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HomeMy WebLinkAbout03/17/2021 CITY COUNCIL AGENDA PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 WEDNESDAY, MARCH 17, 2021 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, members of the public are invited to click the link below: https://us02web.zoom.us/j/83648491443?pwd=UVlaQTVzQmQrblE4aUsrTFo3T2kvdz09 Or iPhone one-tap: US: +12532158782,,83648491443#,,,,*408318# or +16699006833,,83648491443#,,,,*408318# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 215 8782 or +1 669 900 6833 or +1 346 248 7799 or +1 301 715 8592 Webinar ID: 836 4849 1443 Passcode: 408318 Public questions or comments may be submitted ahead of time 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 – March 3, 2021 C.Minutes of Study Session – March 10, 2021 D.Resolution No. 3336 authorizing the Use of Electronic Signatures and Electronic Records E.Resolution No. 3337 approving the Change of Indirect Control of the Wave Division IV, LLC d/b/a Wave Broadband Franchise F.Interlocal Agreement with Kitsap County for Public Access Television Funding G.Amendment to Courthouse Security Services Contract with Kitsap County Sheriff’s Office (Contract term January 1, 2021 through March 31, 2021) H.Public Works Agreement with Pape & Sons Construction, Inc. for the 6th Street Sewer Replacement Project I.Grinder Pump System Maintenance Agreement with Correct Equipment, Inc. 3.GENERAL BUSINESS A.Goods and Services Agreement with Merchant Patrol Security Services for Bremerton Municipal Courthouse Security Services Continued on next page… 4. MAYOR'S REPORT 5. PUBLIC RECOGNITION 6. COUNCIL MEMBER REPORTS 7. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: March 17, 2021 Department: Legal Services Presenter: Angela Hoover Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 392916-393106 and Electronic Fund Transfers V32434-V32517 in the grand total amount of $2,882,039.79 2. Regular Payroll and Pay Outs for pay period ending February 28, 2021 in the amount of $834,615.99 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 – March 3, 2021 Study Session Date: N/A COUNCIL MEETING Date: March 17, 2021 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Meeting held on March 3, 2021 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 March 3, 2021 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, March 3, 2021 A virtual meeting of the City Council of the City of Bremerton was called to order Wednesday, March 3, 2021, at 5:30 PM with Council President Kevin Gorman presiding. Council Members present were Eric Younger, Mike Simpson, Michael Goodnow, Lori Wheat, Leslie Daugs, and Pat Sullivan. Also present were City Attorney Roger Lubovich; City Clerk Angela Hoover; Legislative Office Manager Lori Smith; and IT Network Systems Engineer Hans Nilsson. President Gorman read a statement that per an amending proclamation issued by Governor Inslee extending the “Stay Home – Stay Healthy” order to help reduce the spread of COVID-19, the Council Meetings are allowed to be conducted virtually until the order is rescinded… CONSENT AGENDA 2A – Claims & Check Register: Check Numbers 392768-392915 and EFT-V32365 through EFT- V32433 in the total amount of $1,883,266.18; Regular Payroll for pay period ending February 15, 2021 in the amount of $931,738.47; and Retiree Payroll for pay period ending February 28, 2021 in the amount of $53,136.23 2B – Minutes of Study Session – January 13, 2021 (Due to a correction…) 2C – Minutes of Meeting – February 17, 2021 2D – Minutes of Study Session – February 24, 2021 2E – Lease & Services Agreement with Pitney Bowes for Mailroom Postage Machine and Inserter 2F – Confirm Reappointment of Patricia Iolavera to the Citizen’s Commission on Council Salaries 2G – Confirm Appointment of Cristopher Bellini to the Civil Service Commission 2H – Accept Interagency Agreement with the Washington State Department of Natural Resources (DNR) for the DNR Beach Sewer Mitigation Project 2I – Contract Modification Agreement No. 2 with Parametrix, Inc., for Design of the Ostrich Creek Culvert Replacement Project 2J – Professional Services Agreement with Parametrix, Inc. for the Oyster Bay Public Works Facility Expansion Project There were no questions or comments from the public… 5:34 M/S/C/U (Goodnow/Daugs) Move to approve the CONSENT AGENDA as presented. PUBLIC HEARING 3A – PUBLIC HEARING ON ORDINANCE NO. 5416 AMENDING SECTION 20.46.010 OF THE BREMERTON MUNICIPAL CODE (BMC) TO ALLOW TWO ACCESSORY DWELLING UNITS PER SINGLE FAMILY LOT: Planning Manager Allison Satter explained in a Power Point Presentation that the action before Council is to conduct a Public Hearing and adopt an Ordinance amending BMC Title 20 for Accessory Dwelling Units (ADU) to allow two ADUs per single-family home lot. The Council already made amendments to the ADU code in December 2020 via Ordinance 5410 to incorporate most of the Planning Commission recommendations. However, the Council requested that one item, to allow two ADUs per single-family lot, be discussed at a future date. Council will determine if the proposed code changes to allow two ADUs per Single Family Lot will be adopted following a public hearing. City Council Reg. Mtg. Minutes Wednesday, March 3, 2021 Page 2 of 5 President Gorman explained the purpose of this Public Hearing is to accept public comment… Questions and comments from the public were received by David Ferguson, Dave Kimball, Anna Mockler, and Wilbur Burton; with responses provided by Ms. Satter… With no further questions or comments, President Gorman closed the hearing to the public, and opened discussion to the Council… 5:48 Motion was made by Daugs; and seconded by Goodnow… Questions and comments were provided by Daugs, Goodnow, Sullivan, Wheat, Younger, Simpson, and Gorman; with procedural clarification provided by City Clerk Angela Hoover; and response to questions provided by Ms. Satter… 6:05 M/S/C (Daugs/Goodnow) Move to pass Ordinance No. 5416 to amend Bremerton Municipal Code Section 20.46.010 entitled “Accessory Dwelling Units” to allow two ADUs per single-family lot per the Planning Commission’s recommendation. Voted in favor of Motion: Daugs, Wheat, Goodnow, Gorman Voted opposed to Motion: Simpson, Younger, Sullivan Motion carried: 4-Yes; 3-No GENERAL BUSINESS 4A – APPROVE WASTE MANAGEMENT 2021 CITIZEN OUTREACH PROGRAM: Contracts Administrator Melinda Monroe introduced Waste Management Representatives, including Education & Outreach Manager Hannah Scholes, Outreach Coordinator Phillip Tran, and Public Sector Manager Laura Moser. It was explained that Waste Management is required under Section 10.5 of the current franchise agreement to provide an annual public outreach campaign upon approval of the City of Bremerton. The proposed 2021 Citizen Outreach is focused on reducing contaminated recycling and includes a cart tagging component scheduled for late spring and summer months. Questions and comments from the public were received by Anna Mockler; with a response provided by Ms. Scholes… 6:15 Motion was made by Daugs; and seconded by Wheat … Questions and comments were provided by Daugs, Wheat, Simpson, and Gorman; with responses provided by Ms. Scholes… 6:23 M/S/C/U (Daugs/Wheat) Move to approve the Waste Management Outreach Program as presented. 4B – PROFESSIONAL SERVICES CONTRACT FOR KITSAP MENTAL HEALTH SERVICES- DESIGNATED CRISIS RESPONDER: Police Captain Randy Plumb announced that the Designated Crisis Responder (DCR) is a mental health professional that will provide response and consultation to officers in the field, including follow-up for select encounters, and connect to appropriate services. Also available to assist in the presentation were Philip Hernandez and George Mastic with Kitsap Mental Health Services. Questions and comments from the public were received by Kiaha Long; with a response provided by Captain Plumb… 6:32 Motion was made by Daugs; and seconded by Simpson… Questions and comments were provided by Daugs, Simpson, Wheat, Sullivan, and Gorman; with responses provided by Captain Plumb, Mr. Hernandez, and Mr. Mastic… 6:42 M/S/C/U (Daugs/Simpson) Move to approve the Professional Services Contract for Kitsap City Council Reg. Mtg. Minutes Wednesday, March 3, 2021 Page 3 of 5 Mental Health Services-Designated Crisis Responder; and authorize the Mayor to finalize and execute the contract with substantially the same terms and conditions as presented. 4C – APPROVE WATER RESOURCE INVENTORY AREA (WRIA) 15 KITSAP WATERSHED RESTORATION & ENHANCEMENT DRAFT PLAN FOR SUBMITTAL TO DEPARTMENT OF ECOLOGY: Environmental Technician Teresa Smith used a PowerPoint presentation to assist in explaining that the Streamflow Restoration Act (RCW 90.94) is a law passed in 2018 to help protect water resources while providing water for families in rural Washington. The law directs local planning groups to develop plans that offset potential impacts to instream flows associated with new permit-exempt domestic water use. By legislative directive, the City of Bremerton is a member of the WRIA 15 Kitsap Watershed Restoration and Enhancement Committee. The Committee has developed and finalized the watershed plan for local review and approval by all participating members’ governing bodies. The plan includes growth projections for new permit-exempt domestic wells, consumptive water use estimates, and projects and actions that will offset impacts associated with new consumptive water use. All members must approve the plan prior to submitting the plan to the Department of Ecology (DOE) for review and adoption. If all members do not approve the plan, DOE completes the draft plan and begins rulemaking. Questions and comments from the public were received by Anna Mockler; with a response provided by Ms. Smith… 6:53 Motion was made by Sullivan; and seconded by Daugs… Questions and comments were provided by Sullivan, Daugs, Wheat, and Simpson; with responses provided by Ms. Smith… 7:02 M/S/C/U (Sullivan/Daugs) Move to approve the WRIA 15 Kitsap Watershed Restoration & Enhancement Draft Plan for submittal to the Department of Ecology. 4D – ACCEPT HIGHWAY SAFETY IMPROVEMENT PROJECT GRANT; AND ACCEPT LOCAL AGENCY AGREEMENT WITH WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (WSDOT) FOR THE SYSTEMIC PEDESTRIAN TREATMENT PROJECT: Engineering Project Manager Andrea Archer-Parsons used a Power Point presentation to highlight that the City has been offered a Highway Safety Improvement Project (HSIP) Grant to design and construct rectangular rapid flashing beacons (RRFB) with associated ADA ramp upgrades at select locations city wide. The project cost is $864,500. The grant requires a 10% match; however, the construction phase is eligible for 100% funding if the obligation is authorized by April 30, 2023. The offered grant will be in WSDOT Standard Forms, with their standard terms and conditions. There were no questions or comments from the public… 7:06 Motion was made by Daugs; and seconded by Simpson…Questions and comments were provided by Simpson; with responses provided by Ms. Archer-Parsons and Managing Engineer Shane Weber… 7:09 M/S/C/U (Daugs/Simpson) Move to accept the Highway Safety Improvement Project Grant and approve the Local Agency Agreement for the Systemic Pedestrian Treatment Project, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. 4E – CONTRACT MODIFICATION AGREEMENT NO. 2 WITH ANCHOR QEA, LLC FOR THE WESTSIDE WASTEWATER TREATMENT PLANT (WWTP) OUTFALL SEDIMENT SAMPLING & STUDY PLAN: Managing Engineer Bill Davis explained that Anchor QEA was retained by the City in November 2018 to perform an $89,000 flow characterization evaluation at the West Wastewater Treatment Plant outfall to define sediment quality as required by our NPDES permit. In subsequent negotiations with Ecology, they requested we develop a technical memorandum City Council Reg. Mtg. Minutes Wednesday, March 3, 2021 Page 4 of 5 summarizing the flow sampling results. Contract Modification No. 1 was executed in June 2020 and added $25,502 for ongoing negotiations and development of the technical memo. Ecology has now indicated that we must perform sediment sampling at the outfall; however, we must first develop a Sediment Sampling plan for Ecology approval. This Contract Modification No. 2 provides $42,550 to develop the Sediment Sampling Plan and support continued negotiations and discussion with Ecology. Upon Ecology approval of the plan, a third Contract Modification to perform the sediment sampling and associated analysis is expected. Questions and comments from the public were received by Anna Mockler; with a response provided by Mr. Davis… 7:13 Motion was made by Wheat; and seconded by Goodnow… Questions and comments were provided by Simpson; with a response provided by Mr. Davis… 7:15 M/S/C/U (Wheat/Goodnow) Move to approve Contract Modification Agreement No. 2 with Anchor QEA, LLC for Westside Wastewater Treatment Plant Outfall Sediment Sampling and Study Plan; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. MAYOR’S REPORT – Mayor Wheeler…  Was pleased to announce that in spite of COVID-19, City of Bremerton Sales Tax totals were higher in 2020 than in 2019; and activity in January and February for 2021 is higher than the same timeframe of 2020; and Permit Activity in January and February 2021 were the highest ever seen for the start of a new year; and  Highlighted COVID-19 Assistance provided by the City. PUBLIC RECOGNITION Anna Mockler reiterated her request for Council to move Public Recognition to the beginning of the meeting; and hoped the City could update the Zoom software so the public could see who else is attending the meeting. Kiaha Long echoed comments by Ms. Mockler; inquired about the use of the old Harrison Hospital building for homeless persons; and expressed concerns about race equity issues. COUNCIL MEMBER REPORTS Pat Sullivan announced the Bremerton Central Lions are planning a shredding event to be held at the Elks Club in April, with details to be announced soon. Leslie Daugs announced the Race Equity Advisory Committee will be hosting a retreat on Sunday, March 7 from 1:00 to 5:30 PM, and the regular REAC monthly meeting would be on Thursday, March 11 at 6:00 PM. She also thanked citizens for participating in the meeting, and “sticking it out to the end” to provide their comments. Lori Wheat shared with the community on how they could join “Next Door” to communicate with other residents of their neighborhood; appreciated citizens who provided critical feedback tonight; echoed support for moving Public Recognition back to the beginning of the meeting; would be hosting a District 4 Community Meeting virtually on Thursday, March 25 from 5:30 to 6:30 PM; and wished Council Vice President Leslie Daugs an early happy birthday. Michael Goodnow reflected on earlier Council action, noting he was glad that several important items moved forward tonight; and wished everyone a good week. City Council Reg. Mtg. Minutes Wednesday, March 3, 2021 Page 5 of 5 Mike Simpson mentioned the renaming of the Bremerton Post Office building in honor of John Henry Turpin, and suggested that with the anniversary of his death coming up on March 10, that the City install a plaque in his honor. He also expressed support for the action by the County Commissioners urging the Governor to allow Kitsap County to move on to Phase 3 to help open businesses and improve the economy; and again encouraged ride-alongs with the Bremerton Police Officers to gain a better understanding of their value and service to the community. Eric Younger enjoyed the Mayor’s earlier presentation, and was happy to see the positive data on the sales tax, in spite of the pandemic. He also asked if REAC, as well as the other Committee meetings are available for Council Members to view without creating a quorum issue. Kevin Gorman reminded the public that all meetings will be held by Zoom until further notice, including the Study Session next week on Wednesday, March 10, 2021 beginning at 5:00 PM. With no further business, President Gorman adjourned the Council Meeting at 7:51 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 17th day of March, 2021. ________________________________________ KEVIN GORMAN, City Council President Attest: ________________________________________ ANGELA HOOVER, City Clerk KG:AH:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session – March 10, 2021 Study Session Date: N/A COUNCIL MEETING Date: March 17, 2021 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Study Session held on March 10, 2021 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 March 10, 2021 Study Session Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 2C 22C CITY COUNCIL STUDY SESSION MINUTES Wednesday, March 10, 2021 A virtual Study Session of the City Council of the City of Bremerton was called to order on Wednesday, March 10, 2021 at 5:00 PM, with Council President Kevin Gorman presiding. Council Members present were Eric Younger, Mike Simpson, Michael Goodnow, Lori Wheat, Leslie Daugs, and Pat Sullivan. Lori Smith, Legislative Office Manager, was present to provide staff support. President Gorman established that to help reduce the spread of COVID-19, the City Council is conducting the Study Session via a Zoom webinar 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 March 17, 2021 City Council Meeting Agenda… A. BRIEFINGS ON AGENDA ITEMS 1. Resolution authorizing the Use of Electronic Signatures and Electronic Records Consent Agenda 2. Resolution approving the Change of Indirect Control of the Wave Division IV, LLC d/b/a Wave Broadband Franchise Consent Agenda 3. Interlocal Agreement with Kitsap County for Public Access Television Funding Consent Agenda 4. Amendment to Courthouse Security Services Contract with Kitsap County Sheriff’s Office (Contract term January 1, 2021 through March 31, 2021) Consent Agenda 5. Agreement for Courthouse Security Services with Merchant Patrol Security Services for Bremerton Municipal Court (Contract anticipated to begin April 1, 2021 through December 31, 2022) General Business 6. Public Works Agreement with Pape & Sons Construction, Inc. for the 6th Street Sewer Replacement Project Consent Agenda 7. Grinder Pump System Maintenance Agreement with Correct Equipment, Inc. Consent Agenda 8. City of Bremerton Development Staffing Needs for Community Development and Public Works & Utilities Development Engineering Information Only B. GENERAL COUNCIL BUSINESS o Audit Committee Briefing (03/02/21 Meeting) – Chair Leslie Daugs o Race Equity Advisory Committee Briefing (03/07/21 Retreat) – Chair Leslie Daugs o Other General Council Business was discussed. C. EXECUTIVE SESSION At 7:01 PM, President Gorman announced that a 15-Minute Executive Session would be held to discuss “Potential Litigation” as allowed under RCW 42.30.110(1)(i), and that action was anticipated… At 7:16 PM President Gorman called the meeting back to order… City Council Study Session Minutes Wednesday, March 10, 2021 Page 2 of 2 7:17 PM Motion was read into the record by City Attorney Roger Lubovich; which was so moved by Simpson; and seconded by Goodnow… 7:17 M/S/C/U (Simpson/Goodnow) Move to authorize the City Attorney to initiate and pursue any necessary litigation to abate any and all nuisances on property located at 1219 8th Street, 1106 8th Street, 4203 Westview Drive, 1014 Scott Avenue, 826 Chester Avenue, and 3536 West Arsenal Way. President Gorman wished Council Vice-President Leslie Daugs a happy birthday; and reminded the public that all meetings will be held remotely until further notice, including the next regular Council Meeting on Wednesday, March 17, 2021 at 5:30 PM. With no further business, the Study Session was adjourned at 7:21 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 17th day of March, 2021. ______________________________ KEVIN GORMAN, Council President ATTEST: ______________________________ ANGELA HOOVER, City Clerk KG:AH:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: March 10, 2021 Resolution No. 3336 authorizing the Use of Electronic Signatures and Electronic Records COUNCIL MEETING Date: March 17, 2021 Department: Legal Presenter: Melinda Monroe Phone: (360) 473-5306 SUMMARY: The current policy 2-20-6 Electronic Record Policy has been updated to allow for the inclusion of ESSB 6028 and RCW 1.80.170 and defines the use of electronic signature via approved software and procedures. The proposed policy serves to align the City's signature policy with current Washington State law. The updates are: 1) Allow the use of remote electronic signature software and file management for the purpose of executing agreements. 2) Allow the use of remote and electronic notary services. ATTACHMENTS: 1) Resolution No. 3336; 2) Contract Process Workflow; 3) Laserfiche Process Workflow; 4) DocuSign Process FISCAL IMPACTS (Include Budgeted Amount): none STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Resolution No. 3336 updating the Electronic Record Policy defining the use of electronic signatures; and authorizing the Mayor sign Resolution No. 3336 into action to implement procedural updates to comply with ESSB 6028 and RCW 1.80.170. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 2D Page 1 of 2 Resolution Electronic Signature and Electronic Filing Policy Rev. 10/2018 RESOLUTION NO. 3336 A RESOLUTION of the City Council of the City of Bremerton, Washington, authorizing the use of electronic signatures and electronic records in the City of Bremerton. WHEREAS, in RCW 1.80.170, the Washington state legislature to the extent not already authorized by federal or state law, has determined that each governmental agency shall determine whether and to what extent it shall send and accept electronic records and signatures; and WHEREAS, the City has been authorized by the Governmental Proclamations 20-28.2 to waive and suspend any activity that occurs in an in-person setting to prevent further spread of the virus and to meet the related prohibition; and WHEREAS, ESSB 6028 passed by the Washington State Legislature on June 11, 2020 allows that a record or signature may not be denied legal effect or enforceability solely because an electronic record was used in its formation; and WHEREAS, the City of Bremerton has implemented electronic signature software platforms and electronic filing platforms; and WHEREAS, the City of Bremerton has authorized remote work for its employees to comply with Proclamation 20-28.2 and authorized COB Policy 2-20-06 Electronic Records Retention to WHEREAS, the City of Bremerton would like to fully implement its digital signature capability including the option to use remote notary capability; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The use of Electronic Signature is an authentic means of executing a legally binding agreement, the responsibilities of this action, and the procedures that shall be available to implement a secure execution and maintenance of electronic records. SECTION 2. The City Council hereby adopts the Electronic Signature and Remote Notary Policy attached hereto as Exhibit A. