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HomeMy WebLinkAbout08/12/2020 STUDY SESSION PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280 * * * A M E N D E D * * * AUGUST 12, 2020 CITY COUNCIL STUDY SESSION AGENDA 5:00 PM – via Zoom Webinar To help reduce the spread of COVID-19, the City Council is conducting a Study Session via Zoom Webinar. The Council Conference Room 603 will be closed, and all Council Members and staff will be participating remotely. The Study Session is open to the public to listen in, but there will be no opportunities for input; no action is anticipated; and the content of these items is subject to change. If approved by the Council, items will be placed on the August 19, 2020 City Council Meeting Agenda…  Members of the public are invited to join the Zoom webinar by clicking on the following link: https://us02web.zoom.us/j/85438018914?pwd=ZDhSQndaQ1Z4T1JQTzRVQzJ2Yzg2dz09 Password: 209823  Or iPhone one-tap: US: +12532158782,,85438018914#,,,,,,0#,,209823# or +13462487799,,85438018914#,,,,,,0#,,209823#  Or Telephone: Dial (for higher quality, dial a number based on your current location): +1 360 415 1029… +1 253 215 8782 US… +1 301 715 8592 US Webinar ID: 854 3801 8914 Password: 209823 Citizens are always encouraged to send questions and comments to: City.Council@ci.bremerton.wa.us A. BRIEFINGS ON AGENDA ITEMS 1. Local Agency Contract with Tucci & Sons, Inc. for the 6th Street Phase I Pavement Preservation Project for Street Improvements between Callow Avenue and Naval Avenue 2. Professional Services Agreement with Parametrix Inc., for the Ostrich Bay Creek Stormwater Treatment Project 3. Supplemental Agreement No. 5 with Parametrix, Inc. for the Kitsap Lake Elementary Safe Routes to School Project 4. Public Works Agreement with Industrial Coatings Unlimited, LLC for Steel Reservoir Exterior Coating Maintenance (2020) 5. Interlocal Agreement Work-Order with Kitsap County for 2020 Striping Services 6. Confirm Appointment of Asia Creech to the Arts Commission B. GENERAL COUNCIL BUSINESS o Finance & Parking Committee Briefing (07/28/20 Meeting) – Chair Michael Goodnow o Race & Equity Advisory Committee Briefing (08/11/20 Meeting) – Chair Leslie Daugs o Other General Council Business C. ADJOURNMENT OF STUDY SESSION AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: August 12,2020 Local Agency Contract with Tucci & Sons, Inc. for the 6th Street Phase I Pavement Preservation Project for Street Improvements between Callow Avenue and Naval Avenue COUNCIL MEETING Date: August 19,2020 Department: PW & Utilities Presenter: Chris Dimmitt Phone: (360) 473-2307 SUMMARY: Bids were opened for the project on August 5, 2020 and 6 bids were received. Tucci & Sons Inc. is the lowest responsive, responsible bidder with their base bid plus alternate totaling $846,810. The alternate item is fiberglass pavement reinforcement which totals $115,164. The Washington State Department of Transportation is required to concur with the City’s recommendation to award the contract, and the City is currently awaiting that concurrence. Staff have recommended the bid plus the alternate for approval. The contract is in WSDOT standard format as required for Federal Aid Projects; the complete contract is available for review in the Engineering Office. The project includes pavement grinding and overlay (with an optional pavement reinforcement alternate), pavement markings, ADA curb ramp upgrades, and other related street improvements between Callow Avenue and Naval Avenue. ATTACHMENTS: 1) Site Plan; 2) Bid Tabulation; 3) Contract FISCAL IMPACTS (Include Budgeted Amount): This project is included in the 2020 Capital Budget for $631,000. An increase of $300,000 to the project budget is required, and will come from REET at $220,000, and $80,000 from fund balance. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to award a contract with Tucci and Sons Inc. for the 6th Street Phase I Pavement Preservation Project in the amount of $846,810, including sales tax; and move to approve a $300,000 increase in the Transportation Capital Project Fund for the 6th Street Phase I project, 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 01/02/2018 A1 GRIND IN OVERLAY VICINITY MAP AND TYPOCAL VICINITY MAP & TYPICAL SECTIONS 10.5 10.5 10.5 10.5 5.5' 5.5' CITY OF BREMERTON BID TABULATION BOND BASE BID + ALTERNATE TOTALNAME OF BIDDER OPENED BY: 8/5/2020 TIME OPENED: 6th Street Phase I Pavement Preservation 3:00 PM Angela Hoover Angela Hoover Tucci and Sons Inc. Y 846,810 Granite Construction Y $864,823.40 Miles Resources Y $895,936.75 South Pacific Construction Y $910,469 Lakeside Industries Y $911,190.65 NW Cascade Inc Y $940,940 BID TITLE: SECOND LOW BIDDER $864,823.40 THIRD LOW BIDDER $895,936.75 DATE OPENED:RECORDED BY: $822,678 ENGINEER ESTIMATE (INC SALES TAX) APPARENT LOW BIDDER $846,810 SUMMARY 6th Street Preservation Phase I (Callow Ave to Naval Ave) I-53 July 13, 2020 Contract Documentsand Contract Bond Forms LOCAL AGENCY CONTRACT (WSDOT FORM 272-006A) 6th Street Preservation Phase I (Callow Ave to Naval Ave) I-54 July 13, 2020 Contract Documentsand Contract Bond Forms •Construct 12 Curb Ramps, upgrade signal detection, grind and overlay of pavement surface •Award of Alternate Bid Item: Fiberglass pavement reinforcement •Reinforcement will extend the longevity of the roadway, decrease maintenance, and increases structural capacity •Strongly recommended by consultant designer and city staff •Project was designed to be forward compatible with future road configurations Example of Fiberglass Pavement Reinforcement Cost: •Updated total project cost, $1.085 Million •Construction, $955K; •Tucci and Sons Contract = $847K which includes $115K for pavement reinforcement •Construction Management Costs = 108K •STP Grant = $640K ; City Match =$445K •Budget Amendment is $300K funded from REET ($220K) and Fund Balance ($80K) AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: August 12, 2020 Professional Services Agreement with Parametrix Inc., for the Ostrich Bay Creek Stormwater Treatment Project COUNCIL MEETING Date: August 19, 2020 Department: PW/Engineering Presenter: Gunnar Fridriksson Phone: (360) 473-5758 SUMMARY: This agreement is to provide final design and construction services for the Ostrich Bay Creek Stormwater Treatment Construction project for $75,000. This project was designed up to a 90% design package by Parametrix under a previous contract that expired in 2018. The City has now received funding from the Washington State Department of Ecology (DOE) to complete the project through construction. ATTACHMENTS: 1) Professional Services Agreement with Parametrix, Inc. FISCAL IMPACTS (Include Budgeted Amount): This agreement is not to exceed $75,000.00 and is included in the project budget. