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08/06/2014 AGENDA
L•l�"til CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360)473-5280 AUGUST 6, 2014 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00—5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting —July 16, 2014 C. Minutes of Study Session —July 23, 2014 D. Renewal Agreement with West for Westlaw Research Subscription E. Reclassification of the Environmental Technician to a NPDES Stormwater Permit Coordinator; and Wage Grade Adjustment from Grade 15 to Grade 17 F. Award Contract for Construction of the Pavement Preservation Project(Chip Seal) G. Award Contract for Construction of the Pavement Preservation Project (Overlay) H. Supplemental Agreement No. 1 to amend Contract with Parametrix, Inc. for Construction Management of the Pavement Preservation Projects I. Public Work Agreement with King County Directors Association (KCDA)for Drainage Improvements to Pendergast Regional Park Ball Field No. 1 J. Grant Agreement with Washington State Department of Ecology (DOE) Coastal Protection Fund for Evergreen Rotary Park Renovation Project K. Change Order No. 2 to Contract with Pivetta Brothers Construction, Inc. for Evergreen Rotary Park Renovation Project L. License Agreement between the City of Bremerton and US Navy regarding construction of the Burwell Pedestrian Access Gate and Tunnel 6. GENERAL BUSINESS A. Amendment No. 1 to Professional Services Agreement with Kitsap Humane Society B. Ordinance No. 5253 amending Section 7.10.010 of the Bremerton Municipal Code (BMC) entitled "Impounding, Redemption, and Disposition of Pets and/or Livestock" C. Ordinance No. 5254 creating Chapter 5.12 of the Bremerton Municipal Code (BMC) entitled "Taxicabs" D. Resolution No. 3228 amending Rate Table A(Financial Services) and Rate Table D (Police Department)for services relating to Animal Control and Taxicabs 7. COUNCIL MEMBER REPORTS 8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING The Bremerton Transportation Benefit District(TBD) Board will meet after a brief recess; followed by an Exempt Closed Session by the Council Members for a discussion on "Labor Negotiations"per RCW 42.30.130(4)(b)... ® Americans with Disabilities Act(ADA)accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at(360)473-5323 at least 24 hours prior to the Meeting. BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO COMMENT & YOU WISH YOUR NAME TO BE INCLUDED IN THE RECORD Ded C.kei s L.e,Lo a nl vw s blaric4c, Ta herr eptc- -�� J- p g , r TO � REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU w. c-1 _ .•1:•,7•�;1u .`4.7,. I .a7n� ..4'.,F' , '• = V �. � •• � . r Y ( .a.*•. � 1�1• rig ql.•+' _ �r 1"el t� -., f � •t,; �.1,• !'�^:r' `,`: y 9 i F v '.r y f , a' VII 4W - OPJ "r r?a �'` A;fi'A Uf �"'3'r,+ I ,proclamation WHEREAS, the aircraft carrier USS RANGER (CV 61 / CVA 61) served our country for 36 years, earning 13 battle stars in Vietnam and remaining in active combat operations longer than any other carrier in the Gulf War; and WHEREAS, USS RANGER also distinguished itself in humanitarian missions, including Operation Restore Hope and refugee rescue; and WHEREAS, USS RANGER is the eighth RANGER to serve in the fleet and proudly represents the West Coast,having spent its entire active career in the Pacific; and WHEREAS, USS RANGER spent extensive time in the Bremerton shipyard during overhauls and has called Bremerton home since decommissioning in 1993; and WHEREAS, we seek to honor all the civilian shipyard workers, who, during RANGER'S time in Bremerton and today, keep our naval ships operating at the highest level of safety and efficiency; and WHEREAS,USS RANGER was listed on the Washington Heritage Register on June 20, 2014; and . WHEREAS, this important ship and the Navy, Marine, and Air Force personnel who served onboard deserve our recognition and respect; and WHEREAS, numerous veterans of USS RANGER continue to reside in the state of Washington; and WHEREAS,the keel for USS RANGER was laid in Virginia on 2 August 1954; NOW THEREFORE I, Patty Lent, Mayor of the city of Bremerton, do hereby proclaim August 2, 2014, as USS Ranger Day in Bremerton and I urge all citizens to join me in this special observance. Signed this 2nd day of August 2014 M yor Pa a ♦ r r ZZ FREE ADMISSION x FRIDAY , AUGUST OCTH 360. 377 .0113 * 0 D . ; . O 10 - 1 1 AM RAD 10 SHOW PUT ON BY RES I DENTS 11 . E SW ING DA LESSONS NOON - 3PM B I G BAND SAVOY N I GHTS PERFORMS SOUND lagr anterbuCryManor/4�ss�. INDEPENDENT SENIOR COMMUNITY Contact: Shelby Taylor FOR IMMEDIATE RELEASE Tel: 360/479-2883 Cell Phone: 206/914-9338 Email: erccommunications(a-),donobi.net SENIOR COMMUNITY TO HOST FABULOUS FORTIES-THEMED OPEN HOUSE BREMERTON (July 3, 2014)—Canterbury Manor, an independent senior community, recently announced its 1940s-themed open house as part of its anniversary celebration. The party commemorates 20 years of service and is from 10 a.m. to 4 p.m. Aug. 8 at 703 Callahan Dr., in Bremerton. All ages are welcome to attend this free event to get to know Canterbury Manor and the seniors who call the independent community home. The day's lineup includes: 10 to 11 a.m. –radio show put on by senior residents I 1 a.m. to noon – swing dance lessons Noon to 3 p.m. –big band Savoy Nights performs 3 to 4 p.m. –presentation by Puget Sound Navy Museum Reservations are required for lunch (11:30 a.m. to 1:30 p.m.), are accepted up to two days in advance and can be made by calling 360-377-0113. The buffet-style meal will feature Chinese cuisine, forties favorites and a Coca-Cola cake. "This theme was chosen by all residents, and it's really going to be the fabulous forties," Activities Director Robin Keehn said. "I'm looking forward to listening to their stories—many were in junior high or high school during this era, wearing pleated skirts, saddle shoes and rolled up jeans." Canterbury Manor has provided affordable housing and services for over 19 years. More information can be found at www.canterburvmanor.Ore. Aj + if•�1,N ,;� V ,� 1 ��� r-- Q e lo u , I AUGUST r AUGUST 1 f Z' v L �� r l uu ( ,'✓ �� ^ %�hJ J���rD�D rVlyl, � ' p � ; ` i o c.rTQ' Irl" A BREMERTON T}.;i ��}1-`T`F'r �'� t. yam_ l .;• � :. t p ✓S r-' t r i—•-c td� rs � C� � �� -"t a fr. J, 5 ` . A4 V 70 �-I x Goodwill Because jobs change lives FR Classes andTraining Next Session : August 11 October 2 2014 Specific classes and schedules vary by location, contact the Bremerton or Silverdale Job Training & Education Centers for more information. Computer Literacy: Keyboarding, Computer Basics, Microsoft Word 2010, Microsoft Excel 2010, Job Search & Computer Lab, Microsoft Outlook/Internet/and E-Mail Basic Skills & G.E.D Preparation: Basic Math, G.E.D. Prep ESOL — English for Speakers of Other Languages: ESOL Levels 1-3, US Citizenship Prep Retail Job Skills: Cashiering, Retail and Customer Service Training Program Bremerton Goodwill 1360-373-3692 Silverdale Goodwill 1360-698-6776 4209 Wheaton Way I Brei-iierton, 10 10001 Mickleberry ' d NW I Silverdale, 98383 i i Annual Fall Fair Sunday, Sept 7 1 OAM 6PM Port Gamble I pinfoCcbkitsapfood . . . . 60-813-1310 t P'llease" ' IIis, E-mot, ear _roo ff Stood Ra�ld lo po��i n�� h om, o mi , t 'II ► tairry, rr� Aug s ✓ KI TSA P BA N K News Release Contact: Shannon Childs SVP/Marketing Director For Immediate Release Kitsap Bank (360) 876-5542 July 31, 2014 schilds@kitsapbank.com KITSAP BANK ANNOUNCES SEMI-FINALISTS FOR edg3 FUND SMALL BUSINESS COMPETITION Port Orchard, WA—Kitsap Bank is very pleased to announce the semi-finalists in their inaugural edg3 FUND (rhymes with hedge fund) small business competition. The mission of edg3 FUND is to recognize entrepreneurs dedicated to growing their community in three ways: economically, socially, or environmentally. The bank received nearly 70 applications from entrepreneurs throughout Western Washington in industries ranging from foodibeverages and tourism to arts, education and agriculture. "We are excited to have received applications from a number of very promising companies," stated Tony George, Kitsap Bank's President/COO. "All of these innovative and hardworking business people are doing great things to promote a sustainable community, and we were honored that they invested their time and effort to join our contest." Competition was so keen, in fact, that the semi-final judges could not break a tie in scoring the top 15 contestants, and ultimately decided to move 16 companies forward to the semi-final round. The companies chosen to participate are: Cape Cleare Fishery,Port Townsend,WA Eleven Winery,Bainbridge Island, WA F.R.O.G. Soap,Bremerton,WA Finnriver Cidery, Chimacum, WA Force 10 Sailmaking and Rigging,Nordland,WA GoXpedition, Sequim,WA Monica's Waterfront Bakery and Cafe, Silverdale, WA Moonlight Farm, Quilcene,WA North Kitsap Metal Recycling, LLC, Kingston,WA 360-876-5542 Kitsap Bank www.kitsapbank.com 619 Bay Street Port Orchard, WA 98366 - ER. O. G. SoapTM ® e 504 Fifth Street Bremerton, WA 98337 360-337-0934 Help Us Win F.R.O.G. Soap has made $.20t.10.00 ! p the semi-finalist round of the Kitsap Bank Edg3-Fund wwW.kiIsap4aA.com/edg3;Iu'.nd. oo�ed63 FUND small business competitibo entry at ww.kitsaptiaA.com/odg3=land,and then VOTE FOR US! Competition for $20,000. Voting end§"August.15th. 3 Atlr upawx FUND �- Visit www.froLsoap.com or www.kitsapbank.com to vote now through August 151h. • s te l r4 . 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'A�. w -���� �? 3030 _ -��� y[r '�� r,• I(-,�� ,711 - y - - , • - -,--'-- 1 -_, `� '= _ � __ I s - 'fit, R � wk 14 2 - r' - - � •�3d.L�i�4rbr•a ..r - 4 ..,tot•- + '. k y, 0V : w , tA y � t Saturday, August 23, 2014 ( Every 4t" Saturday ) 10@000 AM -Meet up at the dock Point of Contact: Rick at (360) 373-0282 Z`• 't,' � -Fti � 1.T r+T� � '�1�� d yl� �I� rjP47 I _I, '- 1�� • I}Y :rTi'. , • • '� yam.• y-+-ftt 1"'• s 6. ' '•q .F - ,y /' :�T lis ` '�'i, i —t+d-' .•ca`i.'i'• r� .:+s � .• - - - •Y � d ,•.tel'. rte' •:,. / ?v �. -y'/ '/ V 1JONS ' • • PROGRAMThe 1/3 mile long park beach was planted with 50+trees, 250 grosses f - Lions Park was given an environmentally friendly makover in 2010&2011. and •• shrubs. • funding for maintenance and wood killers being banned along overgrown with did not prevent the weeds from multiplying. Thus AdoW A Beach was .• noxiousvolunteersld each ll beach the year, the weed war could be won. Many hands make light worki �1y-.. --X11.r --• 4 -�}• TH CARS i 0 3RD fRIDAY Of EVERY M............ ONTH i - i. IIS' PRU Jun - 20 " July 1 T" Augusvt 1 `T'" S: Imber 19TH" e FRE HDT DUGS fUR L SND U RT D PA TS R f�Lf WITH PRIIf�S, ALL PRDC��DS COIN TU V T�R NS A 1.141 UDM .D S PPO TING WOUNUf�D WAR IORS. verenan9 A ?commwno JOIN US AS WE 1994 2014 CELEBRATE 20 YEARS 20 YEARS .', Helping you achieve your health goals 3324 Wheaton Way Bremerton, WA 98310 360-782-0909 August 9t" Doors open at 9arn g p Evuen-- • First 100 customers receive FREE gift bag with purchase • FREE product demo's by garden of life and Store Personnel • Raffle drawings W:eines,s. :Pa;rtne:rs: :�fr.o.:TV.. 1:1.am: • Chiropractic Lifestyle Center — Chiropractic and Wellness Center. • Dungeon Fitness - Strength and Conditioning Personal Training. • Belltowne Veterinary Clinic: Full Service Holistic Vet clinic. • Hilary Ernst — Relax and Recover Manual Therapy and Massage. • Joyce Brown & Linda McManus — Certified Acupuncturist's. ioin-us-on-ine Louis Mentor Boardwalk 1K '.1 T _j ,A,� illtvl .1 i" I Bremerton ............... Next to the Bremerton Ferry Dock 'lift v Cberry K--TKTSAF ,'__ >_ Sep o D 4 9:00am - Sign-in CIS A 10:00a n1 - Walk Register at 51K https://kitsapwalk.dojiggy.com Jdn us for a waR at Lives are changin`gev`eryd5`ye��� the Blackberry Fesdva§ people like you. Thank you for your vol- unteer time, your gifts, and your inter- est in improving your community. At Habitat for Humanity of Kitsap County, we envision a world in which everyone has a decent place to live. Explore our nabitat site to learn how you can make fothat world possible here in your own com- munity. Humanity munity. of 'Allssap County INA �j For more information: Mike Canfield (360) 990-1255 mike@communitywalks.net Event Managed by Community Walks Inc. INC ` I ) �• :kit480 ... _ f•/ V ',i a"Nor- i mm' �•1 Ok Ic ✓/ . � .. Ate^,. IQ \ _ aw i JULY lo JIM BASNIGHT JULY n WO SLACK JACK JULY za BRBMF,RTOIQ SIGH SCHOOLBAND JULY 31 ROAD HARD nucusr 7 BOY BLUE AND ?8E MOON AUGUST14 THE WALO CO 80 AUGUST 21 NAVY BAND i - '� �, - � r c r ; - .� -y - ' 1 � 4 - - �F �Y ..� .�' - 9 - _ _ '� ,,� , - �� �.r �� �� .Zany� ',� � ����, �� ��� �. - �, ,� � ,� � � � ,� �. �_ �� �► w�� �� ti� �` "� �� ��i�`.. �� v���� � �. T�� �; � t' "� �. ,,`* �- AGENDA BILL SA CITY OF BREMERTON CITY COUNCIL SUBJECT: Claims &Check Register Study Session Date: COUNCIL MEETING Date: August 6, 2014 Department: Financial Services Presenter: Shannon Corin Phone: 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1) Check#'s 359193 through 359473 and EFT's 14030 through 14074 in the amount of $1,413,306.29. 2) Regular Payroll for the pay period ending July 15, 2014 in the amount of$731,497.66. 3) Regular Payroll for the pay period ending July 31, 2014 in the amount of$737,200.42. 4) Retiree Payroll for the pay period ending July 31, 2014 in the amount of$54,326.62. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ® No Presentation ❑ Full Presentation STUDY SESSION ACTION: ® Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve consent agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01125113 AGENDA BILL 466 CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Minutes of Meeting — Study Session Date: N/A July 16, 2014 COUNCIL MEETING Date: August 6, 2014 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting on July 16, 2014. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, July 16, 2014 A weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, July 16, 2014, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Greg Wheeler presiding. Council Members present were Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan. Council Member Eric Younger was absent. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin; Council Assistant Christine Grenier; and Kevin Matthew, Information Services Manager. A COUNCIL BRIEFING was held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Mike Sullivan followed by the invocation provided by Deacon Bill Hamlin of Our Lady Star of the Sea Church. MAYOR'S REPORT—Mayor Patty Lent... • Presented an Award on behalf of the Wyland Foundation to Kathleen Cahall, Water Resources Manager for the City of Bremerton's participation in the National Mayor's Conservation Challenge; • Announced the 5 1 Annual "Beautify Bremerton" All City Clean-Up will be held on Saturday, September 20 from 8:00 AM to 2:00 PM which will include free residential disposal of yard waste in parking lot at Legion Field located at East 291h Street; • Announced the next "Music in Manette" Concert on Thursday, July 17 will feature No Slack Jack, and was thrilled with the turnout at last Saturday's Brewfest. BPD BRIEFING Police Chief Steve Strachan provided a monthly update on police operations; announced that there will be a Kick-Off for Mental Illness Crisis Intervention on July 30 at 3:00 PM at Poulsbo City Hall; and a Community Awareness BBQ on August 9 from Noon to 5:00 PM at Kiwanis Park; and thanked the Council Members who attended the Public Safety Facilities Tour last week. Comments were provided by Runyon, Daugs, Sullivan, and McDonald... PUBLIC RECOGNITION Ron Wilde hoped that the City of Bremerton would take action to restrict discharge of illegal fireworks to certain locations. President Wheeler referred Mr. Wilde to Community Resource Specialist Joe Sexton to discuss this issue. Donna Nielson asked for clarification on why homeowners are paying a fee for rental property; and provided comments in support of the proposed casino. President Wheeler answered that there is a landlord notification program which is a benefit for paying the required fee for rentals; and clarified that there is no action scheduled regarding the proposed casino. Ron Raaae asked the City to remove its ordinance on card clubs since it is not being used. CONSENT AGENDA 6A— Claims & Check Register: Check Numbers 359004 through 359193, and EFT-13989 through EFT-14029 in the amount of $1,845,985.74; and Supplemental Regular Payroll for the pay period ending June 30, 2014 in the amount of $370.01 6B- Minutes of Meeting —July 2, 2014 6C— Minutes of Special Meeting (Tour of Public Safety Facilities) —July 9, 2014 City Council Meeting Minutes Wednesday, July 16, 2014 Page 2 of 5 6D— Minutes of Study Session —July 9, 2014 6E— Resolution No. 3223 to establish August 20, 2014 as a public hearing date to vacate a portion of the alley located south of Burwell Street and east of Chester Avenue for the Bremerton Police Department 6F— Resolution No. 3224 to establish August 20, 2014 as a public hearing date to vacate the south half of Home Street between Winfield Avenue and the alley to the west 6G — Resolution No. 3225 to establish August 20, 2014 as a public hearing date to vacate a portion of Chester Avenue and dedicate Broadway Avenue, both actions between 16'h and 18'h Streets 6H — Resolution No. 3226 to establish August 20, 2014 as a public hearing date to vacate a portion of the south half of 9'h Street between Pitt Avenue and Shore Drive 61— Installation of required equipment by Systems for Public Safety, Inc. on three (3) Ford Interceptor Utility Vehicles for the Bremerton Police Department 6J — Amendment to the Police Department Budget to increase one FTE Sergeant position, and eliminate one FTE Police Officer position 6K— Amendment to the Human Resources Budget to add one Human Resources Analyst position; and placement of the current Legal Assistant at Step 2 of Pay Band 9 on the Management and Professional Salary Plan There were no questions or comments from the public... 06:04:50 Motion was made by Davis and seconded by Sullivan; questions and comments were provided by Runyon (Items 6J and 6K), and Daugs (Item 6K); with responses provided by Police Chief Strachan, Mr. Lubovich, and Ms. Corin... 06:09:05 M/S/C (Davis/Sullivan) Move to approve the CONSENT AGENDA as presented. Voted in favor of Motion: Sullivan; McDonald; Davis; Wheeler Voted opposed to Motion: Daugs; Runyon Motion carried: 4-Yes; 2-No PUBLIC HEARINGS 7A— PUBLIC HEARING ON RESOLUTION NO. 3227 TO ADOPT THE CITY OF BREMERTON'S 2015-2020 SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN (TIP): Chal Martin, Public Works & Utilities Director, summarized that the Six-Year Transportation Improvement Plan is prepared pursuant to RCW 35.77.010; is updated annually; is filed with the Secretary of Transportation, Local Programs Office; and is intended as a planning tool for the local, State, and Federal transportation funding entities. The TIP has been prepared for City Council approval by Resolution prior to submittal to the Washington State Department of Transportation; and is consistent with Bremerton's Comprehensive and Non-Motorized Transportation Plans, and Street CIP. President Wheeler opened the public hearing...With no comments from the public, President Wheeler closed the hearing to the public, and opened discussion to the City Council... 06:11:12 Motion was made by Daugs and seconded by Runyon; comments and questions were provided by Daugs and Runyon; with responses provided by Mr. Martin... 06:16:09 M/S/C/U (Daugs/Runyon) Move to approve Resolution No. 3227, which approves the City's 2015-2020 Six-Year Transportation Improvement Plan, and direct the Mayor to forward the Resolution and Plan to the Department of Transportation, Local Programs Office. City Council Meeting Minutes Wednesday, July 16, 2014 Page 3 of 5 7B— PUBLIC HEARING ON ORDINANCE NO. 5251 TO AMEND THE BREMERTON MUNICIPAL CODE (BMC) TITLE 20 ENTITLED "ZONING CODE" AND TO AMEND THE OFFICIAL ZONING MAP: Nicole Floyd, Senior Planner, explained that the action before the Council is to conduct a Public Hearing and adopt an Ordinance amending BMC Title 20 as follows: 1) Amend the Official Zoning Map related to the three District Centers within the City by increasing the amount of District Center Core zoning and reducing the amount of Low Density Residential zoning with District Center Core Zoning in specific areas; and 2) Amend BMC 20.70—The District Center Core Zone to allow for multi-family residential uses, modifying height limits and enhance visual screening requirements. President Wheeler opened the public hearing... Comments from the public were provided by Tom Remick; Mike Benefiel; Patricia Hennessy (Youth Wellness Campus); Rick Tift(Chair of Planning Commission); Gale Galesaie (Fraternal Order of Eagles); Clint Mulle; Jerry Wheeler, and Dave Rubie. With no further comments from the public, President Wheeler closed the hearing to the public, and opened discussion to the City Council... 06:52:00 Motion was made by Runyon;and seconded by Daugs; comments and questions were provided by Runyon, Daugs, Davis, McDonald, Sullivan, and Wheeler, with responses provided by Ms. Floyd and Mayor Lent. 07:12:00 M/S/C/U (Runyon/Daugs) Move to pass Ordinance No. 5251 to amend the Official Zoning Map and BMC 20.70 related to multi-family uses, modify height requirements, and visual screening within the District Center Core zone. GENERAL BUSINESS 8A—ORDINANCE NO. 5252 TO AMEND BREMERTON MUNICIPAL CODE (BMC) CHAPTER 2.18 ENTITLED "AUDIT COMMITTEE AND CITY AUDITOR": Roger Lubovich, City Attorney, summarized that the proposed ordinance amends Chapter 2.18 relating to the Auditing Committee and the City Auditor by clarifying the designation of Council Members and the Certified Public Accountant to the Audit Committee and makes other related changes. There were no comments from the public... 07:16:45 Motion was made by Daugs and seconded by Sullivan; comments were provided by Daugs and Runyon. 07:18:35 M/S/C/U (Daugs/Sullivan) Move to pass Ordinance No. 5252 amending Chapter 2.18 of the Bremerton Municipal Code related to the Audit Committee and City Auditor. 8B—APPROVE TO ELIMINATE ONE FTE FORESTRY MANAGER POSITION, DECREASE ONE FTE FOREST SERVICE SPECIALIAST SENIOR POSITION, ADD ONE FTE FOREST SERVICE SPECIALIST, AND ADD ONE FTE OFFICE ASSISTANT SENIOR: Chal Martin, Public Works & Utilities Director, explained that the Public Works is proposing elimination of the Forestry Division Manager position, with the management duties of that position to be assigned to remaining division managers. To help with the additional administrative work associated with the Forestry function, we are proposing to add an Office Assistant Senior position. There will be no change in the total FTE in the Forestry Department. City Council Meeting Minutes Wednesday, July 16, 2014 Page 4 of 5 The reorganization consists of the following: • The Administration Division Manager will absorb oversight of the administrative, timber harvest, project coordination, and best practices. The Forestry Supervisor will report to the Administration Division Manager. • The Wastewater Division Manager will oversee the Biosolids program. • The Water Resources Division Manager will oversee regulatory compliance activities and watershed oversight functions. • The Maintenance Division Manager, in coordination with the Police Department, the Public Works Director, and other Public Works and City departments, will oversee the City's shooting range. • The current vacant position of Forestry Service Specialist Senior (grade 12) will be reclassified to a Forestry Service Specialist (grade 10) position. • An Office Assistant Senior position (grade 8) will be added. Follow-up desk audits when necessary and appropriate to ensure proper position classifications. There were no comments from the public... 07:21:35 Motion was made by Runyon and seconded by Davis; comments were provided by Runyon. 07:23:01 M/S/C/U (Runyon/Davis) Move to approve the elimination of one FTE Forestry Manager position, decrease one FTE Forest Service Specialist Senior position, the addition of one FTE Forest Service Specialist, and the addition of one FTE Office Assistant Senior. COUNCIL MEMBER REPORTS Roy Runyon reported on the Beyond Accessible Work Party at Evergreen Rotary Park followed by a very successful Brewfest held last Saturday; mentioned that there was a community meeting to discuss a proposal to build a casino on Callow Avenue and that many citizens provided comments at the Planning Commission meeting; and thought the Council should have a discussion on a possible referendum regarding fireworks. Dino Davis announced the grand re-opening of Elite Danse Studio located at 2512 6th Street would be this Saturday on July 19 beginning at 1:00 PM; also attended Brewfest as a volunteer with Bremerton Foodline; and will be providing details soon on the Chowdown in Charleston coming in August. Jerry McDonald welcomed new business Chandelier now located at 721 Pacific Avenue and looked forward to their Grand Opening on Saturday, July 19 from 11:00 AM to 6:00 PM; announced that the 3rd Annual Edible Gardens and Tour De Coop will be held on August 2 from 10:00 AM to 2:00 PM starting from the New Life Assembly parking lot on Ironsides Avenue; encouraged people to check out the Music in Manette Concert Series held every Thursday through August 21; was pleased that the Horse & Cow restaurant opened last Wednesday; was excited that Sweet & Smokey will be opening next week on Park Avenue; and encouraged people to attend Farmers Markets. Leslie Dauas announced that the next Cars of Summer Cruise will be held on Friday, July 18 from 5:00 to 8:00 PM at the Perry Avenue Mall; also announced that Kids' Day will be on Sunday, July 20 from 12:00 to 5:00 PM hosted by McCloud's Grill House at 2901 Perry Avenue in the Perry Avenue Mall; and encouraged interested volunteers and prospective homeowners to attend "Habitat 101" Workshop on Thursday, July 24 at 6:00 PM in the First Floor Meeting Chambers; reported that per the Fire Chief, there were only 7 incidents involving fireworks; enjoyed the Bram Brata steel drum performance this afternoon; and thanked everyone involved in Brewfest. City Council Meeting Minutes Wednesday, July 16, 2014 Page 5 of 5 Mike Sullivan announced that the next Lions Park Beach Clean-Up will be on Saturday, July 26 starting at 10:00 AM; will be hosting his first Community Meeting on Thursday, July 31 from 6:30 to 8:00 PM in Shelter 1 at Lions Park and that Fire Chief Al Duke, Police Chief Steve Strachan, and Public Works Director Chal Martin would be in attendance; thanked Community Development as well as the Police and Fire department staff for offering tours of his district and of City facilities; and also enjoyed the newly re-opened Horse & Cow restaurant. Greq Wheeler announced that there will be a Kiwanis Part Work Party on Saturday, July 26; and commended City staff and volunteers who participated on the work party at Evergreen Rotary Park. President Wheeler announced that after a brief recess, the Transportation Benefit District Board will hold its meeting. With no further Council business, President Wheeler adjourned the Council Meeting at 7:40 PM. Prepared and Submitted by: n CHRISTINE GRENIER Council Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Minutes of Study Session— Study Session Date: N/A July 23, 2014 COUNCIL MEETING Date: August 6, 2014 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Study Session on July 23, 2014. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, July 23, 2014 A Study Session of the City Council of the City of Bremerton was called to order in the First Floor Chambers of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, July 23, 2014, at 5:15 PM, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan. Lori Smith, Legislative Assistant, was present to provide staff support. President Wheeler emphasized that the Study Session was open to the public; and except for Item B9, there would be no opportunities for input or participation, no action was anticipated; and announced that approved items by Council will be placed on the August 6, 2014 Council Meeting Agenda; or as indicated. A. NO PRESENTATION PLANNED — The following items are budgeted items or have been reviewed by the appropriate Council Committee... 1. Renewal Agreement with West for Westlaw Research Subscription Consent Agenda 2. Reclassification of the Environmental Technician to a NPDES Stormwater Permit Coordinator; and Wage Grade Adjustment from Grade 15 to Grade 17 Consent Agenda 3. Award Contract for Construction of the Pavement Preservation Project (Chip Seal) Consent Agenda 4. Award Contract for Construction of the Pavement Preservation Project (Overlay) Consent Agenda 5. Supplemental Agreement No. 1 to amend Contract with Parametrix, Inc. for Construction Management of the Pavement Preservation Projects Consent Agenda 6. Public Work Agreement with King County Directors Association (KCDA) for Drainage Improvements to Pendergast Regional Park Ball Field No. 1 Consent Agenda 7. Grant Agreement with Washington State Department of Ecology (DOE) Coastal Protection Fund for Evergreen Rotary Park Renovation Project Consent Agenda 8. Change Order No. 2 to Contract with Pivetta Brothers Construction, Inc. for Evergreen Rotary Park Renovation Project Consent Agenda B. BRIEFINGS & FULL PRESENTATIONS 9. SELECTION OF PROJECT CONFIGURATION FOR WASHINGTON AVENUE (5"' STREET TO MANETTE BRIDGE): Chal Martin, Public Works & Utilities Director, explained that the City received a $1.7 million bicycle/pedestrian grant from WSDOT to improve a segment of Washington Avenue between 5th Street and the Manette Bridge. Over the last several months, three possible configurations emerged: • Option 1: one vehicular travel lane northbound and southbound • Option 2: two lanes northbound and one lane southbound • Option 3: two lanes (northbound only) from 6th Street to the Manette Bridge At its meeting on July 2, 2014, the Council moved to preliminarily approve Option 2. On July 18, 2014, WSDOT informed the City that if the City changed the project scope to Option 2, the grant would be cancelled. The City Administration recommends that Council vote to withdraw its approval of Option 2 and move to approve Option 1. Comments from the public were provided by Rick Feeney,Jane Rebelowski; Georgia; Robert Parker;James Soady; Lee Dessor(also submitted a letter into the record);and Bob Dollar; with responses provided by Mr. Martin... City Council Study Session Minutes Wednesday, July 23, 2014 Page 2of2 05:49:23 Main Motion was made by Younger,and seconded by Davis... Questions and comments were provided by Younger, Runyon, Davis, Daugs, Sullivan, McDonald, and Wheeler, with responses provided by Mr. Martin, Parametrix, and Mr. Feeney... 06:35:08 M/(Runyon) Motion to Continue, to move this item to the regular Council Meeting on August 6, 2014. Motion died due to lack of a second... 07:14:17 M/S/C (Younger/Davis) Move to withdraw approval of Option 2 for the Washington Avenue Improvement Project as passed on July 2, 2014; further move to approve Option 1 for the Washington Avenue improvement project; and authorize the Mayor to proceed with project design for the indicated street configuration. Voted in Favor of Motion: Daugs, McDonald, Davis, Younger, Wheeler Voted Against Motion: Sullivan, Runyon Motion carried: 5-Yes; 2-No President Wheeler called a recess from 7.15 to 7.•25 PM... 10. Amendment No. 1 to the Professional Services Agreement with the Kitsap Humane Society General Business 11. Ordinance amending Section 7.10.010 of the Bremerton Municipal Code (BMC) entitled "Impounding, Redemption, and Disposition of Pets and/or Livestock" General Business 12. Ordinance creating Chapter 5.12 of the Bremerton Municipal Code (BMC) entitled "Taxicabs" General Business 13. Resolution amending Rate Table A (Financial Services) and Rate Table D (Police Department) for services relating to Animal Control and Taxicabs General Business 14. License Agreement between the City of Bremerton and US Navy regarding construction of the Burwell Pedestrian Access Gate and Tunnel Consent Agenda C. GENERAL COUNCIL BUSINESS o Audit Committee Briefing (7/17/14 Meeting) — Leslie Daugs, Chair o Finance and Investment Committee Briefing (7/22/14 Meeting)— Roy Runyon, Chair o Lodging Tax Advisory Committee Briefing (7/22/14 & 7/23/14 Meetings)—Dino Davis, Chair o Other General Council Business was briefly discussed. With no further business, President Wheeler adjourned the Council Study Session at 8:50 PM. Pre red anq�Submi ed by: L I SMITH Attest: Legislative Assistant SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Renewal Agreement with West Study Session Date: July 23, 2014 for Westlaw Research Subscription COUNCIL MEETING Date: August 6, 2014 Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The City Attorney's Office uses West for its Westlaw legal research subscriptions. The current contract with West expires August 31, 2014, and the City Attorney's Office wishes to renew the contract. The monthly fee is $772.50 per month, with a 3%CPI adjustment on each anniversary of the contract. This is the same fee as in the current contract. The total two-year cost for the contract will be approximately $19,000. ATTACHMENTS: West Renewal Agreement FISCAL IMPACTS (Include Budgeted Amount): The City Attorney's Office budget has sufficient funds available in the 2014 budget to fund the monthly fee from September through December 2014. The monthly fees for 2015 will be included in the City Attorney's 2015 budget. STUDY SESSION AGENDA: Z No Presentation ❑ Full Presentation STUDY SESSION ACTION: F-1 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Renewal Agreement with West and authorize the City Attorney to finalize and execute a two-year contract renewal with West for legal research subscriptions. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 P4� WEST ORDER FORM 610 Opperman Drive,P.O.Box 64833 ...... THOMSON REUTERS' St.Paul,MN 55164-1803 TO:6511687-9000 (,'heck West 0"wrint gwi -bo-im as 00do Rep Name&Number New (NACI Form attached) Existing with increase Credit[Amit (NACI Form attached) Existing with no ebanges Existing with changes _ (Permanent came change must attach a Customer Name Change Form) AW# j000 7/8 f 72- PO# Date (a l7 Name/Subscriber re In em-/-v/1 C itv 7Y0-^n ec.1 Bill To Acct Y Order Confirmation Contact Name 7Af_/MCL/ M E-Mail ci . S(&14. Password Contact Name(for password delivery) 74 elm a sw v? E-Mail th-e/47 4. _S W Lotb 0 0-1" . b rO/"eo, Time and Billing Contact Name 74,e/rh a swem E-Mail t he J rha . 