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. Page 2 of 2 Resolution Electronic Signature and Electronic Filing Policy Rev. 10/2018 PASSED by the City Council of the City of Bremerton, Washington this _____ day of March, 2021. KEVIN GORMAN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney Angela Hoover, City Clerk EXHIBIT A Page 1 of 4 CITY OF BREMERTON ELECTRIC DOCUMENT MANGEMENT POLICY ELECTRIC SIGNATURE AND REMOTE NOTARY POLICY INDEX ____ EFFECTIVE DATE: REVIEW DATE: REVISED DATE: APPROVED REFERENCES SCOPE PURPOSE POLICY WA ESSB 6028 Uniform Electronic Transactions Act (UETA) 15 U.S.C. Ch. 96 Electronic Signatures in Global and National Commerce Act Washington State Governor's Proclamation 20-28.2 COB Policy 2-20-06 Electronic Records Retention An electronic signature policy, electronic review and filing policy and a remote Notary policy for the purpose of providing an authentic and efficient procedural process for the use of electronic signatures and remote notarization of documents. This policy provides guidelines for the use of electronic signatures: •It will determine the scope of the city’s use of the electronic signature DocuSign. The manner and format in which electronic records must be created, generated, sent, communicated, received, and stored, and the systems established for those purposes. •The type of electronic signature required, the manner and format in which the electronic signature must be affected, and the identity of/or criteria that must be met by any third party used by a person filing a document to facilitate the process; and •The control processes that will be used to ensure the preservation, disposition, integrity, security, confidentiality, and auditability of electronic records. DEFINITIONS: Electronic Signature: An electronic symbol applied to a document with the intent of having the symbol act as a signature. Digital Signature: A type of electronic signature with increased certification and trust used for agreements between the City and parties outside the City and for agreements within the City as required by departments. Record: Data that is imprinted on a document that can be retrieved in accordance with local agency retention, preservation, destruction, and EXHIBIT A Page 2 of 4 disclosure policies. Wet Signature: A signature created in person when the signer physically marks a document. RESPONSIBILITIES: It is the responsibility of all City of Bremerton employees, elected officials and volunteers to ensure that they adhere to the electronic signature procedures outlined in this policy to provide reasonable assurance of authenticity and accuracy when using electronic documents. ELECTRONIC SIGNATURE POLICY: 1.The City of Bremerton recognizes electronic signatures as legally binding and equivalent in nature to wet signatures. 2. The City of Bremerton recognizes that documents may be created in a variety of digital formats including Microsoft Office products, Bluebeam products, and Adobe products and that they may be reviewed and edited via these and other replacement digital platforms. Additionally, that the communication tools for these documents includes shared internal network locations, email, Laserfiche, and DocuSign. 3.The City of Bremerton authorizes the electronic signature platform DocuSign, or any replacement electronic signature platform, to be utilized in applying digital signatures to City documents. As well as the use of Adobe-pro digital signature capability and Bluebeam digital signature capability for internal approvals and forms. And the City of Bremerton authorizes the use of Laserfiche, or any replacement electronic document filing platform, to be utilized for the secure storage and filing of the City of Bremerton electronic records. 4. The digital signature platform DocuSign or any future replacement electronic signature platform is authorized to apply electronic signatures to any contracts and other documents to which the City of Bremerton is a party, including but not limited to City Council, Boards or Commission actions or meeting minutes, resolutions and ordinances adopted or passed by the City Council, and claim vouchers approved by the City Council. 5. Electronic Digital signatures may be used on City records requiring execution by a third party. 6. Electronic signatures may be applied using other electronic signature tools, such as Adobe, for documents such as internal documents. 7. Electronic Signatures may not be applied using another employee’s name. Any employee or official applying an electronic signature shall use his or her own name. 8. This policy does not impact the use or legitimacy of wet signatures. The City of Bremerton acknowledges that there are circumstances where federal and/or state law require the use of a wet signature. For that reason, the use of digital signatures is recommended as possible but is not a required means of executing an agreement. EXHIBIT A Page 3 of 4 ELECTRONIC DOCUMENT REVIEW PROCEDURES: 1. A limited number of individuals are permitted to route documents for internal review and approvals. 2. A designated individual from each department shall upload the document and support documents including internal approval routing forms into the Laserfiche workflow platform or equivalent. 3. The Contracts Administrator, Finance Director or designee, and City Attorney or designee shall review and approve the document according to the appropriate policy and regulations. 4. When all internal reviews are complete the document shall be released to the Contracts Administrator to gather signatures via the Electronic Signature Procedure or if wet signature is required to the originating department and sender to gather and coordinate wet signatures. ELECTRONIC SIGNATURE PROCEDURES: 1. The Contracts Administrator is permitted to route documents for signatures between the City and outside organizations. The Contracts Administrator will work with Department to support electronic signatures with software programs other than DocuSign for internal signature processes. 2. A. If you receive a document from DocuSign that requires an electronic signature, select the “review document” option in the DocuSign email. B. Once the document opens, review the contents of the document fully. Once you are satisfied that you have the authority to sign the document, and that you agree to comply fully with the obligations of the document you may proceed. To sign, click the “sign” button with the red arrow and then click on the yellow “adopt and sign” button to apply your electronic signature to the document. C. You may decline to sign a document, or just not proceed. If you wish assistance you may contact Contracts Administrator or IT. D. Select the yellow “Finish” button in the upper right-hand corner to return the signed document to the original sender and Contracts Administrator. ELECTRONIC FILING PROCEDURES: 1. Once the electronic signature process is complete the Contracts Administrator will send the document along with support documents and the DocuSign certification to Laserfiche where it will be filled according to document type and if related to purchasing will receive a contract number or appropriate title and meta data. 2. The Contracts Administrator will also email and notify the originating department that full execution has occurred and provide the contract number or appropriate document title. 3. All parties are able to view documents according to the public records act in the Laserfiche forms or replacement platform. REMOTE NOTARIZATION POLICY: 1. The City of Bremerton recognizes remote notarization as legally binding EXHIBIT A Page 4 of 4 ATTACHMENTS option and equivalent in nature to electronic notarization and physical notarization. 2. The City of Bremerton authorizes the use of the remote notarization platform DocuSign in conjunction with the audio-visual platform Zoom to notarize city documents. 3. The remote notarization platform DocuSign and the audio-visual platform Zoom, or any future replacement remote notarization or audio-visual platforms are authorized to remotely notarize any contracts to which the City of Bremerton is a party. 4. Per RCW 42.45.280, a remotely located individual must personally appear for the notarial act using communication technology and must be identified by the notary public using at least two forms of valid identification. 5. A notary public must have an electronic notary endorsement and remote online notary authority (RON) prior to performing remote notarial acts. 6. A notary public must retain an audio-visual recording of the notarial act as outlined in RCW 42.45.280. 7. Per WAC 308-30-220, the maximum fee that a notary may charge for witnessing or attesting to a signature, taking an acknowledgement or a verification upon oath or affirmation, certifying or attesting a copy, administering an oath or affirmation or certifying that an event has occurred, or an act has been performed is $10. 8. This policy does not impact the use or legitimacy of electronic or physical notarization. REMOTE NOTARIZATION PROCEDURES: 1.A. Apply for remote online notary authority (RON) by sending an email to the Washington Department of Licensing notary group at notaries@dol.wa.gov B. In the subject line put “Remote Online Notary Endorsement Application” and in the body of the email include your name, your notary license number, and the date that you applied for the electronic notary endorsement. 2.A. The online notarization process starts when a sender prepares a DocuSign envelope to send to the signer and the notary. B. After receiving the envelope, the notary schedules a remote audio-visual conferencing session with the signer through Zoom. C. When the Zoom session begins, the notary will start recording the session by utilizing the record button on the Zoom toolbar located at the bottom of the screen. D.Once the Zoom recording has begun, the notary will confirm the identity of the signer. E. After the signer’s identity has been verified, the notary will share their screen and then will begin the signing portion of the process by Contract Process with City Council Approval Laserfiche Workflow Basic DocuSign Process Basic Contracts Workflow including City Council Approval 1 -Identified purchase/draft solicitation and/or contract 3-Send documents to vendor for approval (Notify vendor that this is a proposed template agreement and nonbinding until fully executed by the parties.Terms are still subject to negotiation). 2-Complete procurement process and select a vendor for award. 1-Send Vendor approved documents back to legal via Laserfiche for final review (include the prior legal review number) 2-Legal approves the contract; the department uploads the legal approved documents into Municode (if applicable) 3-Once approved by the Council and/or legal, the Contracts Administrator will unload the approved contract and Agenda Bill into Docusign to gather signatures Final Review: Laserfiche Required Now what happens?7-The Contract Admin uploads the contract and all review and support documents into Docusign 8-The Contract Admin places signature lines on the contract and the Docusign software starts to route requests to emails provided 9-Once everyone has signed notification is provided to the Contract Admin and the signed document is sent to Laserfiche and assigned a contract number Now what happens? Purchase is identified and procurement process is started Contract is drafted Contract is sent via Laserfiche to finance and legal for review and signature. Input the green sheet number in notes. If Contract is approved by legal and City Council and CA collects agenda bill and sends to DocuSign to collect signatures Contract is filed in Laserfiche Contract Process Workflow with City Council Approval2/5/2021 Contract is sent to Vendor for approval. If vendor approves then it is ready for reviews and signature; otherwise go back to drafting process Contract is sent via Municode to City Council for approval Contracts Checklist: Items needed for signature process Negotiated Contract where both the vendor and the City of Bremerton agree to the terms. Any associated support documents such as approved proof of insurance, signed Bonds, or required bid response forms. City Council Approval on the most current version of the agreement if over $25,000 Evidence of departmental approval (internal routing form) Evidence that finance has confirmed the budgetary approval for this item Evidence that legal has approved the agreement language and form Vendor signatory name, title and email or verification that they will sign a hard copy and scan it to us Laserfiche workflow - Laserfiche routing to DocuSign basic Step 1: Login into you Laserfiche account. Go http://cobapp-lf/Forms/ Step 2: Select start process Step 3: Enter your Basic Contract information - fields are fillable and have drop downs Step 4: Enter your Contracts Details. Upload the contract documents. You are allowed to upload up to 5 documents. If you have prior legal reviews please make sure to upload this "Green Sheet". Step 5: Vendor Signature - you can add the vendor signatory information here or if not known you can add the a department contact name and email. If the vendor has already signed (without docusign) scan and upload the vendor signed documents. Step 6: Submit The contract is routed to the Contracts Administrator for an initial review of the submission; once approved it moves on to the Finance Director approval; it is then approved and moves onto legal review. Once you receive legal review and approval, the Contracts Administrator will send it to DocuSign for final signatures. You will recieve emails with the fully signed document and the Laserfiche contract number. DocuSign Process After the completing the draft of the contract and completion of the Laserfiche review process it is time to collect signatures. Step 1: Determine if a digital signature is appropriate (this is completed by the originator of the document - or at the department level). 1. Does this document need to be recorded by the County Auditor? If yes DocuSign is not appropriate currently. 2. Does this document need to be notarized? If yes, DocuSign is not appropriate currently. 3. Ask the other party if they can use DocuSign to execute the document? o If yes, then move on to Item 4. o If no, ask if they can sign and scan the original as well as send the hardcopy to you. 4. Once you have taken the document through the Laserfiche review process and have approval from all appropriate levels via the Laserfiche process:  Department  Finance  Legal  City Council Step 2: It is time to collect signatures - this is done by the Contracts Administrator 1. The Contracts Administrator will receive notice via the Laserfiche process that legal has approved the document/contract. The contracts administrator will collect the approved City Council form (if applicable) from Laserfiche. 2. The Contracts Administrator will upload the documents and approvals into DocuSign via the Laserfiche DocuSign workflow process. 3. The Contracts Administrator will: a. Arrange documents in appropriate order and ensure that none are missing. b. Verify the location of all signature line items c. Ensure all signatory email and data is collected d. Load and place signature line items. e. Track the collection of signatures and send updates notices and requests as needed. 4. Once all signatures are collected email notices out to the originating department and send the appropriate documents to Laserfiche for filling by document type. And ensure that the Contract numbers are sent to the originating departments. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: March 10, 2021 Resolution No. 3337 approving the Change of Indirect Control of the Wave Division IV, LLC d/b/a Wave Broadband Franchise COUNCIL MEETING Date: March 17, 2021 Department: Finance Presenter: Melinda Monroe Phone: (360) 473-5306 SUMMARY: November 30, 2020 Wave Cable submitted a notice of Transfer of Control of their Parent Company Wave Division IV, LLC/d/b/a Wave Broadband. The Wave Division Broadband Franchise will continue to be held by the same legal entity that holds this Broadband Franchise today. However, it will operate under the ultimate ownership and indirect control of StonePeak Infrastructure Partners. The new controlling company, Stone Peak Infrastructure Partners ("StonePeak") has no current plans to change local operations or structure of the operations or services offered. It is however expected to make additional resources available to Bremerton with which it can enhance its network and improve services in the City of Bremerton. Per section 15.1(A) of the current franchise the City Council is required to approve this transfer via resolution. ATTACHMENTS: Resolution No. 3337 FISCAL IMPACTS (Include Budgeted Amount): none STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Resolution No. 3337 approving the Change of Indirect Control of the Franchisee under the Cable Television Franchise; and authorizing the Mayor to sign Resolution No. 3337 into action to implement procedural updates to comply with Section 15.1 of the Franchise Agreement. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 2E Page 1 of 2 Change of Indirect Control – WaveDivision IV, LLC Franchise RESOLUTION NO. 3337 A RESOLUTION of the City Council of the City of Bremerton, Washington, approving the change of indirect control of the franchise under the Cable Television Franchise. WHEREAS, WaveDivision IV, LLC d/b/a Wave Broadband ("Franchisee") owns, operates and maintains a cable television system (the "System") in the City of Bremerton pursuant to a cable television franchise ("Franchise") granted by the governing body of the City of Bremerton (the "Franchise Authority"), and Franchisee is the current duly authorized holder of the Franchise; and WHEREAS, pursuant to an Agreement and Plan of Merger ("Agreement"), funds associated with Stonepeak Infrastructure Partners ("Acquiror"), a Delaware limited liability company, will purchase 100% of the membership interests of Radiate Holdings, L.P., a Delaware limited partnership, (which owns 100% of the indirect ownership interests in Franchisee), and, as a result, the indirect control of Franchisee will change (the "Change of Control"); and WHEREAS, Franchisee and Acquiror have requested the consent of the Franchise Authority to the Change of Control in accordance with the requirements of the Franchise, have filed an FCC Form 394 with the Franchise Authority, and have provided the Franchise Authority with all information necessary to facilitate a decision by the Franchise Authority (the "Application"); and WHEREAS, the Franchise Authority has reviewed the Application, examined the legal, financial and technical qualifications of Acquiror, followed all required procedures in order to consider and act upon the Application, considered the comments of all interested parties, and finds Acquiror to be suitable to indirectly control Franchisee; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Franchise Authority hereby accepts the Application and consents to the Change of Control, all in accordance with the terms of the Franchise and applicable law. SECTION 2. The Franchise Authority confirms that the Franchise is valid and outstanding and in full force and effect and there are no defaults under the Franchise. Subject to compliance with the terms of this Resolution, any action necessary with respect to the Change of Control has been duly and validly taken. SECTION 3. This Resolution shall have the force of a continuing agreement with Franchise and Acquiror, and Franchise Authority shall not amend or otherwise alter this Resolution without the consent of Franchise and Acquiror. Page 2 of 2 Change of Indirect Control – WaveDivision IV, LLC Franchise SECTION 4. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 5. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _____ day of __________________, 20____. KEVIN GORMAN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney ANGELA HOOVER, City Clerk AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: March 10, 2021 Interlocal Agreement with Kitsap County for Public Access Television Funding COUNCIL MEETING Date: March 17, 2021 Department: Finance Presenter: Jon Rauch Phone: (360) 473-5012 SUMMARY: Kitsap County provides P.E.G. Funding annually to BKAT to support Capital purchases. The current contract has expired. This is a new contract for a five (5) year period, 2021 - 2025. The City shall receive funds from the County totaling $178,700.00 over the next five (5) years. ATTACHMENTS: BKAT Kitsap County PEG Funds Agreement FISCAL IMPACTS (Include Budgeted Amount): $178,700.00 STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Interlocal Agreement with Kitsap County for Public Access Television Funding ; 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 Page 1 of 9 INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY AND THE CITY OF BREMERTON FOR PUBLIC ACCESS TELEVISION FUNDING This agreement is made and executed by and between Kitsap County (hereinafter referred to as the "County") and the City of Bremerton, a municipal corporation (hereinafter referred to as the "City") pursuant to Chapter 39.34 RCW. WHEREAS, the County and City each have the authority and responsibility to issue and oversee cable television franchise agreements; WHEREAS, Federal law allows cable television franchise authorities to require channel capacity for public/education/government programming access; and WHEREAS, the City and County cable television franchises provide that certain payments shall be made by the franchisees to support the public, educational, and government access channels (PEG fees); and WHEREAS, the County and City have previously executed agreements, which established the City of Bremerton as the entity responsible for the management and operation of the public/education/government access channel and community access center for video productions through Bremerton Kitsap Access Television (hereinafter referred to as “BKAT”); and WHEREAS, the Funding Agreement by and between the County and City related to BKAT- executed on May 6, 2011, and as subsequently amended and extended on December 14, 2015, will expire on December 31, 2020 and is in need of replacement; and WHEREAS, public access television serves a base need for public, education, and governmental programming in the City of Bremerton and throughout Kitsap County; and WHEREAS, the County and City have determined that they will provide support for public, education, and government access television through the dedication of certain PEG fees; NOW THEREFORE in consideration of the mutual covenant contained herein, it is hereby agreed as follows: SECTION 1. DEFINITIONS 1.1 Access Channel or Public, Educational, or Governmental Access (PEG) Channel means any channel or portion of a channel utilized for non-commercial programming where any member of the general public or any organization may be a user. 1.2 Bremerton Kitsap Access Television (BKAT) means the program, facilities and services provided by the City under this funding agreement. 