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Professional Services Agreement with Parametrix, Inc. for the Ostrich Bay Creek Stormwater Treatment Final Design and Construction Support Services for $75,000; 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 01/02/2018 A2 Page 1 of 7 Bremerton/Parametrix, Inc. Ostrich Bay Creek Stormwater Treatment Final Design and Construction Support Services Rev. 06/2020 PROFESSIONAL SERVICES AGREEMENT Ostrich Bay Creek Stormwater Treatment Final Design and Construction Support Services The City of Bremerton (“City”) and Parametrix, Inc. (“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 July 14, 2020, 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. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $ 75,000.00. 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 payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field Page 2 of 7 Bremerton/Parametrix, Inc. Ostrich Bay Creek Stormwater Treatment Final Design and Construction Support Services Rev. 06/2020 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 payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with 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, Engineers and Any 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 Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. Page 3 of 7 Bremerton/Parametrix, Inc. Ostrich Bay Creek Stormwater Treatment Final Design and Construction Support Services Rev. 06/2020 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-contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. 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 and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative Page 4 of 7 Bremerton/Parametrix, Inc. Ostrich Bay Creek Stormwater Treatment Final Design and Construction Support Services Rev. 06/2020 obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, 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. In the event that the Consultant employs other consultants or contractors (sub-consultants or sub-contractors) as part of the work covered by this Agreement, it shall be the Consultant’s responsibility to require and confirm that each sub-consultant or sub-contractor meets the minimum insurance requirements specified above. The Consultant shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. 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 Bremerton, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City’s sole risk. Page 5 of 7 Bremerton/Parametrix, Inc. Ostrich Bay Creek Stormwater Treatment Final Design and Construction Support Services Rev. 06/2020 C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. 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 of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Bremerton, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: 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 signed 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 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: Gunnar Fridriksson Attn: David Dinkuhn City of Bremerton Parametrix, Inc. 345 6th Street, Suite 100 60 Washington Avenue #390 Bremerton, WA 98337-1891 Bremerton, WA 98337 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 performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred Page 6 of 7 Bremerton/Parametrix, Inc. Ostrich Bay Creek Stormwater Treatment Final Design and Construction Support Services Rev. 06/2020 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. N. Attorneys’ Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney’s fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Equal Employment Opportunity Statement: In the hiring of employees for the performance of work under this Agreement, the Consultant, its subcontractors, or any person acting on behalf of Consultant shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. IX. ADA Statement: The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. X. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party’s sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, Page 7 of 7 Bremerton/Parametrix, Inc. Ostrich Bay Creek Stormwater Treatment Final Design and Construction Support Services Rev. 06/2020 equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B.Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. XI. 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. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON PARAMETRIX, INC By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: Roger A. Lubovich, Bremerton City Attorney Angela Hoover, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev. 06 2020.docx City of Bremerton 233-1896-8BI Ostrich Bay Creek Stormwater Treatment Construction A-1 July 2020 Scope of Work EXHIBIT A – SCOPE OF WORK City of Bremerton Ostrich Bay Creek Stormwater Treatment Construction INTRODUCTION This scope of work (SOW) presents Parametrix’s proposed tasks for providing final design and construction services for the Ostrich Bay Creek Stormwater Treatment Construction project. Final design will consist of review of the 90% design package prepared by Parametrix under a previous contract and updating the package for bidding in early spring 2021. Work activities are described below. A proposed budget for the work is provided in attached Exhibit C. TASK 1 – PROJECT MANAGEMENT AND MEETINGS Objective Continue to obtain project data; monitor and manage scope, schedule, and budget; and periodically meet with the City of Bremerton (City) and other members of the design team to review project status. Activities The following activities will be performed: •Schedule and attend regular project meetings via conference call, on-line, or at City offices. •Manage and direct the project technical team. •Provide routine project management and communications (scope, schedule, budget, invoicing, etc.). •Prepare detailed monthly progress reports and progress billings, and submit to the City for approval and payment. Deliverables The following deliverables are associated with this task: •Routine correspondence including monthly progress reports •Meeting agendas and notes Assumptions The following assumptions apply to this task: •Regular project meeting will be attended by the Parametrix project manager (PM). •Project duration will be 16 months (August 2020 through November 2021). SCOPE OF WORK (continued) City of Bremerton 233-1896-8BI Ostrich Bay Creek Stormwater Treatment Construction A-2 July 2020 Scope of Work TASK 2 – FINAL DESIGN Objective Prepare 100% and bid set plans, specifications, and estimate (PS&E) packages. Activities The following activities will be performed: •Review and update 90% PS&E package prepared previously. •Prepare potholing map and provide staff to observe up to three days of potholing. •Revise plans to address conflicts identified by potholing. •Coordinate with Bioclean to provide updated Modular Wetland System cut sheets. •Prepare updated special provisions and engineers estimate of probable cost at each deliverable stage. •Prepare updated contract documents at each deliverables stage. •Prepare final design report, construction QA/QC plan, and stormwater completion form to meet Ecology grant requirements. Deliverables The following deliverables are associated with this task: •Potholing plan and notes from potholing •Updated 100% and bid set plan sheets (20 total sheets) •100%, and bid set engineer’s opinion of probable cost •100% and bid set contract documents •One hard copy and one PDF set of all plans (11-by-17-inch), special provisions, and engineer’s opinion of probable cost at each design stage •AutoCAD and PDF files of all drawings and documents •Two hard copies of bid set plans on full-sized sheets (sealed by Washington P.E.), special provisions, and contract documents •Design report Assumptions The following assumptions apply to this task: •All existing survey monuments identified on the survey base maps will be identified on the Plans and provisions will be made in the contract documents for their preservation or replacement according to Washington State code. •The City will provide a vactor truck, flaggers, and traffic sign rental for potholing. SCOPE OF WORK (continued) City of Bremerton 233-1896-8BI Ostrich Bay Creek Stormwater Treatment Construction A-3 July 2020 Scope of Work •The Parametrix PM and design lead will attend site walk and design review meetings. •Special provisions and all drawings will follow WSDOT format. TASK 3 – ENGINEERING SERVICES DURING CONSTRUCTION Objective Provide engineering support during the construction phases of the project. Activities The following activities are associated with this task: •Attend construction meetings as requested. •Review Contractor’s submittals for compliance with the specifications. •Respond to applicable Contractor’s Requests for Information (RFIs). •Attend site walks at the request of the City. •Prepare construction QA/QC plan, and stormwater completion form to meet Ecology grant requirements. Deliverables The following deliverables are associated with this task: •Hard copies and electronic copies of responses to material submittals, cut sheets, and shop drawing review •Construction QA/QC plan •Stormwater completion construction form Assumptions The following assumptions apply to this task: •Parametrix will attend up to 10 construction meetings at 1.5 hours each and 10 site walks at an estimated 2 hours each. •Parametrix will review and respond to a total of 30 contractor submittals at an average of 1 hour each. TASK 4 – MANAGEMENT RESERVE Objective Perform additional services at the written request of the City. Activities The following activities are associated with this task: •TBD SCOPE OF WORK (continued) City of Bremerton 233-1896-8BI Ostrich Bay Creek Stormwater Treatment Construction A-4 July 2020 Scope of Work Deliverables The following deliverables are associated with this task: •As requested by the City City of Bremerton 233-1896-8BI Ostrich Bay Creek Stormwater Treatment Construction A-5 July 2020 Scope of Work Exhibit B - Schedule Work Element Completed By Notice to Proceed August 1, 2020 100% PS&E October 31, 2020 Bid Set PS&E January 15, 2021 Construction July - October 2021 Project Closeout November 30, 2021 NOTE: The assumed turnaround time for City review of deliverables is 2 weeks. PARAMETRIX 7/16/2020 EXHIBIT C - BUDGET Ostrich Bay Creek Stormwater Treatment Construction City of Bremerton Public Works and Utilities TOTAL TOTAL Task Subtask 3.00 Billing Rate $224.46 $132.69 $105.30 $113.25 $119.25 $106.68 HOURS COST Direct Rate $74.82 $44.23 $35.10 $37.75 $39.75 $35.56 HOURS COST 1 1 Project Management and Meetings Project Meetings (4)8 8 $1,796 Project Management (16 months)16 16 16 48 $7,311 Subtotal 24 16 16 56 $9,107 1 2 Site Walk 3 3 6 $1,071 Design Review Meeting 2 2 4 $714 Pothole Plan and Monitor Potholes (up to 3 days)30 30 $3,981 Coordinate with Bioclean 4 4 $531 Final Design Report 8 8 4 20 $2,331 Final Plan Sheets (20 total sheets, 8 hrs/sheet assumed)8 40 112 160 $18,897 Final Specifications 1 4 8 13 $1,609 Final Cost Estimate 1 4 5 $755 Bidding Support 2 4 6 $980 Subtotal 17 99 120 12 248 $30,868 1 3 Engineering Services During Construction Attend Construction Meetings (10 total @ 1.5 hrs each)15 15 $3,367 Review Contractor Submittals and RFIs ( 30 total at ave 1 hour e 4 26 30 $4,348 Site Visits (10 @ 2 hrs each)10 10 2 $3,572 Project: STAFFPMX #BILLING MULT.: PM D.Dinkuhn Client: 233-1896-8BI PC S.Harris WP A.Lucas PA L.Gilbertso n Final Design (100%) Eng III R.Fiala Eng II C.Odegarde Ostrich Creek Budget 071420.xlsx Page 1 PARAMETRIX 7/16/2020EXHIBIT C - BUDGET Ostrich Bay Creek Stormwater Treatment Construction City of Bremerton Public Works and Utilities TOTAL TOTAL Task Subtask 3.00 Billing Rate $224.46 $132.69 $105.30 $113.25 $119.25 $106.68 HOURS COST Direct Rate $74.82 $44.23 $35.10 $37.75 $39.75 $35.56 HOURS COST Project: STAFFPMX #BILLING MULT.: PM D.Dinkuhn Client: 233-1896-8BI PC S.Harris WP A.Lucas PA L.Gilbertso n Eng III R.Fiala Eng II C.Odegarde Construction QA/QC Plan 1 4 2 $755 Stormwater Construction Completion Form 2 $449 Subtotal 32 40 49 $12,490 1 4 Management Reserve Management Reserve $21,223 1 ESC Salary Escalation Salary Escalation (2.5%)$1,312 PROJECT TOTAL 73 139 120 16 16 12 353 $75,000 David Dinkuhn, P.E. Reviewed By:Mark Yand, P.E. (Project Manager)(Office Manager) Prepared By: Ostrich Creek Budget 071420.xlsx Page 2 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: August 12, 2020 Supplemental Agreement No. 5 with Parametrix, Inc. for the Kitsap Lake Elementary Safe Routes to School Project COUNCIL MEETING Date: August 19, 2020 Department: Public Works Presenter: Andrea Archer-Parsons Phone: (360) 473-2713 SUMMARY: In March 2018, the City executed a contract with Parametrix for design of the Kitsap Lake Elementary Safe Routes to School Project in the amount of $279,998.09. Four supplemental agreements have been executed; Supplement 1 was $15,783 to add design of the overlay of Harlow Drive; Supplement 2 was $107,965 for consultant services to acquire right-of-way; Supplement 3 was a no-cost time extension; and Supplement No. 4 was $36,443 for unanticipated design scope along with engineering support during the advertisement and construction. The proposed Supplement 5 is $24,991.29 increasing the contract to a new total of $465,160.15 for additional Construction Management support, including submittal review and fill-in inspector services, during construction. ATTACHMENTS: 1) Supplement No. 5 with Parametrix, Inc. FISCAL IMPACTS (Include Budgeted Amount): This cost for this work is included in the 2020 budget allocated to the project; no additional funding is needed. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Supplemental Agreement No. 5 with Parametrix, Inc. for the Kitsap Lake Safe Routes to School Project; 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 01/02/2018 A3 Supplemental Agreement Number Organization and Address Phone: Original Agreement Number Project Number Execution Date Completion Date Project Title New Maximum Amount Payable Description of Work The Local Agency of desires to supplement the agreement entered in to with and executed on and identified as Agreement No. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: I Section 1, SCOPE OF WORK, is hereby changed to read: II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: III Section V, PAYMENT, shall be amended as follows: as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By: By: Consultant Signature Approving Authority Signature Date DOT Form 140-063 Revised 09/2005 5 Parametrix, Inc. 60 Washington Avenue, Suite 390 Bremerton, WA 98337 360-377-0014 LA 9223 SRTS-6590(002)August 19, 2020 December 31, 2021 Kitsap Lake Elementary Safe Routes to School $465,160.15 Project involves construction of American with Disabilities Act (ADA) Compliant sidewalk and other improvements to encourage students to walk or bicycle to Kitsap Lake Elementary School. City of Bremerton Parametrix, Inc. March 22, 2018 SRTS-6590(002) Additional work to support Construction Management of the Kitsap Lake Elementary Safe Routes to Schools Project. No Change. Additional $24,991.29. Darby Watson, Vice President Greg Wheeler, Mayor City of Bremerton 233-1896-148 Kitsap Lake Elementary Safe Routes to School 1 July 2020 Supplement 5 – Engineering Services During Construction EXHIBIT A – SCOPE OF WORK City of Bremerton Kitsap Lake Elementary Safe Routes to School Supplement 5 – Engineering Services During Construction INTRODUCTION This document presents a proposed scope of work (SOW) for providing additional civil engineering services during construction as requested by the City. A summary of the budget remaining as of Friday, July 10 is a s follows: Task 4 Subtask 3 - $539.38 labor and $109.55 fixed fee remaining. Management Reserve - $1,000 remaining Total budget remaining is $1,648.93. A proposed schedule is included with this scope and our proposed budget is attached. Main elements of the work are detailed below. TASK 04 – CONSTRUCTION SUPPORT Subtask 01 – Construction Support Objective Provide engineering support during bidding and construction phases of the project. Activities The following activities are associated with this task: • Attend construction meetings as requested. • Review Contractor’s submittals for compliance with the specifications. • Respond to applicable Contractor’s Requests for Information (RFIs) and requests for change orders and make recommendations to the City. • Assist with construction management at the request of the City. • Attend site walks at the request of the City. • Revise design documents in response to changes encountered during construction. • Provide an Engineer III for construction observation on a fill-in basis. SCOPE OF WORK (continued) City of Bremerton 233-1896-148 Kitsap Lake Elementary Safe Routes to School 2 July 2020 Supplement 5 – Engineering Services During Construction • PH consulting will provide similar support services. Deliverables The following deliverables are associated with this task: • Hard copies and electronic copies of responses to material submittals, cut sheets, shop drawing review, and revised design documents Assumptions The following assumptions apply to this task: • Hours for support are: Project Manager - 24 hours, Engineer III – 110 hours. • PH consulting will provide up to 16 total hours of support. City of Bremerton 233-1896-148 Kitsap Lake Elementary Safe Routes to School July 2020 Supplement 5 – Engineering Services During Construction Exhibit B – Schedule Work Element Completed By Notice to Proceed August 19, 2020 Engineering Services During Bidding and Construction December 31, 2020 Project: Kitsap Lake Elementary Safe Routes to School SUPPLEMENT 5 Direct Salary Cost (DSC): Classification Hours =Rate =Cost Sr. Consultant (Project Manager)24 X $74.82 $1,795.68 Engineer III 110 X $44.22 $4,864.53 Sr. Project Coordinator 0 X $36.88 $0.00 Project Accountant 0 X $39.75 $0.00 Sr. Contracts Administrator 0 X $45.30 $0.00 Sr. Publications Specialist 0 X $35.56 $0.00 X $0.00 X $0.00 X $0.00 Total DSC =$6,660.21 Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of 1.7916 x $$6,660.21 $11,932.43 Fixed Fee (FF): FF Rate x DSC of 21.00% x $$6,660.21 $1,398.64 Reimbursables: Mileage 0 miles x $0.58 $0.00 Survey Equipment 0 days x $155.00 $0.00 Subconsultants: PH Consulting $2,378.20 Management Reserve: Management Reserve $5,000.00 SubTotal $24,991.29 Grand Total $24,991.29 Date: WSDOT Form 140-089 EF Exhibit D Page 1 of 1 Exhibit D Prime Consultant Cost Computations Agreement Number: AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: August 12, 2020 Public Works Agreement with Industrial Coatings Unlimited, LLC for Steel Reservoir Exterior Coating Maintenance (2020) COUNCIL MEETING Date: August 19, 2020 Department: Engineering Presenter: Bill Davis Phone: (360) 473-2312 SUMMARY: In early 2019, Northwest Corrosion Engineering, LLC prepared an exterior coating assessment report evaluating the general condition of the exterior coating of nine (9) City steel potable water reservoirs. The assessment included recommendations for pressure washing and spot coating repair of six (6) of these reservoirs to increase the longevity of the exterior coating. Requests for bids were sent to five (5) contractors selected off the Municipal Research and Services Center (MRSC) Small Works Roster to perform the reservoir cleaning and coating repair. Bids were opened on July 13, 2020. Four (4) bids were received. Industrial Coatings Unlimited, LLC was the lowest responsible, responsive bidder in the amount of $99,762.25 (which includes sales tax). ATTACHMENTS: 1. Location Map; 2. Agreement; 3. Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount): This project is included in the 2020 Water Capital Budget. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to award the construction contract for Steel Reservoir Exterior Coating Maintenance (2020) to Industrial Coatings Unlimited, LLC in the amount of $99,762.25; 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 01/02/2018 A4 STEEL RESERVOIR EXTERIOR COATING MAINTENANCE (2020) STEEL RESERVOIR EXTERIOR COATING MAINTENANCE (2020) ATTACHMENT A - LOCATION MAP Site locations for the Steel Reservoir Exterior Coating Maintenance (2020) contract Public Works Agreement Page 1 of 9 City of Bremerton Steel Reservoir Exterior Coating Maintenance (2020) July 2020 PUBLIC WORKS AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation (“City”), and Industrial Coatings Unlimited, LLC (“Contractor”), whose mailing address is 18420 68th Ave S., Suite 110, Kent, WA 98032. The parties agree as follows: 1.CONTRACTOR SERVICES. The Contractor shall perform the following services for the City described in the Bid Documents titled: STEEL RESERVOIR EXTERIOR COATING MAINTENANCE (2020) 2.TIME OF COMPLETION. Contractor shall complete the work within 60 calendar days from the date of issuance of the City’s Notice to Proceed. Contract extensions will be considered due to adverse weather. 3. COMPENSATION. The City shall pay the Contractor an amount not-to-exceed $99,762.25, inclusive of any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The City shall pay the Contractor ninety percent (90%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this agreement. A.No Performance Bond. Because this contract including applicable sales tax is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B.Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. C.Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City’s written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. “Additional costs” shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D.Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4.INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub-contractors. 5.TERMINATION. The City may terminate this agreement for good cause. “Good cause” shall include, without limitation, any one or more of the following events: A.The Contractor’s refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B.The Contractor’s failure to complete the work within the time specified in this agreement. C.The Contractor’s failure to make full and prompt payment to sub-contractors or for material or labor. D.The Contractor’s persistent disregard of federal, state or local laws, rules or regulations. E.The Contractor’s filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a “Statement of Intent to Pay Prevailing Wages” with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages rates for public works contracts in Kitsap County in effect at the time of the bid submittal deadline and comply with Chapter 39.12 of the Revised Code of City of Bremerton Public Works Agreement Steel Reservoir Exterior Coating Maintenance (2020) Page 2 of 9 July 2020 Public Works Agreement Page 3 of 9 City of Bremerton Steel Reservoir Exterior Coating Maintenance (2020) July 2020 Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. 7.CHANGES. The City may issue a written work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City’s project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor’s costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving a written work change directive or change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A.Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1.Immediately give a signed written notice of protest to the City; 2.Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a.The date of the Contract’s protest. b.The nature and circumstances that caused the protest. c.The provisions in this agreement that support the protest. d.The estimated dollar cost, if any, of the protested work and how that estimate was determined. e.An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor’s records needed for evaluating the protest. 3.The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B.Contractor’s Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C.Contractor’s Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D.Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instructions, interpretations, and determination). E.Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written order (including directions, instructions, interpretations, and determination). 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor’s written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the City’s acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does City of Bremerton Public Works Agreement Steel Reservoir Exterior Coating Maintenance (2020) Page 4 of 9 July 2020 Public Works Agreement Page 5 of 9 City of Bremerton Steel Reservoir Exterior Coating Maintenance (2020) July 2020 not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10.INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officer, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the City’s sole negligence. The City’s inspection or acceptance of any of Contractor’s work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Co ntractor and the City, its officials, employees, agents and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR’S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11.INSURANCE. The Contractor shall procure and maintain for the duration of this agreement insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: 1.Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2.Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 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; 3.Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate. 4.Worker’s Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington, and employer's liability with limits not less than $1,000,000. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor’s insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellatio n, 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 reserves the right to receive a certified copy of all the required insurance policies. 