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HomeMy WebLinkAbout02/23/2022 STUDY SESSION AGENDA PACKET ______________________________________________________________ th CITY COUNCIL 345 6Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280 * **A M E N D E D * * * WEDNESDAY, FEBRUARY 23, 2022 CITY COUNCIL STUDY SESSION AGENDA 5:00 PM Via Zoom Webinar To help reduce the spread of COVID-19, the City Council is conducting a Study Session via Zoom Webinar. The Study Session is open to the public to listen in, but there will be no opportunities for input; no action is anticipated; and the content of these items is subject to change. If approved by the Council, these items will be placed on the March 2, 2022 Members of the public are invited to join the Zoom webinar by clicking on the following link: https://us02web.zoom.us/j/87878560739?pwd=dHd5RmJvSllWbStpNjltUTFBdGxnUT09 Passcode: 209823 Or iPhone one-tap: US: +13126266799,,87878560739#,,,,*209823# or +19292056099,,87878560739#,,,,*209823# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592 or +1 346 248 7799 Webinar ID: 878 7856 0739 Passcode: 209823 Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us A.BRIEFINGS ON AGENDA BILL ITEMS 1.20212023 Biennial Water Quality Stormwater Capacity Grant Agreement with WA State Department of Ecology 2.Professional Services Agreement with Aspect Consulting, LLC for Union River Supply Firm Yield Analysis 3.Goods and Services Agreement with Petrocard, Inc. for the Purchase of Gasoline, Related Products, and Fuel Supply Services 4.Ordinance adding Subsection 7.15.010 (cc) to the Bremerton Municipal Code (BMC) entitled 5.Public Works Emergency Response Assistance Mutual Aid Agreement (Emergency Proclamation) 6.Public Works Emergency Response Assistance Mutual Aid Agreement (No Emergency Proclamation) 7.Goods and Services Agreement with Centrisys-CNP for a Sole Source Purchase of a Complete Rotating Assembly for the Wastewater Treatment Plant Centrifuge 8.Contract with Michels Corporation for the 2022 Sewer Rehabilitation Project 9. Grant of Easement with United States of America for Water Mains under the Shelton- Bremerton-Bangor (US Navy) Railroad north of Gold Mountain Golf Course 10. Contract Modification Agreement No. 1 with Materials Testing and Consulting for the Oyster Bay Beach Sewer Upgrades Project 11. Contract Modification Agreement No. 1 with Parametrix, Inc. for the Gorst Sewer Water Hammer Analysis B. GENERAL COUNCIL BUSINESS o Race Equity Advisory Committee Briefing (Regular Meeting 2/10/22) Chair Dennehy o Public Works Committee Briefing (Regular Meeting 2/15/22) Chair Younger o Finance, Investment & Parking Committee Briefing (Regular Meeting 2/22/22) Vice Chair Chamberlin o Other General Council Business C. ADJOURNMENT OF STUDY SESSION D. EXEMPT CLOSED SESSION o Immediately following adjournment, an Exempt Closed Session will be held as allowed under RCW 42.30.140 (4) (b) to discuss Labor Negotiations or Proceedings AGENDA BILL CITY OF BREMERTON A1 CITY COUNCIL SUBJECT:Study SessionDate: February 23, 2022 20212023 Biennial Water Quality COUNCIL MEETING Date: March 2, 2022 Stormwater Capacity Grant Agreement with Department: PW&U WAState Department of Ecology Presenter: Chance Berthiaume Phone: (360) 473-5929 SUMMARY:Department of Ecologyis providing a no match grant for $70,000 to assist in the implementation and management of the municipal stormwater program. The overall goal is to improve water quality by reducing stormwater pollutants discharged to state water bodies. ATTACHMENTS:Water Quality Stormwater Capacity Agreement between the Washington State Department of Ecology and City of Bremerton FISCAL IMPACTS(Include Budgeted Amount): A $70,000 no match grant to the Stormwater Utility to assist with implementation of the NPDES Phase II Municipal Stormwater Permit requirements beginning July 1, 2021 through March 31, 2023 STUDY SESSION AGENDA: LimitedPresentationFull Presentation STUDY SESSION ACTION:Consent AgendaGeneral BusinessPublic Hearing RECOMMENDED MOTION: Move to accept the 2021-2023 Biennial Stormwater Capacity Grant with the Washington State Department ofEcology;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 AGENDA BILL CITY OF BREMERTON A2 CITY COUNCIL SUBJECT: Study Session Date: February 23, 2022 Professional Services Agreement with COUNCIL MEETING Date: March 2, 2022 Aspect Consulting, LLC for Union River Department: Public Works & Utilities Supply Firm Yield Analysis Presenter: Teresa Smith Phone: (360) 473-2347 SUMMARY: analysis and Minimum Desired Reservoir Level Curve, both critical to the water supply. This agreement also includes a watershed hydrology analysis of existing records to identify trends and a climate change impact assessment to describe how changes may impact the Union River water supply in the future. ATTACHMENTS: Professional Services Agreement that sets terms and conditions, scope of work, and deliverables FISCAL IMPACTS (Include Budgeted Amount): $110,000 from the Water Utility Operations Professional Services Budget. No budget additions or changes required. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement between the City of Bremerton and Aspect Consulting, LLC in an amount not to exceed $110,000; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 PROFESSIONAL SERVICES AGREEMENT Union River Supply Firm Yield Analysis The City of Bremerton (“City”) and Aspect Consulting, LLC.(“Consultant”), referred to collectively as the “Parties,” enter into the following Agreement for professional services: I.Scope:The Consultant agrees to perform the services more specifically described in the Scope of Work, dated February 4, 2022, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.Hof this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II.Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section X.Aof this agreement. III.Compensation:In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $110,000.00.Consultant’s charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly processpayment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in ExhibitC. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Page 1of 14 Bremerton/Aspect Consulting, LLC Union River Supply Firm Yield Analysis Rev. 09/2021 IV.Relationship of Parties:Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City’s employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City’s administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V.Indemnification: A.Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreementexcept for that portion of the injuries and damages caused by the City’s sole negligence,unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B.Architects, Engineers and AnyOther Professional Listed In and Performing Services Defined in RCW 4.24.115.Should a court of competent jurisdiction determine that Consultant’s services provided pursuanttothis Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE Page 2of 14 Bremerton/Aspect Consulting, LLC Union River Supply Firm Yield Analysis Rev. 09/2021 PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI.Insurance:The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insuranceevidencing: 1.Automobile Liabilityinsurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2.Commercial General Liabilityinsurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3.Excess Liabilityinsurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4.Professional Liabilityinsurance with limits no less than $1,000,000 limit per occurrence/claim; and 5.Workers Compensationinsurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limitsnot less than $1,000,000. Any payment of deductible or self-insuredretention shall bethe sole responsibility of the Consultant. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which may be provided on a “claims-made” basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance.The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. Page 3of 14 Bremerton/Aspect Consulting, LLC Union River Supply Firm Yield Analysis Rev. 09/2021 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 th certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6 Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coveragein the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. In the event that the Consultant employs other consultants or contractors (sub-consultants or sub-contractors) as part of the work covered by this Agreement, it shall be the Consultant’s responsibility to require and confirm that each sub-consultant or sub-contractor meets the minimum insurance requirements specified above. The Consultant shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. VII.General Conditions: A.Reports and Information:When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (“GAAP”) to substantiate all billed amounts. B.Ownership and Use of Records and Documents:Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Seattle and Bainbridge Island, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service Page 4of 14 Bremerton/Aspect Consulting, LLC Union River Supply Firm Yield Analysis Rev. 09/2021 with respect to the project and are the property of the City. Any reuse bythe City for other than the specific purpose intended will be at City’s sole risk. C.Use of Photographs and Images.Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D.Work Performed at Consultant's Risk:Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss ofor damage to materials, tools, or other articles used or held for use in connection with the work. E.Place of Work:The Consultant shall perform the work authorized under this Agreement at its offices in Seattle and Bainbridge Island, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F.Entire Agreement:This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G.Severability:Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H.Modification:This Agreement may only be modified by written instrument signed by both Parties. I.Written Notices:All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sentto:Notices to be sent to: CITY:CONSULTANT: Attn:Cami Apfelbeck Attn:Owen Reese City of BremertonAspect Consulting, LLC nd Avenue, Suite 550 100 Oyster Bay Ave N710 2 Bremerton, WA 98312Seattle, WA 98104 J.Waiver:Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. Page 5of 14 Bremerton/Aspect Consulting, LLC Union River Supply Firm Yield Analysis Rev. 09/2021 K.Non-Waiver of Breach:The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L.Compliance with Laws:Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M.Choice of Law and Venue:This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N.Attorneys’ Fees:In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney’s fees. O.Assignment:Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII.Equal Employment Opportunity Statement:In the hiring of employees for the performance of work under this Agreement, the Consultant, its subcontractors, or any person acting on behalf of Consultant shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. IX.ADA Statement:The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act.This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton.Reasonable accommodation for employees or applicants for employment will be provided. X.Termination:This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performingParty does not commence correction of the failure of performance within thirty (30) days of the terminating Party’s sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelledor substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. Page 6of 14 Bremerton/Aspect Consulting, LLC Union River Supply Firm Yield Analysis Rev. 09/2021 A.Excusable Delays:The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B.Rights Upon Termination:In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. XI.Suspension & Debarment.For contracts involving Federal funding,Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that itis or has become ineligible for certification. Should Consultantenter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is notdebarred, suspended, ineligible,excluded or disqualified. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY:CONSULTANT: CITY OF BREMERTONAspect Consulting, LLC By:By: Print Name:Greg WheelerPrint Name:Owen Reese, P.E. Its:MayorIts:Principal Water Res. Engineer Date:Date: Page 7of 14 Bremerton/Aspect Consulting, LLC Union River Supply Firm Yield Analysis Rev. 09/2021 APPROVED AS TO FORM:ATTEST: By:By: Kylie J. Finnell,Bremerton City AttorneyAngela Hoover,City Clerk R:\\Legal\\Legal\\Forms\\FORMS ON COBWEB\\Professional Services Agreement Rev. 09 2021.docx Page 8of 14 Bremerton/Aspect Consulting, LLC Union River Supply Firm Yield Analysis Rev. 09/2021 EXHIBIT A SCOPE OF WORK February 4, 2022 Union River Supply Firm Yield Analysis PROJECT BACKGROUND Surface water reliability, including the determination of “safe yield” or “firm yield,” is vital to the management of drinking water systems that depend on surface water. Approximately 60% of Bremerton’s water supply originates from the headwaters of the Union River. Casad Dam was constructed in 1956 to create the Union River Reservoir, and the City owns 3,000 acres of forested land in the Union River Watershed to protect this drinking water source. An evaluation of the Union River surface water supply and the calculation of firm yield was completed in 1999 as part of the City of Bremerton Water System Plan Update(Technical Memorandum -Union River Supply and Firm Yield). An addendum was completed in 2001 to re- assess the estimates of firm yield using additional hydrologic information collected during drought conditions in 2001(Addendum -Union River Supply and Firm Yield). The City continues to collect flow and rainfall data for this basin since construction of the damin 1956. As stated in Washington State Department of Health’s Water System Design Manual, changes in vegetation coverage, climate, and precipitation patterns over time may necessitate that a water system reevaluate the reliable yield to ensure an adequate water supply in the future. Recent data suggest that the hydrologicregime in the Union River Watershed may be changing; therefore, a thorough evaluation and update to the firm yield is needed. PROJECT SCOPE OF WORK TASK 1. Data Analysis(80hours, $17,300) Aspect Consulting will conduct a comprehensive watershed hydrology analysis using the City’s existing hydrologic records (water production, stream flow, precipitation, reservoir volume, and other relevant data) with an emphasis on identifying any statistically significant trends since 1956. The analysis will focus first on precipitation andinflow to the reservoir. Reservoir volume and water production, and other similar data sets, will also be analyzed but are given secondary relevance for identifying climatic trends because they include human influence through operational decisions and water supply demand. Secondary series will be evaluated by developing time series plots and visually assessing for potential trends. Page 9of 14 Bremerton/Aspect Consulting, LLC Union River Supply Firm Yield Analysis Rev. 09/2021 The analysis of precipitation and inflowdata will include the following steps: •Assess the data to identify discontinuities, periods of missing data, or other discrepancies •Discuss the data collection history with the City to understand if any changes in monitoring approach over time may affect the data •Identify outliers •Test the distribution of the data •Apply appropriate statistical methods depending on the distribution testing results. For example, linear regression for normally distributed data or the Mann-Kendall test with Sen’s Slope for non-parametric data. The analysis will also include evaluation of the influence of the Pacific Decadal Oscillation (PDO) and El Nino Southern Oscillation (ENSO) climate cycles on water yield. Task 1 will include consolidating the City’s separate in house monthly reports into continuous time series. The draft results of Task 1will be presented in a virtual meeting prior to beginning documentation under Task 4. TASK 2. Climate Change Impact Assessment(60 hrs, $14,000) Aspect will conduct a climate change impact assessment to include: Compiling the best available science for hydrologic change in the central Kitsap peninsula, anticipated to rely on the work of the University of Washington’s Climate Impacts Group. Usedownscaled results from a host of global climate models (GCMs) to identify the consensus estimate and range of the GCM predictions of potential changes in precipitation, temperature, and evaporation for the Union River watershed over time. Providea semi-quantitative analysis of potential effects of climate change on water quantity, including the amount of excess water available for diversion and/or storage to supplement summer flows,and a qualitative analysis of potential effects on water quality. Provide a qualitative analysis of the potential effects of climate change on water quality that considers water temperature, and factors affecting drinking water quality reservoirs, including primary productivity, dissolved oxygen, macrophyte growth, and taste and odor concerns. The draft results of Task 2will be presented in a virtual meeting prior to beginning documentation under Task 4. TASK 3. Firm Yield Calculation(70 hrs, $15,900) Aspect will conduct a firm yield analysis using the Sequent Peakanalytical technique, which allows for seasonally varying water supply demand. Firm yield estimates will be developed for multiple scenarios, including: Current climate, represented by existing hydrologic data Page 10of 14 Bremerton/Aspect Consulting, LLC Union River Supply Firm Yield Analysis Rev. 09/2021 Future climate, represented by the existing hydrologic data projected continuing any identified trends Future climate, based on climate change model projections. Up to 2 other scenarios (e.g., variations on seasonal demand patterns) to be developed with the City. Prior to conducting the firm yield analysis we will meet with the City to agree on the scenarios to be evaluated. The City’s Minimum Desired Reservoir Level Curve will be recalculated to optimize refill consistent with the firm yield analyses. The draft results of Task 3will be presented in a virtual meeting prior to beginning documentation under Task 4. OPTIONAL TASK 3B.Develop Systems Model(80 hrs, $21,400) At the City’s optionbased on the results of prior analyses, Aspect will develop a systems model for the Union River to develop better firm yield estimates. The systems model will be developed in Microsoft Excel and will simulate the water balance of the Union River watershed, including the following components: Inflow to CasadReservoir Precipitation on the Reservoir Evaporation from the Reservoir Other losses and gains in the Reservoir (e.g., seepage to/from groundwater) Inflows to the main stem and West Branch Water supply demand Instream flow requirements Other water diversions (e.g., TwinLakes). The systems model will be completed on a monthly time stepand include the maximum number of water years with adequate available data (anticipated to be 1956 to present). Operations of Casad Reservoir will be simulated usinga rule curvethat the user can specify and modify. The systems model will be structured with a user interface sheet to allow the user to select different rule curves, climate change scenariosand water supply demand patterns. Firm yield will be calculated through iteration –by running the systems model with increasing water supply demand quantities until the storage volume in the reservoir is inadequate to meet demand. Task 3B also includes the incremental additional cost, relative to Task 3, of documenting the systems model development in the final deliverable. The systems model will be used to developfirm yield estimates for the same scenarios identified in Task 3. Page 11of 14 Bremerton/Aspect Consulting, LLC Union River Supply Firm Yield Analysis Rev. 09/2021 TASK 4.Deliverables(100 hrs, $23,200) Under Task 4, Aspect will prepare threeprimary deliverables: A project report detailing results of Tasks 1, 2, 3 and optional Task 3B, if selected. An updated version of the City’s firm yield flow estimator spreadsheet, incorporating the relevant results of Tasks 1, 2, 3 and optional Task 3B, if selected. A User’s Guide for the updated firm yield flow estimator spreadsheets Aspect will also conduct a training session with key City staff to introduce the updates to the firm yield flow estimator spreadsheet and provide hands-on training in its use. An annotated outline of the project report and User’s guide will be developed for City review and comment followed by a draft report and User’s guide. Comments on the drafts will be incorporated in a final version, delivered as a PDF. Page 12of 14 Bremerton/Aspect Consulting, LLC Union River Supply Firm Yield Analysis Rev. 09/2021 EXHIBIT B WORK SCHEDULE Estimated Notice to Proceed: March 3, 2022 Task 1 Completion: April 15, 2022 Task 2 Completion: May 15, 2022 Task 3 Completion: July 15, 2022 Task 3B Completion: August 15, 2022 Task 4 Completion: October 1, 2022or November 1, 2022 if Task 3B is included. Page 13of 14 Bremerton/Aspect Consulting, LLC Union River Supply Firm Yield Analysis Rev. 09/2021 EXHIBIT C FEE SCHEDULE Page 14of 14 Bremerton/Aspect Consulting, LLC Union River Supply Firm Yield Analysis Rev. 09/2021 AGENDA BILL CITY OF BREMERTON A3 CITY COUNCIL SUBJECT: Study Session Date: February 23, 2022 Goods and Services Agreement with COUNCIL MEETING Date: March 2, 2022 Petrocard, Inc. for the Purchase of Gasoline, Department: PW&U Related Products, and Fuel Supply Services Presenter: Chris Mottner Phone: (360) 473-2316 SUMMARY: The City has a long-standing contract with PetroCard, formerly Masco Fuel, for purchase of fuel for City vehicles and equipment both at its dispensing facility on Auto Center Way, On October 9th, 2020 the City issued a Request for Proposals for Fuels and Dispensing Facility Services, as the existing contract was nearing its termination date. The City received only one submittal from our RFP and in this market there are only two vendors servicing the area with fleet cards: PetroCard and APP. To ensure the proposed fuel rates are reasonable, staff compared them against the contract rates in the Department of Enterprise Services Fuels: Gasoline, Diesel, and Renewables contract number 08271; that comparison is attached. ATTACHMENTS: 1) Goods and Services Agreement with PetroCard, Inc.; 2) Price Comparison FISCAL IMPACTS (Include Budgeted Amount): INCLUDED IN 2022 BUDGET 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 PetroCard, Inc., for the purchase of gasoline, related products and fuel supply 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 11/09/2021 GOODS AND SERVICES AGREEMENT BETWEEN THE CITY OF BREMERTON AND PETROCARD, INC. FOR THE PURCHASE OF GASOLINE, RELATED PRODUCTS AND FUEL SUPPLY SERVICES THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and PetroCard, Inc. ("Vendor"), whose mailing address is: 730 Central Avenue S. Kent, WA 98032; for the purpose of providing an on-going replenishment of the City's gasoline, diesel, and fluids and for delivered fuels and incidental services associated therewith. The parties agree as follows: SECTION 1. DEFINITIONS. (a) "Bulk Delivery" means a delivery of dispensed fuels or lubricants made to the City's tanks at tank locations described in Section 4.5 and other sites within the City of Bremerton as requested by the City. (b) "Bulk Delivery Fee" means the additional fee or charge for fuel on a per gallon basis added to the fuel fee for deliveries to the City's tank locations described in Section 4.5 and other sites within the City of Bremerton. (c) Consent certification, quota, consent, permit, license, qualification, filing, exemption, certificate or permission and any such other matter or authorization whatsoever, including any condition thereof, that is lawfully and necessarily required from any competent authority in connection with the supply. (d) Deliverye completion of delivery of the Products ordered in a particular Order. (e) Delivery Date 2.1. (f) Delivery Location ascribed to such term in Section 2.1. (g) Effective Date3. (h) "Emergency Delivery" means a Bulk Delivery or delivery of lubricants to meet the needs of the City during a catastrophic event that does not allow the City to utilize usual means of accessing the network fuel supply or bulk fuel supply and requires delivery within 24 hours of the request. (i) y has the meaning ascribed to such term in Section 4.7 (j) "Routine Delivery" means a scheduled delivery to a location within the City of Bremerton as further defined in Section 2.2. (k) "Non-Routine Delivery" means a non-scheduled, non-emergency delivery within the City of Bremerton and should be responded to within 48 hours of the time of the request. (l) Non-Routine Delivery Fee has the meaning ascribed to that term in Section 4.5. (m) "Order" means an order for Products submitted by the City in accordance with Section Page 1 of 14 Goods and Services Agreement Rev. 06/2020 2.1 Order SECTION 2. VENDOR SERVICES. All work and supplies provided for under this Agreement shall be in accordance with the Technical Specifications for Gasoline and Diesel Fuels Dispensing Facility Services RFP, as issued in Addendum No. 3 to the RFP, a copy of which is attached hereto as Exhibit I. Vendors shall provide and bear expense of all equipment, tools, materials and labor of any sort whatsoever that may be required for the performance of services and supply delivery provided for in this Agreement and every part thereof, except such as are mentioned in the specifications to be furnished by the City. The Vendor agrees that all work and supplies will conform to the following terms: 2.1 Orders. The City may submit Orders to the Vendor from time to time during the term of effectiveness of this Agreement. Each Order shall: (i) be given in writing; (ii) refer to this Agreement; (iii) specify the Products ordered and the quantities thereof; and (iv) specify the date by which the Products ordered pursuant to the Order are to be delivered (thDelivery Date Delivery Location 2.2 Routine Deliveries. Unless otherwise indicated, Routine Deliveries are to be scheduled during normal working hours and the Vendor is to guarantee Order fulfillment of not more than two (2) calendar days after receipt of an Order. 2.3 Additions. The City reserves the right to add Bulk Delivery sites not identified in the price worksheet, provided the new sites are within the City of Bremerton. The Vendor's already established fee for fuel will be used to calculate the fuel price and the Bulk Delivery Fee will be added thereto for new Routine Deliveries. 2.4 Bulk Non-Routine Delivery Fee. In addition to the fuel cost and the Bulk Deliver Fee, each Bulk Delivery that is non-routine and is under 100 gallons is entitled to a Non-Routine Delivery Fee. For Orders over 100 gallons, the Non-Routine Delivery Fee is waived. A delivery to two (2) or more tanks will only incur one Non-Routine Delivery Fee if the tanks to be fueled are within one (1) mile of each other. The gallons delivered to those tanks within one (1) mile of each other will be combined to determine if a Non-Routine Delivery Fee is required. 2.5 Default Delivery. In the event that the Vendor fails to fulfill delivery terms, the City may purchase fuel from another company/supplier and the Vendor will be responsible for paying any Additional Costs as defined in Section 4.8. The reasons set forth in Section 6 shall be grounds for termination of the Agreement and the recovery of damages which shall be limited to any increase in fuel costs experienced by the City. 2.6 Emergency Delivery and Supply Requirements. a. An Emergency Delivery request (as opposed to a Routine or Non-Routine Delivery) is to be delivered within 12 to 24 hours of request. In addition to the fuel cost and the Bulk Deliver Fee, Page 2 of 14 Goods and Services Agreement Rev. 06/2020 each Emergency Delivery is subject to an Emergency Delivery Fee. A delivery to two (2) or more tanks will only incur one Emergency Delivery Feeif the tanks to be fueled are within one (1) mile of each other. b. Vendor shall agree that a twenty-four (24) hour emergency telephone number will be posted and clearly visible on the pumps or at another appropriate on-site location with instructions as to how to contact the Vendor to report emergencies or service failure. Vendor shall provide an oral response to a call about an Emergency Delivery within two (2) hours from the time the call is placed, and Vendor will use its best efforts to deliver the requested fuel within 24 hours. c. Vendor agrees to provide the City with an uninterrupted source of fuels in the event of emergencies caused wholly or in part by embargoes, civil unrest, national emergency, acts of nature or re-implementation of allocations . Vendor shall use its best efforts to respond to a request for an Emergency Delivery as the result of a Catastrophic Event within 12 to 24 hours of the time of the request. d. The Vendor shall provide and demonstrate emergency power generation by installing a generator ( in accordance with all federal, state and local laws and provide uninterrupted service, to ensure the continued operation of pumps and accounting systems in the event of a Catastrophic Event that disrupts normal operation of the fueling facility, which Generator shall be ready no later than one year from the Effective Date of this Agreement. The Generator should have automatic start capabilities that are not dependent upon approvals. 2.7 Product Supply Requirements. Vendor shall maintain a 24 hour, 365-day access to fuel products. Vendor shall use its best efforts to provide the City with allocations and availability of fuels not less than one hundred percent (100%) of fuels purchased during the past full year of service by the City, with the required delivery each month to be limited to the monthly average. In the event of an unplanned outage, Vendor shall use its best efforts to resume operations as soon as possible. In the event of a planned outage, Vendor will provide at least 48-hours prior notice in advance of the planned outage so as to redirect the City to a nearby location for fueling. During any planned outage, the City will waive its requirement regarding the location of fueling stations as set forth under Section 4.6. SECTION 3. TIME OF COMPLETION. Services shall start April 1, 2022 and shall end December 31, 2025. The parties may agree to three (3) one-year extensions by both parties signing a letter of extension prior to each one-year extension. Request for extension must be received at least 120 days prior to the expiration of the agreement and written agreement should be provided no later than 30 days prior to contract expiration. The prices set forth in this Agreement shall be fixed for the term of the Agreement and for any extension term. SECTION 4. COMPENSATION. 