5Z_-,_o m Q oi e. b cem ezn6m3 . k.,I a Permanent Address Change One-Time Ship To Additional Ship To Additional Bill To Name Attn: Address Suite/Floor Cily State County Zip re P-11 WesdamPROT"WD-RONI/Practiee Solutions/Software/West LlEdcenter Products Westlowl"ROICD-ROM/Practice Monthly Rate Per User/Conc. Total Alloothly Full Svc N Solutions/SoftworeAVLEc Products Quantity 112nded/lIme Rate User Rate Other Charges Notes: •Fill in the maximum number of Passwords.Users,Seats.1'f Es.Students.Terminals.CD/Conc.Patron Users.Active Legal Holds.Quantity of Additional Storage. Total Monthly Charges S Monthly charges("Monthly Charges").are billed on the date West processes Subscriber's order and continue for a minimum of 12 complete calendar months("Minimum n ra Subscriber elects a longer Minimum Term for Term,,).Upon conclusion of the Minimum Term.charges for CD-ROM products are billed thereafter at then-currant rates.if Subscr imn-CD-ROM products the Monthly Charges will be billed asset forth herein. Any additional users added to any existing Per User CD-ROM product licensed by Subscriber Froin West shall be tied to the Minimum Term of the underlying Order Form for such product(s). Subscriber's Initials for 24 Month Minimum Term SUbSCTIbCr agrees to commit to a Minimum Tenn of 24 months and the Monthly Charges for the second 12 months not to increase by more than 50 over the Monthly Charges for the initial 12 Months. Subscriber's initials for 36 Month Minimum Term Subscriber agrees to commit to 9 Minimum Term of 36 months and the Monthly Charges for the second 12 months not to increase by more than over the Monthly Charges for the initial 12 months and tile Monthly Charges for the third 12 months not to increase by more than */a over the Monthly Charges for the second 12 months. Non-Government Subscribers Only. Upon conclusion of the mimmum"rerm,including West LegolEticenter product(s)that are part of a WesdawPRO Select the respective Subscriber Agreement and this Order Form will automatically renew for consecutive 12-month periods("Renewal Terni'),and the MonthlyCharges for the Rcm%-,A Tcrm(s)will increase 7%per year unless either party gives written notice of cancellation to the other party at least 30 days in advance of any RencA-at Term including the first Renewal Term Additionally,West may at its discretion provide Subscriber with notice at least 60 days in advance of any Renewal Term of a Monthly Charge increase different from 7%after which Subscriber shall have 30 days to provide West with written notice of cancellation if Subscriber does not wish to renew. Excluded Charges may be modified as set forth in the respective Subscriber Agreement(as defined herein).Subscriber is responsible for all Excluded Charges as incurred. During any Renewal Tenn.Subscriber's access to and use of any product shall be governed by the respective Subscriber Agreement. Upon conclusion of the West LegalEdcenter Minimum Term,as applicable solely to West LegalEdcenter product(s)that are not pan of WestlawPRO Select,charges for West LegalEdcenter products are billed thereafter at up to then-current rates. 10/1/13 SAMInet 8.dW Pg �. Government Subscribers Only. Upon conclusion of the Minimum'term,Monthly Charges are billed thereafter at up to then-current rates.Excluded Charges and Monthly Charges(after the Minimum Term)may be modified as set forth in the respective Subscriber Agreement(as defined herein). Subscriber is responsible for all Excluded Charges as incurred.After the Minimum Term.Subscriber's access to and use of any product shall be governed by the respective Subscriber Agreement. Upon conclusion of the West LegalEdcenter Minimum Term,as applicable solely to West Legali deenter product(s)that are not part or a WestlawPRO Select,charges for West LegalEdcenter products are billed thereafter at up to then-current rates. --� Subscriber's Initials for Banded Products. Subscriber has S attorneys(partners,shareholders,associates,contract or stall'attorneys,of counsel and the Iike),corporate users or students and Personnel(if ordering a Paralegal Plan)I'or the location identified above or FTF.'s(if ordering Campus Research)for WesdawPRO,CD- ROM case law and/or West LegalEdcenter orders. If West learns that the actual number exceeds the number certified above,West reserves the right to increase Subscriber's charges as applicable. CD-ROM,DVD and/or West I.egalEdcenter annual billing(please check if requested) Internal Corporate Use Only BND West L 1mlEdeenter Online Features and Services: Subscriber's Initials-Subscnber acknowledges that each user will receive an initial e-mail communication from West LegalEdcenter which includes important information about using the service(including usemame and password),as well as ongoing communication regarding new online programs available in their practice areas)and special announcements. Subscriber's users may opt out after the initial a-mail communication. Programs excluded from the Online CLE Pass shall be billed at then-current rates via credit card billing. Technical Contacts for Westlaw Patron Access,Campus Research and Thomson Innovation Administrator Technical Contact Name(please print): Telephone: E-Mail Address: Current Account#: Patron Access:IP Address: _ On r IP Address per terminal Addmami pages mat ba atimbed irnwded ------ Campus Research:IP Address Range •Orders submitted without IP Address information may delay set up and access Subscriber Initials 'terminals will be used for Patron Access(not required for Campus Research). Subscriber Initials Concurrent users will be used I'or Patron Access(not required for Campus Research). In the event Subscriber desires to increase the number of publicly accessible terminals or concurrent users,Subscriber must contact West. If West leans that Subscriber has increased the number of publicly accessible terminals,West reserves the right to increase Subscriber's charges as Applicable. For Internal Office(!se Only OF Instructions: Max Concu=#of terms/Ernl to WTC/Blk Ancil/I term=5 att y=I pwfrech cont=59 Thomson Innovation Administrator Name(please print): E-Mail Address: WesilawPRO/Proctice Solutions/Software Renewals 'Current Monthly Charges islare rate(s)in erect as of the date of this Order Form and may not be the rate(s)in effect when rate(s)for the Renewal'term is/are calculated,depending on the length of the current Minimum Tern or current Renewal Term. Sub Matt# WestlawPRO/Practice Solullona/So(tware Products Current Monthly Charges* 5 -- Notes: I0/1/13 SAMlnet 8.dn► ?C� Subscriber's Initiate for 12 fllonlb Renewal Terni**Subscriber agrees to commit to an additional 12 months and the Monthly Charges for the such additional 12 months shall hL °'o more than the Monthly Charges in effect at the end of the current Minimum Term and/or current Renewal Term. Subscriber's Initials for 24 Month Renewal Term**Subscriber agrees to commit to an additional 24 months.no Monthly Charms for the first additional 12 months shall be %more than the Monthly Charges in effect at the end of the current Minimum Term and/or current Renewal Term and the Monthly Charges for the second additional I2 months shall be—72L°/a more than the Monthly Charges for the first additional 12 months. Subscriber's Initials for 36 Mouth Renewal Term**Subscriber agrees to commit to an additional 36 months. The Monthly Charges for the first additional 12 months shall be %more than the Monthly Charges in effect at the end of the current Minimum Term and/or current Renewal Term and the Monthly Charges for the second additional 12 months shall be %more than the Monthly Charges for the first additional 12 months. The Monthly Charges for the third additional 12 months shall be %more than the Monthly Charges for the second additional 12 months In the event a promotion in the underlying Order Fonm required Subscriber to maintain a subscription to certain West products in order to be eligible for such promotion ("Dependency Subscription(s)"),Subscriber must also maintain such Dependency Suhscription(s)during the Renewal Term so that Subscriber may be eligible for the pricing set forth herein.In the event Subscriber terminates any of the Dependency Subscriptions)during the Renewal Tenn,any promotions and related discounts for the Dependency Subscription(s)shall immediately terminate. "Effective at the end of the current Minimum'Term or current Renewal Term. No"overnment Subscribers Only. Upon conclusion of the Renewal Term designated above,the respective Subscriber Agreement and this Order Fornt will automatically renew for consecutive 12-month period&and the Monthly Charges for the Renewal Term(s)will increase 7%per year unless either party gives written notice of cancellation to the other party at least 30 days in advance of any Renewal Tenn.Additionally,West may at its discretion provide Subscriber with notice at least 60 days in advance of any Renewal Tenn of a Monthly Charge increase different from 7%alter which Subscriber shall have 30 days to provide West with wvritten notice of cancellation if Subscriber does not wish to renew. Excluded Charges may be modified as set forth in the respective Subscriber Agreement Subscriber is responsible for all Excluded Charges as incurred.During any Renewal Term,Subscriber's acciess to and use of any product shall be governed by the respective Subscriber Agreement. Goverameal Subscribers Only. Upon conclusion of the Renewal Term designated ahme.Monthly Charges are billed thereafter at then current rates.Excluded Charges and Monthly Charges(after the Renewal Term)may be modified as set forth in the respective Subscriber Agreement.Subscriber is responsible for all Excluded Charges as incurred.During the Renewal Term and thereafter,Subscriber's access to and use of any product shall be governed by the respective Subscriber Agreement. Passwords and QuickVicw+ Lost Name First Name M.L Jda Cirk Attv Lib Para Other Product(s) Subscriber shall authorize which Westlaw password(s)shall have access to QuickVtcwa*. Actual charges billed by West may vary from charges reported on QuickView+. Subscriber shall pay charges as billed. West does not warrant and has no liability with respect to accuracy of charges Grother information on QuickView*. Authorized Westlaw Password Holder for Wesdaw QukkVfew+ Last Name First Name E•mabl Print Products/Other Products Full Svc fA Print Products and Other Products Onandtv List Cho es Other Charges Notes: Total Charges S 10/1/13 SAMtnet 8.dof ps 4 Subscription Service,Passwords and West knt Subscription services may crosist of updates and/or supplements to the service,including but not limited to:(a)CD-ROM Libraries: updated, replacement or supplemental CD-ROMs and online updates, and other related supplemental material; (b) Print Products: pocket pans, pamphlets, replacement-or ancillary volumes;loose-leaf pages and other related supplemental materials:all of which may be billed separately at then-current rates. Subscriber hereby requests that West provide subscription services for the herein-described products at then-current rates until such subscription services are cancelled by West or cancelled upon written request by Subscriber(or as provided for in the Subscriber Agreement for CD-ROM products). Anniversary paint subscription products are billed annually in advance. Any passwords issued herein may only be used by the person to whom the password is issued and sharing of passwords is STRICTLY PROHIBITED. Subscribers licensing only LiveNotdCase Notebook/Tirnelindhiblisher Software will not be issued Westlaw passwords. Any West km software licensed hereunder must reside on a dedicated server provided and maintained by Subscriber at Subscriber's expense,and such server must be accessible to all of Subscriber's authorized users. Subscriber's Westlaw Doc &Form Builder Data will be web hosted by West. Upon termination of any Westlaw Doc&Form Builder subscription.West will provide Subscriber with access(o and the ability to export related Westlow Doc&Form Builder Data for 180 days at no charge. Aller a commercially reasonable period of time has passed,but no less than 1(10 days after the termination of this agreement.West will delete such Westlaw Doc& Form Builder Data. Notwithstanding any language in the Hosted Practice Solutions Subscriber Agreement to the contrary.West may share Subscriber information and Subscriber Content with its business partners as may be necessary to provide Time and Billing Services to Subscriber Furthermore and notwithstanding any language to the contrary in paragraph 10.2 of the Hos,red Practice Solutions Subscriber Agreement, Subscriber must remove all Time&Billing content prior to termination of this Order form and the respective Subscriber Agreement. General Provisions for Nim-Government Subscribers Only, This Order Foran is subject to approval by West,a Thomson Reuters business("West")in St.Paul,Minnesota, and is governed by Minnesota law. The state and lWeml courts sitting in Minnesota will have exclusive jurisdiction over any claim arising from or related to this agreement. All payments are due 30 days from date of invoice. Applicable sales,use,personal property,value added tax(VAT)or equivalent,ad valorem and other taxes are payable by Subscriber. Subscriber may be charged interest for overdue charges. If any charges remain unpaid 30 days after becoming due,all amounts that are or would become due and txa�able for the remaining term of Subscriber's Subscriber Agreement.shall become immediately due and payable at the sole option of West. Interest charged may be adjusted to the then-highest current rate allowable on Minnesota contracts. This Order Form may not be assigned,subl+censed or othenvise transferred by Subscriber without West's prior written consent. All collection(fees•including but not limited to attorneys fees,are payable by Subscriber. Transportation and handling(FOB origin)charges will be added fix print products, West may request a current financial statement and/or obtain consumer credit report on the undersigned individual to determine creditworthiness. West mm ill only request consumer credit inlbnnation on the undersigned if the undersigned is applying for credit as an individual or if the undersigned's consumer credit information is necessary for West to consider granting credit to the afurcmentioned company if Subscriber inquires whether a credit report was requested.West will provide inlbr+mation of such,if a report was received and the name,address and telephone number of the agency that supplied the report. General Provisions for Government Subscribers Only. This Order Foran is subject to approval by West in St.Paul,Minnesota•and is governed by the laws of Subscriber's state. The courts sitting in Subscriber's state will have exclusive jurisdiction over any claim arising from or related to this agreement. If Subscriber is a U.S. Federal Government subscriber,this Osier Form is governed by the laws of the United States of America. Applicable sales•use.personal property,value added tax(VAT)or equivalent,ad valorem and other taxes are payable by Subscriber. This Order Form is non-transferable. Transportation and handling(FOB origin)will be added to print products. Returns. If Subscriber is not completely satisfied with any print or CD-ROM product received from West,the product may be returned within 45 days of the invoice date I'or a full refund or credit,in accordance with West's then-current returns policies Westlaw.Software,West Legal Edeenter and Practice Solutions charges are non-refundable. Online/CD-ROM Products to be Lapses! Full Svc q Online/CD ROM Products #of Passwords The Research Subscriber Agreement (located at httm•Nicealsolutionc cum'trecatvb-cubscriher-Agreement. the terms and conditions applicable to CD-ROM Libraries with Westlaw, access (located at fit In:Mcgolwlution4comied-runt-nrndoc-addendum), the applicable Schedule A (located at ht(n::tc,.ilwlutioas.cont/scliednlc-ti-mvesiliiw•) (for WestlawPRO andtor CD-ROM Libraries products). and/or the West LegalEdeenter Subscriber Agreement (lOtated Of ht :!'kr!ulsoludons roniiw•,u-Icgnlydecntcr-cnbseriber-Asaremeat)(for West LegalEdcenter products),ood/or the Hosted Practice Solutions Subscriber Agreement (located at httn elks tlsuinriorts cumPoostcd-nracltcrsalutlons suburibcr-agrtementl and the applicableSebedule A (located at httn'%3eguhnlations cnndscbeduic-a concourse firm-firmcuu�lueistis) Individually or jointly,as applicable, ("Subscriber Agreement and Schedule A") Ware hereby Incorporated by reference and made part of this Order Form in the event there Is a conflict between the terms and conditions or the Subscriber Agreement and Schedule A and the terms and conditions of this Order Form,the terms and conditions of ibis Order Form shall control. Subscriber by his/her signature below, acknowledges his/her understanding and acceptance of the terms and conditions of the Subscriber Agreement and Schedule A and this Order Form. AUTHORIZED REPRESENTATIVE FOR ORDER FORM Printed Name 'Title Date Signature X For Credit Cars)Transactions only: Visa $faster Card Am E_ Card H Expir.Date Total Amt.to Charge 10/1113 SAMlnct 8.dor AGENDA BILL CITY OF BREMERTON 59 CITY COUNCIL ........................................................................................ SUBJECT: Environmental Technician Desk Study Session Date: July 23, 2014 Audit and Recommendations COUNCIL MEETING Date: August 6, 2014 Department: Human Resources Presenter: Charlotte Belmore Phone: 360-473-5926 SUMMARY: The Human Resources Department has completed a desk audit on the Environmental Technician position held by Chance Berthiaume (Water Resources) and is recommending that the Wage Grade be increased from 15 to 17. It is also recommended that the position be reclassified from an Environmental Technician to a NPDES Stormwater Permit Coordinator. The position is currently 18.52% below the average at the top step base wage rate. If placed at Wage Grade 16 the position would be 7.69% below the average and at Wage Grade 17 the position would be 1.93% above the average. In late 2012 the position was assigned the responsibility of coordinating the City's compliance actions for the Phase II Stormwater NPDES Permit. ATTACHMENTS: 1) Environmental Technician Audit Summary 2) NPDES Stormwater Permit Coordinator job description and 3) Wage Schedule (Appendix A) FISCAL IMPACTS (Include Budgeted Amount): The annual cost for this Wage Grade increase is $7,594.30. The increase would require a budget adjustment in the amount of $2,605.89. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the reclassification of the Environmental Technician to a NPDES Stormwater Permit Coordinator and the Wage Grade adjustment from Grade 15 to Grade 17. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 DESK AUDIT ENVIRONMENTAL TECHNICIAN CHANCE BERTHIAUME Audit Summary At the request of the Water Resources Manager, the Human Resources Department has conducted a desk audit on one of the Environmental Technician positions. This position is included in the Teamsters Bargaining Unit. The department requested the audit because the duties and responsibilities for the position have changed significantly. The desk audit included the following: • Completion of an updated/revised job description. • The updated job description was reviewed and compared to the City's list of comparable cities. Three of the cities that responded to our request for information had good matches. • The results were reviewed for internal equity. • The information was shared with the Union and they are agreeable to the changes. Recommendation Based on the results of the audit, the average salary for the Environmental Technician position held by Chance Berthiaume is 18.52% below the average at the top step base wage and 13.94% below the average at twenty (20) years of service. It is recommended that the Environmental Technician position currently held by Chance Berthiaume be reclassified to a NPDES Stormwater Permit Coordinator and upgraded from Wage Grade 15 to Wage Grade 17. Placement at Grade 17 will put the position at 1.9% above the average salary for the position. Budget Than annual cost for this Wage Grade increase is $7,594.30. The increase would require a budget adjustment in the amount of$2,605.89. Union These changes will need to be negotiated with the Teamsters Union. 1 City of Bremerton Classification Specification May 2014 NPDES Stormwater Permit Coordinator-DRAFT GENERAL FUNCTION This position develops, coordinates, implements and evaluates the requirements to comply with the City's' National Pollution Discharge Elimination System(NPDES) Stormwater Permit and other environmental compliance duties, as assigned. Interprets NPDES Permit requirements and coordinates with city staff and regulatory agencies to implement the necessary actions, policies, codes and procedures to comply with these requirements REPRESENTATIVE ESSENTIAL DUTIES and RESPONSIBILITIES(Note—this list is intended only to illustrate the various types of work that may be performed. The omission of specific statements does not exclude them from the position.) • Coordinates City wide effort to comply with NPDES Stormwater Permit. • Prepares annual stormwater permit report. • Updates Stormwater Management Plan each year. • Collaborates with City staff to track, monitor, enforce, and evaluate permit compliance, including but not limited to: updating municipal codes, policies, procedures, plans and programmatic needs to maintain compliance with the Permit. • Coordinates projects or project components related to Stormwater and Permit requirements. • Coordinates with Federal, State, and local agencies to address Permit requirements, issues and needs. • Participates on various regional stormwater related committees, and groups. • Responds to and investigates stormwater quality incidents. • Coordinates inter-agency response, as needed, to maintain compliance with Permit requirements. • Provides technical resources and assists City Departments and staff to implement stormwater requirements. • Assists in developing stormwater outreach program. • Prepares and delivers public presentations to elected officials, regulators and the public. • Maintains familiarity with and evaluates potential impact of current and proposed stormwater regulations. • Provides water quality and other environmental monitoring and equipment maintenance, as assigned. • Evaluates data and maintains environmental databases. Other Duties — Regular attendance is an essential requirement — Performs related work as assigned and/or required KNOWLEDGE,SKILLS and ABILITIES(Entry Requirements) Knowledge of: • Stormwater regulations • Water quality sampling and analysis techniques • Stormwater best management practices, implementation and inspection • Water resources, water chemistry, hydrology, water quality and quantity monitoring • Federal, state and local water quality standards, regulations and guidelines • Nonpoint pollution sources and pollutants Page 1 of 3 City of Bremerton Classification Specification May 2014 NPDES Stormwater Permit Coordinator-DRAFT • Illicit discharge detection and elimination procedures and guidelines • Public education and outreach • Municipal government operations • Water quality monitoring equipment including: automatic samplers, flow meters, velocity meters, gas detectors, sediment sampler, field test kits, miscellaneous laboratory equipment, associated software and computers. • ESRI ArcMap, Excel, Word, Access, SQL software and database programs • Correct English usage, grammar, spelling,punctuation, and vocabulary Skill in: • Interpersonal skills using tact,patience and courtesy. • Workload planning and staffing. • Communication and team working. • Problem solving. • Computer systems and associated spreadsheet, word processor, and database software • Performing environmental analyses. • Maintaining field environmental monitoring equipment. Ability to: • Establish and maintain effective working relationships with other staff, contractors, engineering firms, the general public, and representatives of other agencies. • Communicate effectively, both orally and in writing and to make effective public presentations of technical and complex information. • Organize and oversee work projects, including planning and monitoring work schedules, contract compliance, and progress reviews. • Work independently with little direction. • Plan, organize, supervise and evaluate the work of assigned staff. • Develop plans and specifications, • Perform planning and budgeting functions. • Assist in developing long range plans and objectives for assigned area. • Apply judgment and discretion in resolving problems and interpreting policies and regulations. • Perform technical research work. • Operate equipment applicable to area of assignment. • Understand and interpret complex regulations, engineering reports, and other technical materials. • Be flexible and adaptive to change. QUALIFYING EDUCATION and EXPERIENCE(Minimum Requirements) Bachelor's degree from an accredited college or university or equivalent in engineering, chemistry, biological sciences or closely related field, and four years of progressively responsible technical experience, with at least two years in the area of specialization; OR any equivalent combination of experience and education which provides the applicant with the desired skills, knowledge and ability required to perform the work. Page 2 of 3 City of Bremerton Classification Specification May 2014 NPDES Stormwater Permit Coordinator-DRAFT PHYSICAL REQUIREMENTS Incumbent in this position works for extended periods of time in a sitting position while working on a computer or calibrating equipment. Position requires visual acuity for both distance and close up work and frequently requires both finger and hand movement. Work safely in tight uncomfortable environments such as sewer system manholes and pipes. Must be able to lift 30 pounds and work below and above the knees in a stooped or standing position. Maneuver through construction sites, in forested land traveling up and down hills, through streams and creeks, and over logs. Climb ladders and stairs in and around wastewater lift stations,water treatment facilities and in sewer systems. Exposure to traffic hazards and inclement weather. WORKING CONDITIONS Work is performed in the field and in the office. Outside work is performed in various weather conditions, and in various locations such as.residential and commercial areas, construction sites, marine beachfront, in storm and sanitary sewer systems, water reservoirs, forested watersheds and biosolids application sites. Work is performed out-of-doors approximately 40%of the time. LEGAL and REGULATORY EMPLOYMENT CONDITIONS Fair Labor Standards Act:The classification is non-exempt under the laws of Fair Labor Standards Act minimum wage and overtime provisions. Representation:The classification is included in the bargaining unit pursuant to the Recognition Article of the current labor agreement between the City of Bremerton and the Teamsters Local 589. Civil Service:The classification is excluded from the City's Civil Service System. Appointment and Removal Authority: The position is filled by appointment by the Department Head. Removal is by action of the Department Head in conformance with Human Resources Policies. This classification specification does not constitute an employment agreement between the City and employee. It is subject to change by the City,with the approval of Human Resources,as the needs of the City and requirements change. Page 3 of 3 APPENDIX A TEAMSTERS 2014 EFFECTIVE JANUARY 1,2014 1.5%General Wage A41ushmM 12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos. Hours Worked Per Year. 2088_- - §WLA Stan B SkR C S_ D E- Stag F Grade 14 .. Annual T ^` , _ 63,329 -6 ,088i , 66,9831 Building 8 Developmenecialist II Moj rL4,740 1 - 4,863 --_5,00 {1 -5,1431 5,277 5,424 _5,582 ,Communfty Resource Specialist _ Semi-Monthly 21370 2,432 ' 2,501 j 2,572 2,639 2,71?1 2,791 Lal Technician Senior___-- Hourly 27.24 ; 27.95 ' 28.74 i 29.56 3033 1117 ''-32.08 Planner I I OT Houma -40.86 41.931 43.11 44.34 45.50 46.76 48.12 WWTP Operator I Base+1% 1 27.511 28.23 ; 29.03 29.86 30.63 31.48 32.40 e� __...__.......___-- Bass+2% 27.78 , 28.51 29.31 30.15 30.94 31.79 32.72 Base+3% 28.06 28.79 29.60 30.45 31.24 32.11 33.0 i 1 Base+45 28.33 29.07 29.89 30.74 31.54 32.42 33.36 Grade 1ti'' 'Annual - 60,009 61,721 63,329 65,083 66,983 68;�70,804•� iAlication Support Analyst Monthly 1 _ 5,001 5,14_3 5,277 I 5,424 5,582 5,733 5,900 _Assistant Network Administrator!_--1Semi-AAonthly- 2,501 2,572 2,639 2,712 2,791 2,867 2,9501. Customer Service/PC Technician -_IHwA 1 28.74-j 29.56 30.33• 3117 i 32.084 32.95E • 33.91 Electronics Technician _ _ OT Hourly- 43.11 44.34 45.50 46.76 48.12 , 49.43 50.87 En Ineering Technician IV _ -_-lBase+1% 29.03 29.86 30.63 31.48 32._40 _ 33�- 34.25 Environmental Technician_ Base+2% 29.31 30.15 30.94 31.79 32.72 33.61 , 34_59 Journey Level Electrician-_- !Base+3% 29.60 _30.45 31.24 t 32.11 33.04 , 33.941 34.93 ; Lead Automotive Equipment Tech. Base+4% 29.89 30._7_4 31.54 32.42 33.36-34.271 35.271 Lead Facilities Service cialist - Lead PC Technician _ Lead Utilities Service SpecialistLoad Water Operator -- Parks Facilities kParks Lead Service Specialist I Utilities Accounls_8_upervisor - WWWTP CMMS Technician �- IWWTP instrumentation&Control Spec. IWWTP Operator U -- ------�- - Grede 18'- Annual -_ 63,3291 65,08^-66,983 68,800 _70,804 _72,850 74,8 5 Building&Development Specialist 111 Noq!h - 's 5,277 5,424 ; 5,582 5,733 5,900 6,071 6,238 Civll Engineer I Semi-Monthiy�2,639 2,712 2,791 2,867 2,950 3,036 3,119 Code Enforcement Officer _ _ou ,' 3033 , •'31:17 , 32,08 . :32.95, 33:91; 34`.89 35.85 Cross Conn_ectwn CoMroI Specialist !OT Hourly45.50 46.76 48.12 ; 49.43 50.87 52.34 53.78 Planner II- - - i Base+1% 30.631 31.48 - 32.40 28 34_25 35.24 , 36.21 __ --- Base+2% 30.941 31.79 32.72 ± 33.61 34.59 35.59 36.57 LT- ---_- Base+3% _ 31.24 32.11 33.041 33.94 34.93 35.94 X36.93 i Base+4% 31.541 32.42 33.36 34.27 35.27 36.29 37.28 Grade 17 jAnnuall a 66,9831 68_800 ' 70,804 72,850 74,855_ 76,964 79,093- fAccountant/Financial Anal�at _-_Month _ 5,582 5,733 5,900 6,071 `- 6;238 6,414 6,591 1Auto Equipment Technician Supvr. Semi-Month y 2,791 2,867 2,950 _3_0363,119 3,207 3,296 Electronics Supervisor- ---_ - M Hourly 32:08 i 32.95 ; 33:91 , 34.89+35.85° 36-86,'.: •37.88 I IFacilities Inventory Supervisor OT Hou 48.12 49.43 50.87 52.34 53.78 _ 55.29 56.82 I Network Administrator Base+1% 32.40 33.28 34.25 35.24 • _36.21 37.23 38.261 Parks Maintenancepe Survisor__ Base+2% 32.72 33.61 34.59 35.59 36.57 37.60 3_8.64 Sewer/Storm Collection Supervisor Base+3%-� 33.04 33.94 , 34.93 35.94 36.9_3 ^37.97 39.02 Sign Shop Sam.Spw,.Supervisor--Base+4% 33.36 34.27 ! 35.27 36.29 37.2_8_- 38.33 -_39.40 ' 4Streets Service Spec.Supervisor Utilities Service Spec.Supervisor CWater Distribution Supervisor Water .Resources O rations Supvr. WWTP Maintenance Supervisor_ ,WWTP Operations 8u�ervisor -_ __ ^ AGENDA BILL CITY OF BREMERTON 5F CITY COUNCIL ........................................................................................ SUBJECT: Contract award for construction Study Session Date: July 23, 2014 of the Pavement Preservation Project—Chip COUNCIL MEETING Date: August 6, 2014_ Seal Department: PW&U Presenter: Chal Martin Phone: 360.473.5758 SUMMARY: Funding from the Transportation Benefit District (TBD) will be used to chip seal portions of E. 23`d Street, E. 22nd Street, Nipsic Avenue, Vandalia Avenue, Cascade Trail, Terrace Street, E. 18" Street, E. 17th Street, E. 16th Street, and Ironsides Avenue to extend their lifetime. The City advertised the project on July 21 st and received 2 bids on August 4th. The apparent low, responsive, responsible bidder was Doolittle Construction for$178,825.70. ATTACHMENTS: 1) Agreement, 2) Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount): Project is funded through the TBD. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the bid for construction of Pavement Preservation Project—Chip Seal to Doolittle Construction in the amount of $178,825.70 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 PUBLIC WORKS AGREEMENT FOR PAVEMENT PRESERVATION PROJECT—CHIP SEAL THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and ("Contractor"), whose mailing address is The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: Pavement Preservation Project—Chip Seal in accordance with Exhibit A, Scope of Services. 2. TIME OF COMPLETION. Contractor shall physically complete the work within 15 working days. 3. COMPENSATION. The City shall pay the Contractor the total amount of $ , including applicable sales taxes, for the Work as described in Exhibit A. This Work is organized into separate bid schedules. The City reserves the right to delete one or more bid items from an individual bid schedule and/or one or more bid schedules from the Work if available construction funds are insufficient. Applicable Washington State Retail Sales Tax on this contract shall be governed by WAC 458-20-171 and its related rules for the work 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 of Task #1to 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. In the event the full contract amount bid for Task#1 is less than $35,000, pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a performance bond, may elect to have the City retain the final fifty percent (50%) of the Contract amount for Task#1, 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. B. Retainage. In the event the full contract bid for Task #1 exceeds $35,000, 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 City of Bremerton 233-1896-123 Pavement Preservation Project—Chip Seal SP-1 July 2014 Contract Documents Public Works Agreement 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 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. Warranty. Contractor shall warranty all work in accordance with the Scope of Services. E. Final Payment: Waiver of Claims. THE ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state industrial insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub-contractors. 5. TERMINATION. The City may terminate this agreement without notice for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's failure to supply sufficient skilled workers or suitable materials or equipment. B. The Contractor's failure to prosecute the work with such diligence as will ensure its physical completion within the original physical completion time specified in this Agreement and any extensions of time which may have been granted to the Contractor by change order or otherwise. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor disregards the authority of the City. G. The Contractor performs work which deviates from the Contract, and neglects or refuses to correct rejected work. H. The Contractor's failure to provide continuous competent supervision. 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. 7. CHANGES. The City may issue a written or oral work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written or oral work change directive from the City or a change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a written work change directive, oral work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1. Give a signed written notice of protest to the City within one business day; 2. Supplement the written protest within five (5) calendar days with a written statement that provides the following information: a. The date of the Contract's protest. b. The nature and circumstances that caused the protest. c. The provisions in this agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protest. 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor's Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written or oral order (including directions, instructions, interpretations, and determination). 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor's written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9. WARRANTY. Contractor shall warranty all work, less normal wear and tear, until Contractor shall have 240 days to perform warranty corrections, once the warranty work is identified. For the purposes of the warranty, the City shall "batch" the warranty work to enable the contractor to mobilize and perform all repairs within a single work window. When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. If the Contractor, after written notification, does not accomplish the corrections within the timeframe noted above, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages solely caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Contractor, its agents, representatives, employees or subcontractors. Before beginning the work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The City reserves the right to receive a certified copy of all the required insurance policies. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Contractor's insurance shall be primary insurance as respects the City, and it shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. If this contract requires work to be performed in or on navigable waters, the Contractor shall provide insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for claims made under the Longshoreman and Harbor Workers Act and the Jones Act. 12. MISCELLANEOUS. A. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement or any sub-contract hereunder, the Contractor, its sub-contractors, or any person acting on behalf of such Contractor or sub-contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, physical disability, or sexual orientation discriminate against any person who is qualified and available to perform the work to which the employment relates. B. comply Compliance with Laws. Contractor shall IY with all federal state and local laws p P rules and regulations throughout every aspect in the performance of this agreement. C. Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect E. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. F. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement. G. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. H. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. I. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. J. Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. K. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. This Page Intentionally Left Blank 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: Bremerton,WA 98 (360) (360) (facsimile) APPROVED AS TO FORM: Bremerton City Attorney ATTEST: Bremerton City Clerk This Page Intentionally Left Blank CITY OF BREMERTON BID TABULATION 81�E: Pavement Preservation Project—Chipseal BYENED � o DATE 8/4/14 SME 10:00 AM RECORDED Shannon Corin OPENED: I OPENED: BY: NAME OF BIDDER BOND BASE BID �ov� ►rr�E ca,J e ,,G� &zs. 71) I I + SUMMARY ENGINEER'S ESTIMATE $ APPARENT LOW BIDDER cL )O L( Tr�C Lia Sr�2u��7�.� / 7�, 8.�s, 7e✓' SECOND LOW BIDDER $ THIRD LOW BIDDER $ i AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee SUBJECT: Contract award for construction Study Session Date: July 23, 2014 of the Pavement Preservation Project— COUNCIL MEETING Date: August 6, 2014 Overlay Department: PW&U Presenter: Chal Martin Phone: 360.473.5758 SUMMARY: Funding from the Transportation Benefit District (TBD) will be used to overlay portions of Perry Avenue, Trenton Avenue and Marine Drive to extend their lifetime. The City advertised the project on July 215' and received 3 bids on August 4th. The apparent low, responsive, responsible bidder was Lakeside Industries for$475,439.46. ATTACHMENTS: 1) Agreement, 2) Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount): Project is funded through the TBD. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the bid for construction of Pavement Preservation Project—Overlay to Lakeside Industries in the amount of $475,439.46 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 PUBLIC WORKS AGREEMENT FOR PAVEMENT PRESERVATION PROJECT— OVERLAY THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and ("Contractor'), whose mailing address is The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: Pavement Preservation Project — Overlay in accordance with Exhibit A, Scope of Services. 2. TIME OF COMPLETION. Contractor shall physically complete the work within 30 working days. 3. COMPENSATION. The City shall pay the Contractor the total amount of $ , including applicable sales taxes, for the Work as described in Exhibit A. This Work is organized into separate bid schedules. The City reserves the right to delete one or more bid items from an individual bid schedule and/or one or more bid schedules from the Work if available construction funds are insufficient. Applicable Washington State Retail Sales Tax on this contract shall be governed by WAC 458-20-171 and its related rules for the work 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 of Task #1to 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. In the event the full contract amount bid for Task#1 is less than $35,000, pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a performance bond, may elect to have the City retain the final fifty percent (50%) of the Contract amount for Task #1, 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. B. Retainage. In the event the full contract bid for Task #1 exceeds $35,000, 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 City of Bremerton 233-1896-123 Pavement Preservation Project—Overlay SP-1 July 2014 Public Works Agreement Public Works Agreement 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 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. Warranty. Contractor shall warranty all work in accordance with the Scope of Services. E. 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. City of Bremerton 233-1896-123 Pavement Preservation Project—Overlay SP-2 July 2014 Public Works Agreement Public Works Agreement E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor disregards the authority of the City. G. The Contractor performs work which deviates from the Contract, and neglects or refuses to correct rejected work. H. The Contractor's failure to provide continuous competent supervision. I. The Contractor otherwise violates in any material way any provisions or requirements of the contract. If the City terminates this agreement for good cause, the Contractor shall not receive any monies due under this agreement, if any, until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. 7. CHANGES. The City may issue a written or oral work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written or oral work change directive from the City or a change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a written work change directive, oral work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1. Give a signed written notice of protest to the City within one business day; 2. Supplement the written protest within five (5) calendar days with a written statement that provides the following information: a. The date of the Contract's protest. City of Bremerton 233-1896-123 Pavement Preservation Project—Overlay SP-3 July 2014 Public Works Agreement Public Works Agreement 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 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. City of Bremerton 233-1896-123 Pavement Preservation Project—Overlay SP-4 July 2014 Public Works Agreement Public Works Agreement 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. Contractor shall warranty all work, less normal wear and tear, until ' Contractor shall have 240 days to perform warranty corrections, once the warranty work is identified. For the purposes of the warranty, the City shall "batch" the warranty work to enable the contractor to mobilize and perform all repairs within a single work window. When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. If the Contractor, after written notification, does not accomplish the corrections within the timeframe noted above, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages solely caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Contractor, its agents, representatives, employees or subcontractors. Before beginning the work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: City of Bremerton 233-1896-123 Pavement Preservation Project—Overlay SP-5 July 2014 Public Works Agreement Public Works Agreement 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 it shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. If this contract requires work to be performed in or on navigable waters, the Contractor shall provide insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for claims made under the Longshoreman and Harbor Workers Act and the Jones Act. 12. MISCELLANEOUS. A. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement or any sub-contract hereunder, the Contractor, its sub-contractors, or any person acting on behalf of such Contractor or sub-contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, physical disability, or sexual orientation discriminate against any person who is qualified and available to perform the work to which the employment relates. B. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. C. Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors City of Bremerton 233-1896-123 Pavement Preservation Project—overlay SP-6 July 2014 Public Works Agreement Public Works Agreement in the performance of this agreement. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect E. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. F. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement. G. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. H. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. I. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. J. Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. K. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. City of Bremerton 233-1896-123 Pavement Preservation Project—Overiay SP-7 July 2014 Public Works Agreement Public Works Agreement This Page Intentionally Left Blank City of Bremerton 233-1896-123 Pavement Preservation Project—Overlay SP-8 July 2014 Public Works Agreement Public Works Agreement 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: Bremerton, WA 98 (360) (360) (facsimile) APPROVED AS TO FORM: Bremerton City Attorney ATTEST: Bremerton City Clerk City of Bremerton 233-1896-123 Pavement Preservation Project—Overlay SP-9 July 2014 Public Works Agreement Public Works Agreement CITY OF BREMERTON BID TABULATION BID Pavement Preservation Project—Overlay OPENED TITLE: BY- Ute-• � 1 !Xl DATE TIME • - 'RECORDED OPENED: 84/14 OPENED: 11:00 AM BY. Shannon Corin NAME OF BIDDER BOND BASE BID �e�CRI/l1a E jam/-�!//�✓LY �S _.._. ._ � V148� 3�3. 4C' bE i SUMMARY ENGINEER'S ESTIMATE $ J 5-72 APPARENT LOW BIDDER SECOND LOW BIDDER — LA�E�1��G� �R�i,�tla► $ THIRD LOW BIDDER �� !`74� 66a\ls l)d $ 75 L -;22.e2) F AGENDA BILL 514 CITY OF BREMERTON CITY COUNCIL ■■eeeerrrreereeerrreeeeereeeeerreeerrereeerrreeerreereeereererrrereeeeerrrererrereeeerr SUBJECT: Supplemental Agreement No. 1 Study Session Date: July 23, 2014 to amend Contract with Parametrix, Inc. for COUNCIL MEETING Date: August 6, 2014 Construction Management on the Pavement Department: PW&U Preservation Projects Presenter: Chal Martin Phone: 360.473.5758 SUMMARY: With the two Pavement Preservation Projects moving towards bidding and construction, assistance is required from Parametrix for these activities. This amendment will provided assistance to the City during the bidding period and provide a project engineer for both projects. Inspection will be handled in-house. The original contract for design of the projects was $24, 689. This amendment is for$18,451, or a total contract amount of$43,140. ATTACHMENTS: 1) Supplemental Agreement No. 1 with Exhibits A,B and C; and 2) Original Agreement with Exhibits A, B and C FISCAL IMPACTS (Include Budgeted Amount): Project is funded through the TBD. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: © Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Supplemental Agreement No. 1 for Parametrix, Inc., 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 SUPPLEMENTAL AGREEMENT NO. 1 Time Extension and Revision to Scope of Work Project No. Agency City of Bremerton Name of Project Pavement Preservation Project Agreement No.: The City of Bremerton desires to supplement the agreement entered into with Parametrix and executed on April 14, 2014. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE, is hereby revised as shown and outlined on Exhibit A. Section 2,TERM, is hereby extended to December 31, 2014. All invoices to the City shall be received by January 7, 2015. Section 3, COMPENSATION, is hereby revised: The original contract for design of the projects was $24, 689. This Supplemental Agreement No. 1 adds$18,451 to the original contract amount for a new total contract amount of$43,140. Except as herein modified, the terms of the AGREEMENT shall remain in full force and effect. In WITNESS WHEREOF, the parties hereto have executed this SUPPLEMENTAL AGREEMENT NO. 1 to the Professional Services Agreement of the date and year indicated. For Parametrix dated this day of , 2014. By: For the City of Bremerton, dated this day of , 2014. By: DEPARTMENT APPROVAL: Chal Martin, Director of Public Works and Utilities APPROVED AS TO FORM: City Attorney RECEIVED FOR FILING: Shannon Corin - City Clerk EXHIBIT A SCOPE OF WORK City of Bremerton t Pavement Preservation Project Amendment 01 —Add Construction Engineering/Management Task INTRODUCTION This scope of work(SOW)is to amend Parametrix's existing contract by adding a Construction Engineering and Management task(Task 04). This amendment requires addition of$18,451to the existing project budget of$25,189. Refer to the attached budget spreadsheet(Exhibit C)for a detailed budget breakdown. The following work will be performed under this SOW: Task 04—Construction Engineering and Management Objectives: Provide construction engineering and management support during the construction phase of both the Overlay and Chip Seal projects. It is anticipated that both projects will occur during the same 45-working day period. Activities: The following activities will be performed as part of this task: • Coordinate and lead pre-construction and weekly progress meetings. • Review Contractor's submittals for compliance with the plans and specifications. • Respond to applicable Contractor's Requests for Information(RFIs)and requests for change orders and make recommendation to the City. • Provide period observation during construction. • Complete periodic observation reports(if needed)including photos and prepare a weekly email construction summary report for the City. • Review and recommend payment requests,all logs for submittals,RFPs,Field Orders,and assist in preparation of Change Orders. • Coordinate necessary testing and inspections. • Provide routine project management and communications. Deliverables: The following deliverables are associated with this task: • Routine correspondence,budget updates,status reports on progress of work,and invoices. Pavement Preservation b*ect July 16,2014 Amendment No.01 Scope of Work • Hard copies and electronic copies of responses to material submittals, cut sheets, shop drawing review,RFIs,and requests for change orders. • Weekly email construction report. Assumptions: The following assumptions are associated with this task: • Project management tasks will be performed through the active construction period,which is assumed to extend over 45 working days(7 weeks). • Day to day construction inspection and daily inspection report preparation will be performed by City staff. In addition City staff will work with the Contractor in the field to "field fit"curb ramps to meet ADA requirements to the maximum extent feasible. Pavement Preservation Protect July 16,2014 Amendment'01 Scope of Work EXHIBIT B SCHEDULE Construction Notice to Proceed August 18, 2014 Physical Completion(45 Working Days) October 17, 1014 Contract Closeout December 31, 2014 Pavement Preservation Project .fitly 16,2014 Amendment 01 Scope of Work PARAMETM EXHIBIT C - BUDGET Project: Pavement Preservation Project CLIENT: City of Bremerton PMX# Const Mgr. j Civil Eng. P.Coord. STAFF S.Thompson D.Dinkuhn S.Ihlen 233-1896-123 � I TOTAL Total Cost PHASE TASK DIRECT RATES 847.17 $53.48 I $35.00 HOURS (3.1 Mutt.) 1 4 Construction Engineering and Management Submittal Review4 4 $663 Meetings and Observation(7 weeks at 12 hrs per week assumed) 84 4 88 $12,946 Documentation(7 weeks at 5 hrs per week assumed) 35 35 $3,798 Subtotal 1 84 8 35 1 127 $17,407 Expenses 6%of Labor $1;044 --- ---. - - $18;451 Prepared y: . . Project Manager 7/16/2014 _ TRANSMITTAL Reyenve Bfeme FINANCIAL SERVICES City Clew*I Shannon L.Corin APR 2 4 shannon.corin@cl.bnrm®rton.wa.us pcarametrix April 22,2014 Parametrix, Inc. 4660 Kitsap Way,Suite A Bremerton WA 98312 RE: Professional Services Agreement Engineering Design Services—Pavement Preservation Project I have enclosed your fully executed copy referenced above. Best Regards, Shannon L.Corin City Clerk /sic Enclosure cc: File Recei� e APR 242014 PROFESSIONAL SERVICES AGREE etrix Bre Engineering Design Services-Pavement Preservation menton The City of Bremerton("City") and Parametrix("Consultant"),referred to collectively as the"Parties,"enter into the following Agreement for professional services: L Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated March ll, 2014, including any attachments thereto , attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.G of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B;provided however,that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement,the City shall pay Consultant in an amount not to exceed$24,689. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforroing billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement,the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties:Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of Bremerton/Parametrix Pavement Preservation Project Page 1 of 7 expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including,but not limited to,compensation,insurance,and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees,representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance,Business&Occupation,State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent,the City may withhold the delinquent amount,plus any additional charges arising from the delinquency,from any payments due Consultant. V. Indemnification: A. Consultant 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 Consultant's performance of this Agreement, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW` 42.24.115: Should a court of competent jurisdiction determine that Consultant's services provided pursuant to 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 Consultant and the City,its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. Bremerton/Parametrix Pavement Preservation Project Page 2 of 7 . p The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees,sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general 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 (XCi) if applicable; and employer's liability; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required),which may be provided on a"claims-made"basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City,which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability 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 Consultant's insurance shall be primary insurance as respects the City and it shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at(360)473- 5161, or by certified mail,return receipt requested to City of Bremerton, attn: Risk Management, 345 6"Street, Suite 600,Bremerton, WA 98337 within two days of the cancellation, suspension Bremerton/Parametrix Pavement Preservation Project Page 3 of 7 or substantive change of any insurance policy set out herein,and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason,proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format,developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it,or is rightfully obtained by the Consultant from third parties,Consultant shall bear no responsibility for its disclosure,inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Bremerton1 Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request,and at reasonable cost. All documents,including all reports,drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant 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. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Bremerton, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. Bremerton/Parametrix Pavement Preservation Project Page 4 of 7 E. Entire A geement:This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. F. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. G. Modification:This Agreement may only be modified by written instrument signed by both Parties. H. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail,or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing.. City Address Consultant Address Engineering&Water Resources Parametrix 3027 Olympus Drive 4660 Kitsap Way,Suite A Bremerton,WA 98312 Bremerton, WA 98312 I.Waiver:Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. I Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options,and the same shall be and remain in full force and effect. K.Compliance with Laws: Consultant shall comply with all applicable Federal,State,and local laws in performing its obligations under this Agreement. L.Choice of Law and Venue:This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. M.,Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein,each party shall pay all its own costs and attorney's fees. N. Assi ent: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. Vffi. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. Bremerton/Parametrix Pavement Preservation Project Page 5 of 7 , IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work,the City may summarily terminate this Agreement. A.Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: l) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment,tools,or labor by reason of war,national defense,or other national emergency;2)any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God,fires,floods, strikes,or weather of unusual severity. PROVIDED,HOWEVER,that the Consultant must promptly notify the City within ten(10)calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable,the City shall,in writing,extend the time for completing the work for a period of time commensurate with the period of excusable delay. B.Rights Upon Termination: In the event of termination,the City shall pay for all services performed by the Consultant to the effective date of termination,as described on a final invoice submitted to the City. After termination,the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension&Debarment. For contracts involving Federal funding, Consultant hereby certifies,by signing this agreement,that neither it nor its principals are presently debarred, suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm,Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred,suspended,ineligible,excluded or disqualified. Bremerton/Parametrix Pavement Preservation Project Page 6 of 7 CITY OF BREMER ON� CONSULTANT s� By: By. ,Y SA its: ll�G its: Date: Date: Approved as to form: st: Bremerton City tt ey City Clerk UABremlShareMvis sl0fficeSupponSvs\OpenConfid\Contracts12014 Client AgreementslCityofBremerton\Pavement\PSAFinal.doex Bremerton/Parametrix Pavement Preservation Project Page 7 of 7 EXHIBIT A—SCOPE OF WORK City of Bremerton Pavement Preservation Project INTRODUCTION This Scope of Work (SOW) presents Parametrix's proposed tasks to provide a plans, specifications and estimate (PS&E) bid package for the Pavement Preservation Project. The purpose of the project is to preserve selected City roadways using seal coat(emulsion and aggregate)or grind and overlay. Our tasks include selection of candidate roadways and prioritization of the roadways in coordination with City staff. The total amount of roadway planned for preservation will be targeted to meet an estimated maximum construction budget of$75,000 for seal coat and$300,000 for grind and overlay. Once a set of roadways is selected,a PS&E package will be prepared for bidding. The following tasks are associated with this SOW: Task 1 —Project Management and Meetings Objective Obtain project data;monitor and manage scope,schedule,and budget;and periodically meet with the City and other members of the design team to review project status. Activities The following activities are associated with this task: • Schedule, prepare for, attend, and document up to two project meetings that will include the Consultant and City staff. • Manage and direct the project technical team. • Provide routine project management and communications(scope,schedule,budget,invoicing,etc.). o Prepare detailed monthly progress reports and progress billings and submit to the City for approval and payment.The monthly report will include: > A narrative of the work performed and the tasks to be performed in the next reporting period and, if necessary, explanation of delays, problems, responsive action requirements by the Consultant and the City,and other project needs. Deliverables The following deliverables will be prepared: • Routine correspondence including monthly progress reports. • Meeting agendas and notes. City of Bremernm 234-1896-870 Pavement Preservation Project I March 11,2014 Scope of Work Assumptions The following assumptions apply to this task • Design deliverables review meetings will be attended by appropriate Parametrix staff. • Project duration will be 4 months(March through June 2014). Task 2—60%,100%and Bid Set Plans,Specifications and Estimate(PS&E) Objective Prepare 60%, 100%. and Bid Set plans, specifications, and cost estimates for the preservation improvements. Activities The following activities will be performed as part of this task: • Walk the candidate roadways selected by the City to identify pavement repair areas, planing areas,ADA ramp types and locations,and miscellaneous needed work. • Prepare engineering plans for the roadway preservation in plan/plan view that show pavement repair areas, pavement planing areas, seal coat or overlay (as applicable) areas, channelization, and ADA ramp locations.Plan sheets will contain plans at a scale of 1 inch=50 feet. • Prepare a cost estimate at each deliverable stage. S • Prepare special provisions at each deliverable stage. • Prepare contract documents for the 100%,and Bid Set deliverables packages • Provide support during bidding. Deliverables The following deliverables are associated with this task: • The proposed plan sheets to be delivered for this task are listed in the budget spreadsheet in Exhibit C.A summary of the total number of sheets is provided as follows: D Roadway: 13 sheets • 60%, 100%,and Bid Set cost estimates. • 100%,and Bid Set contract documents. • One hard copy and one PDF set of all plans (on 1l"x17' , special provisions, and cost estimates at each design stage. • AutoCAD and PDF files of all drawings and documents provided on CD-ROM. • Two hard copies of Bid Set Plans on full-sized sheets (sealed by Washington P.E.), special provisions,and contract documents. City ofBremenon 234-1896-870 Pavement Presetvadem Project 2 March ll,2014 Scope of Work Assumptions The following assumptions are associated with this task: • Separate bid schedules will be prepared for each roadway so that work may be deleted if bids' exceed the available construction funds. • The base maps for the plan sheets will consist of aerial photographs provided by the City. • Special provisions and all drawings will follow WSDOT format. • The City will provide the legal documents section of the contract documents in Word format. • No fundamental design changes will be made at 100%. Task 3—Directed Services Objective Provide additional technical services as requested and authorized in writing by the City. Activities The following activities may be associated with this task: • As requested by the City. Deliverables The following deliverables will be prepared: • As requested by the City. Assumptions The following assumptions apply to this task: • Work under this task will require prior written authorization from the City. City of Bremerton 234-1896-870 Pavement Preservation Project 3 March 11,2014 Scope of Work EXHIBIT B-SCHEDULE Work Element Completed By Notice to Proceed March 14, 2014 60% PS&E (3 weeks) April 04, 2014 100%PS&E(2 weeks) April 18, 2014 Bid Set PS&E April 25, 2014 Construction May 2014 Project Closeout June 30, 2014 NOTE: The assumed turnaround time for City review of deliverables is 3 days. City of Bremerton 234-1896-870 Pavement Preservation Project 4 March 11,2014 Scope of Work PARAMETRIX EXHIBIT C - BUDGET 3/13/2014 Project: Pavement Preservation Project Client: City of Bremerton PMX# BILLING STAFF PM Sr.Eng, CADD WP Acct. 234-1896-870 MULT.: D.Dlnkuhn T. Smith K.Braaten L Edwards L.Stevens TOTAL BASE TOTAL PHASE TASK 3.10 Direct Labor Rate $53.48 $55.29 $25.38 $28.00 $28.75 HOURS COST COST Meetings with City(2) 4 4 8 $435.08 $1,349 Project Management(4 mo.) 4 4 8 $320.92 $995 Subtotal 6 4 4 16 $756.00 A344 t Z 1�%and81d8at•t + f � - -- Field Survey and Locate ADA Ramps 8 12 20 $1,091.32 $3,383 SHEETS Cover Sheet with Vicinity and Loc.Map 1 1 $25.38 $79 Legend,Abbr.and Index 1 1 $25.38 $79 Overlay Sheets-50 Scale Plan/Pian(4) 8 16 24 $833.92 $2,585 Seal Coat Sheets -50 Scale Plan/Plan(6) 12 24 36 $1,250.88 $3,878 Details 4 4 8 $315.44 $978 QA/QC 4 4 $221.16 $686 60%Spedals 8 4 12 $539.84 $1,674 60%Estimate 2 2 $106.96 $332 100%PS&E 4 4 8 $325.92 $1,010 Bid SetPS&E 4 4 8 $325.92 $1,010 Support During Bidding 4 4 8 $325.92 $1,010 Subtotal 54 16 46 16 132 $4,206.72 $16,703 Labor Subtotal 62. 20 46 16 4 148 $5,053 $19,047 --�----3— Seneca --- ------ ------�----- ------------- ------ --- -- Directed Services — — --^-- -- $4,500 6%of LabDr I I I I 1 1 $1,143 PROJECT TOTAL TOTAL $24,689 Prepared By.D.Dinkuhn Reviewed By, P.Struck reject Manager Sen r onsultant Budget 031114.xlsx Page 1 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Study Session Date: July 23 2014 Public Work Agreement with King County COUNCIL MEETING Date: Aug 6 2014 Directors Association (KCDA) for Department: Parks and Recreation Pendergast Field No. 1 Drainage Presenter: Wyn Birkenthal Improvements Phone: 473-5752 SUMMARY: In 2013 the City installed sub-surface drainage improvements at Pendergast Regional Park's Field No. 3.The improvements greatly reduced ponding in the outfield, increased safety for softball players and decreased the amount of staff time needed to prepare Field No. 3 for league and tournament games following rainy weather. The attached contract with King County Directors Association (KCDA) will facilitate the construction of a similar sub-surface drain system at Pendergast Field No. 1. KCDA is a non-profit purchasing co-op used by municipalities and school districts to obtain volume pricing for goods and services. Bremerton is a member of KCDA. Greenshield Systems LLC will perform the work under the contract. The tasks include installation of perforated pipe in sand filled trenches, tie in to a drain that carries water away from the ball field playing surface and restoration work for the disturbed area. ATTACHMENTS: 1) Public Work Agreement with KCDA; 2) Attachment A—Greenshield Systems LLC Quote; and 3) Attachment B— KCDA Contract with Greenshield Systems LLC. FISCAL IMPACTS (Include Budgeted Amount): $40,000 for the Pendergast Drainage Improvements is included in the 2014 Parks Capital Budget. STUDY SESSION AGENDA: © No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve a Public Work Agreement with KCDA for the Pendergast Park Ball Field No. 1 drainage improvements and authorize the Mayor to finalize and execute the agreement with substantially the same terms as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 PUBLIC WORK AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation("City"), and Kine County Directors Association ("Contractor"), whose mailing address is P.O. Box 5550, Kent,WA 98064-5550. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: Design and install a sports turf drainage system 15 feet on center on the natural grass area of Pendergast Field #1. Project will include: site evaluation; design; mobilization; layout; materials; and drainage system installation. 2. TIME OF COMPLETION. Contractor shall complete the work by September 15, 2014. 3. COMPENSATION. The City shall pay the Contractor the total amount of $34,733.00, plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a performance bond for the full contract amount to be in effect until sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW,whichever is later. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work,the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to PUBLIC WORKS AGREEMENT—Page 1 of 8 Rev.6/14 (between City of Bremerton and King County Directors Association) 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. Contra cto 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 al%payments of income tax, social security, state industrial insurance compensation, unemploymentcompensation, 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, agent, employees and sub- contractors. 5. TERMINATION. ThietY`Q ma terminat this agreement i out notice for Y good cause. "Good cause" shall include,without limitation, any one or more of the following events: \\ A. The-Contractor's fai ure to supplksufficient..skilled workers or suitable �materials\dr equipment. \\ B. \The Contractors fail ure�o prosecute the-work with such diligence as will ensure, its physical completion within the original physical completion time specifieds Agreement and any extensions of time which may have been granted to,the'Coonntractor by change order or otherwise. C. Th\Co\a\r's fail e'to make full and prompt payment to subcontractors or for material or labor. D. The Con ` ctor's d sregard of federal, state or local laws, rules or regulations. E. The,Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor disregards the authority of the City. G. The Contractor performs work which deviates from the Contract, and neglects or refuses to correct rejected work. H. The Contractor's failure to provide continuous competent supervision. I. The Contractor otherwise violates in any material way any provisions or requirements of the contract. PUBLIC WORKS AGREEMENT—Page 2 of 8 Rev.6/14 (between City of Bremerton and King County Directors Association) 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 writtenor/ora change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's project manager-within two,(2)\business days of the date the Contractor knew or should have known of the facts and events,giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an•.,equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments.- However, if the parties are unable to agree, the City will deter�mma. 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-or er requests for that portion of the contract work. If the Contractor disagrees with the equitable Ojustment,,the Contractor must complete the change order work; however, the Contractor.,mayielect-toprotest 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\orchang�-order, including any direction, instruction, interpretation; ordetermination by the City, the Contractor shall: 1. G�e a signed written notice of protest to the City within one business day; 2. Supplement the written protest within five (5) calendar days with a written statement that provides the following information: a. The date of the Contract's protest. b. The nature and circumstances that caused the protest. C. The provisions in this agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. PUBLIC WORKS AGREEMENT—Page 3 of 8 Rev.6/14 (between City of Bremerton and King County Directors Association) 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 or�ei by: (1) endorsi4.it, (2) writing a separate acceptance, or (3) not\protesting in the way thi\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,/&ect, indirect and consequential costs, including costs of delays related,to any work, either covered or affected by the change. D. Failure to Protest. onstitutes Waiver�B not protesting as this section providehe Coritraotor also waives any additional entitlement and a�epts from the Ci any wptten\o�oral order (including directions, instructions, interpretations, and determination). I E. Failure to Fol1�w Proced\es Constitutes Waiver. By failing to follow the procedures of�this,.section, the'Contractor completely waives any claims �f0� protested\ork and acc�pfs form the City any written or oral order (including directions, instructions, interpretations, and determination). 8. CLAIMS. The Contract\hall give written notice to the City of all claims other than change orderTwithin 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%rotherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement;,or if(and only if)no such provision is applicable,unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor's written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. PUBLIC WORKS AGREEMENT—Page 4 of 8 Rev.6/14 (between City of Bremerton and King County Directors Association) Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the Contractor's acceptance of the City's final payment under this contract. When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its 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. 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 ythat 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: PUBLIC WORKS AGREEMENT—Page 5 of 8 Rev.6/14 (between City of Bremerton and King County Directors Association) 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 hisurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for claims made under the Longshoreman and Harbor Workers Act and the Jones Act. 12. MISCELLANEOUS. A. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement or any sub-contract hereunder, the Contractor, its sub-contractors, or any person acting on behalf of such Contractor or sub-contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, physical disability, or sexual orientation discriminate against any person who is qualified and available to perform the work to which the employment relates. B. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. PUBLIC WORKS AGREEMENT—Page 6 of 8 Rev.6/14 (between City of Bremerton and King County Directors Association) 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. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. E. 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 F. Governing Lava. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County,Washington. G. 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. H. 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. I. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. J. 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. PUBLIC WORKS AGREEMENT—Page 7 of 8 Rev.6/14 (between City of Bremerton and King County Directors Association) K. 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. L. 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 DATr5 Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: Parks and Recreation Department 680 Lebo Blvd. Bremerton,WA 98310 (360)473-5305 (360)473-5882 (facsimile) APPROVED AS TO FORM: Bremerton City Attorney ATTEST: Bremerton City Clerk R:\LEGAL\Contracts\FORMS\ShortForm.PW.Agr.doc PUBLIC WORKS AGREEMENT—Page 8 of 8 Rev.6/14 (between City of Bremerton and King County Directors Association) PREVAILING WAGES ATTACHMENT A Sports Turf Drainage Specialists July 9,2014 Bremerton Parks&Recreation 680 Lebo Boulevard Bremerton WA 98310 360-473-5309 fax 360-473-5882 Attention:Jeff Elevado 360-473-5428 Jeff.Elevado@ci.Bremerton.wa.us re: Pendergast Regional Park, 1199 Union Ave W. Bremerton WA 98312,field#1 drainage Sports turf draina-a Greenshield Systems@ proposes to design and install a sports turf drainage system 15'on center over a 56,000 square foot natural grass hardball area on"field#1". A complete project includes site evaluation,design,mobilization, layout, materials,drainage system installation and hydro-seeding over the trenches. The proposed sports turf drainage installation to be 2"perforated pipe in a sand trench together 4"ADS dual wall N- 12 non-perforated collection manifold.The collection manifold will connect to your existing storm system or swale. Note:Trench spoils generated by Greenshield Systems@ will be stockpiled at a location on site at owner's direction. Note: The present schedule for the start of this project is August 26,2014,subject to field conditions. Sports turf drainage installation price$33,600.00* (Plus bonding$1,133.00: plus tax$3,021.77=total cost of$37,754.77) the following apply to the previous quote/bid **This may be purchased through KCDA **Owner will supply a'clean'area for Greenshield Systems to stockpile sand during construction **Owner will supply a localized area for Greenshield Systems to stockpile spoils during construction **Owner is responsible for any and all permits if required. **Owner is responsible for locating all buried services in the construction area **A'locator wire'will be installed with all 4 inch pipe **This proposal/bid is valid for 180 days from the above date 11745 State Route 20, Mount Vernon WA 98273-4710 wwpenshieldsystemsmm 360-466-0406 WA GREENSSL934CZ OR 175360 Fax 360-466-0333 ATTACHMENT B PURCHASING COOPERATIVE = 18639-807H Ave S.+P 0.Box 5550•Kent,WA 98064-5550•Phone 425-251-8115•Fax 253-395-5402.•www,kcda.org RENEWAL/EXTENSION OF AGREEMENT Contract 12-415 RENEWAUEXTENSION AGREEMENT Made by and between KCDA Purchasing Cooperative BOARD OF PO Box 5550 DIRECTORS Kent, WA 98064-5550 425 251 8115 Division 1 VACANT And Division 2 DOUG EGLINGTON Lake Washington Greenshield Systems LLC School District 414 Division 3 Said Agreement being numbered KCDA 12-415 Sports Field Drainage Systems BRIAN DEAGLE The existing Agreement initially commenced October 21, 2011 through October 18, 2012. The Issaquah Term of Contract and Renewal/Extension in the KCDA Bid provides the Agreement may be School District 411 extended in three 12 month increments by mutual written agreement (October 2013, October 2014, and October 2015). KCDA Purchasing Cooperative desires to enter into the second Division renewal beginning October 18, 2013 through October 31, 2014. Upon the signature of an ED BARNEY authorized officer of the Agency and of the above named company or corporation, the Federal Way agreement is hereby extended. School District 210 Division 5 This extension shall be subject to the Terms and Conditions as contained in the original KCDA DICK— Bid Number 12-415 NICHOLSON Shoreline KCDA Purchasing Coop �tive School District 412 Authorized Signatur dated ' Printed,'. It Greenshield Systems LLC Authorized Signature - ". .V— , dated j� 491 Printed King County Directors'Association A Public Procurement Agency .. ^PURCHASING C00PERA77VF t• `;;z;" },� ="' 18639-60TH Ave&•P.O.Box 5550•Kent,WA 98064-5550•Phone 425-251-8115•Fax 25.3-395-5402•www.kcde,org October 21,2011 Greenshield Systems LLC 11745 State Route 20 Mount Vernon,WA 98273 KCDA Bid 12-415 Sports Field Drainage Systems was awarded October 21,2411 by the KCDA i Board of Directors per the terns and conditions of the bid and one(1)Addendum. The initial WARD of contract is one year beginning October 21.2011 and ending October 19,2012. There is a DIREC70RS possibility of three(3)one(1)year renewable options at the mutual discretion of KCDA,KCDA arvlsbR Y customers and the vendor. j sill ` CLAUSMEYER Greenshield had four exceptions. It was established between Greensbield and KCDA: School Districi 409 a 5.3.0,page 30 Greenshield Systems LLC bid is based on 10 foot center drainage 1 D . installation + DOUG ® Tab 1,#10,pages 57-58: Purchasing of sports field drainage systems does not apply;the ak.iPtG7a3M Lake Washington 180 day rule does. Lake School Dishtt 414 a KCDA will not post customer reference forms e KCDA does have permiss�n to post signatures on line Usion IAN DDEEAAGLE An award page will be posted on our website no later than October 28,2011. igsa��n Division ctwol District 411 Thank you for responding to our bid and we look forward to working with GreenshiekL ED i'i 4 BARNEY NEY Please complete the information below confirming your acceptance of the award and return via FWwl �t zoo PDF to cturu kcda.org no later than Tuesday,October 25,2011. This will be posted on our School website. . Davis 5 SUE If you have questions,please feel free to contact me. I SUSKE Nath9m School Dl W 417 G menshield Systems LLC Company 11745 State Route 20,Mount Vernon WA 98273 Address cyntbia.@greenshieldsystems.com 360-466-0406 EmaiTPhone ff Name(printed) 7�Iame(Signature) ON, (D ) Sincerely, Charlene Turner—KCDA Purchasing Manager 425-251-8115 x143 i King County Coun Directors'Association A Schooi Purchasing Cooperative Invitation for Bid King County Directors'Association August 29,2011 TAB 9: SCIYEDULEA-Price List 1 (UNDER COVER OF THIS TAB MUST BE TETE CONTRACTOR'S SCHEDULE A-Price List. THIS MUST BE SUBMITTED W17H 03 RESPONSE OR THE RESPONSE WILL BE DISQUALIFIED) Table 1: Description * Price Washington price"per square foot"for installation of a 15,000 TO 50,000 $0.88 "turn-key"Sports Field Drainage System SQUARE FEET Washington price"per square foot"for installation of a 50,001 TO 100 000 "turn key"Sports Field Drainage System SQUARE FEET: $0'77 Washington price"per square foot"for installation of a 100,001 TO 200,000 "turn-key"Sports Field Drainage System SQUARE FEET $0.715 Washington price"per square foot"for installation of a 200,001 AND OVER "hurt-key"Sports Field Drainage System SQUARE FEET' $0.6325 Oregon price"per square foot"for installation of 15,000 TO 50,000 installation of a"tum-key"Sports Field Drainage System SQUARE FEET $0.88 Oregon price"per square foot"for installation of 50,001 TO 100,000 FEET:installation of a"turn-key"Sports Field Drainage System SQUARE F : $0.77 Oregon price"per square foot"for installation of 100,001 TO 200,000 installation of a"turn-key"Sports Field Drainage System SQUARE FEET $0.715 Oregon price"per square foot"for installation of 200,001 AND OVER installation of a"tum key"Sports Field Drainage System SQUARE FEET $0.6325 Price per square foot,based on size applies to all projects in all states(except Alaska&Hawaii)outside of Washington. Price differential is on all areas outside of Washington. Price Differential for Installation Outside Washington: This amount will be added to the Oregon and all:states(except Alaska&Hawaii)outside of Washington"per square foot"price. Indicate the point from which all mileage will be measured.Mileage will round-trill(charged to and return from pEoiect site Base location from which mileage will be measured:—Seattle, 1-5 mile marker 165 Differential per mile outside Washington: amount added to the"per s uare foot"Price per mileJ$8.00 NOTE:In Falculat'utg the price for each project subject to the per mile Price Differential,the Contractor is using. mileage which results in the most favorable total price for the purchaser. r Sports Field Drainage Systems -Page 79 TAB- 9 IFB 12-415 Invitation for Sid King County Directors'Association August 29.2011 Pricing Additional Cost Table 2: Description:Additional Optional Services Factor per square foot Fertilize:Products must not in violation of any state or per sq ft $,02 federal statutes.Fertilize using 20-14-14 at an application rate of 1.5 pounds of N(nitrogen)40% immediate nitrogen and 60%extended feeding,per 1,000 square feet. Slit overseedwith mechanical PTO driven slice seeder with a Northwest Sports Field Turf seed variety(as selected by customer)applied at 5#/1,000 square foot per sq ft $.02 Sod installation over trenches: Sod over trenches including import and placement USGA sand gown no net sod,priced per square foot of improved drainage area per sq ft $.14 -based on the square footage of the construction area Top-dress:Top dress with'`/a'of sports field top dressing sand(see certified sand sieve),drag and stockpile area clean up-material and application per sq ft $.04 Aeration core harvest:Harvest of aeration cores with core harvesting implement and export from site,priced per square foot pm ft $.015 Hollow tine aeration:Three quarter inch solid deep tine aeration performed by mechanical PTO driven implement on 3 X 5 inch intervals to a maximum depth per sq ft $.02 of 6 inches Trench spoils removal from site including load out,tipping fees,trucking and stock pile area cleanup,priced per square foot ofimp�roved drainage area per cu yd $28.00 Sports Field Drainage Systems -Page 80 TAB-)eq 1FB 12-415 AGENDA BILL !S :T CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Grant Agreement with Study Session Date: July 23,2014 Washington State Dept. of Ecology Coastal COUNCIL MEETING Date: Aug. 6, 2014 Protection Fund for Evergreen Rotary Park Department: Parks Renovations Presenter: Wyn Birkenthal Phone: 473-5752 SUMMARY:The attached grant agreement with the Washington State Dept. of Ecology (DOE) will provide an additional $40,000 to make Low Impact Development Improvements to Evergreen Rotary Park as part of the Evergreen Rotary Park renovation project currently in progress. The source of this grant is from monies collected by the DOE from fines and penalties, there is no local matching requirement for this grant. The grant funds will be used to remove impervious paving, install automatic irrigation to parking lot islands, purchase plant material, soil and soil amendments and develop an interpretive sign. ATTACHMENTS: DOE Grant Agreement FISCAL IMPACTS (Include Budgeted Amount): No match required. Installation of irrigation will save one and one half hours of staff time per week from May 15th to Sept. 15th annually. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to authorize the Mayor to enter into the Evergreen Rotary Park Grant Agreement with the Washington State Dept. of Ecology and 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 Attachment A DEPARTMENT OF ECOLOGY State of Washington GRANT NO. G15 Between THE STATE OF WASHINGTON T F ECOLOGY CITY OF B RT Evergree Park Ren on Project This is a binding agreement entered into n,the f Washington Department of Ecology, (PO Box 47600 ia, Was on, 9 00)h fter referred to as "ECOLOGY", and Ci n, hererr the CIPIENT". The RECIPIENT agrees t out t tivities herei RECIPI e: City of Bremerton arks and Recreation Ad dr 680 Lebo Blvd Bremerton,WA 98310 RECIPIENT ct Coord r: Colette Berna Te ne N r: 360-473-5429 Fax 360-473-5429 E-mail s: Colette.bema@ci.bremerton.wa.us RECIPIENT Billing Contact: Colette Berna Telephone Number: 360-473-5429 Billing Address: 680 Lebo Blvd Bremerton, WA 98310 RECIPIENT Federal Tax Identification No.: 91-6001231 For the purpose of this agreement: ECOLOGY Project Officer: Danielle DeVoe Telephone Number: 425-649-7036 E-mail Address: ddev461@ecy.wa.gov ECOLOGY Financial Project Officer: Cathy Hubbard Telephone Number: 360-407-6491 Fax Number: 360-407-6902 E-mail Address: Cahu461&ecv.wa.izov Billing Address: of Ecology orelan Environmental Assistance P.O. Box 4760 Olympia,WA 98 600 Physical Address: and Drive WA 98503 GRANT AMOUNT: 0200 MAXIMUM ELIGIB OJEC ST: 40,000 STATE MAXIMUM CO TE: 00% MAXI 0,000 The sour funds provi EC Y is the Coastal Protection Account. The EFFECTIVE of t antis.July l5,2914. Any work performed prio effective date of this agreement will be at the sole expense and risk of the RECIPIENT. The project described herein-must be completed on or before December 31,2014. THE EXPIRATION DATE of this agreement is December 31,2014. DEPARTMENT OF ECOLOGY GRANT G153C X Evergreen Rotary Park Renovation Project SCOPE OF WORK Location: City of Bremerton, Evergreen Rotary Park Renovati Project Description: The RECIPIENT will utilize these grant funds to re ver otary Park by retrofitting the existing waterfront parking lot(which is c n unbroken t of asphalt)with planting islands and rain gardens at low spots h stormwater run he project will also decrease the amount of impervious asphalt ne shoreline(visually r g the two halves of the park's landscape which is divided by thea t sheet ted at its c , improve accessibility from the main parking to the park's ty area, incre a number of parking spaces,install bike racks, op Breme Kitsap County's st fully accessible playground designed to pr pportum r all children regardless of ability.There are 3,500 children with ill in the service area. The closest similar facility requires a - He round ve ig Ha area.The project is being done in conjunction w' on-profi , eme dA sible Play(BBAP).BBAP includes families w' dren gar n iliti as been instrumental in project design and raising fil a prod as endo nts from nu erous community groups and financial contributions ocal ice clubs. The pro' to th wing n methods: 1)Re of Impervio rfac proxima 6,000 square feet(sf)of impervious surface will be re d which incl ,000 excess asphalt paving adjacent to the existing play area. The remova a existing pa reas a used to expand the new inclusive playground(with free-draining surfacing) ' the p ng lot,excess paving will be converted to landscaped planting islands a n gardens romote infiltration. 2)Bioinfiltration:O 00 f planters in the parking lot,900 sf will function as rain gardens and will be installed at to o capture and infiltrate stormwater from the existing impervious parking lot. The rain garden 11 be designed and constructed following the Low Impact Development(LID) Technical Guidance Manual for Puget Sound and will be vegetated with native and drought-tolerant plants.By incorporating a Bioretention Soil Mix(BSM)and plants adapted to the local climate and soil moisture conditions,the facility will promote infiltration,water storage,and slow release of stormwater flows to more closely mimic natural conditions. 3)Compost Amended Soils,Plantings,&Trees:The renovated parking lot will include approximately 4,000 sf of landscaping with trees planted in the parking lot and along the shoreline to enhance wildlife habitat,intercept stormwater runoff,provide shade and add beauty to the natural waterfront setting.These areas will be amended with compost before planting with drought tolerant vegetation to accelerate the development of healthy soil systems and help absorb and buffer stormwater flows. In addition,preservation of existing mature trees will help contribute to the control of stormwater runoff by intercepting precipitation in the mature tree canopy. 4)Public Outreach:The project's location in a high visibility public park presents a great opportunity to demonstrate the benefits of Low Impact Development for protecting Puget Sound waterways.Moreover,interest groups throughout the community have pledged over 600 volunteer hours to assist in the construction of the playground and planting of the native trees and vegetation in the rain gardens and along the shoreline.This enormous level of volunteer engagement will allow members of the community to learn about and experience LID first-hand. PROJECT TASKS Task 1—Construction of Hardscape Elements&Automatic Irrigation System 1.1 Sawcut and remove remaining 150 square feet of excess impervious asphalt in parking lot. (Approx. 4,000 square feet already removed.) 1.2 Install 480 linear feet of irrigation sleeving(to reach island planters) and install water-efficient automatic irrigation system for a 4,000 sf area to ensure plant establishment. 1.3 Patch asphalt(where pavement was removed to install irrigation sleeving). Deliverable(s):Construction Documents;Before, during and after pictures Estimated or known costs: $ 18,100 Due Date(s): October 1,2014 Task 2—Install Amended Soil,Plant Material,Bark Mulch 2.1 Install approximately 48 cubic yards (cy)of bioretention soil mix in rain gardens, 170 cy topsoil in planters. 2.2 Install approximately 4,000 sf of native,drought-tolerant plant material. 2.3 Install approximately 37 cy of bark mulch(3"depth) for moisture retention and weed suppression. 2.4 Install trees along 150 linear feet of shoreline between parking lot and water. Deliverable(s):Planting Plan; Before,during and after pictures Estimated cost: $21,000 Due Date(s): December 1, 2014 Task 3—Public Outreach 3.1 Develop and install an interpretive sign.Ecology is to approve the sign in advance and be given due credit on the signage. Deliverable(s):Interpretive Sign with Ecology Credit Estimated cost: $900 Due Date(s):December 31, 2014 Coastal Protection Grant No.615?1 x Between Ecology and City of Bremerton DEPARTMENT OF ECOLOGY GRANT G15XXXX Evergreen Rotary Park Renovation Project BUDGET Other THA Funds Funds * Total Budget by Element 1 Salaries 0 2 Benefits 0 3 Contracted Svcs 18,100 18,100 4 Travel 0 5 Equipment 0 6 Goods/Services 21,900 21,900 7 Overhead 0 Total by Element 40,000 0 40,000 Budget by Task Const. Hardscape 1 Elements &Irrigation 18,100 18,100 2 Install/soil/mulch/plants 21,000 21,000 3 Public Outreach 900 900 Total by Task 40,000 0 40,0001 An estimated$450,000 is being contributed by other sources as itemized below resulting in a project of nearly$500,000. *BUDGET -OTHER FUNDS 1. A/E: Survey, Permitting, Contract Documents $ 23,400 2. Construction: Mobilization, Staking, TESC, Traffic Control, Removal of 6,000 sf Asphalt Paving, Concrete curbing for Planters and Rain Gardens, Concrete curbing&seatwall at playground, Subdrain, Gravel base,ADA pathways & curb cuts, Parking Lot Striping,Wheelstops, Signage $ 118,600 3. Inclusive Playground, Footings, Gravel Base, Safety Surfacing (Materials &Installation) $ 293,000 4. Site Fixtures: Signage, Benches, Restroom Upgrades incl. Changing Tables, Shelter Upgrades including ADA Picnic Tables,Bike Rack $15,000 TOTAL $450,000 Page 5 of 23 Coastal Protection Grant No:G15XXXX' Between Ecology and City of Bremerton WORK PRODUCTS Copies of documents produced by the RECIPIENT, including, quarterly reports, and any work products developed under this grant shall be sent to the following ECOLOGY address: Attn Cathy Hubbard Washington State Department of Ecology Shorelands and Environmental Assistance Program P.O. Box 47600 Olympia,WA 98504-7600 Physical Address: 300 Desmond Drive Lacey, WA 98503 1. Three(3)copies (2 hard and 1 electronic)of quarterly reports shall be submitted as specified in Special Terms and Conditions. Quarterly reports may be submitted only electronically with prior approval from the Ecology Project Officer. 2. Three(3) copies of all work products as specified in the scope of work,unless otherwise specified. Two hard copies and one electronic copy shall be provided. Page 6 of 23 Coastal Protection Grant No.G15xxxx Between Ecology and City of Bremerton BUDGET CONDITIONS and PAYMENT TERMS Budget Conditions Regardless of the number of tasks or elements, ECOLOGY's Fiscal Office will track the EXPENDITURE BUDGET at the PROJECT COST LEVEL. A formal amendment is required to increase or decrease the overall project funding or revise the Scope of Work. For this grant, 100 percent of the total grant amount will be paid on a cost-reimbursement basis. Requests for reimbursement shall be submitted at least quarterly but not more often than once per month by the RECIPIENT on state invoice voucher forms. Payment requests are to include at a minimum Form A19-1A"Invoice Voucher", Form B "Running Budget Summary", Form C "Voucher Support" and Form D "Contractor Participation Report"(if applicable). RECIPIENTs will prepare the billing forms by element of expenditure(salaries/benefits, travel, goods/services, etc). Back-up invoices of expenses should be included with the billings. For the administration of this agreement the RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans", current edition. ECOLOGY forms are contained in the"Administrative Guidelines for Recipients of Ecology Grants and Loans"and must be used for payment requests, otherwise requests will be returned to the RECIPIENT for submittal on the correct forms. Electronic copies of these forms and the "Administrative Requirements for Recipients of Ecology Grants and Loans"("Yellow Book") are available at ECOLOGY's websites: Forms-hLp://www.ecy.wa.gov/biblio/9118a.html Yellow Book-http://www.ecy.wa.gov/biblio/9118.html Light Refreshments Light refreshments are an eligible expense in accordance with ECOLOGY's guidebook, "Administrative Requirements for Recipients of Ecology Grants and Loans", current edition. Payment Terms ECOLOGY will issue payments of grant funds within 30 days of receipt of properly completed invoice vouchers and progress reports. Final payment requests are payable contingent on receipt of the final products and deliverables of the grant. Upon completion of the project,unused grant dollars will be returned to ECOLOGY for use on other eligible projects. Page 7 of 23 Coastal Protection Grant No.G15xxxx Between Ecology and City of Bremerton A written report of activities must accompany all payment requests. SPECIAL TERMS and CONDITIONS 1. DATA STANDARDS AND DATA SHARING Data sharing and access is an important consideration for grant recipients. Data collected under grants should be available to secondary users and for future comparative analyses. It is a requirement that grant recipients submit monitoring data to Ecology's Environmental Information Management(EIM)database at http://www.ecy.wa.gov/eim/to store and access their data on the Internet. Data is submitted to EIM using online data submittal tools available at: http://www.ecy.wa.gov/eim/. Additionally, grant recipients may choose to develop their own databases, and these tools also provide a good model for data standards. Having many stand-alone databases can make data sharing difficult,but steps are being taken at the national level to improve data sharing. Since 1998 the U.S. Environmental Protection Agency(EPA) and the States have been working in partnership to improve access to environmental data. This has lead to the concept of the"Network Node," a place in cyberspace where environmental data can be uploaded and shared using common data exchange templates. Washington State has, along with Oregon, Idaho, and Alaska, successfully developed a prototype Website where environmental data from all four states can be searched and downloaded. It is known as the Pacific Northwest Water Quality Data Exchange and is available at: http://deq 12.deq.state.or.us/pnwwgx/ 2. QUALITY ASSURANCE PROJECT PLAN(QAPP) If this project involves the collection of environmental measurement data,the RECIPIENT will prepare a QAPP plan to ensure the consistent application of quality assurance principles to the planning and execution of all activities involved in generating this data. It is highly recommended that projects involving the use of existing environmental data adhere to these requirements. The plan shall be conducted in accordance with ECOLOGY'S Guidelines and Specifications for Preparing Quality Assurance Project Plans for Environmental Studies, current edition, (Ecology Publication No.04-03-030). The plan must describe the monitoring and data quality objectives,procedures, and methodologies which will be used to ensure that all environmental data generated will meet these requirements. The size and complexity of the plan should be cost effective and in proportion to the magnitude of the sampling effort. The QA/QC report shall contain all fourteen elements discussed in the QAPP guidance document. ECOLOGY'S Project Officer shall review and approve this plan prior to initiation of work. Page 8 of 23 Coastal Protection Grant No.G15xxxx Between Ecology and City of Bremerton The QAPP will cover the following elements: • Title Page with approvals • Table of contents and distribution list • Background • Project Description • Organization and Schedule • Quality Objectives • Sampling Process Design • Sampling Procedures • Measurement Procedures • Quality Control • Data Management • Audits and reports • Data verification • Data Usability Assessment On-line guidance for these topics is available at: bqp://www.ecy.wa.gov/biblio/0403030.html A QAPP template available for use by grantees can be found at: hqp://www.ecy.wa.gov/l)ro ams/eap/ga/docs/OAPPtooVMod2%2OTemplate/module2.pdf For additional informationog_ to hqp://www.ecy.wa.goy/programs/eap/qa Water samples requiring bench testing shall be analyzed by an environmental laboratory accredited by ECOLOGY. A list of ECOLOGY accredited laboratories and information on laboratory accreditation is provided on the Environmental Assessment Program website, currently available at: http://www.ecy.wa.goy/programs/eap/labs/index.html 3. COORDINATION WITH ECOLOGY'S GEOGRAPHICAL INFORMATION SYSTEM(GIS) IF this project involves developing GIS data, the RECIPIENT shall coordinate with ECOLOGY's GIS office in an effort to promote compatibility and to encourage sharing of geospatial data. To facilitate data sharing, ECOLOGY utilizes the following standards: Ecology's GIS Standards ESRI's ARC/INFO Current version ESRI's ArcView Current Version Page 9 of 23 Coastal Protection Grant No.G15xxxx Between Ecology and City of Bremerton Horizontal Datum NAD 83 HARN Vertical Datum NGVD 88 Projection System Lambert Conic Conformal Coordinate System WA State Plane Coordinates Coordinate Zone South Coordinate Units US Survey Feet Accuracy Standard +/-40 Feet(1:24,000) minimum accuracy to within a foot of the true North American datums stem Vector Import Format ArcEx ort, DLG and/or DXF, sha efiles Raster Import Format TIFF, BILBIP, RLC,GRID,ERDAS, SID Whenever possible, the RECIPIENT is encouraged to utilize the standards listed above when compiling data. To discuss the usage of other standards,please contact Jerry Franklin at 360 407-7470; Fax: 360 407-6902; E-Mail: jfra46l(a,ecy.wa.gov or John Tooley at 360-407-6418; E-Mail:jtoo46IAecy.wa.gov for further data sharing and compatibility information. The RECIPIENT shall submit copies to ECOLOGY's Project Officer with complete documentation as it relates to all digital data, GIS coverages, shape files, related tables and map products. 4. STATE ENVIRONMENTAL POLICY ACT (SEPA) Grant recipients are expected to consider the necessity of a SEPA process in the early stages of planning or scope development. Please contact your project officer for assistance. 5. IDENTIFICATION OF PROJECT MATERIALS All reports,maps, and other documents produced by the RECIPIENT, as part of this grant shall be identified as such. All items will be marked on the front cover or title page,or in the case of maps,the block that contains the name of the Government unit or ECOLOGY with 1)the name of the RECIPIENT; 2) ECOLOGY'S grant number; 3)Project Title; and 4)date of the report. Also, an acknowledgment of the source of funding, as appropriate,will be included. 6. PUBLICATIONS AND BROCHURES Any publications or brochures required as a product of this agreement shall be bound and conform to minimum standards of size, 8%i" x 11" white, recycled paper. Photos, illustrations, and graphs must be of reproducible quality. The RECIPIENT shall comply with any additional specifications as may be outlined in the Scope of Work or confirmed in writing between ECOLOGY and the RECIPIENT. The RECIPIENT is encouraged to implement sustainable practices where and when possible. 