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HomeMy WebLinkAbout03/02/2022 CITY COUNCIL AGENDA PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 WEDNESDAY, MARCH 2, 2022 CITY COUNCIL Virtual/Live Stream MEETING AGENDA To help reduce the spread of COVID-19, the City Council is conducting a virtual meeting. The Chambers will be closed, and all Council Members and staff will be participating in the meeting remotely. The public is invited to view and/or participate in the Council Meeting through one of the following options:  To stream online only (via BKAT Feed, with no interaction possible): https://bremerton.vod.castus.tv/vod/?live=ch1&nav=live  Members of the public are invited to join the Zoom Meeting by clicking on the link below: https://us02web.zoom.us/j/87823933029?pwd=WEFiekxkWll0S1RyM042N1dBb0RRUT09  Or One tap mobile: US: +12532158782,,87823933029#,,,,*408318# or +16699006833,,87823933029#,,,,*408318#  Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 215 8782 or +1 669 900 6833 or +1 346 248 7799 or +1 301 715 8592 Webinar ID: 878 2393 3029 Passcode: 408318 Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us 1. CALL TO ORDER: 5:30 P.M. 2. MAYOR'S REPORT 3. PUBLIC RECOGNITION 4. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting – February 16, 2022 C. Minutes of Study Session – February 23, 2022 D. 2021 – 2023 Biennial Water Quality Stormwater Capacity Grant Agreement with WA State Department of Ecology E. Professional Services Agreement with Aspect Consulting, LLC for Union River Supply Firm Yield Analysis F. Goods and Services Agreement with Petrocard, Inc. for the Purchase of Gasoline, Related Products, and Fuel Supply Services G. Public Works Emergency Response Assistance Mutual Aid Agreement (Emergency Proclamation) H. Public Works Emergency Response Assistance Mutual Aid Agreement (No Emergency Proclamation) Continued on next page… I. Goods and Services Agreement with Centrisys-CNP for a Sole Source Purchase of a Complete Rotating Assembly for the Wastewater Treatment Plant Centrifuge J. Contract with Michels Corporation for the 2022 Sewer Rehabilitation Project K. 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 L. Contract Modification Agreement No. 1 with Materials Testing and Consulting for the Oyster Bay Beach Sewer Upgrades Project M. Contract Modification Agreement No. 1 with Parametrix, Inc. for the Gorst Sewer Water Hammer Analysis 5. GENERAL BUSINESS A. Ordinance No. 5446 adding Subsection 7.15.010(cc) of the Bremerton Municipal Code (BMC) entitled “Failure to Provide Adequate Care” 6. COUNCIL MEMBER REPORTS 7. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: March 2, 2022 Department: Legal Services Presenter: Angela Hoover Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 397156-397343 and Electronic Fund Transfers V34668-V34759 in the grand total amount of $2,039,708.85 2. Regular Payroll for pay period ending February 15, 2022 in the amount of $964,518.14 3. Regular Payroll Payout for pay period ending February 15, 2022 in the amount of $5,335.99 4. Retiree Payroll for pay period ending February 28, 2022 in the amount of $51,942.26 ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 4A AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting – February 16, 2022 Study Session Date: N/A COUNCIL MEETING Date: March 1, 2022 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Meeting held on February 16, 2022 are attached. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ N/A STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the February 16, 2022 Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 4B 2 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, February 16, 2022 A virtual meeting of the City Council of the City of Bremerton was called to order Wednesday, February 16, 2022, at 5:30 PM with Council President Michael Goodnow presiding. Council Members present were Eric Younger, Mike Simpson, Quinn Dennehy, Jeff Coughlin, Leslie Daugs, and Jennifer Chamberlin. Also present were City Attorney Kylie Finnell; City Clerk Angela Hoover; Legislative Office Manager Lori Smith; and IT Systems Administrator Kelly Wells. President Goodnow announced that the City Council is conducting a virtual meeting, which will remain in effect until further notice. MAYOR’S REPORT Mayor Wheeler provided the highlights of the “Keep WA Rolling Transportation Package”. PUBLIC RECOGNITION Questions and comments from the public were provided by Visit Kitsap Peninsula Director Beth Javens (who directed interested persons to preservewa.org/ahoy); and Anna Mockler… CONSENT AGENDA 4A – Claims & Check Register: Check Numbers 396985 through 397155; and EFT-V34589 through EFT-V34667 in the grand total amount of $3,817,058.38; Regular Payroll (Payout) for pay period ending January 15, 2022 in the amount of $311.91; Regular Payroll for the pay period ending January 31, 2022 in the amount of $933,187.96; and Retiree Payroll for pay period ending January 31, 2022 in the amount of $51,942.26 4B – Minutes of Meeting – February 2, 2022 4C – Minutes of Study Session – February 9, 2022 4D – Professional Services Agreement with FCS Group for 2022 Utility Cost of Service and General Facility Charges (GFC) Update 4E – Acceptance of WA State Transportation Improvement Board (TIB) Grant; and Fuel Tax Grant Agreement for E.11th Street & Wheaton Way Sidewalk Gap Improvement Project 4F – 2022 Excess Workers’ Compensation Insurance with Midwest Employers Casualty Company 4G – Professional Services Agreement with Bremerton Housing Authority for City of Bremerton 2022 Rental Assistance Program 4H – Acceptance of Housing Action Plan Implementation Grant; and Interagency Agreement with WA State Department of Commerce for Development of Cottage Housing Ordinance 4I – Acceptance of WA State Transportation Improvement Board (TIB) Grant; and Fuel Tax Grant Agreement for the Washington Avenue & 11th Street Roundabout Project 4J – Public Works Agreement with Vet Industrial, Inc. for Northlake Way Pressure Reducing Valve Relocation Project 4K – Public Works Agreement with Pro-Pipe, Inc. for 2022 Sanitary and Storm Sewer Cleaning and Video Inspection Project 4L – Master Services Agreement with Wave Business Solutions, LLC for Wastewater Treatment Plant (WWTP) Treatment Plant Dark Fiber and SCADA Upgrade Project 4M – Professional Services Agreement with Presidio Networked Solutions Group, LLC for purchase of Cisco hardware for WWTP Dark Fiber and SCADA Upgrade Project City Council Reg. Mtg. Minutes Wednesday, February 16, 2022 Page 2 of 3 4N – Reclass vacant Asset Manager Position from Grade 12 to Grade 15 of the Management Professional, Confidential & Fiduciary Salary Plan Questions from the public were asked by Anna Mockler, with responses provided by City Planner Garrett Jackson (Item 4H); and Public Works Director Tom Knuckey (Item 4N)… 5:50 M/S/C/U (Daugs/Coughlin) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 5A – KITSAP COUNTY FIRE CHIEFS SHARED STAFFING INTERLOCAL AGREEMENT: Fire Chief Pat McGanney explained that the purpose of this agreement is for the Bremerton Fire Department to work cooperatively with other Kitsap County Fire Agencies to request and provide the resources necessary to maintain emergency response staffing service levels. There were no questions or comments from the public … 5:53 Motion was made by Daugs; and seconded by Chamberlin… Questions and comments were provided by Daugs, Younger, and Simpson; with responses provided by Chief McGanney… 6:09 Motion to postpone this item was made by Simpson; and seconded by Younger… Questions were provided by Daugs and Chamberlin; with responses provided by Chief McGanney, Mayor Wheeler, and Council President Goodnow… 6:20 Postpone/S/F (Simpson/Younger) Move to postpone consideration of this Motion to the first Council Meeting in November, on Wednesday, November 2, 2022 Voted to Postpone: Simpson, Younger Voted not to Postpone: Coughlin, Dennehy, Chamberlin, Daugs, Goodnow Motion to Postpone Failed: 2-Yes; and 5-No 6:21 M/S/C (Daugs/Chamberlin) Move to approve the Kitsap County Fire Chiefs Shared Staffing Interlocal Agreement; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. Voted in favor of Motion: Daugs, Coughlin, Dennehy, Chamberlin, Goodnow Voted opposed to Motion: Simpson, Younger Motion carried: 5-Yes; and 2-No 5B – CONTRACT MODIFICATION AGREEMENT NO.1 WITH MERCHANT PATROL SECURITY SERVICES, INC. FOR SECURITY SERVICES: Internal Services Manager Chris Mottner summarized that approval of the Contract Modification Agreement with Merchant Patrol Security Services, Inc. includes a negotiated wage increase for COLA and insurance increases, a contract extension for two additional years, and for additional security patrols and services at the City’s Parking Facilities and Garages. The security patrol enhancements include starting foot patrols at the Washington Avenue Garage at 5:00 PM and adding an additional Security Officer to