4.1 Cark Lock Purchases. a. As part of the Agreement, Vendor shall be providing the City with fuel cards for its vehicles for the purpose of making the purchase of fuel more secure and for monitoring the fuel utilization of each vehicle. In accordance with the foregoing: Page 3 of 14 Goods and Services Agreement Rev. 06/2020 i. Each City vehicle will have its own assigned fuel card that corresponds with the vehicle numbering system used by the City. ii. Each City operator will be issued a unique Personal Identification Number (PIN) by the Vendor in a four (4) digit numerical format. b. The issuance of fuel cards shall occur within thirty (30) days of the Effective Date and shall be at no cost to the City. The City will advise the Vendor when new or replacement cards/PIN numbers are required. c. Vehicle cards and/or PIN numbers will be provided within seven (7) calendar days following the request from the City. d. Vendor will provide online card management and account access 4.2 Cardlock Fees at Vendor-Owned Card Lock Locations. The City agrees to pay the Vendor the following fees per gallon in addition to the Daily Tacoma OPIS contract average rack price per gallon for the following products purchased at the Vendor-owned card lock locations: Diesel Fuel $0.1025 per Gallon Unleaded $0.1075 per Gallon 4.3 Cardlock Fees at Out-of-Network Locations. For any out-of-network (non-Vendor owned) locations that are not part of the network, the prices shall include freight charges, and a site fee. The price for the products (which includes such freight charges and site fees) shall be: Diesel Fuel Network Location Transfer Price + $0.1025 per Gallon Unleaded Network Location Transfer Price + $0.1075 per Gallon 4.4 Winter Additive. In addition to the per gallon prices as set forth in this Section 4, at there may be a per gallon charge for Winter Additive during the months of November on weather conditions. 4.5 Lubricants. For any lubricant purchases, Vendor shall sell such lubricants at 20% discount off retail list price and each lubricant delivery shall be to City of Bremerton Equipment Service Division at: City of Bremerton Public Works & Utilities 104 Oyster Bay Ave. N. Bremerton, WA 98312 There shall be no fee for deliveries of Lubricants unless those deliveries are made on an emergency basis Page 4 of 14 Goods and Services Agreement Rev. 06/2020 and then an Emergency Delivery Fee shall be charged. 4.6 Routine and Non-Routine Bulk Delivery. a. Routine Delivery. The City agrees to pay Vendor the Daily Tacoma OPIS contract average rack price plus $0.30 cents per gallon bulk delivery fee for Routine Delivery to the City's three fire department stations listed below as well as requested on-site Delivery Locations within the City of Bremerton when those deliveries are Routine Deliveries (as opposed to Non-Routine Deliveries and Emergency Deliveries): Station 1 911 Park Avenue, Bremerton, WA 98337; Station 2 5005 Kitsap Way, Bremerton, WA 98312; Station 3 3031 Olympus, Bremerton, WA 98310; b. Non-Routine Delivery. For Non-Routine Deliveries (on a non-emergency basis) of all volumes, the City agrees to pay Vendor the Daily Tacoma OPIS contract average rack price plus the Bulk Delivery Fee of $0.30, and for those Non-Routine Deliveries (on a non-emergency basis) that are under 100 gallons, the City agrees to also pay Vendor a $100 delivery fee Non-Routine in addition to the other amounts due under this Section 4.6, except in those instances when the assessment of multiple Non-Routine Delivery Fee charges is limited as provided in Section 2.4. 4.7 Emergency Delivery. For Emergency Deliveries as defined in Section 1, in addition to the amounts due under Section 4.6 (excluding the Non-Routine Delivery Fee), the Price for Emergency Deliveries shall include a $150 per deliverper Delivery Location, except in those instances when the assessment of multiple Emergency Deliver Fee charges is limited as provided in Section 2.6. 4.8 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 over what the City would have paid Vendor for the same service. "Additional Costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the price the City would have paid Vendor for the same services as detailed in this Section 4. The City further reserves its right to deduct the Additional Cost from any and all amounts due or to become due the Vendor. 4.9 Procedures for Invoicing. a. Invoices shall be sent to the contract point of contact no less than 48 hours after each Bulk Delivery. For Card Lock purchases, Vendor shall submit monthly invoices in a format that includes: billing period dates, invoice number, date and time of each purchase, vehicle number, driver name, product, gallons delivered by grade, price per gallon by grade plus margin per gallon, appropriate tax, and extended price. b. Invoices shall also be accompanied by all supporting documentation needed to readily verify Page 5 of 14 Goods and Services Agreement Rev. 06/2020 that contract prices have been correctly calculated and delivery terms have been met. The City of Bremerton will accept and pay invoices monthlywithin ten (10) days of receipt. 4.10 Reporting. Vendor products supplied to the City shall be made available, upon request of the City, for auditing anytime during the term of this Agreement. The Vendor, upon request by the City, will supply the City with the following: (a) specifications and name brands of the supplied items; and (b) a copy of the meter ticket or bill of lading as applicable; and (c) a copy of the record of before and after delivery stick level readings; and (d) a copy of the delivery receipt signed by appropriate City staff. Vendor shall maintain a which shall comply with the following minimum standards acceptable to the City and shall be available upon the request of the Equipment Services Division: (x) Capable of creating reports requested by the City in a variety of formats, including but not limited to: by v utilize 4 to 6 digits); by operator/driver; by date and time of purchase; by location of purchase; by type and quantity of fuel; and (y) Available in a management system; and (z) fueling receipts shall be posted in dated order for each vehicle and include all information shown in (y) above. SECTION 5. 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 officers, 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. SECTION 6. TERMINATION. 6.1 Subject to the following sentence, the City may terminate this Agreement for Good Cause. Except in the case of Section 6.1(E), the City shall notify Vendor in writing of any of the following failures on the part of the Vendor and give Vendor no less than seven (7) days to correct the failure. If Vendor corrects the failure to the satisfaction of the City within the time set forth, it shall continue to perform the Agreement, and if it does not, then the City may terminate. "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 repeated failure to complete Bulk Deliveries under this Agreement within the time specified in this Agreement. Page 6 of 14 Goods and Services Agreement Rev. 06/2020 c. The Vendor's failure to make full and prompt payment to subcontractors or for material or labor. d. The Vendor's failure to complywith 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. 6.2 Right to Terminate Early. The City or Vendor may terminate the Agreement, without cost or penalties, at any time during the Term upon giving 120-day prior written notice of termination. SECTION 7. 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 any 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: 7.1Procedure 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: a.Immediately give a signed written notice of protest to the City; b. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: i. The date of the Vendor's protest. ii. The nature and circumstancesthat caused the protest. iii.The provisions in this Agreement that support the protest. iv.The estimated dollar cost, if any, of the protested work and how that estimate was determined. v.An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. Page 7of 14 Goods and Services Agreement Rev. 06/2020 c. 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 Vendor'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. 7.2 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. 7.3 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 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. 7.4 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). 7.5 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). SECTION 8. 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 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. 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 Agreement work is complete. SECTION 9. WARRANTY. The Vendor 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 from the date such correction is completed Page 8 of 14 Goods and Services Agreement Rev. 06/2020 and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. SECTION 10. 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 bligation to indemnify shall not extend to that portion of damages caused and gross misconduct. 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 and/or gross misconduct. 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 INDEMNIFICATION LIABILITY TO ITS EMPLOYEES. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. SECTION 11. 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. 11.1 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. Page 9 of 14 Goods and Services Agreement Rev. 06/2020 D.Professional Liabilityinsurance with limits no less than $1,000,000 limit per occurrence/claim. E. 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. 11.2 Any payment of deductible or self-insured retention shall be the sole responsibility of the Vendor. 11.3 liability insurance (if - 11.4 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. 11.5 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. 11.6 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 k Manager by fax at (360) 473-5161, or by certified mail, return receipt requested th to City of Bremerton, Attn: Risk Management, 345 6 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. 11.7 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. SECTION 12. GENERAL TERMS. 12.1 Licenses, Permits and Taxes. Vendor shall possess a current Bremerton Business License and any regulatory license required to fulfill Vendor's obligations under this Agreement, local law, Washington State, Federal Requirement. 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. 12.2 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 Page 10 of 14 Goods and Services Agreement Rev. 06/2020 3. Specifications - Scope of Work 4.Terms and Conditions 5. Proposal 12.3 Documents Incorporated by Reference. The following documents are incorporated by reference, including but not limited to: 1. Terms and Conditions, 2. Specifications Scope of Work, 3. Proposal 12.4 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. 12.5 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. 12.6 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. 12.7 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. 12.8 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. 12.9 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. 1. Spill response: The vendor is solely responsible for any and all spills, leaks, or releases, which occur as a result of, or are contributed to by, the action of its agents, employees, or subcontractors. Therefore, the contractor shall take all measures as required by law to prevent fuel spills, (which includes but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping into or onto any land or water. In the event of a fuel spill, leak or release, the contractor shall be responsible for the required notifications, containment, clean up, and disposal of the oil spilled and agree to take the following actions: a. If warranted, evacuate and warn those persons that may be affected by the Page 11 of 14 Goods and Services Agreement Rev. 06/2020 spill; b. Immediately contact the appropriate Emergency Response Agencies as required; c. Clean-up the spill in a manner that complies with federal, state and local laws, regulations, rules and standards; and d. For spills that occur other than on a City's owned or leased property, provide all notifications and reports as specified by federal, state and local laws, regulations, rules, standards and permits. Notwithstanding the foregoing, the City agrees that Vendor is not responsible for the maintenance of the maintenance oversights/failures or tank failures/defects. 2. Environmental considerations. Vendor shall comply with all environmental regulations relevant to the contracted service provided. 12.10 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. 12.11 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 9 of this Agreement. 12.12 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 the address stated in this Agreement. Notices to be sent to: Notices to be sent to: CITY OF BREMERTON VENDOR: Attn: Chuck Ernst Attn: Aaron Reding City of Bremerton PetroCard, Inc. th 345 6 Street, Suite 100 730 Central Ave S. Bremerton, WA 98337-1891 Kent, WA 98032 Charles.Ernst@ci.bremerton.wa.us areding@petrocard.com 12.13 Assignment. Any assignment of this Agreement by the Vendor without the written Consent of the City shall be void. 12.14 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. Page 12 of 14 Goods and Services Agreement Rev. 06/2020 12.15 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. 12.16 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. 12.17 Non-Exclusive. The City is not bound to treat the supplier as its exclusive supplier of any products. The City shall be entitled, in its sole discretion, to purchase products of the same type as, or similar to, the products, from any supplier at any time. 12.18 Purchasing Cooperatives. Any entity with an active purchasing cooperative agreement with the City of Bremerton shall be allowed to participate in this agreement during the life of the contract, even if it is not listed amongst the solicitation participants. While this clause in no way contractor, nor does it guarantee any additional orders will result, it does allow entities, at their their own procurement guidelines) and purchase directly from the awarded contractor. All purchases made by other entities shall be understood to be transactions between that entity and the awarded vendor; the City of Bremerton shall not be responsible for any such purchases. Any agreements made under this contract award should reference the contract number in purchase orders and invoicing. \[This section intentionally blank. Signatures on following page.