7. DOCUMENTS Page 10 of 23 Coastal Protection Grant No.G15xxxx Between Ecology and City of Bremerton The RECIPIENT shall provide ECOLOGY with a minimum of three(3) copies of all documents produced under the terms of this grant unless otherwise specified. Two hard copies and one electronic copy should be provided. 8. PROJECT COMPLETION REQUIREMENTS On completion of the project, the RECIPIENT shall submit the following information and materials to ECOLOGY: 8A. Project Completion Report: The purpose of this report is to document that the project and each of its elements has been completed. Four(4)hard copies and one(1) electronic copy of a"Project Completion Report" are required as follows: (1) Summary Account-The Completion Report must include a brief summary account of the work accomplished under the grant with respect to each of the surveys, studies,plans, and other tasks listed in the grant or any amendments to that grant. It is also to include a notation of the exhibit or portion thereof containing the product of that work task. (2)Reports,Maps,Plans, Exhibits, Etc. - The Completion Report must include a list of all reports, maps,plans, and other documents prepared under this grant, indicat- ing for each whether it is in published or unpublished form as defined in the grant. 813. Graphic Record Alternative: With respect to models and published maps and plans, such as aerial maps, maps, and plans which are colored or are too large to fold compactly, photographs or copies may be submitted instead of the actual maps,models or plans. These photographs or copies need to be 8" x 10" or larger and may be either in color or black and white,whichever is necessary to show the content of the map, model or plan. Each such photograph or copy shall be legibly identified as to the title and scale of the original document, the municipality, or area covered, and the report or study to which it relates, and shall contain a notation of the place where the original is located. 8C. Transmittal of Maps, Plans, Etc.: The title, the grants number, the municipality or county, and the report or study to which each map and plan relates shall be indicated on the outside top fold of such map and plan. All maps and plans transmitted shall be folded to the size of the report project. 81). Data Documentation and Submittal: Upon grant completion, all data and data documentation are to be submitted in accordance with the previously provided formats and standards, or in formats as previously negotiated in a formal agreement between ECOLOGY and the RECIPIENT. 8E. The Project Completion Report must be submitted with the Final Payment Request and follow the format provided by ECOLOGY. Final payment will not be made without the Project Completion Report. 9. ACCESS TO RECORDS AND RIGHT TO AUDIT Page 11 of 23 Coastal Protection Grant No.G15xxxx Between Ecology and City of Bremerton 9A. The RECIPIENT agrees that the Auditor for the State of Washington shall,until the expiration of three(3)years after expenditure of funds under this grant, have access to and the right to examine any directly pertinent books, documents,papers, and records of the RECIPIENT involving transactions related to this grant. The RECIPIENT agrees to include the substance of this paragraph into all grants and subcontracts payable from contract funds in whole or in part. 9B. The RECIPIENT agrees that payment(s)made under this grant shall be subject to reduction for amounts charged thereto which are found after audit examination not to constitute allowable costs under this grant. The RECIPIENT shall refund by check payable to ECOLOGY the amount of such reduction of payments under completed or terminated grants. 10. MAINTENANCE OF RECORDS All required records shall be maintained until a state audit is completed and all questions arising there from are resolved, or three(3)years after completion of a project, whichever is sooner. 11. MINORITY AND WOMEN'S BUSINESS (MWBE)PARTICIPATION The RECIPIENT agrees to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned(WBE)businesses in purchases and contracts initiated after the effective date of this agreement. Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE participation is encouraged,however, and the RECIPIENT and all prospective bidders or persons submitting qualifications should take the following steps,when possible, in any procurement initiated after the effective date of this agreement: a. Include qualified minority and women's businesses on solicitation lists. b. Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. c. Divide the total requirements,when economically feasible, into smaller tasks or quantities,to permit maximum participation by qualified minority and women's businesses. d. Establish delivery schedules,where work requirements permit, which will encourage participation of qualified minority and women's businesses. e. Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. The RECIPIENT shall report to ECOLOGY at the time of submitting each invoice, on forms provided by ECOLOGY,payments made to qualified firms. Please include the following information: Page 12 of 23 Coastal Protection Grant No.G15xxxx Between Ecology and City of Bremerton a. Name and state OMWBE certification number(if available)of any qualified firm receiving funds under the invoice, including any sub-and/or sub-subcontractors. b. The total dollar amount paid to qualified firms under this invoice. 12. SELECTION OF CONTRACTORS It will be the responsibility of the RECIPIENT to insure that any and all subs comply with the terms and conditions of this agreement and that the State of Washington is named as an express third-party beneficiary of such subcontracts with full rights as such. 13. FINANCIAL GUIDELINES The RECIPIENT shall comply with ECOLOGY'S current edition of the "Administrative Requirements for Recipients of Ecology Grants and Loans." The RECIPIENT shall be responsible for maintaining appropriate financial records throughout the life of the project and in accordance with these guidelines. 14. PAYMENT REQUESTS Payment will be made to the RECIPIENT for the grant amount upon execution of the grant agreement and receipt of a signed Invoice Voucher(A194A). Complete backup documents (to include but not limited to all invoiced costs, time sheets [signed and dated by both employee and supervisor],etc.)MUST be maintained by the RECIPIENT. These expenses will be kept in grant files according to budget task for a period of three years after project completion and made available at any time for inspection by ECOLOGY. 15. QUARTERLY REPORTING The RECIPIENT must send quarterly progress and financial reports, including current expenditures to ECOLOGY. Quarterly reports shall cover the periods and be due with 30 days following the end of the quarter, according to the following schedule,regardless of the grant effective date: Quarterly Reporting Period Date Quarterly Report is Due January 1-March 31 Aril 30 April 1-June 30 Jul 30*schedule may vag with fiscal year closing Jul 1-September 30 October 30 October 1-December 31 1 January 30 Quarterly reports shall convey essential information in a simple, concise manner through the use of bulleted summary statements, lists, and tables and include the following: 1. A description of work performed during the quarter. 2. Status of project schedule. Page 13 of 23 Coastal Protection Grant No.615xxxx Between Ecology and City of Bremerton 3. Financial and funds disbursement status. 4. Personnel changes. 5. Any difficulties encountered during the quarter. 6. Cash Flow Estimate. ECOLOGY reserves the right to terminate this agreement, as specified in paragraph K.1. of the General Terms and Conditions, for: 1. Failure to comply with quarterly reporting requirements, and 2. Failure to demonstrate satisfactory progress on elements and/or tasks as described in the Scope of Work. 16. AMENDMENTS A"letter" amendment is a written request by the RECIPIENT to 1)redistribute funds among budget elements or fund shares; or 2) extend the project completion and expiration dates. A formal amendment is required for any change to the scope of work or an increase to the total eligible project cost and is signed by both parties. Amendments are not required for administrative adjustments such as changes in telephone numbers, addresses,project officers, supervisors,or contact persons for ECOLOGY or the RECIPIENT. The RECIPIENT must still notify ECOLOGY of these changes. 17. FAILURE TO COMMENCE WORK In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of the grant agreement,or by any date mutually agreed upon in writing for commencement of work,ECOLOGY reserves the right to terminate this agreement. 18. ARCHEOLOGICAL AND CULTURAL RESOURCES The RECIPIENT must comply with all requirements listed in Executive Order 05-05 prior to implementing any project that involves disturbing soil. Compliance includes coordinating with the Department of Historic and Archeological Preservation and affected tribes. Executive Order 05-05 is found at: http://www.dahp.wa.gov/sites/default/files/DAHP%2OExecutive%200rder%2005-05.pdf The Department of Historic and Archeological Preservation has provided guidance to initiate the 05-05 process that can be accessed online at: hq://www.dahp.wa.gov/govemors-executive-order-05-05 Page 14 of 23 Coastal Protection Grant No.G15icxicx Between Ecology and City of Bremerton 19. GRANT CLOSEOUT All products for this project shall be submitted to ECOLOGY on or before December 31, 2014, or otherwise specified in the Scope of Work. 20. ALL WRITINGS CONTAINED HEREIN This agreement,the appended"General Terms and Conditions", and ECOLOGY'S current edition of"Administrative Requirements for Recipients of Ecology Grants and Loans", contains the entire understanding between the parties, and there are no other understandings or representations except those set forth or incorporated by reference herein. No subsequent modification(s) or amendments to this agreement shall be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. STATE OF WASHINGTON CITY OF BREMERTON DEPARTMENT OF ECOLOGY Gordon White Date Wyn Birkenthal Date Program Manager Parks and Recreation Director Shorelands Environmental Assistance Program Approved as to form only Assistant Attorney General Page 15 of 23 Coastal Protection Grant No.G15xxxx Between Ecology and City of Bremerton General Terms And Conditions Pertaining To Grant And Loan Agreements Of The Department Of Ecology A. RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that has been included in the agreement's final scope of work and budget. B. SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third-party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICES(BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the agreement is federally-funded, the RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages and Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. Page 16 of 23 Coastal Protection Grant No G15xxxz Between Ecology and City of Bremerton 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1,herein. G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or,receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this agreement and for at least three years following grant/loan termination or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A-133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT within ninety(90) days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Page 17 of 23 Coastal Protection Grant No.G15xicxz Between Ecology and City of Bremerton Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within thirty(30)days following the end of the quarter being reported. J. COMPENSATION 1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for Recipients of Ecology Grants and Loans", Part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. 3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation within forty-five (45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT's performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.5. herein. 5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to the DEPARTMENT by the RECIPIENT. 6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees. 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. Page 18 of 23 Coastal Protection Grant No.G15xxxx Between Ecology and City of Bremerton K. TERMINATION 1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds there under and/or terminate this agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become DEPARTMENT property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.1 above. When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section O herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the Page 19 of 23 Coastal Protection Grant No.G15xxxx Between Ecology and City of Bremerton DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish,recover or otherwise use the material(s)or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. 200-212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this agreement bear to the total acquisition,purchase or construction costs of such property. N. SUSTAINABLE PRODUCTS In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include use of clean energy, and purchase and use of sustainably produced products (e.g., recycled paper). For more information, see http://www.ecy.wa.gov/sustainability/. Page 20 of 23 Coastal Protection Grant No.-Gl5xxxx Between Ecology and City of Bremerton O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent (12%) per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall Page 21 of 23 Coastal Protection Grant No.615xxxx Between Ecology and City of Bremerton participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. S. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this agreement. T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. 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, and to this end the provisions of this agreement are declared to be severable. V. PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and(e)the General Terms and Conditions. W. FUNDING AVAILABILITY The DEPARTMENT's ability to make payments is contingent on availability of funding. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to completion or expiration date of this agreement, the DEPARTMENT, at its sole discretion, may elect to terminate the agreement, in whole or part, or to renegotiate the agreement subject to new funding limitations and conditions. The DEPARTMENT may also elect to suspend performance of the agreement until the DEPARTMENT determines the funding insufficiency is resolved. The DEPARTMENT may exercise any of these options with no notification restrictions. SS-010 Rev. 04/04 Page 22 of 23 Coastal Protection Grant No.G15xxxx Between Ecology and City 4Bremerton Modified 12/13 Page 23 of 23 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Evergreen Rotary Study Session Date: July 23, 2014 Park Renovations Approval of COUNCIL MEETING Date: August 6, 2014 Change Order#2 Department: Parks Presenter: Wyn Birkenthal Phone: 473-5752 SUMMARY: The City has substantially developed the Evergreen Rotary Park Renovations including the equipment installation of the Beyond Accessible Playground. At the start of the project bid additives were rejected including automatic irrigation to the parking lot planting islands. On July 10th the Department of Ecology notified Parks and Recreation we had been awarded a $40,000, no match Coastal Protection grant. The Parks Department seeks the authority to increase the Pivetta Brothers contract by$14,098.39 to accommodate the irrigation and other incidental miscellaneous work. The attached change order in combination with change order#1 (previously approved) brings the total contract change order approval over the 20% threshold requiring council approval. ATTACHMENTS: Change order#2 Pivetta Brothers Construction contract FISCAL IMPACTS (Include Budgeted Amount): DOE grant will allow this work to be funded. STUDY SESSION AGENDA: ® No Presentation ❑ Full Presentation STUDY SESSION ACTION: ® Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Change Order#2 in the contract with Pivetta Bros. Inc. for Evergreen Rotary Park Improvements 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 Attachment A CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 2 PROJECT NAME: Evergreen Rotary Park Renovation PROJECT NO: 59148 CONTRACTOR: Pivetta Brothers Construction, Inc. ORIGINAL CONTRACT AMOUNT: $104,899.52 DAYS: 15 PREVIOUSLY APPROVED CHANGES: $13,672.88 DAYS: 8 THIS CHANGE: $14,098.39 DAYS: 7 REVISED CONTRACT AMOUNT: $132,670.79 DAYS: 30 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. DESCRIPTION OF CHANGES INCREASE (DECREASE)IN CONTRACT IN CONTRACT TIME CONTRACT AMOUNT EXTENSION j AMOUNT ($) (DAYS) X 1 Work Change Directive#11 $9,761.00 0 5 Irrigation sleeving at east end of parking lot including sawcut& removal of asphalt, installation of 4"Schedule 40 PVC,backfill &replace HMA. X 2 Work Change Directive#12 $2,709.00 0 1 Additional concrete removal. Use Hydraulic Breaker to demolish approx. 10"of concrete in planter&dispose of off-site. X 3 Work Change Directive#13 $500.00 0 1 Sealcoat Irrigation trench lines. Subtotal of Change Order: $12,970.00 8.7%Sales Tax $1,128.39 Total of Change Order $14,098.39 NET CHANGE IN CONTRACT AMOUNT $14,098.39 INCREASE OR DECREASE Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, on-site or home office overhead, or lost profits. Nothing in this Change Order shall limit the City's right to bring a claim for past performance. CONTRACT CHANGE ORDER NO: 2 PROJECT NAME: Evergreen Rotary Park Renovation The undersigned Contractor approves the foregoing Change Order 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 Change Order. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Change Order 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 change order that is binding on the parties of this contract. In addition, Contractor 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. RECOMMENDED: PROJECT MANAGER Date RECOMMENDED: PARKS DIRECTOR Date ACCEPTED: CONTRACTOR Date APPROVED: MAYOR Date APPROVED AS TO FORM: ATTEST: Bremerton City Attorney City Clerk Page 2 of2 Attachment B CONTRACT (Page 1 of 4) THIS AGREEMENT is dated they day of .fit' in the year 2014 by and between the City of Bremerton (hereinafter called CITY) and Pivetta Brothers Construction, Inc. (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 EVERGREEN ROTARY PARK RENOVATION. ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Physical Completion within 15 working days after the commencement date stated in the Notice to Proceed. 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$1,000 per day after the date of Physical 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. ARTICLES. 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 elpro ssed by ENGINEER as provided in the Special Provisions r ContrActor Initials City of Bremerton April 2094 Evergreen Rotary Park Renovation Project I-27 Cun6.ct Coniract Cocurponts CONTRACT (Page 2 of 4) 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 Contrac ocuments. The provisions of this section shall survive the termination of the contract. C tr ctor Initials City of Bremerton April 2014 Evergreen Rotary Park Renovation Project /-28 Contract Contract Documents CONTRACT (Mage 3 of 4) 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 Found; 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. ARTICLE 9. DAVIS BACON AND RELATED ACTS Bidder shall comply with the requirements of the Davis-Bacon and related acts(DBRA)as outlined in 29 CFR parts 1-7 when the contract for construction, alteration, and or repair exceeds $2,000, is federally assisted, and involves the employment of laborers and/or mechanics to perform the work. 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 Pivetta Brothers Const. Inc. /1 4 R By By � f 45 1� [CORPORA-TTE SEAL] 11 Attest Attest ��� Address for giving notices Address for giving notices PO Box 370 Sumner, WA 98390 License No. PIVETBC063B9 City cf Blremerton April_Oi, Evergecn P,otory Park Per on-tion Pruicct 1-29 Con'ract Contract Vocumonts CONTRACT (Page 4 of 4) Approved as to Form: Agent for service of process: (Signature) (Title) City of Bremerton April 2014 Evergreen Rotary Park Renovation Project 1-30 Contract Contract Documents CONTRACT CERTIFICATE (if Corporation) STATE OF } ) ss. COUNTY OF ) I HEREBY CERTIFY that a meeting of the Board of Directors of the Pivetta Brothers Construction,- Inc. a corporation existing under the laws of the State of Washington , held on %fir;a 2— , 20 14, the following resolution was duly passed and adopted: Mark Pivetta "RESOLVED, That , as President of the Corporation, be and is hereby authorized to execute the Agreement dated fil41 , 20 14, by and between this Corporation and the City of Bremerton and that his/her execution thereof, attested by the Secretary of this Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation." further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this 2-r , day of 20 14 (Secretary) (SEAL) City of Brenner lon April 2014 =vergreen Rotary Park 1 enovation Protect t-;i f Contract Ceriiricate u CP.tract Documents CONTRACT CERTIFICATE (if Limited Liability Company) STATE OF ) ss. COUNTY OF ) I HEREBY CERTIFY that a meeting of the Members of the a Limited Liability Company existing under the laws of the State of held on 120 the following resolution was duly passed and adopted: "RESOLVED, that and , as Members of this Limited Liability Company, be and are hereby authorized to execute the Agreement dated . 20 to the City of Bremerton by this Limited Liability Company and that their execution thereof shall be the official act and deed of this Limited Liability Company." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this_, day of , 20_ A Limited Liability Company By: Member By: Member (S EAL) City of Bremerton April 2014 Evergreen Rotary Parte Renovation Project 1-32 Contract Certficate Ccntract Documents CONTRACT CERTIFICATE (if Partnership) STATE OF ) ) ss. COUNTY OF ) I HEREBY CERTIFY that a meeting of the Partners of the_ a partnership existing under the laws of the State of held on 20—, the following resolution was duly passed and adopted: "RESOLVED,that , as of the Partnership, be and is hereby authorized to execute the Agreement dated , 20_, by and between this Partnership and the City of Bremerton and that his/her execution thereof attested by the shall be the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this_, day of , 20_ Partner (SEAL) City or Bremer on April 20W Eva!vrp n Rotary F'l-d<Yee;ov tion P)C?ct 1-3.3 Contract CeiWfica[e3 Con:rac'Gocu.,n,e,its CONTRACT CERTIFICATE (if Joint Venture) .STATE OF ) ) ss. COUNTY OF ) I HEREBY CERTIFY that a meeting of the Principals of the a joint venture existing under the laws of the State of held on 120 the following resolution was duly passed and adopted: "RESOLVED, that , as of the Joint Venture, be and is hereby authorized to execute the Agreement dated , 20_, by and between this joint venture and the City of Bremerton and that his/her execution thereof attested by the shall be the official act and deed of this Joint Venture." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this_, day of 120 Managing Partner (SEAL) END OF AGREEMENT City of Bremerton April 2014 Evergreen Rotary Park Renovation Project 1-34 Contract Certificate Contract Documents Bond No.528CSGM2570 PERFORMANCE BOND (Page 1 of 2) KNOWALL MEN BY THESE PRESENTS, That Pivetta Brothers Constriction,Inc as CONTRACTOR, and Hartford Fire Insurance Company as Surety, are held and firmly bound unto City of Bremerton hereinafter called"OWNER,"in the sum of One Hundred Four Thousand Eight Hundred Ninety Nine and 52il00—($104,099.52) dollars, for the payment of which sum,well and truly to be made,we bind ourselves,our heirs,executors, administrators,successors, and assigns,jointly and severally,firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that said CONTRACTOR has been awarded and is about to enter into the annexed Agreement with said OWNER to perform the WORK as specified or Indicated in the Contract Documents entitled "City of Bremerton Department of Parks and Recreation, Evergreen Rotary Park Renovation";now,therefore, In the event CONTRACTOR,fails to timely or properly perform any of the requirements of the Contract Documents at the times and in the manner contained therein, the Surety shall be liable under this bond up to the amount of the bond for the full amount of the OWNER's expenses to construct or repair all work as well as all loss,cost,expense or damage suffered by the OWNER in excess of the Contract amount due to the CONTRACTOR'S failure to comply with any contract or permit conditions or other applicable laws and regulations. The Surety agrees that within 30 calendar days of receiving notice that the OWNER has declared a CONTRACTOR default and formally terminated the CONTRACTOR'S right to complete the Contract pursuant to its terms and conditions and that the CONTRACTOR has defaulted on all or part of the terms guaranteed by this bond,the Surety shall either: 1. Notify the OWNER in writing of its intent to cure the default itself within a reasonable period of time acceptable to the OWNER.The OWNER agrees to pay the balance of the Contract price to the Surety in accordance with the terms of the Contract,or 2. Tender to the OWNER the demanded sum, up to the amount of the bond. However, if the amount necessary for the OWNER to cure the default is less than the amount tendered,the OWNER will return,without interest,any overpayment to the Surety. PROVIDED, that any alterations in the WORK to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said CONTRACTOR or said Surety hereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said CONTRACTOR or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. The obligation of the Surety shall include reimbursing the City for all costs and expenses,(including, but not limited to fees and charges of engineers,architects,attorneys,and other professionals,and court costs if litigation is commenced)incurred by the OWNER in enforcing the provisions of this Bond. Cityof Bremerton April 2014 Evergreen,Rolary Park Renovation Project I-35 Performance Bond Contract Documents PERFORMANCE 13OND (Page 2 of 2) The CONTRACTOR hereby agrees that the CONTRACTOR'S obligation to perform the required work is not limited to the amount of funds held by the Surety.This bond is irrevocable and cannot be canceled by the Surety or the CONTRACTOR. This bond shall remain in full force and effect for a period of one(1)year following final acceptance of the project by the City, and until the bond is released in writing by the OWNER at the written request of the Surety or CONTRACTOR. IN WITNESS WHEREOF, we have hereunder set our hands and seals this r / day ,:. (SEAL) (SEAL) Pivetta Brothers Construction,Inc. Hartford Fire Insurance Company ( ON CT (S e ) By: By: Signature and SEAL) (Sig re an SEAL) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) DarlW Jakieiski,Attorney-In-Fact Address of Surety to which all notices shall be sent: 520 Pike Tower,Suite 900 Seattle,WA 908101 Address of Surety for service of process: Same as above (must be a physical address) City cf Brernedon April 2014 Evorgreen RotaryParkRenovation Proy'ect 1-36 Performance Bond Contract Documents Bond No.52BCSGM2570 PAYMENT BOND (Page 1 of 2) KNOW ALL MEN BY THESE PRESENTS, That Pivetta Brothers Construction,Inc. as CONTRACTOR, and Harfford Fire Insurance Coinpany as Surety, are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of One Hundred Four Thousand Eight Hundred Ninety Nine and 521100---($104,$99.52) dollars, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs,executors, administrators,successors, and assigns,jointly and severally,firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that said CONTRACTOR has been awarded and is about to enter into the annexed CONTRACT with said OWNER to perform the WORK as specified or indicated in the Contract Documents entitled "City of Bremerton Department of Parks and Recreation, Evergreen Rotary Park Renovation";now,therefore, If said CONTRACTOR,or subcontractor,fails to pay for any materials,equipment,or other supplies, or for rental of same,used in connection with the performance of work contracted to be done,or for amounts due under applicable State law for any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above,and,in the event suit is brought upon this bond,reasonable attorney's fees to be fixed by the court.This bond shall inure to the benefit of any persons,companies, or corporations entitled to file claims under applicable State law so as to give a right of action to them or their assigns in any suit brought upon this bond. PROVIDED, that any alterations in the WORK to be done or the materials to be fumished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said CONTRACTOR or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said CONTRACTOR or said Surety, and notice of such alterations or extensions of the CONTRACT is hereby waived by said Surety. The obligation of the Surety shall include reimbursing the City of all costs and expenses,(including, but not limited to fee and charges of engineers, architects,attorneys,and other professionals,and court costs if litigation is commenced) Incurred by the OWNER in enforcing the provisions of this Bond. City of Bremerton April 2014 Evergreen Rotary Park Renovation Project 1-37 Payment Bond Contract Dccuments PAYMENT BOND (Page 2 of 2) IN WITNESS WHEREOF, we have hereunder set our hands and seals this 7 day ofJ _..._..._ .2014. Pivetta Brothers Construction Inc. Hartford Fire Insurance Company { NT TO (Sur ty) By: % By: Sig ure and SEAL) f (SignKVfe and SEAL) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) Carleakielski,Attorney-In-Fact Address of Surety to which all notices shall be sent: _520 Pike Tower,Suite 900 Seattle,WA 98101 Address of Surety for service of process: Same as above (must be a physical address) City of Bromorton April 2014 Evergreen;Rotary Park Renovation Project 1.38 Payment Bond Contract Docurnents Direct lnquidestClaims to: POWEROF ATTORNE Y �HEHARTFlaza Bond T-4 fine Hartford Plaza Hartford,Connecticut 06155 cafi:888-266.3488 or fax:860-757-8835) KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code:52-81'1010 Lj.J Hartford Fire Insurance Company,a corporation duly organized under the laws ot'the State of Connecticut Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut ® Hartford Underwriters Insurance Company,a corporation duly organized under the(avis of the State of Connecticut ® Twin City Fire Insurance Company,a corporation duly organized under the laws of the State of Indiana ® Hartford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois 0 Hartford insurance Company of the Midwest,a corporation duly organized under the laths of the State of Indiana ® Hartford insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida having their home office in Hartford,Connecticut(hereinafter collectively referred to as the"Companies')do hereby make,constitute and appoint, uptotfreamoun#of Unlimited Steven K. Bush, Brandon K. Bush, Jim W. Doyle, Chad M. Epple, Julie M. Glover, Darlene Jakielski, Jim S. Kuich, Theresa A. Lamb, Michael A. Murphy, Nancy J. Osborne, Andy D. Prill, S.M. Scott, Steve Wagner of BOTHELL, Washington their true and lawful Atiorney(s)-in-Fact,each In their separate capacity If more than one is named above,to sign its name as surety(ies)only as delineated above by®,and to execute,seal and acknowledge any and all bonds,undertakings,contracts and other written instruments in the nature thereof,on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009,the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed,duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. MeuM` .�a 6 �I,r:e e.�r¢o ��arsts► s tD?q�y � tp�� f:' r + cam• - - =� Wesley W.Cowling,Assistant Secretary M.Ross Fisher, Vice President STATE OF CONNECTICUT Ss. Hartford COUNTY OF HARTFORD On this 12th day of July,2012,before me personally came M.Ross Fisher,to me known,who being by me duly sworn,did depose and say:that he resides in the County of Hartford,State of Connecticut;that he is the Vice President of the Companies,the corporations described in and which executed the above instrument;that he knows the seals of the said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. t lrgAyst: �nrx..�t�.�:•ti`� t Kathleen'I'iMgnard CERTIFICATE Notary Public My Cotntmssinn Expites July 31,2016 I,the undersigned,Vice President of the Companies,DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of May , Signed and sealed at the City of Hartford. 1 �S C3mirN _.yr' Ky,�_r.� a�• m ) T ai°'LChF rl Fa:fo�i '1 ZZ MM14,'r — a��/ tPfL,,.•• `7, ;;Yc:U w Meed' ���\�!' S arti s24�v"^ ' `tenses - 18 .=' �'t•'A da7ib,_; `.''� '� r� 1 i Gary IN.Stuinper,Vice President ATTORNEY-TN-FACT ACKNOWLEDGEMENT STATE OF Washington ) Ss: COUNTY OF King ) On this d-ay of /x?�' � , �Ilf ,before me, the undersigned,a Notary Public in and for the said State,personally appeared Darlene 3akielski ,known to me to be the Attorney-In-Fact for Hartford Fire Insurance Company ,whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same. NOTARY PUBLIC JUlie M. Glover My commission expires 9,121/15 ,s`,%%111111111/ fee •�SStONNOTA FXa•°�.pf�s N: PUBLIC ��- ° h. . Fp A< O P WAS AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee SUBJECT: License Agreement between the Study Session Date: July 23, 2013 City of Bremerton and U.S. Navy regarding COUNCIL MEETING Date: August 6, 2013 Construction of the Puget Sound Naval Department: PW&U Safety Project Burwell Pedestrian Access Presenter: Chal Martin Gate and Tunnel Phone: 473-5758 SUMMARY: Pursuant to its interpretation of 10 USC 2336, and pursuant to a recent Navy headquarters memo on the topic, the Navy has determined that a License Agreement is the appropriate implementing instrument for the Burwell Tunnel project to proceed. Due to time constraints for the project, the attached draft License Agreement is presented for review. Updates are anticipated to the License Agreement in the next few days. ATTACHMENTS: 1) License Agreement 2) 10 USC 2336; 3) Memorandum of May 22, 2014 from Dennis V. McGinn, Assistant Secretary of the Navy (Energy, Installations and Environment) 4) Bremerton Gift Acknowledgements FISCAL IMPACTS (Include Budgeted Amount): The project is funded by a State capital appropriation of $1.3 million. Of this amount, the Department of Commerce will retain $39,000 to manage the appropriation, leaving $1.261 million for construction and construction management. The City will be the contracting agency for the construction, in close coordination with Naval Base Kitsap. STUDY SESSION AGENDA: ❑ No Presentation Z Full Presentation STUDY SESSION ACTION: Z Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve a License Agreement with the Navy for construction of the Burwell Tunnel project, and authorize the Mayor to finalize and execute the License Agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 LICENSE FOR NONFEDERAL USE OF REAL PROPERTY LICENSE NUMBER SWDIV 11011/29(1-92) THIS LICENSE TO USE U.S.GOVERNMENT PROPERTY HEREIN DESCRIBED IS ISSUED BY THE DEPARTMENT OF THE NAVY TO THE LICENSEE NAMED BELOW FOR THE PURPOSE HEREIN SPECIFIED N44255-14-RP-00052 UPON THE TERMS AND CONDITIONS SET FORTH BELOW AND THE GENERAL PROVISIONS ON THE REVERSE SIDE HEREOF AND ANY SPECIAL CONDITIONS ATTACHED HERETO. BY THE EXECUTION HEREOF THE LICENSEE AGREES TO COMPLY WITH ALL SUCH TERMS,CONDITIONS AND GENERAL AND/OR SPECIAL PROVISIONS. 