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Home My WebLink About08/19/2015 AGENDA '�� .. �d , �i�Qrl �'� ! - f�� . �I� ; CITY COUNCIL 345 6�h Street, Suite 600, Bremerton, WA 98337 u Phone (360)473-5280 ***A M E N D E D'"'�"` AUGUST 19, 2015 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. POLICE OATH OF OFFICE CEREMONY—Municipal Court Judge James Docter A. Swearing-In Ceremony for Officer Joshua Stottlemyer 4. POLICE DEPARTMENT MONTHLY BRIEFING —Police Chief Steven Strachan 5. MAYOR'S REPORT 6. PUBLIC RECOGNITION 7. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting —August 5, 2015 C. Minutes of Study Session —August 12, 2015 D. Salary Increase for the Municipal Court Judge for 2015 and 2016 E. Memorandum of Agreement By and Between North Kitsap Fire & Rescue (as the Lead Agency), City of Bremerton Fire Department, Central Kitsap Fire 8� Rescue, Poulsbo Fire Department,and Bainbridge Island Fire Department for an Assistance to Firefighters Grant F. Purchase of a Cascade Mixed Flow Pump from Triangle Pump & Equipment, Inc. forthe Biofilter Process at the Wastewater Treatment Plant G. Public Works Agreement with Fields Roof Service, Inc. for Roof Replacement of City-Owned Building at 1720 Warren Avenue H. Public Works Agreement with Sabelhaus West, Inc. for Exterior Painting of the Naval Museum I. Local Agency Professional Services Lump Sum Consultant Agreement with Skillings Connolly, Inc. for Bremerton Crosswalk Improvements 8. GENERAL BUSINESS A. Contract with King County Directors Association (KCDA) Purchasing Cooperative tofacilitate Pendergast Field #2 Sports Field Drainage Improvements with Greenshield Systems, LLC • D�icn��o '+nrl �A/L+o��n�A/��i� Item Pulled... C. Ordinance No. 5282 to amend Chapter 15.06 of the Bremerton Municipal Code (BMC) and Ordinance No. 5265 relating to Assessments, Rates, Fees, and Charges for Water, Wastewater, and Stormwater Services Continued on back... 9. PUBLIC HEARING , A. Public Hearing to adopt Resolution No. 3250 Designating a Blight Zone Downtown 10. COUNCIL MEMBER REPORTS 11. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING �Americans wifh Disabilities Act(ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at(360) 473-5323 by noon on the day preceding the Meeting. OA'T'H OF OFFICE STATE OF WASHINGTON CO�JNTY OF KITSAP � I, Joshua Stottlemver solemnly swear that I am a Citizen of the United States and of the State of Washington; That I will support the Constitution of the United States and the Constitution - and Laws of the State of Washington; That I will abide by the Code of Ethics and Conduct as set forth in the Police Policy Manual; And will, to the best of my judgment, skill and ability, truly, faithfully, diligently and impartially perform the duties of the position of Police Officer, in and for the City of Bremerton, Kitsap County, Washington, as such duties are prescribed by law. �� Joshua Stottlemyer Subscribed and sworn to before me this 19� day of Au�ust, 2015. /;�- �/, / �" _. �,/ �: Signatur of Official Administerin the Oath Jud�.e James Docter B{ea�aierton Municipal Court . �,,A '�f��.r fr'•f � `r�:. . ; f,ifll/� /`f � � + i- i� � r�J,� �� ' � � ' r ;'' ''r-rj; �� '",vr,f ,dr + � �;�� :��f �� x � d' i i - �'� J r:vr.�� _ar � � _ 1 � !� � � f'' 'r' ti r� t ,rr,�"'<�,"f' - �'� �"` `={,� _ ' � � - -. �► � ,; f_:� :� ;.� :%��Ji.r':. �I r J - ��', � v��\�1�� — '�., � �� "� �� `��F, '� ':,:�� 1'� � = � • ' � � r !:�. - � �;•, ;� r�; , t"�. -- .^` {,. 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JY � 100 Washington A�e, Bremerton �� Doors open at 5:3�pm _�� ; ---� Dinner at 7:OOpm $55/indi�idual $400/table of eight Visit www.kitsaphabitat.org for tickets! Call 360-479-3853 for more info! \ 1 i � � �� l � �I i i � �� 1 � � ,� _ � ,� i � � i � � � .....,��„ „ .. _�,;� , . .� . � -�� . �� . '�``_'' s�_��+� �� `�� when: �`, � � � '�'"'_`� 4t�'1 SqtUrC�q i- ,.�� . . � y � - � + � �."�►: , �'�, ►�� '.' .- _,��"� of every month '��_-; . �-: i-.. - 9- 1 1 am } � '��. `� i �� , ' _ � �� .. ' �� _ .�� Rain or Shine � �- - � � _ ' � � - .�.� � � -� �- � ..= � . ' '. � E: -�.r� � ;� � . �, _ � � �,�� f', _ � � � � ,� � a� �+�� where: � , . ��r. ; � � �=,�, �''�',��-� �� Kiwanis Park ��. ,•, ��y. �.�. _ �v , .� �� '� `" ��'. ` .� � 1701 5th St. a � �f . ' a, . � , �'� " P, :\-, �,��, , °:�'0 - % � _ • � '�"�" ' , � ` �� Bremerton � _ _,.,,_ `� '_: � --�.:� � � -� • � =k _�_ �� - � � � - � � � - - - � - � � � Upcoming Event Dates: - - • • - • • ' • • • - Ja n. 24th - - • • • • - • • � - • - • • • Feb. 28th � � � � � � � � � � � � March 28th • • • • - • • • • - • • • - • • April 25th � � � � � � � May 23rd - . . . . . . . . - . - . . . - - - . � � � � � _ June 27th July 25th �_ August 22nd _. . .-� ~ Sept. 26th �. _ -- �;: �� Oct. 24th . �J_ t � r . • - _ ��r -.vf� . , F 7___...�_. �� ' _ . � '�� ,'�-�'! � �- � � �.,': � � ��+'.K,� � ' � � � For more information �"� . d , y .: r `� � :, please call 473-5305. � � - � �� _ _, ' � � r _ � � ,, " ��W A A.�� ' � _;, . � . . .- . ��.e �7l�� 1 C�� A�NA,AT`° __anl��Ni<<�1 � r--�.--�_.._._w—..-f a i � f p j ) l � f 3. 4 " , , • ` r ` .; ' 1►. , �..._�....._._.�._..__..._..._J C� Are you a District 1 Resident? Q Are you interested in serving your community? C�J Applications are being accepted until Noon on Auqust 28 to fill the vacant District 1 seat Applications are available on the City of Bremerton website at http://v�rww.BremertonWA.qov/ For any additional information, you may contact the City Council Office at (360) 473-5280 or City.Council(a�ci.bremerton.wa.us BREMERTON CITY COUNCIL MEETING SPEAKERS LIST "Now that the Election Season is here,please be aware that per the Bremerton Citv Council Rules d� Procedures, discussion of ballot issues is prohibited after the issue has qualified for the ballot; and all announcements or advertising concerning candidates is also prohibited..." PLEASE PRINT YOUR NAME BELOW IF YOU WISIT YOUR COMMENTS TO BE INCLUDED IN THE RECORD �6 N,� /�i3 Ns� .J .�� ► � REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Claims 8 Check Register Study Session Date: COUNCIL MEETING Date: August 19, 2015 Department: Financial Services Presenter: Shannon Corin Phone: 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1) Check#'s 364720 through 364923 and EFT's 15193 through 15231 in the amount of $2,171.439.29. 2) Regular Payroll for the pay period ending July 31, 2015 in the amount of$738,751.87. 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 the consent agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting - Study Session Date: N/A August 5, 2015 COUNCIL MEETING Date: August 19, 2015 Department: City Council Presenter: Council President Phone: �360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting on August 5, 2015. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x 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 01/07/15 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, August 5, 2015 The weekly meeting of the Bremerton City Council was called to order Wednesday, August 5, 2015, at 5:00 PM ICl COUf1Cll COflf@t'@nC@ ROOCYI 603 Of th@ NORM DICKS GOVERNMENT CENTER, 345 6tn Street, Bremerton, Washington, with Council President Greg Wheeler presiding. Council Members present were Roy Runyon, Dino Davis, Jerry McDonald, and Leslie Daugs. Council Members Mike Sullivan and Eric Younger were absent. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin; Legislative Assistant Lori Smith; and Information Services Manager Kevin Matthew. A CouNci�BRiEFitvG 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. President Grea Wheeler established that the Council Members were wearing bow ties tonight in honor of their friend and City Council Vice President Mike Sullivan. The Pledge of Allegiance was then led by Council Member Leslie Dauas followed by the invocation provided by Pastor Eric Roberts of Discovery Fellowship. A prayer was also said for Mike Sullivan. MAYOR'S REPORT —Mayor Patty Lent... • Brought forward Robert (Bob1 Batten from the Bremerton Central Lions Club to introduce the three foreign exchange students who were here for four-weeks from Sister City Kure, Japan; • Proclaimed the Week of August 2—8, 2015 as "Farmers Markef Week"; and provided the proclamation to Julia Zander, Bremerton Farmers Market Manager; • Introduced Jeff Allen, Board of Directors President for the Kitsap Community Food Co Op; � Announced that only limited tickets remain for this Saturday's Kitsap Wine Festival; • Welcomed homeless (or at risk) veterans to join the Veterans Housing Options Discussion Group which meets every Monday at 1:00 PM at the Kitsap Community Resources Office; � Encouraged the public to attend a Joint Land Use Study (JLUS) Open House and Community Workshop on Tuesday, August 11 from 4:30 to 6:00 PM in the Meeting Chambers; and • Looked forward to the week-long Astronomer Lecture Series to be hosted by Olympic College from August 16 to 20 at Bremerton SEEfilm Bremerton Cinema, and is free to the public. PUBLIC RECOGNITION o Mike Walton, Community Relations Director with the Bremerton Family YMCA, reported on the monthly activities at the "Y". John M. Tavlor, representing the Kitsap Alliance of Property Owners, presented a letter requesting a written statement from the City on what the plans are for expanding the boundaries of Bremerton. Gavle Gillespie asked if there were any plans from the Parks Department to add playground equipment for small children at Lions Park; hopes to see the "High Five" feature back in the newspaper to highlight local criminals. Also, regarding the Kitsap Wine Festival, he was disappointed that as part owner of the local Hoodsport Winery, it was not included in the festival, especially when it is one of the closest wineries to Bremerton. CONSENT AGENDA 5A— Claims & Check Register: Check Numbers 364423 through 364719, and EFT 15140 through EFT 15192 in the amount of $2,187,678.43; Regular Payroll (Pay Outs) for the pay period ending June 30, 2015 in the amount of $22,488.56; Regular Payroll for the pay period ending July 15, 2015 in the amount of $723,264.89; Regular Payroll (Pay Out) for the pay period ending July 15, 2015 in the amount of $648.19; and Retiree Payroll for the pay period ending July 31, 2015 in the amount of $51,875.12. City Council Reg. Mtg. Minutes Wednesday, August 5, 2015 Page 2 of 3 5B— Minutes of Meeting —July 15, 2015 5C— Minutes of Study Session —July 22, 2015 5D— Change Order No. 2 with Lakeside lndustries for the Pavement Preservation Project 5E— Appointments to the Committee to Write Statements "For" (Cary Bozeman, Scott Bosch, and Ken Bagwel� and "AgainsY' (No Volunteers came forwarc� Proposition No. 1 — Public Safety Bond for the Local Voters' Pamphlet Fire Chief AI Duke explained that if no volunteers come forward to write a statement against Proposition No. 1, the City would submit a letter explaining this to the Kitsap County Elections Department. The County would then attempt to find volunteers, and if none still came forward, then there would be no statement in the Local Voter's Pamphlet. 06:03:35 M/S/C/U (McDonald/Davis) Move to approve the CoNSENr AGEN�A as presented. GENERAL BUSINESS 6A—ACCEPTANCE OF THE LODGING TAX ADVISORY COMMITTEE RECOMMENDATIONS FOR THE 2016 ALLOCATIONS: Dino Davis, LTAC Chair, explained that the Lodging Tax Advisory Committee (LTAC) received seven (7) total requests for funding for Fiscal Year 2016. Committee members reached consensus and are recommending funding to all of the applicants. The City anticipates approximately $130,000 in revenue to be available for distribution to the approved recipients. Also, the City allocates $155,000 for the Kitsap Conference Center and $150,000 to the Admiral Theatre Foundation. The following citizens were present to provide comment and thank the City for their support: Caroline M. Stein, Washington State Science & Engineering Fair;Anita Williams, Bremerton Symphony Association;and Dean S. Tinqev, Executive Director with the Kitsap County Historical Society& Museum... 06:15:00 Motion was made by Daugs, and seconded by Runyon... Commenis were made by Daugs and Runyon... McDonald explained that as the Marketing Director for the USS Turner Joy(one of the proposed recipients for funding) that he would abstain from the vote... 06:17:00 M/S/C/U (Daugs/Runyon) Move to accept the Lodging Tax Advisory Committee's recommendations as presented and to include the allocations in the City of Bremerton's Fiscal Year 2016 Proposed Budget. Motion in Favor of Motion: Davis, Runyon, Daugs, Wheeler Abstained: McDonald Motion carried: 4-Yes; 1-Abstention COUNCIL MEMBER REPORTS Leslie Dauqs encouraged the community to participate in the Farmers Market as well as the Back to School Fair & Fun Run on Wednesday, August 26 from 5:00 to 8:00 PM at Mountain View Middle School. And lastly, offered thoughts and prayers to Council Member Mike Sullivan and his family. Jerrv McDonald announced several upcoming events including the "Basement Band" playing at the next Music in Manetfe on Thursday at 6:30 PM at the Whitey Domstad Vista Park; the Kitsap Wine Festival on Saturday at Fountain Park, followed by Rock the Dock Summer Concert beginning at 5:00 PM on the Boardwalk; the Bremerton GreenDrinks Social on Tuesday, August 18 from 5:00 to 8:00 PM onboard the USS Turner Joy; and a week of free "Astronomy Talks" with a series of Guest Lectures sponsored by Olympic College would be held nightly from August 16 to 20 from 7:00 to 8:30 PM at SEEfilm Bremerton Cinema. City Council Reg. Mtg. Minutes Wednesday, August 5, 2015 Page 3 of 3 Dino Davis looked forward to participating in the 2-day Eastern Washington Study Mission in Spokane and Pullman that was being sponsored by the Puget Sound Regional Council (PSRC). Rov Runvon in response to a question asked by Mr. John Taylor during Public Recognition about the City's plans for expanding the boundaries of Bremerton, he referred a presentation that was provided to the Council Members at the last Study Session on July 22 and can now be found on the City's website titled "Fiscal Impacts of West Bremerton UGA and Gorst UGA Annexations". Greq Wheeler also wished Mike Sullivan and his family well during this difficult time, and encouraged everyone to keep them in their thoughts and prayers. On behalf of Council Member Sullivan, he announced the next Lions Park Monthly Work Party will be Saturday, August 8 from 10:00 AM to Noon and volunteers are always welcome; he also encouraged attendance at the next District 4 Neighborhood Meeting that he would host on Tuesday, August 11 from 5:30 to 7:30 PM in the basement of the Community of Christ at Memorial Lutheran Church located at the corner of 10'h & Veneta where Dr. David Mitchell, Olympic College President, and Bruce Riveland, Vice-President of Administrative Services will be provide an update on the upcoming construction of the Olympic College Instruction Center. President Wheeler announced that the Council would convene for a 20-Minute Executive Session to discuss "Potential Litigation" under RCW 42.30.110 (1)(i) and that no action was anticipated; and following a brief recess, there would be a Meeting of the Transportation Benefit District (TBD) Board. With no further business, President Wheeler adjourned the Council Meeting at 7:00 PM. Prepared and Submitted by: < r L RI SMITH Legislative Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:Is:cg AGENDA BILL � CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session - Study Session Date: N/A August 12, 2015 COUNCIL MEETING Date: August 19, 2015 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Study Session on August 12, 2015. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSIOIV AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: � Consent Agenda ❑ General Business ❑ Public Hearing RECOIVIMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, August 12, 2015 A Study Session of the.City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DicKs GOVERNMENT CENTER, 345 6`h Street, Bremerton, Washington, Wednesday, August 12, 2015, at 5:00 PM, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, and Leslie Daugs. The Council District 1 seat is currently vacant. Lori Smith, Legislative Assistant, was present to provide staff support. President Wheeler emphasized that the Study Session was open to the public but there would be no opportunities for input or participation; and announced that approved items by Council will be placed on the August 19, 2015 Council Meeting Agenda; or as indicated. A. NO PRESENTATION PLANNED — The following items are budgeted items or subjects that have been raised with fhe appropriate Council Committee Members... 1. Salary Increase for the Municipal Court Judge for 2015 and 2016 Consent Agenda 2. Memorandum of Agreement By and Between North Kitsap Fire & Rescue (as the Lead Agency), City of Bremerton Fire Department, Central Kitsap Fire & Rescue, Poulsbo Fire Department, and Bainbridge Island Fire Department regarding an Assistance to Firefighters Grant (AFG) Consent Agenda 3. Purchase of a Cascade Mixed Flow Pump from Triangle Pump & Equipment, Inc. for the Biofilter Process at the Wastewater Treatment Plant Consent Agenda 4. Public Works Agreement for Roof Replacement of City-Owned Building at 1720 Warren Avenue Consent Agenda 5. Public Works Agreement for Exterior Painting of the Naval Museum Consent Agenda 6. Local Agency Professional Services Lump Sum Consultant Agreement with Skillings Connolly, Inc. for Bremerton Crosswalk Improvements Consent Agenda 7. Contract with King County Directors Association (KCDA) Purchasing Cooperative to facilitate Pendergast Field #2 Sports Field Drainage Improvements with Greenshield Systems, LLC General Business 0 B. BRIEFINGS AND FULL PRESENTATIONS 8. Local Agency Participating Agreement with WSDOT for ADA Ramps on SR303 (Warren Avenue and Wheaton Way) General Business 9. Proposed Public Hearing to adopt a Resolution Designating a Blight Zone Downto��n Public Hearing 10. Ordinance to amend Chapter 15.06 of the Bremerton Municipal Code (BMC) and Ordinance No. 5265 relating to Assessments, Rates, Fees, and Charges for Water, Wastewater, and Stormwater Services General Business C. GENERAL COUNCIL BUSINESS o Finance & Investment Committee Briefing (7/28/15 Meeting) — Eric Younger, Chair o Public Works Committee Briefing (8/4/15 Meeting) — Dino Davis, Chair o Public Safety & Parks Committee Briefing (8/12/15 Meeting) — Leslie Daugs, Chair o Other General Council Business was discussed. City Council Study Session Minutes Wednesday, August 12, 2015 Page 2 of 2 With no further business, President Wheeler adjourned the Council Study Session at 8:20 PM. Prep red and Submitted by: < � LORI SMITH Legislative Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:Is:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Amendment of the Judge's Study Session Date: August 12, 2015 Salary COUNCIL MEETING Date: August 19, 2015 Department: Municipal Court Presenter: Dawn Nelson Phone: 473-5242 SUMMARY: Pursuant to BMC 2.62.035(a), the Municipal Court Judge's salary is set by City Council action. The City is authorized to receive Trial Court Improvement grant money if the Judge's salary is set at 95% of the District Court Judge's Salary, effective September 1 of each year. That salary is set, by law, by the Washington Citizen's Commission on Salaries for Elected Officials. We are requesting to adjust the salary for the Judge to be effective September 1, 2015 to bring us into compliance with the grant conditions and allow us to continue to receive grant funding. Current salary$141,437.04, Proposed new salary$147,094.20 (this amounts include deferred compensation. ATTACHMENTS: Letter from the Administrative Office of the Courts regarding Salary Increase for Judges for 2015 and 2016. FISCAL IMPACTS (Include Budgeted Amount): For the 2015 budget cycle, the increase is $471.44 per month (total $1,885.76). This amount can be absorbed in our existing budget due to a vacant position that has not been filled. We will include funds in our 2016 budget, but will seek necessary council approval to officially amend the salary in August of 2016. STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to set the annual compensation of the Municipal Court Judge at $147,094.20 (including deferred compensation) effective September 1, 2015. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 � WASHINGTON ��L1 le�S , CallieT,Dietz State Court Administrator June 2, 2015 TO: District Court Judges District Court Adminis t rs -N�� FROM: Ramsey Radwan Managsment Senrices Division RE: SALARIES TO INCREASE FOR JUDGES OF THE DISTRICT COURT As you know, state law requires the Washington Citizens' Commission on Salaries for Elected Officials to establish salary schedules for elected officials in the Executive, Legislative, and Judicial Branches of state government. Th"e Commission published the salary schedules for the two-year period (September 1,�2015 - August 31, 2016) following their meeting in 2015. An increase for judges of the appellate, superior and district courts was granted in September 2015, and an additional increase will be implemented on September 1, 2016. The.annual salary for full-time.judges of the district court will be as follows: Effective from September 1� 2015 until August 31, 2016: �154,836 Effective from September 1, 2016, until updated: $157,933 The salary for a part-time district court judge shall be the proportion of full-time work for which the position is authorized multiplied by the salary for a full-time district court judge. If you have questions about the information provided here, please do not hesitate to contact me at ramsev.radwanC�courts.wa.qov or {3fi0) 357-2406. S7AT[Of WASHINGTON 1'LU6 Quincc Strcet SE• P.O.[3cuc 4117f1• Olympia,WA 9850�}-1170 36U•753•33G5 • 360-95fi-5700 Fax•www.cuurts.wa.kov AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Memorandum of Agreement By Study Session Date: 8/12/15 and Between North Kitsap Fire & Rescue COUNCIL MEETING Date: 8/19/15 and the Undersigned Parties Regarding Department: Fire Assistance to Firefighters Grant Presenter: Chief AI Duke Phone: 473-5380 SUMMARY: The attached Memorandum of Agreement is between the City of Bremerton Fire Department, North Kitsap Fire & Rescue, Central Kitsap Fire & Rescue, Poulsbo Fire Department, and Bainbridge Island Fire Department whom are applying for a regional Assistance to Firefighter Grant (AFG). The agreement allows North Kitsap Fire & Rescue to be the lead agency and outlines their responsibilities for the grant process. This is a requirement prior to applying for the grant. ATTACHMENTS: Memorandum of Agreement FISCAL IMPACTS (Include Budgeted Amount): None at this time. STUDY SESSION AGENDA: Ox No Presentation ❑ Full Presentation STUDY SESSION ACTION: � Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: , Move to approve the Memorandum of Agreement between the City of Bremerton Fire Department, North Kitsap Fire & Rescue, Central Kitsap Fire & Rescue, Poulsbo Fire Department, and Bainbridge Island Fire Department 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 01/07/15 MEMORANDUM OF AGREEMENT BY AND BETWEEN NORTH KITSAP FIRE & RESCUE AND THE UNDERSIGNED PARTIES REGARDING ASSISTANCE TO FIREFIGHTERS GRANT I. PARTIES This agreement ("Agreement") provides for participation by the parties, listed here, City of Bremerton Fire Department,North Kitsap Fire & Rescue, Central Kitsap Fire& Rescue, Poulsbo Fire Department, and Bainbridge Island Fire Department; and whose signatures appear below on the attached signature pages ("Parties"). II. BACKGROLIND The US Department of Homeland Security(DHS) has announced its FY 2015 Assistance to Firefighters Grants(AFG). The primary goal of the Assistance to Firefighters Grant is to meet the firefighting and emergency response needs of fire departments and nonaffiliated emergency medical service organizations. Since 2001, AFG has helped firefighters and other first responders to obtain critically needed equipment,protective gear, emergency vehicles,training and other resources needed to protect the public and emergency personnel from fire and related hazards. North Kitsap Fire&Rescue has agreed to be the host agency for the regional grant application for Self-Contained Breathing Apparatus (SCBA). III. TERMS OF THE AGREEMENT The parties agree to the following in order to secure a regional grant for Self-Contained Breathing Apparatus (SCBA). Grant Application Process 1. North Kitsap Fire&Rescue will provide a staff inember to inventory all vehicles and SCBAs in the region and will identify eligible partners according to the AFG definitions. 2. Of those agencies identified as eligible and willing,North Kitsap Fire&Rescue will collect all other grant related statistical information for those agencies that are parties to this MOU. That information will be combined for the final grant application. 3. North Kitsap Fire&Rescue will receive all of the information and collate it for entry into the electronic grant. North Kitsap Fire&Rescue will also provide administrative assistance in preparing the grant. 4. All other agencies that are parties to this MOU will provide the year, make and model of their current SCBA to North Kitsap Fire&Rescue, as set out above; each agency shall also supply details on how many such units meet the "older than 3 NFPA cycles" criteria. MOU Re:Assistance to Firefighters Grant Page 1 of 7 5. North Kitsap Fire&Rescue has retained the services of a professional grant writer and the grant writer will interview involved agencies and key players and write narrative statements for maximum impact and scoring. 6. North Kitsap Fire& Rescue will interface with administrative and legislative contacts to inform and bolster the application's position. 7. North Kitsap Fire&Rescue will continue to manage the process, generally coordinate, and act as liaison to FEMA grants team for technical and conceptual assistance with the application. Use of Grant Funds ln the event that the Parties' grant application results in an award, the grant proceeds will be used in the following manner: 1. North Kitsap Fire&Rescue will serve as the host agency for purposes of administering the grant. 2. The grant funds will be used to purchase the number of SCBA that are to be replaced as requested in the application. 3. Each agency that is a party to this MOU agree to provide the 10%cost share of the new SCBA requested by that agency. 4. Each Party agrees to maintain during the term of the grant the applicant's aggregate expenditures relating to activities allowable under the 2015 FY AFG at not less than 80 percent of the average amount of such expenditures in the two fiscal years preceding the fiscal year in which the grant award is received. 5. Management and administrative expenses shall be based only on actual expenses or known contractual costs. MOU Re:Ass�stancc to Firefighters Grant Page 2 of 7 City of Bremerton: ' by: Date of Signing: PATTY LENT, Mayor ATTESTED TO: by: SHANNON CORIN, City Clerk APPROVED AS TO FORM: By: ROGER LUBOVICH, City Attorney MOU Re:Assistance to Firefighters Grant Page 3 of 7 BAINBRIDGE ISLAND FIRE DEPARTMENT by: Date of Signing: DAN MORitOW Board Chair by: Date of Signing: TERI DETTMER Commissioner by: Date of Signing: SCOTT ISENMAN Commissioner by: Date of Signing: CHO YONGSUK Commissioner by: Date of Signing: EILEEN MCSHERRY Commissioner Attest: by: District Secretary MOU Re:Assistance to Firefighters Grant Page 4 of 7 CENTRAL KITSAP FIRE & RESCUE by: Date of Signing: DAVEFERGUS Board Chair by: Date of Signing: KEN ERICKSON Commissioner by: Date of Signing: RALPH ROGERS Commissioner by: Date of Signing: RICHARD WEST Commissioner . by: Date of Signing: BOB MUHLEMAN Commissioner Attest: by: KEN BAGWELL District Secretary MOU Re:Assistance to Firefighters Grant Page 5 of 7 POULSBO FIRE DEPARTMENT by: Date of Signing: MARTIN SULLIVAN Board Chair by: Date of Signing: JAMES INGALLS Commissioner by: Date of Signing: DARRYL MILTON Commissioner by: Date of Signing: COOVRAD GREEN Commissioner by: Date of Signing: DAVID ELLINGSON Commissioner Attest: by: LISE ALKIRE District Secretary MOU Re:Assistance to Firefighters Grant Page 6 of 7 NORTH KITSAP FIRE & RESCUE by: Date of Signing: GILLIAN GREGORY Board Chair by: Date of Signing: FERNANDO ESPINOSA Commissioner by: Date of Signing: WILSON STEWART Commissioner by: Date of Signing: STEVEN NEUPEi2T Commissioner by: Date of Signing: PATRICK PEARSON Commissioner Attest: by: CINDY MORAN District Secretary MOU Re:Assistance to Firefighters Grant Page 7 of 7 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of a new large pump Study Session Date: August 12, 2015 for the Biofilter Process at the WWTP COUNCIL MEETING Date: August 19, 2015 Department: PW&U/WWTP Presenter: Pat Coxon Phone: 473-5448 SUMMARY: The existing large Biofilter pump has been removed and scrapped, as it was completely corroded due to it not being used for over 20 years. Subsequently, we have completely rehabilitated the Biofilter process and it is now operational, and we need to replace the large pump (13,200 gpm) to assist in the operational flushing of the Biofilter and for high flow periods. We have received two quotes for the replacement pump, one from Triangle Pump & Equipment, Inc. for 98 563.73 (includes tax), and one from Granich Engineered Products, Inc. for$137,070.70 (includes tax). ATTACHMENTS: 1)Triangle Pump & Equipment quote; and 2) Granich Engineered Products quote FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: �x No Presentation ❑ Fulf Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of the Cascade Mixed flow pump from Triangle Pump 8� Equipment, Inc. for 98 563.73 , and authorize the Mayor to finalize and execute this purchase with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 �'� "� Triangle Pump & Equipment, Inc. ��ID p�OPOSAL �`r� 5� PO$ox 2890 {Hattle Ground,WA 98604) � , Phonr 360-887-9530 Fax 360-887-9540 L -�"' sa�es!a�irianRlcpamp.eom QUOTATION #TP15-4018 Revl Date:7/16/15 Bid Time: NA PM Proiect: Mixed�iow Pump Replacement Owner:City of Bremerton,WA. TO: City of Bremerton—Putrec Coxon patric.coxin(a�ci.bretnerton.wa.us Consnitine Firm: NA Ph:360-473-5448 . _ . . .. . ,. . . ..PROPO$AG - --....... -- --.. _. � -- -... ... . _ SALESPERSON; ; �._.... - _.__.._..�. ..._ : ,PAYMEN7'TERMS :ADDEI+IDA _. _ _. _. �...:EXPIR'ATION;D"ATE,. ,. ', ' David W,Flack 8-14-15 See Below NA Upon the terms and conditions on both sides of this farm and accompanying materials,trinngle Pump and Equipment,lnc.,is pleased to offe�thc fallowing Quotation for your review.(+,•w�+'.frinnnlemimn.cn�n). . - - - - • -- - -._ .___. .....__ ... , ; ,. � .._ ...--.-.--.- -...__.. _.__..... DES.CRIPTION:._._. . _..._ _.... --.--____ . . ._. ._ :�SALES!PRICE.�TOTAL_: REF:Cascade Pump ReplacemeAt Pump Quotation—Existing Pump—Fairbanks-Morse We are pleased to submit the following price information for the(1)pump and motor per your email request of June 25, ?015. Rated Conditlon: 13,200 GPM at 28 feet total dynamic head. Pumo: 24MF mixed flow,one stage,30"diameter above baseplate plain end discf�arge, oit lubrication,700 RPM,bowl efficiency 85%,brake horsepower 109.8, 14'-� 11 '/," from baseplate to bottom of suction bell,weight 6,310 Ibs. Motor: 123 Horsepower,720 RPM,vertical hollow shaR,WP-1 enclosure,460 volts,3 phase,60 Hertz, 1.15 service factor, 40°C ambient,class F'insulation with class B rise, non-reverse ratchet, 120 volt space heaters,weight 2,300 Ibs. Sales Price: 83 975.00 Pnmp price iacludes: eagineering drawings,above bese plate plala end dlscharge with tie rod brackets,coupling guards, '/." NPT fitting on dischatge nozzle,turn suction be[I dowa to 35",3;"NPT drain to samp,Overslze base plate SS" x 55" x 1 '!�" (per eYisting pump),al[other parts per Cascade Pump stendard constructioo&materials of constraction,and specisl paint similar to SO�l18389.The special paint Is Tnemec 120—the same paint as the 14MF you have o0 order. Adders: Noa-Witness Lab Performance Testing,sales price each.................................:................53,450.0U 410 S.S.Bo�v1 Lincr,_sules price cAch.. ......................................................�..............".$6,700.00. Submittals 3 to 4 weeks after receipt of acceptable purchase order. Shipment 14 to 16 weeks aRer drawinb approval and release to production.Manufacture lead-time is estimated and is subject to availabilily of materials. Price is tirm for shipment not later than December 30,2015. 3hipment after that date will be subjeet to price in effeet. ' Page 1 � Prices Por motors,gear drives and other equipment purchased for resaie included in this q uotation are subject to price in effect at time of shipment. Comments: 1. Anchor bolts, installation,start-up services,field-testing,fieid instruction, lubricants.etc.are not included. Field- Testing& Startup included as a separate line item below. 2. Delivery terms are F.O.B, Shipping Point.Freight charges are included. 3. Pricing based on features and dimensions as provided in the emails on June 25,2015 from David �lack with Triangle Pump& Equipment. QUOTE DOES N01'INCLUDE: Oii or Greasc Gauges or Valves � � Controls for RTDs—By Electrical�Contractor or Others :� Anchor Bolts Other Controls Variable Frequency Drivcs Transformers Power Factor CoRection Capacitors Sales Tax Assembly Instaliation Export Boxing or Crating for Long Term Storage Adder(s): Our Field Service {Pump & Motor Only Startup) includes the services of a factory authorized field service technician for installation checkout, initial start-up, testing� commissioning. and!or instruction of plant personnel as noled in the specification. Refer to our Terms of Field Service below for additional Field Service Delail. ■ Triangle has quoted on a per day basis. � A Flowmeter can be supplied by Triangle for Startup and Field Testing if requested for an additional $250.00 added to this Startup Price.One time charge. • At 5tartup a Vibration Check only will be performed by Triangle Pump using our VIBXPERT II to check for compliance to HI Standards for no additional chazgc. The data will be downloaded and arovided to show compliance. Sates Pr[ce: $950.00/D�v Please Remit Purchase Orders To: Triangle Pump& Eqaipment,lnc. P.O.Box 2890 Battle Ground,WA 98604 COMMERCIAL TERMS Triengle Pump& Equipment,Inc.or Cascade Pump standard terms and conditioas apply as iacluded. Submittals:3-4 Weeks after receipt ot acceptable Purehase Order. V lidi :T6is quotation will remaia open for acceptance for 30 days from the date Issued. Due to current price increases in materials the quotcd prices must be reviewed atter this date. Please aotify us priar to placing order to determine prlce increase,if any. � — - —--- - paga 2 �. Deiiverv:TBD et tfine oC order entry and relesse to production.Estimstc 14-16 weeks after submittel approval and release to production. Pavmeat: 100%Net 30-Days after receipt of equfpment. 100%Net 30-Days after each Startup for alt Startup Invoices not subject to retalnagc. Invoices are datcd as of the dete of equipment receipt. It completion o�manufatture is delayed at Purchaser's request, Seller may involce aceording to percentage of completion.These terms are independent of and are not contingent npon the manner in which the purchaser may rcceive puyment [rom others. Storage of equipment shall be at Purehnser•s risk and expense.We reserve the right to meke psrtial shipenents o�equipment and pro rnta iavoice for the equipment shipments made. Reteation of a Percentege of the contract sale amount ts prohibited unless egreed upon in writing prior to acceptence of this contract.The sele ot the equipment described above (s made solely and expressly subject to the terms end conditions on the face and reverse side 6ereof. �� Ssle9 and Similar Taxes: Ualess atherwise stated in thls quotatlon,prices do not include any Federel,rState,or Local . sales,use ot other tsxes that may be applicable to the sales oi offered products or services.'I'he amouat of any such applicsble taxea wiU be added to the invoice at the rate in effect at the time of shipment. Terms and Conditions: Thls quotation is based solely upau the terms and conditians set forth hcreia in¢luding sttachments.They supersede and reject any conflicting terms aad conditions of yoars. Any other terms and conditions that yon may propose are subject to requotatioa This quotation will remain open for acceptance until A�ugust 14,2015. Due to curreat price increasea in materisls the qnoted prices must be reviewed after thls date. Please notify us prior to placing order to determine price(�crease,if sny. Freieht: Included in quoted prlce. Terms of Field Service: Field Service quoted Is aot supervisory but advisory only and is o(fered sub�ect to the express sgreement that onr function and responsibilittes are limlted to inspection,interpretation of drswiass and IOM Msnuals,and identificatiou of ineterisls for proper assembly and operation. In order to ensure the evailability o[Servicemen,s tainimum of(3)three weeks advsnce notice will be requlred to schedule service requests.In most cases,this will enahle us to schedule service when reqaested by the Purchaser.Iilesa than(3)three weeks' notice is given,we cannot guarantee availability w�en requested,and it also may result in premium char=es to Purchaser's Account. Ia the event we errive when requested,and the jobsite is not resdy!or the Service,we wlll Invoice accordEng the Rete uoted above.There w' o cr ' r time n ' w erv' q �Il be n ed�t(o spe t on site hen no s ue�s completed. T6e quoted rate is for a normal site work schednle defined as,(8)eight hours per day,(5)t7ve days per week; ell overtlme ead Satarday work to be invoiced at one ead one hglf the quoted rete;Sunday and legal l�oliday work to be lnvoieed at double the quoted rate. Sincerely, a��v � Ph:360-887-9530 Fax:360-887-9540 Email: david(a)trianelevuma.com /dwt Quorarion prepared 6v: Osvld W.Fl�elc/Cascade Pninp Thit Is a quora�ion on 1he goods named.s+rbject ro fhe condi�ionr noled a6ore. Unless specifica!!v menrioned In ihir proyosa/,(or inclusion with proposed eqe+ip�nep►, Trir�ngtr Purryr&Equlpmenr.Inc,and lhe aherhlanirfacn�re�s _ . . .,�„ �.�---�.Y__ - -. . ._. . - Page 3 directl��quotrng equipmerrr scctiona rncludrd in this Qt�ararion hm•c no1 included onv orher irems or scn�ices. On!}�rhose(remr irhich are specifica!!}�ilemi=ed rn ihe descriplionr abore are lnchrded.No orher materials or seri•ices we i ncluded whelher�hey appeur in the rejerenced specifica�ion seclion or sec►iont rejerenced in Iba1 seueon or on the plans. Dirclaimrr� Tiianglc Pump cnd Ihc Companics w•e represertt base our pump selecrions rofclr,jrom IheJlo+��ond hcad calculolions giren ro us or slared In rhe speciJrcarions fVe n•i!!no1 bc he(d retponsi6le,�or puinp performance due ro incorrec+s►�s1em tplc�darions or improper piping configt+rplions. CASCADE PUMP COMPANY ADDITIONAL TERMS AND CDND[T10NS I. Prices are bnsed on direct factory shEpment or as noted. 2. The time for shipment given herein is approxfmate and is estimated from the date of receipt of order w[th complete manufacturiag informatlon and approval of drawings as may be necessary. The Seper shull oot be liable fo�any loss • or demage for delay ar non-detivery dae to the acts of clvil or militury authority,acts of the Purchuser or by reason of , "force majeure",whic6 shall be deemed to mean all other causes wbatsoever aot reasanably withip t6e control of the Seller,including,but not Itmited to acts ot Cod,war,riot or insurrection,blockades,embargoes�sabotage,epidemics, fires,strlkes, lockouts or other industr(nl dfsturbances,delays oi carriers,aad inebility to secure materlals,labor or maoufaeturing faci[[tles. My delay resulting(rom any such cause shall extend shtpping dates correspond[agly. The Se11er shall in no event be liable fo�nay special,indirect or consequential dnmages arieing from deley irrespective oF the reason thereof,aad recetpt by the Pure6aser shall constitute accepinnce of del[very and waiver of any claims due to delay. 3. If quuntitles vary fram those indicated we reserve the Hght to rev[se our prices. Where n qu�ntity of materiel is quoted according to our takeoff,such quuntity is believed to be accurute but csnnot be gunranteed. 4.. If an item quoted Is not npproved by the Consulting Eagineer we assume oo responsibllity to furaish the item manufactured by others. 5. Orders shall not be subject to canceilatlon or change by the Purchaser unless agreed lo In wrlUng by the Seller. Purchaser will retmburse Seller for all losses and expeases incurred by such cancellation or change. Due to the custom nature oi the product,cancellatlon ehurges mey be up to l00%of order value. 6. Our Warruaty on equipment and material covered herein ls Ilmited to thnt which is extended by t6e Munufacturer lnvolved. We shall not be�esponsible for any damage arising d[rectly or fndlrectiy irom the installetion or use of tbls equipment. Copies of Warranty available on reques� 7. Any prelim[nary draw[ngs and i{lustrative materials herewitfi show genernl arrangement and approximate dlmens(aos only. Certitied drnwings wlll be submilted a[ter rece[pt of order if requlred. a. iVo equtpment or parts shall be returaed to Seller wlthout prior written eufborizstion trom the Seller. Partial credit may be allowed�or returned material or equipment frelght charges prepntd,F.O.B.Sellers factory. Amouat of credit nuthorized wil)be determined after inspecttoo. , 9. Unless Purchaser specl8es othenvlse in writing. (a) goads wlll be boxed or crnted as Se11er may deem proper for protectlon ageinst normal handliag,and extra charge will be made far preservatlon,wsterprooflng.export boxing and s(milar added proteetlan of goods; (b) routing and manaer of shipment wtll be at Sellers discredon, nnd may be iasured at Purcbaser's ezpense.value to be stated at order price. Oa all shipments F.O.B.Sellers factory,delivery ol' , oods lo the ioittal carrier will coastitute deltve to Parchaser and all oods will be shi ed at Purchaset s risk A B rY B PP cluEm for loss or damage in transit must be entered with the enrrier and prosecuted by Purchaser. Aceeptunce of material from s common currier consNtutes a waiver of any clulms agafnst the Seller for delay or damage or loss. 10. Unless specifically stated �erein,all material sad/or equipment shall be lnstalled and p0aced to service by end at the e:pense and under the exclasive responsibility of the Purchaser. 1�. Purchaser shall be responsible for care, matatenance and protection of malerinl snd/or equipment after delivery. Purchaser agrees to provide snd maintnin adequete insurance for equlpment snd/or materiats covered 6eretn agninst - --�- Page 4 . , loss or damage by fire,explosion or other causes during the tlme between shipment und finul payment in aa nmount fully proteettng Seller. The title and right of possession to the machinery shall remain w(fh the Seller and the machlnery shall remuEn personal property Irrespect[ve of attachment to or location on any faundation or in any structure, until a11 payments shall hnve been made in cash. The Purchaser will do all acts oe¢essary to protect the ebove title and ri�ht. la the event of any default by the Purchaser, the Seller shall have the righf to repossess the machinery as well as all other rights aRorded to u cortditional se[ler uader the provisions of the Uofform Conditional Sales Act and any other applicable laws. 12. All agreements are contiagent upon strike9,accidents or other cnuses beyond our coet�ol. l3. Interest ehnrgeable at maximum legal rnte on past due items still unpaid nfter 30 days fram date of ahipment. la addltlon to the prices and frelght specified, 8uyer shell puy all seles,consumers, or other taxes lawfully assessed or levled by the United Ststes,a stole or pol[tleal subdlvis[oa thereof,or a municipal corporation,which are chargeable speci[Icslly to the traesacHon covered by the cootrnct 6etween SeUer and Buyer,as well ns addltional frelght rotes and additlonal casts crested by legislation or operation thereof. �a. These terms und canditlons sholl consdtute a part of eny rnntrnct whlch may bc entered into end shaU not be altered, modiRed� or added to unless specifrcuUy snd expressly ag�eed to In writEng by Seller, and all oral agreements and representatlons of Se11er shnll be embodied in any written contrnM of which they are a part. No statement, recommendation or ass(stance made or olTered by the Seller or its representative to the Buyer or hts representative,in connectlon w(th the use o�any products or services sold by the Seller,shull be or constttute a watver by tde Seller of any of the provisions hereotor change the Seller's liability,as hereio defiaed or rnnatitute aay guatentee or warrnnty. 15. The validity,interpretatlon,and performnace of any pu�chase order Issued sccepting this proposal shall be controlled by eod construed under the Inws af the State oi Californla. IF legal actioo(s brought to enforce sny conditfons of the purchnse order or because of an alleged dlspute,breech or default the successful or prevailiag party shull be entitled to recover reasonable ottorney's fees and other coste incarred in that actioa.in addition to any other relief to whick it may be entitled. . 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(1}Fairi�anks Morse model 20°8312,twa stage axlal flow pr�peller pump,standard fitted oons6uction,product lubricated 416 SS lineshaft,30"flanged stee!oolumn assembly,30° fabricated steel dscharge head,AES Scuzi mecFian'�cal seal with shaft sfeeve, 125 hp,720 rpm�460 wlt,3-phase.WP-1 endosure,NRR,VSS, 120 volt�aoe h�ter,elech�ic motor. Built to match perFamanoe and d�mensions of the existing serial K3M2-060565. Prioe: $126,100.00 Net Aprox.Weight:8700 lbs Prices are F.O.B.factory. Sales tax is not included. Terms: Net 30 days on approved a�edit. This quote is based on GEP's standard terms 8 conditions of sale. Please allow aprox.20 w�eeks for shipment after release for praiuc�n. Please call me if you have any questions or need addifional informabon. Regar+ds, � H� Ken Hogan Granich Engineered Produds, Inc E-mail: kenhfa�aranich.00m Ph: 206-315-2940 FX: 2U6-315-2939 : 6RAHICH EN6lNEE�ED Pt�DUCTS, INC AGENDA BILL � CITY OF BREMERTON CITY COUNCIL SUBJECT: Award Contract for Roof Study Session Date: August 12, 2015 Replacement of City-Owned Building at COUNCIL MEETING Date: August 19, 2015 1720 Warren Avenue Department: PW & Utilities Presenter: Wayne Hamilton Phone: 473-5207 SUMMARY: A Call for bids was prepared, advertised, distributed and received in accordance with City Bid Procedures. Three (3) bids were received to re-roof the City facility located at 1720 Warren Avenue. The lowest bidder was Fields Roof Service, Inc. of Kent, WA for the amount of$88,001.86 which includes Washington State Sales Tax. ATTACHMENTS: 1) Staff IVlemo 2) Bid Tabulation Form 3) Call for Bids 4) Contract FISCAL IMPACTS (Include Budgeted Amount): Included in the 2015 Facilities Budget STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the contract with Fields Roof Service, Inc. of Kent, WA for the amount of$88,001.86 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 01/07/15 -= --�-�---.._.._.. ,._::--�--�---�..