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Home My WebLink About10/07/2015 AGENDA r-_.. 9� y9 i' '•� CITY COdJNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360)473-5280 OCTOBER 7, 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. MAYOR'S REPORT 4. PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting —September 16, 2015 C. Minutes of Study Session —September 23, 2015 6. PUBLIC HEARING A. Public Hearing to pass Ordinance No. 5285 to vacate a portion of the Right-of-Way of 17th Street between Lafayette Avenue 8� Corbet Drive 7. GENERAL BUSINESS A. Contract Award for the Flow Control & Seismic Valve Project to Pape & Sons Construction, Inc. B. Renewal of$150,000 Annual Funding Commitment to the Admiral Theatre Foundation _.�_.�.........:..: . C....Professional Services Agreement-with_McClure Consulting,_LLC . _-.. .- -- _..-. -- _._,.._._.___._. _. _._ _...___.__.. ..- - - _... .._.. .. ...... .. ...- ----- -� --.�__. . .. _ 8. COUNCIL MEMBER REPORTS - 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING The Bremerton Transportation Benefit District(TBD) Board will meet after a brief recess... �Americans with Disabilities Act(ADA) accommodations provided upon request. Those requiring special accommodafions please contact the City Clerk at(360) 473-5323 by noon on the day preceding the Meeting. BREMERTON CITY COUNCIL MEETING SPEAKERS LIST "Now that the Election Season is here,please be aware that per the Bremerton Citv Council Rules c� Procedures, dascussion of ballot issues is prohibited after the issue has qualified for the ballot; and all announce�nents or advertising concerning candidates is also prohibited..." PLEASE PRINT YOUR NAME BELOW IF YOU WISIT YOUR COMMENTS TO BE INCLUDED IN THE RECORD K � � ��. �� - �� REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU �I��n��a#��g �a�i�rn, . � �e��v+��in� �e.+��r� of Kitsap �`�unty � � i � . • • Pu r le � Purse ALLSTATE F�OUNDATIQN __.__...._._._._..�.__ r-................................--........_...... � � i � ( I .•• t �i� I I i � i • i � � r • �rOCYaI�IY�.ti01� WHEREAS, domestic violence is a serious crime that affects people of all races, ages, gender and income levels; and WHEREAS, domestic violence is an unspeakable offense against human dignity that shatters lives and families, and spawns lifelong feelings of hopelessness and despair; and WHEREAS, domestic violence is widespread and affects over four million Americans each year and one in three Americans have witnessed an incident of domestic violence; and WHEREAS, children that grow up in violent homes are believed to be abused and neglected at a higher rate than the national average; and WHEREAS, domestic violence costs the nation billions of dollars annually in medical expenses, police and court costs, shelters, foster care, sick leave, absenteeism and non- productivity; and i�HEREAS, only a coordinated community effort will put a stop to this horrible crime; and WHEREAS, Domestic Violence Awareness Month provides an excellent opportunity for citizens to learn more about preventing domestic violence; NOW, THEREFORE, I, Patty Lent, Mayor of the City of Bremerton do hereby proclaim October 1015 as Domestic Violence Awareness Month in Bremerton and urge everyone to show support for the numerous organizations and individuals who provide critical advocacy, services and assistance to victims. Dated this 15L day of October 2015 Mayor Patty Lent �_' � II ' i KITSAP AEROSPACE AND I I � I I I DEFENSE ALLIANCE � � � � � i ii � • � i , i , � i i � ' I I , � . �_ .._ .�_ ,_ ; � � i � EmbraciaqAerospace�space.- KitsaiasOpport�nities . Review 2015 activities . Tom Captain, Vice Chairman Aerospace and � � , Defense, Deloitte LLP, who will share his , � � insights and suggestions regarding Kifsap's competifiveness in fhe aerospace and space industries , � . Open to fhe public—Don't miss this , , . , , , , , , , opportunify fo learn about Kifsap's role in aerospace & emerging space industries i , i , I � i This eue�is sponsored by: r�� KI TSAP ' ' ' � ' ' ' , , , , CREDIT•UNION ' ' � - �PO�OF Lj►� � I � ' I I � ' I PACIFIC NORTHWEST � ��n�f� AEROSPACE ALLIANCE i�=------� . � Counc�l Mem er � � b � :: �� e � M D � . � Y`rY c onald I � s o • 4 , will host the next District 3 Communi Meetin tY g on a cto er y, , . . �� "Nei hborhood Securi I " g ty s sue s Dlscusslon and Quest�ons W th,Ioe Sexton, Cor.nmur�ly Resource Urut . • . ; . . � . . . ... ... . ••• . . � � . . . •�• . ., ., �� The ineeting will be held at the Bremerton Senior Center Located in Manette at E. 13°' Street & Nipsic Avenue All Cln� ofBrerrlerton resldel�ts are enc,our�,�-ed to attend.� `.__' � � . _. s ,r � �i r' .. ;•� �,�C�� FOR YOLITH DEVELOPMENT° �c,Q' FOR HEr4LTHY Lli/INiG � FOR SOCBAL RESPOfV51BILIT1f , •': r. •> � - �� -. . -. ,...� � .: � �._._.__ ; , r i i ' ' � � I ;•� i --.� / , � , . . , � ,. , _..._.� � ;' . , I ' -- -- / ---- `•. ' � --_ I ' . � •.� �.J C—J �__J �—...—..—.J .-------J The Halloween Hustle _ _ _ ___ BREMERTON FAMILY YMCA �� RACE DETAILS = —�7 — -Sunday, Octob�r 25 I 3pm = -Costume Contest! Wear you� costumes and meet at the Annex�or a 2:30pm costur�e contest -`' - , to kick things off. -Race begins at 3�m , - ""��'�""� ` �,,, .rt�� .o.� � -Bring your family, dogs and your�rie�ds! - -Register a� th� InOQicome Center or online �� CONTACT Melissa Davidson N�aBth a�d We91-�ei�g �irpc�or mdavcdso��Ja. ymapkc.org - -- — � - 360-30i-405 i wv�w.y�capkc.00 g � ��N � E P � O � ��M � I N � o FOR VOUTF9 DEVELOPPflEPdT° �� FOR HEdLTHY UVIWG r �� FOR SOCIdL!@ESPOWSIBILOTY Monday Zumba Gold (Group Ex Room 1) 8:45-9:30am :-.-��y�-�; -q={;=v:'��..�,.�.�� • . , ' Aqua Zumba (Shallow Pool) 9:45-10:45are� ° �`� �� - � � � ��' � " � _:, :,; Family Zumba (Gym) 10:30-1 1 :30am i� --�.�� - - � - Tuesday � � w -- - � -�� - � - �, . . Farroily Zumba (Gyrrs) 5:30-6:30prro _ :� � �' \ ~ � ". Salsa (Group Ex Room 1) 7:00-S:OOprrA r �� - � , �'_ :e°`� ��'` ` Wednesday �.�_��: �� _ .��.�.��_�____.-----��: ....� Zumba Gold (Group Ex Room 1) 8:45-9:30am �'� �: ---�--- ,,�;; ; r- -T.-` Aqua Zumba (Shallow Pool) 9:45-10:45am � :`'�a� ';;�� ;'� .�'�n<, Family Zumba (Gym) 10:30-1 1 ' r-i_ ' ° '`y�'�` .� '� :30arre �� _�� ,� �,_ _- ;.f�� , �i` ��' � ,-�� . MixxedFit (Gym) 5:30-6:30pm �_ � ,.� � �r, ��=�- - ��: . _ f.," r�'+��t�';�.i . + � j �� -�� i,`L �, Thursday � ._ _ _ �' �� , . ,:r�, ,��. ;� � MixxedFit (Gym) 5:30-6:30prn - ";1.; � - � � ,,:_ _, , . : � ; �, � u . . • ; �; _ . ; ; � � ; . . : . ; ; . . . : � : .. Friday � _ _L. ��.�, ___..__. .. �� .� .� _ . Zumba Gold (Group Ex Room 1) 8:45-9:30am Family Zumba (Gym) 5:30-6:30pm - • � r, Saturday .. ' ��'� ,�. Family Zumba (Gym) 9:00-10:OOam _� � � Sunda ' -`� - � _- --. _ _ .. __ ___ �l � y ; - 10/7/2015 Retailer License Description and Fees�Washington Shate Liquor and Cannabis Board Contact Privacy Policy Accessihility �Select Language�Powered by Go:g!e TI2�512t6 ��Washington State Search WSLCB Site liquor and Cannabis Board Home Licensing Services Enforcement Education Careers Business Portal Marijuana Licensing � Retailer License Description and Fees Priorlry Criterla � NOTE:On October 12,2015 fhe WSLCB wtll beg�n aacepGng 2tatl l�cense appl�cations,those applications wdl be processed Distance hom ResMcted EntlHes I aocording to the three priorlty levels established m the law New applications wdl be processed thr�ugh the Department of Initlal Intervlew and Additlonal Revenue's Business Licensing Serviee once applicabons a�e avatlable. i DocumenLa � There wtll not be an imtial cap on the number of l�aenses�ssued Poten6al applicants a2 strongly encouraged to ensuie that Local Authority Nodficadon I they have all of the iequned documentat�on before applying Fatlure to prov�de requ�red documenta6on in a timely manner wtll Publlc Comment Period i ��It m the appl�cation be�ng wrthdrdwn Request Final Inspection � . Lieense Approval or Denial � Retail License Criminal History Record Check � � Marijuana ReTailer � Not Currently Avallable Applications � _ i • $266 Appliption Fee(Non-Refundable) Marijuana Licensing Applicadons j ' $�062 Annual Fee Tor Issuance and Renewal I , To sell only usable man�uana,manjuana�nfused products,and man�uana paraphemalia at retail in retail outlets to persons Helpful Resourees i twentyone years of age and older ': -Intemet sales and del�very of product�s piohibded Dept.of Health Website -The sale o/extracts that are not�nfused is not allowed I Dept.of Revenue WebsiEe i -Man/uana retaders may not sell man�uana products below theu acquis�Gon aost IS02 Licensing Education � -Any en6ty and/or pnncipals wdhm any entity are limded to no mo�e than three retatl man/uana I�censes wdh no mulhple Presenfatlon I locatron l�censee allowed mo2 than thirtJ�three peroent of fhe allowed l�censes�n any county or aty Permilting ; Changes DocuSign FAQ � Marijuana Licenae Change of Location 575 DocuSign Tutorlal video j To Gose your present business and move to a new location � Marijuana License Change of Ownership S75 To change the qualifying persons for a publiGy or prwately held corporation or in a limited liability company A change in the qualifying persons for a sole proprietorship,general partnership,limited partnership,or limited liability partnership reqwres a new application Change in Site andlor Opereting Plan S60 To request physical alterations to your licensed premise,or to change your prewously submitted operating plan Printer�riendly version ConteGt US Privaty POIiCy ACce55ibility WBbmaster Login Copyngh!';:2075 Washington SWtc Liquorand Cannabis Board http://www.liq.wa.gov/mjlicenselretailer_license description fees 1/1 AGENDA BILL CITY OF BREMERTON GTY COUNCIL SUBJECT: Claims & Check Register Study Session Date: COUNCIL MEETING Date: October 7, 2015 Department: Financial Services Presenter: Shannon Corin Phone: 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1) Check#'s 365304 through 365621 and EFT's 15307 through 15378 in the amount of $2,663,137.78. 2) Regular Payroll for the pay period ending July 15, 2015 in the amount of$57,371.10. 3) Regular Payroll for the pay period ending September 15, 2015 in the amount of$735,465.41. 4) Regular Payroll for the pay period ending September 30, 2015 in the amount of$710,441.84 5) Regular Payroll for the pay period ending September 30, 2015 in the amount of$18,130.29. 6) Retiree Payroll for the pay period ending September 30, 2015 in the amount of$51,875.12. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): 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 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting - Study Session Date: N/A September 16, 2015 COUNCIL MEETING Date: October 7, 2015 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting on September 16, 2015. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, September 16, 2015 The weekly meeting of the Bremerton City Council was called to order Wednesday, September 16, 2015, at 5:00 PM In COUt1Cll COtlf@PeC1C2 ROOt71 603 Of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Greg Wheeler presiding. Council Members present were Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs and Pat Sullivan. Council Member Eric Younger was absent. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin; Council Assistant Christine Grenier; and Kevin Matthew, Information Services Manager. A CouNci�BRiEFiNG was held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. President Wheeler announced that Council Member Pat Sullivan will lead the Pledge of Allegiance; and Retired Pastor Steve Alexander formerly of Charleston Baptist Church will provide the Invocation. Council Member Daugs arrived at 5:36 PM... MAYOR'S REPORT—Mayor Patty Lent... • Proclaimed the Monfh of October 2015 as "Filipino-American History Monfh"and the proclamation was accepted by Council Member Leslie Dauqs; • Announced that the Annual Beautify Bremerton Clean-Up will be on Saturday, September 19 from 8:00 AM to 2:00 PM at Legion Field; • Displayed details on a workshop to make bug puppets this Saturday from 11:00 AM to Noon at the Valentinetti Puppet Museum; • Announced that the Kitsap Area Veterans Alliance Stand Down will be on Saturday, September 26 from 10:00 AM to 2:00 PM at the Kitsap County Fairgrounds; • Shared information on a Drug Free Program for students at Bremerton High School; and • Looked forward to the Bremerton delegation's trip to Sister City Kure, Japan in April 2016. POLICE DEPARTMENT— Police Capfain James Burchett... • Provided a monthly update on Police Department operations; shared statistics for various types of crimes; and read an email from a citizen who commended police officers for how they responded recently to a mentally ill subject; and • Brought forward Police Detective Martin Garland who discussed a cold case involving robberies in December 2012 and January 2013 at a Walgreen's pharmacy that was recently solved. PUBLIC RECOGNITION David Ravmond reported on the efforts to collect supplies for volunteers who are fighting wild fires in Eastern Washington; and explained that there are opportunities to volunteer in a Community Response Team which will work alongside first responders and City Departments during emergencies. CONSENT AGENDA 6A— Claims & Check Register: Claim & Check #'s 365133 through 365303 and EFT's 15275 through 15306 in the amount of $1,276,792.15; in the Regular Payroll for the pay period ending August 31, 2015 in the amount of $732,243.33 6B— Minutes of Meeting — September 2, 2015 City Council Reg. Mtg. Minutes Wednesday, September 16, 2015 Page 2 of 3 6C— Minutes of Study Session — September 9, 2015 6D— Confirm Appointment of Peter W. Fisher to the Bremerton Kitsap Access Television (BKAT) Citizen Advisory Committee 6E— Confirm Appointment of Robin Henderson to the Bremerton Kitsap Access Television (BKAT) Citizen Advisory Committee 6F— Confirm Appointment of Kyle T. Meagher to the Bremerton Kitsap Access Television (BKAT) Citizen Advisory Committee 6G — Confirm Appointment of Sheldon "Doc" Parr to the Bremerton Kitsap Access Television (BKAT) Citizen Advisory Committee 6H— Confirm Appointment of Alex Pettygrove to the Bremerton Kitsap Access Television (BKAT) Citizen Advisory Committee 61 — Confirm Appointment of Bill Benson to the Community Development Block Grant (CDBG) Project Review Committee 6J — Professional Services Agreement with Herrera Environmental Consultants for the Stormwater Comprehensive Plan Charleen Burnette, BKAT Public Access Manager, introduced appointees who were present at the meeting: Pefer Fisher; Robin Henderson; Kvle MeaQher, and Sheldon "Doc"Parr, and personally thanked them for volunteering to serve on the BKAT Citizen Advisory Committee. 06:11:10 M/S/C/U (Davis/Daugs) Move to approve the CoNSENr A�EN�a as presented. GENERAL BUSINESS 7A— FIRST AMENDMENT TO THE LEASE AGREEMENT WITH COMMUNITY THEATRE, INC.: Roaer Lubovich, City Attorney, summarized that In October 30, 2002, the City and the Community Theatre entered into a Lease Agreement for the Community Theatre's operation and maintenance of the Community Theatre. In 2009, the City and the Community Theatre entered into a new Lease Agreement extending the term until December 31, 2028 to construct an addition to the existing building. The Community Theatre has now been approved for a $325,000.00 grant to make improvements to the Community Theatre. In order to receive this grant for the improvements, the lease is being is extended, with options, to December 31, 2045. Dr. Rana Tan, Production Manager for the Bremerton Community Theatre, shared further info�mation on theatre operations and the anticipated projects to be completed with the grant funding. There were no questions or comments from the public... 06:17:15 Motion was made by Runyon and seconded by Davis...Comments were provided by Runyon and Davis; Questions were asked by Runyon and Daugs, with responses provided by Dr. Tan... 06:21:05 M/S/C/U (Runyon/Davis) Move to approve the First Amendment to Community Theatre Lease with the Community Theatre, Inc. and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. 7B— FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE PORT OF BREMERTON FOR THE OPERATION AND MAINTENANCE OF THE EVERGREEN ROTARY PARK BOAT RAMP: Jeff Elevado, Parks & Recreation Manager, explained that in December 13, 1988, the City and the Port entered into an Interlocal Agreement for the Ports operation and maintenance of the Evergreen Rotary Park boat ramp. In 1998 and in 2008, the Interlocal Agreement was extended for additional ten year terms with the current term expiring on December 13, 2018. The Port desires to City Council Reg. Mtg. Minutes Wednesday, September 16, 2015 Page 3 of 3 make certain improvements to the boat ramp with grant funds it has been approved for the project. The City will pay one-half of the required match for the grant funds for the improvements. The City's payment to the Port will be in the amount of $58,000. Upon completion of the improvements, the Port will transfer all improvements to the City and the Interlocal Agreement wil� terminate. There were no questions or comments from the public... 06:32:19 Motion was made by Runyon, and seconded by Davis ...Comments were provided by Runyon and Davis;and Questions were asked by Runyon, Daugs, Davis, and McDonald with responses provided by Mr. Elevado... 06:44:03 M/S/C/U (Runyon/Davis) Move to approve the First Amendment to Interlocal Agreement with the Port of Bremerton and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL MEMBER REPORTS Rov Runvon will be attending the Joint Legislative Task Force for Economic Resilience of Maritime and Manufacturing in Washington State Public Hearing tomorrow at 11:30 AM at the Port of Bremerton Offices; announced the Yacht Rendezvous that will run from September 18 through 20; and reported on a tour of vessels at the Bremerton Marina as part of a Kitsap Historical Society & Museum program. Dino Davis welcomed new business Susanna's Antiques now open at 310 Callow Avenue. Jerrv McDonald announced that there will be a "Wacky World of Bugs" Puppet Workshop for children ages 4 through 10 on Saturday, September 19 from 11:00 AM to 12:00 PM at the Valentinetti Puppet Museum located on 4th Street. Leslie Dauas invited the community to attend the Habitat for Humanity of Kitsap County's Annual Dinner and Silent Auction on Saturday, September 19 which begins at 5:30 PM followed by dinner at 7:00 PM at the Kitsap Conference Center; hoped people (especially swimmers and boaters) would volunteer in the Sinclair Inlet Clean-Up on Saturday, September 26 from 11:00 AM to 2:00 PM; and reminded people to be careful and drive safely around school zones. Grea Wheeler announced that volunteers are needed for the next Kiwanis Park Work Party on Saturday, September 26 from 9:00 to 11:00 AM; and reported on his attendance at Manette Fest that was held last weekend, commenting that volunteers did a great job. With no further business, President Wheeler adjourned the Council Meeting at 6:50 PM. Prep r d and Submitted by: CHRISTIN GRENIER Attest: Council Assistant 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 September 23, 2015 COUNCIL MEETING Date: October 7, 2015 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Study Session on September 23, 2015. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: � No Presentation ❑ Full Presentation STUDY SESSION ACTION: Ox 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 STUDY SESSION MINUTES Wednesday, September 23, 2015 A Study Session of the City Council of the City of Bremerton was called to order in the Council COCIf@C@f1Ce ROOfYI Of th2 NORM DICKS GOVERNMENT CENTER, 345 6`h Street, Bremerton, Washington, on Wednesday, September 23, 2015, at 5:00 PM, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Pat Sullivan. Lori Smith, Legislative Assistant, was present to provide staff support. President Wheeler emphasized that the Study Session is open to the public; that Public Comment will be allowed and action will be taken by the Council for Items 1 through 4 only; for the remaining Items, there will be no opportunities for input or participation from the public, no Council action is anticipated, and the content is subject to change. If approved by the Council, these Items will be placed on the October 7, 2015 Council Meeting Agenda. A. ACTION ITEMS 1. Confirm Reappointment of Shavna McKinnon to the Parks & Recreation Commission: � Shayna McKinnon was appointed to the Parks & Recreation Commission on April 1, 2015 to fill an unexpired term. It is recommended she be reappointed to another term. There were no comments from the public... 