1.3 Capital Funding means all funds received from the holding of a Franchise Agreement with a cable company and to be used for the purpose of funding equipment and facilities in support of on-air public education and government programming. 1.4 Channel means a portion of the digital or electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel. Page 2 of 9 1.5 Franchise or Franchise Agreement means all franchise agreements with cable companies, including all referenced material, adopted in the appropriate manner by the City of Bremerton and Kitsap County. 1.6 PEG Fees mean funds provided to the City and County via revenue collected from their respective Cable Franchises for the purpose of funding Public, Educational, or Governmental Access Channels pursuant to 47 CFR 76.1505. 1.7 User(s) means any person, organization, institution, business, or group of persons representing such organization or business who use services or resources provided by BKAT or provide programming for cablecast on the access channels. SECTION 2. CITY’S RESPONSIBILITIES 2.1. Annual Reports. Prior to June 15 of each year, the City shall submit to the County the following information in paper form: A. Statistics on programming and services provided in the preceding year (January 1 – December 31). B. Current and complete listing of Public Access Advisory Committee members. C. Current and complete schedule of rates and charges for PEG access related activities. D. A summary of formal user and viewer complaints or comments along with BKAT responses from the preceding year (January 1 – December 31). E. A copy of the City’s adopted budget and supporting schedules for BKAT for the current year. F. Unaudited financial reports for BKAT for the preceding year (January 1 – December 31). G. Annual report identifying funding support from PEG fees and support contracts for Bremerton Kitsap Access Television (BKAT). H. Minutes from BKAT Advisory Board Meeting beginning for the January 2021 meeting and provided each meeting occurrence on an annual basis for the duration of the agreement. I. Network status report describing service interruptions,' duration of outages, and cable company response and follow-up. 2.2. Channels Open to Public. The City agrees to keep the access channel(s) open to all potential users, subject to FCC regulations, the Cable Communication Policy Act of 1992, and other relevant laws. Neither the City, County, nor the cable company(s), shall have the authority to control the content of programming placed on the public access channel(s) so long as such programming is lawful. Provided that, nothing herein shall prevent the City, County or cable company(s) from producing or sponsoring programming, prevent the City, County, or cable company(s) from underwriting programming, or prevent the City, County or cable company(s) from engaging in activities designed to promote production of certain types of programming or use by targeted groups as consistent with applicable law and rules for use of channels. BKAT may promulgate and enforce policies and procedures which are designed to promote local use of the channel(s) and make the programming accessible to the viewing public, consistent with such time, manner, and place regulations as are appropriate. 2.3. Copyright Clearance. Before cablecasting video transmissions, the City shall require all Users to agree in writing that they have obtained all rights to all material cablecast and/or Page 3 of 9 clearances from broadcast stations, networks, sponsors, music licensing organizations representative and without limitation from the foregoing, and any and all other persons as may be necessary to transmit program material over BKAT authorized channels unless such clearance is otherwise provided by the cable company(s). The City shall maintain copies of all such user agreements consistent with Section 2.6 of this Agreement and applicable records retention laws. 2.4. Distribution Rights. The City shall require that all programs produced with funds, equipment, facilities, or staff granted under this Agreement shall be distributed on the PEG channels. This Section shall not he interpreted to restrict other distribution, so long as such distribution is consistent with the rules and procedures governing such which shall be promulgated by BKAT and filed with the City and County. 2.5. Equipment. The City shall be responsible for maintenance of all equipment owned, leased, or loaned to it under this Agreement or purchased with funds provided pursuant to this Agreement. 2.6. Records. 2.6.1. The City will maintain adequate records and information to demonstrate that funds received from the County pursuant to this Agreement are used for capital expenditures or debt service payments on debt issued to pay for capital expenditures. 2.6.2. The City shall provide a quarterly budget status report available online at the City website or in the absence of an online report being available the City will provide such report directly to the County. 2.6.3. Audit and Record Retention. The City and its Personnel shall retain all books, documents, and records relating to performance of the Agreement and Services provided in connection with this Agreement for six (6) years after completion of the Agreement or longer if requested by the County. All records shall be subject to inspection and audit by the County. Upon request, the City shall promptly make available to County a legible copy of all books, documents, and records at no cost to County. 2.7. Services. City shall manage the following access services: A. Operate the Access Channels – Public, Education, and Government. Operate the public, educational, and government access channel(s) provided by cable companies to the County for community access programming purposes in a manner which is in compliance with applicable laws, rules, regulations, and City and County franchise ordinances, with the primary purpose being to administer, coordinate, and assist those requesting access on a non-discriminatory basis. B. Operate a Community Access Center. Manage a video production facility and equipment which shall be available for public use at such hours and times as are determined by the City. Access to equipment and facilities shall be open to all those who satisfactorily complete training class(es) provided by BKAT or who receive a certification from BKAT, identifying said user(s) as having satisfied training requirements through means other than BKAT training classes. Page 4 of 9 C. Provide Equal Access. Provide access to the use of the equipment, facilities, channels, and services provided hereunder on a non-discriminatory basis to all members of the community for non-commercial programming purposes, whether individuals, groups, or organizations on a first-come, first-served non-discriminatory basis, pursuant to operating rules promulgated by BKAT. D. Establish and Maintain Operating Policies and Procedure. Develop policies and guidelines for use and operation of access equipment, facilities, and channel(s) and file such policies, procedures, and rules with the City and County. F. Promotion. Actively promote the use and benefit of the public, educational, and government access channel(s) and facilities to cable subscribers, the public, access users, and the cable companies. G. Training. Train interested residents in the techniques of video production and provide technical advice in the execution of productions when requested. H. Other Activities. Based upon available funding, undertake other public, educational, and government access programming activities and services as deemed appropriate by the City and consistent with the obligation to facilitate and promote access programming and provide non-discriminatory access. I. Technical Standards. BKAT shall develop technical standards as a part of its operating rules and procedures. A decision, if any, to not cablecast a program due to technical problems shall in no way involve consideration of the actual content of the program itself. The City or County will not be held responsible for technical problems under control of the cable system. J. Charges for PEG Access Facilities, Equipment, Training, or Cablecast Time. The purpose of PEG access is to allow members of the community within the Service Area to communicate their activities, opinions, and ideas without interference or censorship. However, the City may find it necessary to charge a fee for use of facilities, equipment, cablecast time, or training. These fees will be limited to that which is necessary to cover operating costs of providing those services and facility use including a provision for administrative and overhead costs. Such fees shall not be used to interfere with or censor a user who seeks to produce PEG access programming. The City will also establish a process to enable individuals without sufficient funds to use equipment, facilities, cablecast time, or to receive training. K. Emergencies/Disasters. Access shall be provided to the broadcast facility for City and County broadcasting of public information during periods of local disasters and public emergencies. L. Public Service Notices. Provide equal access to County subscribers who are affiliated with government, education, or nonprofit organizations, to post public service announcements using a character generator. SECTION 3. COUNTY’S RESPONSIBILITIES 3.1. Annual Reports. By June 15 of each the County shall submit to the City the following Page 5 of 9 information in paper form: A. A summary of formal user and viewer complaints or comments along with County responses from the preceding year (January 1 – December 31). B. Network status report describing service interruptions,' duration of outages, and cable company response and follow-up. C. A copy of Cable companies Annual Report submitted to the County from previous year. 3.2. Facilities. The County shall provide and the City shall use the facilities at 7266 Tibardis Rd. NW, Bremerton Washington for the use of BKAT for public access purposes consistent with the separate facilities agreement executed by the Parties. 3.3. Funding. The County shall pay to the City $178,700.00 from fees by the cable companies to support public access, public education, and government access channels (PEG Fees) for the purchase of capital equipment as outlined in Addendum A: BKAT Capital Equipment Funding Plan. The City shall spend funds received from the County pursuant to this Agreement for equipment based on the attached Addendum A. Based on Addendum A, payment will be made by the County to the City as follows: $35,300.00 by April 30, 2021, $60,000.00 by April 30, 2022, $18,000.00 by April 30, 2023, $53,500.00 by April 30, 2024, and $11,900.00 by April 30, 2025. SECTION 4. TERM AND EFFECTIVE DATE 4.1 The Agreement will become effective on January 1, 2021 and terminate on December 31, 2025, unless terminated or extended. SECTION 5. TERMINATION OF AGREEMENT 5.1. For Convenience. The County or City shall have the right upon one hundred eighty (180) days written notice to the other party to terminate this Agreement without cause. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 5.2. For Funding issues. If any funding is not available, withdrawn, reduced, or limited in any way, or if additional or modified conditions are placed on the funding after the Agreement becomes effective, County may terminate the Agreement. SECTION 6. COPYRIGHT AND OWNERSHIP 6.1. The City and County shall own the copyright of any programs which they may choose from time to time to produce. Copyright of programming produced by the public shall be held by such person(s) who produces said programming. 6.2. The City and County each shall own all equipment acquired directly by each entity prior to this Agreement and furnished to BKAT for the purposes of providing public, educational, and government access channel(s). All other property acquired prior to the effective date of this Agreement shall be the property of the City. Equipment or facilities purchased with funds received pursuant to this Agreement shall become the property of the City and County upon termination or non-renewal of this Agreement proportionate to their share of revenues contributed pursuant to this Agreement. Page 6 of 9 SECTION 7. INSURANCE The County and City shall maintain, throughout the term of this Agreement, insurance adequate to protect both parties against claims that may arise as a result of the performance of this Agreement. Such insurance shall be placed with responsible insurers, self-insured, or carried through participation in an insurance pool at levels of coverage adequate to protect the County and the City against loss, and as ordinarily carried by municipalities engaged in similar operations. Upon request of the other party, County and City shall provide evidence of liability coverage. SECTION 8. INDEMNIFICATION The County and City shall each indemnify, defend, and hold the other harmless from and against any and all claims, suits, actions, causes of action, losses, damage, or liabilities arising or resulting from any alleged negligent or intentional acts or omissions arising out of the performance or non- performance of their respective responsibilities as set out in this agreement. SECTION 9. GOVERNING LAW AND VENUE The Agreement will be governed in all respects by the laws of the State of Washington, both as to interpretation and performance, without regard to conflicts of law or choice of law provisions. Any action arising out of or in connection with the Agreement may be instituted and maintained only in a court of competent jurisdiction in Kitsap County, Washington or as provided by RCW 36.01.050. SECTION 10. ADMINISTRATION AND NOTICE 10.1. Administration. The following individuals are designated as representatives of the respective parties. The representatives shall be responsible for administration of this Agreement and for coordinating and monitoring performance under this Agreement. A party shall notify the other party in the event the party’s representatives change. Where written notices are required under this Agreement, the notice shall be delivered to a party’s representative at the address listed: County’s Representative City’s Representative Department of Information Services Director Kitsap County Director of Financial Services City of Bremerton 614 Division Street MS-21 Port Orchard, Washington 98366 345 6th Street, Suite 100 Bremerton, WA 98337 10.2. Notice. Any notices, demands and other communications required by the Agreement will be effective if personally served upon the other party or if mailed by registered or certified mail, postage prepaid, return receipt requested, to the other party’s Agreement Representative at the address below. Notice may also be given by facsimile with the original to follow by regular mail. Notice will be deemed to be given three (3) days following the date of mailing, or immediately if personally served. For service by facsimile, service will be effective at the beginning of the next working day. SECTION 11. NONDISCRIMINATION The Parties in performance of this Agreement shall not discriminate against any person on the Page 7 of 9 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, and shall comply with Title VI of the Civil Rights Act of 1964, P.L. 88-354 and Americans with Disabilities Act of 1990 in the performance of the Agreement. SECTION 12. INDEPENDENT CONTRACTOR For all purposes, each party will act in its individual capacity and not as an agent, employee, partner, joint venture, or associate of the other. An employee, agent, or subcontractor of one party shall not be deemed or construed to be the employee, agent or subcontractor of the other for any purpose whatsoever including responsibility for any federal or state tax, industrial insurance, or social security liability. SECTION 13. GENERAL PROVISIONS 13.1. Implied Agreement Terms. Each provision of law and any terms required by law to be in the Agreement are made a part of the Agreement as if fully stated in it. 13.2. Headings/Captions. Headings and captains used are for convenience only and are not a part of the Agreement and do not in any way limit or amplify the terms and provisions hereof. 13.3. No Party the Drafter. The Agreement is the product of negotiation between the parties, and no party is deemed the drafter of the Agreement. 13.4. Amendment. No amendment or modification to the Agreement will be effective without the prior written consent of the authorized representatives of the parties. 13.5. Assignments. Except with the prior written consent of the other party, each party shall not assign or transfer, including by merger (whether that party is the surviving or disappearing entity), consolidation, dissolution, or operation of law any right, duty, obligation, or remedy under the Agreement. Any purported assignment or transfer in violation of this section shall be void. 13.6. No Third-Party Beneficiary. No provision of the Agreement is intended to, nor will it be construed to, create any third-party beneficiary or provide any rights or benefits to any person or entity other than the County and the Agreement. 13.7. Severability. If a court of competent jurisdiction holds any provision of the Agreement to be illegal, invalid, or unenforceable, in whole or in part, the validity of the remaining provisions will not be affected, and the parties’ rights and obligations will be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. If any provision of the Agreement conflicts with any statutory provision of the State of Washington, the provision will be deemed inoperative to the extent of the conflict or modified to conform to statutory requirements. 13.8. Counterparts. The Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same agreement. Page 8 of 9 13.9. Entire Agreement. The parties acknowledge the Agreement is the product of negotiation between the parties and represents the entire agreement of the parties with respect to its subject matter. All previous agreements and representations, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by the Agreement. 13.10. Authorization. Each party signing below warrants to the other party, that they have the full power and authority to execute this Agreement on behalf of the party for whom they sign. CITY OF BREMERTON BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON GREG WHEELER, Mayor ROBERT GELDER, Chair APPROVED AS TO FORM: EDWARD E. WOLFE, Commissioner Roger A. Lubovich, City Attorney CHARLOTTE GARRIDO, Commissioner ATTEST: Dana Daniels, Clerk of the Board Page 9 of 9 ADDENDUM A: BKAT CAPITAL EQUIPMENT FUNDING PLAN 2021-2025 Digital transmission upgrade to Comcast phase 2 (SDI over fiber or all IP over fiber) 10,000.00$ Playback system minor hardware replacements (Hard drives, processor etc) 5,000.00$ Editing Hard Drive replacements (staff) 1,000.00$ Prod. Admin Editing iMac replacement 3,500.00$ (2) Public editing workstation iMac replacements 6,400.00$ (4) Public wireless mic kits (6 lav + 2 HH + 4 dual-rx) 6,000.00$ Studio lighting replacement (LED)50,000.00$ Video Specialist Editing iMac replacement 3,500.00$ Playback system complete hardware upgrade 45,000.00$ Studio component replacements (switcher, field fiber converters, etc) 4,000.00$ (4) Public HD cameras 5,000.00$ Access Mgr Editing iMac replacement 3,500.00$ Staff field tripod replacement (3) 3,000.00$ Playback support system replacement (iMac) 3,500.00$ (2) Public tripods 500.00$ Staff HD camera replacement (2) 6,000.00$ (2) Public camera bags/accessories 300.00$ Playback rack support equipment replacements (routing switcher, monitors, ups etc) 3,000.00$ (1) Public LED lighting kit 2,400.00$ Mini-Flypack for public remotes 5,000.00$ (3) GO-Pro cameras with external batteries for mini- flypack 1,500.00$ (3) Tripods for GO-Pro 300.00$ (2) Public "phone video" accessory kits (external mic, lens adapter, gimbal system/tripod mounts) 800.00$ (1) Public iPad Pro tablet video editing system w/ pencil 2,000.00$ Streaming- VOD Subscription 1,500.00$ Streaming- VOD Subscription 1,500.00$ Streaming- VOD Subscription 1,500.00$ Streaming- VOD Subscription 1,500.00$ Streaming- VOD Subscription 1,500.00$ Total 35,300.00$ Total 60,000.00$ Total 18,000.00$ Total 53,500.00$ Total 11,900.00$ TOTAL 5 YEAR 178,700.00$ 2021 2022 2023 2024 2025 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: March 10, 2021 Amendment to Courthouse Security Services Contract with Kitsap County Sheriff’s Office COUNCIL MEETING Date: March 17, 2021 Department: Municipal Court Presenter: Dawn Williams Phone: (360) 473-5242 SUMMARY: The amended contract with the Kitsap County Sheriff’s Office for Court Security Services to provide security services at 550 Park Avenue, Bremerton. This amendment is to cover the term of January 1 – March 31, 2021, at which time the County is discontinuing all contracted security services. ATTACHMENTS: Contract Amendment with Kitsap County Sheriff’s Office FISCAL IMPACTS (Include Budgeted Amount): $18,500.00 plus the cost of the replacement officer. This amount has already calculated into the budget. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the amended contract between the City of Bremerton and Kitsap County Sheriff’s Office for Courthouse Security Services; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 2G AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: March 10, 2021 Public Works Agreement with Pape & Sons Construction, Inc. for the 6th Street Sewer Replacement Project COUNCIL MEETING Date: March 17, 2021 Department: Engineering Presenter: Bill Davis Phone: (360) 473-2312 SUMMARY: The work consists of replacing approximately 425 LF of existing 8-inch sanitary sewer with new 8-inch PVC sewer pipe, installing 3 sanitary sewer manholes, associated flow diversion, disconnecting and reconnecting sewer laterals, traffic control, and surface restoration. The project is located along 6th Street between Warren Avenue and Pacific Avenue and is being completed ahead of the upcoming 6th Street preservation project. Requests for bids were sent to contractors selected from the Municipal Research and Services Center (MRSC) Small Works Roster. Five (5) bids were received. Bids were opened on February 24, 2021. The lowest responsive, responsible bidder was Pape & Sons Construction, who submitted a bid in the amount of $271,944.10 including sales tax. ATTACHMENTS: 1. Contract 2. Project Vicinity Map 3. Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount): The work is fully funded in the 2021 Wastewater Capital Budget. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to award the contract for the 6th Street Sewer Replacement to Pape & Sons Construction; 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 PUBLIC WORKS AGREEMENT – Page 1 of 8 (between City of Bremerton and Pape & Sons Construction, Inc.) PUBLIC WORKS AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation (“City”), and Pape & Sons Construction, Inc. (“Contractor”), whose mailing address is 9401 Bujacich Road, Suite 1A, Gig Harbor, WA 98332. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City described in the Bid Documents titled: 6th Street Sewer Replacement 2. TIME OF COMPLETION. Contractor shall complete the work within 50 calendar days from the date of issuance of the City’s Notice to Proceed. 3. COMPENSATION. The City shall pay the Contractor the total amount of $271,944.10, plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City payment shall not constitute a waiver of the City’s right to final inspection and acceptance of the project. A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor shall provide the City a performance bond for the full contract amount to be in effect until 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 and Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of 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 PUBLIC WORKS AGREEMENT – Page 2 of 8 (between City of Bremerton and Pape & Sons Construction, Inc.) 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 AND LIQUIDATED DAMAGES. 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. The Contractor shall obtain Substantial Completion of the Work within the contractual time period established in Paragraph 2 of this Agreement. If the Work is not completed by the contractual Substantial Completion date plus any time extensions, the Contractor shall pay liquidated damages in the amount of $500 per work day until Substantial Completion is obtained. PUBLIC WORKS AGREEMENT – Page 3 of 8 (between City of Bremerton and Pape & Sons Construction, Inc.) 6. PREVAILING WAGES. Contractor shall file a “Statement of Intent to Pay Prevailing Wages” with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. 7. CHANGES. The City may issue a written 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. PUBLIC WORKS AGREEMENT – Page 4 of 8 (between City of Bremerton and Pape & Sons Construction, Inc.) 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. PUBLIC WORKS AGREEMENT – Page 5 of 8 (between City of Bremerton and Pape & Sons Construction, Inc.) 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 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 Contractor and the City, its officials, employees, agents and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR’S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement insurance 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: A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and PUBLIC WORKS AGREEMENT – Page 6 of 8 (between City of Bremerton and Pape & Sons Construction, Inc.) B. 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); and C. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate; and B. 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 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 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 reserves the right to receive a certified copy of all the required insurance policies. 12. MISCELLANEOUS. A. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Contractor, its subcontractors, or any person acting on behalf of Contractor 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. PUBLIC WORKS AGREEMENT – Page 7 of 8 (between City of Bremerton and Pape & Sons Construction, Inc.) B. 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. C. 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. D. 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. E. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect F. Governing 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. G. Attorney’s Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties’ performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney’s fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City’s right to indemnification under Section 10 of this agreement. H. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. I. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. J. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. PUBLIC WORKS AGREEMENT – Page 8 of 8 (between City of Bremerton and Pape & Sons Construction, Inc.) K. Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. L. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this agreement. PAPE & SONS CONSTRUCTION, INC. THE CITY OF BREMERTON Print Name: Print Name: Title: Title: DATE DATE Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: Brad Appleman Bill Davis 9401 Bujacich Road, Suite 1A 345 6th Street, Suite 100 Gig Harbor, WA Bremerton, WA 98337 (253) 851-6040 (360) 473-2312 (253) 851-3290 (facsimile) (360) 473-5200 (facsimile) APPROVED AS TO FORM: Roger A. Lubovich Bremerton City Attorney ATTEST: Angela Hoover, City Clerk PREVAILING WAGES State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 02/24/2021 County Trade Job Classification Wage Holiday Overtime Note *Risk Class Kitsap Asbestos Abatement Workers Journey Level $52.39 5D 1H View Kitsap Boilermakers Journey Level $69.29 5N 1C View Kitsap Brick Mason Journey Level $60.57 7E 1N View Kitsap Brick Mason Pointer-Caulker-Cleaner $60.57 7E 1N View Kitsap Building Service Employees Janitor $13.69  1 View Kitsap Building Service Employees Shampooer $13.69  1 View Kitsap Building Service Employees Waxer $13.69  1 View Kitsap Building Service Employees Window Cleaner $13.69  1 View Kitsap Cabinet Makers (In Shop)Journey Level $23.72  1 View Kitsap Carpenters Acoustical Worker $64.94 7A 4C View Kitsap Carpenters Carpenter $64.94 7A 4C View Kitsap Carpenters Carpenters on Stationary Tools $65.07 7A 4C View Kitsap Carpenters Creosoted Material $65.07 7A 4C View Kitsap Carpenters Floor Finisher $64.94 7A 4C View Kitsap Carpenters Floor Layer $64.94 7A 4C View Kitsap Carpenters Scaffold Erector $64.94 7A 4C View Kitsap Cement Masons Application of all Composition Mastic $64.84 7A 4U View Kitsap Cement Masons Application of all Epoxy Material $64.34 7A 4U View Kitsap Cement Masons Application of all Plastic Material $64.84 7A 4U View Kitsap Cement Masons Application of Sealing Compound $64.34 7A 4U View Kitsap Cement Masons Application of Underlayment $64.84 7A 4U View Kitsap Cement Masons Building General $64.34 7A 4U View Kitsap Cement Masons Composition or Kalman Floors $64.84 7A 4U View Kitsap Cement Masons Concrete Paving $64.34 7A 4U View Kitsap Cement Masons Curb & Gutter Machine $64.84 7A 4U View Kitsap Cement Masons Curb & Gutter, Sidewalks $64.34 7A 4U View Kitsap Cement Masons Curing Concrete $64.34 7A 4U View Kitsap Cement Masons Finish Colored Concrete $64.84 7A 4U View Kitsap Cement Masons Floor Grinding $64.84 7A 4U View Kitsap Cement Masons Floor Grinding/Polisher $64.34 7A 4U View Kitsap Cement Masons Green Concrete Saw, self- powered $64.84 7A 4U View Kitsap Cement Masons Grouting of all Plates $64.34 7A 4U View Kitsap Cement Masons Grouting of all Tilt-up Panels $64.34 7A 4U View Kitsap Cement Masons Gunite Nozzleman $64.84 7A 4U View Kitsap Cement Masons Hand Powered Grinder $64.84 7A 4U View Kitsap Cement Masons Journey Level $64.34 7A 4U View Kitsap Cement Masons Patching Concrete $64.34 7A 4U View Kitsap Cement Masons Pneumatic Power Tools $64.84 7A 4U View Kitsap Cement Masons Power Chipping & Brushing $64.84 7A 4U View Kitsap Cement Masons Sand Blasting Architectural Finish $64.84 7A 4U View Kitsap Cement Masons Screed & Rodding Machine $64.84 7A 4U View Kitsap Cement Masons Spackling or Skim Coat Concrete $64.34 7A 4U View Kitsap Cement Masons Troweling Machine Operator $64.84 7A 4U View Kitsap Cement Masons Troweling Machine Operator on Colored Slabs $64.84 7A 4U View Kitsap Cement Masons Tunnel Workers $64.84 7A 4U View Kitsap Divers & Tenders Bell/Vehicle or Submersible Operator (Not Under Pressure) $118.80 7A 4C View Kitsap Divers & Tenders Dive Supervisor/Master $81.98 7A 4C View Kitsap Divers & Tenders Diver $118.80 7A 4C 8V View Kitsap Divers & Tenders Diver On Standby $76.98 7A 4C View Kitsap Divers & Tenders Diver Tender $69.91 7A 4C View Kitsap Divers & Tenders Manifold Operator $69.91 7A 4C View Kitsap Divers & Tenders Manifold Operator Mixed Gas $74.91 7A 4C View Kitsap Divers & Tenders Remote Operated Vehicle Operator/Technician $69.91 7A 4C View Kitsap Divers & Tenders Remote Operated Vehicle Tender $65.19 7A 4C View Kitsap Dredge Workers Assistant Engineer $70.62 5D 3F View Kitsap Dredge Workers Assistant Mate (Deckhand)$70.07 5D 3F View Kitsap Dredge Workers Boatmen $70.62 5D 3F View Kitsap Dredge Workers Engineer Welder $71.97 5D 3F View Kitsap Dredge Workers Leverman, Hydraulic $73.41 5D 3F View Kitsap Dredge Workers Mates $70.62 5D 3F View Kitsap Dredge Workers Oiler $70.07 5D 3F View Kitsap Drywall Applicator Journey Level $64.94 5D 1H View Kitsap Drywall Tapers Journey Level $65.31 5P 1E View Kitsap Electrical Fixture Maintenance Workers Journey Level $31.99 5L 1E View Kitsap Electricians - Inside Cable Splicer $89.11 7C 4E View Kitsap Electricians - Inside Cable Splicer (tunnel)$95.77 7C 4E View Kitsap Electricians - Inside Certified Welder $86.08 7C 4E View Kitsap Electricians - Inside Certified Welder (tunnel)$92.44 7C 4E View Kitsap Electricians - Inside Construction Stock Person $43.18 7C 4E View Kitsap Electricians - Inside Journey Level $83.05 7C 4E View Kitsap Electricians - Inside Journey Level (tunnel)$89.11 7C 4E View Kitsap Electricians - Motor Shop Craftsman $15.37  1 View Kitsap Electricians - Motor Shop Journey Level $14.69  1 View Kitsap Electricians - Powerline Construction Cable Splicer $82.39 5A 4D View Kitsap Electricians - Powerline Construction Certified Line Welder $75.64 5A 4D View Kitsap Electricians - Powerline Construction Groundperson $49.17 5A 4D View Kitsap Electricians - Powerline Construction Heavy Line Equipment Operator $75.64 5A 4D View Kitsap Electricians - Powerline Construction Journey Level Lineperson $75.64 5A 4D View Kitsap Electricians - Powerline Construction Line Equipment Operator $64.54 5A 4D View Kitsap Electricians - Powerline Construction Meter Installer $49.17 5A 4D 8W View Kitsap Electricians - Powerline Construction Pole Sprayer $75.64 5A 4D View Kitsap Electricians - Powerline Construction Powderperson $56.49 5A 4D View Kitsap Electronic Technicians Journey Level $53.57 7E 1E View Kitsap Elevator Constructors Mechanic $97.31 7D 4A View Kitsap Elevator Constructors Mechanic In Charge $105.06 7D 4A View Kitsap Fabricated Precast Concrete Products Journey Level $13.69  1 View Kitsap Fabricated Precast Concrete Products Journey Level - In-Factory Work Only $13.69  1 View Kitsap Fence Erectors Fence Erector $44.40 7A 4V 8Y View Kitsap Fence Erectors Fence Laborer $44.40 7A 4V 8Y View Kitsap Flaggers Journey Level $44.40 7A 4V 8Y View Kitsap Glaziers Journey Level $69.26 7L 1Y View Kitsap Heat & Frost Insulators And Asbestos Workers Journeyman $79.43 5J 4H View Kitsap Heating Equipment Mechanics Journey Level $89.61 7F 1E View Kitsap Hod Carriers & Mason Tenders Journey Level $54.01 7A 4V 8Y View Kitsap Industrial Power Vacuum Cleaner Journey Level $29.89  1 View Kitsap Inland Boatmen Boat Operator $61.41 5B 1K View Kitsap Inland Boatmen Cook $56.48 5B 1K View Kitsap Inland Boatmen Deckhand $57.48 5B 1K View Kitsap Inland Boatmen Deckhand Engineer $58.81 5B 1K View Kitsap Inland Boatmen Launch Operator $58.89 5B 1K View Kitsap Inland Boatmen Mate $57.31 5B 1K View Kitsap Inspection/Cleaning/Sealing Of Sewer & Water Systems By Remote Control Cleaner Operator, Foamer Operator $13.69  1 View Kitsap Inspection/Cleaning/Sealing Of Sewer & Water Systems By Remote Control Grout Truck Operator $13.69  1 View Kitsap Inspection/Cleaning/Sealing Of Sewer & Water Systems By Remote Control Head Operator $13.69  1 View Kitsap Inspection/Cleaning/Sealing Of Sewer & Water Systems By Remote Control Tv Truck Operator $24.17  1 View Kitsap Insulation Applicators Journey Level $64.94 7A 4C View Kitsap Ironworkers Journeyman $75.23 7N 1O View Kitsap Laborers Air, Gas Or Electric Vibrating Screed $52.39 7A 4V 8Y View Kitsap Laborers Airtrac Drill Operator $54.01 7A 4V 8Y View Kitsap Laborers Ballast Regular Machine $52.39 7A 4V 8Y View Kitsap Laborers Batch Weighman $44.40 7A 4V 8Y View Kitsap Laborers Brick Pavers $52.39 7A 4V 8Y View Kitsap Laborers Brush Cutter $52.39 7A 4V 8Y View Kitsap Laborers Brush Hog Feeder $52.39 7A 4V 8Y View Kitsap Laborers Burner $52.39 7A 4V 8Y View Kitsap Laborers Caisson Worker $54.01 7A 4V 8Y View Kitsap Laborers Carpenter Tender $52.39 7A 4V 8Y View Kitsap Laborers Cement Dumper-paving $53.35 7A 4V 8Y View Kitsap Laborers Cement Finisher Tender $52.39 7A 4V 8Y View Kitsap Laborers Change House Or Dry Shack $52.39 7A 4V 8Y View Kitsap Laborers Chipping Gun (30 Lbs. And Over) $53.35 7A 4V 8Y View Kitsap Laborers Chipping Gun (Under 30 Lbs.)$52.39 7A 4V 8Y View Kitsap Laborers Choker Setter $52.39 7A 4V 8Y View Kitsap Laborers Chuck Tender $52.39 7A 4V 8Y View Kitsap Laborers Clary Power Spreader $53.35 7A 4V 8Y View Kitsap Laborers Clean-up Laborer $52.39 7A 4V 8Y View Kitsap Laborers Concrete Dumper/Chute Operator $53.35 7A 4V 8Y View Kitsap Laborers Concrete Form Stripper $52.39 7A 4V 8Y View Kitsap Laborers Concrete Placement Crew $53.35 7A 4V 8Y View Kitsap Laborers Concrete Saw Operator/Core Driller $53.35 7A 4V 8Y View Kitsap Laborers Crusher Feeder $44.40 7A 4V 8Y View Kitsap Laborers Curing Laborer $52.39 7A 4V 8Y View Kitsap Laborers Demolition: Wrecking & Moving (Incl. Charred Material) $52.39 7A 4V 8Y View Kitsap Laborers Ditch Digger $52.39 7A 4V 8Y View Kitsap Laborers Diver $54.01 7A 4V 8Y View Kitsap Laborers Drill Operator (Hydraulic, Diamond) $53.35 7A 4V 8Y View Kitsap Laborers Dry Stack Walls $52.39 7A 4V 8Y View Kitsap Laborers Dump Person $52.39 7A 4V 8Y View Kitsap Laborers Epoxy Technician $52.39 7A 4V 8Y View Kitsap Laborers Erosion Control Worker $52.39 7A 4V 8Y View Kitsap Laborers Faller & Bucker Chain Saw $53.35 7A 4V 8Y View Kitsap Laborers Fine Graders $52.39 7A 4V 8Y View Kitsap Laborers Firewatch $44.40 7A 4V 8Y View Kitsap Laborers Form Setter $52.39 7A 4V 8Y View Kitsap Laborers Gabian Basket Builders $52.39 7A 4V 8Y View Kitsap Laborers General Laborer $52.39 7A 4V 8Y View Kitsap Laborers Grade Checker & Transit Person $54.01 7A 4V 8Y View Kitsap Laborers Grinders $52.39 7A 4V 8Y View Kitsap Laborers Grout Machine Tender $52.39 7A 4V 8Y View Kitsap Laborers Groutmen (Pressure) Including Post Tension Beams $53.35 7A 4V 8Y View Kitsap Laborers Guardrail Erector $52.39 7A 4V 8Y View Kitsap Laborers Hazardous Waste Worker (Level A) $54.01 7A 4V 8Y View Kitsap Laborers Hazardous Waste Worker (Level B) $53.35 7A 4V 8Y View Kitsap Laborers Hazardous Waste Worker (Level C) $52.39 7A 4V 8Y View Kitsap Laborers High Scaler $54.01 7A 4V 8Y View Kitsap Laborers Jackhammer $53.35 7A 4V 8Y View Kitsap Laborers Laserbeam Operator $53.35 7A 4V 8Y View Kitsap Laborers Maintenance Person $52.39 7A 4V 8Y View Kitsap Laborers Manhole Builder-Mudman $53.35 7A 4V 8Y View Kitsap Laborers Material Yard Person $52.39 7A 4V 8Y View Kitsap Laborers Motorman-Dinky Locomotive $53.35 7A 4V 8Y View Kitsap Laborers Nozzleman (Concrete Pump, Green Cutter When Using Combination Of High Pressure Air & Water On Concrete & Rock, Sandblast, Gunite, Shotcrete, Water Blaster, Vacuum Blaster) $53.35 7A 4V 8Y View Kitsap Laborers Pavement Breaker $53.35 7A 4V 8Y View Kitsap Laborers Pilot Car $44.40 7A 4V 8Y View Kitsap Laborers Pipe Layer Lead $54.01 7A 4V 8Y View Kitsap Laborers Pipe Layer/Tailor $53.35 7A 4V 8Y View Kitsap Laborers Pipe Pot Tender $53.35 7A 4V 8Y View Kitsap Laborers Pipe Reliner $53.35 7A 4V 8Y View Kitsap Laborers Pipe Wrapper $53.35 7A 4V 8Y View Kitsap Laborers Pot Tender $52.39 7A 4V 8Y View Kitsap Laborers Powderman $54.01 7A 4V 8Y View Kitsap Laborers Powderman's Helper $52.39 7A 4V 8Y View Kitsap Laborers Power Jacks $53.35 7A 4V 8Y View Kitsap Laborers Railroad Spike Puller - Power $53.35 7A 4V 8Y View Kitsap Laborers Raker - Asphalt $54.01 7A 4V 8Y View Kitsap Laborers Re-timberman $54.01 7A 4V 8Y View Kitsap Laborers Remote Equipment Operator $53.35 7A 4V 8Y View Kitsap Laborers Rigger/Signal Person $53.35 7A 4V 8Y View Kitsap Laborers Rip Rap Person $52.39 7A 4V 8Y View Kitsap Laborers Rivet Buster $53.35 7A 4V 8Y View Kitsap Laborers Rodder $53.35 7A 4V 8Y View Kitsap Laborers Scaffold Erector $52.39 7A 4V 8Y View Kitsap Laborers Scale Person $52.39 7A 4V 8Y View Kitsap Laborers Sloper (Over 20")$53.35 7A 4V 8Y View Kitsap Laborers Sloper Sprayer $52.39 7A 4V 8Y View Kitsap Laborers Spreader (Concrete)$53.35 7A 4V 8Y View Kitsap Laborers Stake Hopper $52.39 7A 4V 8Y View Kitsap Laborers Stock Piler $52.39 7A 4V 8Y View Kitsap Laborers Swinging Stage/Boatswain Chair $44.40 7A 4V 8Y View Kitsap Laborers Tamper & Similar Electric, Air & Gas Operated Tools $53.35 7A 4V 8Y View Kitsap Laborers Tamper (Multiple & Self- propelled) $53.35 7A 4V 8Y View Kitsap Laborers Timber Person - Sewer (Lagger, Shorer & Cribber) $53.35 7A 4V 8Y View Kitsap Laborers Toolroom Person (at Jobsite)$52.39 7A 4V 8Y View Kitsap Laborers Topper $52.39 7A 4V 8Y View Kitsap Laborers Track Laborer $52.39 7A 4V 8Y View Kitsap Laborers Track Liner (Power)$53.35 7A 4V 8Y View Kitsap Laborers Traffic Control Laborer $47.48 7A 4V 9C View Kitsap Laborers Traffic Control Supervisor $50.31 7A 4V 9C View Kitsap Laborers Truck Spotter $52.39 7A 4V 8Y View Kitsap Laborers Tugger Operator $53.35 7A 4V 8Y View Kitsap Laborers Tunnel Work-Compressed Air Worker 0-30 psi $129.67 7A 4V 9B View Kitsap Laborers Tunnel Work-Compressed Air Worker 30.01-44.00 psi $134.70 7A 4V 9B View Kitsap Laborers Tunnel Work-Compressed Air Worker 44.01-54.00 psi $138.38 7A 4V 9B View Kitsap Laborers Tunnel Work-Compressed Air Worker 54.01-60.00 psi $144.08 7A 4V 9B View Kitsap Laborers Tunnel Work-Compressed Air Worker 60.01-64.00 psi $146.20 7A 4V 9B View Kitsap Laborers Tunnel Work-Compressed Air Worker 64.01-68.00 psi $151.30 7A 4V 9B View Kitsap Laborers Tunnel Work-Compressed Air Worker 68.01-70.00 psi $153.20 7A 4V 9B View Kitsap Laborers Tunnel Work-Compressed Air Worker 70.01-72.00 psi $155.20 7A 4V 9B View Kitsap Laborers Tunnel Work-Compressed Air Worker 72.01-74.00 psi $157.20 7A 4V 9B View Kitsap Laborers Tunnel Work-Guage and Lock Tender $54.11 7A 4V 8Y View Kitsap Laborers Tunnel Work-Miner $54.11 7A 4V 8Y View Kitsap Laborers Vibrator $53.35 7A 4V 8Y View Kitsap Laborers Vinyl Seamer $52.39 7A 4V 8Y View Kitsap Laborers Watchman $40.36 7A 4V 8Y View Kitsap Laborers Welder $53.35 7A 4V 8Y View Kitsap Laborers Well Point Laborer $53.35 7A 4V 8Y View Kitsap Laborers Window Washer/Cleaner $40.36 7A 4V 8Y View Kitsap Laborers - Underground Sewer & Water General Laborer & Topman $52.39 7A 4V 8Y View Kitsap Laborers - Underground Sewer & Water Pipe Layer $53.35 7A 4V 8Y View Kitsap Landscape Construction Landscape Construction/Landscaping Or Planting Laborers $40.36 7A 4V 8Y View Kitsap Landscape Construction Landscape Operator $69.33 7A 3K 8X View Kitsap Landscape Maintenance Groundskeeper $13.69  1 View Kitsap Lathers Journey Level $64.94 5D 1H View Kitsap Marble Setters Journey Level $60.57 7E 1N View Kitsap Metal Fabrication (In Shop)Fitter $26.96  1 View Kitsap Metal Fabrication (In Shop)Laborer $13.69  1 View Kitsap Metal Fabrication (In Shop)Machine Operator $13.83  1 View Kitsap Metal Fabrication (In Shop)Welder $13.83  1 View Kitsap Millwright Journey Level $66.44 7A 4C View Kitsap Modular Buildings Cabinet Assembly $13.69  1 View Kitsap Modular Buildings Electrician $13.69  1 View Kitsap Modular Buildings Equipment Maintenance $13.69  1 View Kitsap Modular Buildings Plumber $13.69  1 View Kitsap Modular Buildings Production Worker $13.69  1 View Kitsap Modular Buildings Tool Maintenance $13.69  1 View Kitsap Modular Buildings Utility Person $13.69  1 View Kitsap Modular Buildings Welder $13.69  1 View Kitsap Painters Journey Level $45.40 6Z 2B View Kitsap Pile Driver Crew Tender $69.91 7A 4C View Kitsap Pile Driver Crew Tender/Technician $69.91 7A 4C View Kitsap Pile Driver Hyperbaric Worker - Compressed Air Worker 0-30.00 PSI $80.76 7A 4C View Kitsap Pile Driver Hyperbaric Worker - Compressed Air Worker 30.01 - 44.00 PSI $85.76 7A 4C View Kitsap Pile Driver Hyperbaric Worker - Compressed Air Worker 44.01 - 54.00 PSI $89.76 7A 4C View Kitsap Pile Driver Hyperbaric Worker - Compressed Air Worker 54.01 - 60.00 PSI $94.76 7A 4C View Kitsap Pile Driver Hyperbaric Worker - Compressed Air Worker 60.01 - 64.00 PSI $97.26 7A 4C View Kitsap Pile Driver Hyperbaric Worker - Compressed Air Worker 64.01 - 68.00 PSI $102.26 7A 4C View Kitsap Pile Driver Hyperbaric Worker - Compressed Air Worker 68.01 - 70.00 PSI $104.26 7A 4C View Kitsap Pile Driver Hyperbaric Worker - Compressed Air Worker 70.01 - 72.00 PSI $106.26 7A 4C View Kitsap Pile Driver Hyperbaric Worker - Compressed Air Worker 72.01 - 74.00 PSI $108.26 7A 4C View Kitsap Pile Driver Journey Level $65.19 7A 4C View Kitsap Plasterers Journey Level $61.67 7Q 1R View Kitsap Playground & Park Equipment Installers Journey Level $13.69  1 View Kitsap Plumbers & Pipefitters Journey Level $77.97 5A 1G View Kitsap Power Equipment Operators Asphalt Plant Operators $70.49 7A 3K 8X View Kitsap Power Equipment Operators Assistant Engineer $66.30 7A 3K 8X View Kitsap Power Equipment Operators Barrier Machine (zipper)$69.87 7A 3K 8X View Kitsap Power Equipment Operators Batch Plant Operator: concrete $69.87 7A 3K 8X View Kitsap Power Equipment Operators Bobcat $66.30 7A 3K 8X View Kitsap Power Equipment Operators Brokk - Remote Demolition Equipment $66.30 7A 3K 8X View Kitsap Power Equipment Operators Brooms $66.30 7A 3K 8X View Kitsap Power Equipment Operators Bump Cutter $69.87 7A 3K 8X View Kitsap Power Equipment Operators Cableways $70.49 7A 3K 8X View Kitsap Power Equipment Operators Chipper $69.87 7A 3K 8X View Kitsap Power Equipment Operators Compressor $66.30 7A 3K 8X View Kitsap Power Equipment Operators Concrete Finish Machine - Laser Screed $66.30 7A 3K 8X View Kitsap Power Equipment Operators Concrete Pump - Mounted Or Trailer High Pressure Line Pump, Pump High Pressure $69.33 7A 3K 8X View Kitsap Power Equipment Operators Concrete Pump: Truck Mount With Boom Attachment Over 42 M $70.49 7A 3K 8X View Kitsap Power Equipment Operators Concrete Pump: Truck Mount With Boom Attachment Up To 42m $69.87 7A 3K 8X View Kitsap Power Equipment Operators Conveyors $69.33 7A 3K 8X View Kitsap Power Equipment Operators Cranes friction: 200 tons and over $72.63 7A 3K 8X View Kitsap Power Equipment Operators