--�----_..... �' p�� ~� I g - r � f� i � i �-. ' ��(�. ' : � � � i `'�-� : . � ' – ��--- �� ' -....._._........_...__.. _. i CITY BUILDING 1720 WARREN AVENUE—ROOF REPLACEMENT There are three (3) roof levels that are proposed to be replaced with this Capital Improvement Project#49100. UPPER MAIN ROOF: 5,200 square feet, roof is in poor condition, leaks. Existing roof consists of 2-old roof systems, one inch of rigid insulation,solidly adhered to the concrete roof decking, requires total removal before the new roof system and insulation can be installed. LOWER NW ROOF: 1,000 square feet, �oof is in poor condition,inner parapet wooden wall boards are rotten, roof leaks. Existing�oof consists of 3/8 inch roofing, 3/4 inch recovery board, 1/2 inch additional roofing material and an additional 1/2 inch of recovery board over metal roof decking, requires total removal before the new roof system and insulation can be installed, which will extend up the inner parapet walls to the new perimeter metal coping cap. LOWER SW ROOF: 400 square feet, roof is in poor condition,standing water on seams, leaks. Existing roof is made up the same as the LOWER NW ROOF,consists of 3/8 inch roofing,3/4 inch recovery board, l/2 inch additional roofing material and an additional 1/2 inch of recovery board over metal roof decking, requires total removal before the new roof system and insulation can be installed. There are Roof Specifications to be followed per City Building Codes, State Regulations and NCRA(National Roofing Contractors Association)guidelines for Demolition, Membrane Roof system, lnsulation, Flashing, Metal Coping Cap, Etc. ( Project Specifications are available upon request). There are many vents,drains, HVAC units,and other roof penetrations that require special care and flashing and membrane roof detail work to ensure a tight roof.Attached is a roof plan showing these locations as well as the three roof levels. The insulation boards required by the City DCD for this roof replacement project is one inch rigid insulation board,with an R-Value of R-5.6. This is a "Public Work" project not an ordinary maintenance project,so State Prevailing Wage Rates apply, per WAC 296.127-010. Any further questions, additional information needed or to view the condition of the existing roofs, please do not hesitate to ask. � Public Works&Utilities � 100 Oyster Bay Ave.N.,Bc+emerton,WA 98312*Phone (360)473-5920''Fax (360)473-2330 Working jor and with our citJ�ns to establish B�enterton as Puget Sound's nwst beaudjul and livable waterfront city SCUPPER AIR VENTS PLUMBING . VENT O AIR VENTS P��E��rxi O � EXH H AC . PLUMBING H C VENT HVAC O PLUMBING ' PLUMBING VENT - VENT p GUTTER ` O Q ELECTRICAL . ` SCUPPER Q PLUMBING DRAiN VENT . 0 � I N � � . � . , CITY BUILDING { 1720 WARREN AVENUE � � . j : i. PUBLIC WORKS AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Fields Roof Service In.,("Contractor"), whose mailing address is 25924 78th Ave So., Kent, WA 98032. The parties agree as follows: 1. CONTRACTOR SERVICES.The Contractor shall perform the following services for the City: GENERAL Work to be completed under this contract generally includes, but is not limited to: • Removal and disposal of all insulation, material and existing roof, which includes (3) roof sections and levels • Removal and disposal of all existing vent flashing, penetration flashing, equipment flashing, edges and perimetercoping. • Supply and install new vent flashing, edges, equipment flashing and vent boots, as required. • Supply and install a one inch rigid insulation board over entire roof areas • Supply and installation of an 80 mil PVC membrane roof system or City approved equal, to approximately 6,600 square feet of roof surface. • Supply and install new 24 gauge perimeter coping metal where previously existed and all other materials and work, as required for a completed roof replacement project, per the technical specifications. • Remove and replace existing downspouts as needed All installations shall be complete, including performing such incidental or other work as may be necessitated by these operations. See other spec1fications for additional information. 2. TIME OF COMPLETION. Contractor shall complete the work within 60 calendar days from the date of issuance of the City's Notice to Proceed. 3. COMPENSATION. The City shall pay the Contractor the total amount of , 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 a11 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. PUBLIC WORKS AGREEMENT I.Betwecn thr City of Bremcrton and CONTRACTOR'S NAME.) -''-7- 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 execute the work with such diligence as will ensure its physical completion within the original physical completion time specified in this Agreement and any extensions of time which may have been granted to the Contractor by change order or otherwise. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor disregards the authority of the City. G. The Contractor performs work which deviates from the Contract, and neglects or refuses to correct rejected work. H. The Contractor's failure to provide continuous competent supervision. I. The Contractor otherwise violates in any material way any provisions or requirements of the contract. If the City terminates this agreement for good cause, the Contractor shall not receive any monies due under this agreement, if any, until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. PUBLIC WUItKS AGREEMENT , (Bctwecn the City of Bremerton and CON'fRAC'I'OR'S NAME.) -'27- 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. Supplementthe 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 Corrtractor 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, PUBI.IC WORKS AGREEMEN'I' ([3ctween the City of Bremerton and CONTRAC"fOR'S NAME ) -'27- the City will adjust payment for work or time by an equitable adjustment. No adjustment wiil 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 Acceatance 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 ifl no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should ' have known, of the facts giving rise to the claim. At a minimum, a Contractor's written claim must include the information set forth regarding protests in Section 7.A.2.a.e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the Contractor's acceptance of the City's final payment under this contract. When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) PUBLIC WORKS AGRETi'MGNT (Bet�veen the City of[3rcmerton and COIvTRACTOR'S NAME) -28 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 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: Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accidentfor bodily injury and property damage; and Commercial General Liabilitv 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. Worker's Comaensation within statutory limits and employer's liability insurance with limits of not less than $1,000,000.00. Any payment of deductible or self-insured retention shall be the sole responsibility of the PUBI.IC WORKS AGREEMENT (I3etween the City of Bremerton and CONTRACTOR'S NAMF...) -29 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 attachedto the Certificate of Insurance. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Contractor's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30)calendar days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. If this contract requires work to be performed in or on navigable waters, the Contractor shall provide insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for claims made under the Longshoreman and Harbor Workers Act and the Jones Act. 12. MISCELLANEOUS. A. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement or any sub-contract hereunder, the Contractor, its sub-contractors, or any person acting on behalf of such Contractor or sub-contractor shall not, by reason of race, color, sexual orientation, sex, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. B. Com�liance with Laws. Contractorshall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. C. Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents,and subcontractors in the performance of this agreement. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or.damage to materials, tools, or other articles used or held for use in connection with the work. D. Non-waiver of Brea�. 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 PUBI.IC WORKS AGREEMENT ([3etween the City ol'Bremerton and CONTRACTOR'S NAMF,.) -30 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. Severabilitv. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of 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. PUBLIC WORIiS AGR�C:MGN f (k3etwcen the City of Bremerton and C01�1'RAC1'OR'S NAME) -31- IN WITNESS WHEREOF, the parties below have executed this agreement. CONTRACTOR THE CITY OF BREMERTON Print Name: _ Print Name: Patty Lent Title:. Title: Mayor DATE. DATE Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: Chris Mottner Inventory/Facilities Supervisor Public Works and Utilities 100 Oyster Bay Ave N Bremerton.WA 98312 (360) 473-2316 (360) 473-5360 (facsimile) APPROVED AS TO FORM: Bremerton City Attorney ATTEST: Bremerton City Clerk PUBLIC WORKS AGRtEM�N'f (Between the City of Qremerton and Fields Roof Sere�icc Inc.) -32- �I Page�of� BID TITLE: CITY BUILDING 1720 WARREN AVENUE- ROOF REPLACEMENT OPENED BY: � ��f' DATE OPENED: AUGUST 10,2015 TIME OPENED: 10:00 AM RECORDED BY: �f �� BID BOND NAME OF BIDDER BID ITEM SALES TAX TOTAL �s � L�s�c�1 c�l l 3 7 ��v.<,v !! 93/uo ��l o�/ as ,S.n! !or ��. sz� 8� �� i��s �e� r� �2 v�� '1 �o. �3 � 5�/. �5��.�,6 SUMMARY TOTAL BID COMMENTS: APP B ��V gg �,� �� ENGINEER ESTIMATE(INC SALES TAX)$75,000.00 SEC DER � 83c�, 7� . THIR O I �� ?�. � �� *#� � � � � - -. ;� _ � � City of Bremerton CALL-FOR-BIDS CITY BUILDING, 1720 WARREN AVE. - ROOF REPLACEMENT CITY BUILDING,1720 WARREN ROOF REPLACEMEIYT BIDDERS CHECkLIST&BID/CONTRACT FORMS -1- TABLE OF CONTENTS TERMSAND CONDITIONS.........................................................................................................................4 GENERAL INSTRUCTIONS TO BIDDERS:.................................................................................................4 BIDCLOSING: .....................................................................................................................................4 ADDRESS AND MARKING BIDS:.......................................................................................................4 DOCUMENTS: .....................................................................................................................................4 INTERPRETATION OF BID AND CONTRACT DOCUMENTS:..........................................................4 DEFINITIONS:......................................................................................................................................4 SCOPEOF BID: ...........................................................................................................................5 DISQUALIFICATION OF BIDDERS:............................................................................................5 LICENSING AND REGISTRATION OF CONTRACTORS:..........................................................6 AUTHORIZED REPRESENTATIVE:............................................................................................6 PREPARATION OF BID:..............................................................................................................7 COOPERATIVE GOVERNMENTAL PURCHASING: ..................................................................7 DOCUMENTS INCORPORATED BY REFERENCE: ..................................................................7 DELIVERYOF BID:......................................................................................................................8 PRICES: .......................................................................................................................................8 COMPLIANCE WITH EXISTING LEGISLATION:........................................................................8 LICENSESAND PERMITS: .........................................................................................................8 PRODUCT WARRANTY: .............................................................................................................8 RECYCLING AND WASTE REDUCTION:...................................................................................8 HAZARDOUS MATERIALS:.........................................................................................................9 MATERIALS ACEPTANCE: .........................................................................................................9 PAYMENT: ...................................................................................................................................9 NON-DISCRIMINATION:..............................................................................................................9 ALTERATIONS:............................................................................................................................9 TERMINATION:..........................................................................................................................10 GENERALINFORMATION.........................................................................................................................11 RFPSCHEDULE:.......................................................................................................................11 EVALUATION CRITERIA:..........................................................................................................11 SPECIFIC INSTRUCTIONS TO VENDORS:.............................................................................11 BIDDER'S CHECKLIST AND BID/CONTRACT FORMS........................................................................... 12 BIDBOND FORM........................................................................................................................................13 NON-COLLUSION AFFIDAVIT....................................................................................................................14 CONTRACTOR EEOC CERTIFICATION ....................................................................................................15 CERTIFICATION OF NON-SEGREGATED FACILITIES.............................................................................17 CERTIFICATION OF EQUAL EMPLOYMENT OPPORTUNITY REPORT..................................................18 CONTRACTOR'S REGISTRATION.............................................................................................................19 BIDPROPOSAL .........................................................................................................................................20 ACKNOWLEDGEMENT OF ADDENDA.....................................................................................................23 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION ........................................................24 PUBLIC WORKS AGREEMENT.................................................................................................................25 WASHINGTON STATE PREVAILING WAGE RATES...............................................................................33 PERFORMANCE BOND/PAYMENT BOND................................................................................................34 OPTION FOR MANAGEMENT OF STATUTORY RETAINED PERCENTAGE.........................................36 TECHNICALSPECIFICATIONS ...............................................................................................37 (TO END OF SECTION) CITY BUILDIIYC,1720 WARREN ROOF REPLACEMENT BIDDERS CHECKLIST&BID/CONTRACT FORhiS -2- CALL-FOR-BIDS SEALED BIDS will be received at the office of the City Clerk, CITY OF BREMERTON, 345 Sixth Street, Suite 600, Bremerton, Washington 98337-1873, up to, but not later than 10:00 am, Monday, August 10, 2015, for the provision of a City Building, 1720 Warren Avenue—Roof Replacement. The specifications for the project are attached. Bids must be made on the printed forms attached to the Bidder's Checklist. City Clerk CITY BUILDIIYG,1720 WARREIY ROOF REPLACEMENT BIDDERS CHECKLIST&BID/CONTRACT FORMS -3- TERMS AND CONDITIONS I. GENERAL INSTRUCTIONS TO BIDDERS: A. BID CLOSING: Sealed bids for City Building, 1720 Warren Ave. Roof Replacement will be received, opened and read aloud at 10:00 am, on Monday August 10, 2015 in the City of Bremerton Purchasing Division Offices, 345 Sixth Street, Suite 600, Bremerton, Washington. B. ADDRESS AND MARKING BIDS: Bids shall be submitted in a sealed envelope clearly marked "City Building, 1720 Warren Avenue- Roof ReplacemenY'and addressed to: City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 C. DOCUMENTS: Attached to this invitation are the technical specifications of the work to be performed. By submitting a bid, each bidder acknowledges that s/he has read and understands these documents and agrees to sign the attached contract within ten (10) days of final award of the contract by Bremerton City Council. D. INTERPRETATION OF BID AND CONTRACT DOCUMENTS: If any person contemplating submitting a bid for proposed contract is in doubt as to true meaning of any part of the bid instructions, specifications or contract or finds discrepancies in, or omissions from these documents, s/he may submit to the purchasing agent for the City of Bremerton a written request for interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Such request must be submitted not less than ten (10) days prior to the date set for receiving bids. Any interpretation or correction of the document will be made only by written addendum duly issued. A copy of such addendum will be mailed or delivered to each individual or firm known to have received a set of documents. The City will not be responsible for any other explanations or interpretations of the contract documents. No oral interpretation of any provisions in the contract document will be made to any bidders or be binding on the City. Any documents included hereinafter are intended as complimentary and what is provided for or called for by one shall be binding for all. E. DEFINITIONS: 1. Bidder: An individual, firm, co-partnership or corporation, or combination thereof, submitting a bid for work contemplated and acting directly or through a duly authorized individual. 2. City: The City of Bremerton. 3. Contract: The written agreement between the City and the Contractor including the notice to bidders, bids, specifications, general provisions, special provisions and contract bonds. PUBLIC WORKS ACREEMENT (Betwecn the Cih•of Bremerton and CONTRACTOR'S NAME.) -4- 4. Contractor: The individual, firm, co-partnership or corporation, and his/her, their, or its heirs, executors, administrators, successors and assigns, or the lawful agent of any such individual, firm, co-partnership, covenanter or corporation, or hislher, their or its surety under the contract bond, constituting one of the principals to the contract. - 5. Days: Unless otherwise designated, days as used in the contract shall be understood to mean calendar days. II. SCOPE OF BID: A. All interested bidders are recommended to attend a site visit to familiarize themselves with the scope of work and job site conditions. B. Date of recommended site visit shall be August 3, 2015 at 2:00 pm. Site visit meet location is the City of Bremerton Building located at 1720 Warren Avenue, Bremerton, Washington, call the City Representative for driving directions. C. Provision of a City Building, 1720 Warren Avenue - Roof Replacement that meets or exceeds the following specifications: GENERAL Work to be completed under this contract generally includes, but is not limited to: • Removal and disposal of all insulation, material and existing roof, which includes (3) roof sections and levels • Removal and disposal of all existing vent flashing, penetration flashing, equipment flashing, edges and perimeter coping. • Supply and install new vent flashing, edges, equipment flashing and vent boots, as required. • Supply and install a one inch rigid insulation board over entire roof areas • Supply and installation of an 80 mil PVC membrane roof system or City approved equal, to approximately 3800 square feet of roof surface. • Supply and install new 24 gauge perimeter coping metal where previously existed and all other materials and work, as required for a completed roof replacement project, per the technical specifications. • Remove and replace existing downspouts as needed All installations shall be complete, including performing such incidental or other work as may be necessitated by these operations. See other specifications for additional information. III. DISQUALIFICATION OF BIDDERS: The City Clerk or designee may at his/her discretion determine that a bidder is not responsible and reject their bid for any of the following reasons: A. Evidence of collusion on prior or the present bid process. B. Bidder has previously defaulted in the performance of or failed to complete a written public contract, or has been convicted of a crime arising from a previous public contract. PUBLIC WORKS AGREEMENT (Between the Cih�of Bremerton and CONTRACTOR'S NAME.) -5- C. Bidder not qualified for the work involved or to the extent of his bid. D. Unsatisfactory performance record, judged from the standpoint of conduct of work, workmanship or progress as shown by past or current work for the City. E. Uncompleted work, whether for the city or otherwise, which might hinder or prevent the prompt completion of the work bid upon. F. Failure to pay or settle bills for labor or materials on any former or current contracts. G. Any other inability,financial or otherwise to provide the work. H. Bidder is not authorized to do business in the State of Washington. I. For any other reasons deemed proper by the Owner. IV. LICENSING AND REGISTRATION OF CONTRACTORS: A. Contractors as defined in RCW 18.27.010 must be registered pursuant to RCW 18.27 prior to submitting a bid. B. Any contractor that is a corporation must obtain a certificate of existence or authorization pursuant to RCW 23B.01 prior to submitting a bid. C. The City will not execute a contract with any contractor who is not registered or licensed to do business in the State of Washington (RCW 39.06.010). V. AUTHORIZED REPRESENTATIVE: The Utilities Operations Manager or his/her designee shall act as advisor and consultant to the City in all matters relating to the contract. The Utilities Operations Manager/designated representative: A. Shall determine the acceptability of the work to be paid for under the contract and approve all pay amounts prior to payment by the City. B. Shall decide all questions relative to the true construction, interpretation, meaning and intent of the contract documents. C. Shall decide all questions relative to the work and the fulfillment of this contract. D. Shall have the power to reject or disapprove of work or material which does not conform to the contract documents. E. May direct the sequence of work where such direction is for the purpose of avoiding conflict with other work being performed by the City or by others in the same general locality. Nothing herein shall be construed as requiring the City Clerk to direct the method or manner of performing the work. The decision of the authorized representative in the matters described above shall be final. Authorized City Representative for this bid is: CHRIS MOTTNER(360)473-2316 PUBLIC WORKS AGREEMENT (Between the City of Bremerton and CONTRACTOR'S NAME.) -6- � VI. PREPARATION OF BID: A. Each bid shall be made on the forms furnished, or in a format required by the City, and shall be signed by an authorized person with the signature in full. The address and telephone number of the bidder shall be typed or printed on the bid. B. The total price shall be typed or written with ink in both words and figures. All blanks must be filled in. C. If a discrepancy exists between the words and the figures, the words shall govern. Any omission of prices on items shown in the bid form may be cause for rejection of the bid at the sole discretion of the City. D. At a bidder's discretion, a bid may be conditioned upon qualifications or amendments to the Contract documents which do not materially change the requirements contained therein. Such qualifications or amendments shall be fully described on the form provided in these documents. The City reserves absolutely the right the accept or reject any such qualifications or amendments and to consider price variations therefore in determining the lowest responsible bid. VII. COOPERATIVE GOVERNMENTAL PURCHASING: RCW 39.34 allows cooperative purchasing between public agencies (political subdivision) in the State of Washington. Public agencies which have filed an Intergovernmental Cooperative Purchasing Agreement with the City of Bremerton may purchase from City of Bremerton contracts, provided that the Vendor has agreed to such participation. Each bidder shall indicate on the bid submittal form if he/she will honor other public agency orders in accordance with contract terms and conditions in addition to orders from the City of Bremerton. The City of Bremerton does not accept any responsibility for purchase orders issued by other public agencies. Public agencies desiring to use Bremerton's contracts must have executed an Intergovernmental Cooperative Purchasing Agreement with the City of Bremerton, as required by RCW 39.34. Only those public agencies who have complied with these requirements are eligible to use this contract. The public agency accepts responsibility for compliance with any additional or varying laws and regulations governing purchase by or on behalf of the public agency in question. A purchase by a public agency shall be affected by a purchase order from the public agency, directed to the Vendor or other party contracting to furnish goods or services to the City of Bremerton. The City of Bremerton accepts no responsibility for the performance of any purchasing contract by the Vendor, and the City of Bremerton accepts no responsibility for payment of the purchase price for any public agency. VIII. DOCUMENTS INCORPORATED BY REFERENCE: The following documents are incorporated by reference, to include, but not limited to: Technical Specifications Bid Contract Bidder's Checklist PUBLIC WORKS AGREEMENT (Betwecn the Cih•of Bremerton and CONTRACTOR'S NAME.) -7- IX. DELIVERY OF BID: A. Each bid or bids shall be completely sealed in a separate envelope, properly addressed to the City at the address indicated on the bid form, with the name and address of the bidder and the name of the project for which the bid is submitted, plainly written on the outside of the envelope. B. Bids will be received at the time and place stated in the Call-for-Bids. It is the sole responsibility of the bidder to see that his/her bid is delivered on time. Anv bid received after the scheduled closinq time for receipt of bids will be returned to the bidder unopened. C. Bids shall be submitted intact, including all bid documents and acknowledgement of all addenda received from the City. X. PRICES: All bids are to show total lump sum. Sales tax shall be shown as a separate item. XI. COMPLIANCE WITH EXISTING LEGISLATION: The bidder shall comply with all Federal, State and Local laws, ordinances and regulations pertaining to this bid and shall consider all expenses relative with such compliance in the preparation of the bid. The City will furnish Federal Excise Tax Exemption Certificate if requested and applicable. The City shall require the contractor to pay prevailing wage on all Public Works projects in accordance with RCW 39.04 and 39.12 and WAC 296-127-101, 011, 025, 040, 045. XII. LICENSES AND PERMITS: The successful bidder shall acquire and/or possess a current City of Bremerton Business License, and any other licenses and permits which may be required to fulfill the obligations of the contract arising from this Call-for-Bids. B 8� O taxes shall be paid when due and contractor will agree to assign any payments due to the City Clerk for payment of such taxes which have been declared delinquent. XIII. PRODUCT WARRANTY: The completed product provided in accordance with these specifications must be warranted to be merchantable within the meaning of the Uniform Commercial Code pursuant to Title 62A of the RCW. Furthermore, the bidder warrants s/he has reviewed these specifications, understands the intended use of the product and warrants that all material furnished and all work performed under this contract will be free from defects in material and workmanship and will conform to the requirements of the contract, as well as other warranty requirements as stated. * BIDDER SHALL INCLUDE THE COMPANY'S WARRANTY AND SERVICE POLICY. XIV. RECYCLING AND WASTE REDUCTION: A. It is the policy of the City of Bremerton to maximize purchase and use of products manufactured from recycled materials or products suitable for re-use unless such use will place an unreasonable financial burden on the City or result in undue degradation in quality or performance. B. The City strongly encourages business and industrial activities that actively market and PUBLIC WORKS AGREEMENT (Betwcen the City of Bremerton and CONTRACTOR'S NAME.) -8- utilized recyclable materials that are in commodity categories generating waste. C. Business' participating in the City's procurement process may be required to demonstrate compliance with the Environmental Protection Agency Resource Conservation and Recovery Act (RCRA) and the Washington State Solid Waste Act of 1989 (ESHB 1671). XV. HAZARDOUS MATERIALS: For the purposes of compliance with the Hazard communication Act (WAC 296-62-054 through 296-62-05425), Material Safety Data Sheets must accompany all bids for which specifications of the bid or subsidiary products relative to the bid call for substances or materials covered by the Act. Additionally, Material Safety Data Sheets shall accompany all deliveries of substances containing warning labels. XVI. MATERIALS ACCEPTANCE: Final acceptance shall be conclusive except as regards latent defects or gross mistakes and except as regards to the City's rights under the"Warranty"clause of this contract. XVII. PAYMENT: Payment for this project will be made by City Council action following notification of acceptance of same by the City. XVIII. NON-DISCRIMINATION: Except to the extent permitted by a bona fide occupational qualification, contractor agrees as follows: A. Contractor shall not discriminate against any employee or applicant for employment because of race, color, sexual orientation, national origin, sex, religion, age or disability. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training. B. Contractor shall, in all solicitation for employees or job orders for employees placed with any employment agency, union, or other firm or agency, state that all qualified applicants shall receive consideration for employment without regard to race, color, national origin, sex, religion, age or disability. The words "Equal Opportunity Employer" in advertisement shall constitute compliance with this section. C. Contractor shall send each labor union or representative of workers with which s/he has a collective bargaining agreement or other contract or understanding a notice advising the said labor union of workers' representative of their commitment under this section, and send a notice to the City of same. In the event of non-compliance by contractor with any of the non-discrimination provisions of this contract, the City shall have the right at its option to cancel the contract in whole or in part. XIX. ALTERATIONS: No alterations in the bid, specifications or contract will be allowed. PUBLIC WORKS AGREEMENT (Behveen the City of Bremerton and CONTRACTOR'S NAME.) -9- XX. 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 execute 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 materials 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 Contract work is completed. PUBLIC WORI�S AGREEMENT (Between the City of Bremerton and COIYTRACTOR'S NAN1E.) -10- GENERAL INFORMATION I. RFP SCHEDULE: The following are the projected time frames for this process: Monday, July 20, 2015, issue legal notice of RFP. Monday, August 10, 2015, vendor bids accepted until 10:00 am. II. EVALUATION CRITERIA: Responses to this call-for-bids will be evaluated based on the following:� • Evaluation of Technical Bid • Cost III. SPECIFIC INSTRUCTIONS TO VENDORS: A. Vendors who have questions regarding any section of this RFP should refer those in writing to: City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 B. One (1) sealed copy of each bid must be submitted by 10:00 am, Monday, August 10, 2015, to City Clerk at the above address. C. Responses are to include a complete and independent bid document, listing all items that are being proposed to the City. All costs and conditions must be stated clearly in this bid document and the document must be dated and signed by the vendor. D. A City Evaluation Team will analyze each response to the RFP. Vendors may be asked to discuss, clarify and expand on the information submitted in their bid during the evaluation process. E. The City of Bremerton is not liable for any costs incurred by the vendors in connection with RFP response preparation, demonstrations, pre-sale meetings or contract negotiations. PUBLIC WORKS AGREEMENT (Between thc Cit��of Bremerton and CONTRACTOR'S NAA4E.) -ll- � BIDDER'S CHECKLIST AND BIDICONTRACT FORMS BIDDER'S CHECKLIST This section lists the Contract forms required for this project. The bidder's attention is especially directed to the forms which must be executed in full as required and submitted with the bidder's bid. These are indicated as follows in the section titled BID DOCUMENTS Bid Documents These documents must be executed and submitted to the City no later than the designated bid closing date, otherwise the bid will be rejected. 00300-3 Bid Bond Form This form is to be executed by the bidder and the surety company unless bid is accompanied by a certified check. The amount of this bond shall be not less than five percent (5%) of the total amount bid and may be shown in dollars or on a percentage basis. 00300-4 Non-Collusion AfFidavit The form is to be completed and signed by the Contractor. 00300-5 Certification of Proposed Contractor Regarding Equal Employment 00300-9 Certification of Non-Segregated Facilities 00300-10 Certification of Equal Employment Opportunity Report 00300-11 Contractor's Registration 00300-12 Bid Proposal The Total Lump Sum Bid must be shown in the spaces provided. 00300-14 Bid Proposal Signature Sheet 00300-15 Acknowledgement of Addenda 00300-16 Certificate Regarding Debarment and Suspension Documents to be Executed bv the Successful Bidder The following forms are to be executed after the Contract is awarded. These forms must be submitted prior to the preconstruction meeting. 00300-17 Contract 00300-21 Performance Bond/Payment Bond To be executed by the successful bidder and their Surety Company. 00300-23 Certification by Proposed Subcontractor Regarding Equal Employment 00300-25 Declaration for Statutory Retained Percentage(RCW 60.28) PUBLIC WORKS ACREEMENT (Bctween the Cit��of Bremerton and CONTRACTOR'S NAME.) _�Z_ BID BOND FORM Herewith find deposit in the form of a certified check, cashier's check, cash or bid bond in the amount of $ which amount is not less than five percent (5%) of the Total Lump Sum Bid. Signature: BID BOND Know all men by these presents: that we, as principal, and as surety, are held and firmly bound unto the Citv of Bremerton, Washinqton as obligee in the penal sum of dollars, for the payment of which the principal and the surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. The condition of this obligation is such that if the obligee shall make any award to the principal for the City Building, 1720 Warren Avenue - Roof Replacement according to the terms of the proposal or bid made by the principal thereof, and the principal shall duly make and enter into a Contract with the obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with surety or sureties approved by the obligee, or if the principal shall, in case of failure so to do, pay and forFeit to the obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the surety shall forthwith pay and forfeit to the obligee, as a penalty and liquidated damages, the amount of this bond. Signed, sealed and dated this day of , 20 Principal Surety This day of , 20 Received return of deposit in the sum of$ I PUBLIC WORKS ACREEMENT (BetN•cen the City of Bremerton and CONTRACTOR'S NAME.) -13- NOfV-COLLUSION AFFIDAVIT State of Washington) ) County of Kitsap) The undersigned, being duly sworn, deposes and says that the person, firm, association, co- partnership or corporation herein named, has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in the preparation and submission of a proposal to the City of Bremerton for consideration in the award of a Contract on the improvement described as follows: CITY BUILDING, 1720 WARREN AVENUE - ROOF REP�ACEMENT Name of Firm Signature of Authorized Member Signed and sworn to before me this Day of , 20 Notary Public PUBLIC WORIiS AGREEMENT (Betwecn the Cih�of Bremerton and CONTRACTOR'S NAME.) -14- CERTIFICATION BY PROPOSED CONTRACTOR REGARDING EQUAL EMPLOYMENT (Page 1 of 2) Name of Prime Contractor GENERAL In accordance with Chapter 56, Laws of 1975 15` Extraordinary Session, Certification regarding Equal Opportunity is required of bidders or prospective Contractors and their proposed Subcontractors prior to the award of Contracts or Subcontracts. CERTIFICATION OF BIDDER Contractor's Name: Address: Internal Revenue Service Employer ldentification No.: 1. Participation in a previous Contract or Subcontract. a. Contractor has participated in a previous Yes No Contract or Subcontract subject to the Equal Opportunity Clause. b. Compliance reports were required to be filed Yes No In connection with such ContracUSubcontract. c. Contractor has filed all compliance reports Yes No Required by Executive Orders 10925, 11114, 11246 or by regulations of the Equal Opportunity Commission issued pursuant to Title VII of the Civil Rights Act of 1964. d. If answer to Item 'C' is"no", please explain in detail On the reverse side of this certification (only include Elements in No. 1 that is required subsequent to Passage of I-200). 2. Dollar amount of proposed bid $ � 3. Anticipated performance period calendar days. 4. Expected total number of employees who will perform the proposed construction CERTIFICATION BY PROPOSED CONTRACTOR PUBLIC�YORKS AGREEMENT (Between the Cih�of Bremerton and COIYTRACTOR'S NAME.) -15- REGARDING EQUAL EMPLOYMENT (Page 2 of 2) CERTIFICATION BY CONTRACTOR I, the undersigned, certify that the information above is true and complete to the best of my knowledge and belief. Name of Signer(please type or print clearly) Title of Signer Signature Date PUBLIC WORKS AGREEMEIYT (Bctween the City of Bremerton and CONTRACTOR'S NAME.) -16- CERTIFICATION OF NON-SEGREGATED FACIL9TIES The bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The bidder agrees that a breach of this certification will be a violation of the Equal Opportunity Clause in any Contract resulting from acceptance of this bid. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The bidder agrees that (except where he has obtained identical certification from proposed Subcontractor's for specific time periods) he will obtain identical certifications from proposed Subcontractor's prior to the award of Subcontracts exceeding $10,000.00 which are not exempt from the provisions of the Equal Opportunity Clause, and that he will retain such certification in his files. Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. S1001. This day of , 20 (Name of Bidder) By: Title: Official Address: (Street or P.O. Box) (City, State, Zip) *Must be included without alteration PUBLIC WORKS AGREEMENT (Between the City of Bremerton and CONTRACTOR'S NAME.) _17_ CERTIFICATION OF EQUAL EMPLOYMENT OPPORTUNITY REPORT Certification with regard to the performance of previous Contracts or Subcontracts subject to the Equal Opportunity Clause and the filing of required reports. The bidder(s) , proposed Subcontractor(s) , hereby certifies that she/he has /has not , participated in a previous Contract or Subcontract subject to the Equal Opportunity Clause, as required by Executive Order 10925, 11114, or 11246, and that she/he has /has not , filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a federal government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. Company By Title Date PUBLIC WORKS AGREEMENT (Between the City of Bremerton and CONTRACTOR'S NAME.) _�g_ CONTRACTOR'S REGISTRATION Name: Address: Employer's Identification Number (employer Social Security Number) (not you're personal Social Security Number): Employment Security Department Number: Washington Industrial Insurance Number: Washington State Excise Tax Registration Number(UBI No.): Washington State Contractors Registration Number/Expiration Date: City of Bremerton Business License Number: PUBLIC WORKS ACREEMENT (Between the City oP Bremerton and COIYTRACTOR'S IYAME.) -19- BID PROPOSAL CITY BUILDING, 1720 WARREN AVENUE - ROOF REPLACEMENT City of Bremerton (Page 1 of 3) TO THE CITY CLERK BREMERTON, WA This day of , 20 The undersigned hereby certify/certifies that we/he/she has/have personally examined the Drawings and Contract Documents entitled City Building, 1720 Warren Avenue - Roof Replacement. The undersigned has also examined the site and the existing conditions and limitations affecting the work. The undersigned, in response to the INVITATION FOR BID and INSTRUCTIONS TO BIDDER'S proposes to perform all work and furnish all labor, materials, equipment and other items required for and to complete the work called for by the above named documents —for the following Lump Sum prices: Citv Buildina, 1720 Warren Avenue - Roof Replacement Lump Sum Bid For all work described in the Contract Documents and Specifications, City Building, 1720 Warren Avenue - Roof Replacement. Complete all work required including furnishing all labor, equipment and materials for installation of approved roof replacement project, and other associated work as described in general specification sections for the roof sections located at 1720 Warren Avenue in Bremerton, Washington. Safety of the general public and all personnel shall be maintained at all times. Contractor shall be responsible for all safety precautions needed for all areas affected by this project until completion and acceptance by the City. Access to work area will be restricted for use only by roof contractor during construction. Areas for staging of construction and parking shall be provided by the City. City of Bremerton representative for this project is Chris Mottner, (360) 473-2316. Roof contractor is responsible for all necessary licenses and permits for the total lump sum cost of, but not including Washington State Sales Tax. Total Lump Sum Bid: $ Total Lump Sum Bid Written in Worc9s Estimate of Washington State Sales Tax (8.7%) on the Total Lump Sum Bid: $ PUBLIC WORKS ACREEMENT (Between the City of Bremerton and CONTRACTOR'S NAME.) -20- BID PROPOSAL (Page 2 of 3) A. Overhead and Profit The undersigned agrees that the above named Total Lump Sum Bid includes all Contractors' overhead and profit as well as all other incidental cost of completing the specified City Building, 1720 Warren Avenue - Roof Replacement. B. Time of Completion and Lipuidated Damaqes The work of this contract shall be commenced within ten (10) calendar days following The Notice to Proceed, and shall be completed and acceptable by the City sixty (60) calendar days from the date of Notice to Proceed issued by the City. For each calendar day after the date fixed for completion, the Contractor shall pay the City the sum of one thousand dollars ($1,000) per calendar day, as fixed agreed liquidated damage. C. Bid Withdrawal The bid may be withdrawn by the Contractor at any time prior to the scheduled time for the bid opening or any City authorized postponement thereof. D. Owner's Riqht To Reiect Bids Bidder agrees that the Owner reserves the right to reject any or all bids to waive any Informalities in the bidding. E. Determination of Low Bidder The low bid shall be determined based on the Total Lump Sum Base Bid. The amount of the work to be paid for shall be based on the "percent complete" of the Total Lump Sum Base Bid. The award of the Contract, if made by the City, will be made to the responsible bidder submitting the lowest responsive bid, if it is to the City's best interest to accept such bid. F. Schedule of Values If awarded the contract, the Bidder shall furnish the City a Schedule of Values that Makes-up the Total Lump Sum Bid amount at the Pre-Construction Meeting. PUBLIC WORKS AGREEMENT (Between the Cih•of Bremerton and CONTRACTOR'S NAME.) -21- BID PROPOSAL SIGNATURE SHEET (Page 3 of 3) Bidder Date By: Authorized Official Phone Address City and State � Note: (1) If the bidder is a co-partnership, so state, giving firm name under which business is transacted. (2) If the bidder is a corporation this proposal must be executed by its duly authorized official. (3) If no bid is submitted, kindly mark"NO BID"and return to: City of Bremerton City Clerk Norm Dicks Government Center 345 6th Street, Sixth Floor, Suite 600 Bremerton, Washington 98337-1873 I PUBLIC WORKS AGREEMENT (Bctween the City of Bremcrton and CONTRACTOR'S NAME.) _ZZ_ ACKNOWLEDGEMENT OF ADDENDA The bidder hereby acknowledges receipt of addenda by initialing after each addendum received, as applicable. Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 PUBLIC WORKS ACREEMENT (Behveen the City of Bremcrton and CONTRACTOR'S NAME.) -23�- CERTIFICATION REGARDING DEBARMENT AND SUSPENSION I certify that neither (Company) nor its "principals" [as defined at 49 CFR, Part 29.105(p)] are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. By submitting this certification, the Contractor agrees that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in the covered transaction, unless authorized in writing by the City of Bremerton. The Contractor further agrees by submitting this certification that it will include this certification, without material modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. If the Contractor is unable to certify to the statements in this certification, such Contractor shall attach an explanation to this bid/proposal. THE CONTRACTOR CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION , AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. #3801 ET SEQ. ARE APPLICABLE THERETO. Signature Printed Name and Title Company Name Date PUBLIC WORKS AGREEMENT (Betwcen the City of Bremerton and CONTRACTOR'S IYAME.) -24- PUBLIC WORKS AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and ("Contractor"), who's mailing address is The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: GENERAL Work to be completed under this contract generally includes, but is not limited to: • Removal and disposal of all insulation, material and existing roof, which includes (3) roof sections and levels • Removal and disposal of all existing vent flashing, penetration flashing, equipment flashing, edges and perimeter coping. • Supply and install new vent flashing, edges, equipment flashing and vent boots, as required. • Supply and install a one inch rigid insulation board over entire roof areas • Supply and installation of an 80 mil PVC membrane roof system or City approved equal, to approximately 3800 square feet of roof surFace. • Supply and install new 24 gauge perimeter coping metal where previously existed and all other materials and work, as required for a completed roof replacement project, per the technical specifications. � Remove and replace existing downspouts as needed All installations shall be complete, including performing such incidental or other work as may be necessitated by these operations. See other specifications for additional information. 2. TIME OF COMPLETION. Contractor shall complete the work within 60 calendar days from the date of issuance of the City's Notice to Proceed. 3. COMPENSATION. The City shall pay the Contractor the total amount of , 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 PUBLIC WORKS AGREEMENT (Bctween the City of Bremcrton and COIYTRACTOR'S NAME.) -25- any liens filed under Chapter 60.28 RCW, whichever is later. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state industrial insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub- contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub-contractors. 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 execute the work with such diligence as will ensure its physical completion within the original physical completion time specified in this Agreement and any extensions of time which may have been granted to the Contractor by change order or otherwise. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor disregards the authority of the City. G. The Contractor performs work which deviates from the Contract, and neglects or refuses to correct rejected work. H. The Contractor's failure to provide continuous competent supervision. I. The Contractor otherwise violates in any material way any provisions or requirements of the contract. , If the City terminates this agreement for good cause, the Contractor shall not receive any monies due under this agreement, if any, until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the PUBLIC WORKS AGREEMENT (Between thc Cih•of Bremcrton and CONTRACTOR'S NAl11E.) -26- Department of Labor and Industries is attached. 7. CHANGES. The City may issue a written or oral work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City wilt 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 bv 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 ContracYs 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, PUBLIC WORKS ACREEMENT (Between the Cih�of Bremerton and CONTRACTOR'S IYAME.) _27_ 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 Dutv 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 Chanqes. 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. 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 from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) PUBLIC WORKS AGREEMENT (Betwcen the Cit��of Bremerton and CONTRACTOR'S NAME.) _Zg_ 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 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: Automobile Liabilitv insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and Commercial General Liabilitv 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. Worker's Compensation within statutory limits and employer's liability insurance with limits of not less than $1,000,000.00. Any payment of deductible or self insured retention shall be the sole responsibility of the PUBLIC WORKS AGREEMENT (Bchvicen the City of Bremcrton and CONTRACTOR'S NAME.) _Zy_ Contractor. The City reserves the right to receive a certified copy of all the required insurance policies. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Contractor's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. If this contract requires work to be performed in or on navigable waters, the Contractor shall provide insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for claims made under the Longshoreman and Harbor Workers Act and the Jones Act. 12. MISCELLANEOUS. 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, color, sexual orientation, sex, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. B. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. C. Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Non-waiver 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. Governinq Law. This agreement shall be governed and construed in PUBLIC WORKS AGREEMENT (Between the City of Bremerton and CONTRACTOR'S NAME.) -30- accordance with the laws of the State of Washington. If any dispute arises befinreen 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. Attornev'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. Assiqnment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. I. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. J. Severabilitv. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in fuN force and effect. K. Entire Aqreement. 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. PUBLIC WORKS ACREEMENT (Bctwcen the City of Bremerton and CONTRACTOR'S NAN1E.) -31- IN WITNESS WHEREOF, the parties below have executed this agreement. CONTRACTOR THE CITY OF BREMERTON Print Name: Print Name: Title: Title: DATE DATE Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: Chris Mottner Inventorv/Facilities Supervisor Public Works and Utilities 100 Ovster Bav Ave N Bremerton, WA 98312 (360) 473-2316 (360) 473-5360 (facsimile) APPROVED AS TO FORM: Bremerton City Attorney ATTEST: Bremerton City Clerk PUBLIC VVORKS AGREEMENT (Between thc City of Bremerton and CONTRACTOR'S NAME.) -32- WASHINGTON STATE PREVAILING WAGE RATES FOR PUBLIC WORKS CONTRACTS NOTES: 1. The following pages only include the State Prevailing Wage determinations from the Washington State Department of Labor and Industries applicable to this Contract. The Contractor shall comply with such State determinations. 2. Any questions regarding the state prevailing wage determinations should be addressed to: Department of Labor and Industries, Prevailing Wage Section, 925 Plum Street, Olympia, Washington 98504, or call (360) 902-5335. http://www.I n i.w a.q ov/p reva i I i n uwaqe PUBLIC WORIiS AGREEMENT (Between thc Cih'of Bremcrton and CONTRACTOR'S NAME.) -33- PERFORMANCE BOND/PAYMENT BOND (Page 1 of 2) Know all men by these presents: That we, as principal, and a corporation organized and existing under the laws of the State of Washington, as a surety corporation, and qualified under the laws of Washington to become surety upon bonds of Contractor's with corporations, as surety, are jointly and severally held and firmly bound to City of Bremerton, Washington, as Owner, in the penal sum of $ for payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. The obligation is entered into in pursuance of the statutes of the State of Washington, and County, and ordinances of the City of Bremerton, Washington. Dated at , Washington this day of , 20 Nevertheless, the conditions of the above obligation are such that: Whereas, the Owner has let or is about to let the said above bonded principal, a certain Contract, the said Contract being numbered and providing for the City Building, 1720 Warren Avenue- Roof Replacement (which Contract is referred to herein and made a part hereof as though attached hereto), and whereas, the said principal has accepted, or is about to accept, the said Contract, and undertake to perForm the work therein provided for in the manner and within the time set forth: Now, therefore, if the said principal shall faithfully perForm all of the provisions of said Contract in the manner and within the time therein set forth, or within such extensions of time as may be granted under said Contract, and shall pay all laborers, mechanics, Subcontractor's and material men, and all persons who shall supply said principal or Subcontractor's with provisions and supplies for the carrying on of said work, and shall hold said Owner harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal, or any Subcontractor in the performance of said work, and shall indemnify and hold the Owner harmless from any damage, loss, or expense by reason of failure of performance as specified in said Contract or defects from appearing or developing in the material or workmanship provided or performed under said Contract within a period of one year after its acceptance thereof by the Owner then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. PUBLIC WORKS AGREEMEIVT (Betwecn the City of Bremerton and CONTRACTOR'S NAME.) -34- PERFORMANCE BOND/PAYMENT BOND (Page 2 of 2) � Approved: Owner Contractor By By Title Title Bonding Company By Name of Local Agency Address of Local Agency Phone Number of Local Agency Bond Number PUBLIC WORIiS AGREEMENT (Between the City of Bremerton and COIYTRACTOR'S NAME.) -35- CONTRACTOR'S DECLARATION OF OPTION FOR MANAGEMENT OF STATUTORY RETAINED PERCENTAGE RCW 60.28 A. I hereby elect to have the retained percentage of this Contract held in a fund by the Owner until sixty (60) days following final acceptance of the work. Date: Signed: B. I hereby elect to have the Owner deposit the retained percentage of this Contract In an interest bearing account, not subject to withdrawal until final acceptance of The work. Date: Signed: C. I hereby elect to have the Owner invest the retained percentage of this Contract From time to time as such retained percentage accrues. I hereby designate as the Repository for the escrow of said funds. I choosing option (B) or (C) I hereby agree to be fully responsible for payment of all costs or fees incurred as a result of placing said retained percentage in escrow and investing it as authorized by statute. The Owner shall not be liable in any way for any costs or fees in connection therewith. Release of retained percentage will be made sixty (60) days following the Completion Date as authorized by statute providing the following conditions are met: 1. No claims, as provided by law, have been filed against the retained percentage. 2. Affidavit of Wages Paid is on file with the Contracting Agency for the Contractor and all Subcontractors regardless of tier. Date: The bidder is hereby advised that by signature of this proposal he/she is deemed to have acknowledged all requirements and signed all certificates contained herein. PUBLIC WORKS AGREEMEIYT (Between thc Cih�of Bremerton and CONTRACTOR'S NAME.) -36- Page 1 of 5 C�TY BUILDING, 1720 WARREN AVENUE ROOF REI'LACEMENT MEMBFZnNC ROOFING SYSTEM SI'ECIFICATIONS PART 1 GENERAL 1.1 SECTION INCLUDES A. Membrane roofing system B. Insulation/Underlayment C. Adhesives and Cleaners D. Flashing E. Daily SeallCleanup 1.2 REFERENCE, AS APPLICABLE A. Accordance with the manufacturer's published specifications. B. NRCA(National Roofing Contractors Association)as applicable. C. Conform to procedures when discovering hazardous or contaminated materials with this project. 1.3 QUALITY ASSURANCE A. Qualifications: 1. Installer: Company specializing in installing membrane roofing with minimum of five year's experience. 2. Manufacturer: Company specializing in manufacture of inembrane roofing with minimum of 20 years experience. B. Regulatory Requirements: Comply with UBC (Uniform Building Code), and other applicable codes and regulations. 1.4 SUBMITTALS A. Submit manufacturer's data, samples of roof material &color, and copy of manufacturer's warranties. B. Samples: 1. Submit samples of inembrane roofing type from Manufacturer to City Representative. C. Submit Manufacturer's data on product characteristics and performance criteria for roofing membrane. Page 2 of 5 C1TY BU[LDING, 1720 WARREN AVENUE ROOF REl'LACENtENT M�.MBRANE SI'ECIFICATIONS D. Submit Manufacturer's data on roof jacks (vents)and other roofing accessories. E. Warranties: 1. Submit copy of Manufacturer's Warranty. 2. Submit copy of Installer's Warranty. 1.5 DELIVERY, STORAGE, AND HANDLING A. Packing, Shipping, Handling, and Unloading 1. Deliver and handle per Manufacturer's instructions, requirements, and move recommendations. B. Storage and Protection: 1. Store and protect per Manufacturer's instructions, requirements, and recommendations. 2. Store materials on raised platform or pallets and protect with coverings if stored in weather. Keep dry. 3. Material Safety Data Sheets (MSDS) must be on location at all times during the storage and application of materials. 1.6 WARRANTY A. Installer's Warranty: 1. Provide two (2) year written warranty covering materials and installation for membrane roofing system and flashing from installer. a. Warranty: Include coverage of watertight condition. b. Warranty shall be non-prorated with no dollar limit for entire two years. c. Warranty to begin upon City's acceptance of work. B. Manufacturer's Warranty: 1. Provide minimum ten (10)year written manufacturer's material warranty. 1.7 PROJECT CONDITIONS A. Environmental Requirements: 1. Install per Manufacturer's instructions, requirements, and recommendations. 2. When positioning membrane sheets, exercise care to locate all field splices away from low spots and out of drain sumps. 3. Provide protection, such as 3/ inch thick plywood, for all roof areas exposed to traffic during construction. Plywood must be smooth and free of fasteners and splinters. Page 3 of 5 CITY BUILDING, 1720 WARREN AVENUE ROOF REl'LACEMENT MEMBRANE SI'FCIFIC:nTIONS 4. The surface on which the insulation or roof inembrane is to be applied shall be clean, smooth, dry, and free of projection or contaminants that would prevent proper application of or be incompatible with the new installation, such as fins, sharp edges, foreign materials, oil and grease. 5. New roofing shall be complete and weather tight at the end of the work day. 1.8 MEMBRANE/PRODUCTS Approved products include, but are not limited to: A. White Carlisle Sure-Weld B. Firestone SBS Premium FR Torch C. "Or Equal", substitution requests, ten (10)days prior to bid, delivered to City Representative for approvals. ' 1.9 INSULATION/UNDERLAYMENT A. Insulation shall be rigid insulation material and average to match existing, "ridged insulation board" B. An SAV base sheet shall be applied over the newly installed insulation and shall be self- adhered 2.0 ADHESIVES AND CLEANERS All products shall be furnished by the roofing contractor and specifically formulated for the intended purpose. A. Membrane Adhesive: as recommended by the Membrane Sheet Roofing Manufacturer for particular substrate and project conditions. B. Sheet Sealing System: Manufacturer's standard material for sealing lapped joints. C. Cant and Edge Strips: tapered edge strips, and flashing accessories: types recommended by roofing manufacturer, compatible with roofing materials; cants formed to 45 degree angle, as applicable. D. Roofing Nails: Galvanized, hot dipped type, size and configuration to suit application. E. Sealants: As recommended by the membrane manufacturer. Page4of5 CITY BUlLD1NG, 1720 WARREN AVENUE ROOF FZEI'LACEMENT MEMBRANE SI'ECIFICATIONS F. External seam sealant: As recommended by the membrane manufacturer. G. Sealer: As recommended by the membrane manufacturer. 3.0 MEMBRANE ROOFING SYSTEM 3.01 GENERAL A. Comply with the manufacturer's published instructions for the installation of the membrane roofing system including proper substrate preparation,jobsite considerations and weather restrictions. B. Position sheets to accommodate contours of the roof deck and shingle splices to avoid bucking water. 3.02 MEMBRANE PLACEMENT AND BONDING A. Apply membrane in accordance with manufacturer's written instructions. Unroll and position membrane without stretching. B. Apply membrane; lap and seal edges and ends permanently waterproof. C. Apply smooth, free from air pockets, wrinkles, fish mouths, or tears, and lay it right angles to slope of the work. Ensure full bond of inembrane to substrate. 3.03 FLASHING A. At intersection with vertical surfaces: Apply flexible flashing over membrane. Extend membrane vertically up and over parapet, as required, especially on lower N.W. roof approximately 83 linear feet. Up and over 32" parapet walls. B. Follow manufacturer's typical flashing procedures for all wall, curb, and penetration flashing including metal edging/coping and roof drain applications. C. See attached drawing showing City Building roof locations of vents, HVAC equipment, electrical and drains. 3.04 DAILY SEAL A. On phased roofing, when the completion of flashing and terminations is not achieved by the end of the work day, a daily seal must be performed to temporarily close the membrane to prevent water infiltration. B. Use manufacturer's approved membrane sealer or other acceptable membrane seal in accordance with the manufacturer's requirements. Page 5 of 5 CITY BUILDING, 1720 WARREN AVENUE ROOF REI'LACEMENT MEMBRANE SI'C:CIFICA�( IONS 3.05 CLEAN UP A. Perform daily clean-up to collect all wrappings, empty containers, paper, and other debris from the project site. Upon completion, all debris must be disposed of in a legally acceptable manner. There are no garbage receptacles available on site B. Prior to the City of Bremerton's inspection for acceptance, the applicator must perform a pre-inspection to review all work and to verify all flashing has been completed as well as the application of all caulking. END OF SPECIFICATION ATTACHMENT: City Building Roof Replacement Drawing, showing locations of electrical, vents, HVAC equipment, and drains. Field verify as required. For reference onlv. (Not to scale) Page 1 of 2 CITY BU[LDING, 1720 WARREN AVENUE ROOF REI'LACEMENT SI'ECIAL CONL�I I�IONS SI'�C�II�ICA�TIONS PART 1 GENERAL 1.1 PROJECT SITE A. The project site is City of Bremerton Building located at 1720 Warren Avenue, Bremerton, WA. 1.2 PERMIT FEES A. The contractor shall obtain and pay for any required permits from the City of Bremerton, Department of Community Development. B. The contractor is responsible to call for all required inspections as applicable. 1.3 SAFETY, SECURITY AND USE OF PREMISES A. In accordance with generally accepted construction practices, the contractor will be responsible for security and conditions of the job site, including safety of all persons and property during the performance of the work. B. It will be the contractor's responsibility to secure materials, tools &equipment at any time the site is left unoccupied by the contractor. The contractor shall be responsible for all materials until installed and project acceptance by the City. C. The roofing contractor shall be responsible for all means and methods as they relate to safety and shall comply with all applicable local, state and federal requirements that are safety related. D. Contractor may be required to construct a debris chute to be used during roof removal. This shall be coordinated with the City representative. 1.4 UNOCCUPIED FACILITY A. The entire city building is currently unoccupied and actively"for sale". The contractor will take precautions to prevent the possibility of injury to any city employees, city real estate agents, prospective buyers or any other persons on the property, and will prevent any damage to the building's exterior, interior and landscape areas as required,for the duration of the project. B. Days and hours of work shall be between the hours of 8:OOam and 5:OOpm Monday through Friday. Weekend work or extended hours of work will be allowed only by authorization of the City's Representative. C. The contractor shall provide and service temporary toilet facilities for their staff and workers associated with this project. Roof access shall be by ladder. Page 2 of 2 CITY BUILDING, 1720 WARREN AVENUE ROOF REI'LACEN[ENT SI'ECIAL CONDITIONS SI'ECIFICATIONS D. The contractor shall keep the site accessible for all City of Bremerton Operations. The contractor shall keep all roads, parking areas and work areas as clear as possible. Should disruption be unavoidable, the contractor shall provide approved alternative access routes for departmental functions to the north section of the property E. The contractor shall keep the site clean and orderly at all times and ensure that no materials or loose fasteners are left on any driving or walking surfaces that may injure or damage the public or city employees. F. The contractor shall obey the City's requirements for personnel identification, inspections and other security measures. END OF SECTION AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Award Contract for Exterior Study Session Date: August 12, 2015 Painting of Naval Museum / Building 50 COUNCIL MEETING Date: August 19, 2015 Department: PW & Utilities Presenter: Wayne Hamilton Phone: 473-5207 SUMMARY: A Call for Bids was prepared, advertised, distributed and received in accordance with City Bid Procedures. Three (3) bids were received to paint the exterior of the Naval Museum. The lowest bidder was Sabelhaus West Inc., of Silverdale WA for the amount of$36,065.20 which includes tax. ATTACHMENTS: 1) Bid Tabulation Form; 2) Contract FISCAL IMPACTS (Include Budgeted Amount): Included in the 2015 Facilities Budget STUDY SESSION AGENDA: � No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the contract with Sabelhaus West Inc., of Silverdale WA for the amount of$36,065.20 which includes 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 01/07/15 Page�of! Bi�TinE: r � ,/ � y,�. � _ NAVAL MUSEUM/BUILDING 50—EXTERIOR PAINTING OPENED BY: `�Iw 1 � M.OVI h.C�l� DATE OPENED: AUGUST 10. 2015 TIME OPENED: 2;00 PM RECORDED BY: C��(}� BI BOND NAME OF BIDDER BID ITEM SALES TAX TOTAL �5 1/1'� 3 3 1 Zg• f�Co .7,�S'�� 3 , � D /1�t r� /V�t�� S�i' �• � �� ..� 6 ,�5 G�rG�-f� �� J'�a1�.!Jv .5 �/� 7Q' �/�. SUMMARY TOTAL BID COMMENTS: A DD�� 1/_ ��i ��2� ENGINEER ESTIMATE(INC SALES TAX)$50,000.00 �P SE L 1�(81D •S 3 �/_! � �p THI BI R �� /�� PLI�LIC WORKS AG12EElVIENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Sabelhaus West Inc. ("Contractor"), whose mailing address is 10880 Old Frontier Rd. NW, Silverdale, WA 98383. The parties agree as follows: 1. CONTRACTOR SEI2VICES. The Contractor shall perform the following services for the City: Work of this contract includes: Specific surface preparations, painting of all previously painted surfaces. Supply labor, materials and equipment to complete exterior preparation and painting of approximately 7,100 square feet of specific exterior surface areas of the main building. All surface preparations and painting shall be complete including performing such incidental or other work as may be necessitated by these operations. See technical specifications. 2. TIME OF' COMPLETION. Contractor shall complete the work within 60 sixt calendar days from the date of issuance of the City's Notice to Proceed. 3. COMPENSATION. The City shall pay the Contractor the total amount of $36,065.20, which includes 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. 4. INI)EPENDEN�' 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. PUBLIC WORKS AGREEMENT—Page 1 of 10 Rev. 6/14 (betx�een City of Bremerton und Subelhau.s Wes[/nc.j 5. TE121VIINA'fION. The City may terminate this agreement without notice for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's failure to supply sufficient skilled workers or suitable materials or equipment. B. The Contractor's failure to prosecute the work with such diligence as will ensure its physical completion within the original physical completion time specified in this Agreement and any extensions of time which may have been granted to the Contractor by change order or otherwise. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor disregards the authority of the City. G. The Contractor performs work which deviates from the Contract, and neglects or refuses to correct rejected work. H. The Contractor's failure to provide continuous competent supervision. I. The Contractor otherwise violates in any material way any provisions or requirements of the contract. If the City terminates this agreement for good cause, the Contractor shall not receive any monies due under this agreement, if any, until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. 7. CHANGES. The City may issue a written or oral work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or PUBLIC WORKS AGREEMENT—Page?of 10 Rev. 6/14 (between Cin�of Bremerton and Sabelhaus West lnc.j 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 Dutv to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. PUBLIC WORKS AGREEMENT—Page 3 of l0 Rev. 6/14 (between Cily of Bremerton and Sabelhaus West/nc.) C. Contractor's Acceptance of Chan�es. 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. CLAIIVIS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (]4) 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 i� 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. WA�tItAN'TI'. 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. PUBLIC WORKS AGREEMENT—Page 4 of 10 Rev.6/14 (between City of Brernerton and Sabelhaus West Inc.) 10. INDEIVINI�'ICATION. 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 indemnitication. 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 1NDUSTRIAL 1NSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS 1NDEMNIFICATION. 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. INSi112ANCE. 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 Liabilitv insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liabilitv insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. PUBLIC WORKS AGREEMENT—Page 5 of 10 Rev.6/14 (bet►veen Ciry of Bremerton ancl Sabelhaz�s West Inc.) The City reserves the right to receive a certified copy of all the required insurance policies. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Contractor's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. If this contract requires work to be performed in or on navigable waters, the Contractor shall provide insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for claims made under the Longshoreman and Harbor Workers Act and the Jones Act. 12. MISCELLAN�OUS. A. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement or any sub-contract hereunder, the Contractor, its sub-contractors, or any person acting on behalf of such Contractor or sub-contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, physical disability, or sexual orientation discriminate against any person who is qualified and available to perform the work to which the employment relates. B. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. C. Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Use of Photo�phs and Images. Consultant shall not use or distribute photographs or images depicting City ofticials, personnel, property, or equipment whether prepared by Consultant or provided by City without PUBLIC WORKS AGREEMENT—Page 6 of 10 Rev.6/14 (between Ciry of Bremerton and Sabelhnus West/nc.) 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. Governin�. 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 availahle 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 certitied 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. K. Severabilitv. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of 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. PUBLIC WORKS AGREEMENT—Pa;e 7 of 10 Rev.6/]4 (between City of Bremerton and Sabelhaus West Inc.j 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 WHEI2EOF', the parties below have executed this agreement. CONTRACTOR THE CITY OF BREMERTON Print Name: Print Name: Patty Lent Title: Title: Mayor DATE DATE: Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: Chris Mottner Inventory/Facilities Supervisor Public Works & Utilities 100 Oyster Bay Ave. North Bremerton, WA 98312 (360) 473-2316 (360) 473-�360 (facsimile) APPROVED AS TO FORM: Bremerton City Attorney ATTEST: Bremerton City Clerk R:\L EGA l,\Contracts\FORM S\ShortForm.P W.Agr.doc PUBLIC WORKS AGREEMENT'—Page 8 of 10 Rev. 6/14 (between Ciry of Bremertvn and Sabelhcrus West/nc.j PItEVAII.ING WAGES AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Study Session Date: August 12, 2015 Agreement with Skillings Connolly, Inc., for COUNCIL MEETING Date: August 19, 2015 Bremerton Crosswalk Improvements Department: PW & U Presenter: Tom Knuckey Phone: 473-2376 SUMMARY: On January 20th, the City was awarded an FHWA grant through the Puget Sound Regional Council's Non-Motorized Transportation Program for the Bremerton Crosswalk Improvement project. The project will construct pedestrian improvements at five locations city-wide and includes new curb ramps, ADA signals, lighting, and enhanced safety features at select locations. Three consultants were interviewed to design the improvements and Skillings and Connolly Inc., of Lacey WA was selected. The requested action is approval of the Professional Services Consultant Agreement with Skillings Connolly, Inc., for design of the Bremerton Crosswalk Improvements Project. ATTACHMENTS: 1) Site Plan; 2) Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): The project is included in the Street Fund Budget. The total project cost is $800,000, which includes revenue of$692,000 from the FHWA Grant. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: � Consent Agenda ❑ Generat Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Local Agency Professional Services Lump Sum Consultant Agreement with Skillings Connolly in the amount of$119,668.00 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 01/07/15 i __ _ � i - � � -� - . . -- ; � KITSAP WAY AND HARLOW DR. � ► , HI'GH AVENUE AND 11 TH ST. ' .,. � . � . - . , , - - . � � _ � � . .. � . , = - i . _, - ; ; KITSAP WAY =AN D 11 TH ST. - _ - � , _ . ; � _. , , � - __ ' � . � � _ : - � �: H,IG-H AVENUE AND 6TH ST. � _ . - _ � � � - - _ - � - - � , - �, � �� S R304 AN D 1 ST ST. ` __ - � � . - J � . _ , , _ , _ . CITY OF BREMERTON VICINITY MAP NON-MOTORIZED APPLICATION Local Agency Professional Services Lump Sum Consultant r4greement Agreement Number: 150630-Skillings Does this Require DES filing? ❑ Yes � No FirmlOrganization Legal Name(do not use dba's): Slcillings Connolly, Inc. Address Remit to Address 5016 Lacey Blvd. SE PO Box 5080 UBI Number Federal TIN or SSN Number 600--491-794 91-1212924 Execution Date Completion Date 12/31/2016 1099 Form Required Federal Participation [� Yes � No ✓� Yes ❑ No Description of Work BREM�RTON CROSSWALK[MPROVEMENTS Engineering and design services to upgrade five intersections to improve their safety. In addition to evaluating advanced waming systems and signing,it is the City's intent to bring each intersection into compliance with current Americans with Disabilities Act standards,including Accessible Pedestrian Signals,a HAWK signal system,new rectangular rapid flashing beacons(RRFB)systems and curb ramps. The intersections included in this scope are: Kitsap Way and 1 lth Street and High Avenue,6th and High Avenue,SR 304 and 1 st Street,Kitsap Way and Harlow Drive. Consultant work will include surveying,preliminary engineering,environmental, final design,and other work as requested by the City. No right-of-way phase is anticipated as part of this scope. ❑ Yes % Q No DBE Participation Maximum Amount Payable: $119,fi68.00 ❑ Yes % Q No MBE Participation ❑ Yes % ❑� No WBE Participation ❑ Yes % Q No SBE Participation Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electranic Engineering and Other Data Exhibit D Prime Consultant Cost Camputations Exhibit E Sub-consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit H Liability Ir�surance Increase Exl�ibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: 150630-Skillings Lnr.al Aaencv Professional Servlr.es Lumo Sum ConsultantAa�amRnt Pana 9 nf iA THIS AGItEEMENT, �nade and entered into as sllown in the"Execution Date"box on page one(1)of this AGF.��MENT, between the , hereinafter called the"AGENCY,"and the"Firm/Organi�ation Name"referenced on page one (1)of this AGREEMENT,hereinafter called the"COl�'SULTANT." WHEREAS,tlie AGENCY desires to accomplish the work referenced in"Description of Work"on page one(1) of this AGREEMENT and hereafter called tlie"SERVICES;"and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS,the CONSULTANT represents that they comply with the Washington State Statirtes relating to protessional registration, if applicable, and has signified a willingness to fiunish consulting services to the AGENCY. NOW,THEREFORE, in coi�sideration of the ternls, conditions, covenants, and performance contained herein, or attacl�ed and incorporated and made a pa��t hereof,the parties hereto agree as follows: I. General Description of Work Tl�e work under this AGREEMENT st�all consist of the above-described SERVICES as herein defined, and necessaiy ta accomplish the completed work for this project. The CONSULTANT shall fiiriush all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in tlus AGREEMENT. II. Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit"A"attached hereto and by this reference made a part of tlus AGREEMENT. The Scopc of Work was developed urilizinb performance based contracting methodologies. ill. General Requirements All aspects of coorduiaiion of tlie work of this AGREEMENT with outside agencies, groups, or individuals sha11 receive advance approval by the AGENCY. Ne�essary contacts and meetings with agencies, groups,and/or individuals shall be coordinated througii the AGENCY. The CONSIJLTANT shall attend coordinatioii,progress, and presentation meetings with the AGENCY and/or such State,Federal, Community, City, or County of�icials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT garticipation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in E;chibit"A." The CONSULTANT shall�repaze a monthiy progress report, in a form approved by the AGENCY,which will outline in written and graphical form the various phases and the order of performance of the SERVICES in suf�icient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State,and local laws, niies, codes,regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: 150630-Skillings Loca/Aaencv Professfnna/Servlces Lumn Sum Consultan[Aamement parrn 9 nf 4 4 Participation for Disadvantaged Busiiiess Enterprises (DBE) or Small Business Enterprises(SBE), if required, per 49 CFR Part 26 shall be shown on the heading of this AGREEMENT. If DB�firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit"B"attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a D$E certified firm they must comply with the Commercial Useful Function(CUF)regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required,that non-DBE Prime CONS[TLTANTS perform a minimum of 30% of the total amount of this AGREEMENT. The CONSULTANT, on a monthly basis, is required to subnut DBE Participation of the amounts paid to a11 DBE firms invoiced for this AGREEMENT. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files,prepazed by the CONSULTANT, must meet the requirements as outlined in Exhibit"C— Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including a11 electronic files,prepared by the CnNSULTANT prior to complerion or terruination of this AGREEMENT are instruments of service for these SERVICES,and are the properiy of the AG�NCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writin�and sent to the other party by(i) certified mail,return receipt requested, or(ii)by email or facsimile,to the address set forth below: If to AGENCY: If to CONSi7LTANT: Name: Shannon Corin Name: Thomas E. Skillings, PE Agency: City of Bremerton Agency: Skillings Connolly, Inc. Address: 345 6th Street, Site 600 Address: 5016 Lacey Blvd. SE City: Bremerton State: WA 'Lip: 98337 City: Lacey State: V1lA Zip: 98503 Email: shannon.corin@ci.bremerton.wa.us Emaii: tskillings@skillings.com Phone: 360.473.5323 Phone: 360.491.3399 Facsimile: 360.473.5200 Facsimile: 360.491.3857 IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. This AGREEMENT may require filing with the Deparhnent of Enterprise Services (DES) pursuant to RCW 39.26.140. If such approval is required by DES,this AGREEMENT shall not bind the ACrENCY until approved by DES. If the AGREEMENT must be approved by DES, work cannot begin,nor payment made until ten(10}or more working days following the date of filing, and until approved by DES. Any subsequent SUPPLEMENTAL AGREEMENT may also be subject to filing andlor approval from DES. All work under this AGRECMENT shall be completed by the date shown in the heading of this AGREEMENT titled "Completion Date." 1'he established completion tinie shall not be extended because of any delays attributable to the CONSIJLTANT,but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD,or govemmental actions, or other conditions beyond the control of the CONSULTANI'. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: 150630-Skillings I nrnl Anennv Dr�nfoccfnn�J Son•inae 1��rnn Ci��n/'nnr..l�enf Anr.+nr..nns o.,,.,,7„s�� V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for cornpleted SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be fiill compensation for SERVICES performed or SERVICES rendered and for all labor,niaterials, supplies,equipinent,and incidentals necessary to complete SERVICES. The CONSUi.TANT shall conform to all applicable portioi�s of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the lump sum a�nount is attached hereto as Exhibits"D"and "�"and by this reference made.part of tlus AGREEMENT. A. Luinp Stun Agreement: Payment for all consulting SERVICES shall he on tlie basis of a lutnp sum amount as shown onpage one(1) ofthisAGREEMENT. B. Maximum Amount Payable:The Maximum Total Amount Payable by the AG�NCY to tl�e CONSULTANT under this AGREEMENT sliall not exceed the amount shown in the heading-of this AGItEEMENT ou page one (1.)The Maximum Amount Payable does not include payinent for extra work as stipulated in section XIII, "Extra Work."No minimi�m airioi�nt payable is guaranteed under this AGI2EEMENT. C. Monthly Progress Payments:The C�NSULTANT may�submit billiiigs to the AGENCY for reimbursement of costs on a monthly basis. To�provide a means of verifyi�g the biiled salary costs for the CONSULTANT's employees,the AGENCY may conduct employee interviews. These interviews nzay consist of recording the naines,titles, salary rates, a�1c1 present duties of those eni�loyees perforniuzg work on#he SERVICES at the time of the interview. D. Final Payment:Final Payment of any balance due the�CONSULTANT of the �ross amount earned will be made promptly upon its verification by#he AGENCY a$er the completion of the SERVICES under this AGREEIv1ENT, contingent, if applicable,upon receipt of all PS&E,plan�s,niaps,notes,reports,.electronic data,and other related documents which.are required to be furnished under tliis AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSUL'TANT may have against the AGENCY.unless such claims are specifically reserved�n writing and transmitted to the AGEIVCY.by tlYe CONSULTANT prioi to its acceptance. Said Final Payment shall not, however, be a 6ar to a�iy claims tl�at tl�e AGENCY may have against the GONSU�.TANT or to any remedies thc AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item•and at the time of fina!audit all required adjustments will be made and reflected in a final payment. In the event that such final �udit�reveals an ovcrpayment to tlie CONSU�,TANT, t(ie CONSULTANT will refund such over}�ayment to tl�e AGENCY within thiriy (30)calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the C�NSULTANT for any clauns relating to the validity of a find'uig by the AGENCY of overpayment. Per the WSDOT's"Audit Guide for Consultants,"Chapter 23 "Resolution Procedures,"the CONSULTANT has twenty (20)working days after receipt of the final Post Audit to begin the appeal process to ihe AGENCY for audit findings. E. Inspection of Cost Records: The CONSULTANT and their sub-coi�sultants shall keep evailable for inspection by representatives of the AGENCY and the United�States, for a period of six(6)years after receipt of final paymeut,the cost records and accounts pertaining to this AGREEMEN�'and all items related to or bearing upon these records with the following exception: if any litigation,claim or audit arising out of, in connection with, or related to this�AGREEMENT is initiated before the expiration of the six(6)yeaz period,the cost records and accounts shall be retained until such litigation,claim, or audit involving the records is completed. A post audit may be performed on this AGR�EMENT. The audit, if any, will be performed by the State Auditor,WSDOT's internal Audit Office and/or at the request of the AGENCY's Project Manager Sub-Contracting Agreement Number: 150630-Slcillings Loca!Aaencv ProfesslonaJ Servlces tumv Sum Cnnsuitant AareRmenr Pana Q nf f? The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit"A"attached fiereto and by tHis reference made part of this AGRBEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under tltis AGREEMBNT without prior written pernussion of the AGLNCY. No permission for subcontracting shall create, between the AGENCY and sub-cons��ltant, any contract or any other relationship. Compensation for this sub-consultant SEiZVICES shall be based on the cost factors shown on Exhibit"E"attached hereto ancl by this reference rnade part of this AGREEMENT. Ali reimbursable direef labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consul#ant shall be ilegotiated and substantiated in accordance with section VI"Payment Provisions"herein and shall be niemorialized in a final written.acluiowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT,and the CONSULTANI'shall reyuire each sub-consultant or subcontractor, of any tier,to abide by the terins and coi�dirions of this AGREEIVIENT. VV'ith respect to sub-consultant payir►ent,the CONSULTANT shall comply with all applicable sections of the STATE's Pronipt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. �Tlie CONSU�,TANT;sub-recipient, or sub-consultant sliall�ot discriminate on the basis of race,color,national origin, or sex in tlie perfonnance of this AGRE�MEN?'. Tt►e CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administratiori of DOT.assisted contracts.. Failure by the CONSULTANT to carry out these requirements,is a material breach of this AGREEMENT, which may result in the terminatioi►of this AGREEMENT or such other reniedy as the recipient deems appropriate. VI. Employment and Organizational �onflict of Interest The CONSULTANT warrants tl�►at they.have not employed or retained any company or person,other than a bona fide employee working solely foi t�e CONSULTANT, to solicit or secure this coiltract,and tliat it has not paid or agreed to pay any company or person, other dian a bona fide empioyee worlc�ng sole�y far the CONSULTANT,any fee, coinmission,percentage, brokerage fee, gift,or any other consideration,contuigei�t upoii or resulting from the award or making'of tlus cont�act. For�breacli or violation of this warrant,the AGENCY shall liave tlie right to annul this AGREEMENT without iiability or, in its discretion,to ded�sct fiom the AGREEMENT price or consideration or otherwise.recover the full amourit of such fee, commission,�percentage,lirokerage fee, gii�,or contingent fee. Any and.all ernployees of the CONSULTANT or other�ersoiis vi+hile engaged in the perforr►iance of any work or services eequired of the CONSULTANT under this AGREEMENT, shall be considered e►nployees of the CONSULTANT only and not of the AGENCY, aad any and all clauns that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while.so engaged,and any and all claims made by a tlurd party as a consequence of any act or onussion on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered hei•ein,shall be the.sole obligation and responsiliility of the CONSULTANT. The CONSULTANT shall not engage,.on a full-or part-time basis, or other basis,during the period of#his AGREEMENT,any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees,witfiout written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. Agreement Nuinber: 15063U-Skillings Lnr.al Aaanr.v Pmfassi�nal SRrvireS Lumn Sum Cnnen/fa»f Anrapmanf pono a„E e� VII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTI�NT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 • Civil Riglits Restoration Act of 1987 (42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 1U0-259) through 2000d-4a) • American with Disabilities Act of 1990 • Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § i2101 et. seg.) (23 U.S.C. Chapter 3 � 324) • 23 CFR Part 200 • Rehabilitatioii Act of 1973 • 49 CFR Part 21 (29 U.S.C. Chapter ib Subchapter V § 794) • 49 CFR Part 26 • Age Discrinunation Act of 1975 • RCW 49.60.180 (42 U.S.C. Chapter 76 § 6101 et seq.) In relation to Title VI of the Civil ilights Act of i 964,the CONSULTANT is bound by t�e provisions of Exhibit"F" attached hereto and by this reference inade part of tlus AGREEMENT, and sliall include the attached Exhibit"F"in every sub-contract, including procurement of materials and leases of equipment, Luiless exempt by tlie Regulations or directives issued pursuant thereto. 