\] Page 13 of 14 Goods and Services Agreement Rev. 06/2020 IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: VENDOR: City of Bremerton PetroCard, Inc. By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk Page 14 of 14 Goods and Services Agreement Rev. 06/2020 EXHIBIT A - REVISED TECHNICAL SPECIFICATIONS FOR GASOLINE AND DIESEL FUELS & DISPENSING FACILITY SERVICES This Exhibit A replaces any previously issued Technical Specifications issued. The City of Bremerton operates a fleet of approximately 300 vehicles using the following fuels: Diesel 100 Unleaded Gasoline 250 Experienced annual consumption in gallons: Diesel 60,000 Unleaded Gasoline 101,000 Consumption figures are rounded but are within 10% of 2019 actuals. These numbers are given for estimating purposes only. They do not represent guaranteed or implied quantities or order for fuels. The “mix” of use is presented for estimating purposes only. Octane ratings are/shall be those commonly accepted as the industry standard prescribed by the vehicle manufacturers. A.PRICING AND BASIS OF BID AWARD The contract will be awarded for a three (3) year term beginning March 1, 2021. Thereafter, the City retains the option to extend the contract annually for up to three (3) additional one (1) year terms. Bids will be received, and a contract awarded on an All or None basis. The contract will not be split between two or more Vendors. Bidder must bid and provide all fuel products listed. Products provided shall be priced at the average range of Oil Price Information Service (OPIS Daily Rack Price plus OPIS Multiplier) or Weekly PADD Report as of 10/5/2020 for the Seattle Area West Coast as published by the US energy Information Administration. Bidders will specify a firm, fixed margin above the average range price listed for our location, as reported in the applicable publication. Margins will be used for bid evaluation. The weekly per gallon price will be determined by adding the “margin price” (for each type of fuel) to the average listed OPIS PADD 5 Report for Seattle/Tacoma West Coast, published weekly, except for the last week in June and December. EXHIBIT A - REVISED Bids will be evaluated using the margin bid applied to experienced annual usage for all product combined. The lowest average overall margin, based on experience annual usage, will be used to determine award after considering City administrative expenses associated with each bidder’s service proposal. Margins shall be fixed for the term of this agreement including any contract extension periods. Vendor will be responsible for all set-up and materials costs for initializing the system for City use, including required vehicle cards and driver PIN numbers B.FUELING FACILITIES Shall supply all City card-holders with the following fuel types on demand: Diesel 100 Unleaded 250 Biodiesel, if available, shall have a maximum blend of 20%. The dispensing facility for all commodities included herein shall be within five (5) minute drive, unhindered by traffic, of the City of Bremerton Equipment Services Maintenance facility located at 100 Oyster Bay Ave. N. Bremerton. C.CARD LOCK SYSTEM The following specifications pertain to the “Card Lock” system and represent the minimum standards acceptable to the City. 1.For security reasons it is desirable to utilize a one (1) card system with the following specifications. i.Each listed vehicle will have its own assigned fuel card that corresponds with the vehicle numbering system used by the City of Bremerton. ii.Each listed operator will be issued a unique Personal Identification Number (PIN) to be issued by the Vendor in a four (4) digit numerical format. 2.Equipment Services will advise the Vendor when new or replacement cards/PIN numbers are required. 3.Vehicle cards and/or PIN numbers will be provided within seven (7) calendar days following the request from Equipment Services Division. 4.Vendor should provide online card management and account access 5.Pricing must include setup/installation and new cards and break out annual reoccurring costs, one-time set-up, and warranty fees. Systems should be a cloud-based server housed in the continuous United States and include guarantee that data transmission shall not be released without proper public EXHIBIT A - REVISED notification requirements. Vendor shall allow the City to determine the length of data storage. Card issuance shall be within 30 days of contract award and will be no cost. If internet connectivity is disrupted, back-up service shall be made available maintaining continuous connectivity. 6.Card reads at each deliver site shall be supplied by the following: Fire station 1: 2 tanks with one card reader- 1 diesel and 1 unleaded Fire station 2: 1 tank and one card reader- diesel Fire station 3: 1 tank and one card reader- diesel D.REPORTING The following specifications pertain to the “Reporting” system and represent the minimum standards acceptable to the City. All reports will be submitted to the Equipment Services Division. The reporting system shall have the capability to produce reports requested by the City in a variety of formats, including but not limited to: By vehicle: Vehicle numbering must match the City’s vehicle numbering system utilizing 4 to 6 digits (example 1425 or 111425). By operator/driver By date and time of purchase By location of purchase By type and quantity of fuel Monthly reports and statements shall be in electronic format which can easily be inputted into the City of Bremerton’s asset management system. The City of Bremerton will accept and pay invoices monthly. The City does not pay from statements. Vendor shall submit monthly billing in a format that includes: Billing period dates Invoice number Date and time of purchase Vehicle number Driver name EXHIBIT A - REVISED Odometer reading Product Gallons delivered by grade Price per gallon by grade Plus margin per gallon Appropriate tax Extended price All fueling receipts shall be posted in dated order for each vehicle and include all information shown in 3 above. E.SERVICE AND ACCESS - required response items and are part of the scoring The following specification pertains to hours and conditions of service and access and are predicated on the City’s need to respond to the emergency needs of its citizens regardless of hour, day, weather conditions and other acts of nature. Access of fueling services shall be twenty-four (24) hours per day, seven (7) days per week including holidays. A twenty-four (24) hour emergency telephone number will be posted and clearly visible on the pumps or at another appropriate on-site location with instructions as to how to contact the Vendor to report emergencies or service failure. Vendor will provide twenty- four (24) hour repair service coverage. Service response will be no longer than two (2) hours from the time the call is placed. Vendor agrees to provide the City with an uninterrupted source of fuels in the event of emergencies caused wholly or in part by embargoes, civil unrest, national emergency, acts of nature or re-implementation of allocations. The Vendor shall provide and demonstrate emergency power generation in accordance with all federal, state and local laws and provide uninterrupted service, to ensure the continued operation of pumps and accounting systems in the event of a natural or catastrophic event that disrupts normal operation of the fueling facility. The availability of this generator shall be at minimum within the first year of this contract. The Generator should have automatic start capabilities that are not dependent upon approvals. a.In event of catastrophic damage to the fueling station, vendor will provide portable on-site fuel delivery within 12-24 of time of request. b.Requests for non-scheduled delivery to on-site tanks should be responded to within 12-24 hours of time of request. EXHIBIT A - REVISED Requests for various on-site delivery will be made within 12-24 hours of time of request. Allocations and availability of fuels shall not be less than one hundred percent (100%) of fuels purchased during the past full year with delivery available on a monthly average basis. Preference may be given to firms offering card lock services throughout Western Washington. Availability of interstate services is desirable. F.BULK FUEL DELIVERY The City of Bremerton owns and maintains four (4) above ground bulk fuel tanks located at each of the Fire Stations within the city. This fuel delivery shall be made part of this bid and the bid will show price of each fuel by gallon to include the standard margin and the delivery cost (per gallon). Delivery locations are included below: a.Station 1- 911 Park Ave. 1.Bremerton, WA b.Station 2- 5005 Kitsap Way 1.Bremerton, WA c.Station 3- 3031 Olympus 1.Bremerton, WA G.BULK LUBRICANT DELIVERY Vendor shall supply bulk lubricants at a minimum discount of 20% Margin off list price. This bulk lubricant delivery shall be made part of this bid and the bid will show the price of each lubricant by gallon and the delivery cost (per gallon). Delivery location shall be at the City of Bremerton Equipment ServiceDivision at: City of Bremerton Public Works & Utilities 104 Oyster Bay Ave. N. Bremerton, WA 98312 Price Annual of allon g Price Delivery Price per 10/5/2020 or (i.e. 2 hours) Soonest delivery response for will call emergency arrival time as on price OPIS REVISED Margin listed for - per gall aily or PADD above/below of 10/5/2020 Average D West Coast 5 Report with eporting Section B R of Exhibit A compliance PRICE SCHEDULE - e EXHIBIT B Method IN/Vehicl Described PAssignment e x OPIS and Lubricant Description ype 2 ΛhtL{ wğĭƉ ƦƩźĭĻ ǣ htL{ Μ ) t (OPIS Rack pric ΛhtL{ wğĭƉ ƦƩźĭĻ ǣ htL{ uel \[ƚĭƉ {ǤƭƷĻƒ ulk F {ǤƭƷĻƒ {ĻƷǒƦ5źĻƭĻƌƒǒƌƷźƦƌźĻƩ Biodieselmultiplier ƓƌĻğķĻķƒǒƌƷźƦƌźĻƩΜ Bulk Fuel and Lubricant DeliveryBDelivery 9ƒĻƩŭĻƓĭǤ CǒĻƌ ğƓķ \[ǒĬƩźĭğƓƷ 5ĻƌźǝĻƩǤ ğƓķ {ĻƩǝźĭĻ /ğƩķ Њ 234567 6 a No. Item CĻĻƭCĻĻƭ ŭğƌƌƚƓŭğƌƌƚƓ tƩźĭźƓŭ ƦĻƩƦĻƩ 5ĻƌźǝĻƩǤ5ĻƌźǝĻƩǤ υЉ͵ЉЉυЉ͵ЌЉυЉ͵ЉЉυЉ͵ЌЉυЉ͵ЉЉυЉ͵ЉЉυЉ͵ЉЉυЉ͵ЌЉυЉ͵ЉЉυЉ͵ЌЉυЉ͵ЉЉυЊЉЉ͵ЉЉ tĻƷƩƚĭğƩķ ŭğƌƌƚƓƒğƩŭźƓŭğƌƌƚƓƒğƩŭźƓ ağƩŭźƓ.ǒƌƉağƩŭźƓ.ǒƌƉ ƦĻƩƦĻƩ .ƩĻƒĻƩƷƚƓ њυЉ͵ЉЉυЊЎЉ͵ЉЉ ƚŅ CĻĻ gallons 100 5ĻƌźǝĻƩǤ /źƷǤ under If ŭğƌƌƚƓƒğƩŭźƓ$200.00 ŭğƌƌƚƓƒğƩŭźƓ υЋЎЉ͵ЉЉ.ǒƌƉ ƦĻƩƦĻƩ $0.00$0.18 ЉБАЋЊ $1,150.00$1,250.00$200.00 ŭğƌƌƚƓƒğƩŭźƓŭğƌƌƚƓƒğƩŭźƓ ƦĻƩƦĻƩ ƒğƩŭźƓƒğƩŭźƓ milesmiles ĭƚƓƷƩğĭƷ delivery$100.00$250.00delivery$100.00 allall feefee milemile 9898 tƩźĭźƓŭ 59{ 6666 wĻŭźƚƓ B10$0.00$0.18 5ĻƌźǝĻƩǤY.{ĭƚƚƷĻƩWtĻƷƩƚĭğƩķ and B5, wƚǒƷźƓĻ Ǥ .ǒƌƉY.{ĭƚƚƷĻƩWtĻƷƩƚĭğƩķ B10$0.00$0.18 /Dyed, bƚƓ 5ĻƌźǝĻƩ and Types$0.00$0.18 Clear .ǒƌƉ 2 B5, {ƷğƷźƚƓƭ All #2, and wƚǒƷźƓĻ CźƩĻ CźĻƌķ #1#1, Types 5ĻƌźǝĻƩǤ ƷŷĻ ƷŷĻ bƚƓ All ğƷźƓ ULSDULSD CǒƌƌhƌǤƒƦźĭ /ğƌƌ YĻĻƦCǒĻƌźƓŭ GasolineUnleadedDieselDeliveryDrop‘źƌƌCǒĻƌźƓŭ GasolineDieselDeliveryDrop 9ƒĻƩŭĻƓĭǤ AGENDA BILL CITY OF BREMERTON A4 CITY COUNCIL SUBJECT: Ordinance No. adding Study Session Date: February 23, 2022 Subsection 7.15.010(cc) of the Bremerton COUNCIL MEETING Date: March 2, 2022 Municipal Code (BMC) Department: City Attorney Presenter: Kylie Finnell Phone: (360) 473-2345 SUMMARY: pertaining to animal cruelty cases in the City of Bremerton. ATTACHMENTS: 1) Ordinance No. ______ 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 Ordinance No. _______ adding Subsection 7.15.010(cc) to the Bremerton Municipal COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 ORDINANCE NO. ________ AN ORDINANCEof the City Council of the City of Bremerton, Washington,adding Bremerton Municipal Code subsection 7.15.010(cc) entitled “Failure to Provide Adequate Care.” WHEREAS, the City Council is concerned about the welfare of its citizens and animals;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1.Subsection 7.15.010(cc) of the Bremerton Municipal Code entitled “Failure to Provide Adequate Care” is hereby added to read as follows: (cc)Failure to Provide Adequate Care. For any owner of a pet or livestock to fail to: (1)Provide adequate food and water for any pet or livestock, as defined in Section7.04.020(a); (2)Provide adequate shelter for any pet or livestock, as defined in Section 7.04.020(b), except as may be appropriate for short term medical requirements or generally accepted livestock husbandry practices suchas swine farrowing: (3)Provide appropriate habitat and medical care; or (4)Maintain facilities housing pets in a healthful, sanitary, and safe manner. SECTION 2.Corrections.The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, butnot limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 3.Severability.If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity ofthe remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4.Effective Date.This ordinance shall take effect and be inforce ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ____________________, 20___. MICHAEL GOODNOW, Council President Page 1of2 City Ordinance Form BMC 7.15.010(cc) Rev. 09/2021 Failure to Provide Adequate Care Approved this ________ day of ________________________, 20___. _________________________________ GREG WHEELER, Mayor ATTEST:APPROVED AS TO FORM: ___________________________________________________________________ ANGELA HOOVER,City ClerkKYLIE J. FINNELL,City Attorney PUBLISHED the________ day of ______________________, 20__. EFFECTIVE the________ day of ______________________, 20__. ORDINANCE NO. ________. R:\\Legal\\Legal\\Ordinances\\Legal\\2022.01.20 Ordinance -BMC 7.15.010 -Adequate Care.docx Page 2of2 City Ordinance Form BMC 7.15.010(cc) Rev. 09/2021 Failure to Provide Adequate Care AGENDA BILL CITY OF BREMERTON A5 CITY COUNCIL SUBJECT: Study Session Date: February 23, 2022 Public Works Emergency Response COUNCIL MEETING Date: March 2, 2022 Assistance Mutual Aid Agreement Department: Public Works & Utilities (Emergency Proclamation) Presenter: Dave Carter Phone: (360) 473-5333 SUMMARY: WSDOT recently updated its Mutual Aid Agreement and in doing so separated Emergency Proclamation Mutual Aid (under 38.53 RCW) from Local Agency Mutual aid that is not by between all Government Agencies (local, county, tribal or state) that have executed the agreement to provide assistance in the event of an emergency or disaster. This agreement supersedes and replaces the existing agreement that was executed in 1997 ATTACHMENTS: 1) GCB 3187 (Emergency Proclamation) Public Works Emergency Response Assistance Mutual Aid Agreement; 2) Contract #3862 (1997 Public Works Mutual Aid Agreement that is superseded) FISCAL IMPACTS (Include Budgeted Amount): No fiscal impacts unless assistance is requested. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Public Works Emergency Response Assistance Mutual Aid Agreement; 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 11/09/2021 AGENDA BILL CITY OF BREMERTON A6 CITY COUNCIL SUBJECT: Study Session Date: February 23, 2022 Public Works Emergency Response COUNCIL MEETING Date: March 2, 2022 Assistance Mutual Aid Agreement Department: Public Works & Utilities (No Emergency Proclamation) Presenter: Dave Carter Phone: (360) 473-5333 SUMMARY: WSDOT recently updated its Mutual Aid Agreement and in doing so separated Emergency Proclamation Mutual Aid (under 38.53 RCW) from Local Agency Mutual aid that is not by is between all Government Agencies (local, county, tribal or state) that have executed the agreement to provide assistance in the event of a local emergency or disaster. This agreement supersedes and replace the existing agreement that was executed in 1997 ATTACHMENTS: 1) GCB 3207 (Local Agency Emergency Event NO PROCLAMATION) Public Works Emergency Response Assistance Mutual Aid Agreement; 2) Contract #3862 (1997 Public Works Mutual Aid Agreement that is superseded) FISCAL IMPACTS (Include Budgeted Amount): No fiscal impacts, agreement includes cost recovery provisions. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Public Works Emergency Response Assistance Mutual Aid Agreement; 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 11/09/2021 AGENDA BILL CITY OF BREMERTON A7 CITY COUNCIL SUBJECT: Goods and Services Agreement Study Session Date: February 23, 2022 with Centrisys-CNP for a Sole Source COUNCIL MEETING Date: March 2, 2022 Purchase of a Complete Rotating Assembly Department: PW&U/WWTP for the Wastewater Treatment Plant Presenter: Eric J. Burris Centrifuge Phone: (360) 473-5448 SUMMARY: process waste into dewatered biosolids. The WWTP currently has only one centrifuge. The purchase of a spare rotating assembly for the centrifuge would allow for continuity of operations when a rotating assembly has to be sent in for repairs/service purposes. WWTP staff would simply remove one assembly and send the other in for repairs/service with no interruption in solids processing, which is a critical component of wastewater treatment. Wastewater staff received a quote from Centrisys-CNP for a new rotating assembly in the amount of $253,643.00 including applicable tax and freight. ATTACHMENTS: 1) Centrisys GSA; 2) Quote #10856 Rev 2 from Centrisys-CNP; 3) Sole Source Justification; 4) Insurance FISCAL IMPACTS (Include Budgeted Amount): Funding is available for the rotating assembly through Fund 454. 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 Centrisys- CNP to purchase a centrifuge rotating assembly for $253,643.00 including applicable tax and freight; and authorize the Mayor to finalize and execute with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 GOODS AND SERVICES AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Centrisys CNP ("Vendor"), whose mailing address is:9586 th 58 Place, Kenosha, WI 53144, 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: Delivery and setup of the Centrisys CNP CS21 4 2Ph Rotating Assembly per Exhibit A. II. TIME OF COMPLETION. Vendor shall complete the work and provide all goods, materials and services within 18 weeks or 130 calendar days, whatever is longer from the date all parties have signed this Agreement and associated purchase orders. III. COMPENSATION. The City shall pay the Vendor the total amount of $253,643, two- hundred fifty-three thousand, six hundred forty-three dollars, including applicable Washington State Sales Tax, for the goods, materials and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: 30% deposit to cover freight and material delivery upon submission of order and remaining 70% upon arrival of equipment on site. 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. Page 1 of 8 Goods and Services Agreement Rev. 09/2021 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 . 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 any 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. Page 2 of 8 Goods and Services Agreement Rev. 09/2021 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 Vendor'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 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 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. Page 3 of 8 Goods and Services Agreement Rev. 09/2021 VIII. WARRANTY. The Vendor 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/repair or part/item shall extend for one year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. IX. 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 ion to indemnify shall not extend to that portion 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. X. 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: Page 4 of 8 Goods and Services Agreement Rev. 09/2021 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. liability insurance (- 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 -5161, or by certified th mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6 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. XI. 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, Page 5 of 8 Goods and Services Agreement Rev. 09/2021 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. 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. r & 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. Page 6 of 8 Goods and Services Agreement Rev. 09/2021 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 the address stated in this Agreement. Notices to be sent to: Notices to be sent to: CITY: VENDOR: Attn: Eric Burris Attn: John Feicht City of Bremerton Centrisys thth 345 6 Street, Suite 100 9586 58 Place Bremerton, WA 98337-1891 Kenosha, WI 53144 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. Page 7 of 8 Goods and Services Agreement Rev. 09/2021 CITY: VENDOR: City of Bremerton CENTRISYS CNP By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk R:\\Legal\\Legal\\Forms\\FORMS ON COBWEB\\Goods and Services Agreement Rev 09 2021.docx Page 8 of 8 Goods and Services Agreement Rev. 09/2021 ! ! ! ! Qvcmjd!Xpslt!boe!Vujmjujft!Efqbsunfou! 211!Pztufs!Cbz!Bwf/!O/!!!!!Csfnfsupo-!XB!!:9423!!!!)471*!584.6:31!!!!GBY!)471*!584.6471! ! ! ! EBUF;!!Kbovbsz!26-!3133! !! UP;!!Qspdvsfnfou!Gjmf! !!! GSPN;!!Fsjd!K/!Cvssjt-!XX!Nbobhfs! ! TVCKFDU;!Tpmf!Tpvsdf!Efufsnjobujpo! ! Jo!bddpsebodf!xjui!Csfnfsupo!Nvojdjqbm!Dpef!3/87/1:1-!Tpmf!Tpvsdf!Qvsdibtft-!uif!qvsqptf!pg! uijt!nfnpsboevn!jt!up!epdvnfou!uif!ofdfttjuz!pg!tpmf!tpvsdf!qspdvsfnfou!nfuipepmphz!gps!uif! qvsdibtf!pg!b!dpnqmfuf!spubujoh!bttfncmz!gps!uif!Dfousjtzt!dfousjgvhf!bu!uif!Xbtufxbufs! Usfbunfou!Qmbou/! ! 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Dptu0Rvpuf!tvqqpsu;! Bgufs!sfwjfxjoh!tbmft!rvpuf!21967!Sfw!3!gspn!Dfousjtzt.DOQ!jo!uif!bnpvou!pg!%364-754!pvs!tubgg! cfmjfwft!uijt!jt!b!gbjs!boe!sfbtpobcmf!qsjdf/! ! Uifsfgpsf-!ju!jt!nz!efufsnjobujpo!uibu!ju!jt!jo!uif!Djuz‘t!cftu!joufsftut!up!qvsdibtf!uif!dfousjgvhf! spubujoh!bttfncmz!gspn!Dfousjtzt.DOQ!uispvhi!ejsfdu!ofhpujbujpo-!qvstvbou!up!CND!3/87/1:1!boe! 3/87/121-!boe!uibu!tpmf!tpvsdf!qvsdibtf!pg!uif!dfousjgvhf!spubujoh!bttfncmz!jt!kvtujgjfe!gps!uijt! qspdvsfnfou/! ! Sfdpnnfoefe!cz;! ! Ejhjubmmz!tjhofe!cz!Fsjd!Cvssjt! Ebuf;!3133/13/26!1:;49;25! ! .19(11( ````````````````````````````````! Fsjd!K/!Cvssjt-!Xbtufxbufs!Nbobhfs! ! Bqqspwfe!cz;!! ! Ejhjubmmz!tjhofe!cz!Upn!Lovdlfz! ! Upn!Lovdlfz Ebuf;!3133/13/26!21;45;53!.19(11( !````````````````````````````````! Upn!Lovdlfz-!Qvcmjd!Xpslt!'!Vujmjujft!Ejsfdups !!Qbhf!3!!!!Dfousjtzt.DOQ!!Gfcsvbsz!26-!3133! ! Proposal ToCity of Bremerton 1600 Oyster Bay Ave. S. CS21-4 2PhRotating Bremerton, WA 98312 Attn: Eric Burris Assembly Tel: (360) 473-5450 Email: Eric.burris@ci.bremerton.wa.us Centrisys Ref -Opp#10856Rev 3 Project NameCity of Bremerton CompleteRotorOption LocationBremerton, WA Date2/16/22 Prepared ByRebecca Schruender Centrisys Contact Centrisys Representative John Feicht Chris McCalib Aftermarket Sales Manager Treatment Equipment Company th 9586 58 Place 249 Main Ave S., ste 107 #322 Kenosha, WI 53144 USA North Bend, WA 98045 Ph: +1 (262) 654 6006 Ph: (206) 909-1546 Direct: (847) 691-4626 Email: Chris@tec-nw.com Email: John.Feicht@centrisys.us Sincerely, Page 2 of 4 ITEM 1. Complete Rotor Option One (1) Decanter Rotating Assembly, Model CS21-4 2PH Centrifuge Specification Model CS21-4 2Ph Inside bowl diameter (in) 21 Bowl length (in) 94 Bowl length to diameter ratio 4.3:1 Beach angle (deg) 15 Maximum bowl speed (RPM) 3150 Rotodiff model 1071DLF Equipment Description Centrifugally casted duplex SS solid bowl Scroll conveyor with duplex SS scroll shaft; 316SS flights Includes both main bearing assemblies, feed pipe, Rotodiff, carrier and pulley. Requires trip to the site for installation and alignment ITEM 2. Optional Adder: Not included in the base price Site Service Centrisys will furnish one factory representative for 2 days or 16 hours (whichever occurs first) during 1 trip to assist in installation inspection, and alignment of the rotating assem must be ready at time of scheduled service request. Crane or other equipment required to remove and install the rotating assembly to be supplied by others. Page 3 of 4 Purchase Price One (1) CS21-4 Rotating Assembly Complete Rotor $228,700 USD Taxes, estimated at 9% .20,943 USD Optional Adder for Two Days of Site Service as described above .4,000 USD F.O.B. Job Site, freight included, taxes listed separately above Validity Purchase price is valid sixty (60) calendar days from the quotation date, for shipment of equipment within the timetable stated below in ITEM 4. Payment Terms 30% with order; 70% upon arrival on site Timetable Shipment phase: 16-18 weeks following purchase order Page 4 of 4 DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 1/27/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Amy Brennan NAME: FAX PHONE (262)574-7080 (262)574-7000 R & R Insurance Services, Inc (A/C, No): (A/C, No, Ext): E-MAIL Amy.Brennan@rrins.com N14 W23900 Stone Ridge Drive ADDRESS: INSURER(S)AFFORDINGCOVERAGENAIC# WaukeshaWI53188 The Travelers Indemnity Company25658 INSURER A : INSURED Centrisys Capital Inc Travelers Property Casualty Insurance Company of25674 INSURER B : Centrisys Corporation Beazley Insurance Company INSURER C : 9586 58th Place INSURER D : INSURER E : KenoshaWI53144 INSURER F : 22-23 Liability COVERAGESCERTIFICATENUMBER:REVISIONNUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDLSUBR INSRPOLICY EFFPOLICY EXP TYPE OF INSURANCELIMITS POLICY NUMBER LTR(MM/DD/YYYY)(MM/DD/YYYY) INSDWVD COMMERCIAL GENERAL LIABILITY General Liability coverage is EACHOCCURRENCE$ DAMAGE TO RENTED with a different insurance CLAIMS-MADEOCCUR$ PREMISES(Eaoccurrence) agency MEDEXP(Anyoneperson)$ PERSONAL&ADVINJURY$ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- B POLICYLOCPRODUCTS - COMP/OP AGG$ JECT Foreign Liability $ 6303S5902261/1/20221/1/2023 1,000,000 X OTHER:Foreign Liability COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY$ 1,000,000 (Eaaccident) BODILYINJURY(Perperson)$ X ANY AUTO A ALLOWNEDSCHEDULED BODILYINJURY(Peraccident)$ BA3S5904721/1/20221/1/2023 AUTOSAUTOS NON-OWNED PROPERTY DAMAGE $ XX Form CAT353 0215 WOS HIRED AUTOS (Peraccident) AUTOS $ Blkt AI PNCBlkt WOS XX Form CAT474 0216 AI PNC UMBRELLA LIAB XX Underlying GL AL EL Foreign EACHOCCURRENCE$ 10,000,000 OCCUR EXCESS LIAB Form EU0001 0716 PNC WOS CLAIMS-MADEAGGREGATE$ 10,000,000 B X CUP6S2587571/1/20221/1/2023 $ DEDRETENTION$10,000 PEROTH- WORKERS COMPENSATION Workers Compensation coverage STATUTEER AND EMPLOYERS' LIABILITY Y / N is with a different ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACHACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? insurance agency (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ Ifyes,describeunder E.L. DISEASE - POLICY LIMIT$ DESCRIPTION OF OPERATIONS below Each Claim/Policy Aggregate C Pollution Liability incl Mold$3,000,000 BLU15251A211/1/20221/1/2023 Each Claim/Policy Aggregate Professional Liability$3,000,000 C BLU15251A211/1/20221/1/2023 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Risk Management 345 6th St AUTHORIZED REPRESENTATIVE Ste 100 Bremerton, WA 98337 R Kalscheuer/KM594 ©1988-2014ACORDCORPORATION.Allrightsreserved. ACORD25(2014/01)TheACORDnameandlogoareregisteredmarksofACORD INS025 (201401) DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: FAX PHONE (A/C, No): (A/C, No, Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGENAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDLSUBR INSRPOLICY EFFPOLICY EXP TYPE OF INSURANCELIMITS POLICY NUMBER LTR(MM/DD/YYYY)(MM/DD/YYYY) INSDWVD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE$ DAMAGE TO RENTED CLAIMS-MADEOCCUR$ PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY$ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- POLICYLOCPRODUCTS - COMP/OP AGG$ JECT $ OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY$ (Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNEDSCHEDULED BODILY INJURY (Per accident)$ AUTOS ONLYAUTOS NON-OWNED HIREDPROPERTY DAMAGE $ (Per accident) AUTOS ONLYAUTOS ONLY $ UMBRELLA LIAB EACH OCCURRENCE$ OCCUR EXCESS LIAB CLAIMS-MADEAGGREGATE$ $ DEDRETENTION$ PEROTH- WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N ANYP ROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under E.L. DISEASE - POLICY LIMIT$ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD UIJT!FOEPSTFNFOU!DIBOHFT!UIF!QPMJDZ/QMFBTF!SFBE!JU!DBSFGVMMZ/ XBJWFS!PG!PVS!SJHIU!UP!SFDPWFS GSPN!PUIFST!FOEPSTFNFOU Qpmjdz!Ovncfs;94XFPI4148 Foepstfnfou!Ovncfs; Fggfdujwf!Ebuf;1201203 Fggfdujwf!ipvs!jt!uif!tbnf!bt!tubufe!po!uif!Jogpsnbujpo!Qbhf!pg!uif!qpmjdz/ Obnfe!Jotvsfe!boe!Beesftt;DFOUSJTZT!DPSQPSBUJPO :697!69UI!QM LFOPTIBXJ64255 Xfibwfuifsjhiuupsfdpwfspvsqbznfoutgspnbozpofmjbcmfgpsbojokvszdpwfsfeczuijtqpmjdz/Xfxjmmopufogpsdfpvs sjhiu!bhbjotu!uif!qfstpo!ps!pshboj{bujpo!obnfe!jo!uif!Tdifevmf/ Uijt!bhsffnfou!tibmm!opu!pqfsbuf!ejsfdumz!ps!joejsfdumz!up!cfofgju!bozpof!opu!obnfe!jo!uif!Tdifevmf/ TDIFEVMF Bozqfstpopspshboj{bujpogspnxipnzpvbsfsfrvjsfeczdpousbdupsbhsffnfouuppcubjouijtxbjwfsgspnvt/ Foepstfnfou!jt!opu!bqqmjdbcmf!jo!LZ-!OI-!OK!ps!gps!boz!NP!dpotusvdujpo!sjtl Dpvoufstjhofe!cz Bvuipsj{fe!Sfqsftfoubujwf Gpsn!XD!11!14!24 Qsjoufe!jo!V/T/B/ Qpmjdz!Fyqjsbujpo!Ebuf;1201203 AGENDA BILL CITY OF BREMERTON A8 CITY COUNCIL SUBJECT: Study Session Date: February 23, 2022 Contract with Michels Corporation for the COUNCIL MEETING Date: March 2, 2022 2022 Sewer Rehabilitation Project Department: PW&U Presenter: Bill Davis Phone: (360) 473-2312 SUMMARY: The project will rehabilitate approximately 9,000 lineal feet of sanitary and storm sewer using the cure-in-place-pipe (CIPP) method and reinstate approximately 160 side sewers. The pipes range in size from 8-inch to 18-inch diameter. Three bids were submitted, which were opened on February 9, 2022. The lowest bid did not comply with the bid specifications and was rejected. The second lowest bid from Michels Corporation in the amount of $1,033,366.87, including sales tax was the lowest responsive and responsible bid. ATTACHMENTS: 1. Contract; 2. Location Map; and 3. Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount): The budget amount in the 2022 Wastewater Capital Budget and Stormwater Capital Budget for this project is $800,000 and $250,000 respectively. 