Cranes: 100 tons through 199 tons, or 150' of boom (including jib with attachments) $71.20 7A 3K 8X View Kitsap Power Equipment Operators Cranes: 20 Tons Through 44 Tons With Attachments $69.87 7A 3K 8X View Kitsap Power Equipment Operators Cranes: 200 tons- 299 tons, or 250' of boom including jib with attachments $71.93 7A 3K 8X View Kitsap Power Equipment Operators Cranes: 300 tons and over or 300' of boom including jib with attachments $72.63 7A 3K 8X View Kitsap Power Equipment Operators Cranes: 45 Tons Through 99 Tons, Under 150' Of Boom $70.49 7A 3K 8X View (including Jib With Attachments) Kitsap Power Equipment Operators Cranes: A-frame - 10 Tons And Under $66.30 7A 3K 8X View Kitsap Power Equipment Operators Cranes: Friction cranes through 199 tons $71.93 7A 3K 8X View Kitsap Power Equipment Operators Cranes: through 19 tons with attachments, A-frame over 10 tons $69.33 7A 3K 8X View Kitsap Power Equipment Operators Crusher $69.87 7A 3K 8X View Kitsap Power Equipment Operators Deck Engineer/Deck Winches (power) $69.87 7A 3K 8X View Kitsap Power Equipment Operators Derricks, On Building Work $70.49 7A 3K 8X View Kitsap Power Equipment Operators Dozers D-9 & Under $69.33 7A 3K 8X View Kitsap Power Equipment Operators Drill Oilers: Auger Type, Truck Or Crane Mount $69.33 7A 3K 8X View Kitsap Power Equipment Operators Drilling Machine $71.20 7A 3K 8X View Kitsap Power Equipment Operators Elevator And Man-lift: Permanent And Shaft Type $66.30 7A 3K 8X View Kitsap Power Equipment Operators Finishing Machine, Bidwell And Gamaco & Similar Equipment $69.87 7A 3K 8X View Kitsap Power Equipment Operators Forklift: 3000 Lbs And Over With Attachments $69.33 7A 3K 8X View Kitsap Power Equipment Operators Forklifts: Under 3000 Lbs. With Attachments $66.30 7A 3K 8X View Kitsap Power Equipment Operators Grade Engineer: Using Blue Prints, Cut Sheets, Etc $69.87 7A 3K 8X View Kitsap Power Equipment Operators Gradechecker/Stakeman $66.30 7A 3K 8X View Kitsap Power Equipment Operators Guardrail Punch $69.87 7A 3K 8X View Kitsap Power Equipment Operators Hard Tail End Dump Articulating Off- Road Equipment 45 Yards. & Over $70.49 7A 3K 8X View Kitsap Power Equipment Operators Hard Tail End Dump Articulating Off-road Equipment Under 45 Yards $69.87 7A 3K 8X View Kitsap Power Equipment Operators Horizontal/Directional Drill Locator $69.33 7A 3K 8X View Kitsap Power Equipment Operators Horizontal/Directional Drill Operator $69.87 7A 3K 8X View Kitsap Power Equipment Operators Hydralifts/Boom Trucks Over 10 Tons $69.33 7A 3K 8X View Kitsap Power Equipment Operators Hydralifts/Boom Trucks, 10 Tons And Under $66.30 7A 3K 8X View Kitsap Power Equipment Operators Loader, Overhead 8 Yards. & Over $71.20 7A 3K 8X View Kitsap Power Equipment Operators Loader, Overhead, 6 Yards. But Not Including 8 Yards $70.49 7A 3K 8X View Kitsap Power Equipment Operators Loaders, Overhead Under 6 Yards $69.87 7A 3K 8X View Kitsap Power Equipment Operators Loaders, Plant Feed $69.87 7A 3K 8X View Kitsap Power Equipment Operators Loaders: Elevating Type Belt $69.33 7A 3K 8X View Kitsap Power Equipment Operators Locomotives, All $69.87 7A 3K 8X View Kitsap Power Equipment Operators Material Transfer Device $69.87 7A 3K 8X View Kitsap Power Equipment Operators Mechanics, All (leadmen - $0.50 Per Hour Over Mechanic) $71.20 7A 3K 8X View Kitsap Power Equipment Operators Motor Patrol Graders $70.49 7A 3K 8X View Kitsap Power Equipment Operators Mucking Machine, Mole, Tunnel Drill, Boring, Road Header And/or Shield $70.49 7A 3K 8X View Kitsap Power Equipment Operators Oil Distributors, Blower Distribution & Mulch Seeding Operator $66.30 7A 3K 8X View Kitsap Power Equipment Operators Outside Hoists (Elevators And Manlifts), Air Tuggers, Strato $69.33 7A 3K 8X View Kitsap Power Equipment Operators Overhead, Bridge Type Crane: 20 Tons Through 44 Tons $69.87 7A 3K 8X View Kitsap Power Equipment Operators Overhead, Bridge Type: 100 Tons And Over $71.20 7A 3K 8X View Kitsap Power Equipment Operators Overhead, Bridge Type: 45 Tons Through 99 Tons $70.49 7A 3K 8X View Kitsap Power Equipment Operators Pavement Breaker $66.30 7A 3K 8X View Kitsap Power Equipment Operators Pile Driver (other Than Crane Mount) $69.87 7A 3K 8X View Kitsap Power Equipment Operators Plant Oiler - Asphalt, Crusher $69.33 7A 3K 8X View Kitsap Power Equipment Operators Posthole Digger, Mechanical $66.30 7A 3K 8X View Kitsap Power Equipment Operators Power Plant $66.30 7A 3K 8X View Kitsap Power Equipment Operators Pumps - Water $66.30 7A 3K 8X View Kitsap Power Equipment Operators Quad 9, Hd 41, D10 And Over $70.49 7A 3K 8X View Kitsap Power Equipment Operators Quick Tower - No Cab, Under 100 Feet In Height Based To Boom $66.30 7A 3K 8X View Kitsap Power Equipment Operators Remote Control Operator On Rubber Tired Earth Moving Equipment $70.49 7A 3K 8X View Kitsap Power Equipment Operators Rigger and Bellman $66.30 7A 3K 8X View Kitsap Power Equipment Operators Rigger/Signal Person, Bellman (Certified) $69.33 7A 3K 8X View Kitsap Power Equipment Operators Rollagon $70.49 7A 3K 8X View Kitsap Power Equipment Operators Roller, Other Than Plant Mix $66.30 7A 3K 8X View Kitsap Power Equipment Operators Roller, Plant Mix Or Multi-lift Materials $69.33 7A 3K 8X View Kitsap Power Equipment Operators Roto-mill, Roto-grinder $69.87 7A 3K 8X View Kitsap Power Equipment Operators Saws - Concrete $69.33 7A 3K 8X View Kitsap Power Equipment Operators Scraper, Self Propelled Under 45 Yards $69.87 7A 3K 8X View Kitsap Power Equipment Operators Scrapers - Concrete & Carry All $69.33 7A 3K 8X View Kitsap Power Equipment Operators Scrapers, Self-propelled: 45 Yards And Over $70.49 7A 3K 8X View Kitsap Power Equipment Operators Service Engineers - Equipment $69.33 7A 3K 8X View Kitsap Power Equipment Operators Shotcrete/Gunite Equipment $66.30 7A 3K 8X View Kitsap Power Equipment Operators Shovel, Excavator, Backhoe, Tractors Under 15 Metric Tons $69.33 7A 3K 8X View Kitsap Power Equipment Operators Shovel, Excavator, Backhoe:$70.49 7A 3K 8X View Over 30 Metric Tons To 50 Metric Tons Kitsap Power Equipment Operators Shovel, Excavator, Backhoes, Tractors: 15 To 30 Metric Tons $69.87 7A 3K 8X View Kitsap Power Equipment Operators Shovel, Excavator, Backhoes: Over 50 Metric Tons To 90 Metric Tons $71.20 7A 3K 8X View Kitsap Power Equipment Operators Shovel, Excavator, Backhoes: Over 90 Metric Tons $71.93 7A 3K 8X View Kitsap Power Equipment Operators Slipform Pavers $70.49 7A 3K 8X View Kitsap Power Equipment Operators Spreader, Topsider & Screedman $70.49 7A 3K 8X View Kitsap Power Equipment Operators Subgrader Trimmer $69.87 7A 3K 8X View Kitsap Power Equipment Operators Tower Bucket Elevators $69.33 7A 3K 8X View Kitsap Power Equipment Operators Tower Crane Up To 175' In Height Base To Boom $71.20 7A 3K 8X View Kitsap Power Equipment Operators Tower Crane: over 175’ through 250’ in height, base to boom $71.93 7A 3K 8X View Kitsap Power Equipment Operators Tower Cranes: over 250' in height from base to boom $72.63 7A 3K 8X View Kitsap Power Equipment Operators Transporters, All Track Or Truck Type $70.49 7A 3K 8X View Kitsap Power Equipment Operators Trenching Machines $69.33 7A 3K 8X View Kitsap Power Equipment Operators Truck Crane Oiler/driver - 100 Tons And Over $69.87 7A 3K 8X View Kitsap Power Equipment Operators Truck Crane Oiler/Driver Under 100 Tons $69.33 7A 3K 8X View Kitsap Power Equipment Operators Truck Mount Portable Conveyor $69.87 7A 3K 8X View Kitsap Power Equipment Operators Welder $70.49 7A 3K 8X View Kitsap Power Equipment Operators Wheel Tractors, Farmall Type $66.30 7A 3K 8X View Kitsap Power Equipment Operators Yo Yo Pay Dozer $69.87 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Asphalt Plant Operators $70.49 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Assistant Engineer $66.30 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Barrier Machine (zipper)$69.87 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Batch Plant Operator, Concrete $69.87 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Bobcat $66.30 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Brokk - Remote Demolition Equipment $66.30 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Brooms $66.30 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Bump Cutter $69.87 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Cableways $70.49 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Chipper $69.87 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Compressor $66.30 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Concrete Finish Machine - Laser Screed $66.30 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Concrete Pump - Mounted Or Trailer High Pressure Line Pump, Pump High Pressure $69.33 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Concrete Pump: Truck Mount With Boom Attachment Over 42 M $70.49 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Concrete Pump: Truck Mount With Boom Attachment Up To 42m $69.87 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Conveyors $69.33 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Cranes friction: 200 tons and over $72.63 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Cranes: 100 tons through 199 tons, or 150' of boom (including jib with attachments) $71.20 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Cranes: 20 Tons Through 44 Tons With Attachments $69.87 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Cranes: 200 tons- 299 tons, or 250' of boom including jib with attachments $71.93 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Cranes: 300 tons and over or 300' of boom including jib with attachments $72.63 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Cranes: 45 Tons Through 99 Tons, Under 150' Of Boom (including Jib With Attachments) $70.49 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Cranes: A-frame - 10 Tons And Under $66.30 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Cranes: Friction cranes through 199 tons $71.93 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Cranes: through 19 tons with attachments, A-frame over 10 tons $69.33 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Crusher $69.87 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Deck Engineer/Deck Winches (power) $69.87 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Derricks, On Building Work $70.49 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Dozers D-9 & Under $69.33 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Drill Oilers: Auger Type, Truck Or Crane Mount $69.33 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Drilling Machine $71.20 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Elevator And Man-lift: Permanent And Shaft Type $66.30 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Finishing Machine, Bidwell And Gamaco & Similar Equipment $69.87 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Forklift: 3000 Lbs And Over With Attachments $69.33 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Forklifts: Under 3000 Lbs. With Attachments $66.30 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Grade Engineer: Using Blue Prints, Cut Sheets, Etc $69.87 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Gradechecker/Stakeman $66.30 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Guardrail Punch $69.87 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Hard Tail End Dump Articulating Off- Road Equipment 45 Yards. & Over $70.49 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Hard Tail End Dump Articulating Off-road Equipment Under 45 Yards $69.87 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Horizontal/Directional Drill Locator $69.33 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Horizontal/Directional Drill Operator $69.87 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Hydralifts/Boom Trucks Over 10 Tons $69.33 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Hydralifts/Boom Trucks, 10 Tons And Under $66.30 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Loader, Overhead 8 Yards. & Over $71.20 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Loader, Overhead, 6 Yards. But Not Including 8 Yards $70.49 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Loaders, Overhead Under 6 Yards $69.87 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Loaders, Plant Feed $69.87 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Loaders: Elevating Type Belt $69.33 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Locomotives, All $69.87 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Material Transfer Device $69.87 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Mechanics, All (leadmen - $0.50 Per Hour Over Mechanic) $71.20 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Motor Patrol Graders $70.49 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Mucking Machine, Mole, Tunnel Drill, Boring, Road Header And/or Shield $70.49 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Oil Distributors, Blower Distribution & Mulch Seeding Operator $66.30 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Outside Hoists (Elevators And Manlifts), Air Tuggers, Strato $69.33 7A 3K 8X View Kitsap Power Equipment Operators-Overhead, Bridge Type Crane:$69.87 7A 3K 8X View Underground Sewer & Water 20 Tons Through 44 Tons Kitsap Power Equipment Operators- Underground Sewer & Water Overhead, Bridge Type: 100 Tons And Over $71.20 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Overhead, Bridge Type: 45 Tons Through 99 Tons $70.49 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Pavement Breaker $66.30 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Pile Driver (other Than Crane Mount) $69.87 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Plant Oiler - Asphalt, Crusher $69.33 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Posthole Digger, Mechanical $66.30 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Power Plant $66.30 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Pumps - Water $66.30 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Quad 9, Hd 41, D10 And Over $70.49 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Quick Tower - No Cab, Under 100 Feet In Height Based To Boom $66.30 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Remote Control Operator On Rubber Tired Earth Moving Equipment $70.49 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Rigger and Bellman $66.30 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Rigger/Signal Person, Bellman (Certified) $69.33 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Rollagon $70.49 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Roller, Other Than Plant Mix $66.30 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Roller, Plant Mix Or Multi-lift Materials $69.33 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Roto-mill, Roto-grinder $69.87 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Saws - Concrete $69.33 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Scraper, Self Propelled Under 45 Yards $69.87 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Scrapers - Concrete & Carry All $69.33 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Scrapers, Self-propelled: 45 Yards And Over $70.49 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Service Engineers - Equipment $69.33 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Shotcrete/Gunite Equipment $66.30 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Shovel, Excavator, Backhoe, Tractors Under 15 Metric Tons $69.33 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Shovel, Excavator, Backhoe: Over 30 Metric Tons To 50 $70.49 7A 3K 8X View Metric Tons Kitsap Power Equipment Operators- Underground Sewer & Water Shovel, Excavator, Backhoes, Tractors: 15 To 30 Metric Tons $69.87 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Shovel, Excavator, Backhoes: Over 50 Metric Tons To 90 Metric Tons $71.20 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Shovel, Excavator, Backhoes: Over 90 Metric Tons $71.93 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Slipform Pavers $70.49 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Spreader, Topsider & Screedman $70.49 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Subgrader Trimmer $69.87 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Tower Bucket Elevators $69.33 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Tower Crane Up To 175' In Height Base To Boom $71.20 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Tower Crane: over 175’ through 250’ in height, base to boom $71.93 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Tower Cranes: over 250' in height from base to boom $72.63 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Transporters, All Track Or Truck Type $70.49 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Trenching Machines $69.33 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Truck Crane Oiler/driver - 100 Tons And Over $69.87 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Truck Crane Oiler/Driver Under 100 Tons $69.33 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Truck Mount Portable Conveyor $69.87 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Welder $70.49 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Wheel Tractors, Farmall Type $66.30 7A 3K 8X View Kitsap Power Equipment Operators- Underground Sewer & Water Yo Yo Pay Dozer $69.87 7A 3K 8X View Kitsap Power Line Clearance Tree Trimmers Journey Level In Charge $53.10 5A 4A View Kitsap Power Line Clearance Tree Trimmers Spray Person $50.40 5A 4A View Kitsap Power Line Clearance Tree Trimmers Tree Equipment Operator $53.10 5A 4A View Kitsap Power Line Clearance Tree Trimmers Tree Trimmer $47.48 5A 4A View Kitsap Power Line Clearance Tree Trimmers Tree Trimmer Groundperson $36.10 5A 4A View Kitsap Refrigeration & Air Conditioning Mechanics Journey Level $77.96 5A 1G View Kitsap Residential Brick Mason Journey Level $22.01  1 View Kitsap Residential Carpenters Journey Level $26.25  1 View Kitsap Residential Cement Masons Journey Level $39.88  1 View Kitsap Residential Drywall Applicators Journey Level $48.17 7A 4C View Kitsap Residential Drywall Tapers Journey Level $25.84  1 View Kitsap Residential Electricians Journey Level $44.11  1 View Kitsap Residential Glaziers Journey Level $45.90 7L 1H View Kitsap Residential Insulation Applicators Journey Level $18.03  1 View Kitsap Residential Laborers Journey Level $14.71  1 View Kitsap Residential Marble Setters Journey Level $22.01  1 View Kitsap Residential Painters Journey Level $20.85  1 View Kitsap Residential Plumbers & Pipefitters Journey Level $35.92  1 View Kitsap Residential Refrigeration & Air Conditioning Mechanics Journey Level $40.21  1 View Kitsap Residential Sheet Metal Workers Journey Level $32.91  1 View Kitsap Residential Soft Floor Layers Journey Level $22.03  1 View Kitsap Residential Sprinkler Fitters (Fire Protection) Journey Level $31.53  1 View Kitsap Residential Stone Masons Journey Level $60.57 7E 1N View Kitsap Residential Terrazzo Workers Journey Level $14.86  1 View Kitsap Residential Terrazzo/Tile Finishers Journey Level $39.09  1 View Kitsap Residential Tile Setters Journey Level $35.40  1 View Kitsap Roofers Journey Level $55.55 5A 3H View Kitsap Roofers Using Irritable Bituminous Materials $58.55 5A 3H View Kitsap Sheet Metal Workers Journey Level (Field or Shop)$89.61 7F 1E View Kitsap Shipbuilding & Ship Repair New Construction Boilermaker $36.36 7V 1 View Kitsap Shipbuilding & Ship Repair New Construction Carpenter $36.36 7V 1 View Kitsap Shipbuilding & Ship Repair New Construction Crane Operator $36.36 7V 1 View Kitsap Shipbuilding & Ship Repair New Construction Electrician $36.36 7V 1 View Kitsap Shipbuilding & Ship Repair New Construction Heat & Frost Insulator $79.43 5J 4H View Kitsap Shipbuilding & Ship Repair New Construction Laborer $36.36 7V 1 View Kitsap Shipbuilding & Ship Repair New Construction Machinist $36.36 7V 1 View Kitsap Shipbuilding & Ship Repair New Construction Operating Engineer $36.36 7V 1 View Kitsap Shipbuilding & Ship Repair New Construction Painter $36.36 7V 1 View Kitsap Shipbuilding & Ship Repair New Construction Pipefitter $36.36 7V 1 View Kitsap Shipbuilding & Ship Repair New Construction Rigger $36.36 7V 1 View Kitsap Shipbuilding & Ship Repair New Construction Sheet Metal $36.36 7V 1 View Kitsap Shipbuilding & Ship Repair New Construction Shipfitter $36.36 7V 1 View Kitsap Shipbuilding & Ship Repair New Construction Warehouse/Teamster $36.36 7V 1 View Kitsap Shipbuilding & Ship Repair New Construction Welder / Burner $36.36 7V 1 View Kitsap Shipbuilding & Ship Repair Ship Repair Boilermaker $46.15 7X 4J View Kitsap Shipbuilding & Ship Repair Ship Repair Carpenter $44.95 7X 4J View Kitsap Shipbuilding & Ship Repair Ship Repair Crane Operator $45.06 7Y 4K View Kitsap Shipbuilding & Ship Repair Ship Repair Electrician $47.42 7X 4J View Kitsap Shipbuilding & Ship Repair Ship Repair Heat & Frost Insulator $79.43 5J 4H View Kitsap Shipbuilding & Ship Repair Ship Repair Laborer $46.15 7X 4J View Kitsap Shipbuilding & Ship Repair Ship Repair Machinist $46.15 7X 4J View Kitsap Shipbuilding & Ship Repair Ship Repair Operating Engineer $45.06 7Y 4K View Kitsap Shipbuilding & Ship Repair Ship Repair Painter $46.15 7X 4J View Kitsap Shipbuilding & Ship Repair Ship Repair Pipefitter $46.15 7X 4J View Kitsap Shipbuilding & Ship Repair Ship Repair Rigger $46.15 7X 4J View Kitsap Shipbuilding & Ship Repair Ship Repair Sheet Metal $46.15 7X 4J View Kitsap Shipbuilding & Ship Repair Ship Repair Shipwright $44.95 7X 4J View Kitsap Shipbuilding & Ship Repair Ship Repair Warehouse / Teamster $45.06 7Y 4K View Kitsap Sign Makers & Installers (Electrical) Journey Level $49.44 0 1 View Kitsap Sign Makers & Installers (Non- Electrical) Journey Level $31.96 0 1 View Kitsap Soft Floor Layers Journey Level $51.07 5A 3J View Kitsap Solar Controls For Windows Journey Level $13.69  1 View Kitsap Sprinkler Fitters (Fire Protection) Journey Level $84.39 5C 1X View Kitsap Stage Rigging Mechanics (Non Structural) Journey Level $13.69  1 View Kitsap Stone Masons Journey Level $60.57 7E 1N View Kitsap Street And Parking Lot Sweeper Workers Journey Level $16.00  1 View Kitsap Surveyors Assistant Construction Site Surveyor $69.33 7A 3K 8X View Kitsap Surveyors Chainman $66.30 7A 3K 8X View Kitsap Surveyors Construction Site Surveyor $70.49 7A 3K 8X View Kitsap Telecommunication Technicians Journey Level $53.57 7E 1E View Kitsap Telephone Line Construction - Outside Cable Splicer $41.81 5A 2B View Kitsap Telephone Line Construction - Outside Hole Digger/Ground Person $23.53 5A 2B View Kitsap Telephone Line Construction - Outside Installer (Repairer)$40.09 5A 2B View Kitsap Telephone Line Construction - Outside Special Aparatus Installer I $41.81 5A 2B View Kitsap Telephone Line Construction - Outside Special Apparatus Installer II $40.99 5A 2B View Kitsap Telephone Line Construction - Outside Telephone Equipment Operator (Heavy) $41.81 5A 2B View Kitsap Telephone Line Construction - Outside Telephone Equipment Operator (Light) $38.92 5A 2B View Kitsap Telephone Line Construction - Outside Telephone Lineperson $38.92 5A 2B View Kitsap Telephone Line Construction -Television Groundperson $22.32 5A 2B View Outside Kitsap Telephone Line Construction - Outside Television Lineperson/Installer $29.60 5A 2B View Kitsap Telephone Line Construction - Outside Television System Technician $35.20 5A 2B View Kitsap Telephone Line Construction - Outside Television Technician $31.67 5A 2B View Kitsap Telephone Line Construction - Outside Tree Trimmer $38.92 5A 2B View Kitsap Terrazzo Workers Journey Level $55.71 7E 1N View Kitsap Tile Setters Journey Level $55.71 7E 1N View Kitsap Tile, Marble & Terrazzo Finishers Finisher $46.54 7E 1N View Kitsap Traffic Control Stripers Journey Level $49.13 7A 1K View Kitsap Truck Drivers Asphalt Mix Over 16 Yards $63.80 5D 4Y 8L View Kitsap Truck Drivers Asphalt Mix To 16 Yards $62.96 5D 4Y 8L View Kitsap Truck Drivers Dump Truck $62.96 5D 4Y 8L View Kitsap Truck Drivers Dump Truck & Trailer $63.80 5D 4Y 8L View Kitsap Truck Drivers Other Trucks $63.80 5D 4Y 8L View Kitsap Truck Drivers - Ready Mix Transit Mix $63.80 5D 4Y 8L View Kitsap Well Drillers & Irrigation Pump Installers Irrigation Pump Installer $13.69  1 View Kitsap Well Drillers & Irrigation Pump Installers Oiler $14.08  1 View Kitsap Well Drillers & Irrigation Pump Installers Well Driller $14.40  1 View 6TH STREET SEWER REPLACEMENT PROJECT VICINITY MAP $195,000.00 Pape & Sons Construction, Inc. Northwest Cascade , Inc. Nova Contracting, Inc. ENGINEER ESTIMATE (INCLUDING SALES TAX) THIRD LOW BIDDER SECOND LOW BIDDER APPARENT LOW BIDDER SALES TAX $43,904.25 $33,079.07 $32,697.00 $22,454.10 Northwest Cascade, Inc.