1/111. Termination of Agreement Tlie right is reserved by the AGENCY to terminate this AGitEEMENT at any time with or without cause up�n ten (10) days written notice to the CONSLTLTANT. In the event this AGREEMENT is terminated by the AGENCY,other than for default on the part of the CONSULTANT, a&nal payinent shali be made to tlie CONSULTANT which,when added to any payments previously inade,shall tatal the same percentage of the Lump Swn Amount as the work completed at the t�me of termination is to the total work required for the SERVICES. In addition,the CONSULTANT shall be paid for any authorized extra work completed. No payment shall be made for any S�RVICES completed after ten(10) days following�eceipt by the CONSULTANT of the notice to terminate. If the accumulated payiment made to the CONSULTANT prior to Notice of T'ermination exceeds the total amount fliat would be due wl�en computed as set forth in}�aragraph two(2) of this section, then uo finai payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSUi,TANT are terrninated by the AGENCY for default on the part of the CONSULTANT, the above forrnuia for payment shall not apply. In the event of a termination for default,the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual casts incurred by the CONSCJLTANT in performing SERVICES to tl�e date of termination,the amount of SERVICES originally required which was satisfactorily completed to date of termination, whether that SERVICE is in a form or a type wluch is usable to the AGENCY at the time of termination,the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circutnstances shall payment made under this subsection exceed#he amount, which would have been made using the formula set forth in paragraph two (2)of this section. If it is determined for any reasoii that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault oz negligence,the termination shall be deemed to Ue a ternunation for the convenience of the AGENCY. In such an event,the CONSULTANT would be reimbursed for actual costs in accordance with the temiination for other th�n default clauses listed previously. Agreement Number: 150630-Slcillings 1 n�ol dNcnr�i Prnfnccinna/Cunil�nc 1 i�mn Ci�m�...,�,.i�„+e...ao.,,e.,� De..w R..f 19 The CONSULTANT shall,within 15 days, notify the AGENCY in writing, in the event of the death of any member, parhier,or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other-key personnel assigned to the project�or disaf�'iliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writ'vig, in the eveiat of the sale or transfer of 50%or niore of the beneficial ownerslup of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete tb,e SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of tlus AGREEMENT. If tennination for convenience occurs,fii�al payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this secrion. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may�ave against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT,or for failure of the CONSULTANT to perform SERVICES re.quired of it by,the AGENCY. Forbearance nf any rights under the AGREEMENT will not constitute waiver of entitlement to exercise tt�ose rights with respect to any future act or omissiou by the CONSULTANT. IX. Changes of Work The CONSULTANT shall make sucl�changes and revisions in the conipleted work of this AGREEMENT as necessary fio correct enors appearing therein, without additional compensation thereof. Should the AGENCY fiud it desirable for�its own purposes to have previoi►sly satisfactorily completed SERVICES or parts thereof changed or revised,the CONSULTANT sl�all make such revisions as directed by the AGENCY. This work sha11 be considered as Ex#ra Work and will be paid for as herein provided under section XIII"Extra Work." X. Disputes Any disputed�issue not resolved pursuant to the terms of this AGR�EMENT shall be submitted in writing within 10 days to the Director�f Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT;provided however,that if an actioii is brought challenging the Director of Public Works or AGENCY Engineer's decision,that decision shall�e subjecY to judicial reyiew If the parlies to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit"3". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT,this action shall be initiated in the Superior Court of the State of'Washington,�situated in the county in which the AGENCY is located. The parties hereto apree that all questions shall be resolved i�y application of'Wasliiiigton law and that the parties have the right of appeal from,such decisions of the Superior Court in accordAnce with the laws of the State of Washington. The CONSLJLTANT hereby consents to the personal�jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. XI. Legal Relations The CONSULTANT,any sub-consultants, and the AGENCY shall coinply with all Federal, State,and local laws, rules, codes,re�ula#ions and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. 1'his�,GREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold the State of Washington(STATE)and the AGENCY and their officers and employees harrnless from a!1 claims,demands, or suits at law or equity arising in whole ar in part from the negligence of,or the breach of any obligation under this AGREEMENT by,the CONSULTANT or the CON5L7LTANT's agents,employees, sub consultants, subcontractors or vendors, �f any tier, or any other persons for whom tfie CONSULTANT may be legaily liable;provided that nothing herein shall require a CONSULTANT Agreement Number: i50630-SkiIlings I nral bnAnr.v PrnfaxcTnnal SArvir.A�/rimn Cum/`nn��/fant Ilnraampn! ' Pann 7 nf 1 a to defend or indemnify the 5TATE and the AGENCY and their of�cers and employees against and hold harmless the STATE and the AGENCY asid their officers and employees from claims, demands ar suits based solely upon the negligence of, or breach�f any obligation under this AGREEMENT by the S'TATE and the AGENCY,their agents,officers,employees, sub-consultants, subcontractors or vendors, of any tier,or any other persons for whom the STATE and/or flle AGENCY may be legally liable; and provided fiirther that if tlie claims or suits are caused by or result from the concurrent negligence of(a)the CONSULTANT or the CONSULTANT's agents, ernployees, sub-consultants, subcontractors or vendors, of any tier,or any other persons for whom the CONSULTANT is legally liable, and(b)the STATE and or tlie AGENCY,their agents,officers,employees,sub-consultants, subcontractors and or vendors,of any tier, or any other persons for whom the STATE and or the AGENCY may be legally liable, tlie defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence aFthe CONSULTANT's agents,employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultaut,st�bconhactor and vendor,of ai�y tier. The CONSUT�TANT shail also defend, inderanify,and hold�he STATE and the AGENCY and their oi�icers and enipioyees harmless fron3 all claims, demands, or suits�at law or equity arising in whole or in part from the alleged patent or copyrigi�t infringement or other allegedly improper appropriation or use of trade secrets,patents, proprietary information,know-liow, copyright rights or urventions by the CON;ULTANT or the CONSULTANT's agents,employees, sub-consultants, subcontractors or vendors,of any tier,or any other persons for whom the CONSULTANT may be legally liable, in perforniance of tlte Work under this AGREEIv1ENT or arising out of any use ii�connection with tlle AGREEMENT of inethods,pracesses, designs, information or other items fumished or coiru�iunicated.to STATE and/or the AGENCY,their agents, officers and employees pursuant to the AGREEIViENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation�or use of trade secrets,patents,proprietary information, icnow-how,copyright rights or inventions resulting from STAT�'s and/or the AGENCY's,their agents',o1�'icers'and employees'failare to corrlply witti specific written instructions regarding use provided to STATE and/or the AGENCY,their ager�ts,officers and employees�y the CONSULTANT, its agents, employees, sub-consultants,subcontractors or vendors,of any tier,or any odier persons for whom the CONSULTANT may be legally liable. Tiie CON�ULTANT's relatinn to the AGENCY sliall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal,the AGENCY may, in its sole discretion,by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and exanunation by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of,or performance under,this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own eniployees or its agents against the STATE and/or the AGENCY and, solely for the purpase of this indemnification and defense,the CONSULTAI�IT specifically waives any immunity under the state industrial insurance law,Title 51 RC W. This waiver has been mutually negotiated by the Parties. Unless otlierwise specified in this AGREEMEN'T, the AGENCY shall be responsible for administration of construction contracts,if any,on the project. Subject to the processing of a new sole source,or an acceptable supplemental AGREEMENT,the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques,job site s�fety, or any construction contractor's failure to perform its work in accordance with the contract dociune�ts. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required,tlie�ollowing insurance with compazues or through sources approved by the State Insurance Couzmissioner pursuant to Title 48 RCW. . Agreemcnt Number: 150630-Skillings I nr.al AnAnr.v Prnfacelnnal Carvir.Ac!r�mn S��m f`nnce�ltnnt bnmamcn� G�roe R..s e� Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STI�TE. B. Commercial general liability insurance written under TSO Form CG 00 O1 12 04 or its equivalent with minunum limits of one million dollars ($1,000,000.00)per occurrence and two million dollars ($2,000,000.00)in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 O1 10 O1 or equivalent providing coverage for any "Auto" (Symbol l)used in an amount not less than a one million dollar($1,000,000.00)combined single limit for each occurrence. Exceptin�the Worker's Compensation Insurance and any Professional Liability Insurance,the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub- consultant andlor subcontractor as an additional insured (the "AIs"), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-coniributory and any coverage maurtained by the AIs shall be excess over,and shall not contribute with,the additional insured coverage required hereunder. The CONSULTANT's and the sub-consulta.nt's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements requued by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. A]] insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The C�NSULTANT shall submit a verification of insurance as outlined above within fourteen(14) days of the execution of this AGREEMENT to: Name: lerry Hauth Agency: City of Bremerton Address: 3027 Olympus Drive City: Bremerton Sta.te: WA Zip: 98310 Email: jerry.hauth@ci.6remerton.wa.us Phone: 360.473.2354 Facsimile: 360.473.5 398 No cancellation of the foregoing policies shall be effective without thirty (30)days prior notice to the AGENCY. The CONStTLTANT's professional liability io the AGENCY, including tha.t which may arise in reference to section IX"Termination of Agreement" of ihis AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater,unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case sha11 the CONSULTANT's professional liability to third parties be limited in any way. The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of tlus AGREEMENT. The AGENCY will pay no progress payrnents under section V"Payment Provisions"until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. Agreement Number: 150630-Skillings !n�al dnvnr.v PrnfAcclnna!Cprviroc I i�mn S��m I'.nnc��ftanl eriroomonl Aenn O nf 4? XII. Extra Work A. The AGENCY may at any time, by written order,make changes witlun the general scope of this AGREEMENT in the SLRVICES to be perfarmed. B. If any such change causes an increase or decrease in the estimated cost of, or tUe tinie required for,performance of any part of the SERVICES under this AGREEMENT,whether or not clianbed by the order,or otherwise affects any other terms and conditions of this AGREEM�NT,the AGENCY shall make an equitable adjustment in the: (1)ma�:imuin amount payable; (2)delivery or completion schedule, or both; anci(3)other affected ternis and shall modify tlus AGR�EMENT accordingly. C. The CONSULTANT must submit any"request for equitable adjustment,"hereafter referred to as"CLAIM," under tl�is clause within tvirty(30)days from the date of receipt of the written order. However, if the AGENCY decides that the facts justif'y it,the AGENCY may receive and act upon a CLA1M submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispvte under the section XII"Disputes"ciause. However,nothing in this clause sliall excuse tlie CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs(A.)and(B.) above,the maximum amount payaUle for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement fio this AGREEMENT. XIII. Endorsement of Pians If applicable,t�e CONSULTA3�tT shall place their endorsement on all plans, estimates, or any other engincering data furnished by them. XlV. Federaf Review The Federal Highway Administration shall have the right to participate in the r�eview or examination of the S�RVICES in progress. XV. Certification of the Consultant and the AGENCY Attached hereto as Exhibit"G-1(a and b)"are the Certifications of the CONSULTANT and the AGENCY,Exhibit "G-2"Certification Regarding Debaiment, Suspension and Other Responsibility Matters-Primary Covered Transactions,Exhibit"G-3"Certification Regarding tlie Restrictions of the Use of Federai Funds for Lobbying and Exhibit"G-4"Certificate of Current Cost or Pricing Data. Exhibit"G-3"is required only in AGREEIvI�NT's over one hundred thousand dollazs{$100,000.00) and Exhibit"G-4" is required only in AGREEMENT's over five hundred thousand dollars($500,000.00.)These Exliibits must be executed by the CONSULTANT, and submitted with tlie master AGREEMENT, and retumed to WSDOT at the address listed in section III"General Requirements" prior to its performa�ice of any SERVICES under this AGREEMENT. XVI. Complete Agreement This document and referenced attachments contain all covenants, stipulations,and provisions agreed upon by the parties. No agent, or representative of either party has au#hority to make,and the parties shall not be bound by or be liable for, any statement, representation,promise or agreeinent not set forth herein. No changes,amendments,or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. Agreement Number: 150630-SkillingS Local Aaencv ProfessJonal Services Lumn Sum Consultant Aareement Pana 4n.,f�r4 �CVII. �xecution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal ef�ect. The CONSULTANT does hereby ratify and adopt all statenients, representations, warranties,covenants, and AGREEMENT's contained in the proposal,and the supporting material submitted by the COi�1SULTANT,and does hereby accept this AGREEMENT and a�rees to all of the terms and condiiions thereof. XVIII. Protection of Confidential Information The CONSLTLTANT acknowlcdges that some of the materia] and inforination that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of infonnation that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federai statutes("State's Confidential Information"). TI3e"State's Confidential Information"includes, but is not limited to, �ames, addresses, Social Security numbers,e-mail addresses,telephone nunibers,financial profiles, credit card infoimation,driver's license numbers,medical data,�law enforcement records.(or any other information identifiaUle to an individuai), STAT'E and AGENCY source code or object code, STATE and AGENCY security data,non-public Speci&cations, STAfE and AGENCY non-publicly available data, proprietary softwaaze,STATE and AGENCY security data, or infonnation which may jeopardi2e any part of the project that relates 2o any of these types of information. The CONSiJLTANT agrees to hold tlie State's Confidential Information in strictest confidence and not to make use of the State's Confidential Infor�nation for any p�upose other than the performance of this AGREEMENT,to release it only to authorized employees, sub-consultants or subcontractors requirin�such information for the purposes of carrying out this AGREEMENT, and not to release,diwlge, publish,transfer, sell, disclose, or otherwise make it laiown to any otl�er pariy without#he AGENCY's express written consent or as,provided by law. The CONSULTA1�iT agrees to release such information or material only to einployees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT,the terms of which have been pr•eviously approved by the AGENCY. The CONSULTANT agrees to implement pliysical;electronic, and manageiial safeguards to prevent unauthorized access to the State's Confidential Information. Imniediately upon expiration or termination of this AGREEMENT,the CONSiJLTANT shall,at tlle AGENCY's option: (i) certify to the AGENCY that#he QONSULTANT has destroyed all of the State's Confidential Information; or{ii)returiied all of the State's Confidential Iufortnation to the AGENCY;�or(iii)take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidentiai Information. As required under Executive Order 00-03,the CONSi1LTANT shall maintain a io�documenting the follo�ving: the State's Confidential Information received in the performance of this AGREEMENT;the purpose(s) for which the State's Confidential Inforniation was received; who received; maintained and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection,review, or audit upon reasonable notice froni the AGENCY. The AGENCY reserves the right to monitor,audit,or investigate flie use of the State's Confidendal Inforu�ation collected,used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring,auditing,or investigatin�may include, but is not limited to, salting databases. Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in tertnination of this AGREEMENT and demand for return of all State's Confidential Infortnation,nzonetary damages, or penalties. It is understood and acknowledged tliat ihe CONSULTANT may provide the AGENCY with information�vhich is pro}�rietary and/or confidential durii�g ihe term of this AGREEMENT. `The parties agree to maintaii�the confidentiality of such infonnation during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidentiai informatioii shall be clearly identified and inarked as"Confidential"and shall be retumed to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. Agreement Number: 150630-Skillings LocalAaencvProfesslonal Se�vices Luma Sum ConsultantAaraAmpnf o._.... _�.� The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in natiire: {a)at the cominencement of the terin of this AGREEMENT; or(b)as soon as such confidential or proprietary materia!is developed,whichever is. "Proprietary and/or confidential information"-is not meant to include any information wl�ich, at the time of its disclosure: (i) is already kr►own to the other party;(ii) is rightfi�lly disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party;(iv) is publicly lcnown;or(v)is generally utilized Uy unaffiliated third parties engaged in the same business or Uusinesses as the�CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such,the AGENCY shall maintain the confidentiality of all such inforination marked proprietary and/ or confidential or otherwise exempt, unless such disclosure is required under applicable state oa federal law. If a public disclosure request is inade to view materials identified as"Proprietary andlor confidential information"or otherwise exempt information,the AGENCY will notify tl�e CONSULTANT of tlie reyuest and of#he date that such records will be released to#t�e requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining tliat disclosure. If the CONSiJLTANT fails to obtain the court.order enjoining disclasure,the AGENCY will release the�requested information on the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding.disclosure that may include a sub=consultant's�roprietary and/or confidential information. The CONSULTANT nvtification to the sub-consultant will include the date that such records will�be released by the AGENCY to the requester and state that iinless the sub-consultant obtains a court order from a court of competent jurisdicrion enjoining that di�closure the AGENCY will release the requested information. If ttie CONSULTANT and/or sub-consultant fail to ubtain a court order or other judicia� relief enjoining the AGENCY by the release�date,the CONSULTANT sliall waive and release and shall l�old hannless anci indemnify the AGENCY from all claiins of achial or alleged iiamages, iiabilities,or costs associated with#he AGENCY's said disclosure of sub-consultants'�iriformation �Clx. Records Maintenance During the progress of the Wark and �ERVICES provided hereunder and for a period of not less than six(fi)years from the date of final payment to the CONSULTANT, the C�NSULTANT shall keep,retain and maintain all "documents"pertaining to tHe SERVICES�provided pursua��t to tliis AGREEMENT. Copies of all"documents" pertaining to the SERVICES provided hereunder shall be made available�or review.at the CONSULTANT's place of business during normal working liours. If any iitigation,claim or audit is coiYimenced, the CONSULTANT'shall eooperate with AG�NCY and assist in the production of all such documents. "Documents"shall be retained until all liti�ation, claitns or audit findings have been resolved even though such litigation,�claim or audit continues past the six(6)year retention period. For purposes of this AGREEMENT, "documents"means every writing or record of every type and description, including electronically stored information("ESi"j,tliat is in the possession,control, or custody of the CONSULTANT, including,without limitation,any and all correspondences,contracts,AGREEMENT `s, appraisals,plans,designs,data, surveys,maps, spreadsheets,memoranda, stenograpluc or handwritten notes,repoi#s,records,telegrams, schedules,diaries,notebooks,lo�books,invoices,accounting records, work sheets, charts, notes,drafts, scribblings,recordings,visual displays,photographs,minutes of ineetings, tabulations,computations, summaries, inventories, and writings regarding conferences,conversations or telephone conversations, and any and all other taped, recorded, written,printed or typed matters of any kind or description; every copy of the foregoing whether or not tlie original is in the possession,custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. Agreement Number: 150630-Slcillings Local Aoencv Professlonal SQrvlr.Rs l.uma Sum Consultant AnraAmwnt e..--•�-�� For purposes of this AGREEMENT,"ESI"means any and all computer data or electronic recorded media of any l:ind, including"Native Files",that are stored in any medium from which it can be retrieved and examined,either directly or after h�anslation into a reasonably useable form. ESI may include information and/or documentation stored in various softw�•e programs such as: Email,Outlook, Word,Excel,Access,Publisher, PowerPoint,Adobe Acrobat, SQL databases, or any other software or elech•onic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers,backup tapes, smart phones,thtunb drives, CDs,DVDs, floppy disks, work computers,cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by#he CONSLJLTANT or any sub-consultant at home. "Native files"are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and/or modified. The CONSULTANT shall include this section XX"Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. Iii witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date"box on page one(1)of this AGREEMENT. ."� �-:r��- %�� C,� �� ' - � "� July 20, 2015 Signature •'� � ��J Date _, Signature Date Any mod�cation, change, or reformation of this AGREEMENT shall require approval as to,form by the O�'ice of the Attorney General. Agreement Number: 150630-Skillings I nr.al AnAnr.v PmfAeclnnm/Sarvlrwc 1 umn C�rm!`nn,eidfanf arrrcomont Pnr.n��..s�4 Exhibot A Sco�e of VVorfr Project No. 42105 See attached. . Agreement Number: 150630-Sldllings WCnf)T Fivm 1d/lJ1RA FF FYhlh1l.A Pano 4 n�� I Project No: 42105 EXHIBIT A SCOPE OF WORK Prepared for: City of Bremerton Crosswalk Improvements Design May 7,2015 Introduction The following scope of work delineates tasks to be performed as pa�t of the agreement between Skillings Connolty, lnc.(Consuttant)and City of Bremerton(City). The City of Bremerton is requesting engineering and design services to upgrade five intersections to improve their safety.In addition to evaluating advanced warning systems and signing,it is the Cit�s intent to bring each intersection into compliance with current Americans with Disabilities Act(ADA) standards, including Accessible Pedestrian Signals,a HAWK signal system, new rectangular rapid flashing beacons(RRFB)systems and curb ramps.This project has received federal STP grant funding from Puget Sound Regional Council(PSRC)therefore all LAG manual requirements will be followed. The intersections included in this scope are: • Kitsap Way and 11th Street • 11th Street and High Avenue • 6th Street and High Avenue • SR 304 and 1st Street • Kitsap Way and Harlow Drive Consultant work will include surveying,preliminary engineering,environmental,final design,and other work as requested by the City. No right-of-way phase is anticipated as part of this scope. Pro%ect Assumptions: � All plan sheets will be prepared in AutoCAD v.2015 format. • All roadway design will be done using Civi13D v.2015 software. • Special Provision with be in WSDOT format and completed in PS&E Runlist • Design completed by December 2015 • Construction will take place 2016 • All work will follow the LAG Manual processes � City will provide Right of Way plans � City will provide As-Builts of each intersection • City will provide an electronic copy of all City standards including standard plans to be used in this project. Washington State Department of Transportation Specifications and Standards will be used if there is not a City standard. Agreement No: 150630-Skillings Project No: 42105 • City will complete any right of entry forms required for the project. • City will provide latest federally funded special provision boilerplate in word format. • Crosswalks upgrades will not be addressed as part of the project unless specifically mentioned in this scope.An MEF document will be written and the crosswalks will be addressed as part of a future project. • The plans and design will not address the existing retaining walls at 11'h Street and High Avenue. Changes may need to be made during construction based on what is observed after demo of existing sidewalk. • No soil borings will be required. References: The Consultant will perform services set forth in this SCOPE OF WORK on behalf of the City using procedures specified by the City and in compliance with the standards and requirements set forth in the following procedures, regulations and most current(at the time of execution of this agreement�adopted manuals which by reference,are made a part of this Agreement. • Current(as of the date of execution of the agreement)applicable City standards and ordinances (Provided by the City). • Current(as of the date of execution of the agreement)versions of the following publications and manuals will be applicable. o Standard Specifications far Road, Bridge, ond Municipa! Construction -2016 (available October,2015), published by the Washington State Department of Transportation{WSDOT}. o Standord Plons for Road, Bridge,and Municipol Consfruction, published by WSDOT. o Highway Design Manual, published by WSDOT. o Local Agency Guidelines,published by WSDOT. o A Policy on Geometric Design of Highways and Streets,published by AASHTO. o Roadside Design Guide, published by AASHTO. o Manual on Uniform Traffic Contro! Devices, published by the U.S. Department of Transportation, Federal Highway Administration,as amended and app�oved by WSDOT. o Construction Manual, published by WSDOT. 0 2005 Public right-of-way Accessibility guidelines(PROWAGJ o Department of Ecology's Stormwater Manua!for Western Washington Task 1—Project Management This task includes Consultant management of staff and subconsultants, invoices and progress reporting, progress meetings,peer review/qA/QC,and internal staff team progress meetings. Assumptions: • Notice to Proceed will be received in June of 2015 � Weekly meeting will be by phone • Schedule will be managed in MS Project Skillings Connolly,Inc. Page 2 of 9 Project No15081 City of Bremerton Crosswalk Improvements Design Agreement No: 150630-Skillings Project No: 42105 Tasks: 1.1. The Consultant will provide staff and project coordination. 1.2. The Consultant will prepare a detailed project schedule using MS Project. 1.3. The Consultant will prepare a detailed 5cope of Work, budget, and a comprehensive schedule into a single document that identifies the anticipated resources necessary to complete the work(Project Management Plan}. 1.4. The Consultant will schedule, prepare for, and take part in weekly telephone communications with the City. Meetings will be by telephone conference, unless specifically identified in this Scope of Work. 1.5. The Consultant will prepare a weekly project Work Plan and conduct weekly in-house team coordination meetings 1.6. Consultant will provide quality control through peer review and principal quality checks. 1.7. Consultant will manage Subconsultants. • Take part in weekly coordination(emails, phone calls and face-to-face meetings) • Incorporate subconsultant plans,estimate and specials into plan sets. 1.8. Consultant will provide monthly Earned Value reports for City review. 1.9. Consultant will prepare monthly billings with progress reports. Deliverables: D-1.1 Project Schedule D-1.2 Project Management Plan D-1.3 Weekly project status meetings via phone D-1.4 Monthly invoices,with status reports and earned value reports. Task 2—Survey Consultant crews will survey the project site,establish survey control,and develop base map. Assumptions: • No traffic control will be needed for suroey. • Project survey limits at each intersections are as follows: o Kitsap Way and 11th Street -No survey 0 11th Street and High Avenue—Survey northeast and west corners of the intersection from 20' past the PC and PT of the intersection 5 feet from the front and back of the sidewalk. 0 6th Street and High Avenue—Survey all for quadrants of the intersection from 20'past the PC and PT of the intersection 5 feet from the front and back of the sidewalk. o SR 304 and 1st Street -No Survey o Kitsap Way and Harlow Drive—Survey the west crossing of Kitsap Way,the southwest quadrant of the intersection and the sidewalk on the north side of the intersection. • Survey will only take pface within the existing right of way. • The Consultant shall perform a field survey that will pick up the ground inforrnation to complete the base map for the project site. Skillings Connolly,Inc. Page 3 of 9 Project No15081 City of Bremerton Crosswalk Improvements Design Agreement No: 150630-Skillings i Project No: 42105 • The Ciry will mark out and call One-Call for utility locates. Tasks: 2.1 Consultant will complete topographic survey of each site. 2.2 Consultant will develop the survey base map. Deliverables: D-2.1 Base map suitable for design of curbs, gutters, and sidewalks. BaSe map will show ail located utiiities. Task 3—Initial Intersection Review(30%Design) This project is funded through a STP Grant and local funds. The City has asked for the project to be completed within those funds. To address that need the consultant will prepare 2 dimensional plan for each intersections with the scoped design options and a 30% cost estimate which will be used to adjust the scope to ensure all project goals are met. Assumptions: • A 4'smart level and tape measure will be used to evaluate ramps. • Maximum Extent Feasible(MEF) Document will be required for those portions of the intersection that cannot meeting ADA.The City and consultant will agree on which portion of the project will be included in the MEF. • Relocating of existing utilities,junction boxes and stormwater facilities are outside of the scope af the project. • The right turn lane from Kitsap Way to Harlow drive will be restriped as shoulder. � Adjusting the cross slope of Kitsap Way and Harlow drive to meet ADA Standards is not included in the project. • Existing sidewalk along the north side of Kitsap Way is not included in the project. • City will provide ail available signal as-builts and pedestrian and traffic volume counts. • City will provide Traffic report from Parametrix for Harlow Drive and Kitsap Way Intersection. No additional Traffic data will be required to evaluate Harlow Drive and Kitsap for a HAWK. • DKS and Associates will perform tasks 3.1,3.4, 3.7 and 3.8. � Geodesigns will use existing borings to size signal foundations.Geodesign will have a geotech on site for excavation of to confirm assumptions,Task 3.8 Task Description: 3.1 Prepare crosswalk analysis for the intersection locations where marked crosswalks are proposed to be introduced a. Kitsap Way and Harlow Drive b. High Avenue and 6�h Street 3.2 locate bulb outs and pedestrian refuge. 3.3 List features that will not be made ADA Compliant 3.4 Prepare proposed signal equipment layout for all five intersection locations Skillings Connolly,Inc. Page 4 of 9 Project No15081 City of eremerton Crosswalk Improvements Design Agreement No: 150630-Skillings I Project No: 42105 a. Kitsap Way and Harlow Drive—new rectangular rapid flashing beacon(RRFB)system new HAWK signal system b. High Avenue and 6`h Street—new HAWK signal system c. Kitsap Way and 11`"—pedestrian signal head and pushbutton modifications d. 11"'Street and High Avenue—pedestrian signal head and pushbutton modifications e. SR304/Charleston and 1�`Street—crosswalk treatment system conversion to RRFB system 3.5 Create 2 Dimensional layouts for each intersection. 3.6 Complete 30%estimate for improvements. 3.7 Prepare a draft City of Bremerton APS policy a. The approximately two-page document will describe a reasonable and consistent policy for addressing accessible pedestrian signals and pushbuttons(APS)in the public right of way.The APS policy will be a plan and schedule that describes when existing pedestrian signal systems will be upgraded to accessible pedestrian signals and pedestrian pushbuttons and what construction/maintenance activities will trigger these upgrades. 3.8 Prepare a geotech memo with assumed soil conditions to be used for signal foundation design. Deliverables: D3.1 List of features to be included in MEF document. D-3.2 2 Dimensional layout for each intersection(up to 5 Sheets). D3.3 Signal equipment layout(up to 5 Sheets) D-3.4 List of non-compliant ADA features. D-3.5 30%Estimate for each intersection. D-3.6 Draft City of Bremerton APS policy. D-3.7 Proposed Signal Equitment List D-3.8 Geotech Memo Task 4—Intentionalty left Blank Task 5—Environmental Assumptions: • An Area of Potential Effects(APE)is required. • This project will be exempt from further Section 106 review after the Area of Potential Effects {APE)has been reviewed by WSDOT. If WSDOT or DAHP determines that a formal cultural historicat study is required,it will be added as a supplement to this scope of work. • A NEPA Checklist(FHWA/WSDOT Environmental Classification Summary(ECS))will be prepared to comply with NEPA. • A no effect letter will be sufficient to comply with the Endangered Species Act requirements. Tasks: 5.1 Prepare the APE and Submit APE to WSDOT for review and approval af Section 106 exemption. 5.2 The Consultant will prepare an ECS and submit to WSDOT. Skillings Connolly,Inc. Page 5 of 9 Projed No15081 City of Bremerton Crosswalk Improvements Design Agreement No: 150630-Skillings Project No: 42105 5.3 A Programmatic Categorical Exclusion(PCE)from WSDOT is the goal of this project. 5.4 Prepare a no effect letter Biological Assernent. Deliverables: D-5.1 APE D-5.2 ECS D-5.3 No Effect Letter Task 6—90%Design Consultant will bring the design to 909b level. Assumptions: � A Plan for Approval(PFA)will not be required. • The 2 dimensional layout agreed to in Task 4 will not change. • ADA upgrades will be designed for ramps and transitions sections. • Maximum Extent Feasible (MEF)Document will be required for po�tions of the intersection not meeting ADA. • Existing utilities,junction boxes and stormwater relocations are outside of the scope of the project unless specifically stated here. • For items designed as"prepare plan sheets", no design or additional design work will be completed.The construction inspector will review forms to verify that they comply with latest version of the PROWAG in the field. • DKS and Associates will provide task 6.5. Task Description: 6.1 Design curb ramps and transitions: a. Prepare plan sheets showing the following improvements at Kitsap Way and 11`h Street. i. South west corner-landing at 5%cross slope(Matching maximum allowable crosswalk grade)Extend ramps up to 15'in either direction.Saw cut into existing lane 4 feet and warp roadway into 596 ramp. MEF will be required. ii. South east corner—Moving J-box from current location outside of the Pedestrian Access Route. Installing a new parallel curb ramp with ramps extending the maximum 15'.New curb and remove 1'of HMA in street. Replace existing damaged Ped pole. iii. North east corner—Current ramp does not meet ADA.Replace the north wing with a 15' ramp. Final ramp will not meet ADA and will require an MEF. b. Design 2 parallel curb ramps and transitions to existing sidewalk on the north side of 11`"Street and High Avenue.Prepare plans sheets showing the following irnprovements, i. Southwest corner move J-box outside of pedestrian path.A new parallel ramp constructed behind the existing curb and gutter. ii. Northeast corner—A new parallel curb ramp constructed behind the existing curb and gutter ramps will extend to the existing expansion joints. c. 4 perpendicular curb ramps and transitions to existing sidewalk at High Avenue and 6tn Street. Skillings Connolly,Inc. Page 6 of 9 Project No15081 Cty of Bremerton Crosswalk Improvements Design Agreement No: 150630-Skillings Project No: 42105 d. Prepare plan sheets showing the following improvements at SR304/Charleston and 1� Street. i. Demo the entire island on the SW corner including ramps.The existing ramps and wings meet ADA for slope but lack truncated domes and landings. The sheets will show replacing the existing ramps and wings matching existing elevations,creating a new landing at the top of each ramp and using the rest of the bulb out to transition into the existing sidewalk. ii. Replace the existing parallel ramp with a new parallel ramp with a landing. Existing curb will be used. Ped curb will be placed behind the landing to retain existing ground. 6.2 Draft intersection detail sheets for each intersection quadrant. 6.3 Design Striping layout for Kitsap Way and Harlow Drive 6.4 Design 2 Bulb outs and pedestrian refuge on the Westside of Kitsap Way and Harlow Drive intersection. 6.5 Design HAWK signal, RRFB systems and signal modifications to 90%level a. Conduit runs and power sources will be identified b. Coordinate with electric utility and submit service application 6.6 Compile Runlist of special provisions and provide list of project Specific Special provisions 6.7 Compile Quantity calc notebook 6.8 Compile 90%Engineer's estimate of Probable Cost to Construct 6.9 Design Work Zone Traftic Control Plans 6.10 Constructability review with experienced field inspectors and senior engineers. 6.11 Conduct a plan-in-hand project review on-site with City 6.12 Write MEF Document 6.13 Write Draft Stormwater Spil)Prevention Plan(SWPPP) Deliverables: D-6.1 Intersection details for curb ramps(up to 13 sheets� D-6.2 Intersection details for bulb outs and pedestrian refuge(up to 4 sheets) D-6.3 Striping plan for Kitsap Way and Harlow Avenue D-6.4 Signal plans and details(up to 6 sheets) D-6.5 Work Zone Traffic Control Plans D-6.6 90%Estimate D-6.7 Finalized City of Bremerton APS policy addressing comments received from the City. D-6.8 Draft MEF D-6.9 Draft(SWPPP) Task 7—left Blank Intentionally Task 8—Final Plans,Specifications,and Estimate The Consultant will update the plans, estimate and project notebook based on the comments received from task 11. Assumptions: Skillings Connolly,Inc. Page 7 of 9 Project No15081 City of Bremerton Crosswalk Improvements Design Agreement No: 150630-Skillings Project No: 42105 • The City will review the 90�submittal package and provide comments. • The City will meet with the Consultant to Resolve 90%comments Task Description: 8.1 Compile 9096 comments in Comment Matrix 8.2 Review/Resolve 90%comments with City 8.3 Incorporate 90%comments 8.4 Submit Final plans to the City 8.5 Assemble project notebook • Advertisement for bid • Bidder Check list • Proposal Form • Proposal Bond • Performance Bond • Payment Bond • Statement of Bidder Qualifications • Non-Collusion Declaration • Certification for Federal Aid Contracts • City of Bremerton Contract • Amendments to the Standard Specific�tions • Special Provisions • Federal Provisions FHWA—1273 • Washington State Prevailing wage Rates • Federal Davis Bacon Wage Determination • SWPPP 8.6 Complete MEF 8.7 Complete SWPPP Deliverables: D-8.1 Comment Matrix D-8.2 (6) Half-size (11' X 17") (3 for City use during Construction and 3 to furnish to the contractor upon award)and electronic copy of PDF Fina)Design plans to include: o Coversheet o Vicinity Map o Summary of quantities sheet o Demolition and TESC plans o Alignment/survey control plan o Intersection/ADA ramp layouts o Signal plans and details o Sto�m water report and details,SWPPP o Typical Roadway sections o Design details o Striping P�ans o Staging and detour plans o Work Zone Traffic Contro)plans Skillings Connolly,Inc. Page 8 of 9 Project No15081 City of Bremerton Crosswalk Improvements Design Agreement Na: 150630-Skillings Project No: 42105 D-8.3 Project Notebook D-8.4 Final MEF D-8.5 Final SWPPP END SCOPE OF WORK Construction Pre-Award Services Construction Pre-Award activities may be negotiated separately from the design contract and may supplement this agreement. Construction Services Construction services may be negotiated separately from the design contract and may be a supplement to this agreement. Skillings Connolly has an experienced construction management staff to assist the County with ad, bid, award, and construction administration. All of our construction management practices folfow the WSDOT Local Programs tocal Agency Guidelines (LAGJ Manua!as a matter of practice because it is a proven way of doing business and meeting funding agency audit requirements. We will utilize our own contractor payment system that is designed specifically to follow the iAG Manual and to meet funding agency audit requirements. Our record keeping and contractor payment systems have enabled us to successfully pass several recent Local Programs project reviews. � Skillings Connolly does not have a certified materials testing facility;therefore,our inspectors sample the materials and take them either to a WSDOT materials laboratory or to a local certified laboratory for testing. Prepared by: Tim Horton Date 05/05/2015 Reviewed by:Tom Skillings Date 05/08/2015 Skillings Connolly,Inc. Page 9 of 9 Project No15081 City of Bremertan Crosswalk Improvements Design Agreement No: 150630-Skillings EXftibit � DE�E Participation N/A � Agreement Number: 150630-Skillings V�nAT Fnrm ldll.flRA FF FYhlhid R Pana 9 nf i Exf�ibif C Prepar°ation and �elivery of�lec�ronlc Lngineer�ng �naf Other Data In this Exhibit the agency, as appiicable,is to provide a description of the format and startdards the consultant is� to use in�preparing electronic.files for transrriission to tlie agency. The format and stalidards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design& Plans Preparation Section A. Survey Data. AutoCAD v. 2015 Civil 3D v. 2015 B. Roadway Design Files AutoCAD v. 2U15 Civi13D v:.2015 �C.. Computer Aided Drafting�Files. AutoCAD v. 2015 Civi1.3D v. 2015 D. Specify the Agericy's Right to Review�Product with the'Consultant The�City reserves the Rf�ht-to Revfew al1 Products with the Consultant. E. Specify the Electronic Deliverables to Be Provided to the Agency 1, Plan sets:"CAD, PDF, and PRINT. �5. Communications records; PST File. 2. Specifications:WORD, PDF, and Print. 6. Mont}�lyNUeekly Report: Email or WORD°or PDF 3. Estimates: EXCEL,PDF, arid PRINT. 4. Pro�ect File:MSPROJECT F: Specify What Agency Furni'shed Services and Information Is to Be Provided Agreement Number: 150630-Skillings W.Cf1nT Fnrm.id/�.lIRl1 FF Frhihf�(` ""''` '`•" II. Any Other Clectronic Files to Be Provided' 1. .Geotechnical reports or memorandums: PDF or WORD format�. 2. Traffic Plans and Repoits: PDF or WORD formats. III:�Methods to Elech�onically Bschange Data 1. �Company FTP site set-up for the City of Bremerton Crflsswalk Impeovements Design: �2. .Emai1. 