provide foot patrols for all the City Parking Garages. With this contract amendment, the frequency of security patrols at the City’s Parking Garages will increase to 7-days per week between the hours of 5:00 PM – 4:00 AM and will essentially double the previous patrol coverage. Questions and comments from the public were provided by Neal Ennis, Anna Mockler, Jeff Campbell, and Ki’aha Long; with responses by Mr. Mottner… 6:32 Motion was made by Chamberlin; and seconded by Coughlin… Questions and comments were provided by Chamberlin, Coughlin, Daugs, and Goodnow; with responses provided by Mr. Mottner and Police Chief Tom Wolfe… City Council Reg. Mtg. Minutes Wednesday, February 16, 2022 Page 3 of 3 6:49 M/S/C/U (Chamberlin/Coughlin) Move to approve the Contract Modification Agreement with Merchant Patrol Security Services, Inc. and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL MEMBER REPORTS Mike Simpson enjoyed a performance of “Death of a Salesman” with his wife on Valentine’s Day at the Bremerton Community Theatre and encouraged anyone else who might get a chance to see it before the last showing next Sunday, February 27. Jeff Coughlin reported on his attendance at several past community meetings including neighborhood and group meetups; while he looked forward to several upcoming meetings including the Broadband, Internet, & Cable Communications Virtual Open House on February 24. Leslie Daugs cautioned drivers to be careful now that schools are in session. Jennifer Chamberlin encouraged residents to take advantage of having their own garden plot at Blueberry Park, which are offered at a very reasonable price, and the water is provided by City! Michael Goodnow announced the Charleston Clean-Up on Saturday, April 23 at 9:00 AM. President Goodnow provided a reminder that until further notice, meetings will continue to be held remotely, including the Study Session on February 23 that will begin at 5:00 PM. With no further business, President Goodnow adjourned the Council Meeting at 7:00 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 2nd day of March, 2022. ________________________________________ MICHAEL GOODNOW , City Council President Attest: ________________________________________ ANGELA HOOVER, City Clerk MG:AH:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session – February 23, 2022 Study Session Date: N/A COUNCIL MEETING Date: March 2, 2022 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Study Session held on February 23, 2022 are attached. ATTACHMENTS: Study Session Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ N/A STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the February 23, 2022 Study Session Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 4C 2 CITY COUNCIL STUDY SESSION MINUTES Wednesday, February 23, 2022 A virtual Study Session of the City Council of the City of Bremerton was called to order on Wednesday, February 23, 2022 at 5:00 PM, with Council President Michael Goodnow presiding. Other Council Members present were Eric Younger, Anna Mockler, Quinn Dennehy, Jeff Coughlin, Leslie Daugs, and Jennifer Chamberlin. Also present were Legislative Office Manager Lori Smith and IT Network Engineer Hans Nilsson. President Goodnow established that to help reduce the spread of COVID-19, and until the Norm Dicks Government Center is open to the public, the City Council is conducting the Study Session via Zoom, and all Council Members and staff will be participating remotely; announced that tonight’s Agenda was amended to add Item D; welcomed District 6 Council Member Anna Mockler to the Bremerton City Council; and presented a plaque to recognize Mike Simpson for his service as a Council Member from January 1, 2020 to February 18, 2022… He further established that the Study Session is open for the public to listen-in, 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 City Council Virtual Meeting Agenda… A. BRIEFINGS on AGENDA BILL ITEMS 1. 2021–2023 Biennial Water Quality Stormwater Capacity Grant Agreement with WA State Department of Ecology Consent Agenda 2. Professional Services Agreement with Aspect Consulting, LLC for Union River Supply Firm Yield Analysis Consent Agenda 3. Goods and Services Agreement with Petrocard, Inc. for the Purchase of Gasoline, Related Products, and Fuel Supply Services Consent Agenda 4. Ordinance adding Subsection 7.15.010 (cc) to the Bremerton Municipal Code (BMC) entitled “Failure to Provide Adequate Care” General Business 5. Public Works Emergency Response Assistance Mutual Aid Agreement (Emergency Proclamation) Consent Agenda 6. Public Works Emergency Response Assistance Mutual Aid Agreement (No Emergency Proclamation) Consent Agenda 7. Goods and Services Agreement with Centrisys-CNP for a Sole Source Purchase of a Complete Rotating Assembly for the Wastewater Treatment Plant Centrifuge Consent Agenda 8. Contract with Michels Corporation for the 2022 Sewer Rehabilitation Project Consent Agenda 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 Consent Agenda 10. Contract Modification Agreement No. 1 with Materials Testing and Consulting for the Oyster Bay Beach Sewer Upgrades Project Consent Agenda 11. Contract Modification Agreement No. 1 with Parametrix, Inc. for the Gorst Sewer Water Hammer Analysis Consent Agenda City Council Study Session Minutes Wednesday, February 23, 2022 Page 2 of 2 B. GENERAL COUNCIL BUSINESS o Race Equity Advisory Committee Monthly Briefing (Last Meeting 2/10/22) – Chair Quinn Dennehy o Public Works Committee Monthly Briefing (Last Meeting 2/15/22) – Chair Eric Younger o Finance, Investment & Parking Committee Monthly Briefing (Last Meeting 2/22/22) – Vice Chair Jennifer Chamberlin o Other General Council Business was briefly discussed; including a reminder to Council Members to provide their proposed topics for consideration by Monday, February 28 for the Annual Joint Planning Session with Mayor Wheeler and Department Directors scheduled to take place on Saturday, March 19. President Goodnow announced that 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; and reminded the public that all meetings will be held remotely until further notice, including the next Council Meeting on Wednesday, March 2, 2022, beginning at 5:30 PM. With no further business, the Study Session was adjourned at 6:35 PM. Prepared and submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 2nd day of March, 2022. MICHAEL GOODNOW , Council President ATTEST: ______________________________ ANGELA HOOVER, City Clerk MG:AH:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: February 23, 2022 2021 – 2023 Biennial Water Quality Stormwater Capacity Grant Agreement with WA State Department of Ecology COUNCIL MEETING Date: March 2, 2022 Department: PW&U Presenter: Chance Berthiaume Phone: (360) 473-5929 SUMMARY: Department of Ecology is 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: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to accept the 2021-2023 Biennial Stormwater Capacity Grant with the Washington State Department of Ecology; 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 4D AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: February 23, 2022 Professional Services Agreement with Aspect Consulting, LLC for Union River Supply Firm Yield Analysis COUNCIL MEETING Date: March 2, 2022 Department: Public Works & Utilities Presenter: Teresa Smith Phone: (360) 473-2347 SUMMARY: This agreement provides an update to the Water Utility’s Union River firm yield analysis and Minimum Desired Reservoir Level Curve, both critical to the management of the City’s surface 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 4E Page 1 of 14 Bremerton/Aspect Consulting, LLC Union River Supply Firm Yield Analysis Rev. 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.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section X.