1. NAVAL ACTIVITY(Property Location) 2. DATES COVERED(Inclusive) Naval Base Kitsap Bremerton FROM I July 2014 TO 30 June 2017 3. DESCRIPTION OF PROPERTY(Include room and building number where appropriate) Burwell Pedestrian Gate and Access Tunnel Project(Exhibit"A") 4. PURPOSE OF LICENSE To enable the City of Bremerton to complete a renovation of the Navy's Burwell Tunnel,funded by a grant to the City from the State of Washmgton,and in accordance with the Assistant Secretary of the Navy's preliminary acceptance of the completed renovation project as a gift from the City to the Department of the Navy(DON). This license authorizes access by City officials,employees,contractors,and representatives to subject area subject to provisions of this License. S. LICENSOR 5a. LOCAL REPRESENTATIVE UNITED STATES OF AMERICA Naval Base Kitsap Public Works Officer DEPARTMENT OF THE NAVY NAVAL FACILITIES ENGINEERING COMMAND NORTHWEST 1101 TAUTOG CIRCLE SILVERDALE WA 98315-1101 6. LICENSEE(Name and address) 6a. LOCAL REPRESENTATIVE(Name and address) City of Bremerton 7. CASH PAYMENT BY LICENSEE(Payable In advance) If no cash payment Is required,enter"None"under item 7a"Amount" a. AMOUNT(Each b. FREQUENCY I c. FIRST DUE DATE d. TO(Local Government representative) Payment) PAYMENT DUE None 8. DEPOSIT FOR UTILITIES AND SERVICES(Payable In advance) If no cash payment is required enter"None"under item 8a"Amount" a. AMOUNT(Each B. FREQUENCY c. FIRST DUE DATE d. TO(Mailing Address) Payment) PAYMENT DUE None 9. INSURANCE REQUIRED AT EXPENSE OF LICENSEE If any or all insurance re uirements have been waived enter"None"in a,b c or d as a ro riate TYPE MINIMUM AMOUNT TYPE MINIMUM AMOUNT a. FIRE AND EXTENDED COVERAGE c. THIRD PARTY PERSONAL City is Self-Insured INJURY PER PERSON City is Self-Insured b. THIRD PARTY PROPERTY DAMAGE c. THIRD PARTY PERSONAL City is Self-Insured INJURY PER ACCIDENT City is Self-Insured 10.GENERAL PROVISIONS(See Reverse Side) Special Provisions are attached as Exhibit"B"and made part of this License. 11. EXECUTION OF LICENSE FOR NAME,POSITION,AND TITLE SIGNATURE DATE DEPARTMENT Michael D.Brady OF THE NAVY Real Estate Contracting Officer LICENSEE 10. GENERAL PROVISIONS a. The Licensor hereby grants to the Licensee the right to use the premises or facilities j. Interest: Notwithstanding any other provision of this License,unless paid within described in item 3,together with the necessary rights of ingress and egress. thirty (30) days, all amounts that become payable by the LICENSEE to the GOVERNMENT under this contract(net of any applicable tax credit under the Internal b. This License shall be effective for the period stated in item 2 and is revocable at any Revenue Code)shall bear interest from the date due until paid and shall be subject to time without notice at the option and discretion of the Licensor or its duly authorized adjustments as provided in the Federal Acquisition Regulations,as in effect on the date representative. of this License. The interest rate per annum shall be the interest rate in effect which has been established by the Secretary of the Treasury pursuant to Public Law 95-563, c. The use shall be limited to the purposes specified herein. the Contracts Disputes Act of 1978,which is applicable to the period in which the amount becomes due as herein provided. Amounts shall be due upon the earliest one d. This License shall be neither assignable nor transferable by the Licensee. of(a)the date fixed pursuant to this contract;(b)the date of the fust written demand for payment,consistent with this License,including demand consequent upon default e. If utilities and services are furnished to the Licensee for its use of the premises,the termination;or(c)the date of transmittal by the GOVERNMENT to the LICENSEE of Licensee shall reimburse the Licensor for the cost thereof as determined by the proposed supplemental agreement to confirm completed negotiations fixing the Licensor in accordance with applicable statutes and regulations. amount. The interest charge made under this clause may be reduced under the procedures prescribed in 32.614 of the Federal Acquisition Regulations in effect on the f. The Licensee,at its own cost and expense,shall protect,maintain,and keep in good date of this contract. order,the premises or facilities licensed hereby. At the discretion of the Licensor,this obligation shall include,but not be limited to,contribution toward the expense of long k. The Licensee shall indemnify and save harmless the Government, its officers, tern maintenance of the premises or facilities,the necessity for which accrued during agents,servants and employees from all liability under the Federal Tort Claims Act(62 the period of Licensee's use. The amount of expense to be home by the Licensee shall Stat. 869, 982; 28 U.S.C. Sec 2671, 2680)or otherwise, for death or injury to all be determined by prorating the total expense of the item of long term maintenance on persons,or loss or damage to the property of all persons resulting from the use of the the basis of fractional use by the Licensee. This fractional part of the total expense premises by the Licensee. Licensee shall famish the insurance specified in Item 9. shall be prorated further if the item of long term maintenance did not accrue in its Each policy of insurance required in Item 9 covering bodily injuries and third party entirety during Licensee's use. property damage shall contain an endorsement reading substantially as follows: •(a)The insurer waives any right of subrogation against the United States of America g. Upon a determination by the Licensor that the necessity exists for an expenditure of which might arise by reason of any payment made under this policy. (b) The funds for maintenance,protection,preservation,or repair,the Licensee shall pay to the Commanding Officer, Naval Facilities Engineering Command Northwest, shall be Licensor,its proportionate share,on demand. given thirty(30) days written notice prior to making any material change in or the cancellation of the policy. (c)The United States of America(Dept.of the Navy)is h. No additions to,or alterations of,the premises or facilities shall be made without added as an additional insured in operations of the policy holder at or from the the prior consent of the Licensor. Upon revocation or surrender of this License,to the premises licensed from the United States. (d)This insurance certificate is for use of extent directed by the Licensor,the Licensee shall remove all alterations,additions, facilities at item#1. betterment,and improvements made,or installed,and restore the premises or facilities to the same,or as good condition as existed on the date of entry under this License, 1. All insurance required by this License shall be in such form,for such periods of reasonable wear and tear excepted. time,and with such insurers as the Licensor may require or approve. A certificate of insurance or a certified copy of each policy of insurance taken out hereunder shall be i. The Licensee shall be liable for any loss of,or damage to,the premises or facilities deposited with the Licensoes local representative prior to use of the premises and incurred as a result of its use and shall make such restoration or repair,or monetary facilities. The Licensee agrees that not less than thirty(30)days prior to the expiration compensation as may be directed by the Licensor. The Licensee's liability for loss or of any insurance required by this License, it will deliver to the Licensoes local damage to the premises resulting from risks expressly required to be insured hereunder representative a certificate of insurance or a certified copy of each renewal policy to shall not exceed the amount of insurance so required. The Licensee shall not be liable cover the same risks. for loss of,or damage to,the premises arising from causes beyond the control of the Licensee and occasioned by a risk not in fact covered by insurance and not customarily in. No member of or delegate to congress,or resident commissioner shall be admitted covered by insurance in the locality in which the premises are situated. Nothing to any share or part of this License or to any benefit that may arise therefrom;but this contained herein,however,shall relieve the Licensee of liability with respect to any provision shall not be construed to extend to this License if made with a corporation loss or damage to the premises,not fully compensated for by insurance,which results for its general benefit. from willful misconduct,lack of good faith,or failure to exercise due diligence,on the part of the Licensee. All insurance required of the Licensee on the premises shall be n. The Licensee wan-ants that it has not employed any person to solicit or secure this for the protection of the Licensor and the Licensee against their respective risks and License upon any agreement for a commission percentage,brokerage or contingent fee. liabilities in connection with the premises. Each policy of insurance against loss or Breach of this warranty shall give the Government the right to annul this License or in damage to Government property shall name the Licensee and the United States of its discretion to recover from the Licensee the amount of such commission,percentage, America, Department of the Navy, as the insured and shall contain a loss payable brokerage or contingent fee in addition to the consideration herein set forth. This clause reading substantially as follows: warranty shall not apply to commissions payable by the Licensee upon contracts or sales secured or made through bona fide established commercial or selling agencies "LOSS,IF ANY,UNDER THIS POLICY SHALL BE ADJUSTED WITH maintained by the Licensee for the purpose of securing business. (NAME AND LICENSEE) AND THE PROCEEDS, AT THE DIRECTION OF THE GOVERNMENT, SHALL BE PAYABLE TO o. In connection with the performance of work under this License the Licensee agrees (NAME OF LICENSEE),AND PROCEEDS NOT PAID TO(NAME OF not to discriminate against any employee or applicant for employment because of race, LICENSEE) SHALL BE PAYABLE TO THE TREASURER OF THE religion,color,or national origin. The aforesaid provision shall include,but not be UNITED STATES OF AMERICA." limited to,the following: employment,upgrading,demotion.or transfer recruitment or recruitment advertising;layoff or termination;rates of pay or other forms of compen- In the event that any item or part of the premises or facilities shall require repair, sation; and selection for training, including apprenticeship. The Licensee agrees to rebuilding,or replacement resulting from loss or damage,the risk of which is assumed post hereafter in conspicuous places available for employees and applicants for under this paragraph,the Licensee shall promptly give notice thereof to the Licensor employment,notices to be provided by the Licensor setting forth the provisions of the and,to the extent of its liability as provided in this paragraph,shall,upon demand, nondiscrimination clause. The Licensee further agrees to insert the foregoing either compensate the Government for such loss or damage, or rebuild, replace or provision in all subcontracts hereunder,except subcontracts for standard commercial repair the item or items of the premises or facilities so lost or damaged,as the Licensor supplies or raw materials. may elect. If the cost of such repair,rebuilding,or replacement exceeds the liability of the Licensee for such loss or damage,the Licensee shall effect such repair,rebuilding, p. All activities authorized hereunder shall be subject to such rules and regulations as or replacement if required so to do by the Licensor,and such excess of cost shall be regards supervision or otherwise,as may,from time to time,be prescribed by the reimbursed to the Licensee by the Licensor. In the event the Licensee shall have local representative of the Licensor as designated in Item 5a. effected any repair,rebuilding,or replacement which the Licensee is required to effect pursuant to this paragraph, the Licensor shall direct payment to the Licensee of so much of the proceeds of any insurance carried by the Licensee and made available to the Government on account of loss of or damage to any item or part of the premises or facilities as may be necessary to enable the Licensee to effect such repair,rebuilding or NAVFAC 11011/29(1-92)(Back) replacement. In event the Licensee shall not have been required to effect such repair, rebuilding,or replacement,and the insurance proceeds allocable to the loss or damage which has created the need for such repair,rebuilding or replacement have been paid to the Licensee,the Licensee shall promptly refund to the Licensor the amount of such proceeds. v EXHIBIT "All ' t, $, .a . . .. ..,. LOCATION:MAR fit] _ - •,.Y�'�"�... �_ W.�R°�!��! .t11. :-` 1 _.�� � ��rp;'" ,6'1.' ..1'I' .1�, till '<`�;� �ar.� •?,ar���t..o 8881 North 97 ofa ,sr. ^v —. • ;-", �:�;I1 ; jI 'i j�; �; 'S Tunnel. ;:1= ' ' - Entrance.: Compound (City) + .�. •. ne ;; f :�:._...e''..�..�.............-. South•Tun Entrance �JBK igREh1ERT_pfw..__. -� (Shipyard.) u I � +r >ExWg turnstile-a GOV parking. EXHIBIT "B" SPECIAL PROVISIONS a. This license is issued as specified in the letter dated July 11, 2014 from Mr. Paul L. Oostburg, Acting Secretary of the Navy acknowledging the City's offer of a gift of improvements to the Burwell Pedestrian Access Gate and Tunnel and stating the Navy's intention to formally accept the gift upon completion of the improvement project. b. Commander Navy Region Northwest (COMNAVREG NW) identifies Naval Base Kitsap (NBK) Public Works (PW) as its subject matter expert for all construction oversight and regulatory compliance issues on NBK Bremerton and within the Puget Sound Naval Shipyard's (PSNS) highly-secured Controlled Industrial Area (CIA). COMNAVREG NW has authorized NBK PW to interface directly with the City of Bremerton (City)for the duration of this project. c. City and City's contractors working inside the PSNS CIA must be properly screened, badged and regularly monitored by Navy employee(s)throughout Project execution. d. Construction work performed under this Project must comply with all Federal environmental protection regulations related to this proposed action on board NBK. PSNS is designated as a United States Environmental Protection Agency"Superfund" hazardous waste clean-up site, and additional, site-specific environmental requirements apply. This designation requires Navy- performed coordination/oversight during construction to ensure the Burwell Pedestrian Tunnel Improvements Project is completed consistent with all existing environmental orders, agreements, and regulations. e. Navy-performed quality assurance oversight during construction is essential to ensuring the Burwell Pedestrian Tunnel Improvements Project is completed such that the final gift will be a complete and usable facility acceptable to the Navy. f. The City, as the contracting agency,will award all contracts required to complete this project, approve any changes to those contracts (subject to Navy approval and concurrence on issues pertaining to special provisions c, d, and e), and make payment for all contracted work. Contracts awarded by the City under this license will contain appropriate clauses mandating compliance with U.S. Government requirements identified by NBK PW. g. The City accepts the design and other technical requirements approved by the Navy and will close out construction and Designer of Record (DOR) consultation (a.k.a Post Construction Award Services or PCAS) contracts upon final project acceptance by NBK PW. After final gift acceptance,the City will not be held responsible for further errors, omissions, or quality issues related to the design or construction. However, if construction errors or defects are discovered before or after acceptance,the City will assist Navy by taking any available actions under the City's contract to have the contractor correct those defects. h. Recurring coordination/oversight will be expended by NBK PW during the pre-award and construction phases of this project in order to guarantee the final project and its execution meet all DON requirements. L The City of Bremerton is authorized to make improvements to the Navy's Burwell Tunnel, including its utilities and access points. Improvements to real property and structures must comply with all Navy regulations, instructions, standards,and requirements. Upon acceptance of the final gift and termination of this license, Department of the Navy will retain ownership of all improvements, construction, etc., authorized herein. j. The parties agree that nothing herein will be construed as obligating either party to violate existing laws or regulations. k. The City and NBK PW will coordinate regarding any audits resulting from this project while this LICENSE is in place, and after it has been terminated. I. This license does not create, limit,or modify existing legislative jurisdiction vested in the State of Washington or the U.S. government. Nothing contained herein creates or extends any right, privilege, or benefit to any person or entity. m. All terms and conditions outlined in this LICENSE shall form the basis of the agreement; however,the parties agree that the terms may be modified by the parties as necessary to administer and complete the project. n. ROLES AND RESPONSIBILITIES. a. Naval Base Kitsap Public Works (NBK PW)will: (1) Request final approval from higher authority for the acceptance of the gift of real property improvements from the City. (2) Provide existing project scope information. (3) Review any changes proposed to the Construction RFP prior to award,to ensure that all Federal and DoD/DON requirements are addressed in the final contract. Changes to the Construction RFP may not become final without Navy concurrence. (4) Coordinate with the City to ensure the City receives required information from the DOR and that the PCAS scope of work is complete and sufficient to satisfy Navy requirements. (5) Coordinate any necessary site visit(s) inside NBK and CIA,and any access requirements, during project solicitation/bid and pre-award process. (6) Ensure all NBK/PSNS-specific station support is properly coordinated throughout construction (e.g., contractor access issues on PSNS, utilities outages, environmental compliance,compliance with Navy Uniform Facilities Criteria, etc.). (7) Monitor construction and immediately notify the City of any actions required to comply with DON requirements. (8) Upon completion of project, accept and process project acceptance documents from the City. b. City of Bremerton will: (1) Complete and submit the Commerce Contract Readiness survey. (2) Execute and manage the Grant with Commerce as the single point of contact for all communication with Commerce on Grant issues. (3) Ensure City's RFP for Project construction includes all DON requirements, and incorporate necessary bid forms and other language so that the resulting contract complies with applicable City and State contracting regulations. (4) Coordinate with DOR and NBK PW to develop the contract for the City to award for PCAS services; award the PCAS and Construction contracts; ensure contractor compliance with all regulatory and contract requirements. (5) Ensure project is completed without exceeding the designated Washington State Department of Commerce,Jobs and Economic Development Grant funds available for project execution ($1,261,000) and without requiring any compensation from the United States. (6) Consult with NBK PW to evaluate the elimination of project phases to reduce costs in order to deliver an acceptable final project to the U.S if at any time it appears that costs to complete the project may exceed the available Grant funds. (7) Make all required payments to the Construction Contractor and DOR. (8) At least once a month or more frequently if required, coordinate with NBK PW to aggregate any required Work Change Directives into Change Orders, and execute those Change Orders. (9) Upon completion of the project, provide project acceptance documents to NBK PW. o. FINANCIAL MANAGEMENT REQUIREMENTS. a. Washington State Department of Commerce,Jobs and Economic Development Grant: (1) The Available Grant Funds available to the City for project execution is$1,261,000. The City will be responsible to ensure that the project is completed without requiring any compensation from the United States. (2) If at any time it appears that costs to complete the project may exceed the available Grant funds,the City will consult with NBK PW to evaluate the elimination of project phases to reduce costs in order to deliver an acceptable final project to the U.S. b. City will make all required payments to the Construction Contractor and DOR. C. Changes to the Construction Contract: (1) Field Changes Executed by Work Change Directive: (a) As stated at I.a.(7) above, NBK PW will monitor construction regularly. NBK PW will immediately notify the City of any changes required in order to comply with DON requirements. (b) Field changes affecting contract price or time must be incorporated by the City into a Change Order. PROPOSED LICENSE PROVISIONS/CONDITIONS FOR BURWELL TUNNEL PROJECT: [to be inserted into the standard license issued by DON] X This license is issued as specified in the letter dated from Mr. Thomas W. Hicks acknowledging the City' s offer of a gift of improvements to the Burwell Pedestrian Access Gate and Tunnel and stating the Navy' s intention to formally accept the gift upon completion of the improvement project. The license is granted subject to the following\special conditions and requirements. GENERAL REQUIREMENTS. a. Commander Navy Region Northwest (COMNAVRFiG NW) identifies Naval Base Kitsap (NBK) Public o ks (PW) as it��subject matter expert for all construction ove sght and regulatory compliance issues on NBK Bremerton and within\the Puget Sound a�wal Shipyard' s (PSNS) highly-secured Con ol�le4 Industri 1Area (CIA) . COMNAVREG NW has authorized NBK <W to interface directly with the City of Bremerton -Cty) for'the duration of this project. b. City contractor's\worki .-9 *ns 'Brd ...e PSN& CIA must be properly screened badged and`\eSu/1 -aly�mon-itored by Navy employee (s) throughout�..roj ect execution.tel c. Construction work performeC under this Project must comply P� \ J P Y with allederal envronmenta� gro ection regulations related to thisr.roposed action on NBK�_> PSNS is designated as a United States Environmental Protection Agency "Superfund" hazardous\waste cleanup si —e, and additional, site-specific environmetal requirements apply. This designation requires Navy-performed coordina4tion and oversight to ensure the Burwell Pedestrian Tunnel Improvements Project is completed consistent with all existing nw.ironmental orders, agreements, and regulations. d. Navy-performed quality assurance oversight is essential to ensuring the Burwell Pedestrian Tunnel Improvements Project is completed such that the final gift will be a complete and usable facility acceptable to the Navy. e. The City, as the contracting agency, will award all contracts required to complete this project, approve any changes to those contracts (subject to Navy approval and concurrence) , and make payment for all contracted work. Contracts awarded by the City under this license will contain appropriate clauses mandating compliance with U.S. Government requirements identified by NBK PW. e. The City accepts the design and other technical requirements approved by the Navy and will close out construction and PCAS contracts upon final project acceptance by NBK PW. After final gift acceptance, the City will not be held responsible for further errors, omissions, or quality issues related to the design or construction. However, if construction errors or defects are discovered before or after acceptance, the City will assist Navy by taking any available actions under the City's contract to have the contractor c rr ct those defects. g. Recurring coordination/oversight w3,T be expended by NBK PW during the pre-award and constr pct 46n phases of this project in order to guarantee the final pjct and itt execution meet all DON requirements. ROLES AND RESPONSIBILITIES. a. Naval Base Kitsap Public Works •NB PW)will: (1) Obtain final aper- )vak'frrom hitigher authority for the acceptance of the gift of -A\l pr, erty im..r,.ovements from the City. (2) Pro\d' e pro'j;ect scop infoon, government cost estimates, state Nestor e) preservation or environmental reports, if any, and_o\e r suppor-ting. information to assist the City in comple ints access to'Washington Department of Commerce Grant funds Review an\ch, ;gs proposed to the Construction RFP prior to�ar�ard, to ensure t�`h t all Federal and DoD/DON requirements are addr'es�?ed in the final contract. Changes to the Construct=di6 ...- omy not become final without Navy concurrence.(4) Coith the City to ensure the City receives required information from the DOR and that the PCAS scope of work is complete and sufficient to satisfy Navy requirements. (5) Coordinate any necessary site visit (s) inside NBK and CIA, and other relevant matters, during project solicitation/bid and pre-award process. (6) Ensure all NBK/PSNS-specific station support is properly coordinated throughout construction (e.g. , contractor access issues on PSNS, utilities outages, environmental compliance, compliance with Navy Uniform Facilities Criteria, etc. ) . NBK PW will coordinate with the City to provide guidance to ensure all Federal, DoD, and DON environmental and construction requirements are contained in City awarded construction contracts. (7) Monitor construction and immediately notify the City of any actions required to comply with DON requirements. b. City of Bremerton will: (1) Complete and submit the Commtoe Contract Readiness survey. (2) Execute and manage the Gr ntt with Commerce as the single point of contact for all co unication`krth Commerce on Grant issues. (3) Review proposed RFP for�Pr��ect construcon to ensure inclusion of all TON�requirem nts, and to incorporate necessary bid forms and o`he`language s�o`that the resulting contract complies with applicable City an. State contracting regulations. (4) Coord- n�:ith DOR and NBK�PTi�to develop the contract for tM City to award for/PCAS services; award the PCAS and Construction contracts; ensure contractor compliance with all regulatory and contract�requi\rements. (� At least on •.� m nth z more frequently if required, ) t a o �o o e q ly coo.rdi`n\te. with NB PAW to�a�g\gregate any required Work Change Directives into Change Orders•:, and execute those Change Orders. (6) Upon completion of the project, coordinate with NBK PW prior to fili�n�g �mp etion documents. FINANCIAL MANAGEMENT REQUIREMENTS. a. Washington State Department of Commerce, Jobs and Economic Development Grant: (1) The Available Grant Funds available to the City for project execution is $1, 261, 000. The City will be responsible to ensure that the project is completed without requiring any compensation from the United States. (2) If at any time it appears that costs to complete the project may exceed the available Grant funds, the City will consult with NBK PW to evaluate the elimination of project phases 'to reduce costs in order to deliver an acceptable final project to the U.S. b. City will make all required payments to the Construction Contractor and DOR. c. Changes to the Construction Contract (1) Field Changes Executed by Work Mange Directive: (a) As stated at II.a. (7)A.ove•,� NBK PW will monitor construction regularly. NBK PW wild",, ed ately notify the City of any changes required in orderto�complylwi.t• DON requirements. (b) Field changes affebting contract price or time must be incorporated by the City i to a Change Orde ri.�> OTHER PROVISIONS a. The parties agree tha -nothing. herei ill be construed as obligating either p ra t.y to vio\late`•xistin�Ws or regulations. b. This lice\.se does\not cre ted limit, or modify existing legislative jurisdiction vested in;the State of Washington or the U.S. gover nment�ld.tYfing conta-fined herein creates or extends�n. right, privxlege., or biBnefit to any person or entipy- 1. c. The City and BK PW will coordinate regarding any audits resultingfrom this\project,,\while this LICENSE is in place, and after it his\been termNnated. d. All to\sa-nd conditions outlined in this LICENSE shall form the basis of`the agreement; however, the parties agree that the terms may be modified by the parties as necessary to administer and complete the project. TERM AND EFFECTIVE DATE. This license is effective when signed by Navy's Real Estate Contracting Officer, and will remain in effect for a period of three (3) years from that date. If the parties agree, this license may be terminated at any earlier time subsequent to UNSECNAV's acceptance of the completed project as a gift to the Navy. 10 U.S. CODE § 2336 - INTERGOVERNMENTAL SUPPORT AGREEMENTS WITH STATE AND LOCAL GOVERNMENTS (a)In General.— (1)The Secretary concerned may enter into an intergovernmental support agreement with a State or local government to provide,receive,or share installation-support services if the Secretary determines that the agreement will serve the best interests of the department by enhancing mission effectiveness or creating efficiencies or economies of scale,including by reducing costs. (2)Notwithstanding any other provision of law,an intergovernmental support agreement under paragraph (1- (A)may be entered into on a sole-source basis; (B)may be for a term not to exceed five years;and (C)may use,for installation-support services provided by a State or local government,wage grades normally paid by that State or local government. (3)An intergovernmental support agreement under paragraph(1)may only be used when the Secretary concerned or the State or local government,as the case may be,providing the installation-support services already provides such services for its own use. (b)Effect on First Responder Arrangements.—The authority provided by this section and limitations on the use of that authority are not intended to revoke,preclude,or otherwise interfere with existing or proposed mutual-aid agreements relating to police or fire protection services or other similar first responder agreements or arrangements. (c)Availability of Funds.—Funds available to the Secretary concerned for operation and maintenance may be used to pay for such installation-support services.The costs of agreements under this section for any fiscal year may be paid using annual appropriations made available for that year.Funds received by the Secretary as reimbursement for providing installation-support services pursuant to such an agreement shall be credited to the appropriation or account charged with providing installation support. (d)Effect on OMB Circular A-76.—The Secretary concerned shall ensure that intergovernmental support agreements authorized by this section are not used to circumvent the requirements of Office of Management and Budget Circular A-76 regarding public-private competitions. (e)Definitions.