3. CDs. � A. Agenc}+�Software.Suite 1: ,11iIS�Office v. 201U. 2. MS Pro�ect v. 2013 3. AutoCAD"v. 2U 15 4. Civi1�3D.v. 201�5 B. Electronic Messaging System Email C. File Transfers Fomiat 1. AutoCAD v. 2015 2. Civil 3D v. 2015 3. Company FTP site set-up for.the City of Bremerton Crasswalk Improvements Design. 4. CDs.� � Agrcement Number: 150630-Sklllings lMCAnT Fnrr»1dl?.dIR4 F_F Frhihit!` o�....�_e� Exhilbit D Pri�r►e Consultant Cost Compa�tations A�reement Number: 150630-Skillings WCf1/1T Cnrsn 1d1LAA0 FF�vhlhi�A ^---- .. _.. EXHIBIT D-1 CONSULTANT FEE DETERMINAitON-MAN-HOURS PROIECT NAME: isosi � ` � " � c � � g CtosOsvr�16 hnproucmanb '° '-� a }^i 1 �n � � � a ryi { y �� i� � s �� '� � c z v rL ai S � y a ^ � i � ?�] �a.• �`M � gl �3 2 �i t =s D a �� '�!.' i x ?� 1 � a a � L� A f� � o , � � TASKH TASHOES[RiPTICN 1 Pro�R��aru emem 1.1 Vr �ndSt�HCawdinallon� 4 24 1.2 P dSd�aduie 1' 4 � 1.3". Pro ett M�ns mart PLn 1 4 1.4 Wce MceH e hone 8 35 Wee Woric Plan ara!Team Maetl 8 1.6' �C PA I check� q 3.7 Weekl�maetl ond coo�dtnrtionwlth subconsulhn� 8 1.0 ProNde mon Earned rilun[te a 4 q �1.9 Nic�RhlyBilli y 8 1 Su 21 To a le Sura 5 sita� � 4 10 10 ' 2.2 Su+vsY��e P. 4 8 1 N11sSfnt�racUnnRrvl�w 8.1 Qoiswalk Am sif fm[rrtcrseelon LocaUam DKS Z " 3 2 Pre n Bulbout ind PcdrsLt�n Refu e 3 1 2 q 3.3 I enU, m ntA atwea 2 4 6 - 3.4 Prc n e � I Ls out for aacfi IMerscdlon 3 3S Qeata201meeub+uth toreuhiMeraectSon 1 1 9 12 36 Com ete30%Estimsm 1 8• 3.7 Prc ro APS Pol 1 3.E PreyaraG memo 1 1 61�nh 5 [nvlromrntal S.1 Pre roAVE 1 4 5.1.1 SuhmltADEtoW5D0T -- " S.2 Pre n ECS. 1 1 i0 5.3 PnpareroEf►xlkttar 2 .0 G 9I1�Oe=i'n 6.1 Oc� Curbftsm andTnmitloru 4 2 Klba Wa andSlthStrcet 1 20 12 � 111h Stnet��d H h Avenue 2 72 .16 HI Avemeeand6thStrcet Z ' .32 ]fi .�L7urlmtonerdlASVeat 1 4 8 - b.2 'DnR Intenectbn Dehil Sheeh 1 8� � 16 G3 'Sht ntmKlW Wa andHarlovi 2 4 6.4 Oes 2 8u16 out a�Ped�mtan Ra 2 24 • 16 65' Oes HAWK nal RRFB urd madf DKS 1 2 1 6.6 U ate Pro S iticatkru � 2 2 ]2 . 6.7 Com lo U fak Noiebook 1 2 8 ' 6B Cnm le 60l6 E �neen Estlmats of Pm6abla Cost 2 i0 69 Da�l nYYITCDiant � 1 2 1G 32 •GSO ConsWctablll itoMew 2 2 24 b.11 Gand+at■ n-InHand Pr ect rcview ] 6 612 Wrib DraR b7EF .1 8 4 � 613 IMite Oraft SWPPP 1 1 8 4 7 llan► 8 f�n+l Aiam S u� ��nsl F:txnaie 8.1 Cam IUe�%CommanU In Mnra 8 8.2 Rorkv �oFie�6CommenLwHhO 3 2 0.3 I rato90%Commerth 1 �2 72 i6 S.4 Subrnit Flanl 71w W lhe 1 2 4 4 � 85 sembh P�o ct Plote600k 2 8 &6 Com ta MEF 1 2 4 4 B.7 Com teSWPPP 2 4 IS�URS VEA�QPI111E 97 95 90 4 S6 ' 222 B 'SU 10 3d6 '24 '12 Agreement No: 150630-Skillings EXHIBIT D-2 CONSULTAIV'�FEE DETERMINATION-SUMMARY PROIECT NAME: 350B1 Ciry Of Bremerton Crosswalk Im rovements NEGOTIHTED HOURLY(iATE(NHR: � M 1I Ra[! � C06t RiNCiPAI-INiHARGf 32 N $15D.00 = $5,056.OD ROIECTMANAGER 95 X $110.OD o $13,300.00 ROIECTENGINEER 30 X 5136.00 0 $6,080.00 RENYIRONMENTALSCIENTLST 4 X 5140.90 — $560.Q0 AFF St1ENTiST $6 X $E2.00 = $4,592.00 NGINEEIt 222 X f108.00 = $13,976.00 URVEYMANAGER 8 X $75D.OD � 51,2W.00 MAN SUAVEY CREW 10 8 $IBD.OD = $1,860.00 ctiNicur+ 184 x Ses.00 = Su,�ao.00 NSPECTOR 24 X 5114.00 = $2,736.00 ROIELTADMiNLSTRATOR lZ 1f Sb41•00 0 5g6p-pp Totel Houn= 687 Total NHR EIMBURSABLES: Miietga 420 X 50.575 — $261.50 Mlsalhneous Experae� 5400.00 X 0% = y{pp,pp Tahl Exp�nses= UDCONSULTANT COST(Ste E�dilbit G): DKS ZTnftk) $41.SB2.7a X 0% ■ 54L582.78 GeoTeeh 52,600.00 X 0% � $�,6pp.pp Subconeultant 2 $0.00 X 1pR, ■ yp.pp SubconSWhnt 3 $p.flp x lpX a Sp.pp ToW Subconwhants= UB-70TAL(NHR+REIMBlfRS31BLES+SUDCONSl1LTANTS): Suh Tr�l m MANAGfMENT RESERI/E FUND: sue Tor��= Sii9,cce.ta x ox = Mru. GRAND TOTAL GRAND TOTAL = Agreement No: 150630-Skillings exHier�a� CONSULTAM'FEE DETERMINATION-EXPENSES Item Desr�iption � Basis. . Quantity �Rate ToWI i Tele hone `_ Month _ _ �� 4 _ $20.00 __ 80.0 2 Auto Rental Each �� -- ----�-- -•-- ' 50.0 3 Lodgin Da . ---- __� .._..___ $D.0 4 Per Diem-Meal _ _ Da `-- _�_.. W.. _ ___ $0_0 5 . Photo Co les-elk&Whi4e Each $0.10 $0.0 6 Photo Coples-Color _ Each _ _^ 120 50.35____ $42.00 7 Half 51ied Prints �Each 256 $0.50 $128.0 8 full Sized Prints Each __ _�__ ,0_ S6•0�' 50.0 9 Posta e � Month � $0.0 10 ShiQpi_n{� __ ^ Moisth _�� ^M,! $p.0 il FAxs Each _ $0.0 12 Miscellaneous Pro]ect Cosis _ Month 100 _ _ $1.00_� $100.0 13 Miscellaneoas Surve Costs ^Estimated y SOR $1.00 $50.0 14. Traffic Control _�Estimated _______ _ �$0.0 _ __ _ Total Miscellaneous Ekpenses $400.0 _........... .._ —j--- - - -- Mileage __ _ _� 'Per Mile 420 _ � 0.575 �$241.5 .' — Total Expenses 541.5 umptions � 1 '�Tele hone Estlmated 2 Auta Rental ^_ _ Esilmated trips � _ 3 Mflea e Estlmafed miles 3 tri s@ 140 mile er tri� 4 Lodging � �5 Pe�Diem-Me�l � 6 Photo Copies_Blk&Whtte Estimated Draft and final SWPPP,MEF,APS 7� �PhotoCo les-Colored Estimated Y�— ^ '8 Half Slzed Arints Esumaoe 9Z plen eheets 2 m+beuueb q�s s qne�plan: 9 �Full Sized Prints �� 30 Postage Estimated 11 Shippin' M Estimated � 12 FAXs Estimated 13 Miscellaneous Pro ect Costs Estimated � � 14 MisceilaneousSurveyCosts• EsUmated _� SS Purchaie Order Estimated Pre a � Tim Horton�� Date: 6 18 2015 Agreement No: 150630-Skillings Exhib►t E Sub-consul�an� Cost Computations DKS Associates, Inc. -Signal Design GeoDesign,Inc. -Geotechnical Services A�reement Number: 150630-Skillings W.CI]nT Fnm�1d(I.BR9 EF F_Yhihit F.. � ^---� -'� EXH[BIT E-1 GooDealgn,Inc.FEE SUMMARY ProJect:BremeRon New 91gne1-lHAWK1 � JoD No.Sklllings-19-01 -� Dale 7l912018 Standsrd Schcduta(SS orDiract 5 o Cost(DSC) 9� Flxed Feo LaborRete 2018 Stendard 8cheduls GooDosi n OH RaW,lF DSC cetculadon la uaed Include Laborato Coat as Labor Houro NO If Labor b DSC Is Uw FIzM Fae �FF x DSC+O ? NO It rnswered"YES" Entar Lebor Divlslon: Allowablo Hendlin Che e SeNorLab TecA 26°� Leb Techniclan f 75°� QE0�810NLpBOR-SummeryhomGeodnlgn ursWmkahat PROJECT PHA8E9 OR TASK9 Oeotec6n1a1 ConsWctfon Total Nmno Observatlon BubconL�aeto�a �� tahor Rete Coat 1• Pmc 2.0 0.3 2.3 S20JA0 5157 z� ��u��o S105A0 3. bsoclato 311�.OD 4. Sa�ia P act Mn S159A0 6. ect E fneerlG M 51�9.00 6. Pr rt Ei Ira6r 1 I 3110.00 7. En Gqd ka151a11 NI 5.0 5.0 5121.OD f605 8. E ' Geol Stel ll 8.5 8.0 5710.00 SBBO �J. E toorY� G Icd S�a[I 1 tg5.pp 10. Senla Technklen 592.00 11• CAD 1.5 1.5 SD2.00 5138 12. TechniWn N y�.pp 13. Tcduiklan ab 575.00 1�. SenbrPr Iltslstent 0.5 tA l.5 t80.00 5132 15. ett AsSlslenl QS 1.0 '1.5 E82.OD 5123 16. 5 Sta1f S70.00 SUBTOTAL•labor ;1,2u a1,166 79.8 S$�6 OYE(iFlEAO(OH)C�T(ItxWCing SYary pddNvcf) FIXED fEE(FF�: SUBTOTAL tAy1:H St,?7< ii 1�: 3:,775 (3eotcchnkat Canatruelion �uDcoi�actois Unit ftate Eatended I�te�cw Obs�rvxlan EQUIPMENT VEHICLE-G n-Full 2 SZ9.00 S12 VEHICLE•Nil C 250 Mlu $0.63 S15B SU8T0!AL EOUIPMbMJ ;790 35995D OeolseAnkai Cons6ucNon 8ubeo�adoes Unit R�b EahnCed REIMBUR8ABLE9: bl�o Obwrv+llon f1nJRafa c S 3UBTOTAI.RFIMOUN9�8LE3 Qeoteshnlw CanfWcllon SubcuntrKton Untt Rg� F�dendod lABOitATURYtFSTINO: Nmw Oba+v�slan �I18iOTALlA80RATORV GeoDt*Ign Charye�SubTolal S1,Z]4 =1,J6S f2,6:i Ge�ehnkd ConaWdian Subcoatraelors SUBT�TAL i1C EstenGed BUBODN7iL4CTOR9 nduda tnc wlwn luble Y�rta ODsmvtllon . SUATOTA<SUNCGh5U4TAhi5lncf fIG (iwhctenlul Conatmctfon SUbCOfltliCt M�mo ObsKwtlon 019 dCTUAL 5l1[�TOTAI.6Y PHASE:Incl NC S1,T94 =1,J55 i2,589 Z6 TO7AL�ESTIMATED FEE �2,534.Y6 ��D��GN; Agreement No:150630-Skillings E3�-IIBIT E-2 HOUR AND GEE ESTIMATE DKS ASSOCIATES Project: City of BremertoNSkillings Connolly Crosswalks 18-May-15 DKS Assodates Labor Hour Estimate Total Fee I I CAD I I ' Principai� Projecl Senior Senior Pro�ect Assistant echniciaN Tesk DescripUon Engineer�Manager� Planner Engineer Engineer � Engineer Admin Intem � Direct Overhead � Profd Effective multiplier S 64.00 S 55.60 , 5 51 00 S C4.25 S 34.25 S 30.75 S 28.00 $ 22.00 Hours I Labor Cost 177.10°,b 30% 3,0710 Work Element 1-Pro eet Mana emeM 1.1 Project management administrative services 0 6 0 0 0 0 6 0 12 502 888 150 $ 1,540.41 1.2 Overall?ro'edmanagement 0 12 0 0 0 0 0 0 12 667 1,182 200 $ 2,048.97 1.3 C" and rimecoorclinationmeetin s 3 0 12 0 0 0 0 0 0 12 667 1,182 200 3 2,048.97 Reimbursabfe e enses-see breakdown for details ' S 250.00 Task Totals 0 30 0 0 0 0 8 0 36 1 836 3 252 551 3 5 888.36 Work Elemont 3-Prelimina out 3.1 Compile and review existing date 0 1 0 4 0 0 0 7 6 255 451 76 S 781.88 3.2 ReviewAs-Builts 0 1 0 4 0 0 0 0 5 233 412 70 $ 714.31 3.3 Meet with SC and C' Staff at Each Location 0 8 0 6 0 0 0 0 16 799 1,415 240 S 2.453.11 3.4 Pre reCrosswalkAnal sis 0 1 8 30 0 0 1 0 40 1,B79 3,222 546 5 5,588.46 3.5 Pre are 30�0 lens and o inion of cost ' 7 2 0 � 10 2 0 32 D 47 1,582 2,802 475 S 4,858.94 3.6 APS Po1i 0 1 10 Q 0 0 0 0 11 566 1,002 170 S 1,736.96 Reimbursable ex enses-see breakdovm for deteits E 700.00 Taak Totel 1 14 18 58 2 0 33 1 114 4 687 S 301 1 406 S 16 831.66 Work Element 6-90%Desi n 6.5 Si nal Plans 1 2 0 44 10 0 12 0 69 2,801 4,960 840 $ 8,600.95 6.6 S ecs Div 7 end B 0 i 2 0 16 0 0 0 0 18 819 1,457 246 $ 2,515.76 6.8 Cost Estimate 0 2 0 0 16 0 0 0 18� 659 1,167� 198 $ 2,024.40 Reimbursable ex ensea-see breakdown for deTails � g Task Total 1 B 0 60 28 0 12 0 105 9 7 578 1,284 $ 13 141.12 Work Element 8-Final Deai n 8.4 Si nal Plans 1 2 0 8 24 0 10 0 45 1,631 2,889 489 5 5,009,42 8.5 Specs Div 7 and 8 0 2 0 0 0 0 0 0 2 111 197 33 S 341.50 B.SA Cost Estimate 0 1 0 0 0 0 0 0 1 56 98 17 $ 170.75 Reimbursable nses-see breakdown for details $ 200.00 Task Total 1 5 0 8 24 0 10 0 48 1 798 3184� 539 E 5 721.66 TOTAL HOURS AND TOTAL ESTIMATED FEE 3 55 18 124 52 0 61 1 303 ! 12600 22315 3780 S 41 582.79 Cify of Breme�ton Page 1 of 1 DKS Crosswalks SH82015 Exhibit F Titl� VI Assurances During�the petfarmance of this AGREEMENT,the CONSULTANT,for itsel�, its assignees,and successors in intcrest agrees as foilows: 1. Compliance with Regulations:The CONSULTANT shall comply witl�the Regulations relative to non- discrimination in federally assisted programs of the AGENCY,Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time(hereinafter referred to as the"REGULATIONS"), wluch are herein iiicorporated by reference and made a part of this�AGR�EMENT.. 2. A1on-discriminatioil:The COl`TSULTANT,with regard to the work performed during this ACrREEMENT, shall not discriminate on the grounds of race,color, sex,or national origin in the selecrion and retentiQn of sub-consultants, including procuremei�t of inaterials and leases of equipment. The CONSIJLTANT shall not participate either.d'uectly or indirectly in the discrimination prohiliited by Section 21.5 of the REGi7LATIONS,including employment practices when this AGREEMENT covers a program set forth in,Appendix B of the itEGULATIONS. 3. S�licitations for Sub-consultaiits, Iricluding Proc�,�rei�lent of Materials aiid Equipment: In�all solicitations eittier by competitive tiidding or negotiations made by the CONSULTANT for work to be performad under a sub-contract;'including-procur�ment of materials or leases'of equipment,.each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT''s obliga#ions under tllis AGREEIVIENT�and tlie REGULATIONS relative to non-discrimination on the grounds of race,color, sex,or nationai origin. 4. Infonilation and Reports:The CONSULTANT shall provide all inforniarion and reports required by the 'REGULATIONS or directives issued pursuant thereto,and shall pem�it access to its books,records, accounts, other soarces of information,and its facilities as may be determined by the AGENCY,the S�ATE,.or,the Federal Highway Administration(rHWA)to be pertinent to ascertain compliance with such REGULATIONS,orders and inshuctions. Where any:inforination required of a CONSULTANT is in the e;cclusive possession of another who fails or refuses to fumisli.this infocmation, the CONSULTANT shall so certify to the AG�NCY,the S'TATE,or the FHWA as appropriate,.and shali set forth what eff.orts it has m�de to:obtain the informatioia. 5. Sanctions for Non-compliance: In the event of the CONSULTANT°s non-compliance�with the non- discrimination provisions of tliis AGREEMENT;the AGENCY shall impose.such AGREEMENT sanctions as�it,the 5TATE,or the I'HWA may determine to be appropriate, including, but not limited�to: • Withholding of payments to the CONSULTA�IT under.tlus AGREEMENT unti!the CONSULTANT complies,.and/or; • Canceliation,termination,or suspension of this AGREEMEN,t',in whole or in part. 6. incorporation of Provisions; The CONSULTANT shall include the provisions of paragraphs{1)through (5)in every subcontract, including procurement of materials and leases of equipment,unless exempt by the REGULATIONS,or directives issued pursuant thereto.The CONSULTANT shall take such action with respect to any sub-consultant'or procurement as the STATE,the AGENCY,or FHWA may direct as a mear�s of enforcing such provisions including sanctions for non-compliance, Provided, however,that iri the event a CONSULTANT becomes invoived in,or is threatened with, litigation v►+ith a sub-c�nsultant or supplier as.a result of such d'uection,the CONSLJLTANT may request the AGENCY enter into such litigation to protect the interests of the S'�ATE andlar•the AGENCY and,in addition,the CONSi]LTANT may request the United States enter into such litigation to protect the interests of the United States. pgreement Number: 150630-$killings W.CnAT Fnrm.ldl)JIRSI FF Frhih(f F n___. _�. Exh�bi# G �ertification D�cuments Exhibit G-1(a) Certification of Consultant �Exhibit G-1(b) Certification of�it�nf Bremertnn Exiiibit G-2 Certification Regarding Debarnient, Suspension and Other Responsibility Matters- Primary Covered Transactions Eshibit G-3 Certification Regarding the.Restrictions of the Use of Federal Funds for Lobbying Exllibit G-4 Certificate of Current Cost or Pricing Data Agreement No: 150630-Skillings VNSDOT Form 140-089,EF Exhibit G Panp 1�i�9 Exhibit G-1{a) Certification of Consultant I hereby certily that I a�n the and duly authoriz�d representative of the firm of Skillings Connolly,Inc. whose address is 5016 Lacey Blvd. SE, Lacey, WA 98503 and that neither the above firn�nor I have: a) Employed or retained for a conunission,percentage,brokerage,contingent fe�,or other consideration, any firm or person(other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed,as an express or implied condition for obtaining this contract,to employ or retain the services of any finn or person in connection with carrying out this AGREEME�IT; or c) Paid,or agreed to pay,to any firin,organization or person(other than a bona fide employee working solely for me or the above CONSULTANT) any fee,contribution, donation,or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT;except as hereby expressly stated(if any); I acknowledge that this certificate is to be fi�rnished to the and the Federal Highway Administration, U.S. Deparlment of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway fi�nds,and is subject to applicable State and Federal laws, both criminal and civil. Skillings Connolly, Inc. Consultant(Firm Name) '%� �•' 1/ �>,�� .�,�, [f`.;-, _ -; luiy 20, 20�5 Signafure(Aulhorized Offtccial of Consultant)`:� Date Agreement No: 150630-Skillings WSDOT Form 940-089 EF Exh(bi!G os••.�+ •••+ Ex�ibit C='I(b) Ceetification of I hereby certify that I am the: L� ❑ Other of the, Ciry of Bremerton �and Skillings Connolly, Inc. .or its representative has not been required,,directly or indirectly as an express or implied condition in connection with obtaining or carrying out tlus AGREEMENT to: ..a) Employ or retain, or agree to employ to refain, ariy firm or person; or b) Pay, or agree to pay,to any firm,person,or organization, any fee,conhitiution, donation; or consideratiori •of any kind;except as iiereby expressly stated(if any,): I acknowledge that this�certificate is to be.fumished�to the and the Fecleral Highway Adniinistration,U.S. Department of Transportation, in connection with this AGREEMENT involving:participation of Federal-aid liighway�funds,'and�is.subject to applicable St�ate and Federal lav�is,�both:crimiaal ar�c? civil. 8ignature Date. Agreement No: 150630-Skillings WSDOT Form 140-089 EF Exhlblt G PAaa 4 nf t Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: A. Are not presently debarred, suspended,proposed for debarment, declared ineligible,or voluntarily excluded fiom covered transactions by any Federal department or agency; B. Have not within a three(3)year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State,or local)transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft,forgery,bribery,falsification or destruction of records, making false statements,or receiving stolen property; � C. Are not presently indicted for or otlierwise criminally or civilly charged by a govemmental entity (Federal, State, or local)with commission of any of the offenses enumerated in paragrapl�(1)(b) of this certification; and D. Have not within a tluee(3)year period preceding this application/proposal had one or more public transactions(Federal, State and local) teruiinated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Skillings Connolly, Inc. Consultant(Firm Name) , / � � July 20, 2015 _�/•��,��--��/'�_1f_r%�-� Signature(Authorized Official�f Consuitant) � Date Agreement No: 150630-Skillings WSDOT Fortn 144-089 EF Exhiblt G Paaa 1 nf 9 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: 1. No �ederal appropriated fuzids have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to in$uence an officer or employee of any Federal agency, a Member of Congress, a officer or employee of Congress, or any employee of a Member of Congress in connecrion with the awazdin�of any Federal contract, fl�e making of any Federal grant,the making of any Federal loan, the entering into of any cooperative AGREEMENT,and the extension,continuation,renewal,amendment, or modification of Federai contract, grant, loan or cooperative AGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will�e paid to any person for in�uencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, ioan or cooperative AGREEMENT,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. This certification is a material representation of fact upon which reliance was piaced when this transaciion was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S. Code. Any person who fails to file the reyuired ceriification shall be subject to a civil penalty of not less than$10,000.00,and not more than$100,000.00, for each such failure. The prospective participant also agrees by submitting lus or hei bid or proposal that he or she shall require that the ianguage of this certification be included i�i all lower tier sub-contracts, which exceed$100,000, and tl�at all such sub-recipients shall certify and disclose accordingiy. Skillings Connoliy, Inc. Consultant(Firm Name) - �'� • J��'/_- '�— Juiy 20, 20i 5 �� Signat re�Authorized Offiaa�of Consultarit) Date Agreement No: 150630-Skillings WSDOT Farm 140-089 EF Exh76ft G Paae�of t Exhibit G-4 C.ertificate of Ca�rrent Cost oc Pricing Data This is to certify that,to the best of my.knowledge and belief,the cost or pricing data(as defined in section 2.101 of the Federal Acquisition Regulation(FAR) and required undei FAR'subsection 15.4U3-4).submitted, either actually or by specific identification in writing,to the Contracting Officer�or to the Contracting Officer's representative in support of Bremerton Crosswalk Tmprovements ° are accurate, complete,aazid current as of July 13, 2015. ". � 'I'his certification includes the cost-or pricing data supportirig any, advance AGREEMENT's and forward pricing rate AGREEMBNT's between the offer or and flie Govemment.that are part of the:proposal. � Firm: Skillings Connolly, Inc. ;��1 w ,� _. �"�� - Vice Piesident Signature -'' r Title� Date bf Execution'�**: sIdentify tlte propusal,quotation,request for pricing ndjustment,or other submission involved,givin�the nppropriate identi'tying number(e.g.project title.) •'lnsert the day,month,and year,when price negotiations were conciuded and price AGREEMENT►vas reached. a••Insert ihe dny,month,.and year,of sigoing,which should be as close as practicable to lhe date when tlie price negotiations were concluded and the contract price ivos agreed to. � � Agreement Number: 150630-Skillings WSDOT Fnnrr 1d!l�A9 EF F_rhthi/!: +�---� -�� Fxhibit H Liability Insurance Increase To Bc Uscd Only If Insurancc Requirements Are Increased The professional �iability limit of the CONSULTANT to the AGENCY identified in Section XIII,Legal Relations and Insurance of this Agreement is amended to$ . The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of$ . Such insurance coverage sliall be evidenced hy one of the following methods: • Certificate of Tnsurance. • Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund,safeguards established for payment from the fund, a copy of tlie latest annual fivancial statements,and disclosure of the investment portfolio for those funds. Should the miniinum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater,#hen justification shall be submitted to the Federal Highway Administration(FHWA)for approval to increase the minimum insurance limit. If rHWA approval is obtained,the AGENCY may,at its own cost,reimburse the CONSIJLTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ . • Include all costs, fee increase,premiums. • Tliis cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit. Agreement Number: 150630-Skillings WSDOT Fom19�10-089 EF EXhlb!!H Pnnn?n�� xhibit 1 Alle�ed Consultant Design Error Procedures The purpose of this exhibit is to establisfi a procedure to determiiie if a consultant's alleged design errar is of a natwe that�exceeds the accepted standard of care.In addition,.it will establish a uniform n�ethod for the resolution and/or.cost recovery p�•ocedures in those instances where the agency believes it has suffered soine material damage due�to the alleged eiror by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's P,•oject Manager � At the first indication of potential consultant�design.error(s),the first step in the process is for�he Agency's project manager to notify the llizector of Pubiic Works or Agency.Engineer regarding the potentaa� desig�► error(s). For federally funded projects, the Region Local�Programs Engineer should be informed and involved in tl�ese procediires. (Note:�Tlle Director of Public Works orAgency Engineer.may appoint an agency staff person other than tlie project manager,who lias not been as directly involved in the.project, to be responsible for the remaining§teps in tliese procedures.) Ste�2 Project Manager pocvrnents the:Alleged Consultant Design Er�or(s) After discussion:of the alleged "design etror(sj"and the magnitude of the alleged error(s),a�d with the Director of Public Works or A�ency Engirieer's concurrence,the,project inanager obtains more,detailed documentation than is�normally required on the project. Examples�iriclude: all decisions and descriptions of work; photograptis,iecords bf labor,materials and equipnient. Step 3•Contuct the Cunsult�nt Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further,tlie next step in the process is for the project manager tb contact the�consultant regarding the alleged design error(s)and.the niagnitude�of the alleged error(s).The project manager a��d other appropriate agency staff should represent the agency and the _ constiltant'should be represerited by theii project manger and any personnel(including sub-consultants) deemed appropriate�for the alleged design error{s)issue, Ste�4 Attempt to ktesolve Alleged Design Erroa•with�Consultant After the meeting(s)with the consultant have been completed regarding the consultant's alleged design ' error{s),there are three possible scenazios: � It is�determined�via i�iutual agreement that there is not a coiisultant design error(s). If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s)occurred. if this is the case; then the Director of Public Woi•ks or Agency Engineer,or their eepresentatives,negotiate a settlement with the consultant.The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place.Tl�e•agency.is to pzovide LP,through the Region Local Programs Engineer, a summary of tlie settlement for review and to make adjustments, if any,as to how the settle�nent ai�ects federal reimbursements.No further action is required. � There is nof a mutual agreement regarding the alleged consultant design error(s).The consultaut may request that tfie alleged desigii error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Pub�ic Works or Agency Engineer,after review with their legal counsel, is not able to reach mutual agreement with the consultant,proceed to Step 5. Agreement Number. 150630-Skillings W_CAnT Fnrm�4dlLI1RG FF Frhihi!1 a.:....s ..a e Step 5 Forw�rd Documm�ents to Loca!Program�s For federally funded projects all available informat�on, including costs, should be forwarded through the Region Locai.Programs Engineer�to LP for their review and consultation with the FHWA. L:P will meet with representatives of the agency and the consultant to review the alleged design error{5),and atteiinpt to find a resvlution to the issue. If necessary, LP will request assistance from#he Attorney General's Office fo.r legal interpretation. LP will also identify how the�alleged error(s)affects eligibility of project costs for federal reimbursement. • If mutual'agreement is reached;die agenc}i.and consultant adjust tl�e scope of work and costs �o refiect the agreed upon resolution. LP, in consultation with�FHWA,�.will identify�the amount. of federal participation in the agreed upon resolution of the issue. � If mutual agreement is not reached,the agency and consultant may seek settlement by arbitration or�by litigafion. Agreement Number: .15063Q-Skfllings WCRnT Fnre»!dl3.ARA FF Frhihtl i e---�-e� Exhibit J Consultant Claim Procedures The purpose of this ex4�ibit is to describe a procedure regarding claim(s)on a consultant agreement.The following procedures should only be utilized on consultant claims greater than$1,004. If the consultant's claim(s)are a total of$1,000 or less, it would not be cost effective to proceed througli the outlined steps. It is suggested that the Director of Pubiic Works or Agency Engineer negotiate a fair and reasonaUle price for the consultant's claim(s) that total $1,400 or less. Tlus exhibit will outline the procedures to be followed by die consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim �vith the Agency Project Manager If the consultant determines that tlzey were requested to perform additional services that were outside of the agreement's scope of work,ttiey may be entitled to a claim. The first step that must be compieted is the request for consideration of tlie claim to the Agency's project�nanager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consuitant to perform the additional work; • Tirneframe of the additional work that was outside of the project scope; • Sutnmary of direct labor dollArs, overhead costs,profit and reimbursable costs associated with the additional work; and • Explanation as to why the consuitant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Adclitional Compensation After the consultant has conlpleted step 1,the next step in the process is to forward the request to the Agency's project manager.The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claun. If the FHV�A is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation,payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA(if applicable)agree witli die consultant's claim, send a request memo,including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim.After the request has been approved,the Agency shall write the supplement and/or new agreement and pay the consultant tlie amount of the claim. Inform the consultant d�at the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claitn,proceed to step 3 of the procedures. Agreement Number: 150630-SkWings WSDOT Fortn 1d0-089 EF E�rhlhit J i�ana i�� Step 3 Pre�aration of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim,the project manager shall prepare a summary for tlie Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's surtunary of direct labor dollars, overhead costs,profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consuitant claim(s);and • Recommendations to resolve the claim. Step 4 llirector of Public Works or Agency�ngiueer Reviews Consultant Claim aud Agency Documentation The Director of Pi;bic Works or AgPncy Engineer shal!reE�ie�rr and admini�tratively approve or disapprove the claim, or portions thereof,which may include getting Agency Council or Commission approval(as appropriate to agency dispute resolution procedures). If the project involves federal participation,obtain concurrence from WSDOT Local Programs and FH WA regarding final settlement of the claim.If the claim is not eligible for federal participation,payment will need to be from agency funds. Step 5 Infarming Con�ultant of Decision Regarding the Claim The Director of Pubiic Works or Agency Engineer shall notify{in writing)the consultant of their final decision regardin�the consultant's claun(s). Include the fuial dollar amount of the accepted clairn(s) and rationale utiiized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the suppiement and/or new agreement and pay the consultant the amount of the claun. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number. i 50630-Skillings WSDOT Form 440-089 EF Exhl6it J Aaoe 2 of 2 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ............................................................o..o........................ SUBJECT: Study Session Date: August 12, 2015 Contract with KCDA for Pendergast Field #2 COUNCIL MEETING Date: August 19, 2015 Drainage Improvements Department: Parks and Recreation Presenter: Jeff Elevado Phone: 473-5428 SUMMARY: In 2013 and 2014 the City installed sub-surface drainage improvements at Pendergast Regional Park Fields#1 and#3 respectively.The improvements greatly reduced ponding in the outfield, increased safety for softball players and decreased the amount of staff time needed to prepare these fields 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 on Pendergast Field#2 completing the drainage improvements for the complex. 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. Work is anticipated to begin September 1 so that the project will be completed before school leagues begin. ATTACHMENTS: 1)Attachment A- Greenshield Systems LLC Quote; 2) Attachment B - Agreement between City of Bremerton and Greenshield Systems LLC; and 3)Attachment C- KCDA Contract with Greenshield Systems LLC 4) Site Photos FISCAL IMPACTS (Include Budgeted Amount): Funds for the Pendergast Drainage Improvements are included in the 2015 Parks Capital Construction Budget. STUDY SESSION AGENDA: � No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda �x General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve a contract with KCDA for the Pendergast Regional Park Ball Field #2 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 01125/13 ATTACHMENT A a f � � ,�O � ` L 1�-�� -' � ' �-+-� . _, Spor�� Twrf Dr�inage Specialists May 21,2015 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: Pentlergast Regional Park, 1199 Union Ave W. Bremerton WA 98312,field#2 drainage Sports turf drainape Greenshield Systems0 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#2". A complete project includes site evaluation,design, mobilization, layout, materials, drainage system installation antl 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 Systems0 will be stockpiled at a location on site at owner's direction. Note: The present schedule for the sta�t of this project is August 24, 2015,subject to field conditions. NOTE: Due to the adverse conditions of the field, there will be an additional charge of$3,000.00. Sports turf drainage installation price$36,600.00* (Plus bonding $1,225.00: plus tax$3,290.78=total cost of$41,115.78) the following apply to the previous quotelbid **This may be purchased through KCDA **Owner will supply a'clean' area for Greenshield Systems to stockpile sand during construction **Owner will supply a localizetl area for Greenshield Systems to stockpile spoils during construction **Owner.�is responsible for any and all permits if required. **Owne�is responsible for locating all buried services in the construction area **A 'locator wire'will be installed with all 4 inch pipe '*This proposallbid is valid for 180 days from the above date 11745 State Route 20, Mount Vernon WA 98273-4710 o�I��0��o�� I 360-4G6-0406 WA•GREENSSL934CZ OR:175360 Fax 360-466-0333 I 1 � i ATTACHMENT B AGREEMENT BETWEEN CITY OF BREMERTON ("CLIENT") AND CONTRACTOR This AGREEMENT is made as of the 19`" day of August, 2015, between the public entity CITY OF BREMERTON ("Client"), 345-6th Street, Suite 600,Bremerton,WA 98337 (address), and the Contractor: Greenshield Systems, LLC. This Agreement supplements the King County Directors'Association("KCDA") Purchase Order Number ("Purchase Order")for the Client. A general description of the Project is: Pendergast Field #2 Sports Field Drainage Improvements The Architect/Engineer("A/E"), if any, is: The Client, KCDA, and Contractor agree as set forth below. ARTICLE 1 THE WORK l.l This Agreement provides supplemental terms and conditions to the Purchase Order and is incorporated by reference into the Purchase Order as if set forth in full therein. This Agreement shall be completed and executed for all KCDA projects that include any on-site construction activities. The Contractor shall fully execute and complete the entire Work described in the Contract Documents. ARTICLE 2 DATES OF COMMENCEMENT AND SUBSTANTIAL AND FINAL COMPLETION , 2.1 The date of commencement of the Work(the date from which the Contract Time is measured) shall be the date established in a notice to proceed issued by the Client, unless a different date is stated below: 2.2 The Contractor shall achieve Substantial Completion of the entire Work no later than September 15,2015 and Final Completion no later than Se�tember 30, 2015, subject to adjustments of the Contract Time as provided in the Contract Documents. 2.3 Liquidated damages, if any, shall be$ 10 0 . 0 0 per day for each calendar day after the Contract Time that Substantial Completion is not attained, and shall be paid to the Client. ARTICLE 3 CONTRACT SUM 3.1 KCDA shall pay the Contractor for the Contractor's perfor►nance of the Contract the Contract Sum of Thirty-seven thousand, eight hundred twenty-five Dollars($37,825. 00 ), Agreement between Client and Contractor-Washington REV 04292013 2oizz>>s_�.Doc Page 1 subject to additions and deductions as provided in the Contract Documents. Sales tax is not included in the Contract Sum and shall be added to the invoice between the Contractor and KCDA and to the invoice between KCDA and the Client. The contract sum has been derived from the contractor's bid to KCDA directly, or to KCDA through the Association of Educational Purchasing Agencies(AEPA)dated , and is made up of the following components: 3.2 The Contract Sum is based upon and includes the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Client: 3.3 Unit prices beyond those listed in the Contractor's Bid to KCDA or AEPA, if any, are as follows: 3.4 Allowances, if any, are as follows: 3.5 If this Agreement is for a Project for the Contract Sum of one million dollars or more, complete below the names of the following subcontractors with whom the Contractor will subcontract for performance of the work: HVAC (heating, ventilation, and air conditioning) Plumbing as described in chapter 18.106 RCW Electrical as described in chapter 19.28 RCW. ARTICLE 4 PAYMENT 4.1 Whenever this Ageement states that KCDA will make payments, the parties a�ree that payment from the Client to KCDA is a condition precedent to payment from KCDA to the Contractor and that KCDA will use such payments from the Client to pay Contractor. KCDA will make payments to the Contractor as provided below and elsewhere in the Contract Documents based upon Application(s) for Payment submitted by the Contractor and per Article 15. KCDA will schedule final payment, constituting the entire unpaid balance of the Contract Sum except statutory retainage, to the Contractor when the Work has achieved Final Completion, the Agreement has been fully performed, the Client's Board of Directors has accepted the Work, and the Client has agreed to receive billing from KCDA. The retainage shall be paid pursuant to RCW 60.28 and the Contract Documents. 4.2 Payments due and unpaid under the Agreement shall bear interest as specified by RCW 39.76, not to exceed the Bank of America prime rate plus 2%. Agreement between Client and Contractor-Washington REV 04292013 201221 l5_1.DOC Page 2 ARTICLE 5 PERMITS AND FEES 5.1 The Client will secure and pay for the cost of any required building permit. The Client shall secure and pay for necessary approvals, easements, assessments and charges required for the use or occupancy of permanent structures or permanent changes in existing facilities. 5.2 The Contractor shall secure and pay, as a part of the Contract Sum, for all other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the construction of the Work. ARTICLE 6 PROPERTY INSURANCE 6.1 The Client shall insure the property in the amount of its insurable replacement cost, including additions and alterations, against"all risks"of physical loss. The policies may inure to the benefit of the Client only. The Contractor is at risk for all material and equipment not a permanent part of the structure. If the Client requires in writing that the Contractor procure property insurance it shall be paid for by a Change Order. The Contractor's insurance requirements are described in Article 17. 6.2 Upon the occurrence of an insured loss, the Client shall have the power to adjust and settle any loss with the insurers. ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS The Contract Documents are enumerated as follows, except for modifications issued after execution of this Ageement: 7.1 KCDA Invitation to Bid Number 12-415 or AEPA Invitation to Bid Number AEPA and all of the terms and conditions incorporated therein. 7.2 For AEPA bids, Washington, King County Directors'Association(KCDA)Additional Agency Terms and Conditions as listed in the AEPA Invitation to Bid. � 7.3 KCDA Purchase Order Number 7.4 This executed Agreement between the Client and Contractor, including the attached General Conditions. 7.5 Any Supplementary and other Conditions of the Agreement. 7.6 The Specifications as follows: Section Title PagCS 7.7 The Drawings as follows: Agreement between Client and Contractor-Washington REV 04292013 Zoizi>>s_�Doc Page 3 Number Title Date 7.8 The Addenda(if any) as follows: Number Date Pages 7.9 Deparirnent of Labor and Industries Prevailing Wage Rates: County: Effective Date: 7.10 Any other documents forming part of the Contract Documents and listed below: This Agreement entered into as of the day and year first written above. KING COUNTY DIRECTORS'ASSOCIATION CONTRACTOR By By (Signature) (Signature) (Printed name and title) (Printed name and title) CLIENT By (Signature) Pattv Lent, Mayor (Prrnted name and title) Agreement between Client and Contractor-Washington REV 04292013 2o�zz�is_t.noc Page 4 GENERAL CONDITIONS ARTICLE 8 ARTICLE 9 THE CONTRACT DOCUMENTS ADMINISTRATION OF THE AGREEMENT 8.1 The intent of the Contract Documents is to 9.1 The Client, with assistance from the A/E, include all items necessary for the proper execution and will provide administration of the Agreement. The Client completion of the Work by the Contractor. The Contract must approve in writing all changes in the Contract Sum or Documents are complementary,and what is reyuired by one is Time and all Change Orders,Construction Change Directives, as binding as if required by all. Performance by the and payments to the Contractor. Contractor is required to the extent consistent with the Contract Documents and reasonably inferable from them as 9.2 No representative of KCDA, the Client, or being necessary to produce the intended results. the A/E is authorized to revoke, alter,enlarge,relax or release any requirements of the Contract Documents, nor to approve 8.2 The Contract Documents shall not be or accept any portion of the Work whether or not executed in construed to create a contractual relationship of any kind accordance with, nor to issue instructions contrary to the between either the Client or KCDA and a Subcontractor of Contract Documents. All warranties, guarantees, and any tier, or between any persons or entities other than the certificates shall inure to the benefit of the Client. Client,KCDA,and Contractor. 9.3 The Client or the A/E may disapprove, 8.3 The term "Work" means the construction condemn or reject work when, in its opinion, the Work does and services required by the Contract Documents, whether not conform to the Contract Documents. The Client or the completed or partially completed,and includes all other labor, A/E may require special inspection or testing of any Work in materials, equipment and services provided or to be provided accordance with the provisions of the Contract Documents by the Contractor to fulfill the Contractor's obligations. The whether or not such Work is then fabricated, installed or Work may constitute the whole or a part of the Project. completed. 8.4 The term "A/E" means the entity listed as 9.4 The Client or the A/E may call, schedule such on the first page of this Agreement, if any. The A/E may and conduct job meetings, which the Contractor and be an architect,engineering or similar company,or consultant, representatives of its Subcontractors shall attend, to discuss and is not necessarily a licensed architect or engineer. If such matters as procedures, progress, problems and "None" or "N/A" is listed for the A/E, then the Client or its scheduling. designated representative will perform all of the functions of the A/E described herein. The A/E is not an agent of the 9.5 The Client, KCDA, and the A/E may visit Client or KCDA,and is not authorized to speak on behalf of or the site at intervals each considers appropriate to the stage of bind the Client or KCDA. the Work to become generally familiar with the progress and 8.5 The Contractor's execution of the quality of the completed Work. However, none of them will Agreement is a representation and acknowledgement that the be required to make exhaustive or continuous on-site Contractor has visited the site and become familiar with the inspections to check the quality or quantity of the Work. local conditions under which the Work is to be performed,that the Contract Sum is reasonable compensation for all the Work, ARTICLE 10 and that the Contract Time is adequate for the performance of TI3E CONTRACTOR the Work. The Contractor's execution of the Agreement is a further representation and acknowledgement that the 10.1 The Contractor shall perform, supervise and Contractor has carefully checked and verified all pertinent direct the Work,using the Contractor's best skill and attention. figures and examined the Contract Documents and the Project The Contractor shall be solely responsible for and have control site, including any existing structures, and that it has satisfied over construction means, methods, techniques, sequences, itself as to the nature, location, character,quality and quantity personnel and procedures, for safety, and for coordinating all of the Work, the labor, materials, equipment, goods, supplies, portions of the Work under the Agreement. The Contractor work, services and other items to be furnished, and all other shall be an independent contractor in the performance of the requirements of the Contract Documents, as well as the Work and shall have complete control over and responsibility surface conditions and other matters that may be encountered for all personnel performing the Work. The Contractor is not at the Project site or affect performance of the Work or the cost or difficulty thereof. authorized to enter into any agreements or undertakings for or on behalf of KCDA or the Client or to act as or be an agent or 8.6 KCDA is an intended third-party beneficiary employee of KCDA or the Client. of this Agreement and may enforce all of its terms directly against the Contractor. Contractor hereby assigns to the Client 10.2 The Contractor shall provide and pay for all all manufacturers'warranties. labor,materials,equipment,tools,construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and Agreement between Client and Contractor-Washington zoiz2t is_�.�oc Page 5 completion of the Work, whether temporary or permanent and similar submittals required by the Contract Documents. The whether or not incorporated or to be incorporated in the Work. Work shall be in accordance with approved submittals. 10.3 Workers. The Contractor shall enforce 10.8 Progress Schedule. Within seven days of strict discipline and good order among the Contractor's execution of this Agreement, the Contractor shall submit a employees and other persons carrying out the Work. The preliminary schedule of the Work to the Client. Failure to do Contractor shall not permit employment of unfit persons or so shall constitute a material breach of the Contract and a persons not skilled in tasks assigned to them. The Contractor material breach of the conditions of the bid bond. Within shall be responsible to KCDA and the Client for the acts and thirry davs after execution of the Agreement, and before any omissions of the Contractor's employees,Subcontractors of progress payment need be made, the Contractor, after any tier and their agents and employees,and other persons consultations with its Subcontractors, shall submit a Progress performing portions of the Work under a contract with the Schedule to the Client. Neither the Client nor the A/E will, Contractor. At no change to the Contract Sum or Contract however, be reyuired to review or approve the substance or Time,the Client may provide written notice requiring the sequence of the Progress Schedule,which are the Contractor's Contractor to remove from the Work any employee or other sole responsibility. The Contractor will be responsible for person carrying out the Work that the Client considers planning, scheduling, managing, and reporting the progress of objectionable. If the Work is being performed at a site in the Work in accordance with all of the specific methods and active school use or where there is a likelihood of contact with submittals described in the Contract Documents. The children,a person shall be unfit and removed from the site if Contractor shall use the Contract Schedule to plan,coordinate, he or she has pled guilty to or has been convicted of any and prosecute the Work in an orderly and expeditious manner. felony crime involving the physical injury or death of a child (RCW 9A.32 or RCW 9A.36 but not RCW 46.61--motor 10.9 Clean-Up. The Contractor shall keep the vehicle violation),the physical neglect of a child(RCW premises and surrounding area free from accumulation of 9A.42),sexual offenses against a minor(RCW 9A.44),sexual waste materials or rubbish caused by operations under the exploitation of a child(RCW 9.68A),the sale or purchase of a Agreement. Upon completion of Work or at the Client's minor child(RCW 9A.64.030),promoting prostitution of a request, the Contractor shall remove from and about the child(RCW 9A.88),or violation of similar laws of another Project waste materials, rubbish, the Contractor's tools, jurisdiction. Failure to comply with this section shall be construction equipment, machinery and surplus materials. If grounds for the immediate termination of this Agreement. the Contractor fails to do so, the Client may do so and charge to the Contractor all costs incurred. 