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $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 process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Page 2 of 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 Agreement except for that portion of the injuries and damages caused by the City’s sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant’s services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE Page 3 of 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 Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which may be provided on a “claims-made” basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. Page 4 of 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 certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. In the event that the Consultant employs other consultants or contractors (sub-consultants or sub-contractors) as part of the work covered by this Agreement, it shall be the Consultant’s responsibility to require and confirm that each sub-consultant or sub-contractor meets the minimum insurance requirements specified above. The Consultant shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (“GAAP”) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in 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 5 of 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 by the 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 of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in 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 sent to: Notices to be sent to: CITY: CONSULTANT: Attn: Cami Apfelbeck Attn: Owen Reese City of Bremerton Aspect Consulting, LLC 100 Oyster Bay Ave N 710 2nd Avenue, Suite 550 Bremerton, WA 98312 Seattle, 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 6 of 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- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party’s sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. Page 7 of 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 it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON Aspect Consulting, LLC By: By: Print Name: Greg Wheeler Print Name: Owen Reese, P.E. Its: Mayor Its: Principal Water Res. Engineer Date: Date: Page 8 of 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 Attorney Angela Hoover, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev. 09 2021.docx Page 9 of 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 dam in 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 hydrologic regime 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 (80 hours, $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 and inflow 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 10 of 14 Bremerton/Aspect Consulting, LLC Union River Supply Firm Yield Analysis Rev. 09/2021 The analysis of precipitation and inflow data 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 1 will 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. • Use downscaled 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. • Provide a 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 2 will 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 Peak analytical 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 11 of 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 3 will 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 option based 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 Casad Reservoir 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., Twin Lakes). The systems model will be completed on a monthly time step and include the maximum number of water years with adequate available data (anticipated to be 1956 to present). Operations of Casad Reservoir will be simulated using a rule curve that 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 scenarios and 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 develop firm yield estimates for the same scenarios identified in Task 3. Page 12 of 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 three primary 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 13 of 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, 2022 or November 1, 2022 if Task 3B is included. Page 14 of 14 Bremerton/Aspect Consulting, LLC Union River Supply Firm Yield Analysis Rev. 09/2021 EXHIBIT C FEE SCHEDULE AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: February 23, 2022 Goods and Services Agreement with Petrocard, Inc. for the Purchase of Gasoline, Related Products, and Fuel Supply Services COUNCIL MEETING Date: March 2, 2022 Department: PW&U 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, and for bulk delivery to the City’s three fire stations. 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 4F Page 1 of 14 Goods and Services Agreement Rev. 06/2020 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” means an approval, clearance, registration, franchise, right, privilege, 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) “Delivery” means the completion of delivery of the Products ordered in a particular Order. (e) “Delivery Date” has the meaning ascribed to such term in Section 2.1. (f) “Delivery Location” has the meaning ascribed to such term in Section 2.1. (g) “Effective Date” has the meaning ascribed to such term in Section 3. (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) “Emergency Delivery Fee” 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 2 of 14 Goods and Services Agreement Rev. 06/2020 2.1, which may be titled “Purchase 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 (the “Delivery Date”), and the location or address to which they are to be delivered (the “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 3 of 14 Goods and Services Agreement Rev. 06/2020 each Emergency Delivery is subject to an Emergency Deliver y Fee. A delivery to two (2) or more tanks will only incur one Emergency Delivery Fee if 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 (“Catastrophic Event”). 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 (“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 (“Effective Date”) 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 4 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 Vendor’s option, there may be a per gallon charge for Winter Additive during the months of November through March. At Vendor’s discretion the time frame for Winter Additive may be extended based 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 5 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 (“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 Delivery Fee”) 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 delivery (“Emergency Delivery Fee”) per 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 6 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 monthly within ten (10) days of receipt. 4.10 Reporting. Vendor’s cost records (Daily Tacoma OPIS contract average rack price) for 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 “Reporting” system 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 vehicle (numbering must match the City’s vehicle numbering system and 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 an electronic format which can easily be inputted into the City’s asset 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’s 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 7 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 comply with federal, state or local laws, rules or regulations. e. The Vendor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this Agreement for Good Cause, the Vendor shall not receive any further monies due under this Agreement until the goods, materials, and services required by this Agreement are completed and fully performed by the City or a third party of the City’s choosing. 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: 7.1 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: 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 circumstances that 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 8 of 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 9 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 of this Agreement. Vendor’s obligation to indemnify shall not extend to that portion of damages caused by the City’s sole negligence 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 VENDOR’S INDEMNIFICATION OF THE CITY BUT NOT IN REGARDS TO VENDOR’S 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 10 of 14 Goods and Services Agreement Rev. 06/2020 D. Professional Liability insurance 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 All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which shall be provided on a “claims-made” basis. 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 to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insu rance 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 11 of 14 Goods and Services Agreement Rev. 06/2020 3. Specifications - Scope of Work 4. Terms and Conditions 5. Vendor’s 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. Vendor’s 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. Vendor shall file a “Statement of Intent to Pay Prevailing Wages” with the State of Washington Department of Labor & Industries prior to commencing the contract work. Vendor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. 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 per formance 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 12 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 City’s tanks and cannot be held responsible for leaks or releases from those tanks as the result of 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. 345 6th 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 13 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 commits an entity with a purchasing cooperative agreement from [The City of Bremerton]’s awarded contractor, nor does it guarantee any additional orders will result, it does allow entities, at their discretion, to make use of the City of Bremerton’s competitive process (provided said process satisfies 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 14 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 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. April 1, 2022 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. Daily Tacoma OPIS Contract average price 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. Daily Tacoma OPIS Contract average price. 