05:02 M/S/CU (Davis/Runyon) Move to confirm the reappointment of Shayna McKinnon on the Bremerton Parks & Recreation Commission. 2. Confirm Appointment of Beniamin Burnette to the Parks & Recreation Commission: There is a vacancy effective September 29, 2015 on the Parks & Recreation Commission due to a term expiration. It is recommended the vacancy be filled by Benjamin Burnette. Comments were provided by Beniamin Burnette and Charlene Burnefte... 05:04 M/S/CU (Daugs/Davis) Move to confirm the appointment of Benjamin Burnette on the Bremerton Parks & Recreation Commission. 3. Confirm Appointment of Christopher Lee to the Desian Review Board: There is a vacancy on the Design Review Board for Position 1 due to a resignation. It is recommended that Christopher Lee, a local architectural designer with Rice Fergus Miller, be appointed to fill the vacancy and complete the term which expires December 13, 2015; and be appointed to fulfill a 4-year term that will begin January 1, 2016 and expire in December 31, 2019. There were no comments from the public... 05:05 M/S/CU (Runyon/Davis) Move to confirm the appointment of Christopher Lee on the Bremerton Parks & Recreation Board. 4. Interaqencv Aqreement with the Washinqton State Department of Natural Resources (DNR) to Host the Puqet SoundCorps Work Crew from October 1, 2015 to September 30, 2016: Milenka Hawkins-Bates, Public Works & Utilities, explained that the purpose of this Agreement is to provide a Puget SoundCorps (SoundCorps) crew for urban forestry maintenance and restoration tasks in the City. SoundCorps is part of the broader Washington Conservation Corps/AmeriCorps program administered by the Washington State Department of Ecology; and work on projects that help restore and protect water quality in Puget Sound. Their home base will be hosted by the City of Bremerton from October 1, 2015 to September 30, 2016. The City will receive October and one additional month of crew time in exchange for acting as the crew's base of operations. Public Works has secured a location for them to store their equipment and will provide internet access for them to do their reporting. City Council Study Session Minutes Wednesday, September 23, 2015 Page 2 of 2 There were no comments from fhe public... 05:06 Motion was made by Daugs and seconded by McDonald... Questions were asked by Daugs and Runyon, with responses provided by Ms. Hawkins-Bates... 05:10 M/S/CU (Daugs/McDonald) Move to approve the Interagency Agreement with DNR to Host the Puget SoundCorps Work Crew from October 1, 2015 to September 30, 2016; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. B. INFORMATION BRIEFING 5. Briefing on an Application for U.S. Environmental Protection Agency (EPA) Brownfields Grants Information only... C. NO PRESENTATION PLANNED — The following items are budgeted items or subjects that have been raised wifh the appropriate Council Committee Members... 6. Contract Award for the Flow Control & Seismic Valve Project to Pape & Sons Construction, Inc. General Business 7. Proposed Public Hearing to pass an Ordinance vacating a portion of the Right-of-Way of 17tn Street between Lafayette Avenue & Corbet Drive Public Hearing 8. Professional Services Agreement with McClure Consulting, LLC General Business President Wheeler called a 1-hour recess at 6:00 PM to allow a Council Group photo session at Blueberry Park... The meeting was reconvened at 7:00 PM... 9. Renewal of $150,000 Annual Funding Commitment to the Admiral Theatre Foundation General Business D. GENERAL COUNCIL BUSINESS 10. Other General Council Business was briefty discussed. With no further business, President Wheeler adjourned the Council Study Session at 7:35 PM. Prepared 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: Public Hearing to pass Study Session Date: September 23, 2015 Ordinance No. 5285 vacating a portion of COUNCIL MEETING Date: October 7, 2015 17th Street befinreen Lafayette Avenue and Department: PW&U Corbet Drive Presenter: Tom Knuckey Phone: (360)473-2376 SUMMARY: The property owner of Parcel No. 3759-000-013-0002 has petitioned the city to have the south 10-feet of 17th street adjacent to his parcel vacated. The proposed vacation will allow the property owner to construct a house on his property in-line with his adjacent neighbors. No street improvements have been proposed in the area proposed for vacation; however, sufficient right of way would remain following the vacation for a standard residential street. ATTACHMENTS: 1) Engineering Staff Report 2) Ordinance No. 5285 with Exhibits A & B FISCAL IMPACTS (Include Budgeted Amount): None. ROW is Class III (City has ROW Easement, and ROW is not improved.) STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑x Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5285 to vacate a portion of 17th Street between Lafayette Avenue and Corbet Drive. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 �I STREET VACATION FOR A PORTION OF 17th STREET WEST OF LAFAYETTE AVENUE ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: October 7, 2015 PREPARED BY: JK SUMMARY A. Applicant: Micah Zech 531 E. Eckert Road Grapeview, WA 98546 Location: 3011 17th Street west of Lafayette Avenue BACKGROUND The adjacent property owner has petitioned the City to have the south 10 feet of the street vacated. The paved roadway is 20 feet wide and is not anticipated in the future to be widened. The right of way was dedicated by the Plat of C JACK JONES Addition in 1941. As the right of way is unimproved, it is Class 3. RIGHT-OF-WAY CONDITIONS EXISTING ROADWAY NEW ROADWAY • Functional Classification Street N/A • R-O-W Width 60 feet N/A • R-O-W Areas N/A N/A • Pavement Width 20 feet N/A • Surface Type Asphalt N/A • Curb and Gutter No N/A • Sidewalks No N/A HEARING CONSIDERATIONS BMC 11,20.120 sets forth issues that the City Council needs to determine at the conclusion of the Vacation Hearing. These issues and the staff position are: 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position: This portion of the right of way is not currently being utilized for the roadway, nor is it anticipated to be needed. July 13�h 2015 Portion of 17th Street Vacation Page 1 of 3 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position: The proposed vacation does not conflict with the Comprehensive Plan. 3. Whether continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. Staff Position: Vacating this portion of right of way will reduce the City's maintenance responsibility in this area. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: No other thoroughfare would improve circulation in this area. 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: There is no anticipated future public transportation needs. 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: There are no known objections to the proposed vacation at the time of this report. SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES All private utility companies have been contacted. No easements are required for the public or private utilities. SUFFICIENCY OF SIGNATURES The applicant is the sole abutting property owner to proposed vacation area on a front footage basis. COMPENSATION No compensation is owing as Class III right of way. July 13'h 2015 Portion of 17th Street Vacation Page 2 of 3 STAFF RECOMMENDATION City Attorney, Police, Fire, Engineering and Community Development staff notes no objections to the proposal. Staff recommends that this Street Vacation be approved as requested. � ---------..------— �-., , .. . ,u,� .,,, �' .x �- -:• � _-.- ' - " ; ` '�` ,,',,: .. " = .-�: � ;,� � 4 . _ •.�r •, -.-�� ,,�� • ��. -4 �� ,.. �- . • " .J _ .;.. .��, 1� .'�,' � •.j�1(':'. , � -. _-.. �;!�'1 � '�\ �,ll�' • • 13-.' ��'a, • ' Ay �.3 .y.t" � ♦ �i. 7.� 1 ' ��}/� r t ''r " •� �N�;w�IIlI y ' I �rJ ./•A •��' „ • ' - • : •.. - +� � ';� ; • •1' '�� ' � `�' • •i�� ^ • ' •yr '-_ .r. ' - .'i.. '�F:"- . r;:� �. �'. '.r.� . `` s.� _ ' . �,r�. . . � � 1.,Y .y , . ;�'l:''•' !+,�:'� '�� . • , ! < < � . � r�' � ' ' .«}��. •� ��,, ..il� ► •`��'," � .. ��;��;L'144��}i.�w�',f ^i � ' ' .` . . . �'��R�Y%�� ..��'�L��. '�.—'<J•=—'/.. 1S �ti,. J . .. ..� ' — �� ir .. _J.r� '_ '_ Looking westerly from Lafayette Avenue. South side of^17th Street. July 13`h 2015 Portion of 17th Street Vacation Page 3 of 3 ORDINANCE NO. 5285 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of a portion of the right of way of 17`" Street between Lafayette Avenue and Corbet Drive. WHEREAS, the adjacent property owner has initiated the vacation in accordance with Bremerton Municipal Code (BMC) 11.20.070; and WHEREAS, the City passed Resolution No. 3251 setting a hearing date to consider the vacation of a portion of the right of way of 17`h Street between Lafayette Avenue and Corbet Drive, to take public comment or consider written objections to the vacation; and WHEREAS, fewer than fifty percent of the property owners abutting said right- of-way filed written objections to this action prior to the time set for public hearing herein; and WHEREAS, a public hearing was held with proper notice on October 7, 2015, in the City Council Chambers of the Bremerton City Hall to take public comment or consider written objections to the vacation; and WHEREAS, the City Council has determined that it is in the best interest of the public to proceed with the vacation; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are incorporated as if fully set forth herein. SECTION 2. Vacation of Right-o�ay. A portion of 17th Street legally described in Exhibit A and as shown on the site plan set forth in Exhibit B, which exhibits are attached and incorporated herein by this reference, is hereby vacated to the abutting property owners subject to the reservation of easements, if any, as applicable. SECTION 3. Vested Rights. No vested rights shall be affected by the provisions of this ordinance. 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. l fh Street Vacation SECTION S. Effective Dcrte. 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 CORIN, City Clerk PUBLISHED the day of , 2015. EFFECTIVE the day of , 2015 ORDINANCE NO. 17`h Street Vacation EXHIBIT "A" SECTION 15,TOWNSHIP 24, RANGE 1E,W.M., in KITSAP COUN7Y,WA THE SOUTH 10 FEET OF 17TH STREET A DEDICATED PUBLIC STREET IN THE PLAT OF C JACK JONES ADDIT(ON, KtTSAP COUNTY, WA ABUTTING PARCEL NUMBER: 3759-000-013-0002 JONES, C JACK, ADDN LOT 13, C JACK JONES ADDN, AS RECORDED IN VOLUME 6 OF PLATS, PAGE 50, RECORDS OF KITSAP COUNTY, WASHINGTON. � i , ; �� ,y . _ ---.--- _.._.__-t: : �..rt��t"� . ��- , , j ; ' �''r : �':• � 1�4 � •��;,,-Y.. . ' .. m�.. � .��, i 4�,� � R �,` ..; j}... ,'�:. ,.:� �'�� Y. 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'' � . ��' ' i LAFAYETTE AVEfV�J� � •^+"f L -.�^-w�.�,� i � �� r" ��•�� '� .i ,�*,, l�' t ��, r �-i, ...... . _-..��•—,--� �A� i ►�,+'t.i. � ��! ... �^ �`'� � " ' S.t 1 � , —[�C:� a� r;< � �y�. � � `{� � . 1 t• ,, r'f= �4 -vt , ti. . I .�.,—�_..._.._ 1 � �' �, �� ..�, �i � * �..;...�• [��i��f�` I l�/ . � �'-°�.i % 1, f �'. � � . , r.�.�,; �.� � AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Award the Contract for the Flow Study Session Date: September 23, 2015 Control and Seismic Valve Project to Pape & COUNCIL MEETING Date: October 7, 2015 Sons Construction, Inc. Department: Engineering Presenter: Ned Lever Phone: (360)473-2398 SUMMARY: The work completed under this contract includes the installation of precast concrete vaults, isolation and flow control/seismic valves and RTU equipment enclosures. Work under this contract will occur at three separate sites in West Bremerton; the Warren Avenue Bridge; Snyder Ave near the 25�h Street intersection; and at the Manette Bridge. There were seven bids submitted. NOVA Contracting Inc. was the apparent low bidder; however, their bid has been rejected as a result of numerous omissions in their bid documents. Pape & Sons Construction, Inc. is the lowest responsible, responsive bidder, in the amount of$898,949.00 (which includes sales tax). . ATTACHMENTS: 1) Council Summary 2) Contract 3) Bid Tabulation 4) Letter& Public Works Department Response FISCAL IMPACTS (Include Budgeted Amount): The project is included in the 2015 budget and is funded by DWSRF Loan of$1,000,000 previously approved for this project. STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑x General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the bid for the Flow Control and Seismic Valve Project from Pape & Sons Construction, Inc. in the amount of$898,949.00 (which includes sales tax) and authorize Mayor to finalize and execute the contract with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 COUNCIL SUMMARY AWARD OF THE FLOW CONTROL AND SEISMIC VALVE PROJECT Summarv The project includes the installation of three globe style control valve assemblies on � three individual transmission mains that cross the Port Washington Narrows between West Bremerton and East Bremerton. The valves will allow control of the flow into East Bremerton and result in improved turnover in the East Bremerton storage reservoirs. They will also serve as automated isolation valves in the event of a main break or seismic event. Also included is demolition of existing DI piping, excavation; installation of precast concrete vaults, isolation and flow control/seismic valves and RTU equipment enclosure; electrical component; traffic control; and other items as indicated in the contract documents. The work on this project is located at three separate sites: 1.) Immediately south of Warren Avenue Bridge; 2.) near Snyder/25`h Street intersection; and 3.)Washington Avenue/Manette Bridge intersection, all located in the City of Bremerton. Fiscal Summarv This project was advertised for bids in 2014, however, the bids were considered too high to award the contract. In response, the project scope has been modified to reduce costs and the DWSRF loan was obtained to ensure that adequate funding is available. The engineer's estimate for this project is $800,000 and is funded by the previously approved DWSRF Loan. Any costs that exceed this loan amount will be funded by the Water Utility. Bids were opened on September 10, 2015 at 1:OOpm. There were seven bids submitted and Pape & Sons Construction, Inc. was the lowest responsive bidder in the amount of $898,949.00 (which includes sales tax). ,�o, I fi._._-.. -- � � . � ,� , �o i � � 7 � , , 1�s ; � .� �� .� \r- i '. � � .�p. i , I � :t q • � ( �� ;\ _ f� „`� .% AGREEMENT SECTION 005213 THIS AGREEMENT is dated the day of in the year 2015 by and between City of Bremerton (hereinafter called OWNER)and Pape&Sons Construction, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the OWNER's Contract Documents entitled Flow Control 8 Seismic Valve Project. All or part of the Work will be funded by monies provided by the Drinking Water State Revolving Fund (DWSRF). By submitting a bid proposal in response to this solicitation the Bidder is agreeing to comply with all requirements stated as conditions of funding and reporting under the DWSRF. The Bidder is responsible for understanding and complying with these requirements. The detailed requirements are provided as Exhibit A-1 to Section 002113 for the Bidders use. ARTICLE 2. CONTRACT TIMES. Substantial Completion for the WORK must be achieved not later than 160 calendar davs from the date of Notice to Proceed. Final Completion and Acceptance of the Work must be achieved not later than 30 calendar days after Substantial Completion. ARTICLE 3. LIQUIDATED DAMAGES. OWNER and the CONTRACTOR recognize that time is of the essence of this Agreement and that the OWNER will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions and Supplementary Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the OWNER if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the OWNER and the CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) the CONTRACTOR shall pay the OWNER $1000 for each day that expires after the time specified in Article2. ARTICLE 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in current funds the amount set forth in the Bid Schedule(s). (Contractor Initials) AGREEMENT FLOW CONTROL&SEISMIC VALVE PROJECT 00 52 13-1 AUGUST 2015 ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the WORK consist of this Agreement (Section 00 52 13) and the following attachments to this Agreement: • Notice Inviting Bids(Section 00 01 16). • Instructions to Bidders(Section 00 21 13). • Bid Forms including the Bid, Bid Schedule(s), Information Required of Bidder, Bid Bond, and all required certificates and affidavits (Section 00 41 00). • PerFormance Bond (Section 00 61 13). • Payment Bond (Section 00 61 16). � General Conditions (Section 00 72 13). • Supplementary Conditions (Section 00 73 13). • Technical Specifications as listed in the Table of Contents, including appendices. • Drawings as listed in the List of Drawings. • Addenda numbers to , inclusive. • Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. There are no Contract Documents other than those listed in this Article 6. The Contract Documents may ' only be amended by Change Order as provided in Paragraph 3.04 of the General Conditions. ARTICLE 7. WAIVER OF IMMUNITY. The CONTRACTOR and OWNER acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. The CONTRACTOR and OWNER acknowledge and agree to the requirements for indemnification in Section 00 73 13 SC-6.20. The provisions of this article shall survive the termination or expiration of this agreement. (Contractor Initials) AGREEMENT FLOW CONTROL&SEISMIC VALVE PROJECT 00 52 13-2 AUGUST 2015 ARTICLE 8. SUSPENSION OF WORK AND TERMINATION The Contractor agrees to the right of the OWNER to suspend work or terminate this agreement as indicated in Article 15 of Section 00 72 13 (Standard General Conditions) and Section 00 73 13 (Supplementary Conditions). ARTICLE 9. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The OWNER, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes. In the case of an assignment for security purposes the OWNER may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, OWNER and CONTRACTOR have caused this Agreement to be executed the day and year first above written. OWNER : Citv of Bremerton CONTRACTOR By By [CORPORATE SEAL] Attest Attest Address for giving notices Address for giving notices License No. Approved as to Form: Agent for service of process: (Signature) (Title) AGREEMENT FLOW CONTROL&SEISMIC VALVE PROJECT 00 52 13-3 AUGUST 2015 CITY OF BREMERTON BID TABULATION BID- Flow Control � Seismic Valve Project OPENED Ned Lever TITLE:= BY: DATE` 9l10/15 nME RECORDED OPENED: OPENED: 1:00 p.m. BY: Shannon Corin � f : NAME OF BIDDER BOND BASE BID SALES TAX TOTAL � �n s /nc . � / �6s,l�zJv.� /� ��S:l.� ! ��h. �S� �J� � � c�� L L C_ �s �'"r�'7 C��cv 7(0 �l3.Gv ys'��3.� �s f� �1� � . �S �SS Ov.Gll 7� 3. .� ��3.� �� t�,��, �.r S z7 vvv. v� �/ 9�,� 89�'9�.av ir/�fi�- �i'os. �s� �S �v ��, � R' 1�t.7s vv�� fiaC�� nC . L� 78� �JG�,vv �� 3 _� � �3 .c� G- Q'�l� C'a►�Sf�� }�,-, .