction Services LLC) H. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. I. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. J. Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. K. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this agreement. CONTRACTOR THE CITY OF BREMERTON Print Name: Print Name: Title: Title: DATE DATE Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: ______________________________ ______________________________ Bremerton, WA 98??? (360) (360) (facsimile) PUBLIC WORKS AGREEMENT – Page 9 of 10 (December 4, 2013) (between City of Bremerton and Trenchless Construction Services LLC) APPROVED AS TO FORM: Bremerton City Attorney ATTEST: Bremerton City Clerk R:\LEGAL\Contracts\FORMS\ShortForm.PW.Agr.doc PREVAILING WAGES AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution to approve the Type C Right-of-Way Use Permit for the Burwell Pedestrian Tunnel Study Session Date: December 11, 2013 COUNCIL MEETING Date: December 18, 2013 Department: PW&U Presenter: Knuckey Phone: 360-473-2376 SUMMARY: The Burwell Pedestrian Tunnel was constructed by the Navy in the 1940s or earlier, and provides a secure passage under Burwell Street from Navy Property near the Cinema into the Shipyard. Granting a right-of-way use permit for the Burwell Pedestrian Tunnel is necessary for receipt of grant funds from the Washington State Department of Commerce for reconstruction of the Tunnel Portal, and structural improvements to the tunnel itself. ATTACHMENTS: 1) Resolution No. ____ including Exhibit A – “Site Plan” and Exhibit B – “Type C Right-of-W ay Use Permit” for the Burwell Pedestrian Tunnel. FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. ____ approving the Type C Right of Way Use Permit for the Burwell Pedestrian Tunnel at no cost to the United States Navy and authorize the Mayor to execute the permit with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/25/13 1 RESOLUTION NO. ________ A RESOLUTION of the City Council of the City of Bremerton, Washington, approving a Type C Right-of-Way Use Permit to the US Navy for the Burwell Pedestrian Tunnel. WHEREAS, the City of Bremerton has a longstanding relationship of mutual support and coordination with the United States Navy, and WHEREAS, the Burwell Pedestrian Tunnel was constructed in the 1940s or earlier as a secure subterranean pedestrian corridor to convey workers into the Shipyard from Navy owned property north of Burwell Street without impacting traffic on Burwell, and WHEREAS, the Burwell Pedestrian Tunnel is located in the subterranean area of Burwell Street between Building 844 (808 Burwell Street) and the Controlled Industrial Area within the Puget Sound Naval Shipyard, more specifically identified in Exhibit A, attached hereto and incorporated herein by reference, and WHEREAS, Burwell Street is City right-of-way, and WHEREAS, there are no easements or other records documenting ownership of the Burwell Pedestrian Tunnel, and WHEREAS, the continued operation of the Burwell Pedestrian Tunnel is mutually beneficial to both the US Navy and the City as a corridor for pedestrians to safely enter the Shipyard without impacting traffic on Burwell Street, and WHEREAS, execution of the Type C Right-of-Way Use Permit, pursuant to BMC 11.02.080(C) formalizes existing rights of the US Navy to operate, maintain, and re- construct the Burwell Pedestrian Tunnel, and WHEREAS, the Burwell Pedestrian Tunnel provides mutual benefits to both the US Navy and the City of Bremerton and BMC 11.02.120(B)(3)(c) authorizes the City to waive any fees for Type C Right-of-Way Use Permits for government agencies, and WHEREAS, the City desires to waive all such fees for issuance of a Type C Right-of-Way Use Permit to the US Navy, and WHEREAS, BMC 11.02.080(C)(7)(c) authorizes the City to waive any requirements of BMC 11.02.080 in order to protect a governmental installation from possible terrorist attack, and WHEREAS, the City desires to issue a Right-of-Way Use Permit for a period of time that exceeds the five (5) year limit set forth in BMC 11.02.080(C)(1), and 2 WHEREAS, execution of the Type C Right-of-Way Use Permit is necessary for the City to obtain grant funding through the Washington State Department of Commerce for the Navy’s reconstruction of the Burwell Pedestrian Tunnel, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Recitals. The recitals set forth above are adopted and incorporated herein by this reference. SECTION 2. Approval of the Type C Right-of-Way Permit. A Type C Right-of- Way Use Permit shall be executed with the US Navy for the continued use of the Burwell Pedestrian Tunnel, at no cost to the US Navy. The Mayor is authorized to execute the Type C Right-of-Way Use Permit with substantially the same terms and conditions as set forth in Exhibit B, attached hereto and incorporated herein by reference. SECTION 3. 