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 Service Division at: City of Bremerton Public Works & Utilities 104 Oyster Bay Ave. N. Bremerton, WA 98312 98337 98312 98310 EXHIBIT B - PRICE SCHEDULE - REVISED Item No. Description PIN/Vehicle Assignment Method Described Reporting compliance with Section B of Exhibit A Margin above/below Average OPIS Daily or PADD 5 Report price listed for West Coast as of 10/5/2020 per gallon Soonest arrival time for will call or emergency response delivery (i.e. 2 hours) Delivery Price of 10/5/2020 Price per gallon Annual Price 1 Card Lock System 2 System Setup 3 Diesel (OPIS Rack price x OPIS multiplier) 4 Biodiesel (OPIS Rack price x OPIS multiplier) 5 Unleaded (OPIS Rack price x OPIS multiplier) 6 Bulk Fuel and Lubricant Delivery 6 a Bulk Fuel type 2 and Lubricant Delivery 7 Emergency Fuel and Lubricant Delivery and Service clear form Keep Full Olympic Region PricingFueling at the Fire Stations ‐ Bulk KBT ScooterJ Petrocard Margin Bulk Delivery Feesmargin per gallon margin per gallon margin per gallon margin per gallon GasolineUnleaded All Types $0.00 $0.18$0.00 $0.30Diesel ULSD #1 and 2 Clear /Dyed, B5, and B10 $0.00 $0.18$0.00 $0.30Delivery Drop fee all miles$1,150.00$200.00$0.00 $0.00Will Call ‐ Non‐Routine Delivery66‐98 mile delivery $100.00 $250.00Fueling in the Field ‐ Bulk Non‐Routine Delivery KBT ScooterJ Petrocard Margin Bulk Delivery Feesmargin per gallon margin per gallon margin per gallon margin per gallonGasoline All Types$0.00 $0.18$0.00 $0.30Diesel ULSD #1, #2, B5, and B10 $0.00 $0.18$0.00 $0.30Delivery Drop fee all miles$1,250.00 $200.00If under 100 gallons$0.00 $100.00Emergency Delivery66‐98 mile delivery $100.00$250.00 Bulk Delivery Fee + $0.00 $150.00City of Bremerton Petrocard PricingDES contract  08721  AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: February 23, 2022 Public Works Emergency Response Assistance Mutual Aid Agreement (Emergency Proclamation) COUNCIL MEETING Date: March 2, 2022 Department: Public Works & Utilities 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 Emergency Proclamation (under RCW 39.34). This “Emergency Proclamation” agreement is 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 4G GCB 3L87 (Emergency Proclamation) PUBLIC WORKS EMERGENCY RESPONSE ASSISTANCE MUTUAL AID AGREEMENT This Agreement is between those Government Agencies (local, county, tribal or state), herein after "Agency" or "Agencies," that have executed the Agreement, as indicated by the signatures at the end of this document. 1. The purpose of this pre-disaster agreement between the Agencies is to provide for immediate assistance to protect life and property. 2. This Agreement is authorized under Washington State Chapter 38.52 RCW (Emergency Management),; which is activated only in the event of a proclamation of an emergency by the local, county, tribal and/or state government approving authority. 3. The parties to this Agreement are responsible for the construction and maintenance of public facilities such as street, road, highway, sewer, water, and related systems during routine and emergency conditions. 4. Each of the parties owns and maintains equipment, and employs personnelwho are trained to provide service in the construction and maintenance of street, road, highway, sewer, water, and related systems and other support. NOW, THEREFORE, pursuant to Chapter 38.52 RCW and in consideration of the terms, conditions, and performances contained herein, the recitals as stated above, and the attached Exhibits which are incorporated and made a part hereof,: It is Mutually agreed as follows 1. Request lf confronted with an emergency situation requiring personnel, equipment or material not available to it, the requesting party (Requestor) may request assistance from any of the other parties who have executed this Agreement. The Requestor may make the Emergency Response Assistance (Work) request by contacting the Designated Primary Contact of a participating Agency, from the list of Office of Emergency Management (OEM) signatory Agencies, by phone or email. 2. Response Upon receipt of such request, the party receiving the request (Responder) shall immediately take the following action: A. Determine whether it has the personnel, equipment, or material available to respond to the request. GCB 3187 Page 1 of 5 B. Determine what available personnel and equipment should be dispatched and/or what material should be supplied. C. Dispatch available and appropriate personnel and equipment to the location designated by the Requestor. D. Provide appropriate access to the available material. E. Advise the Requestor immediately in the event all or some of the requested personnel, equipment, or material is not available. NOTE: lt is understood that the integrity of dedicated funds needs to be protected. Therefore, Agencies funded with road funds are limited to providing services for road activities, sewer funds are limited to providing services for sewer activities and so on. 3. lncident Commander The lncident Commander of the emergency shall be designated by the Requestor, and shall be in overall command of the operations under whom the personnel and equipment of the Responder shall serve. The personnel and equipment of the Responder shall be under the immediate control of a supervisor of the Responder. lf the lncident Commander specifically requests a supervisor of the Responder to assume command, the lncident Commander shall not, by relinquishing command, relieve the Requestor of responsibility for the incident. 4. Documentation Documentation of hours worked, and equipment or materials used or provided will be maintained on a shift by shift basis by the Responder, and provided to the Requestor as needed. 5. Release of Personnel and Equipment All personnel, equipment, and unused material provided under this Agreement shall be returned to the Responder upon release by the Requestor, or on demand by the Responder. 5. Compensation It is hereby understood that the Responder will be reimbursed (e.g. labor, equipment, materials and other related expenses as applicable, including loss or damage to equipment) at its adopted usual and customary rates. Compensation may include: A. Compensation for workers at the Responder's current pay structure, including call back, overtime, and benefits. B. Compensation for equipment at Responde/s established rental rate. C. Compensation for materials, at Responder's cost. Materials may be replaced at Requestor's discretion in lieu of cash payment upon approval by the Responder for such replacement. GCB 3187 Page 2 of 5 D. The Responding Agency shall submit a Mutual Aid Cost Recovery Submittal (Exhibit A) and itemized voucher of costs to the Designated Primary Contact of the Requesting Agency within sixty (60) days after completion of Work (RCW 38.52.080). Unless otherwise agreed, the Responding Agency shall receive reimbursement within ninety (90) days after the voucher submittaldate. (Note: after execution of the Agreement the participating Agency Designated Representative will be provided the electronic fillable pdf of Exhibit A) 7. lndemnification The Responding Agency shall have no responsibilities or incur any liabilities because it does not provide resources and/or services to any other party to this Agreement. A. All privileges, immunities, rights, duties and benefits of officers and employees of the Responding Agency shall apply while those officers and employees are performing functions and duties on behalf of the Requesting Agency, unless otherwise provided by law. Employees of the Responding Agency remain employees of the Responding Agency while performing functions and duties on behalf of the Requesting Agency (RCW 38.52.080). B. To the extent permitted by law, the Requesting Agency shall protect, defend, hold harmless and indemnify all other Responding signatory Agencies, and their officers and employees from any and all claims, suits, costs, damages of any nature, or causes of action, including the cost of defense and attorney's fees, by reason of the acts or omissions, whether negligent, willful, or reckless, of its own officers, employees, agency or any other person arising out of or in connection with any acts or activities authorized by this Agreement, and will pay alljudgments, if any, rendered. This obligation shall not include such claims, costs, damages or other expenses, which may be caused by the sole negligence of the Responding Agencies or their authorized agents or employees. 