� . �=s 87� �dr� r�v 7S a7so �Y�� ' � SUAAIAARY ENGINEER ESTIMATE (INC SALES TAX) $ �Ov V�, � APPARENT LOW BIDDER �(/��a, �� $ g� � •� i � SECOND LOW BIDDER ,� ,��. �S $ �S 9 g g� C11� . THIRD LOW BIDDER �� S�• g 4�,� �3 � 7 From: Lori Smith on behalf of City Council Sent: Tuesday, September 15, 2015 2:35 PM To: 'novacontractinginc@gmail.com' Cc: City Council Subject: FW: Letter from Bidder- Flow Control &Seismic Valve Project Bid Award (NOVA Contracting, Inc.) Attachments: Council Letter.doc Attn: Mr.Jordan Opdahl NOVA Contracting, Inc. Mr.Opdahl, Thank you for your e-mail with attached letter, which I have provided to the Council Members for their review and consideration.A copy was also shared with Ned Lever,the Lead Engineer for this project; and a printed copy will be included as a part of the record. As we discussed over the phone,this item is scheduled for a presentation to the City Council at their next Study Session on Wednesday,September 23;with action proposed for Wednesday, October 7. You may view the Agenda with the full Council Packet(including this item) beginning on Friday on the City's website at: www.BremertonWA.�ov/CouncilA�enda. Lori Smith Legislative Assistant Bremerton City Council (360)473-5280 � From: Jordan Opdahl [mailto:novacontractingincCa�gmail.com] Sent: Monday, September 14, 2015 4:38 PM To: City Council Subject: Flow Control &Seismic Valve Project - Bid Award Honorable Council Members, Please find attached a letter concerning potential major savings involving a public works project that recently bid. If you have any questions concerning the letter please call me at the number listed below. I would like to address and answer any questions you may have concerning this bid award for this City of Bremerton project. Please let me know when this bid award will be voted on by the City Council. Thank you. Jordan Opdahl NOVA Contracting, Inc. Office: (360) 754-2600 Fax: (360) 357-3964 i CONTRACTING , INC . 10615 Delphi Road SW,Olympia,WA 98512 Phone:360.754.2600 Fax:360.357.3964 September 14, 2015 Members of City Council City of Bremerton 345 6th Street, Suite 600 Bremerton, WA. 98337 Attn: Leslie Daugs, Patricia Sullivan, Roy Runyon, Jerry McDonald, Greg Wheeler, Eric Young and Dino Davis Subj: Flow Control & Seismic Valve Project Bid Award to Lowest Bidder Dear Honorable Council Members: NOVA Contracting, Inc. responded to the City's invitation for bids and submitted the lowest bid for the above project. Unfortunately, there were a couple of minor technical flaws with NOVA's bid. First, we neglected to name our subcontractors on the form provided. As it happens, there was only one major subcontractor bid received - for electrical work and it was received less than 30 minutes before the bid, which had to be turned in 75 minutes away from NOVA's office. So our bid runner filled in the final numbers as instructed but in the rush of the moment we neglected to name the � subcontractor. Was this significant? We think not, as we only received one electrical sub-quote so we assumed that all the bidding contractors used the same quote. The other technical flaw was that we did not include four federal forms that were buried in the specifications. NOVA relied on the attached "Bidder's Checklist" which does not list any of the federal forms as being required with bid submission. In fact, one of the forms NOVA did submit was item j. Certification of Non-Segregated Facilities; which is a duplication of one of the federal forms in question. Looking at the other forms, one was a DBE Subcontractor Utilization Form. NOVA did not receive any DBE Subcontractor Quotes, so this form would essentially have been blank. Another was a DBE Subcontractor Performance Form for all DBE Subcontractors. Since NOVA received no DBE subquotes, this also would have been a blank form. The last form was a request for a complete Bidders List of all subcontractors. This is merely a duplication of the City form mentioned above, since NOVA only received one major subquote, on electrical work. These technical flaws have led the Project Engineers and the Legal Staff to recommend awarding to the second bidder, Pape & Sons. NOVA cannot fault the Staff for this recommendation as they are merely doing their jobs and attempting to avoid any controversy or potential protest by the second bidder, who, we understand; has already had several legal scuffles with your City of Bremerton on previous projects. But, wait! YOUR jobs as City Council Members is to represent the best interests of your constituents, the Citizens of Bremerton who elected you to serve and represent their interests in City Government. We ask you to consider: is the lack of a few blank forms worth spending over $49,000.00 of the taxpayers' money to award to the second bidder? Considering that this would place the project more than 10% over the Engineer's estimate and cause potential budget problems it seems a poor decision. Over the years in public works construction, one thing NOVA has learned well. That is that a city government has the greatest legal latitude to waive irregularities in public bids of any government body. We would certainly suggest that the irregularities in NOVA's bid are not material and should not affect a decision to award to NOVA. In our conversations with the awarding agency representatives, they assured us that had they had the forms there would have been no question of NOVA's eligibility for project award. We ask you to do the same - award to NOVA and save your constituents $49,000. Thank you for your kind consideration. In the past couple of years, NOVA Contracting has worked on a couple of major projects in Bremerton, one of which was a 12 inch water main replacement on Austin Drive. NOVA completed the projects in a timely fashion with no claims or legal actions of any sort. We look forward to repeating that performance on this project. Very Truly Yours; NOVA Contracting, Inc. Jordan Opdahl, President From: Lori Smith on behalf of City Council Sent: Thursday, September 17, 2015 325 PM To: City Council Subject: FW: Response to Letter from Bidder- Flow Control &Seismic Valve Project Bid Award (NOVA Contracting, Inc.) Attachments: Bid - Nova Contracting,Inc..pdf; 1509-01, NL, Nova Contracting,Jordan Opdahl, Flow Control . and Seismic Valve Bid rejection.pdf Attn: Council Members(FYI) From: Ned Lever Sent: Thursday, September 17, 2015 2:16 PM To: Ciry Council Cc: Chal Martin; Thomas Knuckey; Milenka Hawkins-Bates; Amanda Harvey; Shannon Corin; Linda Fulton Subject: RE: Letter from Bidder- Flow Control &Seismic Valve Project Bid Award (NOVA Contracting, Inc.) Lori, I just wanted to follow up on our review process related to NOVA's bid. Please feel free to forward this to the Council members if you think it is appropriate. I became aware of the missing subcontractor sheet at the bid opening, as did the second low bidder. When I returned to the office I immediately called and requested the missing subcontractor information which was provided. I hoped that we could evaluate the bid and determine that the missing info was provided in a timely manner, not material, and thus still award to NOVA. Upon further review of the bid i found that there was additional information required in the bid forms that was not provided. I have attached Nova's bid as reference. On sheet 17 of the PDF there is an "Information Required of Bidder" sheet. Page 2 of that form requires that the contractor provide a reference project, a list of major equipment,the number of years in business under the current name, and the amount of contracts currently in hand. As noted by NOVA,there were also MBE/WBE bid forms included in the DWSRF Loan insert which were required but not provided with the bid. I consulted with our Assistant City Attorney,Amanda, and we discussed the deficiencies in the bid at length. She also consulted with the MRSC and spoke with Roger about the issue. Ultimately we agreed that there was just too much missing information which rendered the bid non-responsive so we rejected the bid. I have also attached a letter which was sent to NOVA that rejects their bid. As a final note I should mention that the second low bidder, Pape and Sons, had emailed me inquiring about the status of the award and asking if they should file a formal protest. If this contract is awarded to NOVA, I fully expect that a formal bid protest will be submitted by Pape and Sons. I will be attending the Study Session next week and will be happy to answer any questions. Thanks. Ned Lever, P.E. Managing Engineer City of Bremerton (360)473-2398 ned.lever@ci.bremerton.wa.us 1 i1.,.S"�F�'�-+�_� �.;�`:� �-=�;—�:�:.�____—�� i .:� i_. 'o'°""_�:I i p��' �.. `�'./-'4 �i��f_.+��„�:�:�" ��';r r' �„��`�i�+ ,� i � I r,.��'�r�, k'�L. . . ,r��.��r �� '�I' ' j,�,'�i' �' !. ili� ��r'�� —'d+�rZ.'��:r-r _r��ii s ,,;�r��Y ��.., ' 1� 'y � �--� ,�.%.-r-._`.� :wi'`.-,. ;.;- � ....--�.�f•;•,'/ ��(�•� I� �� .:,i�' ..��.4� �.i.� ��.�..'.'�' !i ��. �+,,�,�� '-,,. :ti•�� '- �j . „ae;..��..'..�.Y.,� f s 'A I ,. ��:�r�..�`�'�._•"^--",��.�� ,� � �. --�----- ---- ..- ---.._._.----- �' . -.. ,i .__._�_ .___.__._ __.._.__._....,.. ...._._. . . . . .. . i �----- . _._.�v��::-:�.:�:.:�.:__:.�_-__-:___�-�.�.:_�.:-w—�.:.__._.. , P116L/C WORKS & UT/L/T/ES Enginee�ing Division September 11, 2015 Nova Contracting, Inc. Jordan Opdahl, President 10615 Delphi Road SW Olympia WA 98512 RE: Flow Control and Seismic Valve Bid Dear Mr. Opdahl: We regret to inform you that your bid for the above project has been deemed materially non- responsive in the following areas: 1. Subcontractor's List is not completed. 2. Information required of bidder states that bids are to include at least one project of similar type, complexity and comparable value to that of this project as well as an equipment list. This information is not part of the submitted bid packet received by the City of Bremerton. 3. Certification by Proposed Contractor Regarding Equal Employment Attachments 5, 6 & 7 needed to be filled out and included with the submitted bid packet. For these reasons the City must reject your bid. If you have any questions, please feel free to contact me at 360-473-2398. Sincerely, Ned Lever, PE 1509-01 Public Works&Utilities I 3027 Olympus Urive,Bremerton,WA 98312*Phone (360)473-5270*Fax (360)473-5398 Working for and with our citizens to establish Bremerton as Puget Sound's most beautijul and livable waterJront city. BID FORMS SECTION 004100 ACKNOWL�DGEMEPIT OF BID AND ADDENDA . BID TO: CITY OF BREMERTON (WASHINGTON) PUBLIC WORKS AND UTILITIES ENGINEERING pIVISION 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to ente� into an Agreement with the OWNER in the form included in the Contract Documents to perfomn the WORK as specified or indicated in said Contract Documents entitied"Flow Control 8 Seismic Vafve Project." 2. Bidder accepts all of the terms and conditions of the Contract Doc�ments, including without limitation those in the Notice Inviting Bids and Instruction to Bidders, dealing with the disposition of Bid Security. 3. This Bid will remain open for the period stated in the "Notice Inviting Bids" unless othervvise required by law. Bidder will enter into an Agreement within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders,° and will fumish the insurance certificates, Payment Bond, and Performance Bond required by the ' Contract Documents. 4. Bidder has examined copies of all the Contract Documents including the following addenda(receipt of all of which is hereby acknowledged): Number � Date // �'f 1 � --r Failure to acknowledge addenda shall render the bid non-responsive and shall be cause for its rejection. 5. Bidder has familiarized itself with the nature and extent ot the Contract Documents, WORK,site, locality where the WORK is to be performed,the legal requirements(federal, state and local laws,ordirtances, rules,and regulations),and the conditions affecting cost, progress or perFormance of the WORK and has made such independent investigations as Bidder deems necessary. To all the foregoing, and including all Bid Forms contained in this Bid, said Bidder further agrees to complete the WORK required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefore the Contract Price based on the Total Bid Price(s)named in the aforementioned Bid Form�OVA Contracting,Inc. q 10615 Delphi Rd.SW Dated: 1 � 15 Bidder: � _ __ By: - T;t,e: Rt�(N AHL•President FLOW CONTROL 8 SEISMIC VALVE PROJECT BID FORMS AUGUST 2015 00 41 00-1 BID CERTIFICATE (if Coruorationl STATE OF W�S�� b h � � ) SS: COUNTYO��^ ) f �'� I HEREBY CERTIFY that a meeting of the Board of Directors of the NOVA Contracting,Ina Olympia,WA 98512 a co ration existing under the laws of the State of W�S rl.t^ �h ,held on �1.� . 3 .2015,the following resolution wa d ly passed and adopted: �� ES wEo,�,at ,lOR�AN OPDAHL-President ,as � Presid nf of the Corporation, be and is hereby authorized to execute t Bid dated � O 2015, to the City of Bremerton by this corporation and that his ex ution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed,shall be the official act and deed of this Corporation." I further certify that said resolution is now in full force and effect. iN WITNESS Vy�iEREOF, I h hereunto set my hand and affixed the official seal of the corporation this �`i^ ,day of �e�• 2015. - � — .r---�- Secretary ,,��;��c�.��,�a; `f�'�(�E�AL)., � ��-� q�.� � � � r�� ,i I�.k`��'�� n�. �� ... ;��:, ' �x '�,�-�...�.�--� `� �� FLOW CONTROL�SEISMIC VALVE PROJECT BID FORMS AUGUST 2015 00 41 00-2 BID CERTIFICAYE (if Partnershiul STATE OF ) ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Partners of the ' a partnership existing under the laws of the State of ,held on , 2015,the following resolution was duly passed and adopted: "RESOLVED,that ,as of the Partnership, be and is hereby authorized to execute the Bid dated , 2015, to the City of Bremerton by this partnership and that his/her execution thereof,attested by the shall be the ofFcial act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this ,day of 2015. Partner (SEAL) FLOW CONTROL&SEISMIC VALVE PROJECT BID FORMS AUGUST 2015 00 41 00-3 BID CERTIFICATE (if Joint Verrturel STATE OF ) ) SS: COUNTY OF � ) I HEREBY CERTIFY that a meeting of the Principals of the a joint venture existing under the laws of the State of ,held on ,2015,the following resolution was duly passed and adopted: "RESOLVED,that ,as of the Joint Venture, be and is hereby authorized to execute the Bid dated , 2015,to the City of Bremerton by this joint venture and that his/her execution thereof, attested by the shall be the official act and deed of this Joint Venture." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this ,day of , 2015. Managing Partner (SEAL) FLOW CONTROL 8 SEISMIC VALVE PROJECT BID FORMS AUGUST 2015 00 41 OO�d BID CERTIFICATE (if Limited Liabilitv Comnanvl STATE OF ) ) SS: COUNTY OF ) t HEREBY CERTIFY that a meeting of the Members of the a limited liability company existing under the laws of the State of ,held on ,2015,the following resolution was duly passed and adopted: . "RESOLVED,that and as members of the Limited Liability Company, be and are hereby authorized to execute the Agreement dated . 2015, to the City of Bremerton by this limited liability company and that their execution thereof shall be the official act and deed of this Limited Liability Company." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this ,day ot , 2015. A Limited Liability Company By: Member By: c� � Mei.iber (SEAL) FLOW CONTROL&SEISMIC VALVE PROJECT BID FORMS AUGUST 2015 00 41 00-5 BID SCHEDULE Following is the Bid Schedule for construction of the Flow Control 8�Seismic Valve Project in accordance with the ConVact Documents. The Bid Schedule must be completed by the Bidder by filling in each blank. The cost item shall be in dollars and cents, using numerals only. Faifure to do so will render the bid non-responsive and will cause its rejection. NOTE ON SALES TAX: Washington State Department of Revenue Rule 1�0 applies to this project. Bids will be evaluated on the basis of the TOTAL BID PRICE. BID UNIT AMOUNT (IN ITEM ITEM DESCRIPTION UNIT APPROX. PRICE DOLLARS 8� � QTY. DOLLAR CENTS) CENTS 1 AAOBILIZATION/DEMOBILIZATION: LS JOB - $-�p p� � Provide mobilization/demobilization. ' y FORCE ACCOUNT: Provide force FA � $50,000 550,000 account. 3 TRENCH EXCAVATION SAFETY LS JOB - SYSFE�IS: Provide trench excavation safety systems to meet $ the requirements of Chap 49.17 RCW. 4 TRAFFIC CONTROL PLAN AND LS JOB - LABOR: Labor,materials and equipment to�prepare traffic control $ o�. plans and compensation for personnel labor associated with traffic conVot work. 5 WARREN AVE.FLOW LS JOB - � CONTROUSEISMIC VALVE: Materials, equipment, labor and o $ services for installation of flow controUseismic valve,vault, enclosure and appu�tenances. s SNYDER AVE.FLOW LS �OB - CONTROLISEISIIAIC VALVE: Materials,equipment, labor and $'L''� . services for installation of flow control/seismic valve,vault, enclosure and appuRenances. FLOW CONTROL&SEISMIC VALVE PROJECT BID FORMS AUGUST 2015 00 41 00-8 7 . MANETTE BRIDGE FLOW L$ JOB - CONTROUSEISMIC VALVE: Materials,equipment,labor and services for demolition of existing $'Z,Z � � Cla-Val valve/flow meters and vaults,and installation of flow , control/seismic valve,vault, enclosure and appurtenances. $ BASE BID TOTAL $1�Z-�QO�•� -r 9 ESTIMATED SALES TAX(8.7�0 of Bid Item 8} $ � � �� TOTAL BID PRICE (Sum of Bid(tems 8 and 9) $ �S� �3y. FIOW CONTROL&SEISMIC VALVE PROJECT BID FORMS AUGUST 2015 00 41 00-7 i BID BOND � KNOW ALL MEN 9Y THESE PRESENTS, That NOVA Contractina Inc. _ as Principal,and Employers Mutual Casualtv Comparn as Surety�ere held and flrmly bound unto Gty of Bremertar►hereinafter called"OWNER,"in the sum of Five Percent(5°�)of Bid Amount dollers, �� (not leas than 5 percent oi the totel amount of the Bid) for the payment of whlch sum, well and truly to be made, we bind ourselves, our helrs, executors, administrators.successors,and assigna,joindy and severally,flrmly by these presents. WHEREAS,said Principal has submitted a Bid to said OWNER to perform the WORK requlrad under 1he bidding schedule(s) of the OWNER's Contract Documents entltled Flow Control 8 Selsmlc Valve Project. Ii the Principal is awarded the Bid and, within 10 calendar days after recelpt of the Contract Document forms irom the OWNER, fails to provlde the OWNER with the duly executed Agreemerr� the duly executed Certiflcates of lnaurance,the duly executed Performance Bond end the duly executed PaymeM Bond, all es spectfled In the Contrad Documents, then the Surety shell, without conditlon and wNhln 5 calender days irom wrflten demand from the OWNER, pay to the OWNER in U.S. funds, by certlfled or cashiers check,the iul!amount of thls Bld Bond. This Bond shall be irrevocable for 90 days after the bid openUg,as deflned in the CoMract Dxuments. The Surety sdpulates and agrees that the obligetlon of satd Surety shall in no way be impaired or affeded by an extenslon of the tlme within which the OWPIER mey eccept such bld and Surety further waives notice of any such extension. In the event suft is brought upon this bond by said OWNER and OWNER prevalls, said Principal and Surety shall pay aA oosts Incuned by sefd OWNER in such suit, including reasonable attomey�.fess, d costs to be flxed by the court. .�'w.;,,-lCilti rr SIGNED AND,SEAL:�D;tYti b� day of September , 2015 rr� '`� C� �'��1 }t.��Y+ NOVA Contrd ng;�1rC. ,, �g��Employers Mutual Casualty Company(SFAL) %:..�,�(Priricipal) (SuretY) , , -,.......�. �j2.at�'� Y "`T B (Slgnetu ➢ B� ai�o�Kaim�,nnw,,.y��eu (Slgnature) � (SE D NOTARIAL ACKNOWLEDGMENT OF SURETY) Address of Surety to which all notices shall be sent Employers Mutual Casualry Company 5445 DTC Parkway Suite 320 Greenwood Village,CO 80111 Address for Service of Process(must be a physical address) Employers Mutual Casualry Company 5445 DTC Parlcway Suite 320 Greenwood Village,CO 80111 F10W CONTROL&3EISMIC VALVE PROJECT BID FORMS AUGUST 2015 00 4100-8 i ` .