√$293,220.00 $319,609.80 $26,389.80 CITY OF BREMERTON BID TABULATION BOND BASE BID + CONTINGENCY TOTALNAME OF BIDDER OPENED BY: 2/24/2021 TIME OPENED: 6th St Sewer Replacement 10:15 AM Noreen Bolo / Lynn Gritton Noreen Bolo BID TITLE: Norvind Company, LLC √$487,825.00 $531,729.25 Allegiance Trucking LLC dba Marwood General Construction √$367,545.23 $400,624.30 Nova Contracting, Inc √$363,300.00 $395,997.00 Pape & Sons Construction, Inc.√$249,490.00 $271,944.10 DATE OPENED: RECORDED BY: SUMMARY AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: March 10, 2021 Grinder Pump System Maintenance Agreement with Correct Equipment, Inc. COUNCIL MEETING Date: March 17, 2021 Department: Engineering Presenter: Eric Burris Phone: (360) 473-5448 SUMMARY: In 2009 the City standardized on Environment One (E-One) residential grinder pump systems to ensure consistency of quality, maintenance and serviceability for all new grinder pump systems installed in the City. Standardization was necessary given a determination by Ecology that all new grinder pumps required Municipal ownership per WAC 173-240-105. In 2010, the City entered a 10- year contract with Correct Equipment, Inc. (CE) to service and maintain E-One grinder pump systems. At that time and continuing to the present, CE is the only vendor in Washington state authorized by E-One to sell and service these grinder pumps systems. In the 2010 contract, there were approximately 40 E-One grinder pump systems; today, there are over 200 of these systems that discharge to the City sewer system. Since CE is the only vendor authorized by E-One to maintain and repair these systems, the City will continue to sole-source these services from CE. The new contract will be for a 10-year term. ATTACHMENTS: 1. Grinder Pump System Maintenance Agreement (with Attachments A to F) 2. Sole-source justification for Correct Equipment, Inc. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation FISCAL IMPACTS (Include Budgeted Amount): The City receives approximately $30,000 per year from the grinder pump system surcharge. The annual maintenance cost of these pump systems is $20,000 plus repair costs and is included in the WWTP operations budget. STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Grinder Pump System Maintenance Agreement with Correct Equipment, Inc; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action 2I Grinder Pump System Maintenance Agreement March 2021 Correct Equipment/Bremerton Page 1 of 7 GRINDER PUMP SYSTEM MAINTENANCE AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Correct Equipment, Inc. ("Contractor"), whose mailing address is:14576 NE 95th Street, Redmond, WA 98052. Attachment A – SCOPE OF WORK Attachment B – FEES AND CHARGES Attachment C – GRINDER PUMP SERVICE ACCOUNTS (at time of contract execution) Attachment D – DOOR HANGER FOR CUSTOMER NOTIFICATION (Example Form) Attachment E – GRINDER PUMP SERVICE AGREEMENT (Example Form Agreement between City and Customer) Attachment F – CUSTOMER BROCHURE NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises, and agreements set forth herein, it is agreed by and between the City and the Contractor as follows: 1.SERVICES BY CONTRACTOR The contractor shall do all work and furnish all tools, equipment, materials, parts, assemblies, and supplies for annual preventive maintenance, emergency call out maintenance, and planned maintenance as described in Attachment A - Scope of Work for all properties listed in Attachment C. Preventive Maintenance shall be performed on each active property listed in Attachment C annually. If City and Contractor mutually agree that the scope of work in this agreement fails to satisfactorily maintain GP Systems, or results in costs or work efforts that have little or no substantive benefit, City and Contractor may by amendment modify Attachment A - Scope of Work. 2.CONTRACT TERM The contract will expire 10 years from the date of execution unless an amendment changes the contract term. 3.ADDITIONAL GRINDER PUMP SYSTEM INSTALLATIONS If City determines that preventive maintenance, emergency call out maintenance, and planned maintenance is required for GP Systems not provided for in Section 1 of this Agreement, City and Contractor may by an amendment to Attachment C of this Agreement add additional properties that have a connected GP System or add properties that have a high probability of connecting a GP System. City shall each month provide to Contractor by email an update of Attachment C as amended in electronic format showing the current status of GP System connections to the City's sewer system. 4.PAYMENT a.Contractor shall be reimbursed for and City shall pay all fees and charges in accordance with the fees as described in Attachment B - Fees and Charges. b.Annual preventive maintenance cost shall be calculated as follows: Number of installed pumps multiplied by pump annual maintenance fee, which is currently $100 and adjusted annually for inflation using the consumer price index for the Seattle-Tacoma-Bremerton area. Grinder Pump System Maintenance Agreement March 2021 Correct Equipment/Bremerton Page 2 of 7 c.Contractor shall notify and shall receive City approval prior to performing any planned maintenance on a single GP System that is expected to result in a billing amount exceeding $500 (Five Hundred Dollars). d.Contractor shall annually submit prior to the beginning of each Contract Year (as described in Attachment B) a Price List for equipment, parts, and assemblies to be used as a basis for the invoicing of expenses incurred in the Contract Year, and the Contract Year Inflation Adjustment Factor, based on CPI for Seattle-Tacoma-Bremerton area. e.Contractor shall submit monthly invoices for fees and expenses incurred in a previous calendar month in a format acceptable to City no later than the 5th (fifth) day of a month. A copy of all Grinder Pump Maintenance Records (GPMRs) (as described in Section 11) generated in the previous calendar month shall be submitted with receipts attached to each GPMR documenting the purchase or lease of equipment, and the purchase of parts, assemblies, and supplies not included in the Price List that individually exceed $25. f.All invoices shall be paid by mailing a city check within sixty (60) days of receipt of a proper invoice. g.If the services rendered do not meet the requirements of this Agreement, the Contractor shall correct or modify the work to comply with this Agreement. The City may withhold payment for such work until it meets the requirements of this Agreement. 5.PAYMENT FOR SERVICE AS A RESULT OF HOMEOWNER ERRORS Homeowner or operator errors resulting in real or perceived GP System failures that incur a Contractor labor, equipment, parts, or assemblies cost shall be reimbursed by City in accordance with Section 3 of this Agreement. City shall be responsible for the final determination of responsibility for costs incurred as a result of failures caused by homeowner or operator error, and for collecting from the homeowner any and all fees as reimbursement for costs incurred as a result of failures caused by homeowner or operator error. 6.MAINTENANCE AND WORK STANDARDS Contractor shall maintain all GP Systems in accordance with federal, state, and local laws and regulations, City Engineering Design and Construction Standards, National Electric Code, Washington State Plumbing Code, and Environment One Corporation maintenance standards and procedures, as amended. Contractor shall perform all work in accordance with generally accepted standards of practice for maintenance work of this type. 7.AGREEMENT FOR PROPERTY ACCESS Contractor shall be responsible for knowing and understanding the rights and responsibilities of the parties to the "Grinder Pump Service Agreement" attached as Attachment E. Contractor shall use reasonable care to avoid damage to landscaping, trees or other privately owned site improvements where possible. 8.EQUIPMENT, PARTS, AND LABOR WARRANTIES Contractor shall act on behalf of City in matters pertaining to warranties for all equipment, parts, and assemblies installed in the first installation of a GP System. Contractor shall warranty all other labor and equipment, parts, and assemblies, whether new or rebuilt, for a period of one year from the date of maintenance or repair of operating GP Systems Grinder Pump System Maintenance Agreement March 2021 Correct Equipment/Bremerton Page 3 of 7 9. ANNUAL REVIEW Each year within 30 days of the anniversary date of the execution of this Agreement, at least one representative of the City and of the Contractor shall meet to discuss matters relating to this Agreement including but not limited to issues concerning preventive maintenance, emergency call out maintenance, and planned maintenance, significant or reoccurring equipment or GP System failures, performance of work, emergency callout response, scope of work, costs and fees, record keeping and reporting, and invoicing. 10. OTHER SERVICES Contractor and homeowner may separately establish an understanding or agreement to perform other work as benefits the homeowner. No understanding or agreement shall relieve Contractor of any responsibility or liability under this Agreement notwithstanding City's knowledge or consent of such understanding or agreement. 11. INSPECTION AND AUDIT The Contractor shall maintain all books, records, documents, and other evidence pertaining to the costs and expenses allowable under this Agreement in accordance with generally accepted accounting practices. All such books and records required to be maintained by this Agreement shall be subject to inspection and audit by representatives of the City and/or the Washington State Auditor at all reasonable times, and the Contractor shall afford the proper facilities for such inspection and audit. Representatives of the City and/or the Washington State Auditor may copy such books, accounts, and records where necessary to conduct or document an audit. The Contractor shall preserve and make available all such books of account and records for a period of three (3) years after final payment under this Agreement. In the event that any audit or inspection identifies any discrepancy in such financial records, the Contractor shall provide the city with appropriate clarification and/or financial. Adjustments within thirty (30) calendar days of notification of the discrepancy. 12. REPORTING AND RECORD KEEPING Contractor shall record and keep for the term of this Agreement records of all preventive maintenance, emergency call-out maintenance, and planned maintenance performed on each GP System. This information shall be available for inspection by City staff as described in paragraph 10. 13. INDEPENDENT CONTRACTOR a. The Contractor and the City understand and expressly agree that the Contractor is an independent contractor in the performance of each and every part of this Agreement. The Contractor expressly represents warrants and agrees that his status as an independent contractor in the performance of the work and services required under this Agreement is consistent with and meets the six-part independent contractor test set forth in RCW 51.08.195. The Contractor, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. The Contractor shall make no claim of City employment nor shall claim any related employment benefits, social security, and/or retirement benefits. b. The Contractor shall be solely responsible for paying all taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, the Contractor shall pay the same before it becomes due. c. The Contractor shall obtain a business license and pay business and occupation taxes pursuant to Title 5 of the Bremerton Municipal Code. Grinder Pump System Maintenance Agreement March 2021 Correct Equipment/Bremerton Page 4 of 7 14. DISCRIMINATION AND COMPLIANCE WITH LAWS a. The Contractor agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, sexual orientation, age, disability, or other circumstance prohibited by federal, state or local law or ordinance, except for a bona fide occupational qualification. b. The Contractor shall comply with all federal, state and local laws and ordinances applicable to the work to be done under this Agreement. c. Violation of this Section 13 of this Agreement shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension by the City, in whole or in part, and may result in ineligibility for further work for the City 15. TERM AND TERMINATION OF AGREEMENT a. This Agreement shall become effective upon execution by both parties and shall continue in full force for a period not to exceed ten (10) year beginning at the date of execution of this agreement. b. This Agreement may be terminated by either party without cause upon ninety (90) days written notice to the other party. In the event of termination, all finished or unfinished documents, reports, or other material or work of the Contractor pursuant to this Agreement shall be submitted to the City, and the Contractor shall be entitled to just and equitable compensation at the rate set forth in Section 3 for any satisfactory work completed prior to the date of termination. 16. OWNERSHIP OF WORK PRODUCT All data, materials, reports, memoranda and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City in hard copy and in digital format that is compatible with the City's computer software programs. 17. GENERAL ADMINISTRATION AND MANAGEMENT The Director of Public Works & Utilities, or designee, shall be the City's representative, and shall oversee and approve all services to be performed, coordinate all communications, and review and approve all invoices, under this Agreement. 18. INDEMNIFICATION a. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance or non- performance of this agreement, except for injuries and damages solely caused by the City's negligence. b. 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. c. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor Grinder Pump System Maintenance Agreement March 2021 Correct Equipment/Bremerton Page 5 of 7 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. d. 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 WAIYER. e. The provisions of this section shall survive the expiration or termination of this agreement. 19. INSURANCE The Contractor shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Contractor, its agents, representatives, employees or subcontractors. Before beginning the work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: • Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and • 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 aggregate for personal injury, bodily injury, and property damage. Coverage shall include but not be limited to blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The City reserves the right to receive a certified copy of all the required insurance policies. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work and services, including completed work and services performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Contractor's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. 20. SUBLETTING OR ASSIGNING CONTRACT This Agreement, or any interest herein or claim hereunder, shall not be assigned, or transferred in whole or in part by the Contractor to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the Contractor as stated herein. 21. EXTENT OF AGREEMENT/MODIFICATION This Agreement, together with attachments or addenda, represents the entire and integrated Grinder Pump System Maintenance Agreement March 2021 Correct Equipment/Bremerton Page 6 of 7 Agreement between the parties and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended, modified, or added to only by written instrument properly signed by both parties. 22. SEVERABILITY a. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal or invalid, in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. b. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 23. FAIR MEANING The terms of this Agreement shall be given their fair meaning and shall not be construed in favor of or against either party hereto because of authorship. This Agreement shall be deemed to have been drafted by both of the parties. 24. NON-WAIVER A waiver by either party hereto of a breach by the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 25. NOTICES Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand- delivered to the parties at their addresses as follows: To the City: City of Bremerton Attn: Eric Burris 100 Oyster Bay Ave South Bremerton, WA 98312 To the Contractor: Correct Equipment, Inc. 14576 NE 95th Street Redmond, WA 98052, or to such addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such notices shall be deemed effective when mailed or hand-delivered at the addresses specified above. 26. SURVIVAL Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 27. GOVERNING LAW Grinder Pump System Maintenance Agreement March 2021 Correct Equipment/Bremerton Page 7 of 7 This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 28. VENUE The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Kitsap County, Washington. 29. COUNTERPARTS This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONTRACTOR: CITY OF BREMERTON CORRECT EQUIPMENT, 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 Attachment A – SCOPE OF WORK GRINDER PUMP SYSTEM MAINTENANCE AGREEMENT SCOPE OF WORK A Grinder Pump System ("GP SYSTEM") shall include all mechanical equipment, assemblies, sub- assemblies, and components from the grinder pump inlet to and including the isolation ball valve upstream of the pressure main; and shall include all electrical equipment and components beginning with and including the alarm panel and ending with and including all electrical equipment and components within the grinder pump assembly as shown in current City of Bremerton Sanitary Sewer Standards. 1)Preventive Maintenance. Preventive maintenance shall be performed on each grinder pump system annually and shall include the following tasks: a)Electrical i)Clean and inspect electrical alarm panel and upper motor housing. Check for loose connections, burnt wires, and faulty components. ii)Perform pump down test. Check for unusual noises or vibrations. iii)Test emergency alarm and level control sensors. iv)Check current draw and ensure readings are within normal operating range. b)Mechanical i)Inspect check valves for leakage. ii)Operate isolation valves at the grinder pump unit and the valve box at the right of way. Ensure valves operate freely. iii)Inspect for "Grinder Pump Service Agreement" conformance. 2)Emergency Call Out Maintenance. Emergency Call Out Maintenance shall be performed as required and shall include the following tasks: a)Respond to all notifications from a homeowner, homeowner's representative, or the City ("Requestor") as a result of a real or perceived malfunction in the operation of the GP SYSTEM. Contractor shall make contact with the Requestor within 1 hour and i)Make a site visit to perform any necessary maintenance or repairs within 4 hours of the initial notification if instructions to the Requestor fail to correct a malfunction which could result in a health, safety or environmental problem("Critical Problem"), or ii)Make a site visit to perform any necessary maintenance or repairs within 48 hours of the initial notification if instructions to the Requestor fail to correct any other malfunction or problem not classified as a Critical Problem. b)Inspect for "Grinder Pump Service Agreement" conformance. 3)Planned Maintenance. Planned Maintenance shall include the following tasks: a)Perform maintenance on the GP SYSTEM to correct known problems or potential system or equipment failures that could result in Emergency Call Out Maintenance. b)Perform additional inspection for "Grinder Pump Service Agreement" conformance during Planned Maintenance activity. 