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 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 __________________, 2013. _________________________________ Council President APPROVED AS TO FORM: ATTEST: __________________________________ ________________________________ ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk R:\Legal\Legal\Files\Current Active Files\Burwell Pedestrian Tunnel\Resolution-Burwell Pedestrian Tunnel Type C ROW Permit.doc 1 Burwell Pedestrian Tunnel – Type C ROW Use Permit EXHIBIT B Permittee: United States Navy Location: 800 Block of Burwell Street TYPE C RIGHT-OF-WAY USE PERMIT THIS PERMIT is made and entered into this ___ day of December 2013, by and between the CITY OF BREMERTON, a municipal corporation hereinafter referred to as “City” and the UNITED STATES NAVY, hereinafter referred to as “Permittee”. WITNESSETH: In consideration of the covenants, promises and terms contained herein, the parties hereby agree as follows: 1. Grant of Permit - Location of Property. Pursuant to BMC 11.02.080(C), the City hereby grants to Permittee a Type C Right-of-Way Use Permit (“Permit”) to use the following described location within the City right-of-way of Burwell Street: the area between Building 844 (808 Burwell Street), and the Controlled Industrial Area within the Puget Sound Naval Shipyard, hereinafter referred to as “Property” for use of a subterranean pedestrian tunnel (“Burwell Pedestrian Tunnel”), which was constructed in the 1940s or earlier and which provides a secure pedestrian corridor. 2. Use and Interest of Property. Permittee shall have the use and occupancy of the Property for the purpose of ownership, operation, maintenance and reconstruction of the Burwell Pedestrian Tunnel to the extent that such use does not interfere with the street uses above. The granting of this Permit does not in any way restrict, remove, limit or impair any existing property interest Permittee has in the Property. 3. Term. The term of this Permit shall commence on the ___ day of December 2013, and shall continue unless terminated as provided herein. 4. Permit Fees. Not applicable – Pursuant to BMC 11.02.120(B)(3)(c), no fees shall be paid for this Permit as the Burwell Pedestrian Tunnel provides mutual benefits to both the US Navy and the City of Bremerton. 5. Repairs and Maintenance. Permittee agrees to accept all responsibility for maintenance of all improvements placed on the Property by the Permittee and to keep the Property and any such improvements thereon in a state of good repair and to maintain them at all times so as not to cause any safety hazard nor visual blight on the Property. Permittee agrees to perform City directed repairs and maintenance necessary to maintain use of the right-of-way within 30 days of written notice from the City. 6. Ownership of Improvement. All improvements erected by Permittee on the Property shall remain the property of the Permittee. 2 Burwell Pedestrian Tunnel – Type C ROW Use Permit 7. Removal of Improvements. The improvements will be removed or abandoned in place by the US Navy upon termination of this Permit. 8. Compliance with Law. In the use of Property, Permittee shall fully comply with all applicable federal, state, county and municipal laws, ordinances and regulations. 9. Assignment of Permit. Permittee shall not assign or transfer its interest in this Permit, or sublet the Property or any parts thereof, or permit the Property to be used for any purpose not permitted by this Permit, without prior written consent of the City. Any attempt to assign or transfer an interest in this Permit shall be cause for immediate termination. 10. Insurance. Permittee, at its own expense, shall provide and keep in force with companies reasonably acceptable to City comprehensive general liability insurance in the amount of not less than $1,000,000 per occurrence for bodily injury and property damage. Permittee shall provide the City’s Risk Manager with a certificate of insurance evidencing this coverage and indicating that the City is an additional named insured thereunder. Thirty (30) days advance notice to City of cancellation shall also be provided. 11. Indemnification. Permittee shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with this Permit, except for that portion of the injuries and damages caused by the City’s sole negligence. This provision shall survive the expiration or termination of the Permit. 12. Termination. This Permit terminates either upon mutual agreement of the parties, upon written notice by the Permittee or by abandonment of use by Permittee for one (1) year. 13. Notices. All notices to be given by either of the parties hereto to the other party shall be in writing and may either be delivered personally or may be deposited in the United States mail, postage prepaid, as either certified or regular mail, addressed as specified below, or to such other designate in writing. 