°-, � • � �� •• � • '�� p0.Box 712•Des Molnes,IA 50306-0712 1 V�. B30320 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS�that: 1. Employers Mutual Casualty Company,an lowa Corporation S. Dakota Fre Insurance Company,a North Dakota Corporafion 2. EMCASCO Insurance Company,an lowa Corporation 6. EMC Properly&Casualtyr Company,an lowa Corporation 3. Union Insurance Company of ProWdence,an lowa Corporation 7. Hamilton Mutual Insurance Company,an lowa Corporation 4. Illinois EMCASCO Insurance Company,an lowa Corporatlon hereinafter referted to severally as"Company°and colledively as°Companies°,each dces,by tf�se preser�ts,make,cor�stitute and appoirrt: CYNTHIA L.JAY,PEGGY A FIRTH,ERIC A.ZIMMERMAN,JAMES B.BINDER,ALICEON KELTNER its inie and lawful attome�in-fad,with full power artd authority conferred to sign,seal,and execute its law(ul bonds,undertaldru,�s,and other obligatory instruments of a similar nature as follows: ANY AND ALL BONDS and to bind each Company thereby as fulty and to the same exter�as if such instrumerrts were signed by the duy authorized officers of each such Comparry,and all of the acts of said attomey pursueM to the auUwrity hereby given are hereby ratified and confirmed. The authority hereby grar�ed shall expire APRIL 1,2018 urdess sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attomey is mede and executed pursuar�to and by the authority of the follawing resoluution of the Boards of Directors of each of 1he Companies at a regulady scheduled meeting of each comparnr duly called and held in 1999: RESOLVED:The President and Chief Exeaitive Olficer,arry Yce PresideM,the Treasurer and the Secretary of Employers Mutual Casualty Comparry shall have pow+er and authority to(1)appoint attomeys-in-fact and author¢e them to execute on behalf of each Compamr and attach the seal af the Comparry thereto, bonds and undertaldngs,recognizances,coMracts of indemnity and other writings abligatory in the nature thereof;arui(2)to remove any such attomey-in-fad at arry time and revoke the powe�and authority given to him or her.Attomeys-in-fad shall have power and authorily,subject to the terms and IimitaUons of the po�rer-of-attamey issued to them, to execute and deliver on behalf of the Comparry,and to attach the seal of Ihe Company thereto,bonds and undertaldngs,recognizances,contracts of indemnity and ather writings obligatory m the nature the�eof,and any such insbument executed by arry such attomey-in-fact shall be iully and in all respects binding upon the Company. Certification as to the validityr of arry power-0f-attomey authorized herein made by an oifioer oi Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company.The facsimile or mechanically►eproduced signature of such officer,whether made heretofore or hereafter,wherever appearing upon a ceR'fied capy of arry power-of-attomey of the Campar�y,shau be vafid and binding upon fhe Company with the same force and effect as though manually affixed. IN WITNESS THEREOF,the Companies have caused these presents to be signed for each by their officers as shawn,and the Corporate seals to be hereto affixed this 1st day of JULY 2015 . sea�s •6? A' ,,,,,, ,.,,,,,,.,, ,,,,,,,,,,.. �iNsu�•,� ��,OMPq •`sy 8 c BNC2G.Kel� 1181rt118 MId1881Ffe81 ?�;:''�pPOH� •.°,�('t'�. =a`••o,;:o;,;•"`o: 'i�'P p�►o��G; of Companies �3,4;5 8�6�Pre.sideM AssistaM uce PresideM �O + .O. P u �:T. �O•�4 l y 1 1 �y SEAL,°e: ^'r 7863�:a?��::1963 °<� �Comparry 1•Vice Chairtnan and =i= ::: �owa :�: c�: CEO Of COmpeny 7 :�3'•. •`�= 'y••. •o�; :�.r'•. ,,• o. ��•*,IOWA,M��•` ''•��H7,�13'�aa` •i�*�OIM# �• '•�,,,",,,,�• ••,.,,,",.,•• •�,,.,,"„•• Onthis 1st dayof JULY AD 2015 beforemea „�,,, ,- ��., ,.,,��,, ,.•�Nsoaa„�;.,,,� `� `�pSUNq,y�•.,, ,.��,�T�� Nota Publian a for tl�e State o lowa,personally appea Bruce G. Iley and ichael Freel, ��,, v� ,.��,,,F ;`y .��.,s4'• '.y ��O �� CO• • 4��PP0��• s �' QpIOR�r �i o f�Cp: •�ryP+��oppOq,��G �'1�, ing bv me duy swom,did say that they are,and are Imown to me to he the Chairtnan, =� r"=q ��;` °'":q: =y:` '°'.�{= President,�fce Chairman and CEO, and/or Assisiant Vice PresidentlAssistant Secxetary, :�: SEAL =�: :�;SEAL��;:W; SEAL;A: respecc�vely,of each oi The Companies above;that the seals aifixed to this instrument are the •, • ;;,�,,�� •P•: =,•�,s,,�� ,,,�,= seals of said corporations;that said inswment was si�ned and seafed on b�altof each of the -,��;o;�,;;��,,•'� ,,�„'oa�;.,' ,,Ma,,,,�. , Companies by autho ri t y of their res p e d ive Boards of Diredors;and that the said Bruoe G.Kelley �'''��"'' � ''��''� � '"��""� and M ichael Freel,as such officers,adv�owledged the exea�on of said instrument to be the voluntary ad and deed of eadi of the Companies. UTUq My Commission Expires October 10,2016. KATHIf LYNN LOVERIDGE o � ��N�unber 787I69 �� '�� Occaser 10.2016 Nota Public' and for the State of lowa �'�iroEs,��p CERTIFICATE I,James D.Clough,Voe Presiderrt of the Canpanies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power ofAttomey issued pu�suaM thereto on JULY 1,2015 on behalf of. CYNTHIA L.JAY,PEGGY A FIRTH,ERIC A.ZIMMERMAN,JAMES B.BIN06R,ALICEON KELTNER are Uue and corred end are sGll in full force and effed. In Testimorry��eof I have subscri my name and aifoced ihe facsimile seal of n each Compar�r this � day of ��1,�.a_.r , �a�,,_. 0` �ice President . . . •. • � . • � .:� B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations. C. If the swety on any bond fumished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph S.O1.B, Contractor shall promptly notify Owner and�ngineer and shall, within ZO days af�er the event giving rise to such notification, provide another bond and surety, both of which shalt comply with the requirements of Paragraphs S.O1.B and 5.02. 5.02 Licensed Sureties cmd Irrsurers A. All bonds and insurartce required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or inswance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any othe�r additional insured) which Contractor is required to purchase and maintain. B. Faiiure of Owner to demand such certificates or other evidence of Contractor's full compliar�ce with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. C. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. D. The insurance and insurance limits required herein shal! not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A.The Contractor shall purchase and maintain the insurance required under this paragraph. Such insurance shall include the specific coverage's set out herein and be written for not less than the limits of liability and coverage's provided in paragraph 5.04C, or required by Laws or ' Regulations, whichever are greater. A!1 insurance shall be maintained continuously during the life of the Agreement up to the date of Final Completion and Acceptance, and at all times thereafter when the Contractor may be correcting, removing, or replacing Defective Work in , accordance with Paragraph 13.06. The Contractor's liabilities under this Agreement shall not be deemed Iimited in any way to the insurance coverage required. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700.17 B. All insurance required by the Contra.ct Documents to be purchased and maintained by the Contractor shall be obtained from insurance companies that are duly licensed or authorized to issue insurance policies for the [imits and coverages so required by the City of Bremerton Insurance companies shall have a current Best's Rating of at least "A" (Excellent) general policy holder's rating and a Class VII financial size category and shall also meet such additional requirements and qualifications as may be provided in these General Conditions, C. 'Tfie Contractor shall furnish the Owner,with copies to each additional insured who is indicated in these General Conditions, with certificates and original endorsements showing the type, amount, class of operations covered, effective dates and dates of expiration of policies. All of the policies of insurance so required to be purchased and maintained(or the certificates or other evidence thereo� shall contain a provision or endorsement that the coverage afforded Will not be canceled,reduced in coverage, or renewal refused until at least 30 days' prior written notice has been given to the Owner and additional insures by certified mail. Ali such insurance required herein (except for worker's compensation and employer's liabiiity) shall name the Owner, the Engineer, and their consultants and subconsultants and their officer's, director's agents,and employees as"additional insured"under the policies.The Contractor shall purchase and maintain the following insurance: 1. Workers' Compensation and Employer's Liability: This insurance shall protect the Contractor against atl claims under applicable workers' compensation laws or federal acts, including claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workers'compensation law. This insurance shall include an "all states" endorsement. In the event of a "monopolistic" state, Contractor shall certify all employees are covered by the state fund or shall provide a separate policy providing "all states" benefits. Employer's liability "stop gap" coverage for monopolistic states shall be provided under either a worker's compensation policy or general liability policy. The Contractor shall reyuire each subcontractor similarly to provide workers' compensation insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's workers'compensation insurance. In case any class of employees is not protected under the workers' compensation laws,the Contractor shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of its employees as are not otherwise protected. The Contractor and each Subcontractor shall provide a waiver of subrogation in favor of the Owner and Engineer. 2. Comprehensive or Commercial General Liabi(ity: This insurance shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to persons other than its employees or damage to pmperty of the Owner or others arising out of any act or omission of the Contractor or its agents, employees, or subcontractors. The policy shall also include pmtection against claims insured by personal injury liability coverage, an "owner's and contractor's protective liability" endorsement and contractual coverage to insure the contractual liability assumed by the Contractor under the indemnification provisions in the General Conditions. To the extent.that the Contractor's work, or work under its direction, may require blasting, explosive conditions, or underground operations, the comprehensive or commercial general liability coverage shall CCl'Y OF BREMERTON STANDARD GENERAL COND1770NS oo�oa�s specifically include coverage relative to blasting, explosion, collapse, and/or underground hazazds. 3. Commercial Automobile Liability: This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles, and shall cover , operation on or off the Site of all motor vehicles licensed for highway use,whether they are owned,non-owned,or hired. 4. Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance: The Contractor shall either require each of the Subcontractors to procure and to maintain subcontractor's public liabitity and property damage insurance and vehicle liability insurance of the type and in the same amounts specified in these Supplementary Conditions for the Contractor or insure the activities of the Subcontractors under the Contractor's own policies. 5. Builder's Risk: a. This insurance shall be written in completed value form,and shall protect the Contractor, Subcontractors, the Ov+mer, and the Engineer, against risks of damage to buildings, structures, and materials and equipment (including any stored off-site and while in transit); Contractors' equipment, debris removal and including demolition and contingent loss occasioned by enfarcement of any applicable legal requirements, and shall cover reasonable compensation for Engineer's services and expenses required as a result of such insured loss. The amount of such insurance shall be not less than the insurable value of the Work at Final Completion plus equipment. Builder's risk inswance shall provide for losses to be payable to the Contractor and the Owner,as their interests may appear. This insurance shall contain a provision that in the event of payment for any loss under the coverage provided,the insurance company shall have no rights of recovery against the Contractor,the Owner, and the Engineer. This insurance shall insure against all risks of loss(including earthquake,flood and collapse)and,at the option of the Owner, shall include comprehensive boiler and machinery coverage including coverage for installation and testing. b. If the Owner finds it necessary to occupy or use a portion or portions of the Project prior to Substantial Completion thereof,such occupancy shall not commence prior to the time mutually agreed to by the Owner and Contractor and to which the insurance company of companies providing the Builder's Risk lnswance have consented by endorsement to the policy or policies. 6. The limits of liability for the insurance required by Article 5 shall provide coverage for not less than the following amounts or greater,where required by Laws and Regulations. Limits may be provided by a combination of primary and excess liability palicies, and then the excess or umbrel[a liability coverage's shall include cornmercial general, comprehensive automobile, and employer's liability and shall provide coverage at least as broad as the underlying policies. CiI'Y OF BREMERTON STANDARD GENERAL CONDIT{ONS 00700-19 a Worker's Compensation: 1. State: 5tatutory 2. Applicable Federal(e.g.,USL&I�: Statutory Note: If the Work called for in for the Contract Documents involves work in or on any navigable waters, the Contractor shall provide Worker's Compensation caverage which shall include coverage under the Longshore and Harbor Workers' Compensation Act, the Jones Act, Maritime Law, and any other coverage required under Federal or State laws pertaining to workers in or on navigable wa#ers. 3. Employer's Liability: $2,000,000 b. Comprehensive General Liability: 1. Combined Single Limit $5,000,000 Each Occun�ence (a) Products/Completed $2,000,000 Each Occurrence (b) Personal Injury $2,000,000 Each Person 2. POLICIES written on a"claims made basis"are not accepta6le. 3. Policies shall include premises/operations, products, completed operations, independent contractor's, owners and contractors protective, explosion, collapse, underground hazard, broad form contractual, personal injury with employment exclusion deleted,and broad form property damage. c. Comprehensive Automobile Liability (including owned, hired, and non-owned Vehicles): 1. Bodily Injury: $2,00�,000 Each Claimant 2. Property Damage: $2,000,000 Each Occurrence r� D. Contractor agrees to waive all rights of subrogation against the Owner, the Engineer, and Consultants, employees, officers and directors, for WORK performed under Contract. , Endorsements shall be provided with certificates of insurance. E. All policies shall also specify that the insurance provided by the Contractor will be considered primary and not contributory to any other insurance available to the Owner or the Engineer. F. All policies except Workers'Compensation and Builders Risk shall name the Owner,Engineer, their consultants, subconsultants, and their officers, directors, agents and employees as additiona! insured's. The Builders Risk insurance shall name the Contractor, Owner, and Engineer as named insured's. CfIY OF BREMERTON STANDARD GEN6ftAL CONDITIQNS 00740-20 G. The Contractor shall provide the Owner and all additional insweds with written notice of any policy cancellation within five days of receipt of such notice. Failwe to maintain the insurance required shall constitute a material breach of contract,upon which Owner may,after giving five business days' notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Owner on demand, or at the sole discretion of the Owner,offset against funds due the Contractor from the owner. H. All costs for insurance, including but not limited to premiums, deductible payments or self- insured retention shall be incidental to and included in the unit or lump sum prices of the contract and no additional payment will be made. ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES 6.41 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devotir►g such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents.Contractor shall be solely responsible for the means,methods,techniques,sequences,and procedures of construction.Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method,technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. C. The Contractor's superintendent shall be present at the Site at all times while the Work is in progress and shall be available by telephone for emergencies 24 hours per day, 7 days a week. Failure to observe this requirement may result in a suspension of the Work by the Owner until such time as the designated superintendent is again present,full-time,at the Site. 6.02 Labor; Working Hours , A. Contractor shall provide competent, suitably qual�.fied personnel to survey and lay out the Work and perform construction as required by the C:ontract Documents.Contractor shall at all times maintain good discipline and order at the Site. D. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regulaz working hours. Contractor will not permit the performance of Work on a Saturday, Sunday,or any legal holiday without Owner's written consent(which will not be unreasonably withheld)given after prior written notice to Engineer. The Contractor shall apply for this consent through the Engineer in writing a minimum of three (3)working days before the holiday or overtime work is to be scheduled. Cfl'Y OF BRF,MERTON STANDARD G£NERAL CONDITIONS 00700•21 LIST OF SUBCONTRACTORS The Bidder shall provide the following information for each Subcontractor who will perform work or labor or render service to the CONTRACTOR in or about the construction of the work or improvement,or a Subcontractor who,under subcontract to the CONTRACTOR,specially fabricates and instalts a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of 10 percent of the CONTRACTOR's total bid.The CONTRACTOR shafl list only one Subcontractor for each portion of the WORK as is defined by the CONTRACTOR in its bid. If no Subcontractor is listed, the bidder acknowledges that it does not intend to use any subcontractor whose work on the CONTRACT will exceed 10 percent of the bid price.Attach additional sheets if required. '��" ��s r7. +s .a �T.....�..,."!�. ��' � ',zk"�� ' �'�� du�• ��":N�#�: �� : •�' '.:��:s Company Name: Subcontractor License#: Work to be performed: Address: Phone#: Bid Amount and %of Total Bid: �.� ` :::.,,:' ' sr+aa�,.+ms�, �Cr�'��Z�' � -,x b ��"'�..3 � � .�. :��i :+' �.�3F``:... Company Name: Subcontractor License#: Work to be performed: Address: Phone#: Bid Amount and %of Total Bid: 4 - S WM as +'l", . ' '• �.' ? �+ 'O�';..r._--.:��-��' �! M��" Company Name: Subcontractor License#: Work to be perFormed: Address: Phone#: Bid Amount and %of Total Bid: FLOW CONTROL&SEISMIC VALVE PROJECT BID FORMS AUGUST 2015 00 41 00-9 I.IST OF PROP03ED SUBSTITUTES INSTRUCTIONS: 1) In the second column, circle the specifled product used in the bid; 2) If the Bidder is proposing to provide a substitute or"or equal" product, identify the manufacturer/model for the product in the third co(umn. These proposed substitutes will only be considered after award of the Contract. Substitute or"or equal" items not proposed in this form by the Bidder will not be considered by the Owner after opening of bids. The procedure for the submittal of substitute or"or equal"products is specified in Section 01 60 00 -Products, Materials, Equipment,and Substitutions. The Bidder shall not be retieved af any obligations of the Contract Documents or be entitled to an adjustment in the Contract Price in the event any proposed substitute manufacturer is not subsequently approved: Speciflcation Section Name of Specified Substitute Manufacturer for'Or Product used in Bid equal'products. Include (Circls product) Make/Model (List only one for each item) . � � a FLOW CONTROL&SEISMIC VALVE PROJECT BID FORMS AUGUST 2015 00 41 00-10 INFORMATION REG�UIRED OF BIDDER PAGE 1 of 2 The Bidder shall fumish the following information. Additionel sheets shall be attached as required. Failure to complete these items will cause the Bid to be non-responsive and may cause its rejection. In any event, no award will be made until all of the Bidder's General InformaGon is delivered to the OWNER. NOVA Conhacting,Inc. Contrackflr Name 106]5 Delphi Rd.SW 9 ymp��, Primary Classification: C?