12.MISCELLANEOUS. A.Nondiscrimination. In the hiring of employees for the performance of work under this Agreement or any sub-contract hereunder, the Contractor, its sub-contractors, or any person acting on behalf of such Contractor or sub-contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, physical disability, or sexual orientation discriminate against any person who is qualified and available to perform the work to which the employment relates. B. Equal Employment Opportunity Statement. It is the policy of the City of Bremerton to offer equal employment opportunity to all individuals. The City of Bremerton will administer all actions with respect to employment practices in compliance with federal, state and local laws, and will not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. C. ADA Statement. The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment City of Bremerton Public Works Agreement Steel Reservoir Exterior Coating Maintenance (2020) Page 6 of 9 July 2020 Public Works Agreement Page 7 of 9 City of Bremerton Steel Reservoir Exterior Coating Maintenance (2020) July 2020 and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. D.Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. E.Work Performed at Contractor’s Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor’s own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. F.Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect G.Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. H.Attorney’s Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties’ performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney’s fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City’s right to indemnification under Section 10 of this agreement. I.Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. J.Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. K.Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. L.Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. Public Works Agreement Page 8 of 9 City of Bremerton Steel Reservoir Exterior Coating Maintenance (2020) July 2020 M.Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. N.Liquated Damages. Liquated Damages will be enforced in the amount of $200 per day that the work is not complete after the contractual substantial completion date. Public Works Agreement Page 9 of 9 City of Bremerton Steel Reservoir Exterior Coating Maintenance (2020) July 2020 IN WITNESS WHEREOF, the parties below have executed this agreement. CONTRACTOR THE CITY OF BREMERTON (Signature) (Signature) Print Name: Print Name: Greg Wheeler Title: Title: Mayor DATE: DATE: Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: Attn: Aaron Couch 345 6th Street, Suite 100 Bremerton, WA 98337 (360)376-2350 (360)473-5200 (facsimile) APPROVED AS TO FORM: Roger A. Lubovich Bremerton City Attorney ATTEST: Angela Hoover, City Clerk T:\PROJECT FILES\PROJECT - Utility Files\45126 - Reservoir Cleaning and Maintenance\4 BID PHASE\Bid Docs\Exterior\A - Public Works Agreement_Exterior 45126.doc DATE OPENED: RECORDED BY: SUMMARY Purcell Painting & Coating $128,700.00 $140,283.00 Sabelhaus West $109,446.00 $119,298.03 Industrial Coatings Unlimited $91,525.00 $99,762.25 Long Painting Company $174,858.00 $190,595.22 CITY OF BREMERTON BID TABULATION BOND BASE BID + CONTINGENCY TOTALNAME OF BIDDER OPENED BY: 7/13/2020 TIME OPENED: Steel Reservoir Exterior Coating Maintenance (2020) 4:30 PM Melinda Monroe Aaron CouchBID TITLE: SALES TAX $8,237.25 $15,737.22 $11,583.00 $9,852.03 N/A $99,762.25 $119,298.03 $140,283.00 ENGINEER ESTIMATE (INCLUDING SALES TAX) THIRD LOW BIDDER SECOND LOW BIDDER APPARENT LOW BIDDER AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: August 12, 2020 Interlocal Agreement Work-Order with Kitsap County for 2020 Striping Services COUNCIL MEETING Date: August 19, 2020 Department: PW & U Presenter: Milenka Hawkins-Bates Phone: (360) 473-5333 SUMMARY: This work-order request, per the terms of the current interlocal agreement between City and Kitsap County, is for annual pavement striping services to be performed by County. The estimate for the work is $30,000 and will be completed by the County in late August – September 2020. ATTACHMENTS: 1) Work-order Request (Attachment “A”); 2) Interlocal Agreement FISCAL IMPACTS (Include Budgeted Amount): This item is included in the 2020 Street Fund. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the 2020 Pavement Striping Work-order request with Kitsap County in the estimated amount of $30,000; 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 01/02/2018 A5 Kitsap County, Public Works Milenka Hawkins-Bates, City of Bremerton Maintenance of striping of existing roadways within Bremerton city limits. Scope to include edge striping on Perry Avenue. Coordinate project scope and schedule with COB Streets Supervisor, Colen Corey. 12/31/20 30,000.00 City of Bremerton, Public Works and Utilities 100 Oyster Bay Avenue N, Bremerton, WA 98312 360- Greg Wheeler Mayor 473-5333 (M. Hawkins-Bates) n/a KC 277-20 INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY AND THE CITY OF BREMERTON FOR REIMBURSABLE WORK PERFORMED AND/OR EQUIPMENT RENTAL This Interlocal Agreement ("Agreement") is made and entered into pursuant to the provisions of Chapter 39.34 RCW by and between the County of Kitsap (hereinafter "County") and the City of Bremerton (hereinafter "City"), also referred to individually as "Party" and collectively as the Parties". Either Party to the Agreement, the requesting agency (hereinafter the "Requester") and the providing agency (hereinafter the "Provider") may request work or equipment rental from the other Party as needed from time to time and deemed mutually beneficial. I. INCORPORATION OF RECITALS The foregoing Recitals are incorporated in full and made part of this Agreement by this reference: WHEREAS, each Party operates a Public Works Department which specializes in certain types of Public Works projects, and each Party owns certain types of equipment utilized in Public Works projects; and WHEREAS, each Party may from time to time find it advantageous or desirable to have certain work performed by the other Party, or its contractor, and/or to obtain the use of certain equipment from the other Party for specific Public Works projects; and WHEREAS, the Parties entered into KC 354-16, executed August 3, 2016 and terminated with the execution of this Agreement; and WHEREAS, from time to time, the Parties will benefit from cooperation in Public Works projects in the manner proposed herein; and WHEREAS, 39.34.030 RCW authorizes public agencies to enter into cooperative agreements for their mutual