14. Waiver of Default. No waiver of default of either party of any of the terms, covenants, and conditions hereof to be performed, kept and observed by the other party shall be construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants, and conditions herein contained, to be performed, kept and observed by the other party. CITY OF BREMERTON US NAVY City Clerk Name: ___________________________ 345 6th St. Suite 600 Addresses: ________________________ Bremerton, WA 98337 City/State/Zip: _____________________ 3 Burwell Pedestrian Tunnel – Type C ROW Use Permit IN WITNESS WHEREOF, the parties hereto have executed this Permit as of the date first herein above written. PERMITTEE: Date: ___________________ By: ______________________________________ CITY OF BREMERTON Date: ___________________ By: ______________________________________ Mayor DEPARTMENT APPROVAL: ________________________________________________ Director, Public Works and Utilities APPROVED AS TO FORM: ________________________________________________ City Attorney RECEIVED FOR FILING: ________________________________________________ City Clerk AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Contract Modification No. 01 for the Professional Services Agreement with Parametrix for Consultant Services for the Washington Avenue Sewer Improvement Project Study Session Date: December 11, 2013 COUNCIL MEETING Date: December 18, 2013 Department: PW&U Presenter: Chal Martin Phone: 473-5758 SUMMARY: The City has an existing Professional Services Agreement with Parametrix, Inc. to provide consulting engineering services for the Washington Avenue Sewer Improvements Project. This contract modification provides for allocating the remaining additional services budget to be used for engineering support for construction; adds budget for additional construction survey support; provides project management and administration services that were originally intended to be provided by in-house staff, and provides a contingency line item of $20,000. The original not-to-exceed amount of the contract is $512,000. This modification increases the budget by $86,400 for a new total contract amount of $598,400. The total project budget is $3,600,000. ATTACHMENTS: Contract Modification No. 01 FISCAL IMPACTS (Include Budgeted Amount): The project is funded by sewer rates ($3,000,000) and water rates ($600,000) for a total resultant 2014 construction budget of $3,600,000. STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Contract Modification No. 01 with Parametrix for the Washington Avenue Sewer Improvements Project which results in a contract amount of $598,400.00 and authorize the Mayor to finalize and execute the modification with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/25/13 CONTRACT MODIFICATION 1 Project Number: CONTRACT MODIFICATION AGREEMENT NO. 1 BETWEEN THE CITY OF BREMERTON AND PARAMETRIX PROJECT Washington Avenue Sewer Improvements CONSULTANT Parametrix, Inc. DATE December 19, 2013 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE WASHINGTON AVENUE SEWER IMPROVEMENTS PROJECT AGREEMENT (the "Contract") entered into between the City of Bremerton and Parametrix on June 13, 2013 All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Scope , is modified as follows: See Amended Scope of Work attached as Exhibit A) Section II. Term , is modified as follows: The Consultant shall complete the work described in this Contract Modification Agreement by September 2014. Section III. Compensation , is modified as follows: The original contract amount was Five Hundred Twelve Thousand Dollars ($512,000.00). The City shall pay the Consultant for the additional work described above, based on time and materials, an amount not to exceed Eighty Six Thousand Four Hundred Dollars ($86,400.00) for a total amended contract amount of Five Hundred Ninety Eight Thousand Four Hundred Dollars ($598,400.00), including this Contract Modification. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant’s claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City’s right to bring a claim for past performance. CONTRACT MODIFICATION 2 Project Number: The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. City Engineer / Public Works Director approved to process Initials and Date CONSULTANT. THE CITY OF BREMERTON By By Patty Lent Its Its Mayor DATE: DATE: APPROVED AS TO FORM: ATTEST: Bremerton City Attorney City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Damon McCallister Ned Lever, PE Senior Engineer Managing Engineer Parametrix City of Bremerton Engineering Department 4660 Kitsap Way, Suite A 3027 Olympus Drive Bremerton, WA 98312 Bremerton WA, 98312 360-377-0014 360-473-2398 R:\LEGAL\Contracts\FORMS\Contract Modification (2003).doc AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Contract award to Pape & Sons Construction, Inc. for the construction project Washington Avenue Sewer Improvements Study Session Date: December 11, 2013 COUNCIL MEETING Date: December 18, 2013 Department: PW&U Presenter: Tom Knuckey/Chal Martin Phone: (360) 473-2376 SUMMARY: The Work consists of replacing sanitary, water and portions of the storm utility along Sheldon Boulevard, Highland Avenue, 11th Street Place, and Washington Avenue. Grinder pumps will be installed at thirteen (13) residences along Washington Avenue as part of an effort by the City to abandon the failing beach sewer that serves the homes along Washington Avenue. Sheldon Boulevard will be restored, including new asphalt pavement and sidewalk, from the park entrance at 14th Street to Pacific Avenue. There were 11 bidders for the contract. Bids were opened on December 3, 2013. Pape & Sons was the lowest responsible, responsive bidder in the amount of $1,682,943.75 (including sales tax). ATTACHMENTS: 1) Council Summary; 2) Agreement FISCAL IMPACTS (Include Budgeted Amount): The project is funded by sewer rates ($3,000,000) and water rates ($600,000) for a total resultant 2014 construction budget of $3,600,000. STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Award the contract Washington Avenue Sewer Improvements to Pape & Sons Construction, Inc. in the amount of $1,682,942.75 (including sales tax) and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/25/13 Washington Avenue Sewer Improvements December 2013 COUNCIL SUMMARY Washington Avenue Sewer Improvements Background The sewer and water piping along Sheldon Boulevard, Highland Avenue, 11th Place and Washington Avenue was constructed over 60 years ago and has reached its useful life expectancy. Additionally, the beach sewer which serves the homes along Washington Avenue is failing and the City plans to abandon the main in the near future. The sewer is located at the base of steep bluff and is very difficult to access for maintenance. The residential service lines and the beach sewer have a history of minor failures and require frequent maintenance and repairs. To prevent continued impacts to the marine waters and provide reliable sewer service to the public, the City desires to install new grinder pump systems in the backyards of the residential lots and redirect the sewer flows to a new low pressure sewer main along Washington Avenue. This work will be limited to thirteen (13) Washington Avenue properties north of the Manette Bridge. Sometime in the future, the City plans to disconnect the remaining Washington Avenue properties south of the bridge that connect to the same beach sewer line. Contract Summary The WORK to be completed under this Contract generally consists of replacing 800 feet of sewer mai n with 10- inch-diameter HDPE and 500 feet of sewer main with 8-inch-diameter PVC pipe; constructing 800 feet of new 4- inch-diameter HDPE sewer pipe slip-lined through an 8-inch-diameter ductile iron water main that will be abandoned as part of this project; 2,500 feet of 8-inch-diameter ductile iron water main; 14 individual grinder pump stations with 1,100 feet of 1-1/4-inch-diameter HDPE pressure sewer lateral pipe; and the demolition of 1,000 feet of existing concrete pavement roadway along Sheldon Boulevard and reconstruction with an HMA pavement. Project site is located within the vicinity of Evergreen Park and the Manette Bridge. Bids were opened on December 3, 2013. There were 11 bids. Pape & Sons was the lowest responsible, responsive bidder in the amount of $1,682,943.75 (which includes sales tax). Fiscal Summary The project is funded by sewer rates ($3,000,000) and water rates ($600,000) for a total resultant 2014 construction budget of $3,600,000. The estimated cost to complete all the work in 2014, which includes City staff, construction, and consultant fees is $2.2M. City of Bremerton 236-1896-113 (01/04) Washington Avenue Sewer Improvements CF-1 November 2013 Contract Documents Contract CONTRACT (Page 1 of 3) THIS AGREEMENT is dated the day of in the year 20___ by and between the City of Bremerton (hereinafter called CITY) and (hereinafter called CONTRACTOR). CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the CITY's Contract Documents entitled WASHINGTON AVENUE SEWER IMPROVEMENTS ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Substantial Completion for each phase as follows. Phase 1 shall be obtained by May 1, 2014. Phase 2 shall be obtained within 210 calendar days from the Phase 1 Notice to Proceed date. Time is of the essence as to each and every deadline set forth in this agreement. This provision has been specifically negotiated. ARTICLE 3. LIQUIDATED DAMAGES. CITY and the CONTRACTOR recognize that time is of the essence for this Agreement and that the CITY will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Section 1-08.8 of the Standard Specifications which may be modified by the Special Provisions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CONTRACTOR shall pay the CITY liquidated damages in the amount of $1,200 per day after the date of Substantial Completion for each phase. ARTICLE 4. CONTRACT PRICE. CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Proposal, which shall include sales tax as provided in Section 1-07.2(2) of the Special Provisions. ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9 of the Standard Specifications which may be modified by the Special Provisions. Applications for Payment will be processed by ENGINEER as provided in the Special Provisions _____________ Contractor Initials City of Bremerton 236-1896-113 (01/04) Washington Avenue Sewer Improvements CF-2 November 2013 Contract Documents Contract CONTRACT (Page 2 of 3) ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the WORK consist of this Contract and the following attachments to this Contract: • Notice Inviting Bids, • Bidders Checklist, • Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits, • Performance Bond, • Payment Bond, • Standard Specifications, • Amendments to the Standard Specifications, • Special Provisions, • Appendices • Contract Plans, • Addenda numbers _____ to _____, inclusive. • Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Section 1-04.4 of the Standard Specifications which may be modified by the Special Provisions. ARTICLE 7. INDEMNIFICATION. The CONTRACTOR and CITY acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW . To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, ENGINEER, their consultants, subconsultants, and the officers, directors, employees, and agents of each and any of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, all claims and liability arising under, by reason of , related, or incidental to the Contract Documents or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY and/or the ENGINEER as further defined in the Contract Documents. The provisions of this section shall survive the termination of the contract. _____________ Contractor Initials City of Bremerton 236-1896-113 (01/04) Washington Avenue Sewer Improvements CF-3 November 2013 Contract Documents Contract CONTRACT (Page 3 of 3) ARTICLE 8. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes. In the case of an assignment for security purposes the CITY may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers. CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed the day and year first above written. CITY : City of Bremerton CONTRACTOR By By [CORPORATE SEAL] Attest Attest Address for giving notices Address for giving notices License No. Approved as to Form: Agent for service of process: (Signature) (Title) AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Additional Rate Advancement Milenka Hawkins-Bates Administration Division Manager Public Works & Utilities Department Study Session Date: December 11, 2013 COUNCIL MEETING Date: December 18, 2013 Department: Public Works Presenter: Chal Martin Phone: 473-5758 SUMMARY: BMC 2050.32 (b) (2) states that those employees who receive a rating that exceeds the rating "meets expectations" (or equivalent) may be eligible to receive an additional salary rate advancement for an increase of one additional rate in the same salary band, if available, above the initial rate advancement provided in subsection (b)(1). Ms. Hawkins-Bates’ current salary is $71,081.52 (Band 11, Rate 4). This proposal would increase her salary by $2,251.30 (two pay steps). The additional advancement proposed here requires the recommendation of the Mayor and City Council approval. Milenka Hawkins-Bates received an “exceeds expectations” on her annual performance evaluation and Mayor Lent is recommending she be given the additional salary rate advancement. Since being hired one year ago, Ms. Hawkins-Bates has increased public outreach efforts for public works projects and improved the Department’s interaction with the Public, including re-instituting the Tree Committee and facilitating volunteer/department activities such as graffiti removal, Gateway maintenance and School Zone markings; she has streamlined internal data management processes to free up staff hours for more direct benefit to our citizens; reinvigorated the department’s safety training program, resulting in increased safety awareness and up-to-date safety training; and helped manage the Conference Center project so that Engineering staff time could be focused on other capital projects. It is recommended the additional rate increase be effective as of Ms. Hawkins- Bates’ anniversary date of December 31, 2013. FISCAL IMPACTS (Include Budgeted Amount): There are sufficient funds in the 2014 budget to cover the increase in salary; therefore, no amendment is needed. STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve an additional rate advancement for Milenka Hawkins-Bates, Administration Division Manager, Public Works & Utilities Department, and authorize the Mayor to finalize and execute the increase. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public hearing on an ordinance adopting the Gorst Subarea Plan as part of the Comprehensive Plan and amending BMC Chapter 20.80 to relate to the Subarea Plan Study Session Date: December 11, 2013 COUNCIL MEETING Date: December 13, 2013 Department: DCD Presenter: Allison Daniels Phone: 360.473.5845 SUMMARY: The action before the Council is to conduct a public hearing and consider amendments to the Bremerton Municipal Code and Comprehensive Plan to incorporate the Gorst Subarea Plan. The Subarea Plan is to adopt a comprehensive 20‐year plan that establishes the general patterns for future land use, transportation and other infrastructure needs in Gorst. The purpose of this plan is to provide greater detail, guidance and predictability to future development within the Gorst Urban Growth Area (UGA), while also protecting the environment all consistent with the Bremerton Comprehensive Plan. This Subarea Plan is intended only to address the future vision and development regulations for the Gorst UGA, which is approximately 335 acres in size. The Watershed Characterization & Framework Plan* for the Gorst Creek is a functioning plan to the Subarea Plan and guides water quality, habitat, and land use plans and activities across the approximately 6,570-acre watershed which the Gorst UGA is a portion of. The UGA is currently under the jurisdiction of Kitsap County and assigned to the City of Bremerton as an annexation area, and this Subarea Plan will be adopted jointly by both jurisdictions. ATTACHMENTS: I) Proposed Ordinance Exhibit A) Planning Commission Findings and Conclusions for Gorst Subarea Plan Exhibit B) Gorst Subarea Plan and Watershed Characterization *Gorst Subarea Plan and Watershed Characterization & Framework Plan can also be located at www.gorstwatershed.com. FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. _____ to adopt the Gorst Subarea Plan for the Gorst Urban Growth Area. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/25/13 1 Gorst Subarea Plan ORDINANCE NO. _____ AN ORDINANCE of the City Council of the City of Bremerton, Washington, adopting the Gorst Subarea Plan, amending the Comprehensive Plan by adding the Gorst Subarea Plan, and amending the Zoning Code Section 20.80.080(a) to activate the development standards contained within the plan. WHEREAS, the Washington State Growth Management Act authorizes the preparation of subarea plans; and WHEREAS, the City of Bremerton has adopted a comprehensive plan under the provisions of Chapter 36.70A RCW that includes policies for the creation of subarea plans; and WHEREAS, pursuant to RCW 36.70A.130(2)(a)(i), the City may amend the Comprehensive Plan more frequently than once per year under certain circumstances, including the initial adoption of a subarea plan; and WHEREAS, Gorst Urban Growth Area is currently under the jurisdiction of Kitsap County, which the City of Bremerton may annex in the foreseeable future; and WHEREAS, the Countywide Planning Policies encourage joint planning for Urban Growth Areas and encourage community participation in the planning process; and WHEREAS, the City has undertaken an extensive public participation process by conducting advisory group meetings, workshops, and public open houses between October 2012 and December 2013 to discuss the Gorst Subarea Plan, gather public input, and guide the development of the Plan; and WHEREAS, the draft Gorst Subarea Plan was made available for public review and comment on June 10, 2013; and WHEREAS, pursuant to RCW 36.70A.106 the Washington State Department of Commerce was provided the 60-day notification on June 12, 2013 of amendments to the Comprehensive Plan and development regulations as a result of the Subarea Plan submittal and adoption which was assigned a reference number of “Material ID # 19241”; and WHEREAS, the Planning Commission conducted four workshop to discuss the proposed preferred plan, Subarea Plan and development regulations at its regular meeting on February 19, 2013, June 18, 2013, July 16, 2013, and October 15, 2013; and WHEREAS, a legal advertisement was duly placed in the Kitsap Sun on February 9, 2013 for the February 19, 2013 Planning Commission workshop, June 8, 2013 for the June 18, 2013 Planning Commission workshop, July 6, 2013 for the July 16, 2013 Planning Commission workshop, October 5, 2013 for the October 15, 2013 Planning Commission workshop, and November 9, 2013 for the November 19, 2013 Planning Commission Hearing, notifying the public of the opportunity to provide testimony at the Planning Commission public hearing; and 2 Gorst Subarea Plan WHEREAS, on November 19, 2013 the Planning Commission held a public hearing on the proposed Gorst Subarea Plan and development regulations, considered public comment, and made a recommendation of approval for the City Council’s consideration; and WHEREAS, on October 10, 2012 a Determination of Significance and Scope of Work for the Gorst Planned Action Environmental Impact Statement (EIS) notice was issued to comply with the requirements of the State Environmental Policy Act (SEPA); and WHEREAS, on June 10, 2013 a Draft EIS was issued and comments were accepted through July 24, 2013; and WHEREAS, after consideration of public comment a Final EIS was issued on October 10, 2013; and WHEREAS, the Comprehensive Plan amendment to include the Gorst Subarea Plan meets the decision criteria outlined in BMC 20.10.080(b)(1) through (5): It is consistent with the Growth Management Act, it is consistent with the Comprehensive Plan vision for the site and other goals and policies of the City, the Plan is compatible with the current development patterns, the Plan does not adversely affect the City’s ability to provide urban services at the planned level of service, and bears a reasonable relationship to benefitting the public health, safety and welfare; and WHEREAS, the Zoning Code amendment to activate the development standards contained within the Gorst Subarea Plan meets the decision criteria outlined in BMC 20.18.020 (d), as the Plan is consistent with the Comprehensive Plan and does not conflict with other City, state and federal codes, regulations and ordinances; and WHEREAS, a legal advertisement was placed in the Kitsap Sun on December 5, 2013 notifying the public of the opportunity to provide testimony at the City Council public hearing; and WHEREAS, on December 18, 2013 the City Council conducted a public hearing so that the public had further opportunity to comment on the Subarea Plan and development regulations; 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. The City Council accepts and adopts the Findings and Conclusions of the Planning Commission as presented in Exhibit A, attached hereto and incorporated by this reference as if set forth in full herein. 