—In this section: (1)The term"installation-support services"means those services, supplies,resources,and support typically provided by a local government for its own needs and without regard to whether such services,supplies, resources,and support are provided to its residents generally,except that the term does not include security guard or fire-fighting functions. (2)The term"local government"includes a county,parish,municipality,city,town,township,local public authority,school district,special district,and any agency or instrumentality of a local government. (3)The term"State"includes the District of Columbia,the Commonwealths of Puerto Rico and the Northern Mariana Islands,American Samoa,Guam,and the United States Virgin Islands,and any agency or instrumentality of a State. DEPARTMENT OF THE NAVY THE ASSISTANT SECRETARY OF THE NAVY (ENERGY, INSTALLATIONS AND ENVIRONMENT) 1000 NAVY PENTAGON WASHINGTON DQ 20350-1000 NAY 2 2 '!4 MEMORANDUM FOR CHIEF OF NAVAL OPERATIONS (N4) COMMANDER,NAVY INSTALLATIONS COMMAND COMMANDER, MARINE CORPS INSTALLATIONS COMMAND SUBJECT: Intergovernmental Support Agreements with State and Local Governments i Reference: (a) 10 U.S.C. §2336 (Section 331 of the National Defense Authorization Act for Fiscal Year 2013) (b) DOD14000.19, Support Agreements,25 Apr 2013 References(a) and(b)authorize the Service Secretaries to enter into Intergovernmental Support Agreements with state or local governments to provide,receive or share installation- support services to enhance mission effectiveness or to create efficiencies or economies of scale. The law authorizes the Services to enter into such agreements on a sole-source basis, for a term not to exceed five years, for common installation support services that the supplier(military installation or the state or local government)is already providing for its own use. To meet new fiscal realities and strategic priorities,the Department of the Navy (DoN) must pursue innovative and collaborative partnerships to achieve cost savings,cost avoidance and other benefits. While reference (a)expands DoN authority and provides new opportunities for beneficial partnerships, it also raises many questions. Pending resolution of these issues, all proposed Intergovernmental Support Agreements under this authority should be forwarded, via, the chain of command,to the Principal Deputy Assistant Secretary of the Navy (Energy, Installations&Environment) for review, coordination with other offices as necessary,and concurrence. My point of contact is Steve Keating, (703)614-5468; email: steve.keating@navy.mil. Dennis'V. McGinn I Copy: ASN (RD&A) ASN (FM&C) ASN (M&RA) Director, OSBP COMNAVFACENGCOM AGENDA BILL (oA CITY OF BREMERTON CITY COUNCIL ■■eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee■ SUBJECT: Amendment No. 1 to the Study Session Date: July 23, 2014 Professional Services Agreement with Kitsap COUNCIL MEETING Date: August 6, 2014 Humane Society Department: City Attorney's Office Presenter: Amanda Harvey Phone: 473-2345 SUMMARY: Amendment No. 1 to the Professional Services Agreement with Kitsap Humane Society reduces the monthly compensation to the Contractor, authorizes the Contractor to retain all licensing fees, and makes other related changes. ATTACHMENTS: Proposed Amendment No. 1 to Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): Current annual licensing fees is approximately $6,000 per year. The retainage of licensing fees by the Contractor is offset by the reduction of the monthly fee paid to the Contractor by the City ($500.00 per month) beginning in 2015. There will be a nominal reduction in income for the remainder of 2014 due to the Contractor retaining license fees. STUDY SESSION AGENDA: ❑ No Presentation © Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda 0 General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Amendment No. 1 to the Professional Services Agreement with Kitsap Humane Society to provide animal control services 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 AMENDMENT 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN KITSAP HUMANE SOCIETY AND CITY OF BREMERTON This is an amendment to the contract for animal control services entered into on June 6, 2011, ("the Contract"), between the City of Bremerton("City") and Kitsap Humane Society ("Contractor"). WHEREAS, the City and Contractor entered into the Contract for animal control services and the parties now wish to amend the Contract relating to compensation and licensing fees and make other related changes; NOW,THEREFORE, the parties amend the contract as follows: A. Section I of the Agreement is amended to read as follows: I. Scope: The Contractor shall provide the professional services defined in this Agreement and as necessary to accomplish the scope of work attached hereto as Exhibi A Exhibit A, Scope of Services. The Scope of Services may be modified only pursuant to Section VII.G of this Agreement. if the Seepe of Sen,iees provides for- unspeeified additional ser-viees sueh Fier-viees shall only be performed upen the e*pr-ess wFitten r-eq Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed and pursuant to the provisions of Chapter 7.10 BMC entitled "Impoundment and Quarantine," as currently enacted and hereinafter amended. Applicable fees and costs for services are set forth in Chapter 3.01 BMC, as currently enacted and hereinafter amended. B. Section III of the Agreement is amended to read as follows: III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Contractor the following: 2011 $204,000 or$17,000 per month 2012 $204,000 or$17,000 per month 2013 $204,000 or$17,000 per month 2014 $204,000 or$17,000 per month 2015 $198,000 or$16,500 per month In addition, the Contractor shall retain all licensin fees pursuant to Section 8 of Exhibit A, and all fees collected pursuant to BMC 7.10.010(e) unless otherwise agreed L by the parties. The City shall pay the Contractor for costs of impoundment of animals exceeding thirty (30) days due to the Bremerton Municipal Court requiring, the retention of evidence (animals). Such Boarding costs for impoundment beyond thirty (30) days shall be as set forth in Chapter 3.01 BMC. In the event the Contractor finds it necessary to board the animals at other shelters for Court ordered impoundment beyond thirty (30) days, the City shall pay the Contractor for additional expenditures for veterinarian costs including 1 Amendment 1 to PSA -Kitsap Humane Society medicine and lab work which will be billed separately at the Contractor's costs. The Contractor shall notify the City on the twenty fifth (25) day if it appears Court ordered impounded animals will be sheltered for over thirty (30) days. The Contractor shall submit monthly invoices for services performed in a previous calendar month in a format acceptable to the City along with an appropriate report detailing the services provide for said timeframe. The City shall pay the Contractor by check within thirty (30) days of receipt of a proper invoice. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. provided,Gentmeter- shall not perform work beyond the Seepe of Ser-viees, nor- shall be )a shall be in aeeer-danee with Exhibit-& If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Contractor of its obligations under this Agreement. C. Exhibit A of the Agreement entitled Scope of Services is amended to read as set forth as attached hereto. D. Exhibit B of the Agreement is removed in its entirety. All other terms of the Agreement not specifically amended herein shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Amendment the date and year indicated. KITSAP HUMANE SOCIETY Print Name Date Its CITY OF BREMERTON Patty Lent, Mayor Date Approved as to form: Attest: Roger A. Lubovich, City Attorney Shannon Corin, City Clerk R:\Legal\L.cgal\Files\Current Active Files\Kitsap Humane Society\Amendment I to PSA.doc 2 Amendment I to PSA -Kitsap Humane Society EXHIBIT A SCOPE OF SERVICES The Contractor agrees to furnish all labor, materials, equipment, and facilities to perform the duties and services required of the official Animal Control and Humane Society of the City. Such duties and services shall include the following: 1. Impounding Authority: The Contractor shall act as the Animal Control and Impounding authority for the City and shall provide impound services and facilities for all animals for which impounding is authorized or ordered by the City pursuant to City ordinances. 2. Enforcement of Ordinances: The Contractor is designated as the Animal Control Authority and shall enforce all ordinances of the City including enforcement of Park Codes in City Parks now in effect or hereinafter enacted relative to the care, treatment, control, impounding, and licensing of animals and commercial animal facilities. The Contractor shall investigate complaints of animal cruelty under RCW 16.52 and violations of BMC Title 7, and refer appropriate complaints to the City for prosecution. The Chief of Police of the City shall commission animal control officers of the Contractor over the age of twenty-one (21) years as special police officers of the City with the power to enforce City Ordinances and Washington State RCW relating to animal control only. PROVIDED, that such commission shall be conferred at the discretion of the Chief of Police and may be revoked at will by him. Further, the Contractor shall assist City law enforcement officers for DUI/DWI stops and/or traffic accidents involving dogs or cats. 3. Quarantine: The Contractor, under the authority and at the direction of the Health Officer of the Kitsap County Health District, shall, pursuant to the direction of the Health Officer or in accordance with the request of the owner, quarantine all animals that shall have bitten a person so as to have broken the skin. PROVIDED, that the length of such quarantine and the decision to release such animals from quarantine shall be within the determination and discretion of the Health Department. It is the understanding of the parties that the Health Officer has the responsibility to monitor animals under quarantine and the Contractor shall cooperate with the Health Officer in the record keeping necessary to monitor the keeping of quarantined animals. 4. Injured Animals: The Contractor, while on patrol or by request, shall pick up dogs or cats injured on City streets, roads, parks, and alleys. The Contractor shall provide veterinary care for such animals and will make every attempt to locate the owner. If the owner of such animal is unknown or unavailable, the Contractor shall make such disposition of said animal as it deems necessary or appropriate according to any applicable City, County, State or other appropriate regulations. Deceased animals shall be removed and disposed of by the Contractor during normal business hours, except in cases of emergency as addressed in paragraph 10. 5. Clearing of Livestock: The Contractor, on request, shall clear the City streets and roads of livestock or an other animals at large on said roads and streets. PROVIDED, that Y g nothing contained herein shall be construed to place responsibility on the Contractor for 3 Amendment 1 to PSA - Kitsap Humane Society the removal of dead livestock or any other animal from public roads, streets and highways, nor from public or private property, except as otherwise provided in paragraph 4 above. 6. Animals brought to Shelter: The Contractor shall accept at ne ehaFge dogs, cats, and other small pets brought to the Shelter by their owners or authorized persons, PROVIDED, such animals shall have not bitten any person within the last ten (10) days so as to have broken the skin; PROVIDED FURTHER, that disposition of said animal shall be at the discretion of the Contractor. Nothing herein contained shall be construed to prevent the Contractor from charging for euthanasia and/or cremation where such services are requested of the Contractor or deemed necessary. 7. Assistance in Prosecution: The Contractor shall provide its animal control officers the necessary courtroom training to present evidence and provide testimony in the prosecution of all violations of any ORDINANCE or statute pertaining to animals herein defined. The Contractor shall assist all officers of the City in obtaining and presenting evidence in connection with the prosecution of all violations of City ordinances pertaining to animals covered by this Agreement. The Contractor will honor all Bremerton Municipal Court Subpoenas. 8. The Contractor shall be responsible for issuing licenses and collecting the fees therefore for all animals for which a license is required by City Ordinance, at no cost to the City. All meneys eelleeted shall be r-emitted to the City on a menthly basis along with the appropriate Eeper-ts detailing the heenses The Contractor shall be responsible for administering the City's licensing_program for all animals for which a license is required by the City. All licensing fees collected by the Contractor from City of Bremerton pet owners shall be retained by the Contractor and shall be used first to cover the cost of operating and marketing the licensing_pro rg am, then to help pay for the spaying and neutering of unclaimed stray pets from the City of Bremerton before they are adopted out, and lastly to help subsidize a portion of the cost of offering discounted spay or neuter surgery services to low-income residents of the City. The licensing responsibilities of the Contractor shall include: a. Issue licenses and collect fees; b. Offer City of Bremerton residents an on-line licensing registration option; C. Send out renewal notices and reminders toilet owners via mail or on-line; d. Promote and market the licensing program to Bremerton residents; e. Submit monthly reports to the City detailing licenses issued and fees collected; and f. Submit an annual report to the City identifying the total number of licenses issued; the costs of administering_the program, including but not limited to the total number and cost of unclaimed stray pets spayed or neutered and the total number and cost of pets spayed or neutered at a discounted price; and any other information requested by the City. 9. Routine and Educational Services: The Contractor shall provide the following services of a routine and educational nature to the citizens of Bremerton: a. (yen duet daily ntrels of eity st« etn ads sidewalks, ati l alleyways F r cam-or- a""lccs defoestie ani ala. Sueh dwies shall inelude 4 Amendment l to PSA - Kitsap Humane Society 1 ea •..o.,*.,,,,,,* .The Contractor shall take in all stray animals found within the City of Bremerton and provide those animals with kenneling and care, including inoculations and flea treatments. Stray animals that are reported to the Contractor via the "911" Central Communications system shall be retrieved by the Contractor; in the case of multiple "911" calls, the Contractor may use its own criteria to prioritize its responses to such calls. Stray animals brought to the Contractor by City residents shall be accepted by the Contractor. The Contractor shall make reasonable attempts to contact a stray animal's owner if identifying information is found on the animal, such as a license tag, identification tag or microchip. The Contractor shall provide a redemption system to enable owners to reclaim their lost pets. b. Provide a twenty-four (24) hour lost and found pet information phone line and develop, if possible, a web site with appropriate safeguards to view animals that have been picked up as stray. C. Develop an education program that reaches children and adult groups, promoting responsible pet ownership. d. Provide subsidized spay and neutering surgery programs for low-income residents of the City. e. At the request of an elderly or disabled/infirmed City resident and with the permission of the property owner, the Contractor will set and retrieve trap(s) necessary to impound stray or injured domestic dogs and/or cats. f. Provide an adoption program that promotes responsible pet ownership as well as securing the spaying or neutering of animals in order to reduce population. g. Act as a resource facility for court-ordered community service. h. The Contractor shall be responsible for the removal and disposal of all dead animals from the Bremerton streets, roads, sidewalks and alleyways. If the owner of such animal is unknown or unavailable, and the Contractor has made reasonable attempts to contact the animal's owner if identifying information is found on the animal, the Contractor shall make disposition of the animal as it deems necessary or appropriate under the circumstances. 10. Emergency Services: The Contractor shall perform the Scope of Services listed above during normal business hours of the Contractor; however the clearing of livestock from roadways, impoundment of injured animals, and assistance to City law enforcement officers and fire personnel during DUI/DWI stops, traffic accidents, and structural fires shall be considered an "emergency" and responded to twenty-four (24) hours a day, 365 days a year. All "emergencies" shall be at the mutual discretion of the Contractor and the Bremerton Police/Fire personnel. Nothing contained herein shall require the Contractor or its agents to respond after the Contractor's normal business hours for routine animal complaints, pickups, or patrols. 5 Amendment I to PSA - Kitsap Humane Society EXHIBIT B FEE SCHEDULE All sen,iees detaile•�l�within the Seeps of Sevviees (Exhibit A) be ineluded in the in e the City shall pay the Gentr-aetef for- eests of impoundment of animals exeeedfff9 thit4 y /30\ d^`,rdue t6 efts„ AAunie:„^1 !`e ut4 _r-equiring the «ete.,tion of e videnee ranifnals\ Sueh Bear-ding eests F« : .,d.,-,e„t beyond thift y (30) days shall be 1:.,-.:«ea to- • C.„„11 Animals als $167n pe..day, or-$114 per- eels • Lar-ger-Animals (Livesteek) $21.72 per-day, or-$152.04 per-week in the event the Gentr-aetef: finds it neeessar-y to board the animals at other- shelters f8F Cot ordered impoundment beyond thit4y (30) days, the City shall pay the Gentr-aeter feF additional sepafately at the Gentfaeter-'s eests. The Gentr-aeter- shall nefify the City on the tweilty fifth (25) day if it appeaFs Gew4 efder-ed impounded animals will be sheltered for-ever-thit4y (30) days. 6 Amendment I to PSA -Kitsap Humane Society Bremerton License Fee Revenue (Generated by KHS) 2013(actual revenue) 2014(actual and projected revenue) Jan $ 342.50 Jan $ 412.00 actual Feb $ 300.00 Feb $ 440.00 actual Mar $ 665.00 Mar $ 520.00 actual Apr $ 405.00 Apr $ 500.00 actual May $ 325.00 May $ 752.50 actual Jun $ 617.50 Jun $ 615.00 actual Jan-June 6-mo sub-total $ 2,655.00 $ 3,239.50 Jul $ 640.00 Jul $ 640.00 projected Aug $ 562.50 Aug $ 562.50 projected Sep $ 405.00 Sep $ 405.00 projected Oct $ 475.00 Oct $ 475.00 projected Nov $ 317.50 Nov $ 317.50 projected Dec $ 537.50 Dec $ 537.50 projected July-Dec 6-mo sub-total $ 2,937.50 $ 2,937.50 Total Year $ 5,592.50 $ 6,177.00 Aug-Dec projected* $ 2,297.50 *The$2,000 to $2,5000 will help offset a portion of KHS initial start-up costs to launch the new licensing program: * Software costs * Marketing/design staff costs * Printing of flyers, posters,forms, * Printing, mailing of thousands of post-cards to all Bremerton pet owners who have licensed their pets over past five years to let them know they can now license or renew their pet license on-line * Added staff hours to coordinate the more robust licensing program,and process payments and renewals I I t it I i� i I I i Pet Licensing Benefits i I � i Bremerton City Council I � I � I, Submitted by Kitsap Humane Society Prepared by Eric Stevens, Executive Director ' I I; P 360.692.6977 j F 360.698.9668 9167 Dickey Road NW Silverdale;WA 98183 i gSystem with Current Licensin Issues — Poor license compliance if animal not licensed at KHS upon adoptio — Poor compliance on renewals — Little incentive or rationale to license • Little education, pet owners do not see the benefits of licensing • Licensing not user-friendly (no on-line capability) • Lack of multi-year licensing options — Revenue very low — little benefit to municipalities or animal welfare — Inconsistent licensing practices/fees across municipalities — Lack of licensing at pet stores/other locations that sell/adopt pets — Lack of licenses and microchips make it far more difficult to ID owners and find lost pets — increases Animal Control/shelter costs z I I Goals of New LicensingSystem — Increase licensing compliance ` I — Increase revenue to help offset animal control / animal welfare costs — Increase likelihood of lost pets being returned to owners — Enable municipalities to keep track of animals — Increase education/public awareness on benefits of licensing • Engage municipalities / area vets in licensing education — Provide greater incentives to license — lower cost i altered, c ippe • Create disincentives for not having pets chipped, altered — Provide ease of use via on-line registration — Increase number of pets that have: Microchips Been spay/neutered Rabies vaccine Ensure eventual County wide conformity / standardization — Optional $5 donation supports KHS spay/neuter efforts 3 ;Best Practices Elsewhere on Licensing • Calgary, Alberta - combined education, ease of use: 90% of dogs licensed, 85% of impounded dogs returned to owners within 24 hours Spokane — media campaign led to significant increase in licensing State of New Hampshire - $2 surcharge on dog licenses funds a low- cost spay/neuter program •, Los Angeles — high license fees for pets not spay/neutered incentives altering pets Bellevue, WA — put in place an aggressive enforcement and fine system in 2010, including patrols and door-to-door canvassing '- See presentation from "Found Animals" contrasting Calgary vs. L.A. a Key Public Education Messages on Licensing ;Best practices elsewhere advise 5 key messages: Licensing and microchips help your lost pet get home Licensing fees help our community find, take care of and return lost pets to owners ... reduce costs ... and reduce the number of strays Licensing fees intent altering and chipping pets License fees help support spay/neuter efforts in our City 16 Convenient: on-line licensing makes it easy i s Marketing Plan Is Media coverage — press releases is Social media — 10,000 followers on Facebook KHS newsletters KHS email blasts — 7,000 emails Public service announcements on public TV station Mailing to all Bremerton license owners - past 5 years Outreach to schools Presence at fairs, e.g. Whaling Days Notices in utility bills Emphasize benefits of licensing/convenience of on-line registration Renewal notices via email over time i 6 Benefits of Kitsap Humane Society's Pet Licensing Program for the City of Bremerton — Licensing is the law — let's enforce it — Lost pets more likely to get returned to owners (sooner too) • 85% of lost dogs in Calgary returned to owners within 24 hours Licenses help KHS Animal Control Officers do their job — if a stray animal is found, or a dangerous animal is on the loose — ID is crucial for records scan Licensing helps ensure animals have rabies vaccinations Pet licensing: • Benefits taxpayers and the City by controlling Animal Control costs • Improves animal welfare by helping to pay for spay/neuter programs that save lives • Incents pet owners to spay/neuter their pets On-line licensing will make it easy and convenient for pet owners • System is already up and running Kitsap Humane Society respected as community's animal welfare resource • Bremerton program can serve as a model — help us move to County-wide system • KHS can do public education on pet ownership via e-mail blasts to pet owners 1 Licensine Marketing Plan • Media coverage — press releases • Social media — 10,000 followers on Facebook • KHS newsletters / KHS email blasts — 7,000 emails • Public service announcements on public TV station • Mailing to all Bremerton license owners - past 5 years • Outreach: schools, fairs, Whaling Days • Notices in utility bills • Automatic e-renewal notices • Get businesses to promote / sponsor license program • Partner with the City of Bremerton in whatever ways we can to promote pet licensing • Emphasize benefits of licensing/convenience of on-line registration (see below) Key Messaees to Promote Licensine to Pet Owners • A license helps your lost pet get home sooner! • On-line licensing now makes it easy and convenient buy a pet license • License fees help support spay/neuter programs that save lives, reduce # of abandoned pets • Licensing is the law! Get your pet licensed today 2 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Ordinance No. 5253 amending Study Session Date: July 23, 2014 Section 7.10.010 of the Bremerton Municipal COUNCIL MEETING Date: August 6, 2014 Code (BMC) entitled "Impounding, Department: City Attorney's Office Redemption, and Disposition of pets and/or Presenter: Amanda Harvey Livestock" Phone: 473-2345 SUMMARY: Proposed Ordinance amends Section 7.10.010 of the Bremerton Municipal Code entitled "Impounding, Redemption, and Disposition of Pets and/or Livestock" to remove impound and boarding fees from Chapter 7.10 BMC. The fees are reestablished by resolution in the City rate and fee schedules. ATTACHMENTS: Ordinance No. 5253 FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑ No Presentation 0 Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda O General Business ❑ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5253 amending Section 7.10.010 of the Bremerton Municipal Code entitled "Impounding, Redemption, and Disposition of Pets and/or Livestock." COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 ORDINANCE NO. 5253 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 7.10.010 of the Bremerton Municipal Code entitled "Impounding, Redemption, and Disposition of Pets and/or Livestock." WHEREAS, the City Council desires to amend Section 7.10.010 BMC relating to the cost to impound animals; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION]. Section 7.10.010 of the Bremerton Municipal Code entitled "Impounding, Redemption, and Disposition of Pets and/or Livestock" is hereby amended to read as follows: 7.10.010 IMPOUNDING,REDEMPTION, AND DISPOSITION OF PETS AND/OR LIVESTOCK. (a) Impounding Pets and/or Livestock. Pets and/or livestock may be impounded in the following situations: (1) When the animal is at large; (2) When the animal has been subjected to cruel treatment as defined by Chapter 16.52 RCW; (3) When the animal has injured or bitten a person or other animal, and/or where the animal poses a threat to people or other animals; (4) When the animal is found in violation of any restrictions imposed by a court, animal control authority or hearing examiner, relating to potentially dangerous animals; or to BMC 7.12.030 relating to dangerous animals; (5) When the animal is found in violation of BMC 7.15.010(c) pertaining to animal noise, after two (2) written warnings to the owner within a calendar year; (6) When the animal is found within the City limits and has previously been declared to be a dangerous animal by a court, animal control authority or hearing examiner. (b) Place and Manner of Impoundment. Pets and livestock shall be impounded in the place and manner designated by the animal control authority. (c) Authority to Pursue. Animal control authority employees may pursue pets or livestock running at large onto City-owned property, vacant property and unenclosed private property to seize, remove, and impound such animals. This shall not restrict the animal control authority to pursue/impound an animal pursuant to Chapter 16.52 RCW. (d) Notice to Owner. Forthwith following impoundment, the animal control authority shall notify the owner of the animal of its impoundment; provided, if the owner of the animal is unknown, the animal control authority shall make reasonable efforts to notify the owner of the impoundment. (e) Redemption of Impounded Animals. 1 Animal Impound (1) Pets may be redeemed upon payment of the cost of the animal's medical care, an impound fee, a vaccination fee, a boarding fee, and any appropriate license and microchip fees. All fees shall be ehar-ged per-animal handled by the anifnal eeatr-el attther-it-y, (i) The impound fee is twenty five dollars ($25.00), whieh amount 5hall deable with eaeh effense. For-example: twenty five dellar-s ($25.00.), first effense; fifty dellaf($50.vv),ween offense; one hundred dollars ($100.00), this offense. (ii) The bear-ding fee shall be fifteen dollars ($15.00) pef dft�-. (2) Livestock may be redeemed upon payment of an impound fee, a boarding fee, and, if impounding requires special transportation, a special transportation fee. All fees shah be ehar-ged per-animal handled by the animal eentr-el autheFitj4r (i) The impetind fee is fifty dellafs ($50.00), whieh amettat shall double with eaeh off-enge. Fer-e�Eafnple: fifty dollars ($50.00), fifst offense; ene hundr-ed dollars «inn nm aoffense; i.undr-ea dollars ($200.00), third 0&fise (ii) The bear-ding fee is twenty de4a-s- 9.3.20.00) per-day. (iii) The speeial tfaaspei4afiea fee is seventy five dellaFs ($75.00) per {3)__ All costs and fees shall be charg I�cr ani►nal handled by the animal control authoritv� The a pl icahle fees are set forth in Chapter 3.01 BMC. (f) Disposition of Impounded Animals Not Redeemed. (1) When a pet is not redeemed, no sooner than ninety-six (96)hours following impoundment, the animal control authority may give or adopt the animal to an animal welfare organization or qualified person, or euthanize the animal. (2) When livestock is not redeemed, no sooner than seventy-two (72)hours following impoundment, the animal control authority may give or adopt the animal to an animal welfare organization or qualified person, or may commence to auction the animal to the highest bidder that can provide the animal with a suitable environment, or euthanize the animal. Notice of the auction and a description of the livestock to be auctioned shall be published at least seven (7)calendar days prior to the sale in the official City newspaper. Such notice shall also be mailed to the owner of the livestock, if known. (3) When a feral cat is not redeemed, no sooner than twenty-four(24) hours following impoundment, the animal control authority may give or adopt the animal to an animal welfare organization or qualified person, or euthanize the animal. (g) Disposition of Sick or Injured Impounded Animals. Sick or injured impounded animals may be euthanized in accordance with RCW 16.52.210. 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. 2 Animal Impound PASSED by the City Council the day of , 2014 GREG WHEELER, Council President Approved this day of , 2014 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of 12014 EFFECTIVE the day of , 2014 ORDINANCE NO. R:\Legal\L.egal\Ordinanccs\legal\Humane Society 7.10.010-Final.docx 3 Animal Impound AGENDA BILL CITY OF BREMERTON (0 CITY COUNCIL ........................................................................................ SUBJECT: Ordinance No. 5254 creating Study Session Date: July 23, 2014 Chapter 5.12 of the Bremerton Municipal COUNCIL MEETING Date: August 6, 2014 Code entitled 'Taxicabs" Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: Current provisions of the Bremerton Municipal Code do not provide for adequate regulations for taxicab services. The proposed ordinance creates a new chapter of the Bremerton Municipal Code relating to the regulation of taxicabs. ATTACHMENTS: Ordinance No. 5254 FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ❑ No Presentation Z Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda © General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Ordinance No. 5254 creating Chapter 5.12 of the Bremerton Municipal Code entitled `Taxicabs". COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 ORDINANCE NO. 5254 AN ORDINANCE of the City Council of the City of Bremerton, Washington, creating Chapter 5.12 of the Bremerton Municipal Code entitled "Taxicabs." WHEREAS, the current provisions of the Bremerton Municipal Code do not provide for adequate regulations for taxicab services; and WHEREAS, the City Council desires to create a new chapter, Chapter 5.12 of the Bremerton Municipal Code, relating to the regulation of taxicabs; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 5.12 of the Bremerton Municipal Code entitled "Taxicabs" is hereby adopted to read as follows: Chapter 5.12 TAXICABS 5.12.010 DEFINITIONS. For the purposes of this chapter, words and phrases used in this chapter mean as follows: (a) "Certificate holder" means any person as defined herein required to obtain a taxicab business certificate or a taxicab driver's certificate under the provisions of this chapter. (b) "City" means the City of Bremerton. (c) "Compensation" means remuneration or anything of economic value that is provided, promised, or donated primarily in exchange for services rendered. This includes, but is not limited to voluntary donations, fee-sharing between a'taxicab association or transportation network company and an affiliated driver, or other similar consideration. (d) "Driver" means any person, whether agent, employee, contractor, subcontractor or lessee authorized to operate or physically engage in driving a taxicab carrying passengers or baggage for hire, whether or not such person is the owner of or has any financial interest in the ownership of such vehicle; provided, however, that the provisions of this chapter shall not apply to drivers of motor vehicles operated by any municipal or privately owned, licensed nonprofit transit system. (e) "Operate" or"engage in the business of operating any taxicab" means the pickup and transportation of any fare paying passenger or baggage from a point within the geographical confines of the City, whether or not the vehicle is dispatched from within any other municipal corporation, and whether or not the ultimate destination or route of travel is within the confines of the City; provided, that nothing in this chapter shall be construed to apply to taxicabs licensed by any other municipal corporation and transporting passengers from a point within the licensing municipality to a destination outside thereof, whether or not the ultimate destination or route traveled is within the City. 1 Taxicabs M "Owner" means any person owning a taxicab and/or a taxicab business who is required to obtain certificates for taxicabs under the provisions of this chapter. In the case of a business entity, "owner" includes all officers, directors, shareholders, general partners, limited partners and managing partners of the entity, all persons vested with authority to manage or direct the affairs of the legal entity or to bind the legal entity in dealings with third parties, and all persons who have any ownership interest. (g) "Person" includes an individual, a corporation, a partnership, any unincorporated association, or legal entity. In the case of a business entity, "person" includes all officers, directors, shareholders, general partners, limited partners and managing partners of the entity, all persons vested with authority to manage or direct the affairs of the legal entity or to bind the legal entity in dealings with third parties, and all persons who have any ownership interest. (h) "Sightseeing vehicle" or"charter bus" means every motor vehicle held for public hire as a common carrier, used primarily for sightseeing purposes and generally over a fixed route for a stipulated consideration per trip. (i) "Special service vehicle" means a vehicle equipped to accommodate and which is used for the transportation of developmentally disabled persons as herein defined; the term "developmentally disabled" means any person who is physically or mentally disabled and who is transported by vehicle in a wheelchair. 0) "Taxicab," also known as a for-hire vehicle, means every motor vehicle held for public hire as a common carrier, usually for transportation of individuals, subject to call by the public generally or other form of solicitation; and the fare is based on an amount recorded and indicated on a taximeter, or on a special fare rate or contracted agreement, a flat rate or any other compensation for the transportation of individuals as defined herein. Taxicab includes sightseeing vehicles, special service vehicles, and transportation network company vehicles as defined herein. (k) "Transportation network company" (TNC) means a person or entity that provides application dispatch services to connect TNC drivers with passengers for the transport of passengers. "Application dispatch services" is any technology that allows consumers to directly request, via the internet or other means, dispatch of for-hire drivers for trips. 