8. Worker Compensation Withholdings and Employer Liability Each party shall remain fully responsible as employer for all taxes, assessments, fees, premiums, wages, withholdings, workers compensation and other direct and indirect compensation, benefits, and related obligations with respect to its own employees. Likewise, each party shall insure, self- insure, or both, its own employees as required by Washington Revised Code of Washington (RCW) 9. The Agreement A. lt is understood that all parties may not execute this Agreement at the same time. lt is the intention of the parties that any governmental entity in the State of Washington may enter into this Agreement and that all parties who execute this Agreement will be considered to be equal parties to the Agreement. The individual parties to this Agreement may be "Requestor" or "Responde/s" as referred to in Section L. and 2. above, to all others who have entered this Agreement. GCB 3187 Page 3 of 5 B. Authorization and approval of this Agreement shall be in a manner consistent with the Agency's current procedures. This Agreement shall be effective upon approval by two or more Agencies and shall remain in effect as long as two or more Agencies are parties to this Agreement. Upon execution of this Agreement, the Agency shall send an original or a certified copy of the Agreement to the Washington State Department of Transportation, Office of Emergency Management (OEM). The OEM shall maintain a list of all signatory Agencies. 1) Written notice of intent to terminate this Agreement must be given to all other parties on the master list of parties at least 30 days prior to termination date. This notice shall automatically terminate the Agreement as to the terminating party on the date set out in the notice unless rescinded by that party in writing prior to that date. 2l Termination will not affect a party's obligations for payment arising prior to the termination of this Agreement. 10. Non-Exclusive This Agreement is not intended to be exclusive among the parties. Any party may enter into separate cooperative assistance or mutual aid agreements with any other entity. No such separate agreement shall terminate any responsibility under this Agreement. 11. Parties to This Agreement Participants in this Agreement are indicated on the following pages, one party per page lN WITNESS WHEREOF, the parties hereto have caused this Agreement for Public Works Emergency Response Assistance to be executed by duly authorized representatives as of the date of their signatures. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION ^.rcPasco Bakotich lll, P.Date State Maintenance Engineer Washington partment of Transportation (7 kwood Assista Attorney General Date GCB 3187 Page 4 of 5 lN WITNESS WHEREOF, the parties hereto have caused this Agreement for Public Works Emergency Response Assistance to be executed by duly authorized representatives as of the date of their signatures. Agency Jurisdiction Authorized Representative Date Designated Primary Contact: Office Contact Name:Phone Number; Email Emergency 24 Hour Phone Number: GCB 3187 Page 5 of 5 Contract Number:3862 Vendor:TRANSPORTATION - DEPT OF WA STATE) Subject:Mutual Aid - Public Works Emergency Response Department:PW - Ops File Class:LEG 12-1 Beqin Date:11/24/1997 End Date: Review Date:06/15/2010 Vault Date: Comments:In effect as long as two or more agencies are parties Review date for tracking only PUBLIC WORKS EMERGENCY RESPONSE MUTUAL AID AGREEMENT FOR SIGNATORY AGENCIES IN THE STATE OF WASHINGTON INTR OD UCTION The purpose of the Public Works Emergency Response Mutual Aid Agreement is to permit signatory agencies to make the most efficient use of their powers by enabling them to coordinate resources and to maximize funding reimbursement during disasters/emergencies. This Agreement will allow signatory agencies to support each other during disasters/emergencies to protect life and property, when the event is beyond the capabilities of the affected entity. This Agreement provides the mechanism for an immediate response to the Requesting Agency provided the Responding Agency has the resources and expertise necessary and available. When faced with a disaster or emergency, public works agencies have a responsibility to maintain service and recover in the most expedient way. This can best be accomplished by preparation, coordination and cooperation with other public works agencies. Agencies are charged with the responsibility of coordinating efforts and compiling damage and recovery information on disasters and then reporting to the appropriate authority. Then the State requests aid and assistance from the federal government. The following definitions for disaster and emergency are from the State Comprehensive Disaster Plan and were used in this Public Works Emergency Response Mutual Aid Agreement: Disaster - An event expected or unexpected, in which a community's available, pertinent resources are expended; or the need for resources exceeds availability; and in which a community undergoes severe danger; incurring losses so that the social or economic structure of the community is disrupted; and the fulfillment of some or all of the community's essential functions are prevented. Emergency - An event, expected or unexpected, involving shortages of time and resources; that places life, property or the environment, in danger; that requires response beyond routine incident response resources. The reference guide is designed to be useful to individual agencies during a proclaimed emergency - whether it be to borrow a piece of equipment for a specific job or request crews to assist in repair of a major failure. The reference guide will be updated and revised periodically, please insert the revisions immedia~e, ly. I PUBLIC WORKS EMERGENCY RESPONSE MUTUAL AID AGREEMENT WHEREAS, the purpose of this pre-disaster agreement between the agencies is to provide for immediate assistance to protect life and property; WHEREAS, this Agreement is authorized under State of Washington, RCW's 35 City), 36 (County), 38.52 (Emergency Management), 39.34 (Interlocal Agreement) and 47 (Public Highway Transportation (DOT)); which is activated only in the event of a proclamation of an emergency by the local and/or state government approving authority; WHEREAS, the agency asking for assistance from any signatory agency will herein be referred to as the Requesting Agency; WHEREAS, the signatory agency agreeing to assist another signatory agency asking for assistance will herein be referred to as the Responding Agency; WHEREAS, it is necessary and desirable that this Agreement be executed for the exchange of mutual aid; with the intent to supplement not supplant agency personnel. NOW, THEREFORE, it is hereby agreed by each and all of the parties signatory to the Agreement as follows: 1. Each agency signatory to this Agreement agrees to furnish, upon its sole discretion, those resources and services it deems to be available to each other signatory agency hereto as necessary to assist in the prevention, response, recovery and mitigation of proclaimed emergencies/disasters. 2. It is hereby understood that this Agreement shall not supplant pre-existing mutual aid agreements nor deny the right of any agency hereto to negotiate other mutual aid agreements. 3. The Responding Agency shall assist in only those situations for which it has determined it has qualified personnel, appropriate equipment and necessary materials. Resources of the Responding Agency that are made available to the Requesting Agency shall, whenever possible, remain under the control and direction of the Responding Agency. The Requesting Agency shall coordinate the activities and resources of all Responding Agencies. A 4. It is hereby understood that the Responding Agency will be reimbursed (e.g., labor, equipment, materials and other related expenses as applicable, including loss or damage to equipment) at its adopted usual and customary rates. The Responding Agency shall submit an itemized voucher of costs to the Executive Head of the Requesting Agency within sixty (60) days after completion of work RCW 38.52.080). Unless otherwise agreed, the Responding Agency shall receive reimbursement within ninety (90) days after the voucher submittal date. 5. The Responding Agency shall have no responsibilities or incur any liabilities because it does not provide resources and/or services to any other party to this Agreement. The Responding Agency shall retain the right to withdraw some or all of its resources at any time. Notice of intention to withdraw' shall be communicated to the Requesting Agency's designated official, or the official's designee, as soon as practicable. 6. All privileges, immunities, rights, duties and benefits of officers and employees of the Responding Agency shall apply while those officers and employees are performing functions and duties on behalf of the Requesting Agency, unless otherwise provided by law. Employees of the Responding Agency remain employees of the Responding Agency while performing functions and duties on behalf of the Requesting Agency (RCW 38.52.080). 