3 Gorst Subarea Plan SECTION 3. The Comprehensive Plan is amended by the addition of the Gorst Subarea Plan as presented in Exhibit B, attached hereto and incorporated by this reference as if set forth in full herein. SECTION 4. Section 20.80.080 of the Bremerton Municipal Code entitled “Subarea Plans” is hereby amended to read as follows: 20.80.080 SUBAREA PLANS. The following are subarea planning areas where subarea plans and unique development regulations may be created for each: (a) Bay Vista Subarea Plan (adopted by Ordinance No. 5077); (b) East Park Subarea Plan (adopted by Ordinance No. 4962); (c) Wheaton-Riddell Subarea Plan (adopted by Ordinance No. 5025); (d) Downtown Regional Center Subarea Plan (adopted by Ordinance No. 5034); (e) Manette Subarea Plan (adopted by Ordinance No. 5082); (f) Harrison Employment Center; (g) Port Blakely Employment Center; (h) SKIA Subarea Plan (adopted by Ordinance No. 5188); (i) Gorst Subarea Plan (adopted by Ordinance No. _____). The subarea planning areas listed above having adopted subarea plans are identified with the corresponding adopting ordinance number. This ordinance will contain the unique regulations and standards that guide development for that subarea planning area. Subsequent amendment to adopted subarea plans need not be identified in this section by the amending ordinance number. SECTION 5. 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 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 the___________ day of ____________________, 2013 _________________________________ GREG WHEELER, Council President Approved this ________ day of ________________________, 2013 _________________________________ PATTY LENT, Mayor 4 Gorst Subarea Plan ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2013 EFFECTIVE the_________day of ______________________, 2013 ORDINANCE NO. ____________ R:\Legal\Legal\Ordinances\Community Development\Gorst Subarea Plan Ordinance.doc Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A EXHIBIT B – Gorst Subarea Plan and Gorst Watershed Characterization and Framework Plan Can be found in its entirety at www.Gorstwatershed.com AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. ____ changing the tax relating to punchboards and pull tabs. Study Session Date: December 11, 2013 COUNCIL MEETING Date: December 18, 2013 Department: Finance Presenter: Becky Hasart Phone: 360-473-5722 SUMMARY: The City currently assesses a 4% tax on the gross receipts derived from punchboard and pull tab activity in commercial/retail establishments. The City has received a petition signed by all twelve businesses subject to this tax requesting it be lowered to 2% (attached). The following table compares our current tax rate to the other jurisdictions in Kitsap County: Jurisdiction Commercial Rate 2012 receipts Kitsap County 3% $132,229 Bainbridge Island 10% None Bremerton 4% $74,171 Poulsbo 5% $3,000 Port Orchard 3% $63,441 Two percent would make us the lowest rate in the county. Finance committee suggested a three percent rate may be more appropriate. The attached draft ordinance has both two and three percent as options pending Council discussion. A third option would be to make no change. ATTACHMENTS: Punchboard/Pulltab Tax Petition Draft Ordinance amending section 3.72.020 relating to the taxation of punchboards and pull tabs. FISCAL IMPACTS (Include Budgeted Amount): The 2014 anticipated revenue for punchboard/pull tab tax is $73,000 based on the current 4% rate. If the rate is changed to 3%, this amount would decrease by $18,250 (new budget of $54,750). If the rate is changed to 2%, this amount would decrease by $36,500 (new budget of $36,500). STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Ordinance No. ______ of the City Council of the City of Bremerton, Washington, amending Section 3.72.020 of the Bremerton Municipal Code entitled “Persons Subject to Tax – Tax Rates” relating to the taxation of punchboards and pull tabs. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 1 Gambling Tax – Punchboards & Pull Tabs ORDINANCE NO. ________ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 3.72.020 of the Bremerton Municipal Code entitled “Persons Subject to Tax – Tax Rates” relating to the taxation of punchboards and pull tabs. WHEREAS, the City Council desires to amend Section 3.72.020 of the Bremerton Municipal Code relating to the taxation of punchboards and pull tabs and making other related amendments; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 3.72.020 of the Bremerton Municipal Code entitled “Persons Subject to Tax – Tax Rates" is hereby amended to read as follows: 3.72.020 PERSONS SUBJECT TO TAX - TAX RATES. There is levied upon all persons, associations, and organizations conducting or operating within this jurisdiction any of the activities listed below a tax in the following amount to be paid to the city: (a) Bingo, in the amount of the gross receipts therefrom, less the amount of money paid in cash and amounts paid for merchandise which are actually awarded as prizes during the taxable period, multiplied by the rate of five percent (5%); (b) Raffles, in the amount of the gross receipts therefrom, less the amount of money paid in cash and amounts paid for merchandise which are actually awarded as prizes during the taxable period, multiplied by the rate of five percent (5%). No tax shall be imposed on the first ten thousand dollars ($10,000) gross receipts less the amount awarded as cash or merchandise prizes from raffles conducted by any bona fide charitable or nonprofit organization as defined in Chapter 9.46 RCW; (c) Amusement games, in the amount sufficient to pay the actual costs of enforcement of the provisions of this chapter, which shall not exceed the amount of the gross receipts therefrom, less the amount of money paid in cash and amounts paid for merchandise, which are actually awarded as prizes during the taxable period, multiplied by the rate of two percent (2%); (d) Charitable organizations, no tax shall be imposed under the authority of this chapter on bingo, raffles or amusement games when such activities or any combination thereof are conducted by any bona fide charitable or nonprofit organization, as defined in Chapter 9.46 RCW, which organization has not paid operating or management personnel and has gross income from bingo, raffles or amusement games, or any combination thereof, not exceeding five thousand dollars ($5,000) per year less the amount paid as prizes; (e) Fishing derbies, in the amount of the gross receipts therefrom, less the amount of money paid in cash and amounts paid for merchandise which are actually awarded for prizes during the taxable period, multiplied by the rate of ten percent (10%); 2 Gambling Tax – Punchboards & Pull Tabs (f) Any punchboards or pull-tabs, any organization qualifying as a bona fide charitable or nonprofit organization pursuant to the provisions of Chapter 9.46 RCW and any person, association or organization who desires to utilize punchboards or pull-tabs as a commercial stimulant pursuant to Chapter 9.46 RCW shall make such intention known to the city treasurer; (1) Any organization pursuant to the provisions of Chapter 9.46 RCW and any person, association or organization who desires to utilize punchboards or pull-tabs as a commercial stimulant pursuant to Chapter 9.46 RCW shall remit to the City of Bremerton and there is hereby levied an excise ora tax computed at the rate of four percent (4%) two percent (2%) (or) three percent (3%) based upon the gross income received in the conduct of such activity, computed by multiplying the number of chances played on said punchboard or pull-tab times the price or value of each individual chance for play; (2) Any organization qualifying as a bona fide charitable or nonprofit organization pursuant to the provisions of Chapter 9.46 RCW, who desires to utilize punchboards or pull-tabs pursuant to Chapter 9.46 RCW shall remit to the City of Bremerton and there is hereby levied an excise ora tax computed at the rate of ten percent (10%) based on gross receipts from the operation of the games less the amount awarded as cash or merchandise prizes. Gross income received in the conduct of such activity, computed by multiplying the number of chances played on said punchboard or pull-tab times the price or value of each individual chance or play. Cash or merchandise awarded is computed by the amount of cash paid or cost of merchandise awarded; (g) (1) Social card games (player funded), in the amount of ten percent (10%) of the gross receipts received as fees charged persons for the privilege of playing in card games; (2) Social card games (house banked) in the amount of two percent (2%) of the gross receipts received by the house from such social card games; (h) Fund-raising events, as defined by RCW 9.46.0233, in the amount of ten percent (10%) of the net receipts derived from the fund-raising event. For the purpose of this section, "net receipts" means all money received by an organization during a given period of time, less the amount of money paid out as cash prizes during the same period of time. No additional expenditures which arise from the conducting of the fund-raising event shall be deducted for purposes of reducing the gross receipts to arrive at the net receipt. SECTION 2. 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 3. 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 ____________________, 2013 _________________________________ GREG WHEELER, Council President 3 Gambling Tax – Punchboards & Pull Tabs Approved this ________ day of ________________________, 2013 _________________________________ PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2013 EFFECTIVE the_________day of ______________________, 2013 ORDINANCE NO. ____________ R:\Legal\Legal\Ordinances\Finance\Gambling Tax (2013).docx