4)Notification of Action Items. Contractor shall upon completion of a preventive maintenance, emergency callout maintenance, or planned maintenance work effort leave with the homeowner or current tenant a Door Hanger report attached as Attachment D containing action items required to correct any errors in operation or any use or modification of the areas that are in violation of the "Grinder Pump Service Agreement", and a Customer Information Brochure attached as Attachment F. Attachment B – FEES AND CHARGES Updated 2/19/21 COST PER EACH $100 $150 $137 $230 $247 $300 $370 $400 $298 $428 $431 $581 $758 $1,113 $2,606 $2,750 GRINDER PUMP SYSTEM MAINTENANCE AGREEMENT WITH CITY OF BREMERTON FEES AND CHARGES CORRECT EQUIPMENT FEES AND CHARGE COST ITEM Annual Maintenance fee per pump (adjusted annually for inflation) Pump down tank if necessary Replace EQD’s Replace stator Replace switches Replace PC board Replace control bracket Replace bearings and stators 32’ Cable with conduit 32’ Cable without conduit 50’ Cable with conduit 50’ Cable without conduit Replace simplex panel Replace motor, bearings and stator Replace an extreme core with a new extreme core (a core replacement is a full replacement of all components; pump, motor, grinder, controls, level sensor and a new 2-year warranty. ) Replace a pre-2007 2000 series core with an Extreme Series core Replace any competitors pump with a 2-year warranty E/One system $2,960 Attachment C – GRINDER PUMP SERVICE ACCOUNTS (at time of contract execution) Attachment E – GRINDER PUMP SERVICE AGREEMENT (Example Form Agreement between City and Customer) THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK Grinder Pump Service Agreement (Capital) Page 1 of 9 Return Address: City Clerk City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337-1891 AUDITOR/RECORDER’S INDEXING FORM Document Title(s): Grinder Pump Service Agreement Reference Number(s) of Documents assigned or released: N/A Grantor(s): 1. Additional names on page of document. Grantee(s): 1. The City of Bremerton Additional names on page of document. Legal Description: (abbreviated) Additional legal is on page of document. Assessor’s Property Tax Parcel/Account Number: Project Name: GRINDER PUMP SERVICE AGREEMENT This Agreement is made this _________ day of _______________, 20___ between the CITY OF BREMERTON, a municipal corporation (“City”) and (“Owner”). SECTION 1: RECITALS 1.01 The City owns and operates a sewer system in Kitsap County Washington. Owner owns that certain real property legally described in Exhibit “A” attached hereto and by this reference incorporated herein (“Property”) and is in need of sewer service to the Property. In addition to compliance with all the City rules and regulations for connection to the City’s sewer system, the installation of a grinder pump unit upon Owner’s Property is necessary to facilitate City sewer service to the property. Such grinder pump unit has or will be installed on Owner’s Property at the City’s cost and pursuant to this agreement shall be owned by the City. Grinder Pump Service Agreement (Capital) Page 2 of 9 1.02 In consideration of the City’s ownership, operation and maintenance of the grinder pump unit on the Property, the Owner agrees to the certain terms and conditions relating to the grinder pump unit as set forth below. SECTION 2: TERMS AND CONDITIONS 2.01 Owner shall provide the City and its employees or authorized agents and representatives continuous access to the grinder pump unit on the Property suitable for the operation and maintenance of the grinder pump unit which may include lifting, removing and replacing such unit or any part thereof. No landscaping, trees or shrubs shall be planted in the area of the grinder pump unit which would interfere with access thereto nor shall any construction or any other activity be undertaken in the area of the grinder pump unit which would interfere with such access. Any landscaping, trees or shrubs on the Property shall be maintained by Owner to provide continuous access to the grinder pump unit. Owner shall maintain continuous access to the top of the grinder pump unit and shall maintain the top of such unit with a clearance of at least two inches above the yard subgrade whether such unit is located in a soil, grass, bark or other area upon the Property. If such unit is not accessible due to landscaping, trees or shrubbery, or any other restriction located over the unit, any expense incurred by the City to obtain access to the grinder pump unit shall be the responsibility of the owner(s) in accordance with the current assessments, rates, fees and charges. 2.02 Owner shall allow the City’s contractor to enter the property to construct the improvements, including modifications to the electrical service. The property shall be restored by the City and all costs for the construction improvements shall be borne by the City. 2.03 Owner shall provide and pay the cost of power for the grinder pump unit. 2.04 Owner shall pay utility bills from the City which will include a maintenance charge for the grinder pump unit as established by City ordinance. Owner shall also pay any assessed costs pursuant to Sections 2.01 and 2.05 which shall be assessed and processed with the utility bill. Notification of misuse and associated assessment will be sent to the Owner via certified mail. 2.05 Owner shall be assessed any expense incurred by the City in accordance with the current assessments, rates, fees and charges for repairs, as determined by the City, in the event of damage to the grinder pump unit caused by Owner’s, tenant’s or resident’s activities and/or misuse of such unit. Correct use and misuse is described in Exhibit B. Misuse shall also include unauthorized, use, damage of and/or tampering with City control panels or grinder pump tanks or other activity as may be established by rule or regulation. In the event of damage to the grinder pump unit, the City shall determine the cause of such damage and assess any charges for Owner’s, tenant’s or resident’s activities and/or misuse of the unit and the cost of repair or replacement associated or relating thereto in its sole judgment and discretion. 2.06 Owner shall indemnify, defend and hold the City harmless and not responsible for damages to Owner or any third party arising out of any damage to personal or real property caused by the grinder pump unit for any reason including overflow, power failure, and/or temporary loss Grinder Pump Service Agreement (Capital) Page 3 of 9 of service or from any liability for any personal injury or property damage relating in any way to the grinder pump station including its installation, operation, repair and maintenance, and from any power failure resulting in the grinder pump unit being rendered inoperable for any period of time, except due to the sole negligence of the City. Further, Owner hereby releases the City from any damage to trees, shrubs, grass and any other type of landscaping relating to the grinder pump unit and the City will use reasonable care to avoid any such damage. 2.07 Enforcement of the above-referenced terms and conditions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any term or condition herein, either to restrain violation or recover damages. Failure by the City, or any successor thereto, to enforce any term or condition contained herein shall in no event be deemed a waiver of right to do so thereafter. 2.08 All terms, conditions and provisions herein shall be covenants running with the land described in Exhibit “A” attached hereto and shall be binding upon the parties’ successors, heirs and assigns. The City shall record this agreement following its signature by the Owner and the City with Kitsap County Auditor’s Office of Records. By______________________________ (“Owner”) By_____________________________ (“Owner”) [Notary Acknowledgement on Next Page] Grinder Pump Service Agreement (Capital) Page 4 of 9 STATE OF WASHINGTON ) ) COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that _____________________________ is the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal this ______ day of ______________________, 20_____. _________________________________ Notary Public in and for the State of Washington, residing at________________ My appointment expires_______________ ACCEPTED this ______ day of ______________________, 20_____. CITY OF BREMERTON By_____________________________ GREG WHEELER, Mayor DEPARTMENTAL APPROVAL APPROVED AS TO FORM _____________________________ _________________________________ THOMAS KNUCKEY, Director ROGER A. LUBOVICH, City Attorney Public Works & Utilities R:\Legal\Legal\Forms\FORMS ON COBWEB\Grinder Pump Service Agreement (Capital) - FINAL.docx Grinder Pump Service Agreement (Capital) Page 5 of 9 EXHIBIT “A” EXHIBIT “B” Grinder Pump Service Agreement (Capital) Page 6 of 9 CITY OF BREMERTON Public Works and Utilities 100 Oyster Bay Avenue N Bremerton, WA 98312 CUSTOMER INFORMATION FOR CORRECT USE AND MISUSE OF GRINDER PUMP SYSTEM (4 pages) This document describes the correct use and misuse of a grinder pump system in the City of Bremerton in accordance with the City’s Grinder Pump Service Agreement and Bremerton Municipal Code. The grinder pump system takes liquid waste from your residence or business and pumps the waste to the City's sewage conveyance system located in the public right of way. The grinder pump system includes a pump tank and all mechanical/electrical equipment inside the tank, alarm/breaker panel, and pump valve box located next to the pump tank. The system is owned by the City of Bremerton. Additional valve boxes are installed on the property and at the property line to allow for cleaning and maintenance of the pressure discharge line. The existing sewer lateral from the residence/building to the tank, as well as the pressure discharge line from the pump tank outlet to the property line, are owned by the property owner. As the owner or tenant, you are responsible for proper usage of the grinder pump system. This information is being provided to all new grinder pump owners and/or tenants and becomes part of your Grinder Pump Service Agreement with the City. It is essential that certain precautions be observed at all times to insure safe and reliable operation of the system. Improper care or misuse of the system could cause a failure that may result in a sewage back up into the residence, as well as costly repairs being billed directly to you. Maintenance of the system is performed by a maintenance contractor under a service contract to the City of Bremerton. The contractor is responsible for preventive maintenance, planned corrective maintenance, and 24 hrs/day emergency maintenance. Under normal circumstances, the fees for these services are included in the monthly sewer bill. However, all costs incurred by the City of Bremerton as a result of customer misuse of the system will be billed to the customer. Additional fees may also be billed to the customer if maintenance access to the system is denied or restricted. If you have any questions about your system or need to report an emergency, please contact the maintenance contractor. The contact information for the maintenance contractor will be provided to you separately. Your call will typically be returned within one hour. If necessary, to resolve Grinder Pump Service Agreement (Capital) Page 7 of 9 an emergency, a site visit will be made within four hours. If you need additional assistance during an emergency, contact the City’s emergency response line at (360) 473-5920. Frequently Asked Questions Why should I be familiar with the grinder pump system? Some problems can be inadvertently caused by the property owners or their tenants because of their lack of understanding of their grinder pump system. Circuit breakers can be left off, too much flow can be added to the system, maintenance access can be obstructed, or prohibited substances can be flushed into the system. Simply taking the time to become familiar with the system can help to avoid many costly mistakes. Remember, your grinder pump serves only your property and what you do directly affects its operation. Any costs incurred as a result of customer misuse, either intentional or unintentional, will be charged to the customer. What are my responsibilities? •As the homeowner or tenant, you own and are responsible for: (1) the sewer lateral from your residence/building to the grinder pump tank inlet; (2) the pressure discharge line from the pump valve box (next to the grinder pump tank) to the system point of connection at the property line; (3) the power distribution system, including the emergency transfer switch (if installed) from the building to the grinder pump alarm/breaker panel. •The Service Maintenance Contractor is responsible from the pump basin inlet, through the pump, to the pump valve box and for the electrical equipment from the pump alarm/breaker panel to the pump motor. •The City is responsible from the connection to the City sewer at the property line to the City’s treatment plant. What services are covered by my monthly grinder pump sewer charges? Your monthly grinder pump sewer charges cover preventive maintenance, repair of normal wear and tear, and 24/7 emergency stand-by response capabilities. Generally, what constitutes misuse of the grinder pump system? •Flushing prohibited substances into the grinder pump system as described herein. •Constructing unauthorized alterations around the pump tank or alarm panel that prohibit access by the City and their maintenance contractor. What are prohibited substances? Prohibited substances that must not be flushed into the grinder pump system include glass, metal, shells, disinfectant wipes (flushable and non-flushable), rocks, diapers, rags, cloth, sanitary napkins, tampons, plastic, gasolines, motor oil, flammable material, explosives, large amounts of Grinder Pump Service Agreement (Capital) Page 8 of 9 cooking oil/grease. The grinder pump must grind all solids into small pieces before they can be pumped into the city sewer. These prohibited substances can cause premature wear on the pump or plug the pipes. These substances can also cause costly problems to the downstream infrastructure and treatment plant. Customers will be charged for cost of repair for damage caused by flushing prohibited substances into the grinder pump system. Why must the grinder pump tank lid be above ground level? First, maintenance personnel must have access to the pump tank lid. Second, installing the lid above grade prevents groundwater from entering the tank. What if my home is going to be unoccupied for longer than a couple of weeks? It is recommended that you flush your grinder pump system before you leave by running clean water into the unit for several minutes until the pumps activate. Do not disconnect the power to the unit. What should I do before I dig? Your grinder pump system includes buried piping and electrical systems located on your property. If you think that you will be digging near these items and are uncertain of the exact location, you should call 1-800-424-5555 (Washington Utility Notification Center) and a qualified technician will be scheduled to make a site visit to assist in locating the underground utilities on your property. For non-emergency work, allow 3-5 working days for service. What should I do in an emergency? First, cut your water use back to a minimum and then call your Maintenance Service Representative. They typically will return your call within an hour. Many times, they will be able to help you troubleshoot and correct the problem without requiring a site visit. This is where your understanding and familiarity with the system will come in handy. If necessary, they will make a site visit to correct an emergency within four hours. What should I do in an electrical power outage? Your residential grinder pump system will not work without power. Neither the Maintenance Service Representative nor the City are responsible for providing power to your system during a power outage. Most power interruptions are of a short duration and are of little concern. Simply limiting your water use during this time will avoid any problems. For longer duration power interruptions, the grinder pump system can be supplied power through a manual electrical transfer switch, if one is installed. This is a procedure that requires close attention to detail that should be practiced before an emergency occurs. Any damage caused to the grinder pump system by improper operation will be charged to the customer. Grinder Pump Service Agreement (Capital) Page 9 of 9 Summary of Grinder Pump System Operating Tips Your familiarity with the precautions outlined below is important to the reliable operation of your grinder pump system. • Become familiar with the general function, layout, and limitations of the system. • Know the location of the pump tank and alarm/breaker panel outside your home and the location of the grinder pump system circuit breaker within your home. • Do not flush prohibited substances into your grinder pump system. • Keep the pump basin and control panel easily accessible at all times. • Keep the top of the pump basin 2-3" above ground level. • Control the flow of hot tubs or other large tanks to the sewer, so as not to exceed the pumping capacity of the pumps. • Do not dig without first identifying the location of buried underground electrical cables and piping. • Limit water use during a power outage. • If you have an emergency generator that you plan to use for the grinder pump system, be familiar with your generator and the grinder pump system transfer switch before a power outage occurs. • In case of pump failure or system alarm, minimize water usage and contact the Grinder Pump Service Maintenance Representative. To silence the audible alarm, press the button on the bottom of the control panel. • If your residence is left unoccupied for more than a couple of weeks, it is recommended that you flush the tank with clean water before you leave. Thank you for your attention to these details. With proper system care and attention, your grinder pump system should provide many years of trouble-free service. Attachment F – CUSTOMER BROCHURE Grinder pump system Customer Brochure Page 1 of 4 Updated June 2020 CITY OF BREMERTON E-ONE GRINDER PUMP CUSTOMER BROCHURE CITY OF BREMERTON Public Works and Utilities 100 Oyster Bay Avenue N Bremerton, WA 98312 CUSTOMER INFORMATION FOR CORRECT USE AND MISUSE OF GRINDER PUMP SYSTEM (4 pages) This document describes the correct use and misuse of a grinder pump system in the City of Bremerton in accordance with the City’s Grinder Pump Service Agreement and Bremerton Municipal Code. The grinder pump system takes liquid waste from your residence or business and pumps the waste to the City's sewage conveyance system located in the public right of way. The grinder pump system includes a pump tank and all mechanical/electrical equipment inside the tank, alarm/breaker panel, and pump valve box located next to the pump tank. The system is owned by the City of Bremerton. Additional valve boxes are installed on the property and at the property line to allow for cleaning and maintenance of the pressure discharge line. The existing sewer lateral from the residence/building to the tank, as well as the pressure discharge line from the pump tank outlet to the property line, are owned by the property owner. As the owner or tenant, you are responsible for proper usage of the grinder pump system. This information is being provided to all new grinder pump owners and/or tenants and becomes part of your Grinder Pump Service Agreement with the City. It is essential that certain precautions be observed at all times to insure safe and reliable operation of the system. Improper care or misuse of the system could cause a failure that may result in a sewage back up into the residence, as well as costly repairs being billed directly to you. Maintenance of the system is performed by a maintenance contractor under a service contract to the City of Bremerton. The contractor is responsible for preventive maintenance, planned corrective maintenance, and 24 hrs/day emergency maintenance. Under normal circumstances, the fees for these services are included in the monthly sewer bill. However, all costs incurred by the City of Bremerton as a result of customer misuse of the system will be billed to the customer. Additional fees may also be billed to the customer if maintenance access to the system is denied or restricted. Grinder pump system Customer Brochure Page 2 of 4 Updated June 2020 If you have any questions about your system or need to report an emergency, please contact the maintenance contractor. The contact information for the maintenance contractor will be provided to you separately. Your call will typically be returned within one hour. If necessary, to resolve an emergency, a site visit will be made within four hours. If you need additional assistance during an emergency, contact the City’s emergency response line at (360) 473-5920. Frequently Asked Questions Why should I be familiar with the grinder pump system? Some problems can be inadvertently caused by the property owners or their tenants because of their lack of understanding of their grinder pump system. Circuit breakers can be left off, too much flow can be added to the system, maintenance access can be obstructed, or prohibited substances can be flushed into the system. Simply taking the time to become familiar with the system can help to avoid many costly mistakes. Remember, your grinder pump serves only your property and what you do directly affects its operation. Any costs incurred as a result of customer misuse, either intentional or unintentional, will be charged to the customer. What are my responsibilities? •As the homeowner or tenant, you own and are responsible for: (1) the sewer lateral from your residence/building to the grinder pump tank inlet; (2) the pressure discharge line from the pump valve box (next to the grinder pump tank) to the system point of connection at the property line; (3) the power distribution system, including the emergency transfer switch (if installed) from the building to the grinder pump alarm/breaker panel. •The Service Maintenance Contractor is responsible from the pump basin inlet, through the pump, to the pump valve box and for the electrical equipment from the pump alarm/breaker panel to the pump motor. •The City is responsible from the connection to the City sewer at the property line to the City’s treatment plant. What services are covered by my monthly grinder pump sewer charges? Your monthly grinder pump sewer charges cover preventive maintenance, repair of normal wear and tear, and 24/7 emergency stand-by response capabilities. Generally, what constitutes misuse of the grinder pump system? •Flushing prohibited substances into the grinder pump system as described herein. •Constructing unauthorized alterations around the pump tank or alarm panel that prohibit access by the City and their maintenance contractor. Grinder pump system Customer Brochure Page 3 of 4 Updated June 2020 What are prohibited substances? Prohibited substances that must not be flushed into the grinder pump system include glass, metal, shells, disinfectant wipes (flushable and non-flushable), rocks, diapers, rags, cloth, sanitary napkins, tampons, plastic, gasolines, motor oil, flammable material, explosives, large amounts of cooking oil/grease. The grinder pump must grind all solids into small pieces before they can be pumped into the city sewer. These prohibited substances can cause premature wear on the pump or plug the pipes. These substances can also cause costly problems to the downstream infrastructure and treatment plant. Customers will be charged for cost of repair for damage caused by flushing prohibited substances into the grinder pump system. Why must the grinder pump tank lid be above ground level? First, maintenance personnel must have access to the pump tank lid. Second, installing