7. To the extent permitted by law, the Requesting Agency shall protect, defend, hold harmless and indemnify all other Responding signatory Agencies, and their officers and employees from any and all claims, suits, costs, damages of any nature, or causes of action, including the cost of defense and attorneys fees, by reason of the acts or omissions, whether negligent, willful, or reckless, of its own officers, employees, agency or any other person arising out of or in connection with any acts or activities authorized by this agreement, and will pay all judgments, if any, rendered. This obligation shall not include such claims, costs, damages or other expenses which may be caused by the sole negligence of the Responding Agencies or their authorized agents or employees. 8. Authorization and approval of this Agreement shall be in a manner consistent with the Agency's current procedures. This Agreement shall be effective upon approval by two or more agencies and shall remain in effect as long as two or more agencies are parties to this Agreement. Upon execution of this Agreement, the agency shall send an original or a certified copy of the agreement to the Washington State Department of Transportation, TransAid Service Center. TransAid shall maintain a list of all signatory agencies and send an updated list to all agencies whenever an agency is added or removed from the list. B 9. Any agency signatory to this Agreement may cancel its participation in this Agreement by giving written notice to the Washington State Department of Transportation, TransAid Service Center. 10. This Agreement is for the benefit of the signatory agencies only and no other person or entity shall have any rights whatsoever under this Agreement as a third party beneficiary. Agency County, Washington Authorized Representative Date Designated Primary Contact: Office: Contact: Phone Number: Public Work~ Operations Robert E. Tuln (360)478-7253 Emergency 24 Hour Phone Number: 360)415-6437 (pager) Approved As To Form Office of the Attorney J C PROCEDURES TO CONSIDER in usin$ the Public Works Emergency Mutual Aid Agreement Below are SUGGESTED steps for your agency to follow when using the Public Works Emergency Response Mutual Aid Agreement. The participants to the agreement are listed by agency, with a contact person, their phone number and an emergency 24-hour phone number. Simply make the contact and obtain the assistance. (TransAid will keep and updated list of signatory agencies on the Internet and provide a copy to the signatory agencies.) Requestin~ A?ncy Steps tO Follow When your agency is requesting assistance: 1. Assess the situation and determine the resources needed. 2. Fill out the REQUESTING AGENCY'S CHECKLIST (see page 2). 3. Locate agencies included in the agreement. 4. Call the agency(s) listed that may have the resources you need. 5. Fill out a Requesting Agency's MUTUAL AID INFORMATION form (see page 3). 6. Send copy of form to the Responding Agency as soon as possible. Respondin~ A~ency Steps to Follow When your agency is responding to a request for assistance: 1. Make sure you can fulfill the request before giving an answer. Remember, you are not required to supply aid if you determine you can not spare resources or if you do not have qualified personnel, appropriate equipment and necessary materials for what is requested. 2. Analyze the level of risk of the request. 3. Complete the RESPONDING AGENCY CHECKLIST (see page 4) with the information given by the Requesting Agency. 4. Brief your employees and prepare the equipment. 5. Complete the EMPLOYEE & EQUIPMENT INFORMATION (see page 5) form - provide copies to your responding staff and to the Requesting Agency. 6. Dispatch staff to the Requesting Agency for assistance. Supervisor of Respondin~ A~ency. Steps to Follow 1. Complete the INCIDENT COMMANDER CHECKLIST (see page 7). 2. Carry a copy of the Requesting Agency's MUTUAL AID INFORMATION (see page 3) form and your EMPLOYEE & EQUIPMENT INFORMATION (see page 5) form and provide a copy of each to the Requesting Agency. 3. Remember, you are responsible for your crew working in a safe and professional manner. ' ' 4. Track your equipment and materials inventory. 1 REQUESTING AGENCY CHECKLIST Ensure that a real need exists. The Public Works Emergency Response Mutual Aid Agreement is only to be used to support resources already reasonably committed. What can the Responding Agency help you repair or service? What is the nature of the emergency? Identify what type of equipment, material and skilled employees are needed. How long may they be needed? Will Responding Agency employees work independently or with one of your supervisors? Where Will Responding Agency employees eat, sleep and shower? Do you need to make contact with the Red Cross for meals? What facilities/hotels are available for Responding Agency employees? Has an arrangement for refueling and repair of equipment been made? Identify a staging area. Where will Responding Agency employees meet your Agency supervisor(s) to be briefed and assigned work? Responding Agency employees will need names of your supervisor(s), phone numbers and locations and times to meet and report. Review list of Public Works Emergency Response Mutual Aid agencies and locate an agency not affected by the emergency. Contact your local Office of Emergency Management, if necessary. Call the agency directly. Send written request as soon as possible. Identify yourself and your agency. Fill out a MUTUAL AID INFORMATION (see page 3) form. State the nature of the problem. State your needs - personnel, equipment, resources, etc. Length of time they will be needed? Advise the Responding Agency on weather and road conditions. How soon is aid needed? Is the work time sensitive? Advise the Responding Agency where, when and to whom they are to report? Identify facilities that are available to Responding Agency (shelter, food, etc.) Briefing Meet with your agency's union reps or supervisors to discuss how staff will be used. Identify a staff person to work directly with your employees to handle and address questions. Provide local maps of the area with information such as eating and sleeping sites. Provide system maps and discuss how to use them. Review standards for the type of work being requested. -' Establish a communications plan. 2 MUTUAL AID INFORMATION FORM Requesting Agency DATE: TIME: REQUESTING AGENCY: NAME/TITLE CONTACT: PHONE NUMBER: FAX NUMBER: EMERGENCY PHONE NUMBER: TYPE OF EMERGENCY: ESTIMATED DURATION ASSISTANCE WILL BE REQUIRED: ASSISTANCE BEING REQUESTED (be as specific as possible.) Technical Assistance * Personnel Area of Expertise Equipment * Communication Equipment: Materials * Items to consider in your request: Inspectors Engineers Surveyors Technicians Truck Drivers Utility person Operators Flaggers Welders Mechanics Bridge Repair Carpenters Electricians Dump Trucks Back Hoe '' Gravel Pipe Paving Equipment Oiler Grader Compactor Traffic Control Equip. Power Supply Communication Equip. 3 RESPONDING AGENCY CHECKLIST DATE:. TIME: REQUESTING AGENCY: NAME/TITLE CONTACT: PHONE NUMBER: FAX NUMBER: EMERGENCY PHONE NUMBER: TYPE OF EMERGENCY: ESTIMATED DURATION ASSISTANCE WILL BE REQUIRED: Fill out Mutual Aid Information form. Clarify. Need Review types of damage and what Responding Agency employees may be expected to deal with (volcanic ash, earthquake, flooding, etc.) Review types of equipment, materials and number of employees needed and skills required. How long will your employees be needed? Should a relief crew be prepared? Where will your employees stay and eat? Identify a communications plan for crews. How will responding affect your agency's current operations? Immediately notify Supervisor, elected officials and TransAid of request for Emergency Response Mutual Aid. Identify your responding employees. Review employee selection with union reps or supervisors. Ask employees to bring necessary personal items. Identify Incident Commander for your employees and appoint staff for operations, planning, logistics and finance. Review ER/FEMA documentation procedures with supervisors and initiate record-keeping requirements. Inventory and standardize tools and materials on vehicles. Inspect vehicles for travel. Set up daily check in time between Responding and Requesting agency. Review progress, identify hours worked, working conditions and status of crew. Send cash (not check) or credit cards with Supervisor for emergency expenses. Send mobile phone or ham radio equipment for back up comr~fanications. Be sure emergency food and water are on each vehicle. 