HomeMy WebLinkAbout08/19/2020 AGENDA PACKET______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280
WEDNESDAY, AUGUST 19, 2020
CITY COUNCIL Virtual/Live Stream MEETING AGENDA
To help reduce the spread of COVID-19, the City Council is conducting a virtual meeting. The
Chambers will be closed, and all Council Members and staff will be participating in the meeting remotely.
The public is invited to view and/or participate in the Council Meeting through one of the following
options:
To stream online only via BKAT Feed, with no interaction possible:
https://bremerton.vod.castus.tv/vod/?live=ch1&nav=live
To Join the Zoom Meeting:
https://us02web.zoom.us/j/83077899480?pwd=aDllRUM1TnZ2M1k1TXNnQmVtbTNDdz09
One-tap mobile: US: +12532158782,,83077899480#,,,,,,0#,,209823# or
+13462487799,,83077899480#,,,,,,0#,,209823#
Dial by your location: +1 360 415 1029; +1 253 215 8782 (Tacoma) +1 669 900 6833 (San Jose)
Webinar ID: 830 7789 9480
Password: 209823
Citizens are always encouraged to send questions and comments by email to
City.Council@ci.bremerton.wa.us
1.CALL TO ORDER: 5:30 P.M.
2.CONSENT AGENDA
A.Claims & Check Register
B.Minutes of Meeting – August 5, 2020
C.Minutes of Study Session – August 12, 2020
D.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
E.Professional Services Agreement with Parametrix Inc., for the Ostrich Bay Creek Stormwater
Treatment Project
F.Supplemental Agreement No. 5 with Parametrix, Inc. for the Kitsap Lake Elementary Safe
Routes to School Project
G.Public Works Agreement with Industrial Coatings Unlimited, LLC for Steel Reservoir Exterior
Coating Maintenance (2020)
H.Interlocal Agreement Work-Order with Kitsap County for 2020 Striping Services
3.GENERAL BUSINESS
A.Confirm Appointment of Asia Renee Creech to the Arts Commission
4.MAYOR'S REPORT
5.PUBLIC RECOGNITION
6.COUNCIL MEMBER REPORTS
7.ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
Immediately following adjournment of the Council Meeting, an EXEMPT CLOSED SESSION allowed
under RCW 42.30.140 (4)(b), will be held to discuss Labor Negotiations or Proceedings…
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: N/A
Claims & Check Register COUNCIL MEETING Date: August 19, 2020
Department: Legal Services
Presenter: Angela Hoover
Phone: (360) 473-5323
SUMMARY:
Approval of the following checks and electronic fund transfers:
1. Check Numbers 390312 through 390433 and Electronic Fund Transfers V21523 through
V21568 in the grand total amount of $2,084,742.76
2. Regular Payroll for pay period ending July 31, 2020 in the amount of $915,796.48
3. Regular Payroll of payouts for pay period ending July 31, 2020 in the amount of $12,271.36
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the consent agenda as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
2A
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Minutes of Meeting – August 5,
2020
Study Session Date: N/A
COUNCIL MEETING Date: August 19, 2020
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes of Meeting held on August 5, 2020 are attached.
ATTACHMENTS: Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: ☒ N/A
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the August 5, 2020 Meeting Minutes as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/3/17
2B
2
CITY COUNCIL VIRTUAL MEETING MINUTES
Wednesday, August 5, 2020
A virtual meeting of the City Council of the City of Bremerton was called to order Wednesday, August
5, 2020, at 5:30 PM with Council President Eric Younger presiding. Council Members present were
Mike Simpson, Michael Goodnow, Lori Wheat, Kevin Gorman, Leslie Daugs, and Pat Sullivan. Also
present were City Attorney Roger Lubovich; City Clerk Angela Hoover; Legislative Office Manager
Lori Smith; and Dave Sorensen, Information Services Manager.
President Younger read a statement that per an amending proclamation issued by Governor Inslee
extending the “Stay Home – Stay Healthy” order, the City Council will conduct Council Meetings
virtually through the month of August.