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 2022 Sewer Rehabilitation project to Michels Corporation in the amount of $1,033,366.87, including sales tax; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 . . . . . . . . . . . . WARREN AVE WHEATON WAY AGENDA BILL CITY OF BREMERTON CITY COUNCIL A9 SUBJECT: Study Session Date: February 23, 2022 Grant of Easement with United States COUNCIL MEETING Date: March 2, 2022 of America for Water Mains under the Department: PW&U - Engineering Shelton-Bremerton-Bangor (US Navy) Presenter: Bill Davis Railroad north of Gold Mountain Golf Phone: (360) 473-2312 Course SUMMARY: The City obtained an easement from the U.S. Government in 1971 for an 8-inch water main under the Navy railroad track located immediately north of Gold Mountain Golf Course, that has expired. This new easement will continue to allow the City the rights of construction, installation, maintenance, operation, repair, and replacement of the existing 8-inch water main, as well as two future water mains that will be installed through a future 36-inch casing. The new mains will improve water service and allow for system redundancy at the golf course and in the W517 Zone (serving Port of Bremerton). The cost of the easement is $625 and is for a 50-year term. ATTACHMENTS: 1) Grant of Easement N4425522RP00001 with Exhibit A; 2) Location Map FISCAL IMPACTS (Include Budgeted Amount): The project is included in the 2022 Water Capital budget. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve Grant of Easement with the United States of America for existing and future watermains under the Shelton-Bremerton-Bangor Railroad; 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 When Recorded Return to: City of Bremerton Attention: Engineering Dept 345 6th Street, Suite 100 Bremerton, WA 98337 Document Title: Grant of Easement Grantor: United States of America Grantee: City of Bremerton Abbreviated Legal Description: SE¼ SE¼ Section 35, T24N, R1W, W.M. Assessor’s Property Tax Parcel: 352401-4-004-1006 GRANT OF EASEMENT N4425522RP00001 THIS INDENTURE, made this _____ day of __________________, 20____, between the UNITED STATES OF AMERICA, the Grantor, hereinafter called the GOVERNMENT, represented by the Commanding Officer, Naval Facilities Engineering Systems Command Northwest, acting by and through the Secretary of the Navy, and City of Bremerton, hereinafter called the GRANTEE. WHEREAS, the GOVERNMENT owns that certain real property identified as Shelton-Bremerton-Bangor Railroad, located in Mason and Kitsap Counties, Washington, hereinafter called the Installation; WHEREAS, the GRANTEE has requested an easement for the construction, installation, operation, maintenance, repair, and replacement of three (3) water pipelines, one (1) 8-inch water pipeline located in an 18-inch concrete culvert and two (2) 8-inch water pipelines located within a 36-inch steel culvert, which will be used by the GRANTEE under that portion of the Installation hereinafter described; and WHEREAS, the Secretary of the Navy has found that the granting of such an easement on the terms and conditions hereinafter stated is not incompatible with the public interest; NOW THEREFORE, this INDENTURE witnesseth that, pursuant to the authority of 10 U.S.C. § 2668, hereby grants to the GRANTEE and its successors and assigns for a period of 50 years from the date hereof, an easement for the construction, installation, operation, Page 1 of 12 maintenance, repair, and replacement of a three (3) water pipelines, one (1) 8-inch water pipeline located in an 18-inch concrete culvert and two (2) 8-inch water pipelines located within a 36-inch steel culvert, such easement being under that portion of the Installation hereinafter called the PREMISES, containing 0.06 acres, more or less, and more specifically described in Exhibit “A” Easement Legal Description attached hereto and made a part hereof and as depicted on that Record of Survey filed under AFN 202105100005. THIS EASEMENT is granted subject to the following terms and conditions, which GRANTEE, by its acceptance hereof, specifically agrees to and consents to be bound by: 1. CONSIDERATION. In consideration for this Easement, the GRANTEE shall pay the GOVERNMENT the sum of $625.00, the receipt of which is hereby acknowledged. 2. ACCESS BY GRANTEE. The GOVERNMENT grants to the GRANTEE the right to use the PREMISES, together with the necessary rights of ingress and egress authorized by the Installation Commanding Officer. The GRANTEE and its invitees and contractors agree to absorb all costs, including time and expenses, associated with gaining access to the Installation under the RAPIDGATE or similar program. Any parking that accompanies the use of, and any routes of access to and from, the PREMISES are subject to change at the sole discretion of the Installation Commanding Officer. 3. USE BY GOVERNMENT. The GOVERNMENT may use the PREMISES of this Easement for any purpose that does not unreasonably interfere with the use and enjoyment by the GRANTEE of the rights granted by this Easement. 4. SUBJECT TO EXISTING AND FUTURE EASEMENTS. This Easement is granted subject to all other existing easements, if any, of public record, and to such utility lines, roadways, or other improvements as may now be located under the PREMISES. This Easement is subject to all existing easements, all other outstanding rights, recorded and unrecorded, and to all such utility lines, roadways, or other improvements as may be located under the PREMISES, and to the right of the GOVERNMENT to grant such additional easements and rights of way under the PREMISES as it shall determine to be in the public interest, provided that such additional easements and rights of way will not unreasonably interfere with the GRANTEE’s use of the PREMISES in accordance with this Easement. 5. APPROVAL OF PLANS. All work performed by the GRANTEE, its agents, or contractors in connection with the construction, installation, operation, maintenance, repair, and replacement of the three (3) water pipelines, one (1) 8-inch water pipeline located in an 18-inch Page 2 of 12 N4425522RP00001 concrete culvert and two (2) 8-inch water pipelines located within a 36-inch steel culvert shall be done without cost or expense to the GOVERNMENT and in accordance with plans previously approved by the Real Estate Contracting Officer, Naval Facilities Engineering Systems Command Northwest or his/her designated local representative. 6. RESTORATION. Upon completion of any work performed in or upon the PREMISES, GRANTEE, at its own expense, shall remove all equipment and unused or surplus materials, if any, and shall restore the PREMISES to the same, or as good a condition as existed prior to the initiation of such work, and in a manner satisfactory to the GOVERNMENT as determined by the Real Estate Contracting Officer, Naval Facilities Engineering Systems Command Northwest, or his/her designated local representative. 7. PROTECTION AND MAINTENANCE OF PREMISES. The GRANTEE, at its own cost and expense, shall maintain the PREMISES and the three (3) water pipelines, one (1) 8-inch water pipeline located in an 18-inch concrete culvert and two (2) 8-inch water pipelines located within a 36-inch steel culvert in good condition at all times and shall promptly make all repairs that may be necessary for the preservation of the condition of the PREMISES and the continued operation and maintenance of the three (3) water pipelines, one (1) 8-inch water pipeline located in an 18-inch concrete culvert and two (2) 8-inch water pipelines located within a 36-inch steel culvert. 8. DAMAGE TO THE PREMISES. GRANTEE, at its expense, shall repair or restore any damage to GOVERNMENT property that may occur during the construction, operation, maintenance, repair and replacement of the three (3) water pipelines, one (1) 8-inch water pipeline located in an 18-inch concrete culvert and two (2) 8-inch water pipelines located within a 36-inch steel culvert in a manner satisfactory to the GOVERNMENT as determined by the Real Estate Contracting Officer, Naval Facilities Engineering Systems Command Northwest or his/her designated local representative. GRANTEE, its employees, authorized agents and contractors shall reimburse the GOVERNMENT for any and all actual costs, direct and indirect, incurred by the GOVERNMENT as a result of any damage to the PREMISES caused by their individual or collective actions. 9. APPLICABLE RULES AND REGULATIONS a. The GRANTEE’s rights hereunder shall be subject to such reasonable rules and regulations as may be prescribed by the GOVERNMENT to assure that the exercise of those rights will not unreasonably interfere with the GOVERNMENT’s activities at the Installation. The GRANTEE shall adhere to all GOVERNMENT imposed security rules and regulations in the exercise of such rights. Page 3 of 12 N4425522RP00001 b. The railroad operator is Puget Sound & Pacific Railroad herein called PSAP. PSAP must be notified in advance of any construction by telephone to the Road Master at (360) 359-1084. PSAP may require a flagman during three (3) water pipelines, one (1) 8-inch water pipeline located in an 18-inch concrete culvert and two (2) 8-inch water pipelines located within a 36-inch steel culvert activities. PSAP will require a signal technician on-site during all work near any crossing signal controller and wiring. All expenses associated with construction, inspection, or maintenance including flagging shall be borne by GRANTEE. 10. INDEMNIFICATION. GRANTEE shall indemnify and defend the GOVERNMENT against, and hold the GOVERNMENT harmless from, any costs, expenses, liabilities, fines, suits, actions, damages, liability and cause of action arising or growing out of, or in any way connected with, the occupation or use of the PREMISES by the GRANTEE and its employees, agents, servants, guests, and invitees. However, this liability shall not extend to matters caused by the GOVERNMENT's negligent or willful acts. This provision shall survive the expiration or termination of this Easement and GRANTEE’s obligations hereunder shall apply whenever the GOVERNMENT incurs costs or liabilities for the GRANTEE's actions. 11. GRANTEE’S RESPONSIBILITY a. The GOVERNMENT shall not be responsible for damages to property or injuries to persons that may arise from, or be incident to, the use and occupation of the PREMISES by the GRANTEE, or for damages to the property or injuries to the persons of the GOVERNMENT's officers, agents, servants, or employees, or others who may be on the PREMISES at their invitation or the invitation of any one of them arising from or incident to governmental activities except as permitted under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680. b. Damage, clearing or removal of any timber or forest products from GOVERNMENT property must be reviewed and approved by the Navy Forester. The GOVERNMENT will require reimbursement for the value of any merchantable timber that is removed. If logging of adjacent property is to be performed, the GRANTEE will work with the Navy Forester for additional cutting of GOVERNMENT timber in order to avoid windfall loss due to storms. Merchantable timber removed without prior permission from the GOVERNMENT, will be treated as theft and can result in charges up to triple the value of the timber. c. GRANTEE shall ensure that railroad drainage ditches and slopes are properly regraded if necessary following utility installation. Page 4 of 12 N4425522RP00001 d. GRANTEE is responsible to include storm water measures that incorporate Best Management Practices to prevent the release of pollutants and runoff. e. GRANTEE is responsible for sloughing or erosion as a result of their activities or utility installation. 12. ROAD CONNECTIONS / GOVERNMENT RESERVATION. “Intentionally deleted.” 13. ROAD SURFACE AND DESIGN. “Intentionally deleted.” 14. ENVIRONMENTAL PROVISIONS a. GRANTEE shall comply with all applicable environmental laws, ordinances, rules, and regulations and all other Federal, state, and local laws, ordinances, regulations, and standards that are or may become applicable to GRANTEE’s activities on the PREMISES. b. GRANTEE shall be, at its sole cost and expense, solely responsible for obtaining any environmental permits required for its activities on the PREMISES. c. GOVERNMENT’s rights under this Easement specifically include the right for its representatives to inspect the PREMISES upon reasonable notice for compliance with environmental, safety, and occupational health laws and regulations, whether or not the GOVERNMENT is responsible for enforcing them. The inspections shall be made without prejudice to the right of duly constituted enforcement officials to make them. The GRANTEE shall have no claim on account of any entries against the United States or any of its officers, agents, employees, contractors, or subcontractors. d. Storage, treatment, or disposal of toxic hazardous materials on the PREMISES is prohibited except as authorized by the GOVERNMENT in accordance with 10 U.S.C. § 2692. e. The GRANTEE will not use Installation accumulation points for hazardous and other wastes or permit its hazardous wastes to be commingled with hazardous waste of the GOVERNMENT. f. The GRANTEE shall be solely responsible for the release, or substantial threat of a release, into the environment of any hazardous substance, pollutant or contaminant as the result of any activity under this Easement, and any preceding easements, licenses, or rights- of-way. Any reporting, containment, removal, or other remedial action relating to a release or threat of release required by law or regulation shall also be the responsibility of the GRANTEE. Page 5 of 12 N4425522RP00001 g. The GRANTEE agrees to comply with the provisions of any health or safety plan in effect under the Installation Restoration Plan or the Resource Conservation Recovery Act Corrective Action Program during the course of any of the above described response or remedial actions. Any inspection, survey, investigation, or other response or remedial action will be, to the extent practicable, coordinated with representatives designated by the GOVERNMENT. The GRANTEE shall have no claim on account of any entries against the United States or its officers, agents, employees, contractors, or subcontractors. In addition, GRANTEE shall comply with all applicable Federal, state and local occupational safety and health regulations. h. GRANTEE shall, to the extent permitted under applicable law, indemnify and hold harmless GOVERNMENT from, and defend GOVERNMENT against, any damages, costs, expenses, liabilities, fines, suits, actions, or penalties resulting from releases, discharges, emissions, spills, storage, treatment, disposal, or other acts or omissions by GRANTEE, its officers, employees, agents, contractors, licensees, or the invitees of any of them, giving rise to GOVERNMENT liability, civil or criminal, or responsibility under federal, state or local environmental laws. This paragraph shall survive the expiration or termination of this Easement, and the GRANTEE’s obligations under this paragraph shall apply whenever the GOVERNMENT incurs costs or liabilities for GRANTEE’s actions. However, this liability shall not extend to matters caused by the GOVERNMENT's negligent or willful acts. i. The GRANTEE shall strictly comply with the hazardous waste permit, storage, handling, and disposal requirements under the Solid Waste Disposal Act and Resource Conservation and Recovery Act and as defined in the Washington Dangerous Waste Regulations, WAC 173-303. The GRANTEE must provide at its own expense any hazardous waste storage facilities, complying with all laws and regulations that it may need for storage. Installation hazardous waste storage facilities will not be available to the GRANTEE. j. GRANTEE shall manage the natural and cultural resources on the PREMISES in a manner that is consistent with the philosophies and supportive of the objectives of the Installation’s Integrated Natural Resource Management Plan and Integrated Cultural Resource Management Plan. GRANTEE shall identify any activity that may affect Federally regulated resources (listed species, wetlands, waters of the United States, etc.) and provide information and mitigation that may be required to support consultation with the applicable regulatory agency. k. GRANTEE shall not undertake any activity that may affect the characteristics that may make the railroad eligible for inclusion in the National Register of Historic Places as a district, including, but Page 6 of 12 N4425522RP00001 not limited to, excavation, construction, alteration, or repairs of the PREMISES, without the prior approval of Government Technical Representative who can be reached at (360) 476-6494 and in compliance with Section 106 of the National Historic Preservation Act (54 U.S.C. § 306108) and its implementing regulation (36 C.F.R. Part 800). l. GRANTEE shall, during the construction, installation, operation, maintenance, and repair of the three (3) water pipelines, one (1) 8-inch water pipeline located in an 18-inch concrete culvert and two (2) 8-inch water pipelines located within a 36-inch steel culvert, upon inadvertently discovering Native American human remains, funerary objects, sacred objects, objects of cultural patrimony, as those terms are defined in 43 C.F.R. § 10.2(d), immediately notify by telephone the Government Technical Representative at (360) 476-6494, followed by written confirmation. The GRANTEE shall cease all activity in the area of the inadvertent discovery until directed otherwise by the Installation. Additionally, the GRANTEE shall take all reasonable efforts to protect any Native American human remains, funerary objects, sacred objects, objects of cultural patrimony, so discovered consistent with 43 C.F.R. § 10.2(d). 