4 EMPLOYEE & EQUIPMENT INFORMATION Responding Agency Agency: Date: Supervisor of Crew: Communication Equipment/Phone Numbers:. Report Time: .Report Date:. Report To: Area Assigned: ASSISTANCE BEING PROVIDED (be as specific as possible) Supervisor & Crew Employees Name Emergency Contact Oualifications PhOne l~lumbers Flatterer CPR CDL Ouerator First Aid Technical Assistance * Personnel Area of Expertise Confined Space: Truck Type &Size:, Truck Materials Inventory:. Truck Tools & Equipment Inventory:. Communication Equipment: 5 Materials * Shoring Needed:. Items to consider in your request: Inspectors Engineers Surveyors Technicians Truck Drivers Utility person Operators Flaggers Welders Mechanics Bridge Repair Carpenters Electricians Dump Trucks Back Hoe Gravel Pipe Paving Equipment Oiler Grader Compactor Traffic Control Equip. Power Supply Communication Equip. 1 copy to Requesting Agency 1 copy to Responding Agency 1 copy to Crew Supervisor 6 INCIDENT COMMANDER CHECKLIST Responding Agency Upon Arrival Check-in with supervisor on site. Review maps, damage information, repair needs and potential crew assignments. Request information on repair standards. Ensure that lodgings, meals and refueling capabilities exist. If not, identify crew member to work on problem and ask Requesting Agency for assistance. Review documentation procedures with Requesting Agency's supervisor and obtain supplies to track repairs and costs associated with job. Establish daily briefing time with Requesting Agency's supervisor. Establish daily documentation briefing with Requesting Agency's supervisor to ensure that tasks are completed. Establish working shifts. Review Communication Plan. Briefing with supervisors and crew on work assignments and progress. Review safety procedures with crew. Review events and any problems or positive interaction with Requesting Agency's employees or customers. Ensure lunch and evening food breaks are provided and that a system for meals, refueling and restocking is maintained. Contact Responding Agency for briefing. Review documentation at end of each day for accuracy and completion. Work Termination Meet with crews to review successes and problems. Identify total hours worked and number of repairs. Total up costs associated with work. Allow rest and recovery time before leaving for home. mutual 7 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: February 23, 2022 Public Works Emergency Response Assistance Mutual Aid Agreement (No Emergency Proclamation) COUNCIL MEETING Date: March 2, 2022 Department: Public Works & Utilities 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 Emergency Proclamation (under RCW 39.34). This “No Emergency Proclamation” agreement 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 4H GCB 3207 (Local Agency Emergency Event - NO PROCLAMATION) PUBLIC WORKS EMERGENCY RESPONSE ASSISTANCE MUTUAL AID AGREEMENT This Agreement is between those Government Agencies (local, county, tribal or state), herein after "Agency'' or "Agencies," that have executed the Agreement, as indicated by the signatures at the end of this document. L This Agreement is authorized by Washington State Chapter 39.34 RCW (lnterlocalAgreement Act), which provides that any one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking, which each public agency entering into the contract is authorized by law to perform. 2. The purpose of this pre-disaster agreement between the Agencies is to provide for immediate assistance to protect life and property by facilitating the cooperation between Agencies to assist in a disaster in the absence of a "Proclamation of Emergency" as that term is defined in Chapter 38.52 RCW. 3. A separate agreement, GCB 3l-87 (Emergency Proclamation) PUBLIC WORKS EMERGENCy RESPONSE ASSISTANCE MUTUAL AID AGREEMENT, has been prepared to address those events where a Proclamation of Emergency has been declared invoking the broader statutory emergency powers provided to agencies in Chapter 38.52 RCW. 4. The parties to this Agreement are responsible for the construction and maintenance of public facilities such as street, road, highway, and related systems during routine and emergency conditions. 5. Each of the parties owns and maintains equipment, and employs personnel who are trained to provide service in the construction and maintenance of street, road, highway, and related systems and other support. NOW, THEREFORE pursuant to Chapter 39.34 RCW and in consideration of the terms, conditions, and performances contained herein, the recitals as stated above, and the attached Exhibits which are incorporated and made a part hereof, It is Mutually Agreed as Follows: 7. Request lf confronted with an emergency situation requiring personnel, equipment or material not available to it, the requesting party (Requestor) may request assistance from any of the other parties who have executed this Agreement. GCB 3207 Page 1 of 5 The Requestor may make the Emergency Response Assistance (Work) request by contacting the Designated Primary Contact of a participating agency, from the signatory Agencies list maintained by the WSDOT Office of Emergency Management (OEM), by phone or email. 2. Response Upon receipt of such request, the party receiving the request (Responder) shall immediately take the following action: A. Determine whether it has the personnel, equipment, or material available to respond to the request. B. Determine what available personnel and equipment should be dispatched and/or what material should be supplied. C. Dispatch available and appropriate personnel and equipment to the location designated by the Requestor. D. Provide appropriate access to the available material. E. Advise the Requestor immediately in the event all or some of the requested personnel, equipment, or material is not available. NOTE: lt is understood that the integrity of dedicated funds needs to be protected. Therefore, Agencies funded with road funds are limited to providing services for road activities; sewer funds are limited to providing services for sewer activities and so on. 3. lncident Commander The lncident Commander of the emergency shall be designated by the Requestor, and shall be in overall command of the operations under whom the personnel and equipment of the Responder shall serve. The personnel and equipment of the Responder shall be under the immediate control of a supervisor of the Responder. lf the lncident Commander specifically requests a supervisor of the Responder to assume command, the lncident Commander shall not, by relinquishing command, relieve the Requestor of responsibility for the incident. 4. Documentation Documentation of hours worked, and equipment or materials used or provided will be maintained on a shift by shift basis by the Responder, and provided to the Requestor as needed. 5. Release of Personnel and Equipment Allpersonnel, equipment, and unused materialprovided underthisAgreementshallbe returned tothe Responder upon release by the Requestor, or on demand by the Responder. GCB 3207 Page 2 of 5 6. Compensation It is hereby understood that the Responder will be reimbursed (e.g. labor, equipment, materials and other related expenses as applicable, including loss or damage to equipment) at its adopted usual and customary rates. Compensation may include: A. Compensation for workers at the Responder's current pay structure, including call back, overtime, and benefits. B. Compensation for equipment at Responder/s established rental rate C. Compensation for materials, at Responder's cost. Materials may be replaced at Requestor's discretion in lieu of cash payment upon approval by the Responder for such replacement. D. The Responding Agency shall submit a MutualAid Cost Recovery Submittal (Exhibit A) and itemized voucher of costs to the Designated Primary Contact of the Requesting Agency within sixty (60) days after completion of Work). Unless otherwise agreed, the Responding Agency shall receive reimbursement within ninety (90) days after the voucher submittal date. (Note: after execution of the Agreement the participating agency Designated Representative will be provided the electronic fillable pdf of Exhibit A) 7. lndemnification The Responding Agency shall have no responsibilities or incur any liabilities because it does not provide resources and/or services to any other party to this Agreement. A. To the extent permitted by law, the Requesting Agency shall protect, defend, hold harmless and indemnify all other Responding signatory Agencies, and their officers and employees from any and all claims, suits, costs, damages of any nature, or causes of action, including the cost of defense and attorney's fees, by reason of the acts or omissions, whether negligent, willful, or reckless, of its own officers, employees, agency or any other person arising out of or in connection with any acts or activities authorized by this Agreement, and will pay alljudgments, if any, rendered. This obligation shall not include such claims, costs, damages or other expenses which may be caused by the sole negligence of the Responding Agencies or their authorized agents or employees. 