the lid above grade prevents groundwater from entering the tank. What if my home is going to be unoccupied for longer than a couple of weeks? It is recommended that you flush your grinder pump system before you leave by running clean water into the unit for several minutes until the pumps activate. Do not disconnect the power to the unit. What should I do before I dig? Your grinder pump system includes buried piping and electrical systems located on your property. If you think that you will be digging near these items and are uncertain of the exact location, you should call 1-800-424-5555 (Washington Utility Notification Center) and a qualified technician will be scheduled to make a site visit to assist in locating the underground utilities on your property. For non-emergency work, allow 3-5 working days for service. What should I do in an emergency? First, cut your water use back to a minimum and then call your Maintenance Service Representative. They typically will return your call within an hour. Many times, they will be able to help you troubleshoot and correct the problem without requiring a site visit. This is where your understanding and familiarity with the system will come in handy. If necessary, they will make a site visit to correct an emergency within four hours. What should I do in an electrical power outage? Your residential grinder pump system will not work without power. Neither the Maintenance Service Representative nor the City are responsible for providing power to your system during a power outage. Most power interruptions are of a short duration and are of little concern. Simply limiting your water use during this time will avoid any problems. For longer duration power interruptions, the grinder pump system can be supplied power through a manual electrical transfer Grinder pump system Customer Brochure Page 4 of 4 Updated June 2020 switch, if one is installed. This is a procedure that requires close attention to detail that should be practiced before an emergency occurs. Any damage caused to the grinder pump system by improper operation will be charged to the customer. Summary of Grinder Pump System Operating Tips Your familiarity with the precautions outlined below is important to the reliable operation of your grinder pump system. •Become familiar with the general function, layout, and limitations of the system. •Know the location of the pump tank and alarm/breaker panel outside your home and the location of the grinder pump system circuit breaker within your home. •Do not flush prohibited substances into your grinder pump system. •Keep the pump basin and control panel easily accessible at all times. •Keep the top of the pump basin 2-3" above ground level. •Control the flow of hot tubs or other large tanks to the sewer, so as not to exceed the pumping capacity of the pumps. •Do not dig without first identifying the location of buried underground electrical cables and piping. •Limit water use during a power outage. •If you have an emergency generator that you plan to use for the grinder pump system, be familiar with your generator and the grinder pump system transfer switch before a power outage occurs. •In case of pump failure or system alarm, minimize water usage and contact the Grinder Pump Service Maintenance Representative. To silence the audible alarm, press the button on the bottom of the control panel. •If your residence is left unoccupied for more than a couple of weeks, it is recommended that you flush the tank with clean water before you leave. Thank you for your attention to these details. With proper system care and attention, your grinder pump system should provide many years of trouble-free service. Public Works and Utilities Department 100 Oyster Bay Ave. N. • Bremerton, WA 98312 • (360) 473-5920 • FAX (360) 473-5360 Page 1 Correct Equipment, Inc.February 25, 2021 DATE: February 25, 2021 TO: Procurement File FROM: Bill Davis, P.E., Managing Engineer – Utilities SUBJECT: Sole Source Determination for Correct Equipment, Inc. In accordance with Bremerton Municipal Code 2.76.090, Sole Source Purchases, the purpose of this memorandum is to document the necessity of sole source procurement methodology for the procurement of maintenance and repair services for Environment One (E-One) grinder pump systems from Correct Equipment, Inc. Reasoning (check all supporting options below): ☒Compatibility to existing City standard or to existing equipment, inventory, systems, data, programs or service. See attached letter from Environmental One Corporation. ☒Licensed or patented product with only one dealer. (Include a statement explaining why this particular licensed or patented product the only one suitable for your purpose) ☒Authorized service provider, repair and/or warranty services. The City requires service or repair support for products or equipment owned by the City, and the vendor is either a factory authorized warranty service provider or that particular vendor is required for warranty services according to the conditions of a current City contract. ☐Unique design: Requires unique features that are essential aesthetic requirements, or not practical to match to existing design or equipment, such as artwork. Describe. ☐Special bargain: This might include a surplus item, an auction sale, used equipment, returned “open box” purchase, or other similar one-time bargains. Describe. ☐Delivery date: Only one supplier can meet required delivery date. Explain why this delivery date is essential. This can only be used in limited circumstances, for delivery deadlines that are the result of an unanticipated situation, and not a circumstance that could have been reasonably anticipated or averted by advance City planning. ☐Project or research continuity: Product, systems, services or data must comply with an ongoing project, research, data, testing or analysis without a compromise in the integrity of the project. Also, this should be a situation that cannot be replicated by another company because there is a legal or physical obstruction to disclosing the project information to allow another company the Public Works and Utilities Department 100 Oyster Bay Ave. N. • Bremerton, WA 98312 • (360) 473-5920 • FAX (360) 473-5360  Page 2 Correct Equipment, Inc. February 25, 2021 opportunity to replicate. Examples include situations where a company has legal and/or proprietary rights to customization such as software code, or to data; or testing or data is collected through a unique measuring instrument that cannot be accurately duplicated and offered by another vendor. ☐ Requirement by funding source: Lender, grantor (such as federal government) or other provider of funds requires the specific product, service or system. Attach a copy of the document that clearly shows such a requirement is imposed by the funding source. ☐ Legal monopoly: Only one supplier, such as electricity, water, or sewage. ☐ Trial and evaluation projects: A limited duration, limited scope pilot, trial or evaluation of a product, range of products or services. A trial or evaluation project would typically be part of establishing a standard for a City department, or to pilot a particular product or services for a City need. Describe the pilot, specify the scope of the pilot, and attach information to confirm that the pilot is part of a purposeful department pilot initiative. ☐ Other. Describe. Why is this the only company that can provide the sole source product or service? The reference section reference section explains why a particular product, manufacturer or service is necessary. The section below discusses why the company you request is the only available company. Cost/Quote support: Estimated $30,000 annually. Our staff believes this is a fair and reasonable price. Therefore, it is my determination that it is in the City’s best interests to purchase the E-One grinder pump maintenance services through direct negotiation, pursuant to BMC 2.76.090 and 2.76.010, and that sole source purchase of these services is justified for this procurement. Recommended by: _________________________________________ Bill Davis, Managing Engineer – Utilities Approved by: _________________________________________ Tom Knuckey, Director of Public Works and Utilities Thomas Knuckey Digitally signed by Thomas Knuckey Date: 2021.02.25 13:36:46 -08'00' ENVIRONMENT ONE CORPORATION 2773 BALLTOWN ROAD • NISKAYUNA, NEW YORK 12309-1090 TELEPHONE 518.346.6161 • FAX 518.346.6188 • www.eone.com January 7, 2021 To whom it may concern; Correct Equipment is currently the only authorized representative of Environment One Corporation (E/One) Sewer Systems Products in the State of Washington. This currently includes the sale and service of E/One grinder pump products in this territory. The Sales and Service Departments of Correct Equipment have been trained by E/One factory personnel to provide unparalleled; sizing and application assistance, product sales and after sale support/service on all E/One sewer products. Correct Equipment has a complete inventory of E/One grinder pump stations, pumps and panels in stock and their Service Department has a complete inventory of repair parts for E/One sewer products in their stocking warehouse(s). We would like to thank you for your interest in Environment One Sewer System products and extend our sincerest invitation for you to contact us if we can be of further assistance. Regards, David Breiner Sales Engineering Manager Environment One Corporation Direct Telephone: (518) 579-3054 E-mail: dbreiner@eone.com AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: March 10, 2021 Goods and Services Agreement with Merchant Patrol Security Services for Bremerton Municipal Courthouse Security Services COUNCIL MEETING Date: March 17, 2021 Department: Municipal Court Presenter: Dawn Williams Phone: (360) 473-5242 SUMMARY: The Bremerton Municipal Court is entering into a new contract with Merchant Patrol Security Services to provide Court Security Services for the courthouse at 550 Park Avenue. The County notified the Court in February of their intent to cancel all contracted security services as of March 31, 2021. The court requested bids from potential companies. The anticipated term of the new contract is set to begin on April 1, 2021 and will run through December 31, 2022. ATTACHMENTS: Goods and Services Agreement between Bremerton Municipal Court and Merchant Patrol Security Services FISCAL IMPACTS (Include Budgeted Amount): The Court budget has funds allocated for security. The contract amount is not-to-exceed $57,000 for 2021 and $75,000 for 2022 (including WA State Sales Tax). STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Goods and Services Agreement with Merchant Patrol Security Services for Bremerton Municipal Courthouse Security Services; and authorize the Mayor to finalize 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 3A GOODS AND SERVICES AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Merchant Patrol Security Services ("Vendor"), whose mailing address is: PO Box 964 Olalla, WA 98359. The parties agree as follows: I. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City: Municipal Court Security Services as outlined in Exhibit A. II. TIME OF COMPLETION. Vendor shall complete the work and provide all goods, materials, and services within 10 calendar days from the date all parties have signed this Agreement. The Term of this agreement covering services shall be from April 1, 2021 to December 31, 2022. III. COMPENSATION. The City shall pay the Vendor the total amount of $31.25/ hour with a not to exceed amount of $57,000 for 2021 and $75,000 for 2022, including applicable Washington State Sales Tax, for the goods, materials and services contemplated in this Agreement. The City shall pay the Vendor monthly following receipt of appropriate invoicing. The Parties agree that the hourly rate for services stated herein may be adjusted once during the term of the contract to reflect an adjustment in the cost of living. Such adjustment will be negotiated by the Parties and reflected in an amendment to this Agreement. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials, or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services on its own or from a third party, and Vendor 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 Agreement price specified above. The City further reserves its right to deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to become due the Vendor. IV. INDEPENDENT CONTRACTOR. Vendor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Vendor 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 Vendor, officer, agents, employees and subcontractors. The Vendor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Vendor's officers, agents, employees and subcontractors. V. 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 Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of this Agreement. B. The Vendor's failure to complete this Agreement within the time specified in this Agreement. C. The Vendor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Vendor's failure to comply with federal, state, or local laws, rules, or regulations. E. The Vendor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the goods, materials, and services required by this Agreement are completed and fully performed by the City or a third party of the City’s choosing. VI. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor 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 Vendor'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 Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make an y claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Vendor. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor 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 Vendor'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 Vendor is asserting a schedule change or disruption. 3. The Vendor 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 Vendo r's records needed for evaluating the protest. 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. Vendor's Duty to Complete Protested Work. In spite of any protest, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. C. Vendor's Acceptance of Changes. The Vendor 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 Vendor as provided i n 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 Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations , and determination). VII. CLAIMS. The Vendor 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 Vendor 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 Vendor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Vendor's written claim must include the information set forth regarding protests in Section VI(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. Vendor 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. VIII. INDEMNIFICATION. Vendor 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. Vendor’s obligation to indemnify shall not extend to that portion of damages caused by the City’s sole negligence. The City's inspection or acceptance of any of Vendor'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 Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES 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. IX. INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the contract work by the Vendor, its agents, representatives, employees or subcontractors. Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; and employer's liability. C. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate. D. 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 Vendor. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which shall 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 Vendor and a copy of the endorsement naming the City as 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. The Vendor'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 Vendor'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 Vendor 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 required 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. X. MISCELLANEOUS. A. Licenses and Taxes. Vendor shall possess a current Bremerton Business License and any regulatory license required to fulfill Vendor's obligations under this Agreement. B&O taxes shall be paid when due, and Vendor, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. B. Conflict and Precedence. In the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence: 1. Amendments / Change Orders to Goods and Services Agreement 2. Goods and Services Agreement 3. Specifications 4. Terms and Conditions 5. Vendor’s Proposal C. Documents Incorporated by Reference. The following documents are incorporated by reference, including but not limited to: 1. Terms and Conditions, 2. Specifications, 3. Proposal, and 4. Non-Collusion Affidavit. D. Use of Photographs and Images. Vendor shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Vendor or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. E. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Vendor, its subcontractors, or any person acting on behalf of Vendor 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. F. 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. G. Compliance with Laws. Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. H. Prevailing Wages. Vendor 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. Vendor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. I. Work Performed at Vendor's Risk. Vendor 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 Vendor's own risk, and Vendor 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. J. 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 Vendor under any of the provisions of this Agreement, resolution of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. K. Attorney's Fees. 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 IX of this Agreement. L. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, 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 t he address stated in this Agreement. Notices to be sent to: Notices to be sent to: CITY: VENDOR: Attn: Dawn Williams Attn: Dan Larson City of Bremerton Merchant Patrol Security Services 345 6th Street, Suite 100 PO Box 964 Bremerton, WA 98337-1891 Olalla, WA 98359 M. Assignment. Any assignment of this Agreement by the Vendor without the written consent of the City shall be void. N. 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 Vendor. O. Severability. If any one or more sections, subsections, 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. P. Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this Agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: VENDOR: City of Bremerton 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\Goods and Services Agreement Rev 06 2020.docx Exhibit A: Scope of Work Security Services Summary: 1. Assigned personnel must be trained in both weapons screening and security services. 2. Assigned personnel must be able to stand for long periods of time. 3. Vendor will supply 1 full time person or 2 part time persons. The agency shall have sufficient staffing to have a backup officer available and at the site in the absence of the main officer. 4. Within 30 days of request, the vendor shall provide the City additional service coverage as needed to meet the Municipal Court hours of operation. Locations: Bremerton Municipal Court 550 Park Ave Bremerton, WA 98337 Invoicing - Billing Requirements: Invoicing should be monthly and display hours worked, labor rates and any additional charges as separate line items. Additional Sites Requiring Services Any and all additional services that become routine security services will be added to the City’s existing contract by amendments, and all specifications that apply to the new location will become effective on date of agreed upon start of service. The contractor shall provide the following services where applicable: A. Provide a full time Security Officer (SO) (or a combination of SO’s that add up to one full time) to provide courthouse security screening services, as identified in this scope of work, for the Bremerton Municipal Court (Court). For purposed of this Contract, “full-time” means eight hours per day, five days per week, excluding court holidays and closures. B. Shall be responsible for arranging and providing a back-up officer in the event the main officer is off or has to leave his/her station for any reason. C. Have all security personnel wear uniform apparel while on duty. D. Possess professional liability insurance of $1,000,000.00 and provide certificates of continued coverage. City of Bremerton to be named on all certificates of insurance to ensure validity. Exhibit A: Scope of Work E. Provide the city representatives with phone number and instructions for contacting supervisor staff to report misconduct, non-performance, or un-kept appearance of assigned security personnel. Basic Duties: A. Be stationed at the main front entrance of the courthouse through which the public enters the building. The SO will be responsible for operating the courthouse security screening equipment for prohibited items (e.g. weapons). The SO shall screen all items to include: handbags, backpacks, briefcases, computers, strollers and the like, prior to passing the screening area and entering the building. Detected prohibited items shall be brought to the visitor’s attention and, if legal, given back to the individual for removal from the premises before entry is allowed. When authorized by Court policy, the visitor may be permitted to store firearms in a locked compartment provided by the Court. Illegal items confiscated during the screening process shall be secured and turned over to the Bremerton Police Department. B. The SO shall remain at his/her authorized post at the entrance of the courthouse unless requested by court staff to move from that location. The SO is not expected to perform the services of a sworn law enforcement officer (e.g. escorting prisoners, taking people into custody). C. The SO shall deny entry of any persons as directed by the court. MAYOR’S REPORT March 17, 2021 Photo courtesy of Port of Bremerton 2021 Mayor’s Youth Leadership Award Recipient Congratulations! ALEJANDRA PULIDO •Attends Bremerton High School •Leading member in the Kitsap Advocating for Immigrants Rights and Equality (KAIRE) organization •Publicly speaks on immigrant issues in the community and involved in the social justice movement in Kitsap County •Received the 2020 Kitsap County Human Rights “Linda Gabriel –Youth Award” for her contributions to human rights efforts •Her goal is to become a human rights attorney and seek elected public office at the state and national level This is the 3rd year of the Mayor’s Youth Leadership Award. The program recognizes outstanding young leaders in the Bremerton district. Gorst Coalition Update