15. ENVIRONMENTAL CONDITION OF PROPERTY a. An Environmental Condition of Property (ECP) has been prepared as of the start date of this Easement to document the known environmental condition of the property. The ECP dated May 25, 2021 is available upon request. At the termination or expiration of this Easement, another ECP shall be prepared to note the environmental condition of the property at that time. A comparison of the two ECP documents shall be made to determine the extent, if any, of liability on the part of the GRANTEE. b. For purposes of this Easement the following terms shall have the following meanings: (1) "Toxic or Hazardous Materials" means all manner of substances, pollutants, contaminants, and waste to which Applicable Environmental Laws pertain, expressly including petroleum, petroleum products, and materials defined in 48 C.F.R. § 252.223-7006 (a)(ii) and (iii). (2) "Contamination" means a level of Toxic or Hazardous Materials in the air, soil, or water (surface water or ground water), that exceeds levels allowed by Applicable Environmental Laws. (3) "Applicable Environmental Laws" means: (a) Federal, state, and local statutes, laws, ordinances, rules, and regulations, to which the GOVERNMENT is made subject by Page 7 of 12 N4425522RP00001 Federal law or to which the GRANTEE is made subject by Federal and state law; (b) Executive Orders of the President of the United States; (c) decisions of courts and administrative tribunals of competent jurisdiction; (d) administrative orders of regulatory agencies of competent jurisdiction (involuntary or on consent); and (e) regulations and directives of the Department of Defense, the Department of the Navy, and the Marine Corps (for Marine Corps installations only), which pertain to the human environment (as defined in the National Environmental Policy Act of 1969); transportation of hazardous material; and human health and safety (including occupational safety). (4) Applicable Environmental Laws include, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. § 9601 et seq.), the Hazardous Material Transportation Act (49 U.S.C. § 1801, et seq.), the Resource Conservation and Recovery Act (42 U.S.C. § 6901, et seq.), the Clean Water Act (33 U.S.C. § 1251, et seq.), the Clean Air Act (42 U.S.C. § 7401, et seq.), the Toxic Substances Control Act (15 U.S.C. § 2601, et seq.), the Occupational Safety and Health Act (29 U.S.C. § 651, et seq.), and 10 U.S.C. § 2692, as amended. (5) "Release" means any discharge, spill, emission, leaking, pumping, injection, excavation, deposit, disposal, leaching, or migration into the environment, accidental or otherwise, or introduction into the environment by any other means or method. (6) "Remedial Action" means: investigating or monitoring the environmental condition of the PREMISES and clean-up, removal, response (including emergency response), and restoration of the PREMISES, as per Applicable Environmental Laws, due to the presence or suspected presence of Contamination or a Release or suspected Release of Toxic or Hazardous Materials. c. If during the term of this Easement the GRANTEE becomes aware that a Release of Toxic or Hazardous Materials has occurred due to acts or omissions of the GRANTEE, its agents, or contractors, whether or not such Release results in Contamination of the PREMISES, the GRANTEE will give verbal notice to the GOVERNMENT within 24 hours of becoming aware of the Release, providing all relevant facts and circumstances. The GOVERNMENT may direct the GRANTEE to make a Page 8 of 12 N4425522RP00001 detailed written report of these facts and circumstances within a time certain. d. The GRANTEE, at its sole expense, will promptly take all action necessary to comply with Applicable Environmental Laws pertaining to a Release described in subparagraph 15b., including but not limited to: report the occurrence to appropriate Federal, state, or local regulatory authorities, if so directed by the GOVERNMENT; take timely and effective steps to minimize the Release and its impact on human health and the environment; and take Remedial Action. The GOVERNMENT may direct the GRANTEE to provide all information requested by the GOVERNMENT regarding such actions within a time certain. e. The GRANTEE will ensure that all activities conducted on the PREMISES by the GRANTEE, its agents, or contractors are carried out in compliance with Applicable Environmental Laws. The GRANTEE will provide verbal notice to the GOVERNMENT within 24 hours of receiving any complaint, order, directive, claim, citation, or notice from any governmental authority or any other person or entity alleging noncompliance with or a violation of Applicable Environmental Laws on the PREMISES. The GRANTEE, at its sole expense, will promptly take all necessary action directed by Federal, state, or local regulatory authorities of competent jurisdiction to achieve or regain compliance with Applicable Environmental Laws. The GOVERNMENT may direct the GRANTEE to make a detailed written report, within a time certain, of the facts and circumstances underlying the alleged noncompliance or violation. Without limitation of the foregoing, the GOVERNMENT, in response to acts or omissions of the GRANTEE, its agents, or contractors may, in its discretion, take Remedial Action to remedy Contamination on the PREMISES or to achieve or regain compliance with Applicable Environmental Laws. f. The GOVERNMENT may at any time inspect the PREMISES or cause the PREMISES to be inspected, to assess whether the operations of the GRANTEE, its agents, or contractors are in compliance with Applicable Environmental Laws. To assist in this evaluation, the GRANTEE, its agents, and contractors will provide to the GOVERNMENT, or another entity, as the GOVERNMENT may direct, for examination and copying, all relevant books, records, documents, and other material in their possession. g. The GOVERNMENT, with good cause, may from time-to-time require the GRANTEE to conduct tests and analyses to assess whether the PREMISES are in compliance with Applicable Environmental Laws, and based on the results thereof, to so certify to the GOVERNMENT. Such tests and analyses shall be conducted in a manner satisfactory to the GOVERNMENT by recognized professionals approved by the GOVERNMENT. If the GOVERNMENT and the GRANTEE cannot reach agreement as to what tests and analyses shall be conducted, by whom, and when, the GOVERNMENT may Page 9 of 12 N4425522RP00001 perform such tests and analyses or cause such tests and analyses to be performed. 16. FAILURE TO INSIST ON COMPLIANCE. The failure of the GOVERNMENT to insist, in any one or more instances, upon performance of any of the terms, covenants or conditions of this Easement shall not be construed as a waiver or relinquishment of GOVERNMENT’S right to the future performance of any such terms, covenants or conditions and GRANTEE’s obligations for their future performance shall continue in full force and effect. 17. FEDERAL FUNDS. This Easement does not obligate the GOVERNMENT to expend any appropriated funds. 18. ASSIGNMENT/TRANSFER OF RIGHTS. The GRANTEE shall not transfer or assign this Easement or any interest in it, or otherwise make any portion of, or rights in, the PREMISES available to any party without the prior consent of the GOVERNMENT. If any assignment is made, with or without consent, the assignee shall be deemed to have assumed all of the obligations of the GRANTEE. However, in no event shall the GRANTEE be relieved of any of its obligations under this Easement, except for an extension of its term that begins after an assignment, and then only if the GOVERNMENT shall have consented to it. 19. TERMINATION a. If, at any time, the GOVERNMENT determines that the three (3) water pipelines, one (1) 8-inch water pipeline located in an 18-inch concrete culvert and two (2) 8-inch water pipelines located within a 36-inch steel culvert, or any portion thereof, unduly interferes with any of its activities, the GOVERNMENT shall have the right to terminate this Easement, in whole or in part, to the extent necessary to eliminate the interference; however, unless the GOVERNMENT shall have determined that relocation is not feasible, it shall offer to convey to the GRANTEE, without charge, a substitute easement permitting the GRANTEE to relocate the three (3) water pipelines, one (1) 8-inch water pipeline located in an 18-inch concrete culvert and two (2) 8-inch water pipelines located within a 36-inch steel culvert, or any portion thereof, on adjacent GOVERNMENT property, which relocation shall be accomplished at the GRANTEE’s cost and expense. The substitute easement shall contain the same terms and conditions as those in this Easement, and shall bear the same expiration date, if any. Page 10 of 12 N4425522RP00001 b. All or any part of this Easement may be terminated upon failure by the GRANTEE to comply with any of its terms and conditions; upon abandonment of the rights granted herein; or upon non-use of those rights for a period of two consecutive years. Additionally, the GOVERNMENT may terminate all or any part of this Easement in the interest of anti-terrorism force protection or national security. 20. ADMINISTRATIVE COSTS AT EXPIRATION/TERMINATION OF EASEMENT. At the termination or expiration of this Easement, at the GOVERNMENT’S discretion, GRANTEE shall be responsible for administrative costs associated with completing a final inspection of the PREMISES and updating the Environmental Condition of Property Report. 21. SURRENDER. Upon any termination or expiration of this Easement, the GRANTEE, at its own expense and risk, shall promptly remove, to the extent required by the GOVERNMENT, improvements, fixtures, and equipment installed or constructed hereunder, and shall restore the PREMISES to the same or as good a condition as that which existed prior to the exercise by the GRANTEE of its rights hereunder. The restoration shall be done in a manner satisfactory to the Real Estate Contracting Officer, Naval Facilities Engineering Systems Command Northwest, or his/her designated representative and in accordance with applicable laws and regulations. If the GRANTEE fails to remove the property as required by the GOVERNMENT, all improvements, chattels, and other items abandoned by the GRANTEE become GOVERNMENT property ninety (90) days following the date of termination or expiration. If the GOVERNMENT incurs any cost to remove the items abandoned by the GRANTEE, the GRANTEE shall reimburse the GOVERNMENT for any and all actual costs, direct and indirect, incurred by the GOVERNMENT. 22. STATEMENT OF COMPLIANCE. This Easement is not subject to the requirements of 10 U.S.C. § 2662(d). 23. ADDITIONS, MODIFICATIONS AND DELETIONS. Prior to the execution of this Easement, the following additions, modifications and deletions were made: “Intentionally deleted.” Page 11 of 12 N4425522RP00001 IN WITNESS WHEREOF, the parties hereto have caused this GRANT OF EASEMENT to be executed by their duly authorized representatives as of the day and year first written above. UNITED STATES OF AMERICA By: ____________________________________ KELLY E. SKIFF Real Estate Contracting Officer Naval Facilities Engineering Systems Command Northwest GRANTEE By: ____________________________________ GREG WHEELER Mayor City of Bremerton STATE OF _______________________________ CITY/COUNTY OF _________________________ The foregoing document was acknowledged before me, this ______ day of __________________, 20____, by ___________________________________. By: ____________________________________ NOTARY PUBLIC My Commission Expires __________________ Registration No. _______________________ Page 12 of 12 N4425522RP00001 LOCATION MAP FOR EASEMENT UNDER U.S. NAVY RAILROAD NEAR GOLD MOUNTAIN GOLF COURSE AGENDA BILL CITY OF BREMERTON A10 CITY COUNCIL SUBJECT: Study Session Date: February 23, 2022 Contract Modification Agreement No. 1 with COUNCIL MEETING Date: March 2, 2022 Materials Testing and Consulting for the Department: Engineering Oyster Bay Beach Sewer Upgrades project Presenter: Bill Davis Phone: (360) 473-2312 SUMMARY: Contract Modification No. 1 amends the Professional Services Agreement with Materials Testing and Consulting to provide additional inspection, materials testing, and laboratory services for the Oyster Bay Beach Sewer Upgrades project, as requested by the City. The original contract amount was $24,696. This current contract modification increases the contract amount by $7,462 for an amended contract amount of $32,158. ATTACHMENTS: 1. Contract Modification Agreement No. 1 with Exhibits A and B FISCAL IMPACTS (Include Budgeted Amount): The work is fully funded in the 2022 Wastewater budget. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve Contract Modification Agreement No. 1 with Materials Testing and Consulting for the Oyster Bay Beach Sewer Upgrades project in the amount of $7,462 for a total amended contract amount of $32,158; 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 CONTRACTMODIFICATION AGREEMENT NO.1 BETWEENTHECITY OF BREMERTONANDMATERIALS TESTING AND CONSULTING PROJECTOyster Bay BeachSewer Upgrades CONSULTANTMaterials Testing andConsulting DATEFebruary 7, 2022 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE Oyster Bay Beach Sewer UpgradesAGREEMENT (the "Contract")entered into between the City of BremertonandMaterials Testing and Consultingon, 2021. All provisionsin the Contract shall remain in full force andeffect except asexpressly modified by thisdocument. For valuableconsideration and by mutualconsentoftheparties, themodificationsto the Contract areas follows: I. Section I. Scope, is modified as follows:See additional scopeattached as Exhibit A. Section II. Term, is modified as follows: The Consultant shall complete the work described in this Contract Modification Agreement by September 1, 2022. Section III. Compensation, is modified as follows: The original contract amount was $24,696.The City shall pay the Consultant for the additional work described above, based on time and materials, an amount not to exceed $7,462 for a total amended contract amount of $32,158including this Contract Modification. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant’s claims for contract time and for all costs of any kind, including without limitation, costs of delaysrelated to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City’s right to bring a claim for past performance. The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. Page 1 of 2 Contract Modification Rev. 09/2021 This document will become a supplement of the contract and all provisions will apply hereto. It isunderstood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract.In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modificationon the day and year first written above. Ejhjubmmz!tjhofe!cz!Ofe!Mfwfs EO;!D>VT-! F>ofe/mfwfsAdj/csfnfsupo/xb/vt- P>Djuz!pg!Csfnfsupo-!PV>Fohjoffsjoh-! Ofe!Mfwfs DO>Ofe!Mfwfs Ebuf;!3133/13/1:!21;19;67.19(11( City Engineer / Public Works Director approved to process_________________________(Initials and Date) CONSULTANTTHE CITY OF BREMERTON By: By: Print Name:Raymond McNamaraPrint Name:Greg Wheeler_________ Its:PresidentIts:Mayor______________________ Date:Date: APPROVED AS TO FORM:ATTEST: By: By: KYLIE J. FINNELL,Bremerton City AttorneyANGELA HOOVER,City Clerk NOTICES TO BE SENT TO:NOTICES TO BE SENT TO: Attn: Deane Ramsdell Attn: Angela Hoover Materials Testing and Consulting City of Bremerton th 777 Chrysler Drive 345 6Street, Suite 100 Burlington, WA 98233 Bremerton, WA 98337-1891 R:\\Legal\\Legal\\Forms\\FORMS ON COBWEB\\Contract Modification Rev. 09 2021.docx Page 2 of 2 Contract Modification Rev. 09/2021 Date: January 27, 2022 Client Name: City of Bremerton Department of Public Works and Utilities William Davis Contact: Address: 3027 Olympus Drive, Bremerton, WA 98310 Phone:(360) 473-2312 Email: william.davis@ci.bremerton.wa.us Fax: Architect: City of Bremerton Based on Plans Dated: Feb 01, 2021 Project Name / Location: Oyster Bay Beach Sewer Upgrades- Kitsap Way(SR310) at Shorewood Drive, Weslon Place, Lower Oyster Bay Drive and Madrona Point Drive- Budget Increase Request Materials Testing & Consulting, Inc. (MTC) thanks you for the opportunity, and respectfully submits the following proposal to provide materials testing and special inspection services during construction of the above-referenced project. Combined with our past experience with projects of similar size and scope, we estimate the total cost of our services for this project to be: Special & Construction Inspection ItemUnitQuantityRateTotal IPD-S - Site Subgrade & Rock Course Compaction- for Full Depth Asphalt Paving Hour20$ 72.00$ 1,440.00 and All Concrete Flatwork-includes compaction of gravel pathways IPD-A - Asphalt Paving - includes overlays, drives and full depth 2350 tonsHour20$ 72.00$ 1,440.00 SAMPU - Sample Pickup if Required (Allowance)Hour1$ 72.00$72.00 Subtotal - Special & Construction Inspection:$ 2,952.00 Laboratory Testing ItemUnitQuantityRateTotal EXT - Asphalt Extraction with Gradation Each2$ 275.00$550.00 RICE - Rice Density- each paving day even on Commercial if compaction is desiredEach2$ 95.00$190.00 Subtotal - Special & Construction Inspection: $740.00 Project Management & Consulting Services ItemUnitQuantityRateTotal PM - Project ManagerHour3$ 90.00$270.00 Subtotal - Project Management & Consulting Services:$270.00 Budget Estimate for Services - Total: $ 3,962.00 •Prices are subject to change if this agreement is not executed within 90 days from the date of the bid. •All services will be provided on a time and materials basis. The total is an estimate and the actual construction cost will be based on the project schedule and sequencing. The estimate is not a guaranteed price. A four hour minimum charge applies to all work performed, billing is also based on a portal to portal basis. A premium rate of 1.5 times the regular rate will be charge for overtime and 2 times the regular charge for Sunday's and holidays. •MTC will utilize the laboratory based closest to the project site. MTC offers additional services upon request which will be billed at our regular fee schedule. Acceptance of this proposal will constitute agreement to MTC standard general terms and conditions. •Invoices are due and payable upon receipt. Any invoice not paid within thirty (30) days of the date rendered may be assessed a finance charge of one-and-one-half (1½%) percent per month, for each month beyond thirty (30) days past due. Invoices not paid within sixty (60) days of the date rendered may result in MTC stopping work until such invoices are paid in full. Invoices not paid within ninety (90) days of the date rendered may be referred to an independent company for collection. Client will be responsible for all expenses incurred by MTC for the collection of any unpaid invoice(s), including collection fees, actual attorneys’ fees, and costs for legal counsel as stated in RCW 19.16.250.21. Furthermore, Client acknowledges that MTC may elect to withhold a Final Letter of Compliance for the project, and/or place a lien on any real property until all outstanding invoices and/or fees have been paid in full. •In closing, our experienced inspection staff will ensure the highest level of quality is brought to your project. We believe that our local staff and vast experience on projects of similar size and scope make MTC the clear team member of choice for this project. We look forward to working with you. Respectfully Submitted, Client Authorized Signature Deane Ramsdell 360.508.6336 24/7 Printed Name & TitleDate Page 1 of 1 EXHIBIT B Oyster Bay Beach Sewer Upgrade Contract with Materials Testing and Consulting CONTRACT MODIFICATION #1 SUMMARY SHEET – February 2022 Cost Item Amount Budget for add’l MTC services$3,962 Management Reserve $3,500 TOTAL for Contract Modification#1$7,462 Original Contract Amount $24,696 Contract Modification #1$7,462 Revised Contract Amount $32,158 ** Management Reserve to only be used upon written authorization of the City Project Manager AGENDA BILL CITY OF BREMERTON A11 CITY COUNCIL SUBJECT: Study Session Date: February 23, 2022 Contract Modification Agreement No. 1 with COUNCIL MEETING Date: March 2, 2022 Parametrix, Inc. for the Gorst Sewer Water Department: Engineering Hammer Analysis Presenter: Bill Davis Phone: (360) 473-2312 SUMMARY: Contract Modification No. 1 amends the Professional Services Agreement with Parametrix to perform an analysis of the Gorst wastewater infrastructure. This critical infrastructure includes three force mains, three pump stations, and conveys sewage over 3 Wastewater Treatment Plant. The original agreement provided a water hammer analysis of the system and this amendment will build on this analysis by evaluating different scenarios and additionally provide recommendations for surge protection, pump station and force main operation, and maintenance recommendations and procedures. The original agreement was for $24,111.39. This amendment will increase the contract amount by $18,710.56 for an amended contract amount of $42,821.95. ATTACHMENTS: 1. Contract Modification Agreement No. 1 with Exhibit A (scope) and Exhibit B (fee) FISCAL IMPACTS (Include Budgeted Amount): This Contract is included in the 2022 Wastewater Operations Budget. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve Contract Modification Agreement No. 1 with Parametrix for the Gorst Sewer Water Hammer Analysis in the amount of $18,710.56 for an amended contract amount of $42,821.95; 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 CONTRACT MODIFICATION AGREEMENT NO. 1 BETWEEN THE CITY OF BREMERTON ANDPARAMETRIX PROJECTGorst Sewer Water Hammer Analysis CONSULTANTParametrix, Inc. DATEFebruary9, 2022 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE GorstSewer Water Hammer AnalysisAGREEMENT (the "Contract") entered into between the City ofBremertonandParametrix, Inc. on June 28, 2019. All provisions in the Contract shall remain in full force andeffect except as expressly modified by this document. For valuable consideration and by mutual consent of theparties, the modifications to the Contract areas follows: I. Section I. Scope, is modified as follows:See additional scopeattached as Exhibit A. SectionII. Term, is modified as follows: TheConsultantshall complete the work described in this ContractModificationAgreementby , 2022. SectionIII. Compensation, is modified as follows: The original contract amount was $24,111.39.The City shall pay the Consultant fortheadditional work describedabove, based on time and materials, an amount not toexceed $18,710.56 fora total amended contract amount of$42,821.95,including this Contract Modification. See Exhibit B. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant’s claims for contract time and for all costs of any kind, including without limitation, costs of delaysrelated to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City’s right to bring a claim for past performance. The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. Page 1 of 2 Contract Modification Rev. 09/2021 This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract.In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modificationon the day and year first written above. City Engineer / Public Works Directorapproved to process_________________________(Initials and Date) PARAMETRIX, Inc.THE CITY OF BREMERTON By: By: Print Name:JC Hungerford Print Name:Greg Wheeler_________ Its: Water Division Manager Its:Mayor______________________ Date:Date: APPROVED AS TO FORM:ATTEST: By: By: KYLIE J. FINNELL,Bremerton City AttorneyANGELA HOOVER,City Clerk NOTICES TO BE SENT TO:NOTICES TO BE SENT TO: Attn: Joel Linke Attn: Angela Hoover Parametrix, Inc. City of Bremerton th 60 Washington Ave, Suite 390 345 6Street, Suite 100 Bremerton, WA 98337 Bremerton, WA 98337-1891 R:\\Legal\\Legal\\Forms\\FORMS ON COBWEB\\Contract Modification Rev. 09 2021.docx Page 2 of 2 Contract Modification Rev. 09/2021 EXHIBIT A–AMENDMENT 1 SCOPE OF WORKFOR GORST SEWER WATER HAMMER ANALYSIS Goal :Provide additional evaluation of the Gorst sewer forcemains and pump stations SB1, SB3, and SB4;and provide additional evaluation and recommendations for air valves and/or surge tanks for the system. Approach: SB1 InflowEvaluation:Provide short written summary of calculated peak hour inflow for SB1 basedon: o City’s description of 240 homes from the Bayside development and 380 homes from the Sinclair development. o Assumed water usage rate of 200 gpd per home. o Peaking factor of 4. SB1 Pump Modifications: If the rated capacity of the pump station can be reducedbased on the SB1 inflow evaluation,evaluate the following: o Reduction in pump impeller diameterto produce the reduced flow. o A combination of impeller diameter reductionand reduction of pump speed via the existingVFD can produce the reduced flow. o Note that the minimum recommended flow for SB1 will be approximately 650 gpm, which is the flow required to maintain a minimum scour velocity of 3.0 ft/s in the 10” forcemain. Forcemain Selection: Based on the recommended reduced flowatSB1, provide recommendation(s) for which forcemains to use in normal operationbased onreaching minimum scour velocityand staying below maximum velocities as recommended by Department of Ecologyand based on residence time in the forcemains: o Evaluateforcemain operation for SB3 operating intoonly the 8-inch forcemain. o Evaluateforcemain operation recommendation for SB1 and SB4 operating in 10- inch forcemainonly. o As sewer residence time in forcemainsincreases, potential for odors and corrosion increases as well. Forcemains are typically designed to cycletheir volume (factor of diameter and length) at least 3 times per day to help reduce potential for odors and corrosion in the forcemain, discharge manhole, and downstream system. System Curves: Provide system curves covering the range of recommended pumping/forcemain scenarios. Water Hammer Protection:Based on the recommended pump station and forcemain operation above, provide the following additional model evaluation: o Evaluatewater hammerprotection with: 10-inch FM operation only(only needed if flow from SB1increases from the previous evaluation): Only vacuum relief valvesfor along forcemain, identifying critical air valves Only the existing surge tank atSB1 City of Bremerton / Parametrix February 2022 Gorst Sewer Water Hammer Analysis Page 1 of 2 Amendment 1 – Exhibit A If 8-inch FM only operation is recommended: Only vacuum relief valves for along forcemain, identifying critical air valves Adding a surge tank at SB3 o Recommended water hammer protection redundancyconsidering the following alternatives: Dual vacuum relief valves at critical locations Use of surge tank and single vacuum relief valves at critical locations Addition of surge tank(s), and ignoring vacuum relief valves along forcemains for protection Air Valves: o Having identified thecritical air valves,evaluate pros/cons/risks and costs for the followingoptionsin technical memorandumfor their replacement: Compare mounting combination air valves on the top of the forcemain versus mounting an air release valve on the top of the forcemain and a vacuum relief valve off the springline of the pipe. Evaluate elimination of odor controlcannisters at the valves, but providing the ability to add odor control in the future. If eliminated,City staff would observe operation to determineif there are any odor complaints. Providetype, size and conceptual arrangement of proposed carbon canisters on air valves. Operation and Maintenance: Summarizemaintenance recommendations for proposed and existing water hammer protection related equipment, such as air valves,surge tanks, and odor control.Include information related to the use,maintenance, and redundancy. Technical Memorandum:Summarize findings in a draft and final technical memorandum with engineer’s opinion of probable construction costs. Review Conference Calls:Two conference callswith City staff using exhibits to discuss potential improvementsprior to issuing final memorandum–up to 1houreach. A Management Reserve of $3500 has been included for any additional evaluation that is subsequently identified. This reserve shall only be used upon written authorization by the City. Deliverables: Draft and Final Technical Memorandumwith engineer’s opinion of construction costs. City of Bremerton / Parametrix February 2022 Gorst Sewer Water Hammer Analysis Page 2 of 2 Amendment 1 – Exhibit A