CONSENT AGENDA
2A – Claims & Check Register: Check Numbers 390063 through 390311, and EFT-V21444
through EFT-V21522 in the amount of $3,282,222.29; Regular Payroll for the pay period
ending July 15, 2020 in the amount of $888,665.62; and Regular Payroll (Pay out) for the
pay period ending July 15, 2020 in the amount of $2,804.83; and Retiree Payroll for the pay
period ending July 31, 2020 in the amount of $52,684.47
2B – Minutes of Meeting – July 15, 2020
2C – Minutes of Study Session – July 22, 2020
2D – Stormwater Financial Assistance Program (SFAP) Grant Agreement with the WA State
Department of Ecology for Kitsap Lake Stormwater Treatment Retrofit Design
2E – Purchase of a 2019 F-550 Versalift Boom Truck from Northend Truck Equipment of
Snohomish, WA
2F – Purchase of Replacement Chains from PMC, Inc. for the West Grit Chamber at the
Wastewater Treatment Plant
There were no questions or comments from the public…
5:33 M/S/C/U (Gorman/Wheat) Move to approve the CONSENT AGENDA as presented.
PUBLIC HEARING
3A – PUBLIC HEARING ON ORDINANCE NO 5399 TO VACATE A PORTION OF NIPSIC
AVENUE RIGHT OF WAY BETWEEN E. 11TH STREET AND E. 13TH STREET: Managing
Engineer Shane Weber used a Power Point presentation to report that the adjacent property
owner petitioned the City to vacate a portion of Nipsic Avenue located at the northwest corner of
Nipsic Avenue and E. 11th Street to facilitate their home improvement project. The portion of the
right-of-way vacation fronts 3 properties at 1110 Ironsides Avenue, 1118 Ironsides Avenue, and
2428 E. 11th Street. All 3 property owners have signed the petition to vacate, which complies with
the 2/3 requirement per BMC 11.20.070. No City or franchise utilities are in the subject area, and
the vacation will not preclude any future improvements in the right-of-way.
President Younger explained the purpose of this Public Hearing is to accept public comment…
Laura Deckman, the homeowner who submitted the petition, provided comments in support.
With no questions or comments received, President Younger closed the Public Hearing; and
opened for discussion with the Council…
5:38 Motion was made by Gorman and seconded by Daugs… Questions and comments were
provided by Gorman, Daugs and Simpson; with responses provided by Mr. Weber…
City Council Reg. Mtg. Minutes
Wednesday, August 5, 2020
Page 2 of 4
5:41 M/S/C/U (Gorman/Daugs) Move to pass Ordinance No. 5399 to vacate a portion of Nipsic
Avenue between East 11th Street and East 13th Street.
GENERAL BUSINESS
4A – RESOLUTION NO. 3329 TO ESTABLISH BREMERTON CARES, A SMALL BUSINESS
RELIEF GRANT PROGRAM IN RESPONSE TO COVID-19 TO PROVIDE BUSINESS RENTAL
ASSISTANCE: Director of Financial Services Director Mike Riley explained through a Power
Point presentation that the City has been allocated $1,264,400 from the federal government’s
Coronavirus Relief Fund (“CARES ACT funding”). The City intends to establish a small business
grant relief program and direct $255,000 of the COVID ACT funding to this program for small
business assistance, specifically a rent relief program.
There were no comments from the public…
5:58 Main Motion was made by Daugs; and seconded by Gorman… Questions and comments
were provided by Daugs, Gorman, Wheat, Simpson, and Younger; with responses provided by Mr.
Riley and Mayor Greg Wheeler…
6:19 M/S/C/U (Daugs/Gorman) Move to 1) accept funding allocation of $1,264,400 from the federal
government’s Coronavirus Relief Fund; and 2) approve Resolution No. 3329 establishing
Bremerton CARES, Small Business Relief Program directing $255,000 of the COVID ACT funding
to the program, and to authorizing a budget adjustment in the same amount.