10.4 Warranty. The Contractor warrants that materials and equipment furnished under the Agreement will 10.10 Access. The Contractor sha11 provide be of good quality and new, that the Work will be performed KCDA, the Client, and the A/E access to the Work wherever in a workmanlike manner,free from defects not inherent in the located. quality reyuired or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not 10.11 RoyalNes and Patents. The Contractor conforming to these requirements, including substitutions not shall pay all royalties and license fees, shall defend suits or properly approved and authorized, is defective. The claims for infringement of patent rights and shall hold KCDA, Contractor's warranty excludes remedy for damage or defect the Client,and the AIE harmless from loss on account thereof, caused by abuse, modifications not executed by the unless the Contract Documents reGuire the particular design, Contractor, improper or insufficient maintenance, improper process or product of a particular manufacturer or operation,or normal wear and tear under normal usage. manufacturers. 10.5 Taxes and Fees. In accordance with 10.12 Indemnification. Subject to the following Article 3,KCDA shall invoice the Client and pay all sales tax. conditions and to the fullest extent permitted by law, the The Contractor shail pay all other consumer,use,B 8,O, and Contractor shall defend,indemnify,and hold harmless KCDA, other similar taxes that are legally enacted when bids are the Client,and the A/E and their respective agents,employees, received, whether or not yet effective or merely scheduled to consultants, successors and assigns ("Indemnified Parties") go into effect. from and against all claims, damages, losses and expenses, direct and indirect, or consequential, including but not limited 10.6 Legal Compliance. The Contractor shall to costs and attorneys' fees incurred on such claims and in comply with and give notices reyuired by laws, ordinances, proving the right to indemnification,arising out of or resulting rules, regulations, and lawful orders of public authorities from performance of the Work, any act or omission of the bearing on performance of the Work. The Contractor shall Contractor, its agents, any of its Subcontractors of any tier, ' promptly notify KCDA, the Client, and A/E in writing if the and anyone directly or indirectly employed by the Contractor Contractor observes the Drawings and Specifications to be at or Subcontractors of any tier("Indemnitor"). The Contractor variance with them. will fully indemnify the Indemnified Parties for the sole negligence of the Indemnitor. The Contractor will indemnify 10.7 Submittals. The Contractor shall review, the Indemnified Parties for the concurrent negligence of the approve and submit to the Client or A/E with reasonable Indemnitor to the extent of the Indemnitor's negligence. The promptness Shop Drawings, Product Data, Samples and Contractor agrees to being added by KCDA or the Client as a Agreement between Client and Contractor-Washington zot22t�s_�.noc Page 6 party to any mediation, arbitration, or litigation with third 10.16 Contractor shall maintain and preserve for at parties in which KCDA or the Client alleges indemnification least three years from the date of final payment books,ledgers, or contribution from an Indemnitor. The Contractor agrees records, documents, estimates, correspondence, logs, that all of its Subcontractors of any tier will, in the schedules,electronic data and other evidence pertaining to the subcontracts, similarly stipulate; in the event any does not,the costs incurred by the Contractor in connection with or related Contractor shall be liable in place of such Subcontractor(s). to the Agreement("records")to such extent and in such detail To the extent a court or arbitrator strikes any portion of this as will properly reflect and fully support all costs,charges and indemnification provision for any reason, all remaining other amounts of whatever nature for which reimbursement or provisions shall retain their vitality and effect. payment is or may be claimed under the Contract. Contractor agrees to make available at all reasonable times at the office of 10.13 Prevailing Wages. the Contractor all such records for inspection, audit and reproduction (including electronic reproduction) by KCDA ]0.13.1 Pursuant to RCW 39.12, no worker, laborer, and the Client and their representatives. These requirements or mechanic employed in the performance of any part of this shall be applicable to each Subcontractor of any tier and Agreement shall be paid less than the "prevailing rate of included in each Subcontract and purchase order issued with wage"(in effect as of the date that bids are due)as determined respect to the Work. The Contractor agrees, on behalf of by the Industrial Statistician of the Department of Labor and itself, its representatives, and Subcontractors of any tier and Industries, ESAC Division, PO Box 44540, Olympia, WA their representatives, that any rights under RCW 42.56.070 98504-4540,Telephone(360)902-5335. The schedule of the will commence at Final Acceptance,and that the invocation of prevailing wage rates for the locality or localities where this such rights at any time by the Contractor or a Subcontractor of Work will be performed are determined as of the Bid Date for any tier or their representatives shall initiate an equivalent the county in which the Project is located and are available at right to disclosures from the Contractor and Subcontractors of http://www.lni.wa.gov/TradesLicensing/PrevWage/Wage any tier for the benefit of KCDA and the Client. Rates/default.asp and are made a part of this Agreement by reference as though fully set forth herein. A copy is available ARTICLE 11 for viewing at the Client's office, and a hard copy will be SUBCONTRACTORS mailed upon request. To the extent that there is any discrepancy between the referenced schedule of prevailing 11.1 A "Subcontractor" is a person or entity that wage rates and the published rates as are applicable under has a direct contract with the Contractor to perform a portion WAC 296-127-011, the published rates shall apply at no of the Work at the site or to supply materials or equipment. A increase to the Contract Sum. The Contractor shall provide "Subcontractor of any tier" includes Subcontractors as well as the respective Subcontractors with a schedule of the applicable ail direct and lower level sub-subcontractors and suppliers. prevailing wage rates. The Industrial Statistician will answer questions relating to prevailing wage data upon request. 11.2 As soon as practicable after award of the Agreement, the Contractor shall confirm in writing to KCDA 10.13.2 Pursuant to RCW 39.12.060, in case any and the Client the names of the Subcontractors for each dispute arises as to what are the prevailing rates of wages for portion of the Work. The Contractor shall not contract with work of a similar nature, and such dispute cannot be adjusted any Subcontractor to whom the Client has made reasonable by the parties in interest, including labor and management and timely objection or different from the one listed in representatives, the matter shall be referred for arbitration to conjunction with the bid. Contracts between the Contractor the director of the Department of Labor and Industries, whose and Subcontractors shall (1) require each Subcontractor to be decision therein shall be final and conclusive and binding on bound to the Contractor by the terms of the Contract all parties involved in the dispute. Documents to the extent of the Work to be performed by the Subcontractor and to assume toward the Contractor all the 10.13.3 The Contractor shall defend,indemnify,and obligations and responsibilities which the Contractor, by the hold KCDA and the Client harmless,including attomeys' fees, Contract Documents, assumes toward KCDA and the Client, from any violation or alleged violation of RCW 39.12 and (2) allow to the Subcontractor the benefit of all rights, ("Prevailing Wages on Public Works") or RCW 51 remedies and redress afforded to the Contractor by these ("Industrial Insurance"), including without limitation RCW Contract Documents. 51.12.050,by the Contractor or any Subcontractor of any tier. 11.3 The Contractor shall promptly pay (and 10.14 The Contractor shali comply with all secure the discharge of any liens asserted by) all persons applicable provisions of RCW 49.28. properly furnishing labor, equipment, materials or other items in connection with the performance of the Work (including, 10.15 Pursuant to RCW 49.70 and WAC 296-62- but not limited to, any Subcontractors). The Contractor shall 054 et seq.,the Contractor shall provide KCDA and the Client furnish to KCDA and the Client such releases of liens and copies of and have available at the Project Site a workplace claims and other documents as KCDA or the Client may survey or material safety data sheets for all "hazardous" request from time to time to evidence such payment (and chemicals under the control or use of Contractor or any discharge). KCDA may, at its option, withhold payment, in Subcontractor at the Project Site. whole or in part,to the Contractor until such documents are so furnished. The Contractor shall defend, indemnify, and hold Agreement between Client and Contractor-Washington 2ot22�ts_i.�oc Page 7 harmless KCDA and the Client from any liens, including all 13.2 Changes in the Work shall be priced using expenses and attorneys' fees. Nothing in the Contract the Contractor's unit prices and/or R.S. Means pricing as Documents shall create any obligation on the part of KCDA, submitted in its Bid to KCDA or AEPA. If no such unit prices the Client, or A/E to pay or to see to the payment of any are listed for the Changes in the Work, and if the parties moneys due any Subcontractor of any tier or other person or cannot agree on the cost or credit to KCDA and the Client entity, except as may otherwise be required by laws and from a Change in the Work, the Contractor shall keep and regulations. present,in such form as KCDA or the Client may prescribe,an itemized accounting together with supporting data. The total ARTICLE 12 cost of any Change or Claim shall be limited to the reasonable CONSTRUCTION BY CLIENT OR BY value of the following: SEPARATE CONTRACTORS 13.2.1 Direct labor costs: The effective 12.1 The Client reserves the right to perform W.D.O.L.&I. prevailing hourly wage for the laborers, construction or operations related to the Project with the journeymen, and foremen performing and/or directly Client's own forces and to award separate contracts in supervising the Changed Work on the site. The premium connection with other portions of the Project or other portion of overtime wages may not be included unless pre- construction or operations on the site under conditions of the approved in writing by the Client. The hourly cost shall be contract identical or substantially similar to those of the based upon basic wages and mandatory fringe benefits and Contract Documents. workers'insurances. 12Z The Contractor shall afford the Client and 13.2.2 Direct material costs: An itemization of the separate contractors reasonable opportunity for the quantity of materials necessary to perform the Change in the introduction and storage of their materials and equipment and Work and the net cost therefor. performance of their activities, and shall connect and coordinate the Contractor's construction and operations as 13.2.3 Construction equipment usage costs: An required by the Contract Documents. itemization of the actual length of time construction eyuipment appropriate for the Work will be used solely on the ARTICLE 13 Change in the Work at the Site times the lower of the actual CHANGES IN THE WORK rental receipt or applicable current state, NECA, Data Quest, or MCA rental cost. Actual,reasonable mobilization costs are 13.1 The Client, without invalidating the permitted if the equipment is brought to the Site solely for the Agreement, may order changes in the Work consisting of Change in the Work. The rate for equipment necessarily additions, deletions or modifications ("Changes"), and the standing by for future use on the Work shall be 50% of the Contract Sum and Contract Time will be adjusted accordingly. rate established above. Changes in the Work, the Contract Sum and/or the Contract Time shall be authorized only by written Change Order signed 13.2.4 Cost of any chan�e in insurance or bond by KCDA,the Client,the A/E and the Contractor or by written premium. Upon request, the Contractor shall provide KCDA Construction Change Directive signed by the Client and the and the Client with supporting documentation. A/E. 13.2.5 Subcontractor costs: Payments the 13.1.1 Chan�e Orders. A Change Order is a Contractor makes to Subcontractors for Changed Work written instrument signed by KCDA, the Client, and the performed by Subcontractors of any tier. The cost of Work Contractor stating their agreement upon a change in the Work; for Subcontractors of any tier shall be determined in the same the amount of the adjustment in the Contract Sum,if any; and manner as prescribed in this Section 13.2. the extent of the adjustment in the Contract Time,if any. 13.2.6 Fee: The allowance for all combined 13.1.2 Construction Change Directives. A overhead, profit, and other costs, including all office, home Construction Change Directive is a written order prepared and office,extended and site overhead(including project manager, signed by the Client and the A/E that directs a change in the project engineer, superintendent and general foreman time), Work and states a proposed basis for adjustment,if any,in the and all delay and including impact costs of any kind,added to Contract Sum or Contract Time, or both. It shall be used in the total cost to the Client of any Change Order or any Claim the absence of total agreement on the terms of a Change for additional work or extra payment of any kind on this Order. The Contractor shall promptly proceed with the Project shall be calculated consistent with the provisions of the change in the Work described in the Construction Change KCDA contract. The change order must be signed by both the Directive. As soon as possible, and within seven days of Client and Contractor. receipt, the Contractor shall advise KCDA and the Client in writing of the Contractor's agreement or disagreement with the 13.3 Dispute Resolution. All claims, disputes cost or the method, if any, provided in the Construction and other matters in question of the Contractor, direct or Change Directive for determining the proposed adjustment in indirect, arising out of, or relating to,the Contract Documents the Contract Sum or Contract Time. or the breach thereof("Claims"), except Claims which have been waived under the terms of the Contract Documents,shall Agreement between Client and Contractor-Washington zo�zz>>s_�.�oc Page 8 be decided exclusively by the following dispute resolution procedure; claims that have been waived under the terms of 13.3.5 Liti�ation. The Contractor may bring no the Contract Documents are not permitted to be brought in any litigation on Claims unless such Claims have been properly forum. The Contractor shall diligently carry on the Work and raised and considered in the dispute resolution procedures of maintain the progress schedule during the dispute resolution Subparagraphs 13.3.1 through 13.3.4 above. All unresolved procedure, including any litigation proceedings, unless the Claims of the Contractor shall be waived and released unless parties mutually agree in writing otherwise. the Contractor has strictly complied with the time limits of the Contract Documents, and litigation is served and filed within 13.3.1 Notice of Claim. The Contractor shall the earlier of (a)120 days after the Date of Substantial submit notice of all Claims to both KCDA and the Client in Completion as designated in writing by the Client or (b)60 writing within seven days of the event giving rise to them and days after Final Acceptance. This requirement cannot be shall include a clear description of the event and its probable waived except by an explicit written waiver signed by KCDA, effect. the Client, and the Contractor. The pendency of a mediation (calculated as the period from the written request for 133.2 Claim Submission. Within 21 days of the mediation through the day following the mediation Notice of Claim,the Contractor shall provide both KCDA and proceeding)shall toll these filing reyuirements. the Client in writing with a Claim, which shall include a clear description of the Claim, all changes in cost and in time 13.4 Notices and Claims. All notices and (direct, indirect, impact, and otherwise) to which the Claims shall be made in writing as required by the Agreement. Contractor and Subcontractors of any tier are entitled,and data supporting the Claim. The claim of a Subcontractor may be 13.4.1 Any notice of a Claim of the Contractor brought only through the Contractor and only after the against KCDA or the Client and any Claim of the Contractor, Contractor notifies KCDA and the Client in writing that the whether under the Agreement or otherwise, must be made Contractor has reviewed and agrees with the Claim. pursuant to and in strict accordance with the applicable provisions of the Contract Documents. Failure to comply with 13.33 Informal Resolution. KCDA and the Client these requirements shall constitute waiver of the Claim. No will make a determination of the Claim. If the Contractor act,omission,or knowledge,actual or constructive,of KCDA, disagrees with KCDA and the Client's determination and the Client, or the t1/E shall in any way be deemed to be a wishes to pursue the Claim further, the Contractor must, waiver of the requirement for timely written notice and a within jourteen davs of receipt of the determination, provide timely written Claim unless KCDA, the Client, and the KCDA and the Client with a written request that a Contractor sign an explicit, unequivocal written waiver representative of the Contractor, KCDA, and the Client meet, approved by KCDA and the Client's Board of Directors. confer, and attempt to resolve the Claim. This meeting will then take place at a mutually convenient time within thirtV 13.4.2 The fact that KCDA, the Client, and the days of the request,unless the Client elects to proceed directly Contractor may continue to discuss or negotiate a Claim that to mediation. has or may have been defective or untimely under the Contract shall not constitute waiver of the provisions of the Contract 13.3.4 Mediation. The Contractor may bring no Documents unless KCDA, the Client, and Contractor sign an litigation against the Client or KCDA unless the Claim is first explicit, unequivocal written waiver approved by the Client's subject to non-binding mediation under the Construction board of directors. Mediation Rules of the American Arbitration Association ("AAA"). The Contractor is responsible for initiating the 13.4.3 The Contractor expressly acknowledges and mediation process. This requirement cannot be waived except agrees that the Contractor's failure to timely submit required by an explicit written waiver signed by KCDA,the Client,and notices or timely submit Claims has a substantial impact upon the Contractor. To initiate the mediation process, the and prejudices KCDA and the Client,including but not limited Contractor shall submit a written mediation request to KCDA to the inability to fully investigate or verify the Claim, and the Client within thirry days of the meeting undertaken in mitigate damages, choose alternative options, adjust the Subparagraph 13.3.3. If the parties are unable to agree to a budget, delete or modify the impacted Work, andlor monitor mediator within thirtv davs after KCDA and the Client's time, cost and quantities. For these and other reasons, the receipt of the written request for mediation, any party may parties stipulate that KCDA and the Client are prejudiced by submit a reyuest for mediation to the AAA. An officer of the the Contractor's failure to timely submit notices or Claims as Contractor and of KCDA and the Superintendent or designee required by the Contract Documents. of the Client,all having full authority to settle the Claim,must attend the mediation session. To the extent there are other 13.5 Claims for Concealed or Unknown parties in interest, such as Subcontractors, their Conditions. If conditions unknown to the Contractor are representatives, with full authority to settle the Claim, shall encountered at the site which are (1) concealed physical also attend the mediation session. Unless KCDA, the Client, conditions that differ materially from those indicated in the and Contractor mutually agree in writing otherwise, all Contract Documents or(2)unknown physical conditions of an unresolved Claims in the Project shall be considered at a unusual nature, which differ materially from those ordinarily single mediation session which shall occur prior to Final found and generally recognized as inherent in activities of the Acceptance by the Client. character provided for in the Contract Documents, then the Agreement between Client and Contractor-Washington 20122115_I.DOC Page 9 Contractor shall give written notice to KCDA and the Client Subparagraph 2.3, only where KCDA or the Client's own promptly before conditions are disturbed and in no event later actions or inactions were the actual, substantial cause of the than seven davs after the first observance on the conditions. delay and where the Contractor could not have reasonably The Contractor shall make any Claim arising from such avoided the delay by the exercise of due diligence. If a delay condition in accordance with the dispute resolution procedure was caused by the Contractor, a Subcontractor of any tier, or in Subparagraph 13.3. anyone acting on behalf of any of them, the Contractor is not entitled to an increase in the Contract Time or in the Contract 13.6 Claims for Consequential Damages. The Sum. Contractor, the Client, and KCDA waive Claims against each other for consequential damages arising out of or relating to 14.3 THE TIMELY COMPLETION OF THIS this Contract. This mutual waiver includes without limitation: PROJECT IS ESSENTIAL TO KCDA AND THE CLIENT. KCDA and the Client will incur serious and substantial .1 damages incurred by KCDA or the Client damages if Substantial Completion of the Work does not occur for rental expenses, for losses of use, income, profit, within the Contract Time; however, it may be difficult if not financing, business and reputation, and for loss of impossible to determine the amount of such damages. management or employee productivity or of the Consequently, this Agreement may include provisions for services of such persons;and liquidated damages. KCDA and the Client's right to liquidated damages is not affected by partial completion, .2 damages incurred by the Contractor for occupancy, or beneficial occupancy. If this Agreement does principal and home office overhead and expenses not contain an agreed amount for liquidated damages, KCDA including without limitation the compensation of and the Client may prove their actual damages. personnel stationed there, for losses of financing, business and reputation, for losses on other projects, ARTICLE 15 for loss of profit,and for interest or financing costs. PAYMENTS AND COMPLETION This mutual waiver is applicable to all conseyuential damages 15.1 Progress Payments. Payments shall of any cause,including without limitation due to either party's be made as provided in Articles 3 and 4 of this Agreement. If termination in accordance with Article 20. Nothing contained Progress payments are specified, they will be made monthly in this Section 13.6 shall be deemed to preclude an award of for Work duly approved and performed during the calendar liquidated damages, when applicable, in accordance with the month preceding the application according to the following requirements of the Contract Documents. procedure. 13.7 The Contractor (including Subcontractors) 15.1.1 Draft Application. Within the first five days shall not in any event be entitied to damages arising out of of each month, the Contractor shall submit to KCDA and the actual or alleged loss of efficiency;morale,fatigue,attitude,or Client, for the Client's approval, a report on the current status labor rhythm; constructive acceleration; home office of the Work as compared to the Progress Schedule and a draft overhead; expectant underrun; trade stacking; reassignment of itemized AIA Application for Payment for Work performed workers; concurrent operations; dilution of supervision; during the prior caiendar month. This shall not constitute a leaming curve;beneficial or joint occupancy; logistics; ripple; payment request. KCDA or the Client may request the season change; extended overhead; profit upon damages for Contractor to provide data substantiating the Contractor's right delay;impact damages;or similar damages. to payment, such as copies of requisitions or invoices from Subcontractors. ARTICLE 14 TIME 15.1.2 Payment Request. The Client shall review and approve the draft Application for Payment, or state its 14.1 Within seven days of executing the reasons for disapproval. Upon the Client's approval,and after Agreement, the Contractor shall deliver any required bond to the Contractor has furnished all data requested,the Contractor the Client with a copy to KCDA; no Progress Payments shall may submit to KCDA a payment request in the agreed-upon be due until the bond is delivered. amount, in the form of a notarized, itemized AIA Application for Payment for Work performed during the prior calendar 14.2 If the Contractor is delayed at any time in month. KCDA shall re-verify the amounts with the Client progress of the Work by changes ordered in the Work, by and,once verified and approved by the Client, will invoice the unanticipated general labor disputes, fire, unusual delay in Client, and KCDA shall make payment to Contractor from deliveries, abnormal adverse weather conditions not funds received from the Client. Payment from the Client to reasonably anticipatable, unavoidable casualties, delays KCDA is a condition precedent to payment from KCDA to the caused by the Client or its separate contractors, or any causes Contractor. Among other things, the Application shall state beyond the Contractor's control,or by other causes which may that prevailing wages have been paid in accordance with the justify delay, then the Contract Time shall be extended by prefiled statement(s) of intent to pay prevailing wages on file Change Order to the extent the critical path is affected. The with KCDA and the Client and that all payments due Contractor (including Subcontractors) shall be entitled to Subcontractors from KCDA's prior payments have been damages for delay, the total limited to the liquidated rate of made. The submission of this Application constitutes a Agreement between Client and Contractor-Washington 20122115_I.DOC Page 10 certification that the Work is current on the progress schedule, foregoing reasons, KCDA will provide the Contractor, within unless otherwise noted on the Application. If the Contractor eight working days after KCDA's receipt of the Application believes it is entitled to payment for Work performed during for Payment, written notification of the reasons that all or part the prior calendar month in addition to the agreed-upon of the payment is being withhe(d and what remedial actions amount, the Contractor may submit to KCDA a separate the Contractor must take to receive the withheld amount. written payment request specifying the exact additional amount due, the category in the Schedule of Values in which 15.5 SubstanNal Completion. the payment is due,the specific Work for which the additional amount is due,and why the additional payment is due. 15.5.1 When the Contractor believes that the Work is Substantially Complete,it shall notify KCDA and the Client 15.1.3 Payments to Subcontractors. No payment in wtiting. When the Client agrees, the Client will issue a request shall include amounts the Contractor does not intend Certificate of Substantial Completion. Substantial Completion to pay to a Subcontractor. If, after making a request for is the stage in the progress of the Work when the construction payment but before paying a Subcontractor for its is sufficiently complete, in accordance with the Contract performance covered by the payment request, the Contractor pocuments, so the Client can fully utilize the Work (or the discovers that part or all of the payment otherwise due to the designated portion thereo�for the use for which it is intended. Subcontractor is subject to withholding from the All Work other than incidental corrective or punchlist work Subcontractor for unsatisfactory performance, the Contractor and final cleaning shall have been completed. The Work is may withhold the amount as allowed under the subcontract, not Substantially Complete if all systems and parts affected by but it shall give the Subcontractor and KCDA and the Client the Work are not usable or if utilities affected by the Work are written notice of the remedial actions that must be taken as not connected and operating normally. The fact that the Client soon as practicable after determining the cause for the may use or occupy the Work or designated portion thereof withholding but before the due date for the Subcontractor does not indicate that the Work is Substantially Complete,nor payment,and pay the Subcontractor within eight ivorking days does such occupation toll or change any liquidated damages after the Subcontractor satisfactorily completes the remedial due KCDA. action identified in the notice. 15.5.2 Immediately before partial or complete 15.2 Prevailing Wages. Pursuant to RCW occupancy, the Client will schedule an inspection tour of the 39.12, the Contractor will not receive any payment until the area to be occupied. A representative of KCDA and/or the Contractor and all Subcontractors have submitted a"Statement Client,A/E and Contractor will jointly tour the area and record of Intent to Pay Prevailing Wage" to KCDA and the Client. items still remaining to be finished and/or conected. The The statement must have the approval of the Industrial Contractor shall supply and install any items missed by the Statistician of the Department of Labor and Industries before it inspection but required or necessary for Final Completion as a is submitted to KCDA and the Client. The Contractor and the part of the Contract Sum, notwithstanding their not being respective Subcontractors shall pay all fees required by the recorded during the inspection tour. Department of Labor and Industries, including fees for the approval of the "Statement of Intent to Pay Prevailing 15.6 Final Payment. Pursuant to RCW 60.28, Wages." Approved copies of the "Statement of Intent to Pay completion of the Contract Work shall occur after the Prevailing Wages" must be posted where workers can easily Contractor has notified KCDA and the Client in writing that read them. the Work has been concluded and submits the items listed below to KCDA and the Client, any required occupancy 15.3 Progress payments. Unless the Client permit has been issued, and the Client's Board formally informs the Contractor that a payment will be withheld as accepts the Project("Final Acceptance"). Final Payment shall provided in Section 15.4, KCDA shall make progress not become due until after Final Acceptance. payments within 30 days of approval of the payment request by the Client. .1 An affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected 15.4 Withheld Payments. Payments may be with the Work for which the Client or its property withheld on account of(1) defective Work not remedied, (2) might in any way be responsible or encumbered,have claims filed by third parties, (3) failure of the Contractor to been paid or otherwise satisfied, make payments properly to Subcontractors or for labor, materials or equipment or provide releases under .2 consent of surety to final payment, Section l 1.3.1, (4) reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum, (5) .3 a certificate evidencing that insurance required by damage to KCDA, the Client, or another contractor, (6) the Contract Documents to remain in force after final reasonable evidence that the Work will not be completed payment is currently in effect and will not be within the Contract Time and that the unpaid balance would canceled or allowed to expire until at least 30 davs' not be adeyuate to cover actual or liquidated damages for the prior written notice has been given to KCDA and the anticipated delay, or (7) failure to carry out the Work in Client, accordance with the Contract Documents. When KCDA intends to withhold all or part of a payment for any of the Agreement between Client and Contractor-Washington zotzzt�s_�.uoc Page 11 .4 a written statement that the Contractor knows of no substantial reason why the insurance will not be 15.7.2 Final Pavment to Contractor. Acceptance of renewable to cover the period required by the final payment by the Contractor shall constitute a waiver of Contract Documents, Claims except those previously made in writing and identified in writing as unsettled on the final Application for Payment. .5 other data establishing payment or satisfaction of or protection (satisfactory to KCDA and the Client) 15.7.3 Change Orders. The execution of a Change against all obligations, such as receipts, releases and Order shall constitute a waiver of Claims by the Contractor waivers of liens arising out of the Agreement, arising out of the Work to be performed or deleted pursuant to satisfactorily demonstrating to KCDA and the Client the Change Order, except as specifically described in the that the claims of Subcontractors and laborers who Change Order. If the Contractor adds to a Change Order or have filed claims have been paid, any other document a reservation of rights that has not been initialed by KCDA and the Client, all the amounts previously .6 pursuant to RCW 39.12.040, an "Affidavit of agreed shall be considered disputed and not yet payable unless Wages Paid" from the Contractor and from each the costs are re-negotiated or the reservation is withdrawn or Subcontractor certified by the Industrial Statistician changed in a manner satisfactory to and initialed by KCDA of the Department of Labor and lndustries, with fees and the Client. If KCDA makes payment for a Change Order paid by the Contractor or Subcontractor, or an Application for Payment that contains a reservation of rights not initialed by KCDA and the Client to indicate .7 a certified statement that the Contractor has closed agreement with the reservation, and if the Contractor all necessary permits or otherwise met the negotiates the check for such payment,then the reservation of requirements of all governing jurisdictions related to rights shall be deemed waived,withdrawn,and of no effect. this Project(including,without limitation,city/county building departments, health districts and utility 15.8 Retaivage. districts; attach a copy of each of these closed or signed-off permits), 15.8.1 Pro re� ss Pavments: .8 all warranties,guarantees,certificates,spare parts, .1 Pursuant to RCW 60.28, KCDA will reserve 5% specified excess material, and other documents or from the moneys the Contractor earns on estimates items required by the Contract Documents,and during the progress of the Work, to be retained as a trust fund for the protection and payment of the .9 a hard copy of the "record" drawings and claims of any person arising under the Agreement specifications, delivered in a clear, clean and legible and the state with respect to taxes imposed pursuant condition. to Title 82 RCW which may be due from the Contractor. If any Subcontractor of any tier refuses to furnish a release or waiver required by KCDA of the Client, KCDA .2 The moneys reserved may, at the option of the may retain in the fund, account,or escrow funds such amount Contractor, be (1) retained in a fund by KCDA until as to defray the cost of foreclosing the liens of such claims and 45 davs following Final Acceptance; or(2)deposited to pay attorneys' fees,the total of which shall be no less than by KCDA in an interest-bearing account in a bank, 150% of the claimed amount. If any such lien remains mutual savings bank,or savings and loan association, unsatisfied after all payments are made, the Contractor shall not subject to withdrawal until 45 days following refund to KCDA all moneys that the latter or the Client may Final Acceptance, with interest to the Contractor; or be compelled to pay in discharging such lien, including all (3) placed in escrow with a bank or trust company costs and reasonable attorneys' fees. until 45 days following the Final Acceptance, by KCDA's joint check to the bank or trust company Final payment shall be made pursuant to RCW 60.28 and the Contractor, to be converted into bonds and after the Contractor has properly submitted certificates from securities chosen by the Contractor, approved by the Department of Revenue, the Department of Labor and KCDA, and held in escrow, with interest on the Industries and, pursuant to RCW 50.24, a certificate from the bonds and securities paid to the Contractor as it Department of Employment Security. accrues. 15.7 Waivers. .3 If moneys are retained from the Contractor,it may retain payment of not more than 5%from the moneys 15.7.1 Final Pavment by KCDA. The making of earned by any Subcontractor, provided that the final payment shall constitute a waiver of claims by KCDA Contractor pays interest to the Subcontractor at the and the Client except those arising from (1) liens, claims, same interest rate it receives from its reserved funds. security interests, or encumbrances arising out of the Agreement and unsettled; (2) failure of the Work to comply 15.9 Warranty of Title. The Contractor with the reyuirements of the Contract Documents;or(3)terms warrants and guarantees that title to Work, materials and of warranties required by the Contract Documents or law. equipment covered by an Application for Payment, whether Agreement between Client and Contractor-Washington 20122115_I.DOC Page 12 incorporated in the Project or not, will pass to the Client no the Contractor may subcontract or sublet to others; and on the later than the time of payment,free and clear of liens. indemnity provisions of this Agreement. This insurance will name KCDA and the Client and their employees as additional ARTICLE 16 insureds per Additional Insured Owner's (Form B) for Work PROTECTION OF PERSONS AND PROPERTY performed under this Agreement. The Contractor's policy shall be designated primary coverage for both defense and 16.1 The Contractor shall be solely responsible indemnity, and any KCDA or Client policies excess. Such for, and neither KCDA, the Client, nor the A/E shall have limits of liability insurance shall have per project general responsibility for, all aspects of safety, including initiating, aggregate provisions and shall not be less than the following: maintaining, and supervising all safety precautions and programs in connection with the performance of the .1 $1,000,000 Combined Single Limit protection for Agreement. The Contractor shall take reasonable precautions both bodily injury and property damage liability per for safety of, and shall provide reasonable protection to occurrence and$2,000,000 general aggregate; prevent damage, injury or loss to (1) employees on the Work and other persons who may be affected thereby; (2)the Work .2 $1,000,000 per accident for bodily injury liability and materials and eyuipment to be incorporated therein; and including sickness, disease or death and property (3)other property at the site or adjacent thereto. damage liability because of damage to or destruction of properiy of others, including loss of use thereof 16.2 The Contractor shall give notices and arising out of the operation of automobiles. comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of .3 $1,000,000 for personal injury liability coverage persons and property and their protection from damage,injury, included and defined in the Commercial General or loss. The Contractor shall promptly remedy damage and Liability insurance policy for damages which are loss to property at the site caused in whole or in part by the sustained by (1) a person as a result of an offense Contractor, a Subcontractor of any tier, or anyone directly or directly or indirectly related to employment of such indirectly employed by any of them, or by anyone for whose person by the Contractor,or(2)by another person. acts they may be liable and for which the Contractor is responsible, except for damage or loss attributable to acts or .4 $1,000,000 for claims involving blanket omissions of KCDA, the Client, or A/E or by anyone for contractual liability insurance (included and defined whose acts any of them may be liable, and not attributable to in the Commercial General Liability Insurance the fault or�negligence of the Contractor. The foregoing Policy) applicable to the Contractor's obligations obligations of the Contractor are in addition to the under Paragraph 10.12. Contractor's obligations under Paragraph 10.12. .5 In addition, the Contractor shall maintain a true 16.3 The Contractor shall not be required to umbrella policy that provides excess limits over the perform without consent any Work relating to asbestos or primary layer,in an amount not less than$2,000,000. polychlorinated biphenyl ("PCB") unless specifically required by the Contract Documents. 17.1.2 The insurance described above shall include coverage for underground,collapse and explosion exposures. 16.4 The Contractor shall bear the risk of any loss, damage or destruction of its own property, including 17.1.3 In addition, the Contractor shall purchase without limitation its tools, trailers and equipment, whether and maintain insurance for claims under workers' rented or owned, to the extent that they will not be compensation (industrial insurance), disability benefit and incorporated in the Work. Any insurance provided by the other similar employee benefit acts in the State statutory Client will not cover any such loss,damage or destruction. amount and Employer's Liability with coverage of at least $250,000/$500,000. ARTICLE 17 INSURANCE AND BONDS 17.1.4 Before commencing the Work or exposure to loss can occur, and, in any event, within ter� days after 17.1 Contractor's Liability Insurance. KCDA has issued its notice of intent to award contract, the Contractor shall furnish KCDA and the Client with 17.1.1 The Contractor shall purchase from and Certificates of Insurance, in duplicate, as evidence of all maintain during the life of this Agreement,at its own cost in a insurance reyuired by the Contract Documents. company or companies admitted to do business in the State of 17.1.5 Coverage shall be maintained without Washington, possessing a Best's policy holder's rating of A- interruption from the date of commencement of the Work until or better and a financial rating of no less than VII, and the date of Final Acceptance,except for any coverage required reasonably acceptable to KCDA and the Client,an occurrence- to be maintained after Final Acceptance. Completed based Commercial General Liability Insurance Policy which operations coverage shall remain in force for three years after shall provide bodily injury and property damage liability on Final Acceptance. the Contractor's operations, including its Subcontractors of any tier; owned, non-owned and hired vehicles; and on work Agreement between Client and Contractor-Washington 2ot22>>s_�.�oc Page 13 17.1.6 If KCDA or the Client is damaged by the ARTICLE 18 failure of the Contractor to maintain any of the above CORRECTION OF WORK insurance or to so notify KCDA and the Client, than the Contractor shall bear all costs properly attributable thereto. 18.1 The Contractor shall promptly and within at KCDA MAY WITHHOLD PAYMENT PENDING RECEIPT least foierteen (14) days of notice from the Client or KCDA OF ALL CERTIFICATES OF INSURANCE. Failure to correct Work rejected or failing to conform to the withhold payment shall not constitute a waiver. requirements of the Contract Documents at any time through a period of one year from the date of Substantial Completion of 17.1.7 KCDA's specification or approval of the the Agreement or by terms of a longer manufacturer's insurance in this Agreement or of its amount shall not relieve warranty or an applicable special warranty required by the or decrease the liability of the Contractor under the Contract Contract Documents. The provisions of this Article apply to Documents or otherwise. Coverages are the minimum to be Work done by Subcontractors of any tier as well as to Work provided and are not limitations of liability under the Contract, done by direct employees of the Contractor. indemnification,or applicable law provisions. The Contractor may, at its expense, purchase larger coverage amounts or 18.2 If the Contractor fails to correct Work that is additional insurance. not in accordance with the requirements of the Contract Documents or fails to carry out the Work in accordance with 17.2 Property Insurance. the Contract Documents, KCDA and/or the Client, by a written order, may order the Contractor to stop the Work, or 17.2.1 The requirements for property insurance are any portion thereof, until the cause for such order has been addressed in Article 6 above. eliminated. 