��• gt+lS• Address NOVA Convactin$,Inc. Olympia,WA 98512 Telephone: �60 �S��OD Fax number: �GA 3$Z �� E-mail address: I+�V�sa T Name and contact information for proposed Project Manager: "ORVAN OPDAHL•President Employer's identification number(employer SSN,not personal SSN): � l2(��"]f �mployment Security Departrnent number S�� "' � Washington Industrial Insurance number �iP6q�� "' w Washington State Excise Tax Registration number �0 1 964026 Washington State Contractor's RegisVation numbeNexpiration date NOVACI'� �y 1�I3 City of Bremerton Business License number " if not available.must be obtained nriar to startinc aonstruction Name, address, and telephone number of surety company and agent wfio will provide the required bonds this contract: Ir'O � � � S y FLOW CONTROL 8 SEISMIC VALVE PROJECT BID FORMS AUGUST 2015 00 41 00-11 , INFORMATION REGIUIRED OF BIDDER PAGE 2 of 2 . To be considered for award, the CONTRACTOR shail have completed at least one project of similar type, complexity, and comparable value to that WORK described in Notice Inviting Bids. ATTACH TO THIS BID a list of one(1) project minimum, completed by the CONTRACTOR, that are similar to the Flow Controt 8 Sefsmic Valve ProJect in nature, value, and complexity of work. The projects must have been completed under the bidder's name as the prime (general) contractor within the last ten (10) years. The list shall include the following infoRnation as a minimum: ■ Names,address,and telephone number of ovmer. ■ Name of project. ■ Location of project. � Brief description of the work involved. ■ Contract amount. • Date of completion of contract. ■ Name,address,and telephone number of architect or engineer. ■ Name of owner's project engineer. o List of major equipment. • Years in business under current name. • Contracts now in hand,gross amount,and percent complete. FLOW CONTROL 8 SEISMIC VALVE PROJECT BID FORMS AUGUST 2015 00 b1 00-12 NON-COLLUSION AFFIDAVIT STATE OF ) ) ss. COUNTY OF ) JORDAN OPDAHL•President , being first duly swom,deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, direc�y or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder,or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements corrtained in the bid are true; and further, that the bidder has not,directly or indirectly,submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository,or to any member or agent thereof to effectuate a collusive or sham bid. Signed: Subscribed and swom to before me this day of�,2015 � Notary Public in and for the County of 1�1v�c"��-� State of l.v��\��c�(SY� (SEAL) �otary Public State of Washin�ton PAMELA A LOFGREN MY COMMISSION EXPlRES JULY 1, 2019 FLOW CONTROL&SEISMIC VALVE PROJECT BID FORMS AUGUST 2015 00 41 Oo-13 CERTIFICATION BY PROPOSED CONTRACTOR REGARDING EQUAL EMPLOYMENT Refer to EPA Forms 6100-2,6100-3,8 6100-4 in Exhibit A-1 of Section 002113. 0 FLOW CONTROL&SEiSMIC VALVE PROJECT 81D FORMS AUGUST 2015 00 41 00-14 CERTIFICATION REGARDING SUSPENSION.DEBARMENT.INELIGIBILITY OF VOLUNTARY EXCLUSION 1. The CONTRACTOR,by signing this agreement,certfies that it is not suspended,debarred,proposed for debarment, declared ineligible or othervvise excludecf from contracting with the federal govemment, or from receiving contracts paid for with federal funds. If the CONTRACTOR is unable to certify to the statements contained in the certification,they must provide an explanation as to why they cannot. 2. The CONTRACTOR shall provide immediate written notice to the Deparhnent if at any time the CONTRACTOR leams that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,primary covered transaction, principal, proposal, and voluntarily excluded,as used in this clause, have the meaning set out in the �efinitions and Caverage sections of rules implementing Executive Order 12549. You may contact the department for assistance in obtaining a copy of those regulations. 4. The CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction. 5. The CONTRACTOR further agrees by signing this agreemeM, that it will include this clause tided "Certification Regarding Suspension, Debarment, Ineligibility Or Voluntary Exclusion°without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuarrt to 2CFR180.330, the CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may resuft in the delay or negation of this funding agreement, or pursuance of legal remedies,including suspension and debarmerrt. 8. CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are nat suspended or debarred, and will make this proof available to the Department upon request. RECIPIENT/CONTRACTOR must run a search in www.sam.gov and print a copy of completed searches to document proof of compfiance. � qls I gnature D e JORDAN OPDAHL .Pr�sider�t Name and title of signer(please type) � FLOW CONTROL&SEI5MIC VALVE PROJECT BIO FORMS AUGUST 2015 00 41 00-18 CER7IFICATION OF NON-SEGREGATED FACILITIES (Applicable to federally assisted construction contracts and related subcontracts exceeding$10,000 which are not exempt from the Equal Opportunity clause.) The federally assisted construction contractor 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 federally assisted construction contractor certified,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 perfoRn their services at any location, under his control,where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification,the term"segregated facilities"means any waiting rooms,work area,rest rooms and wash rooms,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 area, in fact, segregated on the basis of race,creed,coior,or national origin, because of habit,local custom,or othervvlse. The federally assisted construction contractor agrees that(except where he has obtained identical certifications from proposed contractors for specific time periods)he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding$10,000 which are not exempt from the provisions of the Equal Opportunit�r clause,and that he will retain such, certification in this file. Z S' ture te �ORDA OPDAHL-President ame and tiUe of signer(please type) NOTE: THIS FORM SHALL BE COMPLETED IN FULL AND SUBMITTED WITH THE BID PROPOSAL END OF BID FORMS FLOW CONTROL 8 SEISMIC VALVE PROJECT BID FORMS AUGUST 2015 00 41 00-16 From: Christine Grenier on behalf of City Council Sent: Friday, September 25, 2015 8:57 AM To: 'novacontractinginc@gmail.com' Subject: Citizen Letter- Flow Control & Seismic Valve Project Bid Award (Jordan Opdahl, NOVA Contracting,Inc.) Mr. Opdahl, Thank you for your comments on the Flow Control &Seismic Valve Project Bid Award which is scheduled for Council action during the October 7 Council Meeting. I have shared your letter with Council Members and Public Works staff for their review and consideration. A copy will also be included in the record. Sincerely, Christine Grenier Council/Auditor Assistant City of Bremerton (360)473-5280 � From: Jordan Opdahl [mailto:novacontractinginc@gmail.com] Sent: Thursday, September 24, 2015 3:43 PM To: City Council Subject: Flow Control & Seismic Valve Project- Bid Award - NOVA Contracting, Inc. Dear Council Members, Please find attached another correspondence concerning the above subject project. Thank you for your time and consideration. Jordan Opdahl NOVA Contracting, Inc. Office: (360) 754-2600 Fax: (360) 357-3964 1 CONTRACTING , IIVC . 10615 Delphi Road SW,Olympia,WA 98512 Phone:360.754.2600 Fax:360.357.3964 September 24, 2015 Members of City Council City of Bremerton 345 6th Street, Suite 600 Bremerton, WA. 98337 Attn: Leslie Daugs, Patricia Sullivan, Roy Runyon, Jerry McDonald, Greg Wheeler, Eric Young and Dino Davis Subj: Flow Control & Seismic Valve Project Bid Award to Lowest Bidder Dear Honorable Council Members: Jordan Opdahl, President of NOVA Contracting, Inc.(NOVA) attended the City Council Study Session meeting Wednesday evening. There was some discussion of rebidding the project in the hopes of obtaining a lower bid. History shows that many times on projects with multiple bidders rebidding the same project tend to coalesce around the bid amount of the second bidder. The lowest bidders seem to find the second bid more attractive than their own, and the other bidders strive to get their bids down to the second bidder's number because they all think the lowest bidder was much too low in the first place. We do not think a lower bid would likely be the result of a re-bid. As I attended the meeting the refreshing underlying tone of the meeting was to save tax payer money and make sure money being appropriated was wisely used.,.To award this project to the second bidder would go against this collective thinking. However, it would do two things for sure, add an additional $49,000.00 of debt to the citizens of Bremerton and only pad the bank account of a Contractor. If NOVA is confident with our bid proposal, we would be as the second bidder and be ecstatic with an additional $49,000.00 to add to our bottom line to complete this project. The technical flaws in NOVA's bid have led the Project Engineers and the Legal Staff to recommend awarding to the second bidder. NOVA cannot fault the Staff for this recommendation as they are merely doing their jobs and recommending the safe approach. The City Council, however, only needs to represent the best interests of your constituents, the Citizens of Bremerton who elected you to serve and represent their interests in City Government. We ask you to consider: is the lack of a few blank forms worth spending over $49,000.00 of the taxpayers' money to award to the second bidder? Considering that this would place the project more than 10% over the Engineer's estimate and cause potential budget problems it seems a poor decision, especially since the second bidder and the City have had legal difficulties on projects in the past. Let us remind you all that a city government has the greatest legal latitude to waive irregularities in public bids of any government body. We would certainly suggest that the irregularities in NOVA's bid are not material and should not affect a decision to award to NOVA. More important legally, the omission of the forms in question did not allow any bidding advantage to accrue to NOVA Contracting, Inc. in any way. In our conversations with the awarding agency representatives, they assured us that had they had the forms there would have been no question of NOVA's eligibility for project award. We ask you to do the same - award to NOVA and save your constituents $49,000.00. Thank you for your kind consideration. NOVA Contracting, Inc. has performed several projects in and around Bremerton within the past few years. These projects include a 12 inch water main for Central Kitsap Schools on Austin Drive in West Bremerton, a park improvement in Bremerton at Anderson Cove, and an $800,000 water main project at multiple locations in the Tracyton district of Bremerton. NOVA completed the projects in a timely fashion with no claims or legal actions of any sort. We look forward to repeating that performance on this project. Very Truly Yours; NOVA Contracting, Inc. Jordan Opdahl, President AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Renewal of Annual Funding Study Session Date: September 23, 2015 Commitment to Admiral Theatre Foundation COUNCIL MEETING Date: October 7, 2015 Department: Financial Services Presenter: Cathy Johnson Phone: (360)473-5296 SUMMARY: Per the terms of the Operating Agreement with the Admiral Theatre Foundation, as amended, the City Council annually must renew its commitment.to continue its financial contribution to the Foundation. The most recent review has been completed and is being presented prior to the Council's consideration of the 2016 budget. It is the recommendation by the Director of Financial Services that the City Council renew its commitment of the current funding amount of$150,000 per year for 2016. ATTACHMENTS: 1) Explanatory Memo 2)Admiral Theatre Facility Review 3) Financial Statement for the Year Ended August 31, 2014 FISCAL IMPACTS (Include Budgeted Amount): Upon Council commitment a financial contribution of $150,000 will be included in the proposed 2016 Annual City Budget. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑x General Business ❑ Public Hearing RECOMMENDED MOTION: Move to renew the City of Bremerton's funding commitment in the amount of$150,000 to the Admiral Theatre Foundation per the Operating Agreement as amended. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 i i � �' ' ' Memorandum TO: Mayor Patty Lent Bremerton City Council From: Cathy Johnson, Director of Financial Services Re: Admiral Theatre Agreement—Contract Review Date: September 14, 2015 Per the terms of the Operating Agreement with the Admiral Theatre Foundation, as amended, the City Council annually must renew its commitment to continue its financial contribution to the Foundation. The City's Financial Contribution, as outlined in the agreement, is conditioned upon the following items: a) The Foundation properly maintaining the Theatre and its facilities; b) The Foundation continuing to market and provide performing and visual arts at the Theatre on a full-time basis, including education and cultural events; c) The Foundation provide the City its annual budget and marketing plans within thirty (30) days of adoption by the Foundation Board; and; d) The Foundation making available to the City all financial information deemed appropriate to determine that the Theatre is using its funds in accordance with its non-profit purpose and the - purpose of the City's existing agreements with the Foundation; e) The Foundation providing to the City an audit report on a bi-annual basis, issued by a Certified Public Accountant and covering the previous two years of operations. f) The City's hotel/motel tax generates at least $90,000 ($150,000 for 2013 through 2017) each year for each 2% of tax imposed. It is anticipated that the City's commitment will be renewed so long as the Foundation has used the funds in a manner that the Council deems as promoting the best interests of the City and its citizens and the purposes of the Hotel/Motel tax enabling legislation. After reviewing maintenance reports, the financial report for the fiscal year ending 8/31/14 and marketing information provided by the Foundation, I have concluded the following: a) Maintenance of the facilities appears to be adequate. Some repairs and maintenance needs were noted and are being shared with the Foundation to be included in their future maintenance plans. b) Marketing and provision of performing visual arts (including education and cultural events) continue to be provided at the levels of prior years. c) Financial information has been made available to the City as requested and as deemed appropriate to determine that the Theatre is using funds in accordance to Agreement expectations. d) The most recent auditor's report available is a compilation for the year ended August 31, 2014. Per the terms of the Third Amendment to the Operating Agreement approved by the Council in February of 2015 and executed by the Foundation in April of 2015 an external audit report issued by a CPA will be provided for the fiscal year ending August 31, 2015. e) The City's hotel/motel tax generated more than $90,000 ($150,000 for 2013 through 2017) each year for each 2% of tax imposed. The following is the hotel/motel tax receipts for the period 2010 through 2014: Cit of Bremerton Lod ing Tax Recei ts Year Amount 2010 $ 347,792 2011 $ 393,288 2012 $ 417,131 2013 $ 388,620 2014 $ 434,002 2015 Budget $ 393,000 Based upon the results of this review and given that the Agreement expressly anticipates that the funding commitment will be renewed after each review, so long as the Foundation has used the funds in a manner that the Council deems as promoting the best interests of the City and its citizens and the purposes of the Hotel/Motel tax enabling legislation — it is my recommendation that the City Council be requested to renew its commi4ment to the current funding amount of$150,000/year for budget year 2016. 2 Page 1 of 2 � Public Works and Utilities Department 100 Oyster Bay Ave.N. • Bremerton,WA 98312 • (360)473-5920 • FAX(360)473-5360 :� �� MEMORANDUM DATE: Apri127,2015 TO: Cathy Johnson,D'uector of Financial Services CC: Wayne Hamilton,Utilities Operations Manager FROM: Chris Mottner,Inventory/Facilities Supervisor SUBJECT: Admiral Theatre Facility Review-2015 Cathy, as requested, we performed a scheduled facility inspection of the Admiral Theatre, 507/515 Pacific Avenue, and the adjacent connected building, 530 Fifth Street, called "The Source"which is rented out for use by others, as a Conference/Meeting room space. � Overall,the building is in good condition,we inspected all areas and looked at improvements and maintenance projects completed since last inspection/evaluation period,such as the new kitchen,mof replacement,etc.and all areas of the building's iaterior and exterior,as required per the operating agreement. There were some minor concerns and recommendations to report.They aze as follows; • The boiler room door does not close properly and will need a working door closure to insure that it is self-closing,as required per code. • The mazquee roof/cover needs to be cleaned of accumulated material,vegetation and other debris,to limit weight load onto this structure. The marquee roof drain needs to be kept clean and clear of debris by regular maintenance.(see photos) • The main bwilding roof levels were clean,but had some debris by the drains. These should be cleaned and kept cleaz of debris by regular maintenance. (see photos) • Carpet repairs or replacements will soon be needed in some of the facility,and may be on a maintenance plan that the Admiral Theatre Foundation is working from.Areas of Page 2 of 2 repairs were the employee spaces at the south portion of the building and possible replacement within"The Source"conference room areas. • There appeared to be wall and paint damage at the urinals in the men's restroom on the second floor.Possibly from past water leakage,that may need attention soon,mostly cosmetic repairs required. • There was minor entry way roof ceiling damages,possibly caused from a roof drain failure on the small portion of roof at"The Source"portion of the building. This drain should be checked and any ceiling leaks repaired,as needed to prevent further damage. Please note that these are recommendations of maintenance and repair issues as observed at the time of the Facility Inspecdon,that should be addressed by the Admiral Theatre Foundation. All fire suppression and fire alarm devises and equipment looked well maintained and current testing tags intact.A safety inspection was also conducted during the facility inspection,filed with the City of Bremerton Risk Management Department,with minor inspection coaections needed. During the facility inspection,I viewed the Admiral Theatre Emergency Plan and it appeared to be current and easily accessible to staff. . Also,I was told of a planned main lobby remodel project scheduled for 2017,hope that plans of this project will be shared with City Finance and Facility staff,prior to the start of the proposed impmvement project. One last item of interest,during the facility inspection of the building exterior,we noticed that the retail building adjacent and attached to the Admiral Theatre's"The Source"buildiag, addressed 524 Fifth Street,is also owned by the Admiral Theatre,and if it is included in the City of Bremerton—Operating Agreement,this building space should be inspected as part of the next evaluation report. • City Representatives/Inspection attendees; Wayne Hamilton Chris Mott�er Matt Donleycott Shaun Tassano • Admiral Thea�e,Director of Operations; Chad Haight Please let me know if you have any questions or concerns. � Thanks, �-�1` � - t'V� 2�3 Atta�chments:Three(3)pages of photographs , � ' T � --�y r � � .. ��.