4B – 2ND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
BMcCONSULTING, LLC: Mayor Wheeler summarized that on October 30, 2018 the City entered
into a consulting agreement with BMcConsulting LLC to provide lobbying services through June
30, 2019. In 2019 the first amendment to this agreement extended services to June 30, 2020. The
City has determined that we would like to continue to utilize BMcConsulting. This second
amendment extends the term of the contract through June 30, 2021. Payment is to remain the
same for the same monthly period, as stated in the original agreement, not to exceed $54,000
annually and as identified in the 2020 approved budget. As this contract has a mid-year term this
will mean an additional amount of $24,000 through the end of 2020.
There were no comments from the public…
6:23 Main Motion was made by Daugs; and seconded by Gorman… Questions and comments
were provided by Daugs, Gorman, Wheat, Sullivan, Simpson, and Goodnow… 2nd Round: Daugs,
Simpson, and Younger; with responses provided by Mayor Wheeler and Bryan McConaughy…
6:46 M/S/C (Daugs/Gorman) Move to approve the Second Amendment to the Professional
Services Agreement with BMcConsulting LLC; and authorize the Mayor to finalize and execute the
amendment with substantially the same terms and conditions as presented.
Voted in favor of Motion: Wheat, Goodnow, Sullivan, Daugs, Gorman, Younger
Voted opposed to Motion: Simpson
Motion carried: 6-Yes; 1-No
MAYOR’S REPORT – Mayor Wheeler…
Was pleased to report that even with the shutdown due to COVID-19, the City will eclipse last
year’s record with $63,466,511 in total approved permits and $97,005,671 current pending permits
for a total of $160,472,182; First Friday has gone virtual and will feature the City of Bremerton’s
Poet Laureate Tia Hudson; and photos were displayed with a brief video to show the successful
efforts to-date on the Cleanup of Kitsap Lake, noting that this will be on-going for a few more years.
City Council Reg. Mtg. Minutes
Wednesday, August 5, 2020
Page 3 of 4
PUBLIC RECOGNITION – There were no questions or comments from the public tonight…
COUNCIL MEMBER REPORTS
Leslie Daugs announced that the Annual Back to School Fair has been cancelled; and instead,
school supplies will be available for pick-up on Wednesday, August 12 from 10:00 AM to 12:00 PM
at Armin Jahr Elementary School, Bremerton High School, Mountain View Middle School, or West
Hill STEM Academy; shared the schedule for the Bremerton School District’s Summer Meal
Program on Mondays and Wednesdays through August 21; cautioned drivers to be safe with
children out of school; and lastly announced that 15 applications were received from citizens
interested in serving on the Race Equity Advisory Committee and that interviews will be held as a
part of the next meeting on Tuesday, August 11 at 5:00 PM by Zoom webinar.
Kevin Gorman rode his bike around to check on the current state of businesses, and was pleased
to see that some were recovering; thanked Mayor Wheeler for allowing businesses to convert
parking spaces into outdoor seating; and encouraged the public to send him an email if they have
any suggestions for making the City more pedestrian friendly.
Lori Wheat announced that Fishline’s HomeShare Program would be hosting a virtual Meet
n’Greet on Wednesday, August 19 at 5:00 PM; thanked Council Member Daugs for announcing the
next Race Equity Advisory Committee while also encouraging any interested citizens to tune in and
view the meeting; and reminded the public to join the dialogue through the “Anti-Racism Learning
Circle” hosted by the Kitsap Regional Library from 5:00 to 6:00 PM every second and fourth
Thursday of the month until December 10, 2020. She ended with a quote by Pablo Picasso “Art
washes away from the soul the dust of everyday life”.
Michael Goodnow provided a briefing on the virtual Kitsap Pride Celebration held last month, and
thanked everyone involved in organizing the event, and members of the public who participated.
Mike Simpson enjoyed the break last week due to no meetings held on the 5th Wednesday of the
month; and shared that a former president once said “To sit back, hoping that someday, somehow,
someone will make things right is to go on feeding the crocodile, hoping he will eat you last, but eat
you he will”; and quoted former President Reagan who said “How can you tell a Communist? (It’s
someone who reads Carl Marx and Lenin) How can you tell an Anti-Communist? (It’s someone
who understands Carl Marx and Lenin)”
Eric Younger appreciates the efforts carried out by Mayor Wheeler and the City to clean up Kitsap
Lake, and mentioned that if times were different with no pandemic, that he would be right out there
too to help pull the weeds out of Kitsap Lake. He also wished Council Member & Vice President
Kevin Gorman a belated Happy Birthday; and announced a virtual City Council Study Session
would be held next Wednesday on August 12, 2020 beginning at 5:00 PM.