17.3 Waivers of Subrogation. 18.3 Nothing contained in this Article shall be construed to establish a period of limitation with respect to 17.3.1 KCDA,the Client,and the Contractor waive other obligations which the Contractor might have under the all rights against each other and any of their subcontractors of Contract Documents. Establishment of the time period of one any tier, the A/E, their consultants, separate contractors year as described above relates only to the specific obligation described in Article 12 (if any), and any of their respective of the Contractor to correct the Work and has no relationship agents and employees, for damages caused by fire or other to the time within which the obligation to comply with the causes of loss to the extent covered by property insurance Contract Documents may be sought to be enforced, nor to the obtained pursuant to Articles 6 and 17.2 or other property time within which proceedings may be commenced to insurance applicable to the Work, except such rights as they establish the Contractor's liability with respect to the have to proceeds of such insurance held by the Client as Contractor's obligations other than specifically to correct the fiduciary. KCDA and the Client do not waive their Work. subrogation rights to the extent of the Client's property insurance on structures or portions of structures that do not ARTICLE 19 comprise the Work. A waiver of subrogation shall be MISCELLANEOUS PROVISIONS effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, 19.1 Applicable Law. The Agreement shall be contractual or otherwise, did not pay the insurance premium governed by the laws of the State of Washington, without directly or indirectly, and whether or not the person or entity regard to its choice of law provisions. had an insurable interest in the property damaged. 19.2 Statutes. The Contractor shall abide by the 17.4 Payment and Performance Bond. provisions of all applicable Washington statutes. The statutes referenced in the Contract Documents are not meant to be a 17.4.1 The Contractor is required to submit a bond complete list and should not be relied upon as such. secured from a surety company licensed to do business in the State of Washington. The Contractor shall pay for a surety 19.3 Contractor Registration and Related bond in the full amount of the Contract Sum plus sales tax, Requirements. Pursuant to RCW 39.06,the Contractor shall pursuant to RCW 39.08. Within seven days of entering into be registered or licensed as required by the laws of the State of the Agreement, the Contractor shall deliver two copies of the Washington, including but not limited to RCW 18.27. The bond to KCDA and one copy each to the Client and the A/E. Contractor shall: have a current state unified business The price of the bond will be added to the total contract identifier number; have industrial insurance coverage for the amount to be paid by the Client. KCDA MAY DECLINE TO Contractor's employees working in Washington as required in ENTER INTO THE CONTRACT LF EVIDENCE OF Title 51 RCW; have an employment security department BONDABILITY IS NOT RECEIVED, AND THE CLIENT number as required in Title 50 RCW; have a state excise tax MAY WITHHOLD ITS NOTICE TO PROCEED AND/OR registration number as required in Title 82 RCW, and; not be WITHHOLD PAYMENT TO THE CONTRACTOR LJNTIL disqualified from bidding on any public works contract under SUCH SURETY BOND IS RECEIVED. RCW 39.06.010 (unregistered or unlicensed contractors) or RCW 39.12.065(3)(prevailing wage violations). Agreement between Client and Contractor-Washington 20122115_I.DOC Page 14 19.4 Law Against Discrimination. Contractor .1 the Contractor fails to prosecute the Work or any shall comply with pertinent statutory provisions relating to portion thereof with sufficient diligence to ensure the public works of RCW 49.60. Completion of the Work within the Contract Time; 19.5 Provisions for Aged and Handicapped .2 the Contractor is in material default of or Persons. Contractor shall comply with pertinent statutory materially breaches any provisions of this provisions relating to public works of RCW 70.92. Agreement; 19.6 Safety Standards. Contractor shall comply .3 the Contractor is adjudged bankrupt, makes a with pertinent provisions of Chapter 296-155 WAC, "Safety general assignment for the benefit of its creditors, or Standards for Construction Work." if a receiver is appointed on account of its insolvency; 19.7 Unemployment Compensation. Pursuant to RCW 50.24 in general and RCW 50.24.130 in particular, .4 the Contractor fails to supply a sufficient number the Contractor shall pay contributions for wages for personal of properly skilled workers or proper materials; services performed under this Agreement or amange for a bond acceptable to the commissioner. .5 the Contractor fails to make prompt payment to Subcontractors or for materials or labor; 19.8 Drug-Free Workplace. The Contractor and all Subcontractors shall fully comply with all applicable .6 the Contractor materially disregards laws, federal, state, and local laws and regulations regarding drug- ordinances, rules, regulations or orders of any public free workplace, including the Drug-Free Workplace Act of authority having jurisdiction;or 1988. Any person not fit for duty for any reason, including the use of alcohol, controlled substances, or drugs, shall .7 the Contractor fails to comply with the provisions immediately be removed from the Work. of RCW 28A.400.330 by permitting a worker on the Project having contact with children who has been 19.9 Tobacco-Free Environment. Smoking or convicted of or pled guilty to a felony crime use of any kind of lighted pipe, cigar, cigarette or any other involving children as described in Paragraph 10.3. lighted smoking equipment, material or smokeless tobacco products is prohibited on all Client property. 20.3 Termination for Convenience by Client. The Client may,at any time upon se>>en days'written notice to the 19.10 Asbestos Removal. To the extent this Contractor, terminate (without prejudice to any right or Project involves asbestos removal, the Contractor shall remedy of the Client or KCDA) the whole or any portion of comply with RCW 49.26 and any provisions of the the Work for the convenience of KCDA and the Client. The Washington Administrative Code promulgated thereunder. Client shall be liable to Contractor only for those costs reimbursable to Contractor in accordance with the following: 19.11 Assignment. The Contractor shall not let, , delegate duties under, assign or transfer this Agreement, or .] The amount due under Articles 4 of this any interest in it or part of it,without the prior written consent Agreement for the performance of the Work of KCDA and the Client. terminated; ARTICLE 20 .2 Other pre-approved costs, consistent with TERMINATION OF THE CONTRACT Paragraph 13.2,necessary and reasonabiy incurred in connection with the termination of Work. 20.1 Termination for Cause by Contractor. If KCDA fails to make payment for a period of 60 days through The total sum to be paid to the Contractor under this no fault of the Contractor and has been given approval by the Paragraph 20.3 shali not exceed the Contract Sum as reduced Client, the Contractor may, upon seven additiona! dcrvs' by the amount of payments otherwise made. written notice to KCDA,terminate the Agreement and recover from KCDA payment for all Work properly executed and for 20.4 Effeets of Termination. proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including Fees 20.4.1 Unless the Client directs otherwise, after applicable thereto. receipt of a Notice of Termination from the Client pursuant to Paragraph 20.2 or 20.3,the Contractor shall promptly: 20.2 Termination for Cause by Clieut. The Client may, upon seven days'written notice to the Contractor, .1 stop Work under the Agreement on the date and as terminate(without prejudice to any right or remedy of KCDA specified in the Notice of Termination; or the Client)the whole or any portion of the Work for cause, including but not limited to the following circumstances: .2 place no further orders or subcontracts for materials, equipment, services or facilities, except as Agreement between Client and Contractor-Washington 20122115_I.DOC Page 15 may be necessary for completion of any portion of the Work that is not terminated; .4 the agreed price for or the proceeds of sale of any materials, supplies or other things acquired by the .3 procure cancellation of all orders and Contractor or sold, pursuant to the provisions of subcontracts, upon terms acceptable to the Client, to Subparagraph 20.4.1.7, and not otherwise recovered the extent that they relate to the perforn►ance of Work by or credited to KCDA. terminated; 20.4.3 If(and only i fl the termination pursuant to .4 assign to the Client all of the right, title and Paragraph 20.3 is partial, the Contractor may file a Claim for interest of the Contractor under all orders and an equitable adjustment of the price or prices specified in the subcontracts, in which case the Client shall have the Agreement relating to the continued portion of the Agreement. right, in its discretion, to settle or pay any or all The Contractor must assert any Claim for an equitable claims arising out of the termination of such orders adjustment under this subparagraph within twenry-one days and subcontracts; from the effective date of the Termination. .5 with the Client's approval, settle all outstanding 20.4.4 The Contractor shall refund to KCDA any liabilities and all claims arising out of such amounts KCDA paid to the Contractor in excess of costs termination of orders and subcontracts not assigned reimbursable under Paragraph 20.3. to the Client; 20.4.5 The damages and relief from termination by .6 transfer title and deliver to the entity or entities the Client specifically provided in Article 20 shall be the designated by the Client the fabricated or Contractor's sole entitlement in the event of termination. unfabricated parts, Work in process, partially completed supplies and equipment, materials, parts, 20.4.6 When this Agreement refers to a tools, dies,jigs and other fixtures, completed Work, termination, it is understood that the termination is of this supplies and other material produced as part of, or Agreement, the Purchase Order, and all related contract acquired in connection with the performance of, the documents. Work terminated, and the completed or partially completed plans, drawings, information and other End of Section property related to the Work; .7 use its best efforts to sell any property of the types referred to in Subparagraph 20.4.1.6. The Contractor may acquire any such property under the conditions prescribed by and at a price or prices approved by the Client, and the proceeds of any such transfer or disposition may be applied in reduction of any payments to be made by the Client to the Contractor; .8 take such action as may be necessary or as directed by the Client to preserve and protect the Work and property related to this Project in the possession of the Contractor in which the Client has an interest;and .9 continue performance only to the extent not terminated. 20.4.2 In arriving at any amount due the Contractor after termination,the following deductions shall be made: .1 all unliquidated advance or other prior payments on account made to the Contractor applicable to the terminated portion of the Agreement; .2 any claim which KCDA or the Client may have against the Contractor; .3 an amount necessary to protect KCDA and the Client against outstanding or potential liens or claims;and Agreement between Client and Contractor-Washington 2o�zz>>s_t.noc Page 16 � ATTACHMENT C I , � �. ��-��rsRc�r�siaG coaPERa ri.vE - - _ I 18639-80T"Ave S, d P.O.Box 5550•Kenl,WA 98064-5550+Phone 425-251-8115•Fax 253-395-5402•w�vw.kcde.org I I R�B�E�A�i�XTEN1S90�@ OF A�RE��19E1�`� � � ; Contract 12-415 REfVENVAVEX��NSlO�I AGREEMEB�T I Made by a�nd befi�een I 80ARDOF �� urchasing Cooperative � DI(2ECTORS PO �ox 5550 Kent, WA 9�064-5550 pivl ion 1 425 251 8115 ! BILL I CIAUSMEYER � Tehome I School Dishict 409 AP'1d Olvision 2 Greenshee9d S stenns LLC DOUG y EGLINGTON Lake Wasiiirrgton S�id reement bein numbered KCDA 12-415 S orts Field Draina e S stems School Dfstrid 494 �°►9 9 P 9 Y . .5�0�3 I The existing Agreement initially commenced October 21, 2011 through October 18, BRIAN 2012. The Term of Contract and RenewallExtension in the O(CDA Bid provides the DEAGLE Agreemerrt may be extended in three 12 mon4h increments by mutual vuritten issoQ�en � reement October 2013 October 2014, and October 2015 KCDA Purchasin Schonl District 491 9 � � �' g { Cooperative desires to enter into the third year renewal beginning October 17, 2014 � through October 31, 2015. Upon the signature of an authorized offic�r of the Agency I KAREN 4 aond of the above named company or corporation, the agreement is hereby extended. DEBRULER Kent This extension shall be subject to the Terms and Conditions �s contained in the original SchoolDisMct415 �CDA Bid Number 12-415 Dfulslon 5 KCDA Purchasin Coo e�ative DICK g p NICHOLSON ��/'� � /� � / ` Shoreline Authorized Signature'� v ��G(L�� , dated l v O��—�`T School District 412 � , Printed� - t'_- �-�' =r'�..��7�.. - Greensheild Systems LLC Authoriz�d Signature �h:�Lic1� T�U�W�A,w , d�ted 10-21-2014 Printed Cynthia Dolman King County Directors'Association � A Public Procurement Agency � � f • �,;� ! 1 �� — —-- -- — � � � � e� . - �---�� . �" .,�, ' l � _ _ �� ' � �`��" ' , j ;:� �V� �� _. ��;�.' �� %� •„_ ��-. . �1 y.. l � � � � � _� �r �� r ` �' _ - � . a A�� ' - ' i `I � _-_'_ �-�-%�� l � � __ . _ ___ � , , ;: � �- ,�; . - �� i , � �:�. � / -�. . — — -- '�� - �; � � 3 I � ,�f ` ! 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( � ' � , , "�5' � ,d� I�It� �x.�y � �'� �4 ��kti y � t � -tik��I��,� ,ryjdT .n��p�, }'��y.c '� � t{(�YhhC'OphC�� it"� : . ,,;d.. �� .,a��a '.�"��i2�il.h'�G _�lu��l, wi,yH,f_.wi.'� ht,� �,,M'� .u�'ll�,��v. "'��i!�.,i�d�.i�,s��G¢(.'a�.,,d�t.ilW�'� ��'s��tn.a__�a:' AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5282 amending Study Session Date: 08/12/15 BMC Chapter 15.06 and Ordinance No. COUNCIL MEETING Date: 08/19/15 5265 relating to Assessments, Rates, Fees, Department: PW&U and Charges for Water, Wastewater, and Presenter: Chal Martin/Wayne Stormwater Services Hamilton/Cathy Johnson Phone: 473-5207 SUMMARY: Financial Consulting Solutions Group (FCS)was retained by the City to perform a general facilities charge (GFC) update for water, wastewater and stormwater utilities, in conjunction with the review of the City's miscellaneous fee schedule. The proposed ordinance incorporates amendments to Bremerton Municipal Code Chapter 15.06 and ordinance 5265. Exhibits A and B outlines assessments, rates, fees, and charges for water, wastewater and stormwater services recommended by FCS as determined by the study. ATTACHMENTS: 1) Ordinance 2) GFC Summary 3) Exhibit A 4) Exhibit B FISCAL IMPACTS (Include Budgeted Amount): The study concluded the recommended rates are required to meet 08�M, capital improvements, and recover appropriate system development charges and fees for development activities. Failure to implement study recommendations will result in ratepayers subsidizing new development and will also result in utility budget shortfalls. STUDY SESSION AGENDA: ❑ No Presentation � Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑x General Business ❑ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5282 amending Chapter 15.06 of the Bremerton Municipal Code and Ordinance No. 5265 relating to assessments, rates, fees and charges for water, wastewater and stormwater services. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 � ORDINANCE NO. 5282 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 15.06 of the Bremerton Municipal Code entitled "Assessments, Rates, Fees and Charges" and further, amending rates and fees established in Ordinance No. 5265 relating to water, wastewater, stormwater and other related services. WHEREAS, the City Council desires to amend Chapter 15.06 of the Bremerton Municipal Code entitled "Assessments, Rates, Fees and Charges" in order to update the provisions of Section 15.06.020 entitled "Assessments"relating to the manner in which certain utility rates, fees and charges are assessed; and WHEREAS, the City Council further desires to amend the rates and fees established in Ordinance No. 5265 in conjunction with the amendments to Chapter 15.06 BMC, NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS. SECTION 1. Code Amended. Chapter 15.06 of the Bremerton Municipal Code entitled "Assessments, Rates, Fees and Charges" is hereby amended by amending Section 15.06.020 entitled "Assessments" to read as follows: 15.06.020 ASSESSMENTS. (a) General Facility Charge. (1) A general facility charge (GFC) shall be charged on all new or expanded service connections to the utility system (water, wastewater, and stormwater). Existing I connections (includin�surface area impact for stormwater) within the system as of the effective date of this Code shall be considered to have paid their proportionate share of the general facility charge for existing use. (2) Commencing on January 1, 2016, and on Januarv lst of each successive year thereafter, the rates, fees and char�es established in Chapter 3.01 of the Bremerton Municipal Code, not otherwise adjusted bv the Citv Council durin�e previous six (6)month period, shall automatically be adjusted as follows: i. The utility GFCs shall be adiusted based upon the most current Seattle Construction Index (SCI), and ii. All other utility rates, fees and charges shall be adiusted based the most current Consumer Price Index for all Urban Consumers, Seattle. (�3) Parcels and/or facilities which have had utility services but have been inactive can request to have the inactive account be reactivated. When the account is restored and/or expanded, the GFCs shall only be charged for the additional demand placed on the water, I wastewater, or stormwater facilities. 1 Chapter 1 S.06 BMC- Utility Rates& Fees I �—All appropriate GFCs (water/wastewater/stormwater) will need to be paid to reactive the services. I (�4) Parcels and/or facilities in which no utility services are present shall be defined as new undeveloped parcels and shall receive no credits and shall pay all applicable assessments, rates, fees, and charges. (45) Parcels that have had their facilities removed and new facilities constructed will not have to pa�anv additional GFC, unless the meter size is increased. (46) Change of ineter sizeL�� ^r'^�a��rt for the parcel and/or facilitx�}�, which is a reduction in GFCs will not be refunded or credited. (7 Change of ineter size for the parcel and/or facilitv, which is an increase of GFC's will require the customer to pay for the additional GFC before work is performed. (�8) The calculation of the general facility charge for stormwater shall be based on the total number of IHSU's added to the parcels � �69) The calculation of the general facility charge for water shall be based on the meter size to be installed for a new or expanded water service. (�10) The calculation of the general facility charge for wastewater shall be based on the meter size to be installed for the new or expanded water service. ��•�'��r^��^��'�^* Ic;r,.to �.,,,.,;i., oo�;ae,,,,o � I !1 �G �DTT/,,,�.;f ITl,,,.lo., / 70.-., 1.,� l;..o!*.<.., , .,:+�1 1 �D�� I1�R„1�;�,�.:1..!�1„-00 ,�.;+�1 (1 tiG �DT T/,,,�.:+ AA.,L.;lo L7�..,�o Q,,,�..o;,, 1��f.,L,;lo LI.,,Y,o D�,-L l�..,,Y„.,.,.,, 1�,,;1!];.��. .�+ .�.1r1;*;�n.�l n�.rmo.-�.:.�1 .�.�+o .�nr1 1.�„nrl�-.. .� .�� 1�,,,,.1,-..r�+ol I I �S ' I ri.,,..,.�.e� r�,.t,,,,,i , „� �aa:�;,,,,.,t ,. ��„ao„� ,. ,.:+., n �c GnT r „o,. i nn �o.,+� �} Iu„�r;�.,i� r_o„o,-�� i �DT T � ,-�,oa r,,,,...,lo�,.o.,+ u„�,�;r�l� !'�.i.i:�;,,,,�1 ,.t,�,-�.o� �f r v:+,.t,o„ „ �,�L,o.-4:.,+.,.-o� +l„-.,,,«1,�,.,� +l,o �..;1;+., ��l,o�. o �1 . � � IDo�;.]o.,�:.,1 !`�,-o/T2.,�,-.a:,,.. L'.,�.;l;+;o� L]„�ol� .,.,�] 1�A.,to1� l�.a.a;+;.,,-.�1 ..L.�.-..o� �,-,-o�+�„«.,«+ .. �=cn •,*,-�`�+" ",♦ 6��t��'�E-&S-�i�iuunai� !1 '1C �AT T,. .,�ol .,;+ . ,-.,�o� ,,.7 „-, �+;.,.. .- .:�L, �;.,+,,,-o� �+ .. .,1 ' � o 0 0 � I ' I �Jl.`ti-a�iE��/ol.:..to\17.,�1. �� IT'i»1�T1T'O��' e��o��n�o «Inn� In ii n.�.o,.vvt,;,.to�x�.,�t,o� eoo �x�o� T„a„��w.,i In �n �vrr,.o,- �nn � o �o+ 2 Chapter 1 S.06 BMC- Utility Rates& Fees Ieoo�x�e� �,,,�„��..:.,� � � „aao,a , „*�,o ., .,+� ;,, tt,o r,,,,,,,,,o,-,.:,,i �o,.�:,,,, Cl,.,,-�.o�r o.,..l, „1,,,,,1,;,,,.f;.,*,,,-o+„ C6i3��..:�1��.,0� .,.,.7 Tl,-.,T.,.i„�+,-:.,1 �� Irz„��,�„t, .,,i„ „i„ �t,,,..,o,- n i��-�� I n.� � ��:�� n.� I �� .� I ��;,,n�,.,.,,�.,;,, n n�o I ��-ir �.�o-vz�Q I n.� I �.�� 4�Q Ii „ ,.,a,..,'r,-�., n n�Q I �V�Ai-�'` �•no-v�-LDcv I �� •��Q I n.'�Q Ic..,:,,.,,,.,;,,,. n,,,,�iu.,,.i�.,,.,��, n�Q I � �•��Q Ir r..;r„i rr,.,,,,,.t, «,.o.,,.t, +...,, �„+ �v,.+:,,.,� n i�� I �x�.,�t, c:,,v i�,.o.,,.t, �o� „��.,,.v�� n n�� I �z�.,��,;,,,, �a.,,.�,;,,o n.n�Q I �x�.,+o,-r�,.�o� n z�a T„ L,o ,lo�o,-.,,;,,a.l ., ,,,.7;,,;a„�1 �x/o+ r.,a„�+.-:.,7 L,��;� 1,.,�t,o !'�;�.,„+;1;.,;r.,+L,� �,,�,,,1� l;�+0.7 L,ol.,.,. 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Io�;,]o.�+'.,1 , ..;+ �—L'.,+r� �*ra,,.'+1, �..�„r .,,l,.,lo„ ,„l.o.-,�,,,,1+;.�1;0,-ao..:.,o.l e �,-o , �zn,Y,,�ii „�t�;,,,.t,o,,.,:,..,i „ ., ao,�,��a ,. ��o�aoa �„i;a� ,-�-�,.*;,,., *t,e,.o,.� ; „�+t,o�,.�+ � � � �^� I �� I �A� �@ � � �--�e I � ��i ��n ��T—vvv � � �—��9 I III,-..ao�,�.o.a i2,,;1.7;.,..T �,,.a C'o...v.-T T�o T.,b.o .]o�o.-.,..;.�.o.] ., ,,,.a:..;.a„�1 3 Cliapter 15.06 BMC- Utiliry Rates & Fees i ,��a;�.� � o �_o�+:ro n aa:�:,,.,.,i i ,,.,a:,,,� „r r�,��,.o .�f'T T�o �,,;i:�.,io�� ,,,.o,�t;+ �,.�,�,,..e,.„�e �r„ ..��,ra� ;�'„o.,., � to�� *�..,,, � �� c�� rr�,o �ii,,.,,;,,,� � o+�,o ao�;,,;�;,,,,� „��t,o ,.i.,��;�:,..,*:,,.,� , �oa ; o��.,�.�;�i.;�„ ��z=L ��o�s �� • ^ ^� �� • ,.,,,,,,o,.�;,,r� � ,.i.,��;�oa �� ,a,-.,;�a„��,.:.,i t,,,;i,a;,,n� �� ,.;i;�:o� ; ,.�„aoa :,, +t,o ,. ,.,io�,.o�+ t,,,��;�„t� �� • > > > > > > > �� „aa,-o��;�,�. ,o* :,,a„��,.:.,i �� • ��u„�oi�� i„ „+o�� ,., ao�;,,oa „ �,,,;ia; ,.�t,,,;ia: oa �',,,-fo,x,,.,,,..,,-., � � • , �� • > > • �� .,aa,. o� ,na� rf,-,�� 4 Chapter 15.06 BMC- Utiliry Rates& Fees 1 I ♦ � 1 I � � ��. \ ��. 1 I �� / I ' � I i � / . > > (911) Additional loading or change of use is defined as an increased demand for wastewater treatment from an existing�•��* ��a•��*-��' building or structure. The additional loading may be the result of replacement or addition to an existing structure or facility, a change in use, or a fifteen (15) percent or greater increase above the permitted volume or character of the wastewater constituents being discharged. ,,,a,�:+;,,r.,i „i,,,,.,.e (�12) The calculation for general facility charges for stormwater shall be based on the number of impervious hard surface units (IHSUs) as defined in BMC 15.O1.020. �-ie . However, all single-family residential parcels as defined in BMC 15.01.020 shall be one (1) IHSU. , , „�,,,,,.o� ic n rucT T� ,.o .-o� (-�� All GFCs shall be assessed and paid at the time of execution of the Utility Service Agreement and prior to occupancy of the new or expanded parcel and/or facilities and shall be in addition to rates and other fees, assessments, and charges established for utility service. A deferral of fees may be approved by the Director at his or her discretion through a written agreement with the customer which includes any interest on the outstanding fees. (b) Administrative Rate Adjustment. The Director is herebyauthorized to make adjustments to the GFCs provided in this chapter and set forth in Chapter 3.01 of the Bremerton Municipal Code by increasing or decreasing the amount up to fift�(SO�percent above or below the set charges in accordance with the followin�provisions: (1) Review. Upon written application to the Director, an applicant may request review of an assessed GFC as applied to the specific developed property for which the charge has been calculated. If the applicant disa�rees with the Director's determination, the applicant mav request an additional review by submittin�additional information alon wg ith a $200.00 review processin�fee. The additional information shall include an anal�sis from a qualified engineer that is stamped and si ed, specifying the reasons why the development should qualify for a lower GFC. The en�ineer's analvsis should include information demonstratin�; i. that the impact of the�roposed growth-related system costs of the development to the City's utilities is less than the growth-related system costs of other similar developments, and ii. why a reduced GFC for the development is equitable in the snecific circumstance of the development• 6 Chapter 1 S.06 BMC- Utility Rates& Fees (2) Final Determination. The Director ma�phold the earlier determination, revise the Director's earlier determination based on the new information or accept an alternate calculation proposed bv the a�nlicant. (3) Appeal. The applicant mav appeal the Director's final determination to the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. The a�pellant ma�pav the GFC under protest durin t�ppeal process. Appeals shall be filed within thirtv�30) davs following the date of issuance of the Director's final determination. If an appeal is not timelX filed, the Director's determination shall become final. The ap�ellant shall have the burden of proving that that the Director's decision was not supported bv substantial evidence. The Administrative Hearing Examiner shall review and base his/her decision on the criteria established in subsection(1) above as well as other related information. The decision of the Administrative Hearing Examiner shall be final. (�� Connection/Inspection Fee. A connection/ inspection fee shall be charged for all service connections to the utility system. Additional fees may be charged if a re=inspection is required as a result of the property owner/developer's failure to comply with the correction notice from a prior inspection, inaccessibility of facilities for scheduled inspections, or an unsafe site. The connection/inspection fee or deposit shall be assessed and paid at the time of execution of the utility service agreement. �"�rc icargc=rir`�ci�a�-svi".7ci=-r"rcc-vri%Tvc'rsSi�m-rc-Fr.c�r-n'rrcircc-"ci cccr�Cvcccii�--=viic i � . � > > £�,.:1:+.. �.1,�,-�.o+L,.,+1,�� 1,-o�.a<,1,oa,� ,»�i_ (d) Capital Reserves. The general facility funds collected under this chapter shall be deposited in the utilities capital reserve fund and used only for utility system capital improvements. SECTION 2. Rate Tables -Established. Rates and fees for services relating to the Department of Public Works and Utilities for water, wastewater, stormwater and other related services set forth in Chapter 3.OI BMC, as established in Ordinance No. 5265, are hereby amended and reestablished as set forth in the rates tables attached as Exhibits A and B, incorporated herein by reference. SECTION 3. Rate Tables—Effective Date. (a) The rate tables as amended and set forth in Exhibit A for GFCs shall be effective January 1, 2016 and January 1, 2017 as noted, except that: 1) Projects with a complete building permit application or site development permit application which includes utility services filed with the City on or before December 31, 2015, or projects with land use approval granted by the City on or before December 31, 2015, shall be vested to the GFCs in effect on the date of filing the completed application or the date Iapproval is granted .� �if that amount is lower than the current rate as provided herein, and 2) The Seattle Construction Index (SCI) set forth in BMC 15.06.020 shall not be applied to the January 1, 2016 and the January 1, 2017 charges as established in Exhibit A unless otherwise approved by City Council. 7 Chapter I5.06 BMC- Utility Rates & Fees (b) The rate tables as amended and set forth in Exhibit B shall be effective September 1, 2015. SECTION 4. Severabilitv. 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 5. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval, and publication as provided by law. PASSED by the City Council of the City of Bremerton, Washington this day of , 2015. GREG WHEELER, Council President Approved this day of , 2015. PATTY LENT, Mayor APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney SHANNON L. CORIN, City Clerk PUBLISHED the day of , 2015. EFFECTIVE the day of , 2015. ORDINANCE NO. R\Legal\Legal`•.Ordinances\Public Works&Utilities�20►5 Chapter 15 06 Util�ty Rates&Fees-Ord�nance3.docx g Chapter 15.06 BMC- Utiliry Rates & Fees Existing 2016 2017 2015 2015 2015 County GFC Bremerton Bremerton Bremerton Port Orchard Poulsbo Gi�Harbor Silverdale North Perrv Water 3/4" GFC 2,511.00 4,127.00 5,743.00 4,932.00 4,227.00 7,300.00 4,800.00 3,200.00 Meter 2,055.00 2,654.00 2,654.00 2,678.00 155.00 486.00 3,000.00 900.00 FF 5,481.00 2,000.00 2,500.00 Sewer GFC 3,801.00 5,252.00 6,703.00 6,577.00 3,947.16 9,640.00 4,420.00 4,420.00 Inspection 308.00 308.00 308.00 109.62 36.00 125.00 FF 800.00 County Fee 4,420.00 4,420.00 4,420.00 Storm GFC 1,019.00 2,088.00 3,157.00 1,925.88 330.00 1,770.00 Park Impact Fee , Single Family 827•22 638.54 638.54 Per Residence 1,195.00 1,500.00 Transportation Impact Fee Single-Family 1,992.36 2,713.10 2,124.00 515.00 515.00 Admin fee for Single Family Unit 18.24 . School Impact Fee � Single-Family 1,222.13 3,270.00 1,250.82 1,250.82 Total for Representative Single-Family Unit 9,694.00 14,429.00 18,565.00 25,763.45 17,823.26 26,215.00 21,044.36 17,844.36 Sewer Discharge I recommend that we use the difference between water used and water discharged to the sanitary sewer system as follows: Commercial/Multi-family 90%discharge into the sanitary sewer system This will be done by taking the AWWA normal water meter usage and reducing this number by the recommended percentages. Services sold in 2014 In 2014 only 5 services were sold that were larger than 1",these were upgrades and splits and were water only no sewer or storm,they are as follows: Existin� New 170 Russell Rd 11/2" $16,911.00 $33,288.00 830 6T" 2" $12,066.00 $23,200.00 2900 Austin Dr 2" $24,620.00 $50,419.00 3425 Wheaton Way 2" $14,400.00 $27,843.00 4310 Wheaton Way 2" $24,620.00 $50,419.00 The rest were 3/4"and 1",they are as follows: Water Received Would have received 126 X$2511= $316,386 126 X$5445= $686,070 Sewer 74 X$3801 = $281,274 74 X$6355 = $470,270 Storm 73.76 X$1019= $75,161.44 73.76 X$2993 =$220,763.68 Example Estimates: Existing New 606 Apartments Grand Total $220,91`1.66 $206,090.76 No sewer GFC charged $ 45,503.51 $105,999.51 Spyglass Grand Total $221,346.90 $152,741.53 WinCo Grand Total $ 38,797.01 $ 96,716.00 With Storm GFC $ 52,044.01 $136,196.56 Towers Estimate Grand Total $1,304,382.00 $422,799.00 Exhibit A ASSESSMENTS, RATES, FEES,AND CHARGES EFFECTIVE January 1,2016 Within Outside Citv Limits Ciri Limits GENER.4L FaCILITY CHARCES Water!��:"".�:�:�?�=;based on meter size average normal tlow 5/8"x 3/4" � a -�,�-1-'.-."o^o $ 4,127.00 � �,3-{-�,-.^o,�, $ 4,127.00 I" 52.5� � 6??�f,.�o $ 10,318.00 � ��o $ 10,318.00 I I/2" � � E�,S34.� $ 20,635.00 $r--E?,�,5�}.�0 $ 20,635 00 2�� $--�&gg4�A $ 33,016.00 $---�g;g84.g9 $ 33,016.00 r.e,..,....�.,...��-,.i,...i,....a w,....,a,. ....� 3"Commercial 117.�) $ 97,860.00 $ 97,860.00 4"Commercial 1301 $ 167.760.00 $ 167,760.00 Greater than 4" Casc bv Case basis Case bv Case basis wr,....�..,...,...�...__coi r� � ��rov �--�� Wastew•ater based on meter size averaae normal flow 5/8"x 3/4" (I) $ �,252.00 � 5,252.00 1" (I) � 5,252.00 $ 5,252.00 1"Commcrcial 12.2�) $ 11,817.00 $ I 1,817.00 I 1/2" Commcrcial 14.�) $ 23,634.00 $ 23,634 00 2" C'ommercial 17.21 $ 37,814.OU $ 37,814.00 3"C'ommercial (1�.7�) � 102,794.00 $ 102,794.00 4"Commercial (27) $ 176,218.00 � 176,218.00 Greater than 4" Case bv Case basis Case bv Case basis Stormwater(per IEISU) y --1,"�0 $ 2,088.00 N/A The GFCs as amended and set forth in Exhibit A shall be effective January I,2016 and January 1,2017 as notcd,except that: I) Projects with a complete building permit application or site development permit application which includes utility services filed with the City on or belore Deccmber 31,2U I5,or projects with land use approval granted by the City on or before Dccember 31,201�,shal!bc vested to the GFCs in effect on the date of filing the completed application or the date approval is granted if that amount is lower than the current rate. 2) The Seattle Construction Index(SCl)set forth in BMC 1�.06.020 shall not be applied to the January I,2016 and the January I,2017 charges as established in Exhibit A unless otherwise approved by City Council. Exhibit A ASSESSMENTS,R4TES,FEES,AND CHARCES EFFECTIVE January 1,2017 Within Outside City Limits City Limits GENER.4L F:ICILITY CHARGES Water based on meter size average normal flow 5/8"x 3/4�� (1) y ,,'Q nn $ 5,743.00 y ',,�Q.nn $ 5,743.00 I" (2.25) �r 9�3-Ao $ 14,358.00 � 9;n45r.go $ 14,358.00 I I/2"Commercial IS) �8�9:A9 $ 28,715.00 $---1-9;89�9(� $ 28,715.00 2" Commercial (8) � 3-1,�.24.-00' $ 45,944.00 y �-F,8�4-((� $ 45,944.00 3"Commercial 117.5) y 4�,736.AA $ 100,�03.00 �--4�36:A9 $ 100,503.00 4"Commercial (30) a N-1,38��0 $ 172,290.00 e ��Q�o $ 172,290.00 Greater than 4" Case by Case basis Case by Case basis Wastewater based on meter size average normal tlow 5/8"x 3/4" (l) � �A,'-�99 $ 6.703.00 � �-9'-,e.�o $ 6,703.00 I" 11) ,", Iz?�i°�o $ 6,703.00 � 1?,6��f� $ 6,703.00 1"Commercial 12 25) $ 15,081.00 $ 1�,081.00 l I/2"Commcrcial (4.�) $ �5r,3i14�A $ 30,163.00 �r ��3�0 $ 30,163.00 2" Commercial (7.2) $-�?4�A $ 48,260.00 $--49�i�AA $ 48,260.00 3"Commercial (15.75) �---�3�9A $ 10�,569.00 $--6A:93H-9(� $ 105,569.00 4"Commercial (27) y F4�?-184.9A $ 180,976.00 $--E4�;484-98 $ 180,976.00 Greater than 4" Case by Case basis Case by Case basis Stormwater(per IHSU) y �, �."�' $ 3,I�7.00 N/A Thc GFCs as amended and sct iorth in Exhibit a shall be cffective January I,2016 and January 1,2017 as noted,except that: I) "Projccts with a complete building permit application or site development permit application which includes utility services liled with thc City on or before December 31,2015,or projects with land use approval granted by the City on or before December 31,201�,shall be vested to the GFCs in effect on the date oF tiling the completed application or the date approval is granted if that amount is lower than the current rate. 2) The Seattle Construction Index(SCI)set forth in BMC I�.06.020 shall not be applied to the January I,2016 and the January I,2017 charges as established in Exhibit A unless otherwise approved by City Council. Exhibit B ASSESSMENTS,RATES,FEES,AND CHARGES EFFECTIVE October 1,2015 Within Outside City Limits City Limits CONNECTION FEES Water Connection Fees 5/8"x 3/4" � ?93��0 $ 2,654.00 ��3:A�� $ 3,981.00 1" � �,�Z-!.� $ 2,862.00 � �33�.� $ 4.293.00 11/2" $ 4,337.A9 $ 6,063.00 � �333.�9 $ 9,094.50 ?'� � 4,33H.AA $ 6,859.00 �--�r8A4:AA $ 10,288.50 3"-4"r 4"-Service to property line $ 12,770.00 $ 19,155.00 3"-4"r 6"-Service to property line $ 12,944.00 $ 19,416.00 3"-4"x 8"-Service to property line $ 13,258.00 $ 19,887.00 3"-4"x 10"-Service to property line $ 14,912.00 $ 22,368.00 3"-4"x 12"-Service to properiy line $ 13,006.00 $ 19,509.00 4"-4"x 4"-Sen�ice to property line $ 14,116.00 $ 21,174.00 4"-4"x 6"-Service to property line $ 14,291.00 $ 21,436.00 4"-4"x 8"-Service to property line $ 14.605.00 $ 21,907.00 4"-4"x 10"-Service to property line $ 16,258.00 $ 24,387.00 4"-4"a 12"-Service to property line $ 16,263.00 $ 24,394.00 6"-6"x 6"-Service to property line $ 17,117.00 $ 25;675.00 6"-6"x 8"-Service to property line $ 17,431.00 $ 26,146.00 6"-6"x 10"-Service to property line $ 19,084.00 $ 28,626.00 6"-6"x 12"-Sen�ice to property line $ 19,084.00 $ 28;626.00 8"-8"x 8"-Service to property line $ 22,674.00 $ 34,011.00 8"-8"x 10"-Service to property line $ 24,397.00 $ 36,595.00 8"-8"a 12"-Service to property line $ 24,397.00 $ 36,595.00 10"- 10"x ]0"-Service to property line $ 27,730.00 $ 41,595.00 10"- 10"x 12"-Service to properly line $ 28,218.00 $ 42,327.00 Greater than 10" Actual Time&Materials 150%of Actual Time&Materials Wet Tapping (Water Main Only)* �� n�� o ,.i..a:.,,.,. ,...:,,., p,w,,,,L�.ti � 2$HE�.AA �---4-2�99 ,_. 4"x 4"-excluding excavation&backfill $ 3,012.00 $ 4,�18.00 4"x 6"-excluding excavation&backfill $ 3,186.00 $ 4,779.00 4" x 8"-excluding excavation&backfill $ 3,�00.00 $ 5,2�0.00 4"x 10"-excluding excavation&backfill $ 5,154.00 $ 7,731.00 4"x 12"-excludin�cxcavation&back(ill $—�.� $ �,159.00 � 4;7C38.3A $ 7,738.00 6"x 6"-excluding excavation&backfill $ 3,413.00 $ 5,119.00 6"x 8"-excluding excavation&backtill $ 3,727.00 $ 5,590.00 6"x ]0"-excluding excavation&backtill $ �,381.00 $ 8,071.00 6"a 12"-excluding excavation&backtill $ 3,�8TAA $ �,381.00 � 3,3�6.AA $ 8,071.00 8"x 8"-cxcluding cxcavation&backfill $ 4,359.00 $ 6;538.00 8"x 10"-excluding excavation& backflll $ 6,083.00 $ 9,124.00 8"x 12"-excluding excavation&backfill � 4,�47.9A $ 6.200.00 � `,�'-.�^� � 9,300.00 10"x 10"-excluding excavation&backfill $ 6,931.00 $ 10,396.00 ]0"x 12"-excludin�excavation&backfill $ 7,392.00 $ 11,088.00 12"x 12"-excluding excavation&backfill �— `,^�o $ 7,304.00 � °— ,�� $ 10,956.00 2"-service to property line $ 3,705.00 $ 5,557.00 'ii� 1 n�� o f,�...,,�.......�:..o Y--�r,o�1.e8 Q ��•�v 4"x 4"-service to property line $ 8,807.00 $ 13,210.00 4"x 6"-service to property line $ 8,982.00 $ 13,473.00 4"x 8"-service to property line $ 9,296.00 $ 13,944.OU 4"x ]0"-service to property line $ ]0,949.00 $ 16,423.00 4" x 12"-service lo property line � E��?.E�E� $ 10,954.00 � '—^,'�-'�� $ 16,431.00 6"x 6"-service to property line $ 8,875.00 $ 13,312.00 6"x 8"-service to property line $ 9,189.00 $ 13,783.00 1 of 7 Outside City Limits City Limits 6"x 10"-service to propert}�line $ 10.843.00 $ 16,264.00 6"x 12"-service to property line � ?,43S.AA $ 10,843.00 � �Nt�.AA $ 16,264.00 8"�:8"-sen�ice to property line $ 10,174.00 $ 15,261.00 8"x 10"-service to property line $ 11,898.00 $ 17,847.00 8"x 12"-service to property line � ��'-_.� $ 11,897.00 Q '�'�o $ 17,845.00 10"x 10"-ser��ice to property line $ 13,391.00 $ 20,086.00 10"x 12"-service to property line $ 13,879.00 $ 20,818.00 12"x 12"-service to property line � �A,��9 $ 14,767.00 Q '`�:� $ 22,150.00 Greater than '�� 12" Actual"1'ime&Materials 150%of Actual Time&Materials Fire Hydrant Installation* 6"x 8"and smaller-service to property line � 8;H2s.� $ 11,490.00 � T2�}43.3A $ 17,235.00 G"x 10"n�a��o"��-service to property line � �3�4.� $ 13,144.00 �4,3H-�9A $ 19,716.00 6"r 12"-service to property line $ 13,144.00 $ 19,716.00 Greater than ". "6"x 12" Actual 'Time&Materials ]50%of Actual Time&Materials PLAN CHECK/IIVSPECTION FEES Engineering Services** Plan Check Fees Main Extensions: per foot $ 0.29 $ 0.44 BUT not less than $ 244.00 $ 366.00 (Includes hydrants and appurtenances and connection to water systcm j , Pump Stations $ 613.00 $ 920.00 Fireline Extension $ 98.00 $ 147.00 Irrigation Systems $ 98.00 $ 147.00 Miscellaneous(per hour) $ �?�o $ 81.00 � '�5.� $ 121.00 Storm Drainage Plan Review Fees*** Preliminary Drainage Plans Residential Development $ 379.00 N/A Non-Residential Development $ 262.00 N/A Plus per IHSU $ 11.41 Final Dctailed Drainage Ylans Residential llevelopment(per lot) 0-20 Lots $ 41.07 N/A 21 -50 Lots $ 29.67 N/A 51 - ]00 Lots $ 26.2� N/A ]00+Lots $ 22.82 N/A Minimum Charge $ 291.00 N/A Non-Residential Development per IHSU $ 22.82 N/A Minimum Charge $ 349.00 N/A Resubmittal Fees First Resubmittal No Charge N/A Subsequent Resubmittal $ 291.00 N/A Field Inspection Fees Water main extensions(per foot) $ 1.29 $ 1.94 but not less than: $ 477.00 $ 715.50 Pump Station $ 629.00 $ 943.50 Miscellaneous(per hour) ��'.� $ 81.00 � '�38 $ 121.00 2 of 7 Within Outside City Limits City Limits Wastewater Connection Fees Lateral Connection at P/L � ��o $ 81.00 � '�5.� $ 121.00 Lateral Connection at Main $ 308.00 $ 462.00 Conveyance Facility Ext.(Per Foot) $ 1.70 $ 2.55 but not less than: $ 371.00 $ 556.50 Pump Station $ 617.00 $ 925.50 Miscellaneous(per hour) � 3��0 $ 81.00 �-T�.� $ 121.00 Storm Drainage Inspection Fees*** Residential Development(per lot) $ 17.12 N/A Non-Residential Development(per IHSU) $ 17.12 N/A Minimum Charge $ 175.00 N/A Conveyance Facility Extensions(per foot) $ 0.91 N/A Minimum Charge $ 349.00 N/A Unscheduled Inspections****(per site visit) � 3�?:AO $ 81.00 N/A MISCELLANEOUS FEES AND CHARGES Office Services New Account(includes water turn-on) $ 20.00 $ 20.00 Account Maintenance $ 5.00 $ 5.00 Past Due Notice $ 2.50 $ 2.50 ACH Credit Lien Recovery Charge $ 100.00 $ 100.00 (;losc AccounUMeter Read/Water 5ervice"I'um- off $ 20.00 $ 20.00 Utility/Lien Search Fee(Manual)per parcel $ 30.00 $ 30.00 Park Reservation Fee(non-refundable) $ 50.00 $ 50.00 Field Services Pavement Restoration Charge (refundable,if assessed and not requircd) Asphalt Patch $ 694.00 $ 1,041.00 Concrete Patch $ 1,248.00 $ 1,872.00 Asphalt Trench $ 1,582.00 $ 2,373.00 Concrete'french $ 1,598.00 $ 2,397.00 County Road Permit N/A Cost Water Meter Reinstallation 3/4"& 1" y-�o $ 114.00 �----�99 $ 114.00 1-1/2"&2" � �3��8 $ 181.00 � �3i�9 $ 181.00 3"and greater Actual Time&Materials Actual Time&Materials Water Meter Reactivation-Snowbirds y-�o $ 60.00 � 39.� $ 60.00 Water Meter Tampering Tampering f�e�evft�Fee $ 250.00 $ 250.00 Tampering�sEs�l�ie�t Repair Actual Time&Malerials Actual Time&Materials � Fire Service-Detector,Meter&MXU � 436.� $ 460.00 �-43�9A $ 460.00 Storz Adapter �-��4�A $ 237.00 � 304.�A $ 237.00 3 of 7 Within Outside City Limits City Limits Water Service Turn-off/'Turn-on (Customer Request) Regular Hours � ?9�A $ 50.00 � �A:Ao $ 50.00 After}lours � �7�.9A $ 182.00 � �'��.� $ 182.00 Delinquency Notice y- '-�o $ 20.00 � '�o $ 20.00 Water Service Turn-off/Turn-on (Dclinquent Accounts) Regular Hours � 3A.`� $ 60.00 � �A.� $ 60.00 After Hours � a-7�-A9 $ 182.00 �-�3-A� $ 182.00 Flow and Pressure Test(Uncertified) 3/4"& 1"meters only � 3Fi:$f� $ 81.00 � �6.�0 $ 81.00 1-1/2"&2"meters only �--'^�o $ 148.00 y 1�.� $ 148.00 Larger than 2" Actual Time&Materials Actual Time&Materials Meter Test Fee(based on meter size) 3/4"& 1" � �3'zAA $ 181.00 $-�3�?.-w $ 181.00 1-1/2"&2" �- 1-&''.9A $ 248.00 y 18��0 $ 248.00 3"or greater Actual Time&Materials Actual Time&Materials Utility Plant[.ocates Regular Hours N/C N/C After Hours �, }�:H9 $ 182.00 � 19�}.� $ 182.00 Emergency N/C N/C Cross-Connection Control Inspection � 3H�A $ 81.00 � �6.� $ 81.00 RETAIL WATER SERVICE RATES General Service-Monthly Service Charge Meter Size 5/8 x 3/4 inches $ 12.11 $ 18.16 linch $ 13.84 $ 20.77 1 1/2 inch $ 19.68 $ 29.52 2 inch $ 26.44 , $ 39.66 3 inch $ 50.16 . $ 75.24 4 inch $ 93.21 $ 139.82 6 inch $ 331.43 $ 497.15 8 inch $ 1,210.65 $ 1,815.98 10 inch $ 4,317.86 $ 6,476.78 12 inch $ 16,232.23 $ 24,348.34 Residential Commodity Charge(per HCF) Per HCF/Month $ 2.09 $ 3.14 Non-Residential Commodity Charge(per 1-ICF) $ 1.89 $ 2.83 Fire Protection-Monthly Scrvice Charge Service Size 1 inch $ 25.13 $ 37.69 l 1/2 inch $ 37.82 $ 56.73 2 inch $ 49.17 $ 73.76 3 inch $ 54.18 $ 81.28 4of7 Within Outside City Limits City Limits 4 inch $ 59.16 $ 88.58 6 inch $ 73.71 $ 110.57 8 inch $ 98.14 $ 147.21 10 inch $ 13734 $ 206.01 12 inch $ 196.20 $ 294.30 Commodity Charge(per HCF) $ 3.79 $ 5.68 -For Usage Other Than Firefighting Low-Income Senior and Low-Income Disabled Citizen-Monthly Service Charge Base Charge(per account)5/8"x 3/4" $ 12.11 $ 19.71 Base Charge(per account) 1" $ 13.84 $ 20.77 Commodity Charge 0-5 HCF/Month No Charge No Char�e Over 5 HCF/Month $ 2.09 $ 3.14 Temporary/Construction Meter 1" Meter Deposit $ 300.00 $ 300.00 Base Fee(per month) $ 13.84 $ 20.77 Set Up Fee � Nz.?Ao $ 229.00 � N� $ 229.00 Hydrant meter(3" Meter) ' Deposit $ 2,000.00 $ 2,000.00 Base Fee(per month) $ 50.16 $ 7�.24 Set Up Fee y 1�''.AA $ 229.00 � �-1z?Ao $ 229.00 Equipment Loss/Damage Actual Time&Materials 150%of Actual Time&Materials Commodity Charge(per HCF) $ 1.89 $ 2.83 RETAIL WATER SERVICE RATES(cont'd) City Parks and Recreation Dept.-Irrigation Commodity Charge(per HCF) $ 0.94 Gold Mountain Golf Course Complea-Irri ag tion Commodity Char e�(per HCP) $ 1.28 RETAIL WASTEWATER SERVICE RATES Monthly Service Charge Single Family Base Charge(per account) $ 33.49 $ 50.23 Commodity Chargc(per HCF) $ 4.49 $ 6.74 Duplex on 1 Meter or 2 Bldgs.on 1 Meter Base Charge(per unit) $ 26.52 $ 39.78 Commodity Charge(per HCF) $ 4.49 $ 6.74 Multi-Family Base Charge(per unit) $ 26.52 $ 39.78 Commodiry Charge(per HCF) $ 4.49 $ 6.74 Low-Income Senior and Low-Income Disabled Citizen Base Charge(per account) $ 20.77 $ 31.55 Commodity Charge(per HCF) 0-5 HCF/Month No Charge No Charge Over 5 HCF/Month $ 4.49 $ 6.74 5 of 7 Within Outside City Limits City Limits Commercial I Base Charge(per account) $ 49.50 $ 74.26 Commodity Charge(per HCF) $ 4.63 $ 6.94 Commercial II Base Charge(per account) $ 50.36 $ 75.54 Commodity Charge(per HCF) $ 7.24 $ 10.86 Commercial 11! Base Charge(per account) $ 49.87 $ 74.80 Commodity Charge(per HCF) $ 5.93 $ 8.89 Bevera�e Production Base Charge(per accountl $ 50.36 $ 75.54 Commodi, Charge(per HCFI $ 4.70 $ 7.05 Commercial Fountains-Separatelv Metered Base Charge(,per accountl $ 49.50 $ 74.26 Commoditv Char�e(per HCPI $ 1.53 $ 2•29 Septage Disposal(per gallon of tank capacity) $ 0.25 $ 0.37 Leachate Per Gallon of Tank Capacity $ 0.11 $ 0.17 Individual Residential Grinder Pumps Grinder Pump Surcharge $ 10.71 $ 16.07 Low-Income Senior and Lo��-Income Disabled Grinder Pump Surcharge $ 8.04 $ 12.06 RETAIL STORMWATER RATES Monthly Service Charge Residential I(Single Family/Duple�) Base Charge(per account) $ 11.11 N/A Exception: Duplex with 2 Meters(per account) $ 5.59 N/A Residential 11-SW Impact Fee (per II�SU) 50%of the Res I Base Charge $ 1�.