__ , ,�� .� ��.�� , . � �; _ ._ _- _ -- s, - ��` � I�'�. ��.�r��"AC "�`r�-"'-u'i,. �"��, _�-,?c�' ` • � �' , . .-r � i ,.F� •l.ye c.��_�_j� � � jj .��a.r ;,ir.j ..'"' . �.; � I ,\�� y-- i r. 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N „r � "t 7 ,, ti�. • i 1 , * V � � � ADNIIRAL THEATRE FOUNDATION D FINANCIAL STATEMENTS FOR THE YEAR ENDED AUGUST 31,2014 � � � D D D 9 � D � TABLE OF CONTENTS ACCOUNTANT'S COMPILATION REPORT 1 � FINANCIAL STATEMENTS STATEMENT OF FWANCIAL POSITION 2 STATEMENT OF ACTIVITTES 3 � STATEMENT OF FUNCTIONAL EXPENSES 4 STATEMENT OF CASH FLOWS 5 D NOTES TO T�FINANCIAL STATEMENTS 6-13 D D D 1 ) � CLARI�E WHITNEY, CPA, INC. 610 Warren Aveaue � Bremertoq WA 98337 CERTIFIED PUBLICACCOUNTANTS Phone:360-377-4496 www.clarkewhime .com Faa:360-377-4497 � INDEPENDENT ACCOUNTANT'S REPORT To the Board of Directors Admiral Theatre Foundation � Bremerton,Washington � We have compiled the accompanying statement of financial position of the Admirat Theatre Foundation (a nonprofit organization) as of August 31, 2014, and the related statements of activities, functional expenses and cash flows for the yeaz then ended. We have not audited or � reviewed the accompanying financial statements and, accordingly, do not express an opinion or provide any assurance about whether the financial statements are in accordance with accounting principles generally accepted in the United States of America The prior year summarized comparative information has been derived from the Foundation's August 31, 2013 financial statements compiled on March 13,2014. � � Management is responsible for the preparation and fair presentation of the financial statements in - accordance with the accounting principles generally accepted in the United State of America and for designing, implementing, and maintaining internal control relevant to the preparation and fair presentation of the financial statements. � Our responsibility is to conduct the compilation in accordance with the Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. The objective of a compilation is to assist management in presenting financial information in the form of financial statements without undertaking to obtain or provide any � assurance that there are no material modifications that should be made to the financial statements. C�p!'�6 WI/t��'I�.�N�. � Clarke Whitney,CPA,Inc. Bremerton,Washington December 31,20144 C 1 � D ADNIIRAL THEATRE FOUNDATION STATEMENT OF FINANCIAL POSTI'ION � AUGUST 31,2014 . WITH COMPARATIVE TOTALS FOR AUGUST 31,2013 2014 2013 Assets p Current assets Cash and cash equivalents $ 116,539 $ 63,026 Accounts receivable 478,038 305,167 Inventory 18,399 7,992 Prepaid expenses 33.964 68.194 D Total current assets 646,940 444,379 Pmperty and equipment,net 3,569,625 3,575,'170 Investments 543.519 473.341 � ' Total assets $ 4.760.084 $ 4.493.490 Liabilities and net assets Cun�ent liabilities Accounts payable $ 13,744 $ 26,958 D Accrued liabilities 65,459 60,697 Deferred income 765,179 623,771 Line of credit - - Current portion of note payable 7.814 3.573 Total cun�ent liabilities 852,196 714,999 D Note payable,net of cun�ent portion 258.149 161.211 Totalliabilities ],110,345 876,210 Net assets D Unrestricted Operating 3,106,219 3,143,939 Board designated 543.519 473341 Total net assets 3.649.738 3.617.280 p Total liabilities and net assets $ 4.760.083 $ 4.493.490 D See accompanying notes and accountant's rep�rt. 2 ) � ADNIDtAL THEATRE FOUNDATION STATEMENT OF ACTIVITIES p FOR THE YEA.R ENDED AUGUST 31,2014 WITH COMPARATIVE TOTALS FOR THE YEAR ENDEID AUGUST 31,2013 2014 2013 Support and revenues � Support � Sponsorships • $ 355,412 $ 337,786 PubIic support 150,000 147,708 Contributions 106,760 58,226 In-kind donations 97,470 371,220 p Membership dues 18,540 17,708 Special events revenues 79.073 63.460 Total support 807,255 996,108 Revenues Services � Presented events 722,468 582,588 User events 100,109 113,698 Concessions . 342,802 303,043 Investment income 52,241 33,646 Other income 7,930 251 D Total revenues 1.225.551 1.033.226 Total unrestricted support and revenues 2,032,806 2,029,334 Expenses p Theatre and user events 1,493,183 1,383,843 Administrative 387,342 300,622 Fundraising 119.823 108.623 Total expenses 2.000.348 1.793.088 p � Change in unrestricted net assets 32,458 236,246 Net assets,beginning of year 3.617.280 3381.034 Net assets,end of year $ 3,649,738 $ 3.617.280 � � See accompanying notes and accountant's report. 3 � � � ADNIIRAL THEATItE FOUNDATION STATEMENT OF FUNCTIONAL EXPENSES p FOIt THE YEAR ENDED AUGUST 31,2014 WITH COMPARATIVE TOTALS FOR THE YEAR ENDED AUGUST 31,2013 ' Theatre and 2014 2013 � . Uaer Events Administrative Fundraisine Total Total Advertising and marketing $ 107,575 $ 18 $ 1,037 $ 108,630 $ 97,642 Bad debt 2,964 395 - 3,359 - Bank card and bank fees 26,105 5,078 - 31,183 25,360 Catering - - - - - Concession supplies 120,544 - 163 120,707 116,891 � Depreciation 154,290 19,523 - 173,813 151,678 Employee benefits 19,913 26,380 2,689 48,982 59,124 Employee retirement 382 3,625 1,315 5,322 2,872 Equipment 10,923 4,608 - 15,531 13,766 Event supplies 34,336 - 9,668 44,004 23,739 D Fundraising - - - - 14,487 Insurance 9,019 4,538 - 13,557 10,477 InteFest 2,621 11,863 - 14,484 10,484 Licenses and taxes 3,107 9,611 - 12,718 8,733 Meetings 41 2,142 399 2,582 3,156 � Miscellaneous 9,171 6,609 713 16,493 7,297 Office supplies 969 4,421 630 6,020 4,753 . Payroll taxes 41,563 31,057 8,902 81,522 64,628 Postage , 3,191 250 724 4,165 4,014 Presented events 467,672 - 5,619 �73,291 411,227 � Product development 7,924 - - 7,924 10,731 Pmfessional fees 2,130 11,975 2,100 16,205 18,577 Repair and maintenance - 42,633 7,002 300 49,935 50,251 Royalties and rents 60,101 - 1,106 61,207 58,585 Salaries 291,759 232,508 83,503 607,770 548,970 p Technical equipment and supplies 13,444 1,350 - 14,794 3,925 User events 5,120 - - 5,120 7,157 Utilities 55.686 4.389 955 61,030 64.564 Total expenses 1 93 183 � 3-8�7.342 119 823 2 8 1 93 088 D , See accompanying notes and accountant's report. 4 1 � ADMIRAL THEATRE FOUNDATION STATEMENT OF CASH FLOWS � FOR THE YEAR ENDED AUGUST 31,2014 WITH CQMPARATIVE TOTALS FOR THE YEAR ENDED AUGUST 31,2013 2014 2013 Cash flows from Operating Activities p Change in net assets $ 32,4S8 $ 236,246 Adjustments to reconcile change in net assets to net cash pmvided(used)by operating activities: Depreciation 173,813 151,678 Unrealized loss(gain)on investments (4'7,521) (29,723) � In-kind contribution of property - (270,000) (Increase)Decrease in: Accounts receivable (172,871) 49,675 Inventory (10,407) (577) Prepaid expenses 34,230 (16,477) Increase(Decrease}in: � Accounts payable (13,214) 7,689 � Accrued liabilities 4,762 (6,629) Defen�ed income . 141.408 _,(31.962� Net cash provided(used)by operating activities 142,658 89,920 D Cash flows from Investing Activities Capital expenditures (167,668) (4,348} Capital contribution to investments (17,936) (9,119) Dividend and interest reinvestment (4,720) (3,185) � Net proceeds from the sale of investments - - p Realized gain on investments Net cash pmvided(used)by investing activities (190,324) (16,652) Cash flows from Financing Activities Proceeds from borrowings 113,068 352,865 D Payments on boaowings �11.889� (381.097� Net cash used by financing activities 101.179 (28.232,� Net increase(decrease)in cash and cash equivalents 53,513 45,036 Cash and cash equivalents,beginning of year 63.026 17.990 D Cash and cash equivalents,end of yeaz $ I 16.539 $ 63.026 Supplemental information: Cash paid for interest $ 14,484 $ 10,484 i See accompanying notes and accountant's report. 5 ► � ADNIIRAL TI�ATRE FOUNDATION NOTES TO THE FINANCIAL STATEMENTS � AUGUST 31,2014 NOTE A—NATURE OF ORGANIZATION a The Admiral Theatre Foundation's(the Foundation)primary purpose is the operation,maintenance, and development of the Admiral Theah�e building(owned by the City of Bremerton)as a performing arts center. Each season the Foundation presents more than 40 professional performances and events,hosts community performances and events,and rents its facility to private parties for private events. The Foundation is committed to maldng the theatre accessible to the entire community. p Sponsorships and donations subsidize the cost of presentations,keeping ticket prices affordable. NOTE B—SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Basis of Accountin� � The Foundation prepares its financial statements using the accrual basis of accounting in accordance with generaily accepted accounting principles. Financial Statement Presentation � The Foundation reports its revenues, expenses, gains and losses in accord.ance with the Financial Accounting Standards Board (FASB) Accounting Standards Codification (ASC) 958.205. In accordance with ASC 958.205,the net assets of the Foundation and changes therein are classified as follows: unrestricted net assets, temporarily restricted net assets, and permanently restricted net � assets. As of August 31,2014,there were no temporarily and permanently restricted net assets. Comparative Financial Statements ' The financial statements include certain prior-year summarized comparative information in total, � but �not by net asset class. Such information does not include su�icient detail to constitute a presentation in conformity with generally accepted accounting principles. Accordingly, such information should read in conjunction with the Foundation's financial statements for the year ended August 31,2013,from which the summarized informatiun was derived. Use of Estimates D The preparation of financial statements in conformity with generally accepted accounting principles requires the use of management's estimates. Accordingly, actual resvlts could differ from those estimates. D 6 ► � ADMIRAL THEATRE FOUNDATION NOTES TO THE FINANCIAL STA'I'EMENTS � AUGUST 31,2014 NOTE B—SUNIlVIARY OF SIGI�TIFICANT ACCOUNTING POLICIES(Continued) ,r� Credit Risk The Foundation maintains its cash in deposit accounts at financial institutions that are insured up to $250,000 each by the Federal Deposit Insurance Corporation. Throughout the year,the Foundation has maintained cash balances below the insurable limits. � Cash Eauivalents The Foundation considers all highly liquid investments with maturity dates of three months or less when purchased to be cash equivalents. � Receivables The Foundation reports accounts receivable at its net reaIizable value. The allowance for doubtful accounts receivable is estimated based on the amount of time the account has been past due,and the likelihood of receiving payment based on past collection efforts. Accounts receivable are J considered past due when the amount has not been collected as of its due date. An account is written-off after all efforts to collect the past due balance have been exhausted. As of August 31, 2014,there is no allowance for doubtful accounts. Inventorv b Beverage inventory is stated at the lower of cost,determined by the FIFO method,or market. Property and Equipment � Property and equipment are capitalized at cosrt. Donated property and equipment are recorded at fair mazket value at the date of donation. The Foundation capitalizes purchase of fixed assets per the management's discretion. Property and equipment are depreciated over the assets' estimated useful lives ranging from seven to forty yeazs using the straight-line method. Leasehold improvements are depreciated over the remaining lease term at the time the improvement is placed into service. � Investments-Endowment The Foundation reports its invest�nents at fair market value. Investment income consists of unrealized and realized gains and losses on investments, as well as dividends and interest earned from investments. Investment funds can be used for operating purposes at the discretion of the 9 Foundation's Endowment Fund Trustees. 7 ► D ADNIIRAL THEATRE FOUNDATION � NOTES TO'fHE FINANCIAL STATEMENTS p AUGUST 31,2014 NOTE B—SUMMARY OF SIGNII�'ICANT ACCOiJNTII�iG POLICIES(Continued) d Contributions The Foundation recognizes its contributions in accordance with the Financial Accounting Standard Board (FASB) Accounting Standards Codification (ASC) 958.605. All contributions received are recognized in the period received at their fair values and are reported in accordance with donor � imposed restrictions. All restricted contributions whose restrictions aze met in the same reporting period are classified as unrestricted contributions. Donated Services and Materials The Foundation reports contributed services at fair value when the services require specialized skills � provided by individuals possessing those skills and are services which would typically be purchased � if not provided by donation. Donated materials are recorded at fair value at the date of gi$. The Foundation benefited from donated newspaper advertising wluch was valued by the newspaper at $49,500 during the year ending August 31,2014. The Foundation also uses the theatre facility at no cost, in accordance with an agreement with the City of Bremerton, for which the Foundation � recognized$51,720 in in-kind revenues for the year ended August 31,2014. Revenue Reco�nition Revenue from ticket sales and user events are recognized at the time the event occurs. All sales � made prior to the event are recorded as defen�ed revenue and amortized once the event has occurred. Advertisine The Foundation uses advertising to promote its programs among the audiences it serves. The p production costs of advertising are expensed the first time the advertising takes place, except for brochure advertising,which is capitalized and amortized over its expected period of future benefits. At August 31, 2014 there were $10,361 advertising costs reported as assets. Total advertising expense incurred during the year ended August 31,2014 was$107,592. D a 8 t D ADNIIRAL THEATRE FOUNDATION NOTES TO TFIE FINANCIAL STATEMENTS . p AUGUST 31,2014 NOTE B—SiJNIIViARY OF SYGNIFICANT ACCOITNTING POLICIES(Continued) p Income Taxes(Continued� The Foundation is a nonprofit organization as described in Section 501(c)(3) of the Internal Revenue Code and is exempt from federal income taxes. The Foundation's revenue earned from user events is considered unrelated business income and is taxable income for federal income tax � p purposes because revenue from these events is earned from users renting the Foundation's facility for their own purpose. The amount of taxable income is determined by deducting expenses associated with providing this service against the amount of revenues earned. No taxable income expense has been incurred for the yeaz ended August 31, 2014. The Foundation believes that is has appropriate support for any tax position taken, and as such, does not have any uncertain tax positions that are material to the financial statements. � The Foundation's is subject to routine audits by tax jurisdictions; however there are cun�ently no audits for any tax periods in progress. The Fouadation believes it is no longer subject to income tax examinations for the years prior to 2011. D NOTE C—PROPERTY AND EQUIPMENT The Foundation operates as part of the theatre a building adjacent to the Admiral Theatre building, which is owned by the City of Bremerton. The total depreciation expense incurred by the p Foundation for the year ended August 31, 2014 is $173,813. As of August, 31, 2014, the Foundation had property and equipment that consisted of the following: 2014 - Land $ 184,000 � Building and improvements 1,039,595 Leasehold improvements Admiral Theatre building 3,948,862 Theatre equipment 461,465 Kitchen equipment 63,603 Office fiu�niture and equipment 38,656 Software 27.521 � Total property and equipment 5,763,702 Accumulated depreciation ,�2.194.0771 Total property and equipment,net � 3.569.625 ) � 9 i � ADNIIRAL THEATRE FOUNDATION NOTES TO THE FINANCIAL STATEMENTS � AUGUST 31,2014 , NOTE D—INVESTMENTS p The Foundation states its investments at their fair market values,which consist of the following: 2014 Endowment fund $ 273,519 Real estate held for sale 270.000 � Total investments � 543.519 The Foundation's endowment fund,which is composed of marketable securities, is carried at its fair value based on quoted prices in active mazkets in the Statement of Financial Position. Unrealized gains and losses are included in the change in net assets in the accompanying Statement of Activities. The Foundation initialIy records its real estate investments at the fair value as of the � dates the investments are donated and thereafter carries such investments primarily at their current appraised values. Upon sale of the real estate held as an investment, twenty percent of the proceeds, net of any carrying and closing costs,will be set aside in an administrative fund. The remaining portion of the � sales proceeds will be invested in the endowment fund. The terms of the distribution of the sales proceeds were established by the donor. � The endowment fund,as of August 31,2014,consists of the following: 3 Coat Fair Value Unrealized Gain Vanguard 500 Index Fund Investor Shares $ 173,594 $ 273,519 $ 99,925 � For the year ended August 31,2014,the endowment fund balance activity consisted of the following: Endowment Fund Balance, January 1,2014 $ 203,341 Contributions 17,937 � Investment Income Dividends 4,720 Unrealized gain 47.521 � Total investment income 52.241 � Endowment Fund Balance,December 31,2014 $ 273.519 10 � D ' ADMIRAY.THEATRE FOUNDATION ' NOTES TO THE FINANCIAL STATEMENTS p AUGUST 31,2014 NOTE E—LINE OF CREDIT � The Foundation has a line of credit with Kitsap Bank, which matures on January 20, 2015. As of August 31, 2014 this line of credit did not have an outstanding balance, but has $150,000 in funds available, which would be secured by the Foundation's inventory and equipment and would incur interest at the variable rate of WSJ prime rate plus 1.00%,with s minimum interest rate of 5.50%. � NOTE F—NOTES PAYABLE The Foundation has an outstanding note payable with Kitsap Bank. The Foundation has incwred $14,484 of interest expense for the year ended August 31, 2014. As of August 31, 2014, the note payable is as follows: � . 