benefit; NOW THEREFORE, in consideration of their mutual covenants, conditions and promises, the Parties, through their respective legislative bodies, do hereby agree as follows: II. AGREEMENT PURPOSE OF AGREEMENT: The purpose of this Agreement is to provide for cooperation between the County and the City whereby either Party may request certain work be performed by the other Party, or its contractors, or that either Party may rent certain pieces of equipment owned by the other Party. ADMINISTRATION OF AGREEMENT: This Agreement does not establish or create a separate or joint board. No joint property shall be acquired, held, or disposed of. Any real or personal property used as a result of this Agreement shall be considered and remain the property of the Party who purchased such real or personal property. TERM: This Agreement shall take effect upon execution by the Parties and shall remain in effect until December 31, 2030. TERMINATION: Either the County or the City may terminate this Agreement by giving thirty (30) days written notice to the other Party. COMPLETE AGREEMENT: This Agreement represents the entire Agreement between the Parties and supersedes all prior oral and written Agreements. This Agreement replaces in their entirety the following prior agreements between the Parties: KC-352-16 executed on August 22, 2016, KC-354-16 executed on August 3, 2016 and KC-163-20 executed on March 13, 2020. This Agreement may not be amended or extended except by an instrument of writing executed by the Parties, with the same formalities that apply to this Agreement. REQUEST BY PARTICIPATING PARTIES: Whenever the Requester desires to obtain work or equipment rental from the Provider pursuant to this Agreement, the Requester shall make a request for said work, or equipment, in writing upon the "Request and Agreement for Work, Equipment, and/or Materials" form which is attached and incorporated to this Agreement as Attachment "A". REVIEW OF REQUEST: The requested scope of work will be reviewed by the Provider's Director of Public Works, or designee, to ensure that the requested work can be completed in a timely and efficient manner by the Provider, or that the equipment requested can be accommodated. The Provider's Director, or designee, shall have sole final decision making authority as to the manpower and equipment required to fulfill the request, and/or the availability of equipment requested. FULFILLMENT OF REQUEST: If the Provider's Director, or designee, approves the request, the Provider will perform the work or provide the equipment in the time and manner convenient to the Provider providing the request will not negatively impact the Provider's business. PARTY EMPLOYEES: All employees assigned to perform work for the Requester pursuant to this Agreement, remain employees of the Provider at all times, and shall perform the work requested under the sole supervision of Provider's agency. Labor, equipment, materials and procedures in performance of work pursuant to this Agreement, shall be mutually agreed to in writing. FINANCIAL RESPONSIBILITY: Except as may be otherwise set forth in this Agreement, the Requester shall be solely responsible for all costs related to the requested Public Works project, including costs of equipment rental, and administration of all grant funds, when applicable. 2 DISPUTE RESOLUTION: In the event that a dispute is not resolved after following the Procedure for Remedies outline elsewhere in this Agreement, the Parties shall attempt to resolve it in the following manner before pursuing any other remedies available to either Party: the Parties will each appoint one member to a Dispute Board and those members will jointly appoint a third member. The Dispute Board will evaluate the dispute and attempt in good faith to resolve the dispute. The Dispute Board's determination shall be non -binding. 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 Pierce County Superior Court. NOTICES: All notices and other written communication required by this Agreement shall be in writing and, except as expressly provided elsewhere in this Agreement, shall be deemed delivered by personal delivery, or at a time of mailing, if mailed by first class, postage pre -paid and addressed to the Party at the address provided below, or at such address as a Party may designate at any time in writing: To: Kitsap County Public Works: Andrew Nelson, PE Director of Public Works 614 Division Street, MS-26 Port Orchard, WA. 98366 To: City of Bremerton: Tom Knuckey, PE Director of Public Works and Utilities 100 Oyster Bay Avenue Bremerton, WA 98312 NON-DISCRIMINATION: No Party in the performance of this Agreement shall discriminate against any person on the basis of race, color, creed, religion, national origin, age, sex, marital status, sexual orientation, veteran status, disability, or other circumstance prohibited by federal, state, or local law. The Parties shall comply with Title VI of the Civil Rights Act of 1964, P.L. 88 354 and Americans with Disability Act of 1990. SEVERABILITY: If any section, subsection, paragraph or provision of this Agreement is determined to be illegal, invalid, or unconstitutional by any court or agency of competent jurisdiction, such determination shall have no effect on the validity of any other section, subsection, paragraph or provision of this Agreement, all of which will remain in full force and effect for the term of this Agreement. MODIFICATION: This Agreement represents the entire Agreement of the Parties. No change, termination, or attempted waiver of any of the provisions of this Agreement shall be binding on any of the Parties unless executed in writing by authorized representatives of each of the Parties. This Agreement shall not be modified, supplemented, or otherwise affected by the course of dealings between the Parties. INSURANCE: Each Party, at its own expense, shall provide and keep in force: A. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $1,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not 19 be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable. B. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and C. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Each Party shall name the other Party as an additional insured. The insurance requirements set forth in this Section shall be deemed to be minimum coverages and limits and shall not be construed in any way as a limitation on the other Party's duty to carry adequate insurance or on each Party's liability for losses or damages under this Agreement. INDEMNIFICATION: The Requester shall defend, indemnify and hold harmless, at the Requester's sole expense, the Provider, it's elected and appointed officials, officers, employees and agents, from and against any and all claims, actions, demands, losses, damages, liabilities and costs, including, but not limited to, attorney's fees and litigation costs, arising out of the performance of Requester under this Agreement, whether the demand, loss or claim is due to the negligence of the Requester, it's elected and appointed officials, officers, employees, or agents, except that in no event Requester be liable for injury or damages to the extent caused by negligence or willful misconduct of the Provider, it's elected or appointed officials, officers, employees or agents. The Provider shall defend, indemnify and hold harmless, at the Provider's sole expense, the Requester, it's elected and appointed officials, officers, employees and agents, from and against any and all claims, actions, demands, losses, damages, liabilities and costs, including, but not limited to, attorney's fees and litigation costs, arising out of the performance of Provider under this Agreement, whether the demand, loss or claim is due to the negligence of the Provider, it's elected and appointed officials, officers, employees, or agents, except that in no event Provider be liable for injury or damages to the extent caused by negligence or willful misconduct of the Requester, it's elected or appointed officials, officers, employees or agents. This Section shall survive termination of this Agreement. WAIVER: Neither the waiver by any of the Parties hereto of a breach of, or a default under any of the provisions of this Agreement, nor the failure of either of the Parties, on one or more occasions, to enforce any of the provisions of this Agreement, or to exercise any right or privilege hereunder will thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights or privileges hereunder. FORCE MAJEURE: Nonperformance by a Party, other than payment of any amounts due hereunder by the Parties, shall not operate as a default under or breach of the terms of this Agreement to the extent and for so long any such nonperformance is due to: strikes or other labor disputes; prevention or prohibition by law; the loss or injury to products in transit; an Act of God; Pandemic, or war or other cause beyond the control of such Party. 5 ASSIGNMENT AND SUCCESSORS IN INTEREST: Except as otherwise provided herein, no Party may assign, subcontract, or delegate any right or obligation under this Agreement, in whole or in part, without the express prior written consent of the other Party. This Agreement shall inure to the benefit of and be binding upon each Party's successors and assigns. COUNTERPARTS: This Agreement may be executed in any number of counterparts or, if mutually agreeable to the undersigned authorized signatories for the Parties, through the exchange by facsimile or other electronic means of duty -signed duplicates hereof, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. SECTIONS AND HEADINGS: The division of this Agreement into sections and subsections and the insertion of headings are for convenience or reference only, and do not affect the interpretation of this Agreement. Unless otherwise indicated, references in this Agreement to an article, section, subsection or schedule are to the specified article, section or subsection of or schedule to this Agreement. FILING: The County will, pursuant to 39.34.040 RCW, cause this Agreement to be filed with the Kitsap County Auditor upon full execution by the Parties. WARRANTY OF AUTHORITY: Each person or Party subscribing to this Agreement expressly warrants that it has full authority to do so. Dated this _7'—" day of Zo 1-Y , 2020. CITY OF BREMERTON Greg Wheel r, Mayor Attest: Angelaftloovcr, City Clerk N. Dated this 2-7 day of JL , 2020. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON NA A Charlotte arrido, Chair Robert Geld r, Comm ssioner Edward E. Wolfe, Commis ner Dana Daniels, Clerk of the Board O ING_ O ATTACHMENT "A" REQUEST AND AGREEMENT FOR WORK, EQUIPMENT, AND/OR MATERIALS The undersigned hereby requests that the following described work, and/or service, and/or equipment rental be performed or provided by: for Provider) (Requester) It is understood that this work, and or equipment rental is at the convenience of the Provider and that the undersigned agency will reimburse all costs, unless otherwise indicated. DESCRIPTION OF WORK, SERVICES, OR EQUIPMENT RENTAL REQUESTED: Estimate Attached Yes No Project Completion Date: Total Cost Not to Exceed: $ The undersigned certifies that sufficient budgeted funds are available to cover the cost of the requested work and/or services, and that payment to the Provider will be made promptly unless otherwise indicated in this Agreement. REQUESTING AGENCY: Address: Phone: Requested by: Name/Print Signature: ACTION OF THE PROVIDER APPROVED BY: Provider Fax: 7 Title/Print Date: Date: 10-DAY NOTICE OF TERMINATION OF KC 354-16 Pursuant to Section 4 of the Interlocal Agreement Between Kitsap County and City of Bremerton for Road for Road and Street Striping Services ("ILA"), executed August 3, 2016, Kitsap County hereby gives notice to the City of Bremerton of its intent to terminate the ILA. Termination of the 11A, also identified as KC-354-16, will automatically occur ten (10) days following receipt of this notice by the City of Bremerton. 'The Parties intend to replace KC-354- 16 with a new ILA for Reimbursable Work Performed and/or Equipment Rental. Dated this — th. 1 day of July, 2020. CITY OF BREMERTON By: W. 8 KITSAP COUNTY PUBLIC WORKS W-i! id I . 1 • AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirm Appointment of Asia Creech to the Arts Commission Study Session Date: August 12, 2020 COUNCIL MEETING Date: August 19, 2020 Department: Executive Presenter: Mayor Wheeler Phone: (360) 473-5266 SUMMARY: The Mayor is seeking confirmation for the appointment of Asia Creech to the Arts Commission. This position became vacant due to a Commissioner’s resignation. The term expires December 31, 2021. Ms. Creech is a nine-year resident. ATTACHMENTS: Ms. Creech’s application to the Commission is available in the Mayor’s Office. FISCAL IMPACTS (Include Budgeted Amount): No Fiscal Impacts. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Briefing/Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of Asia Creech to the Arts Commission for the term expiring December 31, 2021. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A6 Added