� $ 5.55 N/A Residential I11-SW Impact Fee (per IHSU) 100%of the Res I Base Charge $ ��9 $ 11.11 N/A Commercial I Base Charge(per IHSU) $ 11.11 N/A Commercial II-SW Impact Fee(per IHSU) 50%of the Comm l Base Charge $ 10.64 $ 5.55 N/A Commercial lll-SW[mpact Fee (per IHSU) 100%of the Comm 1 Base Charge $ �?'I-9 $ 11.11 N/A Public School Districts(per account) $ 11.11 N/A Low-Income Senior and Low-Income Disabled Citizen Base Charge(per account) $ 6.77 N/A 6of7 Within Outside City Limits City Limits Multi-Family&Commercial Rate Adjustment Water Quality(per IHSU) $ 1.23 N/A Water Quantity(per[HSU) $ 3.72 N/A Stormwater Penalty New Multi-Family&Commercial development without on-site detention Charge(per IHSU) $ 2.46 N/A *Pavement Restoration Charge May Also Be Assessed ** Fees include original review and one resubmittal review. Additional reviews will be charged at miscellaneous hourly rate(above). *** Does not apply to single family residence or duplex construction on an existing established lot. ****(Unscheduled inspections shall be tracked through the course of a project and billed after the final site inspection. Fees for unscheduled inspections shall be paid prior to tinal occupancy approval.) 7 of 7 � -- -- ! ► � � . I Public Works and Util�ties Department i � 100 Oyster Bay Ave.N. • Bremerton,WA 98312 • (360)47�5315 • FAX(360)473-5360 ' �n .�• . MEMORANDUM DATE: August 14� 2015 TO: City Councii �/I`� � FROM: Chal Martm, Public Works�Utilities Director SUBJECT: GFC -August 12"'Study Session Follow-up General Facility Charges (GFC) Language on Exhibit A Item 1 and Ordinance 15.06 Section 3.a.1 - Language changed for vested projects: "Projects with a complete building permit application or site development permit application which includes utility services filed with the City on or before December 31, 2015, or projects with land use approval granted by the City on or before December 31, 2015, shall be vested to the GFCs in effect on the date of filing the completed application or the date approval is granted if that amount is lower than the current rate." Language Change Exhibit A in four places— Language changed in Exhibit A in 4 places to say°over 4 inches" rather than "over 6 inches." Exhibit A Rate Change for 3" and larger meters -The rate change for meters 3° and larger would be the entire amount for 2016 since the total GFC would most likely be less than the current rates. Exhibit B Effective Date—The efFective date was changed from September 1, 2015 to October 1, 2015. Working jor and with our c�tlzens to establJsh Bremerton as Puget Sound's nrost beaulijul and livable walerfront city G Christine Grenier From: Christine Grenier on behalf of City Council Sent: Wednesday, August 19, 2015 9:19 AM To: 'Teresa Osinski' Subject: Citizen Comments - Ordinance amending BMC 15.06/GFC Rates (Teresa Osinski) Attachments: Bremerton GFC 2015.pdf Ms. Osinski, Thank you for your letter,which I have provided to the Council Members for their review and consideration. I have also shared your comments with Mayor Lent and Public Works Director Chal Martin. A copy of your letter will be included as a part of the record for this item when it is discussed at the August 19 Council Meeting. Christine Grenier Council/Auditor Assistant City of Bremerton (360)473-5280 � From: Teresa Osinski [mailto:TOsinskiCa�kitsaphba.com] Sent: Tuesday, August 18, 2015 7:23 PM To: City Council Subject: Written Comments on GFC Ordinance No 5265 Hello: Attached please find written comments from the Home Builders Association of Kitsap County regarding the proposed General Facilities Charges as outlined in draft ordinance number 5265. This is scheduled for the Wednesday,August 19`h. Please forward a copy to each member of the Council. Thank you very much! Teresa Osinski Executive Vice President Home Builders Association of Kitsap County 360-479-5778 office 360-710-4318 cell tosinski@kitsaphba.com i i HOME Bl11LDERS � ASSOCIATION OF KITSAP COUNTY Councilman Greg Wheeler President Bremerton City Council 345 Sixth Street,Suite 600 Bremerton,Washington 98337 August 18,2015 SENT VIA EMAIL Dear Councilman Wheeler: SUBJECT: General Facitities Charges,Proposed Ordinance NO. 5265 Thank you for the opportunity to comment on the pending request by the Public Works Department to double the General Facilities Charges{GFC)for new singte family homes within the city limits. Wlule the Association is an advocate for affordable housing,what that means is much more complicated than simply the final price of a home for sale in the city. We recognize that the structure must be affordable to the buyer,but so too must the ongoing cost of living in the conununity. Cities, like Bremerton,have obligations to existing residents and newcomers to enswe proper and adequate facilities are available to them and that the best,most equitable, poiicies are in ptace to ensure the city can provide them;facilities like water,sewer and stormwater. While the collecdon of GFC's is arguably necessary to ensure capacity needs are planned for and funded,the proposal before the Council this week is inherently unfair,overly burdensome,and stands a high probably of eroding the recent real estate market unprovements. The proposal is unfair because it is erroneously weighted in favor of multi-family,high density, high-rise apartment and condominium housing. The city has put other incentives in place to encourage the downtown devclopment of densely packed housing,and the developers of such projects have access to funding options and benefits not availahle ta the single family builders. It is unnecessary,and unfair,to not only give these multi-family projects a pass on the increase, but to in fact give them a price break on the backs of single family housing in the City. Robust communides are ones that have not only a home for every job to go at night,but to also offer diversity in housing choices. It appears the city's current priority is to eliminate the family oriented history of Bremerton in favor of some"Seattle urban suburb"model. The burden is great. The Public Works Department is asking the Council to double the cost of Affliate,d��C's bringing these fees to over$15,000 per single family structure. Assuming all other fees �� NAHB � BUiLDING INDUSTRY 5251 Auto Center Way • Bremerton,WA98312 A S S 0 C I A T I 0 N 0 F W A S H I N G T D N (360)479-5778 • (800)200-5778 • Fax(360)479-0313 NetbnalAssxlatbn CHAMPIONS Of hf(6ADA8ll HOUSING info@KitsapHBA.com • www.Kils�pHBA.cotn of Momo Bultdera associated to construction remain flat,which we know is not reasonable to assumc as fees and costs go up regularly,the GFC increase alone will negatively impact potential construction projects. We know some buyers will be priced out of the market. According to the 2014 National Association of Home Builders,Housing Economics report,"State and Metro Area Housing Prices: The Priced-Out Effect",the Bremerton/Silverdale Municipal Service Area has a fairly sensitive response to housing cost increases. The NAHB study looks at what happens to "otherwise qualified buyers"when the cost of housing inereases by just$1,000. In this recent analysis,the impact is a loss of 167 buyers in the Bremerton/Silverdale MSA. It is reasonable to assume they will return to the market at some point,but we don't know when. It is also,more lilcely,they will continue to seek housing,but will do it in an area more affordahle,and outside of the City. If the"priced-out effect"knocks out over 1 SO"otherwise qualified"buyers for a $1,000 fee increase,then the impact for$9,000 must be significantly greater. Additionally,I would wonder how such a burden would affect important programs like Habitat for Humanity and the Bremerton Housing Authority. Another stress point for the housing market is the divide between the cost of construction and the appraisal market. It is challenging for new construotion to appraise at or above cost of construction. This disconnect has been ongoing since the market collapse. When you take that existing problem,add another$9,000 to the cost of construction and combine that with both a scarcity of comps and comps that are pulled down by the shadow market(foreclosures,bank owned,or short sales)the outcome is only going to exacerbate the disconnect between the cost to build and the fmal appraisal. These factors are real and must be considered by the City Council. For the purposes of this letter,the HBA is willing to accept the data as reported by the consultant. It is possible,if we chose to delve inta the details,that we might find issues or concerns with a number here or a number there. We aren't going into that because at the end of the day,if you get the policy wrong,and you discourage single family construction from coming to the City,the GFCs won't - cover the anticipated funding needs. You can write city code but yo�can't mandate a builder to build. Builders build where their clients demand,or where they believe the market will respond. In the event,you fail to collect the anticipated GFCs;you will have to find another way. At a recent Council workstudy session, it was mentioned that the impact of the$9,000 on an average mortgage wou�d be around$30 or$35 per month. That's on only the increase,the$9,000. Hawever,the monthly mortgage includes a total of about$100.per month when you consider the full GFC of over$18,000. Not only will that resident being paying a significant fee over time for this in&astructure,they wi11 also be paying the utility rates for the service. If the City fails to generate the GFC funds anticipated by this pmposal where will you look next7 Tf you look to the ratepayers,this samc resident would be paying higher utility rates and carrying the mortgage burden. It was mentioned at the workstudy that one of the motivators behind this drastic fee increase is to catch up from 2009 when the City elected to suspend the annual cost increase on GFCs. I have 2 not seen any data on this,but would ask the Council to look at what the GFC would be if only the cost increase faetor were applied and the GFC were brought up to what it would be today if the city hadn't suspended annual increases. Additionally,we would ask the Council to reconsider its discriminatory rate proposal that gives preference to one type of housing stock at the expense of another. The GFC should be spread in a more equitable manner for all that benefit from the city's infrastructure. We would be happy to work with the City to determine what that proposal might look like. The recommendation of your consultants included a phased in approach and given the sensitivity of the market,the competitive disadvantage this may create for your city,and#he ongoing disconnect between cost and appraised value,phasing this in over several years is,at a minimum,a better approach. Finally,it is important you understand that regulations are compounded. The cost to carry the regulatory fees in loans and over the period of construction is costly. The timing of the collection of GFCs is important. When the city collects the fee early in the pmcess,and long beforc completion,let alone a sale,the carrying cost of that is a burden to the builder and will ultimatety be included in the final project cost. It has been estimated that tius is often as much as a 20%increase. The City should adopt a policy allowing these fees to be paid at the end of the project,rather than at the beginning. We have had an opportunity to review the comments of the Kitsap County Associadon of Realtors and we are generally supportive,with the exception of the methodology granting one form of housing a reduction in GFC while burdening single family home buyers with the full weight of the City's new rate structure.As stated above,we do not belicve that is equitable. If you have any questions,I am happy to discuss this in greater detail. I apologiz�for the late submission of these comments,however the issue is complex and required some consideration and review. Sincerely, � - 1 ^ �,� -- Teresa C Osinski Executive Vice President Cc Patty Lent,Mayor Chal Martin,Public Works Director Bremerton City Council Members 3 From: Christine Grenier on behalf of City Council Sent: Monday, August 17, 2015 5:31 PM To: 'Mike Eliason' Subject: Citizen Comments - Ordinance amending BMC 15.06/GFC Rates (Mike Eliason) Mr. Eliason, Thank you for your e-mail,which I have provided to the Council Members for their review and consideration. I have also shared your comments with Mayor Lent and Public Works Director Chal Martin. A copy of your e-mail will be included as a part of the record for this item when it is discussed at the August 19 Council Meeting. Christine Grenier Council/Auditor Assistant City of Bremerton (360)473-5280 � From: Mike Eliason [mailto:gov kitsaprealtor.org] Sent: Monday, August 17, 2015 3:53 PM To: City Council; City Council Subject: GFC August 17, 2015 City Council City of Bremerton 345 6th Street#600 Bremerton, Washington 98337 Dear Honorable Members of the City Council, In regard to an Ordinance amending Chapter 15.06 of the Bremerton Municipal Code and Ordinance No. 5265 relating to assessments, rates, fees, and charges for water, wastewater, and stormwater services, the Kitsap County Association of REALTORS� submits the following recommendations for your consideration: To provide a source of capital financing and to recover a share of utility costs from customers, Financial Consulting Solutions Group has recommended the City of Bremerton impose significant increases to the single-family residential general facilities charges (GFC) and fees. If approved, the GFC base rate (water, sewer, and stormwater) assessed by the city would increase by 112.8 percent from 2015 to 2017. The GFC base rate of$15,603 (2017) would be significantly higher than the i current rates charged in Poulsbo ($8,504), Kitsap County/Silverdale ($9,220), and Port Orchard ($13,435). (Base rates do not include meter costs, inspection, park or transportation impact fees.) Financial Consulting Solutions Group acknowledges the increases would "put it (city) in the high end of the range..." compared to neighboring jurisdictions. As you know, the City Council established "Increase Home Ownership, Create 'Move to Bremerton' movement..." and "Develop home improvement incentives and/or remove barriers for single and multi-family property owners" among its 2015 annual goals/action items. In order to meet the council's goals, the rates charged by the city must be competitive with neighboring jurisdictions as the fees must be mitigated within the overall costs (i.e., applicants will only proceed with projects if there is profitability or future return on investment). Although the current GFC rates charged by the city are within range, the 2017 rate would be significantly higher than neighboring jurisdictions when compared to median sales prices of homes. Median* GFC Fees as % of Price Poulsbo $350,510 $8,504 2.4% Silverdale $324,500 $9,220 2.8% Bremerton $252,950 $7,331 (current) 2.9% Port Orchard $294,900 $13,435 4.6% Bremerton $252,950 $15,603 (2017) 6.Z% *Residential (constructed 2014-2015) sold within the last year inside and outside city limits. Since the City has latitude in determining the methodology and rates, the City Council should consider a gradual increase in GFC beyond the two years recommended by staff. As referenced by Financial Consulting Services Group, "The City can phase the increase in over time, which would allow it to remain consistent with the fees charged by a greater number of jurisdictions." While we welcome the decreased costs to higher density multi-family and commercial, the aforementioned classifications have a variety of incentives unavailable to single-family residential zones. The Council will meet its goals by ensuring the increases to the GFC assessed on single-family residential structures are commensurate with multi-family and commercial occupancies. Your consideration is greatly appreciated. Please extend our thanks to Public Works Director Chal Martin, who encouraged our involvement and offered immediate access to budgetary documents and studies. 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'�.J� ,� .}�'.4Ki'rt"..a ; LY .�� . � �t ,�t +� '�, �7 ,�t � � '�'+.(��y• r , ��:w.�*�' V � iktlt{�Y � fy�h�v��p 9'°P7'��HY � . . �� '�. '�. J �!X`��s:�. _ � � � �,{j�'P�,�. ,( k FV� '�,"��F .W #NYt i4$IT� > }��k� f fx�� ,�' '"��., ,� � � . � '�j . . , a.� . . ( ,*� �.�.. � i - ��a �� ,.M , ,,:ha��;. h �{. ��, ;9 ': �� i �3l�� 4, •, � '��y ` '_ , 1 ��;-'!. y a �� ' . � :�,�a�.. 'S c. � 1 j , ;�,ko -,. M • � .y- -.a. '' ��.�.��::.�,.� ..a'5.;:'.�;,.F�r:.:.i@:' • ' eview • February of zol4 the City contracted with Financial Consulting Solutions Group (FCS) to perform a - General Facilities Charge (GFC) update for the Water, Wastewater, and Stormwater utilities. • This update was in conjunction with the review of the City'� rniscellaneou� utility fee schedule. • These fees have not been updated since zoo9. . � a � s a . • GFC's are imposed as a condition of service on new customers connecting to the s stem. Y • The GFC is typically based on a blend of historical and planned future capital investments in system infrastructure - its underlying premise is that growth (future custorners) will pay for growth-related costs that the utility has incurred (or will incur) to provide system capacity to serve new customers. u �r: os�e • To Provide a source for capital financing. • To equitably recover a proportionate share of utility plant-in-service costs from new customers. • The costs of the system to be recovered by GFCs can be . . defined in two arts: p �. An existing �ost portion based on historical investments in existing infrastructure. Z. A future cost portion that recovers costs related to planned capital proj ects. ur ose • Funds recovered through GFC's can be used to fund capital improvements or debt service related to capital improvements but not operations and maintenance costs. • In the absence of GFCs, growth-related costs would be borne in large part by existing customers. • • • Authorizes the City to impose G�FCs but does not outline the methodology for calculating them, but it is important that the City's GFCs are based on an � equitable allocation of system costs to growth. • The calculated charges in the study represent the maximum allowable charge, the City may choose to im lement a char e at an level u to the calculated P g Y P charge. • - � �eco m m n � e at � on • Increase the City's GFCs to the maximum allowable charge to appropriately collect fu�ture capital costs. • Consider alternative methods for imposing GFCs for wastewater for non�residential customers. • Update the GFC annually to reflect construction cost inflation (CPI) . • ro osa e r o e ou nci • Increase the GFC fees to the maximum allowable char e over a two year period (recognizing the impacts of inflation rom Zoi4). Appendix A • Simplifies the method for calculating the wastewater GFC charge to one based on meter size vs. fixture counts consistent with the way the City currently imposes its water GFCs. • Updates the miscellaneous utility service fees to reflect current costs to provide the service. Appendix B • Gran�dfathers roj ects meeting specific criteria to the current rates if lower than t e new rates. • Provides an ap eal and review process for applicants regarding the assessed GFC ees. Pros & Cons — Shorter �Phase- I n Period 1'ro's Con's • Greater equity between • May deter growth if increase existing customers and is Tar e enou h growth � g g • May increase the GFC • May trigger challenges by revenue, rovidin additional develo ers fundin or ca ita .unless P g P � the increase is high enough to deter growth) • Sim lifies the imp ementation of the recommended GFC • Fewer large increases to GFC Pros & Co�n�s — Lo�n er Pha.se- I n Period g Pro's Con's � May mitigate the impacts to • Prolonged subsidy of growth customers by existing customers • May decrease the GFC revenue generated by the utility, reducing the funding available for capital without materially stimulating growth • Increases the number of lar.ge adjustments to rates to reach the recommended GFC - --- ----.. ..._._ _ _ ` _.. ... . - i , - -__.._.. ..... I � -- __. -- --- - -- �-- - _. _ . ._ _._.,__ ,. . .._...., ... ..-- - _.. _........ �:--- -. .. �: , ; . ---- ,.._ _ --...._�....._ �. __ _�_,__. _ _ � ,,, -� _ --- --..._. _. _,. -------. --' -._...__,_.._ _ _..._.,.,.. -- ---_--. -- - -- - -- j % _ �---- -- ------ ------�--.._ --� - � • ------ —_.-- �- ate Co m a r � so p ns Existing 2016 2017 2015 2015 2015 County Port Bremerton Bremerton Bremerton Orchard Pouisbo Gig Harbor Silverdale IVorth Perry Water/Sewer/Stormwater GFC (1) $ 7,331.00 $ 11,467.00 $ 15,603.00 $ 13,434.88 $ 8,504.16 $ 18,710.00 $ 9,220.00 $ 7,620.00 Meter 2,055.00 2,654.00 2,654.00 2,678.00 155.00 486.00 3,000.00 900.00 FF n/a n/a n/a 5,481.00 800.00 n/a 2,000.00 2,500.00 Inspection 308.00 308.00 308.00 109.62 36.00 125.00 n/a n/a County Fee n a n a n a n a 4,420.00 n a 4,420.00 4.420.00 Total Utility Service Connection 9,694.00 14,429.00 18,565.00 21,703.50 13,915.16 19,321.00 18,640.00 15,440.00 OtherFees Parks Impact Fee n/a n/a n/a 827.22 1,195.00 1,500.00 638.54 638.54 Transportation Impact Fee (2) n/a n/a n/a 2,010.60 2,713.10 2,124.00 515.00 515.00 School Impact Fee n a n a n a 1,222.13 n a 3,270.00 1,250.82 1,250.82 Total Other Fees - - - 4,059.95 3,908.10 6,894.00 2,404.36 2,404.36 Total Connection Fee for Single- Family Residence $ 9,694.00 $ 14,429.00 $ 18,565.00 $ 25,763.45 $ 17,823.26 $ 26,215.00 $ 21,044.36 $ 17,844.36 (1) Poulsbo Stormwater GFC study in progress 12)Port Orchard Transoortation Imoact Fee or000sed to increase to 52.841 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public hearing to adopt Study Session Date: August 12, 2015 Resolution No. 3250 designating a Blight COUNCIL MEETING Date: August 19, 2015 Zone Downtown Department: DCD-CDBG Presenter: Sarah Achaoui Phone: 360-473-5375 SUMMARY: Renew the Blight Designation for the Downtown target area. The Blight designated area is shown in Exhibit A of the proposed resolution. This target area has been identified to receive a set percentage of CDBG allocation can be used to abate blight conditions. ATTACHMENTS: 1) Memo 2) Resolution No. 3250 3) Exhibit 4) Powerpoint Presentation FISCAL IMPACTS (Include Budgeted Amount): No fiscal impacts to the City. Designation will impact the utilization of CDBG allocation. STUDY SESSION AGENDA: ❑ No Presentation � Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business �x Public Hearing RECOMMENDED MOTION: Move to approve Resolution No. 3250 designating Blighted area in the Downtown core as shown on the map in Exhibit A. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 � � � ��o==�;�;l�-/' �—�� —j — _ =i� DEPARTMENT OF �' � :;,� �� j� � COMMUNITX DEVELOPMENT � ~`�=- l I I . � { � -1� ,��,- j MEMORANDUM _� C rrl`(`` � I /�� ` .,._ ��" � ``-� ;. .'� � �-L`~-�._ 1 _ 1 _J To: Bremerton City Council From: Sarah Achaoui Date: August 19,2015 Re: Public Hearing to designate a Blight zone Downtown ;What is a"Blighted Area"? ■ A designated area where there is a substantial number of deteriorated or deteriorating buildings, or the public improvements are in a general state of deterioration,and either: a. At least 25%of properties throughout the area experience one or more of the following: a. Physical deterioration of buildings or improvements; b. Abandonment of properties; c. Chronic high occupancy turnover rates or chronic high vacancy rates in commercial or industrial buildings; � d. Significant declines in property values or abnormally low property values relative to other areas in the community;or e. Known or suspected environmental contamination. b. The public improvements throughout the area are in a general state of deterioration. ■ Buildings assisted under this designation must be considered substandard under the local definition.A building deemed substandard under local law must, at a minimum, also fail to meet the Housing Quality Standards for the Section 8 program. ■ Buildings where deteriorating conditions present a public safety or health issue. This Blight designation is for the targeted use of CDBG dollars.With this designation entitlement communities are able to use 10%of their total allocation towards abatement of blight conditions. Based on our anticipated allocation for 2016 this amount could be approximately$39,000 and 10% for each year thereafter. How will this location qualify under the designation of Blight? • Blight designation on an Area Basis a.The area is specifically delineated by the jurisdiction, and; b.Area meets the definition of a blighted,deteriorated or deteriorating area under State or local law, and; • c.Throughout the area there is a substantial number of deteriorated or deteriorating buildings, or the public improvements are in a general state of deterioration,and; d. Documentation is maintained by the recipient(jurisdiction)on the boundaries of the area and the condition and standards used that qualified the area at the time of its designation. ■ The tentative target area meets many of the conditions above including but not limited to: o High Percentage of vacant or deteriorating buildings o Significant declines in property values or low property values relative to other areas in the community o Abandonment of properties e.The assisted activity addresses one or more of the conditions which contributed to the deterioration of the area What are examples of Activities that can be carried out in the designated area? Examples of activities that qualify when they are located within the blighted area include: ■ Rehabilitation of substandard housing located in a designated blighted area and where the housing is expected to be brought to standard condition; ■ Infrastructure improvements in a deteriorated area; and ■ Economic development assistance in the form of a low-interest loan to a business as an inducement to locate a branch store in a redeveloping blighted area. ■ Improvements to repair code violations ■ Acquisition and clearance of blighted properties ■ Commercial revitalization through fa�ade improvements Research: ■ Out of 178 total buildings in the area (Shown in Exhibit A): 1. 110 have depreciated value between 2008-2015 (77%) ' 2. 8 buildings are in deteriorating condition (5%) 3. 25 are vacant(17%) • Total percentage of buildings that are either in deteriorating condition, having depreciated value or are vacant:80%( 143 of 178 buildings) RESOLUTION NO. 3250 A RESOLUTION of the City Council of the City of Bremerton, Washington, declaring blight to exist within an area of the City and declaring the necessity of rehabilitation, redevelopment or a combination thereof, to be necessary. WHEREAS, The City Council passed Resolution No. 1�30 in June of 1977 declaring blight to exist in an area of the downtown core within the City; and WHEREAS, The City recently conducted a study to re-evaluate this and adjoining areas of the downtown core; and WHEREAS, the City must demonstrate that an area has a substantial number of deteriorated or deteriorating buildings, and at least 25% of the properties throughout the area experience one or more of the following: physical deterioration of buildings or improvements, abandonment of properties, high vacancy rates in commercial or industrial buildings, significant declines in property values, or known or suspected environmental contamination; and WHEREAS, the study of the downtown area resulted in certain findings that 77% of the buildings within the study area have depreciated in value between 2008-2015, 5% of buildings are in deteriorating condition as defined by Kitsap County Assessor, and 5% are vacant and therefore 80% of the area meets one of the criteria to be designated blight; and WHEREAS, based on the study of the downtown area, additional areas were added to the boundaries of the previously declared blighted area, resulting in a newly designated area identified in Exhibit A, attached hereto and incorporated herein by this reference. WHEREAS, it is in the interest of public health, safety, morals and welfare of the residents of the City of Bremerton to rehabilitate, redevelop, or a combination thereof, the blighted area; and WHEREAS, in order to rehabilitate and redevelop such area, it is necessary to find and declare said area to be blighted pursuant to RCW 35.81.050 and 24 CFR § 570.208(F)(b)(1); NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 The recitals set forth above in this resolution are hereby incorporated and adopted herein as Findings of Fact and Conclusions as if fully set forth herein. SECTION 2 This resolution hereby repeals and replaces in its entirety Resolution No. 1730. 1 SECTION 3 The Findings of Fact and Conclusions meet state and local law and state that 89% of the buildings in the area have depreciated in value between 2008-2015, are in deteriorating condition, or are vacant. SECTIDN4 The area outlined in its entirety in Exhibit A is found and declared to be, and is hereby designated a blighted area pursuant to RCW 35.81.050 and 24 CFR § 570.208(F)(b)(1). SECTION 5 That the rehabilitation, redevelopment, or a combination thereof, of this blighted area is necessary in the interest of the public health, safety, morals and welfare of the residents of the City of Bremerton. SECTION 6 Severabilitv. 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 7 Ef'f�ctive 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 , 2015. GREG WHEELER, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk R\Legal\Legal\Resolutions\Communrty Development\Blighted Area Designation-Final.docx 2 � �37•18-019-011-0004 • • • • • • • • _ • • . • • • • • • • • • • • • • • • • • 3718-019-029-0004 • • • • • • • • • • • • • • • • • • • • • • • • • • . - � � • • • • • • • � • • • • • • • • • 3718-019-012-0102 3718-018-012-0005 � � � �,, � � 3718-019-026-0007 � � � � � � � � � � � 00 � • • • • • • • . • . • o • • • • . 0D • 0 • • • � • • • • • • • w • • • • • • • • • • � • o • 0 c,,� . • • w • • • • • • • o • v v N � • • • • • • • • • • � • • • • • • • • � � • • • • • • • • • • p • � • • • • • • • � W � �p • • • • �l • • • • • • pp • • • � • • • • • � � � 0 • • • • � • • • • • • �• • • • • • • • • • � • � • • � • • • • • • O• • • • • � • • • • OD • • • • � • • • • • • � • • • • • • • 0 • • • • � • • • • • • N• • • • � • • • • OO � � • • � • • • • • • • • • • N • • • • • • • • • • • 3718-018-021-OOC • • . • . • • • • • • . • . . • • • • • • • • • • • • • • � R K � � 0 � w � j 0 � � � Q I � � O jn 0 � � � � � � Q A W 3718-014=005-0003 � � � o 3718-014-044-0006 ;n � � � o 3718-014-007-0001 �D p o p (J� J • • • • • • • • O • • • • • • • • 0 A � • • • � • • • • p 3718-014-009-0009 � 3718-014-040-0000 � - • . • • • • . • • • . • . • • . w � • • • • • • • � 00 0 � �' 3718-014-039-0003 • • . • . . � 0 ' 0 3718-015-039-0000 � a • • • • • • • 0 °' `3718-014-037-0005 � 37.18-015-012=0100 = W � � 3718-014-036-0006 °D 3718-014=014-0002 37•18-015=015=0008 � � � 3718-014-035-0007 W 3718-015-016-0007 w � 0 3718-014-016-0000 . . . . , . . � � o 37.18-015-017=0006 rn I i------. -- . . . Targeting CD�G funds to abate blight conditions in downtowr� target area � , i i --._ -- ------- � ; � ; ■ ■ � at 1 s a 1 te re a . ° According to RCW 35.81.015 (2) � Substantial physical dilapidation; ° Deterioration; � Defective construction; � Age or obsolescence of buildings or improvements whether residential or non residential; _. � Tax or special assessment delinquency exceeding the fair value of the land; . � Existence of conditions that endanger life or property by fire or other causes; � Constitutes an economic or social liability. � This list is not exhaustive please see RCW 35.81.015 (2)for complete list �--- ---- i i ; ■ ■ �� OW 1S a 1 te aY'C�'c� . � e S 1 11�� . � Area is specifically delineated by the jurisdiction, and; � Area meets the definition of a blighted, deteriorated, or deteriorating under State and local law, and; � Throughout the area there is a substantial nur�ber of deteriorated or deteriorating buildings, or the public improvements are in a general state of deterioration, and; � 25% of buildings in target area meet one or all of the following conditions: � High percentage of vacant or deteriorating buildings; Q Significant declines in property values or low property values relative to other areas in the community � ; � ^'24 CFR � 570.208(F)(b)(1) ; �, � ; __ __ -- i----- -. I i ■ ■ � V V� �V�� L.JO�� ■ � This designation allows for use of 10% of CD�G allocation for the abatement of blight conditions. � Based on an estimated allocation of $390,000 for 2016 this amount would be approximately $39,000, and 10% of allocation for each year until area no longer meets the criteria or the designation expires (10 years). i ____ � . � t 1S a�ea c�i1 110 Ot er , � ? � a�'�aS . • This area fits in with the target area designated with the approval of the CDBG work plan by council on July 15t", 2015. • By designating this one area it allows for use of the full 10% in one target area, if more areas are designated it would dilute the already srnall 10% � • This area has been designated as a blight zone since 1977 (Bremerton City Council Resolution #1730). In 2015 it still meets this criteria. 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OJIpYEIL `i ....Anc.ma�v :.i . . .._.. . ... .. ... . . .... ......... . .." _ _... ..._"'.... ""'"'"_"'"__." _ .... _"' "_"_ • _'__ , . . .W ' ��. . . � - r " ..."' .;_ .. yW � � ' _ - �`.. - -� ,. _ '_"_ ...._... _.� _ .. . . _._ . ..... ... � . . r G11EGDiYY i ..._-.._.� ..a•�. � -.. .... ._ . ' � � v•� . _.......; ' I � . .'"_ ' _ _ �.��/ I � i � • ... �ii� 1 . '_ . ' '...'�• 3 � .._ ._ . .. �..._._.... L _..... ......... I � • �� 4�w,� ' . . ..._. ..... . . � . _ �. � �F �i ..,�, . . .. : '- -` n'._'+.'a i,� • ._. ,: �T �...._im. . ....._ 'er • _ -'- r�� LEGEND ' - :! i a �Depreciated Value 2008-2015 ',; �' � �. '"'�a Kitsap County Assessor,Deteriorating Condition � t:�'.�:;� , , r� �Vacant Building � N ��;' j Surface Parking(Information Only) ' � Q Designated Blight Area �� ` `�� !_ ., �—------- � ■ ■ ■ ■ e � e 11�ltl O l� O ete�'1 O ratlll � . . Ol� ltl O�1 � Deteriorating Condition, Kitsap County Assessor: • Includes both Fair and Poor • Fair: "Indicates the structure is in fair condition relative to its age. - The degree of deterioration is somewhat worse than would normally be expected. Badly worn, much repair and refinishing needed, deferred maintenance is obvious, and building usability and services are inadequate:' • Poor: "Indicates the structure is in poor condition relative to its age. The degree of deterioration is significantly worse than would normally be expected. Repair and overhaul needed on many major components, numerous inadequacies and substandard utilities. Excessive deferred maintenance, limited value in use, approaching abandonment or major reconstruction. " � �---- - � 1 I I O V � � V �� V��V� �� ■ ■ � C�'l�e�la . s Out of 178 total buildings (Shown in Exhibit A): � 110 have depreciated value between 2008-2015 (67%) * 8 buildings are in deteriorating condition (7%) • 25 are vacant (15%) • �fotal percentage of buildings that are either in deteriorating condition, having depreciated value or are vacant: 80% (143 of 178 buildengs) �, � ; --,._ _ ---- �---�'`' P�_ ' � ,�� - � -_ _ �'I r� - f ' _ �� 11�� I _--:'�f" � _ _ _ _--' `-� - . _.. O� B�G I __ _ � � - R RENT �O - -- % - - =- - 4�3674 - �� , t �_ � �.._ � , �.�: . �-i ,� + � , � � _ + i � ' . .. i I I I _ • ; � I • ' ` � � i j . . � i . � , �. I_._- . . . . ... ' . - . , . . ;}.1,:. {.., .^�•. v. _' � €f'. ., � :� .• ' , '�' , '..t' ".:yt�'` • i \` ' �F' '�J , I;, {'` . .. . '• •• ' � . .�. ��:1 ,;� 4; �f.... �ry.`y�,. .;' ` �_ . . ' ; . . ;; ,� .. � R,. . `, •.n,' •l`. r ., �� :i� , � - ��'\�= ;. � . ' V? � ('t ' i .. .r •�. �� .1.�:".. ..'!''. .�. 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' � � , .. . . :.a' •• � � � Id• .. { �: �� " �'`a., � , .. .�:,. ,� " . � ;e �, • . , .v ,. � ' ' . � ' �'�y`x �--- �� ' �•. � , .-w�r-,...c F ,�Nl1(,�� ,'� ;: '�r � l �•1 ;� �.� R� I �ZS r 1 1• _ - - �" � �� i.-�� .Yli� . � : . r! I ��; _�'_I � 't� lj i � . . ` 4i � ..1 ,` 1 � ,�(� t', �r .�• � � e . S'� . ` � . i i ,� � •�y , • ,� . � � ' � ' • ' �,• � f. , • � 1 , �� .�:: �,s� _�. ;: • '� �' _ ,1,.1� e 1 , I • �' �' '�, t � ' .�� Ni�•� � /r '4 •, j ��' ` � �� t �., � , , —. _ _ .� _.,_ `t ' . . , ' _��=�' _ . .� �. . ' '',� � ";-j�� . 4 H. ' ! , �� ,x ,. � , . . _,-a� ` . '- , +- . � , 7 � ��__)� - i�_ - � r ' � � `: � — �' . �-- . . �- J � �� _ . '1�r � ' � � ,� ;�t '��. .`� �`�`� �� St �:, �I . , . _� �:�,. ,�� .� �,� . � � ` �� ; ,'' .i.' � r F'' - • �•i . . �� . �}'' ` _ ' � . ' •\�S;y��' I ,1 .7T' . . _ , I� ii: �, . i � _ `��m��,` � � � � +,� . , , ��'�� .�, � � ��` �-i� A� � � � � '� '4��' �� F S� - �� . �- -- - _._ . . .------------ i I � ■ � � at are exam es o act�vltles • � t c�� Cc�I�I e Cc��'�'le OUt . � Rehabilitation of substandard housing located in designated blighted area; � Infrastructure irr�provements in deteriorated area; � Economic development assistance in the form of a low- interest loan to a business as an inducement to locate in redeveloping blighted area; n Improvements to repair code violations; � Acquisition and clearance of blighted properties; � Commercial revita6ization through fa�ade improvements. � � � , _ _ ___---- __ i ---- . � � � � . S O�' 1 t r@a � RFP period coming September 1-30 + Public comment period will run during that tirne where comments are encouraged from the public about where the money should be focused first. • RFP's will be released September 1St and applications will be due September 30tn. � Appiicants are encouraged to attend a mandatory Technical Assistance Session on Septernber 9t" fror� 10:00-12:00 at the � NDGC in the Mayor's Conference Roorr�. � I From: Sarah Achaoui Sent: Friday, August 14, 2015 2:49 PM To: City Council Subject: Net assessed value of Blight zone Target area Attachments: CDBG_SBA_2010_2015.x1sx Good afternoon, This information was requested to be sent in an email to Council members at the study session on Wednesday. It is the net assessed value of the blight zone target area from 2010-2015. value 2010 132,695,660 2011 137,670,900 2012 131,143,040 2013 120,625,642 2014 118,760,484 2015 100,364,955 �alue 160,UQ0,0�0 140,000,000 120,00�,0�00 100,000,0�0 8�'��'�Q ■vaEue 60,0OO,�Q00 40,QOO,O�DO 20,0OO,OUB O 2QlQ 2011 2012 2013 2014 2015 Thank you, Sarah Achaoui Community Development Block Grant Administrator , City of Bremerton 345 6`h Street Suite 600 Bremerton, WA 98337 Email:Sarah.achaoui@ci.bremerton.wa.us Phone:360-473-5375 1 ACCT NO PROP CLASS Value 2015 Value 2014 Value 2013 Value 2012 Value 2011 Value 2010 3718-005-012-0002 460 365930 365930 365930 365930 513780 540940 3718-005-020-0002 131 259250 274330 349590 285530 300220 316130 3718-005-022-0000 460 166460 175000 183530 192070 192070 213410 3718-005-025-0007 720 484390 501990 530760 610270 721300 934040 3718-005-028-0004 122 208930 219450 239920 336280 336280 350000 3718-005-030-0000 121 105460 110560 119960 136800 139550 146930 3718-005-031-0009 111 330160 346690 384310 373930 375800 395690 3718-006-001-0003 590 508140 483160 549760 638820 663350 698470 3718-006-003-0001 590 251160 252600 291000 331240 336290 377260 3718-006-004-0000 690 585350 645720 645720 693180 718410 767560 3718-006-006-0008 691 408850 558490 632950 744840 778130 819320 3718-006-008-0006 690 296760 292430 333760 382870 395160 429970 3718-006-009-0005 590 599480 605980 612470 1431450 1486570 1565290 3718-006-012-0000 637 764040 833990 833990 833990 950570 1000920 3718-006-018-0004 460 0 2058410 2058410 2058410 2720070 2863880 3718-006-026-0004 460 124960 124960 124960 124960 170280 179290 3718-006-028-0002 111 106450 111510 122170 171820 172060 179100 3718-006-029-0001 134 813600 732760 732760 732760 770430 811270 3718-006-037-0001 137 181770 164080 189330 222750 226190 169630 3718-007-001-0001 690 1727240 1736760 1991310 2268500 2327280 2450440 3718-007-005-0007 690 187770 181390 264910 305900 316680 333440 3718-007-006-0006 690 143310 156770 207610 230650 233190 247460 � 3718-007-007-0005 131 336970 357470 486930 328370 345260 363560 3718-007-009-0003 590 293790 300960 328760 365550 381970 402200 3718-007-011-0009 590 103870 94640 107810 125220 130710 137630 3718-007-012-0008 460 153900 153900 153900 153900 203370 214120 3718-007-014-0006 160 9758504 9758504 9677060 10173270 13379830 3572020 3718-007-016-0004 591 413900 375790 402560 442780 454740 478810 3718-007-016-0103 591 123860 112790 123750 140210 145110 152780 3718-007-017-0003 460 66560 69780 72990 76210 84740 89220 3718-007-019-0001 460 345600 230850 230850 230850 305060 321180 3718-007-028-0000 690 1599240 1689640 1917740 2141390 2203140 1923340 3718-007-030-0006 690 235800 231380 266976 298940 376510 396450 3718-007-032-0004 690 763100 837710 837710 906670 931300 980610 3718-007-034-0002 690 678870 747930 1043810 1139890 1164540 1226190 3718-007-036-0000 590 296760 293330 334660 383770 396060 437870 3718-007-037-0009 690 731780 1144172 1274332 1253030 1269970 1366050 3718-008-001-0009 690 640870 702440 702440 779860 788990 830730 3718-008-015-0003 460 125420 125420 125420 125420 160560 169040 3718-008-017-0001 580 161380 161380 161380 189980 256160 269730 3718-008-018-0000 460 377680 363320 363320 363320 431170 453980 3718-009-019-0007 590 379280 344790 387900 456340 462290 486760 3718-009-021-0003 590 171010 155470 174900 205760 216330 227800 3718-009-022-0002 590 345400 314000 353250 415590 421010 443290 3718-009-023-0001 590 359180 328520 372320 438130 457720 481950 3718-009-025-0009 591 467120 441120 489790 562910 592670 624050 3718-009-026-0008 910 54920 57740 60550 63370 63370 70410 3718-014-001-0007 740 0 396930 396930 396930 521880 549470 3718-014-005-0003 910 0 87530 91800 96070 0 0 3718-014-007-0001 910 0 77940 81740 85550 0 0 3718-014-009-0009 910 0 36930 38730 40540 0 0 3718-014-010-0006 910 0 120230 126090 131960 0 0 3718-014-014-0002 910 0 57740 60550 63370 0 0 3718-014-016-0000 910 90200 94830 99450 104080 83260 92510 3718-014-018-0008 460 305580 305580 305580 305580 203370 214120 3718-014-020-0004 460 283900 283900 283900 283900 203370 214120 3718-014-022-0002 590 637420 620940 758619 775620 704360 756490 3718-014-026-0008 690 1512901 1555541 2028403 2384680 2585630 1829650 3718-014-030-0002 590 102760 93990 106520 125360 130960 137890 3718-014-030-0101 590 292880 217120 246070 287760 392870 413670 3718-014-032-0000 590 221060 210470 234440 269070 282570 297530 3718-014-033-0009 460 314420 314420 314420 314420 186420 196280 3718-014-035-0007 590 169100 152870 170170 193070 197350 231660 3718-014-036-0006 590 185940 168300 193500 226850 230280 277220 3718-014-037-0005 590 182530 166660 189330 219360 228620 240730 3718-014-039-0003 590 234390 214120 237190 267730 281030 305180 3718-014-040-0000 460 185960 185960 185960 185960 245740 258730 3718-014-044-0006 690 547200 601910 601910 668790 673280 708920 3718-015-001-0004 670 0 0 0 0 0 0 3718-015-004-0001 670 0 0 0 0 0 0 3718-015-016-0007 690 122870 112500 127300 146900 154830 163030 3718-015-017-0006 591 346760 313160 322080 335490 343790 362000 3718-015-018-0005 591 207150 189600 214660 252340 263540 290010 3718-015-026-0005 690 <Null> 2744810 2816180 3170410 3196430 3413340 3718-015-028-0003 460 <Null> 168410 168410 168410 229500 241640 3718-015-031-0008 460 <Null> 141250 141250 141250 192480 202660 3718-015-033-0006 690 1652570 1822060 1822060 1963750 2029740 1986220 3718-015-Q39-0000 460 0 35070 36780 38490 38490 42770 3718-015-040-0007 670 0 0 0 0 0 0 3718-016-001-0002 460 147940 155090 162230 169380 192480 202660 3718-016-004-0009 690 451530 381740 566560 626950 638400 709250 3718-016-006-0007 460 102880 107860 112840 117820 140670 148100 3718-016-008-0005 460 59330 62150 64960 67780 81430 85740 3718-016-009-0004 460 59330 62150 64960 67780 81430 85740 3718-016-010-0001 690 464770 507060 576180 633780 661230 696230 3718-016-012-0009 670 0 935360 944080 952800 952800 974610 3718-016-017-0004 690 300470 330650 330650 359900 369330 388880 3718-016-019-0002 690 114080 121900 121900 131810 144740 152400 3718-016-020-0009 590 403070 410710 187820 220470 230180 266890 3718-016-021-0008 670 0 2766130 2775410 2784700 2784700 2807920 3718-016-032-0005 640 493230 518130 518130 518130 542840 571600 3718-016-035-0002 690 126900 132360 132360 141980 152920 168520 3718-016-036-0001 460 102790 107770 112750 117730 141300 148770 3718-016-038-0009 489 0 0 0 0 0 0 3718-016-044-0001 460 0 57730 60540 63360 63360 70400 3718-016-045-0000 460 0 57730 60540 63360 63360 70400 3718-016-046-0009 460 0 60610 63420 66240 77070 81150 3718-016-047-0008 460 0 102110 107090 112070 112070 124520 3718-016-049-0006 670 0 1358540 1358540 1509500 1350790 1422290 3718-017-001-0000 720 1475960 1486790 1497620 1508460 1508460 1535540 3718-017-006-0005 460 119520 119520 119520 119520 162870 171480 3718-017-011-0008 460 103760 108750 113730 118710 148070 155900 3718-017-013-0006 460 391150 391150 391150 391150 533040 561220 3718-017-019-0000 460 0 112330 117810 123280 123280 136980 3718-017-021-0006 690 142340 150370 163460 174390 199710 210290 3718-017-023-0004 637 66000 73820 73820 73820 81580 85900 3718-017-024-0003 640 135160 136470 136470 140120 140120 14754Q 3718-017-026-0001 131 117950 124340 133550 217080 231870 244140 3718-017-035-0000 460 185710 191360 194110 212000 282570 297510 3718-017-037-0008 611 489470 533270 533270 586810 538940 567470 3718-018-001-0008 690 6725220 7490940 7490940 8276180 8486560 8935710 3718-018-008-0001 460 77810 81610 85410 89220 101690 107060 3718-018-009-0000 460 211610 211610 211610 211610 279630 294420 3718-018-012-0005 460 192380 192380 192380 192380 254210 267650 3718-018-015-0002 460 448880 448880 448880 448880 593160 624520 3718-018-021-0004 590 308320 308540 346610 389370 405110 408090 3718-018-023-0002 460 347700 347700 347700 347700 473820 498870 3718-018-030-0003 460 124960 124960 124960 124960 170280 179290 3718-018-032-0001 460 59120 61940 64750 67570 67570 74610 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