2014 Kitsap Bank promissory note - The Foundation will pay 59 regulaz payments of $1,147.55 each month and one lump sum payment due January 20, p 2016, incurs interest at a fixed rate of 6.25%, secured by a deed of t�ust for the property located at 514 Sth Street,Bremerton,WA 98337. $ 152,894 Kitsap Bank promissory note - The Foundation p will pay 59 regular payments of $760.73 each i month and one lump sum payment due May 1, 2024, incurs interest at a variable rate based on the Federal Home Loan Bank - 12th District 5 Year Fixed Rate plus a margin of 3.00% (5.070% at date � of signing), secured by all inventory, equipment, accounts, general intangibles, and fixtures located at 515 Pacific Avenue and 514 Sth Street, Bremerton,WA 98337. � 113.069 Total note payable 265,963 5 Less cun�ent portion __j7.8141 Note payable less current portion $ 258.149 Future maturity payments on the note payable is as follows: D 11 D � ADNIIRAL.TAEATRE FOUNDATION NOTES TO'I'�E FINANCIAL STATEMENTS a AUGUST 31,2014 NOTE F—NOTES PAYABLE(Continued) � Au�ust 31.2014 2015 7,814 2016 152,213 2017 3,846 � 2018 4,046 2019 4,256 � Thereafter 93.788 Total $ 265.963 6 NOTE G-TEMPORARII.Y RESTRICTED NET ASSETS There were no temporarily restricted donations received during the yeaz ended August 31, 2014. Therefore,as of August 31,2013,the Foundation had no temporarily restricted net assets. � NOTE H-PERMANENTLY RESTRICTED NET ASSETS There were no permanenfly restricted donations received during the year ended August 31, 2014. Therefore,as of August 31,2014,the Foundation had no permanendy restricted net assets. J NOTE I—BOARD DESIGNATED NE�'ASSETS The Board of Directors of the Foundation has restricted the use of net assets for building an endowment fund. The amount of net assets that have been restricted by the Board of Directs as of � August 31,2014 is$543,519. NOTE J—CONCENTRATIONS Under the operating agreement with the City of Bremerton(the City),the Foundation was entitled to � a financial contribution of at least $90,000 each calendar year provided that the City's lodgings tax generates at least that much. The amount of the contribution was reviewed every three years by City Council and could be renewed provided the Foundation had used the funds in a manner that the City deemed appropriate for promoting the best interest of the City, its citizens, and the lodgings tax enabling legislation. lluring the year the terms of this agreement were renegotiated, in which the � 12 � � ADNIIRAL THEATRE FOUNDATION NOTES TO THE FINANCIAL STATEMENTS � AUGUST 31,2014 NOTE J—CONCENTRATIONS(Continued) p City approved a five yeaz contract to pay the Foundation fixed payments of$150,000 each yeaz beginning January 1, 2013. During the yeaz ended August 31, 2014, the Foundation received total payments of $150,000,from the City. ' � NOTE K—RELATED PARTY On September 28, 1990, the Foundation entered into an operating agreement (the agreement) with the City to manage the Admiral Theatre facility for the purpose of operating a visual and performing arts center for public entertainment,education, and cultural events as well as to manage the rental of commercial spaces. In exchange for operating and managing the facility, the Foundation is not � required to make occupancy payments. The recognition of in-kind revenues and expenses under this agreement can be found in NOTE B - SUIVIMARY OF SIGNIFICANT ACCOUNTING POLICIES in the sub-section highlighting Donated Services and Materials. Under the agreement, the Foundation is entitled to retain all revenues collected from rental spaces, � concessions and admissions charges, net of City Admission taxes, if any. The City disclaims any interest in revenues generated through fund raising activities of the Foundation. The City, upon request, can use the Foundation's facilities for up to twelve days per yeaz for a nominal amount. • During the year ended August 31,2014,the City did not use the Foundation's facility. � The original term of the agreement was for ten yeazs with the Foundation's exclusive option to extend the agreement to forty years at the end of the first ten years. The First Addendum to the Operating Agreement, dated December 12, 2001, modified the agreement's term to expire September 27,2040. p The Foundation received a financial contribution of$150,000 from the City during the year ended August 31, 2014. The financial contribution is paid out of the lodgings tax funds generated by the City of Bremerton. (See NOTE J—CONCENTRATIONS) NOTE L—PENSION PLAN � As of January 1, 2006 the Foundation adopted a SIMPLE IR.A (the plan). All employees who are expected to receive at least$5,000 of compensation each calendar year are eligible to participate in the plan. The Foundation matched employee elective defenals on a dollaz for dollar basis up to 3% of each employee's annual compensation up to the applicable limit. The total matching contributions p incurred during the year ended August 31,2014 was$5,322. � 13 D D ADIVIIRAL THEATRE FOUNDATION NOTES TO THE FINANCIAI,STATEMENTS � AUGUST 31,2014 NOTE L—FAIIt VALUE MEASUREMENTS � The Financial Accounting Standards Boazd(FASB)Accounting Standard Codification(ASC) 820- 201, effective July 1, 2008, establishes a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure fair value. This hierarchy consists of three broad levels: Level 1 inputs consist of unadjusted quoted prices in active markets for identical assets and have the highest priority,Leve12 inputs consist of observable inputs other than quoted prices for identical assets,and p Level 3 inputs have the lowest priority. Admiral Theatre Foundation uses appropriate valuation � techniques based on the available inputs to measure fair value of its investment. When available, the Organization measures fair value using Level 1 inputs because they generally provide the most reliable evidence of fair value. Level 2 and 3 inputs are used only when Level 1 inputs are not available. D The following table presents the fair value measurements of assets recognized in the accompanying � statements of financial position measured at fair value on a recwrring basis and the level within the fair value hierarchy in which the fair value measurements fall at December 31,2013. Levell Leve12 Level3 Total ►� The Vanguard Group $ 273,519 $ - $ - $ 273,519 Land Available for Sale - - 270.000 270.000 Total ��273:519 $ $ 274.000 $ 543.519 � Following is a description of the valuation methodologies used for assets measured at fair value on a recurring basis and recognized in the accompanying statements of financial position, as well as the general classification of such assets pursuant to the valuation hierarchy. Level l Fair Value Measurement D The fair value of Level l inves�ent is based on quoted market prices. Leve13 Fair Valne Measurement The fair value of Level 3 investments is based on the latest property valuation completed by an �1 authorized third parly. D 14 D � ADNIIRAL THEATRE FOUNDATION NOTES TO THE FIN�lNCIAI�STATEMEN'I'S � AUGUST 31,2014 NOTE L—SUBSEQUENT EVENTS � The Foundation's management reported that the land held for sale as part of the Foundadon's investment account was sold on September 4, 2014 for $325,000. The commissions, title and escrow fees, county recording charges, and netting prorated pmperty taxes accumulated to a cost of $25,336. A portion of the proceeds from this sale were used to pay off the note payable to Kitsap Bank on September 24,2014 in the amount of$154,179. � There were no other subsequent events detected as of December 31, 2014, which is the date the compilation report was issued. � D D D � D D 15 9 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Study Session Date: 9/23/15 Agreement with McClure Consulting, LLC COUNCIL MEETING Date: 10/7/15 Department: PW&U Presenter: Chal Martin Phone: (360) 473-5758 SUMMARY: This Professional Services Agreement will provide support to City elected officials and staff in pursuit of project funding. ATTACHMENTS: Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): The $60,000 expense is estimated based on an expected average level of consultant effort of 6 hours per week, $120 per hour. This results in a contract length of about a year and a half. Funding for 2015 (expected to be approximately$10,000) is budgeted and will come from several sources, including General Fund, $3,000; Street Fund, $4,000; Stormwater Fund, $1,500; and Sewer Fund, $1,500. Funding for 2016 (approximately $40,000) has been included in the preliminary expense budgets; anticipated charges will be to the General Fund, $4,000; Street Fund, $10,000; Stormwater Fund, $3,000; Wastewater Capital Fund (UGA Sewering), $13,000; Water Fund (Forestry) $10,000. 2017 charges (approximately $10,000) are expected to be drawn from the same line items as 2016. STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda � General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve a Professional Serviced Agreement with McClure Consulting, LLC; 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 PROFESSIONAL SERVICES AGREEMENT McClure Consulting, LLC The City of Bremerton ("City") and McClure Consulting, LLC ("Consultant"), referred to collectively as the"Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated October 7, 2015, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement, and continue until December 31, 2016. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be �nanted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $60,000. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payrnent until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Bremerton/McClure Consulting LLC Rev. 8/15 Page 1 of 11 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is perfortning independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payrnents due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers hannless 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 that portion of the injuries and damages caused by the City's sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, En�ineers and Anv Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Ageement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFIGALLY AND EXPRESSLY UNDERSTOOD THAT THE 1NDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY Bremerton/McClure Consulting LLC Rev. 8/15 Page 2 of 11 FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and 3. Excess Liabilitv insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a"claims-made"basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary insurance as respects the City and it shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473- 5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, Bremerton/McClure Consulting LLC Rev. 8/15 Page 3 of 11 345 6th Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Kingston, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Ageement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photo�raphs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss Bremerton/McClure Consulting LLC Rev. 8/15 Page 4 of 11 of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: T'he Consultant shall perform the work authorized under this Agreement at its offices in Kingston, Washington, or at other locations depending on the nature of the task (i.e., meetings or presentations). Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire A�reement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severabilitv: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument si�med by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Consultant Address J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be ' deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict perfortnance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. Bremerton/McClure Consulting LLC Rev. 8/15 Page 5 of 11 N. Attornevs' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscriinination: Consultant shall not discriminate in employrnent or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-perfortning Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Ageement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Ri ts Upon Termination: In the event of termination, the City shall pay for all services performed by the.Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. Bremerton/McClure Consulting LLC Rev. 8/15 Page 6 of 11 X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. CITY OF BREMERTON CONSULTANT By: By: its: its: Date: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk R:\Legal'�•.Lcgal\Contracts'�F'ORMS\Profcssional Services Agreemcnt Form 12015)-2 doc Bremerton/McClure Consulting LLC Rev. 8/15 Page 7 of 11 Exhibit A Scope of Work October 7, 2015 1. Consultant will assist the City in identifying and pursuing capital project funding: • Focus on project funding for projects developed, programmed and constructed in the 2017—2025 time frame • Identify and facilitate capital project funding partnerships for regionally significant, multi-jurisdictional projects within the City • Develop strategies to maximize outside funding for City capital projects. Potential funding avenues are: o Partnerships with the Port of Bremerton; Kitsap County PUD; Kitsap Transit; Kitsap County; the Washington State Department of Transportation, and others o Direct appropriation through State Capital, O&M, or Transportation budgets o Federal funding from federal agency program sources o Federal funding through the next version of the federal transportation bill, expected to be finalized in 2016 o Water quality funding(stormwater) from State-sourced revenue through Washington State Department of Ecology programs; or federally-sourced water quality revenue o Water quality funding(sewer) from State-sourced revenue through Washington State Department of Ecology programs; or federally-sourced water quality revenue • Utilize the City's capital program listings to develop and help implement funding strategies • The following lists are not all-inclusive but representative of City capital projects which will likely attract outside funding: o Stortnwater ■ Schley Canyon habitat restoration/ safety retrofit ■ Water quality partnerships— fish passage, shellfish restoration, stormwater quality retrofit projects o Streets ■ Bridge to Bridge Corridor ■ Regional (City) Centers: transportation improvements and connectivity ■ Bus Rapid Transit (SR-303 Corridor) ■ Warren Avenue Bridge retrofit and repair ■ Warren Avenue Bridge sidewalk retrofit north of bridge ■ Warren Avenue Bridge pedestrian undercrossing, south bridge approach o Forestry ■ Regional Trail System: Jarstad Park to Kitsap Lake shared use trail segment o Sewer � ■ UGA sewering: joint effort with Kitsap County; Rocky Point Water District; Ecology Centennial Clean Water grant program Bremerton/McCiure Consulting LLC Rev. 8/15 Page8of11 � 2. Consultant will assist with regional partnership efforts: • West Sound Alliance initiative • Defense Industrial Corridor initiative 3. Consultant will assist with marketing Bremerton: • Assist with strategic communication and messaging • Assist with implementation of the"Move to Bremerton" concept • Assist with regional planning 4. Consultant will assist the Mayor, Council, and staff by providing up-to-date information to the City's representatives in preparation for the various Puget Sound Regional Council meetings. Consultant's primary point of contact is the City's Public Works Director. The Public Works Director is responsible for administering this contract. Bremerton/McClure Consulting LLC Rev. 8/15 Page9of11 Exhibit B - Work Schedule Consultant will be directed to engage on each task by individual written task order. Task orders will be issued by the City's Public Works Director. Billed hours will vary by task and by week, from zero hours to 40 hours or more. On average, Consultant time envisioned in this contract is expected to average 6 hours per week. Bremerton/McClure Consulting LLC Rev. 8/15 Page 10 of 11 Exhibit C Fee Schedule Task/Staff Rate � Principal $120/hr Reimbursables • Travel Federal Government Rate (outside 50-mile radius) Consultant will provide a detailed invoice to the City quarterly. Bremerton/McClure Consulting LLC Rev. 8/15 Page 11 of 11 From: Lori Smith on behalf of City Council Sent: Monday, September 28, 2015 11:12 AM To: City Council Subject: FW: Response to Request for Information - PSA with McClure Consulting LLC (Roy Runyon) Attachments: 150914 McClure SOQ Bremerton.pdf Attn: Council Members(FYI) A printed copy of the attached document has been added to your Council Packet for Item 7C. Thanks, Lori From: Chal Martin Sent: Monday, September 28, 2015 6:59 AM To: Roy Runyon Cc: City Council; Patty Lent Subject: RE: Professional Services Agreement with McClure Consulting LLC Chal A. Martin, P.E. Director, Public Works and Utilities Department City of Bremerton (360)473-5758/(360)473-5018 Fax chal.martin@ci.bremerton.wa.us Froen: Roy Runyon Sent: Friday, September 25, 2015 8:22 PM To: Chal Martin Cc: City Council; Roy Runyon Subject: Professional Services Agreement with McClure Consulting LLC Chal, Please provide a statement of qualifications provided by McClure Consulting LLC demonstrating the company's expertise, knowledge and/or experience related to the topics listed in the Scope of Work (Exhibit A). ,I searched for a website for the company but could not find a company website or any summary that shows the firm is truly qualified to perform the Scope of Work which I've excerpted from the PSA and included below in red... Thanks, Roy Exhibit A Scope of Work October 7,2015 1.Consultant will assist the City in identifying and pursuing capital project funding: • Focus on project funding for projects developed,programmed and constructed in the 2017—2025 time frame • Identify and facilitate capital project funding partnerships for regionally significant, multi jurisdictional projects within the City • Develop strategies to maximize outside funding for City capital projects. Potential funding avenues are: 1 o Partnerships with the Port of Bremerton;Kitsap County PUD;Kitsap Transit; Kitsap County;the Washington State Department of Transportation,and others o Direct appropriation through State Capital,O&M,or Transportation budgets o Federal funding from federal agency program sources o Federal funding through the next version of the federal transportation bill, expected to be finalized in 2016 o Water quality funding(stormwater)from State-sourced revenue through Washington State Department of Ecology programs;or federally-sourced water quality revenue o Water quality funding(sewer)from State-sourced revenue through Washington State Department of Ecology programs;or federally-sourced water quality revenue • Utilize the City's capital program listings to develop and help implement funding strategies • The following lists are not all-inclusive but representative of City capital projects which will likely attract outside funding: o Stormwater • Schley Canyon habitat restoration/safety retrofit • Water quality partnerships—fish passage,shellfish restoration, stormwater quality retrofit projects o Streets • Bridge to Bridge Corridor • Regional(City)Ceriters:transportation improvements and connectivity • Bus Rapid Transit(SR-303 Corridor) • Warren Avenue Bridge retrofit and repair • Warren Avenue Bridge sidewalk retrofit north of bridge • Warren Avenue Bridge pedestrian undercrossing,south bridge approach o Forestry • Regional Trail System: Jarstad Park to Kitsap Lake shared use trail segment o Sewer • UGA sewering:joint effort with Kitsap County;Rocky Point Water District;Ecology Centennial Clean Water grant program Bremerton/McClure Consulting LLC Rev. 8/15 Page 9 of 11 2.Consultant will assist with regional partnership efforts: • West Sound Alliance initiative • Defense Industrial Corridor initiative 3.Consultant will assist with marketing Bremerton: • Assist with strategic communication and messaging • Assist with implementation of the"Move to Bremerton"concept • Assist with regional planning 4.Consultant will assist the Mayor,Council,and staff by providing up-to-date information to the City's representatives in preparation for the various Puget Sound Regional Council meetings. 