With no further business, President Younger adjourned the Council Meeting at 7:14 PM.
Prepared and Submitted by:
______________________________
LORI SMITH
Legislative Office Manager
APPROVED by the City Council on the 19th day of August, 2020.
City Council Reg. Mtg. Minutes
Wednesday, August 5, 2020
Page 4 of 4
________________________________________
ERIC YOUNGER, City Council President
Attest:
________________________________________
ANGELA HOOVER, City Clerk
EY:AH:ls:cg
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Minutes of Study Session –
August 12, 2020
Study Session Date: N/A
COUNCIL MEETING Date: August 19, 2020
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes of Study Session held on August 12, 2020 are attached.
ATTACHMENTS: Study Session Minutes
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: ☒ N/A
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the August 12, 2020 Study Session Minutes as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/3/17
2C
CITY COUNCIL STUDY SESSION MINUTES
Wednesday, August 12, 2020
A virtual Study Session of the City Council of the City of Bremerton was called to order on
Wednesday, August 12, 2020, at 5:00 PM, with Council President Eric Younger presiding. Council
Members present were Mike Simpson, Michael Goodnow, Lori Wheat, Kevin Gorman, Leslie Daugs,
and Pat Sullivan. Lori Smith, Legislative Office Manager, was present to provide staff support.
President Younger established that to help reduce the spread of COVID-19, the City Council is
conducting a virtual meeting, with Council Members and staff participating remotely. He further
established that the Study Session was open for the public to listen in, but there would 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 Virtual
Meeting Agenda…
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
Consent Agenda
2. Professional Services Agreement with Parametrix Inc., for the Ostrich Bay Creek
Stormwater Treatment Project Consent Agenda
3. Supplemental Agreement No. 5 with Parametrix, Inc. for the Kitsap Lake Elementary Safe
Routes to School Project Consent Agenda
4. Public Works Agreement with Industrial Coatings Unlimited, LLC for Steel Reservoir
Exterior Coating Maintenance (2020) Consent Agenda
5. Interlocal Agreement Work-Order with Kitsap County for 2020 Striping Services Consent
Agenda
6. Confirm Appointment of Asia Renee Creech to the Arts Commission General Business
B. GENERAL COUNCIL BUSINESS
o Finance & Parking Committee Briefing (07/25/20 Meeting) – Chair Michael Goodnow
o Race & Equity Advisory Committee Briefing (08/11/20 Meeting) – Chair Leslie Daugs
Highlights included that during the REAC meeting, Darryl Riley was appointed to a 2-year
term; and Cely Quisano was appointed to a 1-year term.
o General Council Business was discussed; including a request for City Attorney Roger
Lubovich to provide an overview of Fireworks Legislation at the next Study Session on
August 26; and for the Administration to provide a presentation on Fireworks
Enforcement/Proposed Ordinance Amendments at the Study Session on September 9.
President Younger announced the next City Council Meeting would be held remotely on
Wednesday, August 19. With no further business, the Study Session was adjourned at 6:00 PM.
Prepared and Submitted by:
______________________________
LORI SMITH
Legislative Office Manager
City Council Study Session Minutes
Wednesday, August 12, 2020
Page 2 of 2
APPROVED by the City Council on the 19th day of August, 2020.
______________________________
ERIC YOUNGER, Council President
ATTEST:
______________________________
ANGELA HOOVER, City Clerk
EY:AH:ls:cg
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
2D
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
2E
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
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Bremerton/Parametrix, Inc.
Ostrich Bay Creek Stormwater Treatment Final Design and Construction Support Services
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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.
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Bremerton/Parametrix, Inc.
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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
2F
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
2G
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
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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
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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
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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.
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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.
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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
2H
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
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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
Renee 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 Renee 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
3A