5.12.020 PURPOSE. This chapter is an exercise of the City's power to certify, control and regulate privately operated taxicab transportation services within the City. These regulatory purposes, without limitation, include protection of the public health, safety and welfare as it relates to taxicab transportation service within the City. 5.12.030 DUTIES OF POLICE CHIEF. (a) The examining of the qualifications of applicants to operate taxicab businesses and applicants to drive taxicabs, the certifying of taxicab businesses and taxicab drivers, and the enforcing of the provisions of this chapter shall be under the supervision of the chief of police (hereafter referred to as "Chief'). All references to the "Chief' in this chapter shall include the chief of police and his or her designee. (b) The Chief is authorized to promulgate rules and regulations for the operation of taxicabs consistent with the terms of this chapter. (c) The Chief shall have authority and discretion to interpret, administer and enforce the provisions of this chapter. 2 Taxicabs 5.12.040 CERTIFICATES REQUIRED,TERM AND RENEWAL. (a) Owner. Any owner who engages in the business of operating any taxicab in the City must obtain a: (1) State of Washington for-hire certificate as required by RCW 46.72.070; (2) City general business license as required by Chapter 5.02 BMC; and (3) Taxicab business certificate as required pursuant to the provisions of this chapter. (b) Driver. All taxicab drivers must obtain a taxicab driver's certificate pursuant to this chapter. (c) It is unlawful for any owner to allow operation of its taxicab in the City without having first obtained the licenses and certificates required by this chapter and it is unlawful for any driver to operate a taxicab without having first obtained a taxicab driver's certificate as required by this chapter. Issuance or renewal of a general business license, taxicab business certificate and/or taxicab driver's certificate required by this chapter is subject to compliance with the provisions of this chapter. (d) All certificates issued under this chapter shall expire on December 31st of each year. Certificates must be renewed by the certificate holder by making application therefor with the Chief by December 15th for the new certificate to be effective by the first of the succeeding year. Certificate renewal is subject to the Chiefs review in the same manner as the original application. (e) The provisions of this chapter shall not apply to motor vehicles operated by any municipal or privately owned, licensed nonprofit transit system. 5.12.050 TAXICAB BUSINESS CERTIFICATE - APPLICATION. (a) Applications. Applications for taxicab business certificates shall be made by the owner thereof upon forms to be furnished by the Chief. (b) For-hire certificate. Applicants must provide proof of any applicable valid state for-hire certificate or license. (c) Taxicab Business Certificate. The applications shall contain: (1) The full name and address of the owner, (2) The type of each vehicle and each vehicle's passenger-carrying capacity, (3) The vehicle registration with the proper"cab" or "for-hire" endorsement, (4) Certificate of insurance pursuant to Subsection (d) below, (5) Authorization for the Chief to review the applicant's driving record and criminal history pursuant to BMC 5.12.150 below, and (6) Any other information deemed necessary by the Chief. (d) Insurance. Applicants shall submit a certificate of insurance to the City at the time of application with the following requirements: (1) Insurance coverage must comply with Chapter 46.72 RCW as now or hereafter amended. In addition, in the event the applicant leases its for-hire vehicles, the applicant shall file proof of insurance coverage of all of applicant's lessees. (2) Such insurance coverage must name the City as an additional insured. (3) Such insurance shall be maintained in full force and effect for the full period to be covered by the certificate, and failure to do so shall result in automatic suspension. (e) Denial, Suspension, or Revocation. A certificate may be denied, suspended, or revoked to any person or business, as provided in Section 5.12.170 below. 3 Taxicabs 5.12.060 OWNER RESPONSIBILITIES —OPERATIONS AND NOTIFICATION. (a) The owner must ensure the taxicab is being operated only by a driver who holds a valid taxicab driver's certificate and a valid Washington State driver's license. (b) The owner must provide the Chief with a list of all drivers prior to those drivers operating the owner's taxicabs, whether the drivers are employees or lessees. (c) The owner must maintain a business address and a mailing address where the owner can accept mail, and a business telephone in working order that can be answered at least 9:00 a.m. to 5:00 p.m., Monday through Friday, and during all hours of operation. The taxicab office or dispatch center may suffice for this requirement. (d) The owner shall comply with all requirements for taxicabs within this chapter. (e) The owner must notify the Chief within three (3) working days of learning of the following occurrences: (1) Any conviction or other final adverse finding, including diversion agreements resulting from criminal charges, received by the taxicab driver for any criminal offense; (2) Any vehicle accident required to be reported to the state of Washington involving any taxicab operated by the taxicab driver; (3) Any restriction, suspension, or revocation of the taxicab driver's state motor vehicle driver's license; (4) The hiring, leasing or termination of any driver of its taxicabs, whether employee or lessee; or (5) Any change in vehicles or registration of vehicles. 5.12.070 VEHICLE MAINTENANCE - INSPECTION. (a) Each taxicab shall be equipped and maintained at all times by the owner for safety, cleanliness and lawful operation in accordance with the laws of the City and the state and shall be furnished with such equipment as the Chief shall deem necessary for such safe operation. (b) The Chief may perform an initial check of each taxicab prior to issuing a Taxicab Business Certificate and a Vehicle Decal to ensure each vehicle has appropriate basic safety features and to confirm the Vehicle Identification Number, and may perform similar annual checks of each taxicab. (c) No taxicab shall be issued a permit unless there is installed therein a taximeter capable of mechanically calculating the rates for hire; provided that the Chief may, for good cause shown, waive the requirement for installation of the taximeters. (d) The taxicab owner shall maintain vigilance over such vehicle to see that it is kept in a condition of continued fitness for public use. The police department may inspect all taxicabs on the complaint of any citizen, or from time to time as may be deemed necessary. If the police department has cause to believe a taxicab is not in a condition safe for the transportation of passengers, the Chief may order an inspection by an independent certified mechanic at the owner's expense. 5.12.080 VEHICLE DECAL - FEE. (a) Upon completion of the appropriate form and payment of the fee set forth in subsection (c)below, and approval of the taxicab business application by the Chief, the Chief 4 Taxicabs shall deliver to the applicant one decal for each vehicle that will operate under the taxicab business certificate; the decal shall be of such size and form as may be prescribed by the Chief. (b) The vehicle decal shall be displayed on the rear bumper of each vehicle to the left of the license plate. (c) The decal fee shall be as set forth in Chapter 3.01 BMC per annum for each taxicab issued a decal. In the case of decals issued on or after July 1 st of each year, one-half of the annual fee shall be paid. Such decal shall not be transferable. 5.12.090 NAME OF OWNER DISPLAYED ON VEHICLE. Every taxicab operating under the provisions of this chapter shall have the name of its owner plainly printed in letters at least two inches in height in a conspicuous place on each side of the vehicle. When one company or individual owns or operates multiple taxicabs, each taxicab shall display its owner's name in uniform lettering. 5.12.100 ISSUANCE OF TAXICAB BUSINESS CERTIFICATE. (a) Upon satisfactory fulfillment of the requirements set forth in this chapter, including approval by the Chief, there shall be issued to the applicant a certificate by the Chief. Taxicab business certificates shall be issued for the calendar year. (b) The fee for a taxicab business certificate shall be as set forth in Chapter 3.01 BMC. (c) The certificate shall not be transferable. 5.12.110 TAXICAB DRIVER'S CERTIFICATE -APPLICATION. (a) Applications. Applications for taxicab driver's certificates shall be made by any driver of a taxicab upon forms to be furnished by the Chief. The operation of a taxicab is a privilege, not a right. An applicant or certificate holder's ability to satisfy stated criteria for a taxicab business certificate does not create a right to a taxicab driver's certificate. (b) Driver's Certificate. Every person driving a taxicab must be certificated as such. Each applicant for a driver's certificate shall: (1) Be licensed by the state of Washington to drive a vehicle; (2) Be twenty-one (21) years of age or over; (3) Be able to speak, read, and write the English language; (4) Operate the taxicab with due regard for the safety, comfort, and convenience of passengers; (5) Provide proof of insurance as required under state law if the driver will be a taxicab lessee not covered under the taxicab owner's insurance; (6) Fill out upon a blank form to be provided by the Chief a statement giving his or her full name; address; age; height; color of eyes and hair; place of birth; whether the applicant has ever been convicted of a felony or a misdemeanor; whether the applicant has been previously licensed or certificated as a driver or chauffeur, and if so, when and where; whether his or her license or certificate has ever been suspended or revoked and for what cause; and any other information deemed necessary by the Chief; and shall sign and swear to such statement and file it with the Chief; and (7) Every applicant must file with their application two recent photographs of himself or herself of a size designated by the Chief and which may be easily attached to his or her certificate, one of which shall be so attached when issued; the other shall be filed with the 5 Taxicabs application. The photograph shall be so attached to the certificate that it cannot be removed and another photograph substituted without probability of detection, and (8) Authorization for the Chief to review the applicant's driving record and criminal history pursuant to BMC 5.12.150 below, and (9) Any other information deemed necessary by the Chief. (c) Denial, Suspension or Revocation. A taxicab driver's certificate may be denied, suspended or revoked as provided in Section 5.12.170 below. 5.12.120 ISSUANCE OF TAXICAB DRIVER'S CERTIFICATE. (a) Upon satisfactory fulfillment of the requirements set forth in this chapter, including approval by the Chief, there shall be issued to the applicant a certificate by the Chief, which shall be in such form as to contain the photograph and signature of the certificate holder. Taxicab driver's certificates shall be issued for the calendar year. (b) The fee for a driver's certificate shall be as set forth in Chapter 3.01 BMC. (c) The certificate shall not be transferable. (d) The certificate must be conspicuously displayed within the taxicab at all times the driver is operating the taxicab. 5.12.130 DRIVER TO FURNISH RECEIPT ON DEMAND. If demanded by the paying passenger, the driver in charge of the taxicab shall deliver to such passenger a receipt in legible type or writing containing the name of the owner, any items for which a charge is made, the total amount paid, and the date of payment. 5.12.140 NO SMOKING IN TAXICABS. Taxicab drivers must ensure that no person, including the taxicab driver, smokes cigarettes, e-cigarettes, vapor cigarettes, pipes, cigars, marijuana, or any other item within the taxicab. 5.12.150 CRIMINAL BACKGROUND CHECKS. (a) All applicants for a taxicab business certificate, including all owners as defined in BMC 5.12.010 above, and all applicants for a taxicab driver's certificate, including all drivers as defined in BMC 5.12.010 above, must consent to be fingerprinted for criminal background checks. Pursuant to RCW 35.21.920, the Chief may request a state and nationwide background check of each applicant at the time of the applicant's initial application and during each certificate renewal thereafter. The applicant shall submit fingerprints to the Washington State Patrol, who will then conduct a state background check and forward the fingerprints to the Federal Bureau of Investigation for the nationwide background check. Applicants shall be assessed both a state and nationwide background check fee sufficient to cover the costs of the background checks. The criminal background check fee shall be nonrefundable and payable to the Washington State Patrol, at the time the background checks are requested and the fingerprints are provided. The applicant shall also be responsible for paying a fee for each fingerprinting as set forth in Chapter 3.01 BMC. (b) Upon receipt of the fingerprints and the appropriate criminal background check fees, pursuant to RCW 35.21.920, the Washington State Patrol will compare the applicant's fingerprints against its criminal database and submit the fingerprints to the Federal Bureau of Investigation for a comparison with nationwide records. The results will be sent directly to the City for review. 6 Taxicabs 5.12.160 PENALTY. In addition to or as an alternative to any other penalty provided herein, any certificate holder, person, or business that violates any provision of this chapter is subject to the following: (a) Infraction. The following infractions shall be punishable by a civil penalty of one hundred twenty-five dollars ($125.00). (1) Failure to obtain, renew, and/or maintain any certificates required by this chapter, other than a Washington State driver's license. (2) To operate, or allow to be operated, a taxicab that does not have required insurance. (3) To operate, or allow to be operated, a taxicab that does not have required vehicle registration with the proper"cab" or"for-hire" endorsement. (4) To operate, or allow to be operated, a taxicab that does not have displayed a decal as specified in BMC 5.12.080. (5) For a taxicab driver to operate a taxicab without a valid taxicab driver's certificate as specified in this chapter. (6) Failure to comply with any provision of this chapter. (b) Misdemeanor. (1) Any second or subsequent violation of subsection (a) above within a six month period shall be a misdemeanor pursuant to BMC 1.12.020(2). (2) For a driver to operate a taxicab, or an owner to allow a driver to operate a taxicab, after the driver's certificate has been denied, suspended, or revoked shall be a misdemeanor pursuant to BMC 1.12.020(2). (3) For an owner to allow operation of its taxicab after a taxicab business owner certificate has been denied, suspended, or revoked shall be a misdemeanor pursuant to BMC 1.12.020(2). (4) Operation of a taxicab by a driver without a valid Washington State driver's license, or when the driver's Washington State driver's license is suspended, shall be a gross misdemeanor pursuant to BMC 1.12.020(1). (c) Each day for which a violation occurs shall constitute a separate offense. 5.12.170 CERTIFICATES AND LICENSES - DENIAL,SUSPENSION, AND REVOCATION. (a) Generally. (1) Any application for the issuance or renewal of a certificate issued under this chapter may be denied, and any certificate issued under this chapter may be suspended or revoked based on one or more failures to comply with the requirements of this chapter or based on one or more violations of the requirements of this chapter as well as the provisions set forth below. (2) The Chief shall have the power and authority to deny, suspend or revoke any certificate required under the provisions of this chapter. The Chief shall notify such applicant or certificate holder in writing by certified mail or personal service of the denial, suspension or revocation of his or her certificate application or certificate and the grounds therefore. (3) Failure to comply with the provisions of this chapter may result in the denial or revocation of a general business license pursuant to BMC 5.02.180. (b) Taxicab Business Certificate. A taxicab business certificate may be suspended or revoked or an application denied, in the sole discretion of the Chief, if the applicant, certificate holder or any of its owners does any of the following: 7 Taxicabs (1) Allows any person to drive a taxicab which is not in safe condition; (2) Allows a driver to operate owner's taxicab when insufficiently covered by insurance under state law; (3) Makes any false statement on the application or omits information required on the application; (4) Owns a taxicab that is engaged in business at any time when its driver does not have a valid taxicab driver's certificate; (5) Owns a taxicab that is engaged in business at any time when it does not have a proper or valid taxicab vehicle license or registration; (6) Operates or permits the operation of the taxicab while the driver is using or in possession of alcohol or controlled substances; (7) Falsifies or omits any record, document or information required to be kept or submitted to the City by this chapter, or by rule or regulation prescribed thereunder; (8) At any time fails to meet the qualifications for a taxicab business certificate under this chapter, in the discretion of the Chief; (9) Violates any of the ordinances of the City or laws of the state, the violation of which reflects unfavorably on the fitness of the certificate holder to offer public transportation; (10) Exhibits or has exhibited past behavior from which the Chief could reasonably conclude that the applicant or certificate holder does not possess the skill, care or judgment necessary to operate a taxicab business with due regard for the safety of passengers and the public at large or does not possess the trust and honesty necessary in operating a taxicab business. In making this determination, the Chief may consider the following: (i) Whether the applicant, certificate holder or any owner has been convicted of violating any law or ordinance reasonably related to the applicant's or certificate holder's fitness or ability to operate a taxicab business, such as laws or ordinances pertaining to alcohol, controlled substances, prostitution, gambling, physical violence, fraud, larceny, extortion, theft, racketeering, or any crime of moral turpitude; (ii) Any other record and/or reputation as to the applicant or certificate holder being law-abiding; (iii) The applicant's or certificate holder's business experience and the nature and kind of occupation or business in which the applicant or certificate holder has previously been engaged; (iv) The manner in which an applicant or certificate holder has previously conducted business; or (v) Any other conduct exhibited by the applicant or certificate holder which would lead the Chief to reasonably conclude that the applicant, certificate holder or any owner is dishonest or immoral, or desires such certificate to enable said person or entity to engage in a dishonest, unlawful, or immoral act, practice or enterprise. (11) Violates any of the provisions of this chapter. (c) Taxicab Driver's Certificate. Any driver of a taxicab may have his or her taxicab driver's certificate suspended or revoked or an application denied, in the sole discretion of the Chief, if the driver: (1) At any time fails to meet the qualifications for a taxicab driver under this chapter, (2) At any time has his or her state motor vehicle driver's license suspended or revoked during the time period covered by the certificate; 8 Taxicabs (3) At any time drives a taxicab without insurance coverage as required under state law; (4) At any time uses or is found to be in possession or consumption of controlled substances or alcohol while in control of or while operating any taxicab; (5) At any time drives a taxicab without a valid taxicab driver's certificate; (6) Makes any false statement in his or her application or omits information required on the application; (7) Fails, while operating or in control of a taxicab, to display identification or a decal with the information and in the manner and form required in this chapter; (8) At any time exhibits conduct which would lead the Chief to reasonably conclude that the applicant or certificate holder does not possess the skill, care or judgment necessary to operate the taxicab with due regard for the safety,health, or welfare of passengers and the public at large; (9) At any time exhibits conduct which would lead the Chief to reasonably conclude that the applicant or certificate holder does not possess the trust and honesty necessary in dealing with money and property of the public; (10) At any time exhibits conduct which would lead the Chief to reasonably conclude that the applicant or certificate holder is immoral or desires such certificate to enable him to engage in an immoral act, practice or enterprise; (11) Exhibits or has exhibited past behavior from which the Chief could reasonably conclude that the applicant or certificate holder does not possess the skill, care or judgment necessary to operate a taxicab with due regard for the safety of passengers and the public at large or does not possess the trust and honesty necessary in operating a taxicab. In making this determination, the Chief may consider the following: (i) Whether the applicant or certificate holder has been convicted of violating any law or ordinance reasonably related to the applicant's or certificate holder's fitness or ability to operate a taxicab, such as laws or ordinances pertaining to alcohol, controlled substances, prostitution, gambling, physical violence, fraud, larceny, extortion, theft, racketeering, or any crime of moral turpitude; (ii) Any other record and/or reputation as to the applicant or certificate holder being law-abiding; or (iii) Any other conduct exhibited by the applicant or certificate holder which would lead the Chief to reasonably conclude that the applicant or certificate holder is dishonest or immoral, or desires such certificate to enable said person or entity to engage in a dishonest, unlawful, or immoral act, practice or enterprise; or (12) Violates any of the provisions of this chapter. 5.12.180 ADDITIONAL ENFORCEMENT. In lieu of or in addition to any enforcement of the provisions of this chapter, the City Attorney or designee shall, at his or her discretion, have authority to file an action in a court of competent jurisdiction to seek enforcement of this chapter, including, but not limited to, the cure or abatement of any violation and the assessment and collection of penalties, fees and costs. 5.12.190 APPEALS. (a) Any applicant or certificate holder may, within fourteen (14) calendar days from the date that the denial, suspension or revocation notice was mailed to the applicant or certificate holder, appeal from such denial, suspension or revocation by filing a written notice of appeal 9 Taxicabs setting forth the grounds therefore with the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. A filing fee as set forth in chapter 3.01 BMC shall be submitted with the appeal, which filing fee is required to process the appeal. The hearing shall be conducted in accordance with the procedures for hearing contested cases set out in Chapter 2.13 BMC. After the hearing thereon the Administrative Hearing Examiner shall, after appropriate findings of fact, and conclusions of law, affirm, modify, or overrule the denial, suspension or revocation and order issuance or reinstatement of the certificate, and may impose any terms thereupon. (b) No renewal, suspension or revocation of a certificate issued pursuant to the provisions of this chapter shall take effect until fourteen (14) calendar days after service of the notice thereof by the Chief, and if the appeal is timely filed, the renewal or revocation shall be stayed pending final action by the Administrative Hearing Examiner. All certificates which are revoked shall be surrendered to the City on the effective date of such revocation. (c) The decision of the Administrative Hearing Examiner shall be final. The applicant or certificate holder and/or the City may seek review of the decision by the Superior Court of Washington in and for Kitsap County within twenty-one (21) calendar days from the date of the decision. If review is sought as herein prescribed the renewal or revocation shall be stayed pending final action by the Superior Court. (d) When revoked, the certificate shall be canceled and immediately surrendered to the Chief. Upon revocation of any certificate as provided in this chapter no portion of the certificate fee shall be refunded to the certificate holder. (e) Upon denial or revocation, the person whose application was denied or certificate suspended or revoked shall not be granted a similar certificate, upon any new application that may be made, for a period of ninety (90) calendar days from date of denial or revocation and further, no similar certificate shall be issued until such person cures any defaults that resulted in the denial or revocation. 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 12014 GREG WHEELER, Council President Approved this day of 92014 PATTY LENT, Mayor 10 Taxicabs ATTEST: APPROVED AS TO FORM: SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of , 2014 EFFECTIVE the day of , 2014 ORDINANCE NO. R:\Legal\L.egal\Files\Current Active Files\Taxicabs\Taxicabs Chapter 5.12 BMC-Final.docx 11 Taxicabs o o t, PUBLIC SAFETY & PARKS COMMITTEE Special M Thursday, June 2 6, 2 0 14 4: 00 to 6 : 00 PM Please join us in a discussion on "Proposed Taxi Regulations"p Please bring your questions, comments, and concerns Meeting will be held in the: First Floor Meeting Chambers i Norm Dicks Government Center 345 6th Street, Bremerton Hosted by Council Members serving on the PSP Committee i li Leslie Daugs, Chair; Dino Davis, Vice-Chair; and Mike Sullivan For more Information, please call (360) 473-5280 ^ | / � / | � ' � | ' . � ( ' | / | | ` | | ! � / � . � / CHAPTER 5 . 12 B / � � ...._......_---_'_' ..... ................................... .....'................................................... ' .............................._........... ....................__ ................................. ' � i | } ' ( \ | Chief of Police * Issues taxicab business certificates and taxicab driver's certificates Can deny, suspend, and revoke certificates * Looks at owner/driver criminal acts, driving records, history of business dealings * Can require taxi inspection by certified mechanic at taxicab owner's expense I Taxicab Business Owner Requirements * State For-Hire Certificates * City General Business License ($75/year) * Taxicab business certificate * Insurance ($425,000) * Ensure that drivers and vehicles are certificated and insured * Make business accessible during hours of operation * Notify Chief within 3 days of driver conviction/diversion, driver license suspension or revocation, change in vehicle or registration, or accident involving taxi reported to the state Taxicab Driver Requirements * Taxicab driver's certificate * Submit photos and fingerprints for certificate * Have a state driver's license, be 18 years old, & speak/read/write English i i Taxicabs * Owners responsible for maintenance in safe condition insurance & taximeter unless Chief wa Ives * Owner name displayed on each taxi, in uniform lettering, 2"+, both sides of taxi * Decal on each taxi Penalties Denial, suspension, revocation of certificates Civil infractions ($ 125), misdemeanors, gross misdemeanors ........... Appeal * Denial, suspension and revocation appealable to Administrative Hearing Examiner within 14 days — 3.01 BMC Court * City can file court action against owners who refuse to follow ordinance * Misdemeanors and gross misdemeanors will be filed in Municipal Court AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee■ SUBJECT: Resolution No. 3228 amending Study Session Date: July 23, 2014 Rate Table A (Financial Services) and Rate COUNCIL MEETING Date: August 6, 2014 Table D (Police Department) for Services Department: City Attorney's Office relating to Animal Control and Taxicabs Presenter: Amanda Harvey Phone: 473-2345 SUMMARY: Proposed Resolution amends and reestablishes rates and fees for services related to animal control and establishes rates and fees related to taxicabs ATTACHMENTS: 1) Resolution No. 3228; and 2) Exhibit A— Rate Tables A and D FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑ No Presentation 0 Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda © General Business ❑ Public Hearing RECOMMENDED MOTION: Move to pass Resolution No. 3228 amending Rate Table A (Financial Services) and Rate Table D (Police Department) for services relating to Animal Control and Taxicabs. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 RESOLUTION NO. 3228 A RESOLUTION of the City Council of the City of Bremerton, Washington, amending and reestablishing rates and fees for services relating to animal control and taxicabs. WHEREAS,the City Council desires to relocate and reestablish rates and fees relating to animal control from Police Department—Rate Table D to Financial Services—Rate Table A; and WHEREAS, the City Council also desires to establish new fees in Financial Services—Rate Table A relating to the regulation of taxicabs; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION]. Rate Tables amended. Rates and fees for services relating to Financial Services - Rate Table A and Police Department- Rate Table D as established by Resolution No. 3209 are hereby amended and reestablished herein by this Resolution as set forth in Exhibit A, attached hereto and incorporated herein by reference.. SECTION 2. Effective Date of Rates and Fees established in Section 1. The rates and fees for animal control set forth in Rate Table A as established in Section 1 above shall be effective on the effective date of Ordinance No. 5253 relating to the impoundment of animals. The rates and fees for taxicabs set forth in Rate Table D as established in Section 1 above shall be effective on the effective date of Ordinance No. 5254 relating to taxicabs. 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 , 2014. GREG WHEELER, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk R:\Legal\Legal\Resolutions\Finance\2014 Rates and Fee Tables\Rate Table A&D Amendment(Animals&Taxi).doc 1 2014 Animal Control& Taxicabs EXHIBIT A FINANCIAL SERVICES — RATE TABLE A All Rates Listed are "Not To Exceed" Fees A. FINANCIAL SERVICES 1. REGULATORY LICENSE FEES RATE BMC 5.17 Charitable Solicitation Non-Profit $25/60 days Professional Fundraiser $675/60 days BMC 5.22 Dance/Public $265/yr or$70/30 days BMC 5.96 Erotic Dance Studios $700/yr Dancers $100/yr BMC 5.16 Mobile Food Vendor $150/veh/yr BMC 5.16 Peddlers $75/yr or$25/30days BMC 5.36 Special Events $100.00/event BMC 5.08 Street/Sidewalk Vendors $250/yr BMC 5.16 Temporary Merchant $400/30 days 2. BUSINESS LICENSE FEE RATE BMC 5.02 $75/yr 3. PARKING On-Street Locations Not to Exceed $20/3 hrs $30/10 hrs Off-Street Location Not to Exceed $20/3 hrs $30/10 hrs Parking Garage Not to Exceed $160/mo Resolution No. 3228 EXHIBIT A FINANCIAL SERVICES — RATE TABLE A All Rates Listed are "Not To Exceed" Fees 4. UTILITY/LIEN SEARCH FEES RATE Per Parcel $30/search per parcel 5. DOCUMENT REPRODUCTION FEES (Including scanning to Electronic Format) Per Page - 8'/z x 11, 8'/z x 14 and 11 x 17 paper size (No fee for $0.15/pg first 50 pages) Video Reproduction Actual Costs including personnel time CD/DVD $2.00 Certification $5.00 Oversized Plans, Aerial Photos, Drawings, and Maps (Black and $8/pg White) Color GIS Plotted Maps $5/sq. ft. Other Documents: Medical Records Fees shall be pursuant to RCW 70.02.010(12) Budget (Hard Copy) $50 (Electronic Version) $10 Annual Report (Hard Copy) $25 (Electronic Version) $10 In addition to the above fees,each department may establish fees for records that do not fall into one of the above categories. Each department and the City Clerk shall have the department's fee schedule available for inspection upon request. 6. CHECK HANDLING FEE $40 7. ANIMAL CONTROL FEES Licenses for Dors and Cats For Each Cat. Spayed or Neutered $7.50 (Upon Proof of Spaying or Neutering) For Each Dog payed or Neutered $12.50 2.50 (Upon Proof of Spaying or Neutering-) For Each Cat Not Spayed or Neutered $37.50 For Each Dog Not Spayed or Neutered $37.50 Resolution No. 3228 EXHIBIT A FINANCIAL SERVICES— RATE TABLE A All Rates Listed are "Not To Exceed" Fees Senior Permanent Dog/Cat $12.50 License for Chickens For up to five (5) chickens $12.50 Senior permanent for up to five (5) chickens $12.50 Impound and Redemption Fees - Domestic Animals Impound '45 Vaccination 45 Boarding (per dav) 20 Medical care Case dependent Microchip $30 Impound and Redemption Fees - Livestock Impound $60 Boarding(per day) '40 Medical care Case dependent Special Transportation fee $120 Resolution No. 3228 EXHIBIT A POLICE DEPARTMENT—RATE TABLE D All Rates Listed Are "Not To Exceed" Fees D. POLICE DEPARTMENT RATE 1. TRAFFIC ACCIDENT REPORTS $10.00 2. FINGERPRINTS— 0 Card $10.00 Each Additional Card $10.00 3. CRIMINAL HISTORY CHECK $10.00 4. PHOTO PRINTS Actual Cost of (Per Set When in Possession of the Dept.) Processing C LICENSES FOR DOGS .AND CATS Fef Eaeh. Cat Spayed or Neu b 1 2.50 (Upon Proof of Spaying of:NeEtter-r—rr-E-1 FeF Eaeh Cat Not Spayed or Neuter-ed $37.50 Fat- Eaek Doe Not. Spayed1$ .50 Seniei- Pef:manem Deg/Gat $i2.50 6. LICENSE FOR CHICKENS Fef up to five (5) ehiekens Q1 .50 Sen* it fet:up to five (5) ehielE $12.50 75. ALARM COMPLIANCE FEE 1st False Alarm in any 1 Quarter $60.00 2nd False Alarm in the same Quarter $80.00 3rd False Alarm in the same Quarter $160.00 or Subsequent Alarms in a Calendar Quarter 86. SERVICE FEE FOR ANTI-HARASSMENT ORDER $50.00 97. SERVICE OF ARREST WARRANTS AND SUBPOENAS Arrest Warrant $15.00 plus mileage Subpoena $6.00 plus mileage Preparation of return of service $5.00 Mileage (for each mile actually and necessarily traveled by a current business member of the Police Department in going to or returning from mileage rate any place of service, or attempted service) allowed by the Internal Revenue Service Resolution No. 3228 EXHIBIT A POLICE DEPARTMENT—RATE TABLE D All Rates Listed Are "Not To Exceed" Fees RATE 8. TAXICABS Taxicab Business Certificate $30.00/yr Taxicab Driver's Ceilificate $30.00/yr Vehicle Decal $10.00/veh/yr Resolution No. 3228