2 McClure Consulting LLC Description of Services McClure Consulting LLC in Kitsap County is an inter-agency facilitation and project management firm with in-depth experience in transportation projects and planning. Primary areas of activity are in the public planning and development industries: • Public policy development in the 13 areas of growth management including transportation, land use and economic development. • Public infrastructure development and siting, including transportation (transit, highway, ferry, airport), utilities, solid waste, corrections, parks& recreation facilities, and flood damage control. • Public services programming, including transit, health care, recreation, and education. • Urban/rural development issues, including consumer retail, commercial siting, residential patterns, and open space preservation. McClure Consulting LLC provides four basic areas of service, typically drawing on two or more for a single assignment: • Liaison and coordination among local, regional, and state governments and agencies, including negotiating sensitive inter-agency agreements, maintaining information and schedule connectivity, trouble-shooting on-going consortium relationships. • Facilitation and administrative support to policy, technical committees, expert panels, stakeholder groups, and Blue Ribbon Commissions, typically involving elected and appointed officials, senior agency staff, and/or civic leaders. Strategic planning for organization and policy objectives; policy formulation; development of funding priorities and strategy. • Executive Management Services for small organizations, including executive-level leadership, project management and coordination, program planning, organizational administration. • Design and management of communications and public participation processes, including citizen education & information; the full range of survey methods; public meetings, workshops &open houses;focus groups and key person interviews; media relations; brochures, newsletters, & newspaper inserts. McClure Consulting LLC is a legal partnership registered in Washington State. Mary McClure, Managing Partner, can be reached at: 360-297-4300 P.O. Box 1924 Kingston, WA 98346 Mary@McClureLLC.com TRANSPORTATION, COMMUNITY DEVELOPMENT, & ECONOMIC DEVELOPMENT EXPERIENCE • KITSAP REGIONAL COORDINATING COUNCIL: From 1999 through June, 2015, McClure Consulting LLC fulfilled an Executive Services Management contract, providing full staffing and serving as Executive Director of the Kitsap Regional Coordinating Council,the council of local governments in Kitsap County—including the County, Cities, Kitsap Tribes, Naval Base Kitsap, and the Port of Bremerton. Her responsibilities involved overall agency management, inter-agency coordination in the areas of transportation, land use, broadband planning (including development of the public agency intra-net Kit�Net), municipal finance, legislative coordination with Olympia, and public works. Of particular note: ❖ In-depth experience with Puget Sound Regional Council as Kitsap's Countywide Chair, member of Regional Project Evaluation Committee, Regional Staff Committee, and numerous special committees and task forces since 2000. ❖ Developed Kitsap approach to use of federal funds and managed program since 1993. ❖ Developed and facilitated the 2014-2015 West Sound Alliance with public/ private partners, drawing upon regional transportation planning& project priorities to support State-level lobbying program. ❖ Coached individual jurisdictions in preparation & presentation of project funding applications. ❖ Knowledgeable &strategic re: multiple funding sources • BREMERTON TRANSPORTATION CENTER AT SINCLAIR LANDING: Executive Director& project staffing for non-profit Sinclair Landing Association, coordinating among public partners (City of Bremerton, Kitsap County, Kitsap Transit, Port of Bremerton, State of Washington) and private developer for downtown waterfront redevelopment project. Managed legal &financial negotiations among partners and private developer, community relations program, as well as project permitting. • SR 3/304 BREMERTON FERRY TERMINAL TO GORST EIS: In conjunction with Parametrix, Inc. responsible for inter-agency and community involvement program for major transportation infrastructure project, including ferry terminal interface, highway, road, transit, HOV, and pedestrian solutions. Program included Citizen Advisory Committee, community open houses, interviews with business owners, media relations, surveys, and agency steering committees at policy& staff levels. Lead Agency: City of Bremerton + WSDOT, Kitsap Transit, Puget Sound Naval Shipyard, FHWA,TIB - • KITSAP PASSENGER ONLY FERRY PANEL: Facilitated Blue Ribbon Task Force of community leaders and senior staff to evaluate potentials and identify strategies to accelerate passenger only ferry service to Kitsap County. Included liaison with State Legislature. Lead Agency: Kitsap Transit • FERRY ADVISORY COMMITTEES'ANNUAL RETREAT: Evaluated realistic role for State- legislated FAC's, including increased responsibility as community liaisons. Lead Agency: Washington State Ferries • KINGSTON TRAFFIC DESIGN STUDY: In conjunction with Hewitt Isley, designed and managed public involvement program including Citizen Advisory Committee, community open houses&surveys, media relations. Lead Agency: Kitsap County+WSDOT, Kitsap Transit • SOUTH KITSAP RURAL DESIGN STUDY: In conjunction with Hewitt Isley, planning& implementation of community involvement, including citizen steering committee and public meetings. Lead Agency: Kitsap County Dept. of Community Development • BAINBRIDGE ISLAND MULTI-MODAL FERRY TERMINAL DESIGN STUDY: In conjunction with Sverdrup Civil Engineering, managed public involvement element including community open houses and project newsletters. Facilitation of inter-agency technical committees. Lead Agency: Washington State Ferries+ Bainbridge Island In addition to a depth of Economic Development expertise external to Kitsap County [including new business venture feasibility, business location, downtown re-development], Mary has provided leadership in Kitsap, especially over the past 15 years. For example: • Sinclair Landing Association for Bremerton re-development (1995—1998) Executive Director • Kitsap Business Development Consortium Strategic Plan, Lead Author(2008) • Kitsap 20/20: Strategy for Sustainable Economy for Kitsap Economic Development Alliance,Team Leader(2006) • Kitsap Economic Development Alliance, ex officio Board Member(2010—present) About Mary McClure Mary McClure has 40+years' experience in facilitation, research, communication, marketing and public involvement/outreach planning. Her forte is developing innovative methods to explore complex public issues and facilitating teams to "make things happen." During the past 20 years, Ms. McClure has focused on inter-agency partnering, facilitation, negotiation and liaison. During 1999-2015, Ms. McClure provided executive management services to the Kitsap Regional Coordinating Council, the council of local governments in Kitsap County. Employment Summary 1989-2015 McClure Consulting LLC Principal& Managing Partner, Kingston, WA. 1983-88 Planning Resources, Inc. President& Owner, Seattle, WA Firm provided marketing, communication and process planning services to public & private clients, including survey research, employee participation programs, facilitation and public input programs, feasibility studies, corporate image programs. 1984 Antioch University Instructor, Applications of Survey Research to Urban Planning Graduate School of Urban Design, Seattle 1983 University of Puget Sound Instructor, Market Research Methods Graduate School of Business, Marketing Division 1979-82 McClure Ziz Int. President& Co-Owner, Seattle, WA Marketing &opinion research firm providing survey research to public sector clients in areas of transportation (Metro Transit, WSDOT, City of Seattle), policy planning & land use (City of Seattle, King County), and to private clients in the financial industry. 1977-78 Gilmore Research Group Account Executive, Seattle, WA Marketing &opinion research firm. McClure's focus: land use planning issues, health care, public agency assessments & program design, policy planning, and economic& downtown (re)development. 1976-77 J.Walter Thompson Advertising Research Supervisor, N.Y. 1971-75 AHF Research Company Account Supervisor, N.Y. 1969-70 A.C. Nielsen Company Statistical Analyst, N.Y. EduCBtiOn Fordham University, B.A., Social Sciences, 1977 From: Lori Smith on behalf of City Council Sent: Monday, September 28, 2015 11:12 AM To: City Council Subject: FW: Response to Request for Information - PSA with McClure Consulting LLC (Roy Runyon) Attachments: 150914 McClure SOQ Bremerton.pdf Attn: Council Members(FYI) A printed copy of the attached document has been added to your Council Packet for Item 7C. Thanks, Lori From: Chal Martin Sent: Monday, September 28, 2015 6:59 AM To: Roy Runyon Cc: City Council; Patly Lent Subject: RE: Professional Services Agreement with McClure Consulting LLC Chal A. Martin, P.E. Director, Public Works and Utilities Department City of Bremerton (360)473-5758/(360)473-5018 Fax chal.martin@ci.bremerton.wa.us � From: Roy Runyon Sent: Friday, September 25, 2015 8:22 PM To: Chal Martin Cc: City Council; Roy Runyon Subject: Professional Services Agreement with McClure Consulting LLC Chal, Please provide a statement of qualifications provided by McClure Consulting LLC demonstrating the company's expertise, knowledge and/or experience related to the topics listed in the Scope of Work (Exhibit A). I searched for a website for the company but could not find a company website or any summary that shows the firm is truly qualified to perform the Scope of Work which I've excerpted from the PSA and included below in red... Thanks, Roy Exhibit A Scope of Work October 7,2015 1.Consultant will assist the City in identifying and pursuing capital project funding: • Focus on project funding for projects developed,programmed and constructed in the 2017—2025 time frame 1 • Identify and facilitate capital project funding partnerships for regionally significant, multi jurisdictional projects within the City • Develop strategies to maximize outside funding for City capital projects. Potential funding avenues are: o Partnerships with the Port of Bremerton;Kitsap County PUD;Kitsap Transit; Kitsap County;the Washington State Department of Transportation,and others o Direct appropriation through State Capital,O&M,or Transportation budgets o Federal funding from federal agency program sources o Federal funding through the next version of the federal transportation bill, expected to be fmalized in 2016 o Water quality funding(stormwater)from State-sourced revenue through Washington State Department of Ecology programs;or federally-sowced water quality revenue o Water quality funding(sewer)from State-sourced revenue through Washington State Department of Ecology programs;or federally-sourced water quality revenue • Utilize the City's capital program listings to develop and help implement funding strategies • The following lists are not all-inclusive but representative of City capital projects which will likely attract outside funding: o Stormwater • Schley Canyon habitat restoration/safety retrofit Water quality partnerships—fish passage,shellfish restoration, stormwater quality retrofit projects o Streets . . • Bridge to Bridge Corridor Regional(City)Centers: transportation improvements and connectivity • Bus Rapid Transit(SR-303 Corridor) Warren Avenue Bridge retrofit and repair • Warren Avenue Bridge sidewalk retrofit north of bridge Warren Avenue Bridge pedestrian undercrossing,south bridge approach o Forestry Regional Trail System:Jarstad Park to Kitsap Lake shared use trail segment o Sewer UGA sewering:joint effort with Kitsap County;Rocky Point Water District;Ecology Centennial Clean Water grant program Bremerton/McClure Consulting LLC Rev. 8/15 Page 9 of 11 2.Consultant will assist with regional partnership efforts: • West Sound Alliance initiative • Defense Industrial Corridor initiative 3.Consultant will assist with marketing Bremerton: • Assist with strategic communication and messaging • Assist with implementation of the"Move to Bremerton"concept • Assist with regional planning 4.Consultant will assist the Mayor,Council,and staff by providing up-to-date information to the City's representarives in preparation for the various Puget Sound Regional Council meetings. 2 • McClure Consulting LLC Description of Services McClure Consulting LLC in Kitsap County is an inter-agency facilitation and project management firm with in-depth experience in transportation projects and planning. Primary areas of activity are in the public planning and development industries: • Public policy development in the 13 areas of growth management including transportation, land use and economic development. • Public infrastructure development and siting, including transportation (transit, highway, ferry, airport), utilities, solid waste, corrections, parks& recreation facilities, and flood damage control. • Public services programming, including transit, health care, recreation, and education. • Urban/rural development issues, including consumer retail, commercial siting, residential patterns, and open space preservation. McClure Consulting LLC provides four basic areas of service, typically drawing on two�or more � for a single assignment: • Liaison and coordination among local, regional, and state governments and agencies, including negotiating sensitive inter-agency agreements, maintaining information and schedule connectivity, trouble-shooting on-going consortium relationships. • Facilitation and administrative support to policy,technical committees, expert panels, stakeholder groups, and Blue Ribbon Commissions, typically involving elected and appointed officials, senior agency staff, and/or civic leaders. Strategic planning for organization and policy objectives; policy formulation; development of funding priorities and strategy. • Executive Management Services for small organizations, including executive-level leadership, project management and coordination, program planning, organizational administration. • Design and management of communications and public participation processes, including citizen education & information; the full range of survey methods; public meetings, workshops &open houses; focus groups and key person interviews; media relations; brochures, newsletters, & newspaper inserts. McClure Consulting LLC is a legal partnership registered in Washington State. Mary McClure, Managing Partner, can be reached at: 360-297-4300 P.O. Box 1924 Kingston, WA 98346 Mary@McClureLLC.com TRANSPORTATION, COMMUNITY DEVELOPMENT, & ECONOMIC DEVELOPMENT EXPERIENCE • KITSAP REGIONAL COORDINATING COUNCIL: From 1999 through June, 2015, McClure Consulting LLC fulfilled an Executive Services Management contract, providing full staffing and serving as Executive Director of the Kitsap Regional Coordinating Council, the council of local governments in Kitsap County—including the County, Cities, Kitsap Tribes, Navai Base Kitsap, and the Port of Bremerton. Her responsibilities involved overall agency management, inter-agency coordination in the areas of transportation, land use, broadband planning (including development of the public agency intra-net Kit�Net), municipal finance, legislative coordination with Olympia, and public works. Of particular note: ❖ In-depth experience with Puget Sound Regional Council as Kitsap's Countywide Chair, member of Regional Project Evaluation Committee, Regional Staff Committee, and numerous special committees and task forces since 2000. ❖ Developed Kitsap approach to use of federal funds and managed program since 1993. • ❖ Developed and facilitated the 2014-2015 West Sound Alliance with public/ private partners, drawing upon regional transportation planning& project priorities to support State-level lobbying program. ❖ Coached individual jurisdictions in preparation & presentation of project funding applications. ❖ Knowledgeable &strategic re: multiple funding sources • BREMERTON TRANSPORTATION CENTER AT SINCLAIR LANDING: Executive Director& project staffing for non-profit Sinclair Landing Association, coordinating among public partners (City of Bremerton, Kitsap County, Kitsap Transit, Port of Bremerton, State of Washington) and private developer for downtown waterfront redevelopment project. Managed legal &financial negotiations among partners and private developer, community relations program, as well as project permitting. • SR 3/304 BREMERTON FERRY TERMINAL TO GORST EIS: In conjunction with Parametrix, Inc. responsible for inter-agency and community involvement program for major transportation infrastructure project, including ferry terminal interface, highway, road, transit, HOV, and pedestrian solutions. Program included Citizen Advisory Committee, community open houses, interviews with business owners, media relations, surveys, and agency steering committees at policy&staff levels. Lead Agency: City of Bremerton + WSDOT, Kitsap Transit, Puget Sound Naval Shipyard, FHWA, TIB • KITSAP PASSENGER ONLY FERRY PANEL: Facilitated Blue Ribbon Task Force of community leaders and senior staff to evaluate potentials and identify strategies to accelerate I passenger only ferry service to Kitsap County. Included liaison with State Legislature. Lead Agency: Kitsap Transit • FERRY ADVISORY COMMITTEES'ANNUAL RETREAT: Evaluated realistic role for State- legislated FAC's, including increased responsibility as community liaisons. Lead Agency: Washington State Ferries • KINGSTON TRAFFIC DESIGN STUDY: In conjunction with Hewitt Isley, designed and managed public involvement program including Citizen Advisory Committee, community open houses &surveys, media relations. Lead Agency: Kitsap County+WSDOT, Kitsap Transit • SOUTH KITSAP RURAL DESIGN STUDY: In conjunction with Hewitt Isley, planning& implementation of community involvement, including citizen steering committee and public meetings. Lead Agency: Kitsap County Dept. of Community Development • BAINBRIDGE ISLAND MULTI-MODAL FERRY TERMINAL DESIGN STUDY: In conjunction with Sverdrup Civil Engineering, managed public involvement element including community open houses and project newsletters. Facilitation of inter-agency technical committees. Lead Agency: Washington State Ferries+ Bainbridge Island In addition to a depth of Economic Development expertise external to Kitsap County [including new business venture feasibility, business location, downtown re-development], Mary has provided leadership in Kitsap, especially over the past 15 years. For example: • Sinclair Landing Association for Bremerton re-development (1995 —1998) Executive Director • Kitsap Business Development Consortium Strategic Plan, Lead Author (2008) • Kitsap 20/20: Strategy for Sustainable Economy for Kitsap Economic Development Alliance, Team Leader(2006) • Kitsap Economic Development Alliance, ex officio Board Member (2010—present) About Mary McClure Mary McClure has 40+years' experience in facilitation, research, communication, marketing and public involvement/outreach planning. Her forte is developing innovative methods to explore complex public issues and facilitating teams to "make things happen." During the past 20 years, Ms. McClure has focused on inter-agency partnering,facilitation, negotiation and liaison. During 1999-2015, Ms. McClure provided executive management services to the Kitsap Regional Coordinating Council, the council of local governments in Kitsap County. Employment Summary 1989-2015 McClure Consulting LLC Principal& Managing Partner, Kingston, WA. 1983-88 Planning Resources, Inc. President& Owner, Seattle, WA Firm provided marketing, communication and process planning services to public& private clients, including survey research, employee participation programs, facilitation and public input programs, feasibility studies, corporate image programs. 1984 Antioch University Instructor, Applications of Survey Research to Urban Planning Graduate School of Urban Design, Seattle 1983 University of Puget Sound Instructor, Market Research Methods Graduate School of Business, Marketing Division 1979-82 McClure Ziz Inc. President& Co-Owner, Seattle, WA Marketing&opinion research firm providing survey research to public sector clients in areas of transportation (Metro Transit, WSDOT, City of Seattle), policy planning& land use (City of Seattle, King County), and to private clients in the financial industry. 1977-78 Gilmore Research Group Account Executive, Seattle, WA Marketing&opinion research firm. McClure's focus: land use planning issues, health care, public agency assessments& program design, policy planning, and economic&downtown (re)development. 1976-77 J.Walter Thompson Advertising Research Supervisor, N.Y. 1971-75 AHF Research Company Account Supervisor, N.Y. 1969-70 A.C. Nielsen Company Statistical Analyst, N.Y. EduCatiOn Fordham University, B.A., Social Sciences, 1977