8. Worker Compensation Withholdings and Employer Liability Each party shall remain fully responsible as employer for all taxes, assessments, fees, premiums, wages, withholdings, workers compensation and other direct and indirect compensation, benefits, and related obligations with respect to its own employees. Likewise, each party shall insure, self-insure, or both, its own employees as required by Washington Revised Code of Washington (RCW). 9. The Agreement A. lt is understood that all parties may not execute this Agreement at the same time. lt is the intention of the parties that any governmental entity in the State of Washington may enter into this Agreement and that all parties who execute this Agreement will be considered to be equal parties to the Agreement. GCB 3207 Page 3 of 5 The individual parties to this Agreement may be "Requestor" or "Responder's" as referred to in Section l-. and 2. above, to all others who have entered this Agreement. B. Authorization and approval of this Agreement shall be in a manner consistent with the Agency's current procedures. This Agreement shall be effective upon approval by two or more Agencies and shall remain in effect as long as two or more Agencies are parties to this Agreement. Upon execution of this Agreement, the Agency shall send an original or a certified copy of the Agreement to the Washington State Department of Transportation, Office of Emergency Management (OEM). The OEM shall maintain a list of all signatory Agencies. 1) Written notice of intent to terminate this Agreement must be given to all other parties on the master list of parties at least 30 days prior to termination date. This notice shall automatically terminate the Agreement as to the terminating party on the date set out in the notice unless rescinded by that party in writing prior to that date. 2l Termination will not affect a party's obligations for payment arising prior to the termination of this Agreement. 10. Non-exclusive This Agreement is not intended to be exclusive among the parties. Any party may enter into separate cooperative assistance or mutual aid agreements with any other entity. No such separate agreement shall terminate any responsibility under this Agreement. 11. Parties to This Agreement Participants in this Agreement are indicated on the following pages, one party per page. lN WITNESS WHEREOF, the parties hereto have caused this Agreement for Public Works Emergency Response Assistance to be executed by duly authorized representatives as of the date of their signatures. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION ,'l-1-"4 q Pasco Bakotich lll, P.E.Date State Maintenance Engineer Wash n partment of Transportation Scott Attorney Genera GCB 3207 Date 701 Page 4 of 5 lN WITNESS WHEREOF, the parties hereto have caused this Agreement for Public Works Emergency Response Assistance to be executed by duly authorized representatives as of the date of their signatures. Agency Jurisdiction Authorized Representative Date Designated Primary Contact: Office Contact Name Phone Number: Email Emergency 24 Hour Phone Number: GCB 3207 Page 5 of 5 Contract Number:3862 Vendor:TRANSPORTATION - DEPT OF WA STATE) Subject:Mutual Aid - Public Works Emergency Response Department:PW - Ops File Class:LEG 12-1 Beqin Date:11/24/1997 End Date: Review Date:06/15/2010 Vault Date: Comments:In effect as long as two or more agencies are parties Review date for tracking only PUBLIC WORKS EMERGENCY RESPONSE MUTUAL AID AGREEMENT FOR SIGNATORY AGENCIES IN THE STATE OF WASHINGTON INTR OD UCTION The purpose of the Public Works Emergency Response Mutual Aid Agreement is to permit signatory agencies to make the most efficient use of their powers by enabling them to coordinate resources and to maximize funding reimbursement during disasters/emergencies. This Agreement will allow signatory agencies to support each other during disasters/emergencies to protect life and property, when the event is beyond the capabilities of the affected entity. This Agreement provides the mechanism for an immediate response to the Requesting Agency provided the Responding Agency has the resources and expertise necessary and available. When faced with a disaster or emergency, public works agencies have a responsibility to maintain service and recover in the most expedient way. This can best be accomplished by preparation, coordination and cooperation with other public works agencies. Agencies are charged with the responsibility of coordinating efforts and compiling damage and recovery information on disasters and then reporting to the appropriate authority. Then the State requests aid and assistance from the federal government. The following definitions for disaster and emergency are from the State Comprehensive Disaster Plan and were used in this Public Works Emergency Response Mutual Aid Agreement: Disaster - An event expected or unexpected, in which a community's available, pertinent resources are expended; or the need for resources exceeds availability; and in which a community undergoes severe danger; incurring losses so that the social or economic structure of the community is disrupted; and the fulfillment of some or all of the community's essential functions are prevented. Emergency - An event, expected or unexpected, involving shortages of time and resources; that places life, property or the environment, in danger; that requires response beyond routine incident response resources. The reference guide is designed to be useful to individual agencies during a proclaimed emergency - whether it be to borrow a piece of equipment for a specific job or request crews to assist in repair of a major failure. The reference guide will be updated and revised periodically, please insert the revisions immedia~e, ly. I PUBLIC WORKS EMERGENCY RESPONSE MUTUAL AID AGREEMENT WHEREAS, the purpose of this pre-disaster agreement between the agencies is to provide for immediate assistance to protect life and property; WHEREAS, this Agreement is authorized under State of Washington, RCW's 35 City), 36 (County), 38.52 (Emergency Management), 39.34 (Interlocal Agreement) and 47 (Public Highway Transportation (DOT)); which is activated only in the event of a proclamation of an emergency by the local and/or state government approving authority; WHEREAS, the agency asking for assistance from any signatory agency will herein be referred to as the Requesting Agency; WHEREAS, the signatory agency agreeing to assist another signatory agency asking for assistance will herein be referred to as the Responding Agency; WHEREAS, it is necessary and desirable that this Agreement be executed for the exchange of mutual aid; with the intent to supplement not supplant agency personnel. NOW, THEREFORE, it is hereby agreed by each and all of the parties signatory to the Agreement as follows: 1. Each agency signatory to this Agreement agrees to furnish, upon its sole discretion, those resources and services it deems to be available to each other signatory agency hereto as necessary to assist in the prevention, response, recovery and mitigation of proclaimed emergencies/disasters. 2. It is hereby understood that this Agreement shall not supplant pre-existing mutual aid agreements nor deny the right of any agency hereto to negotiate other mutual aid agreements. 3. The Responding Agency shall assist in only those situations for which it has determined it has qualified personnel, appropriate equipment and necessary materials. Resources of the Responding Agency that are made available to the Requesting Agency shall, whenever possible, remain under the control and direction of the Responding Agency. The Requesting Agency shall coordinate the activities and resources of all Responding Agencies. A 4. It is hereby understood that the Responding Agency will be reimbursed (e.g., labor, equipment, materials and other related expenses as applicable, including loss or damage to equipment) at its adopted usual and customary rates. The Responding Agency shall submit an itemized voucher of costs to the Executive Head of the Requesting Agency within sixty (60) days after completion of work RCW 38.52.080). Unless otherwise agreed, the Responding Agency shall receive reimbursement within ninety (90) days after the voucher submittal date. 5. The Responding Agency shall have no responsibilities or incur any liabilities because it does not provide resources and/or services to any other party to this Agreement. The Responding Agency shall retain the right to withdraw some or all of its resources at any time. Notice of intention to withdraw' shall be communicated to the Requesting Agency's designated official, or the official's designee, as soon as practicable. 6. All privileges, immunities, rights, duties and benefits of officers and employees of the Responding Agency shall apply while those officers and employees are performing functions and duties on behalf of the Requesting Agency, unless otherwise provided by law. Employees of the Responding Agency remain employees of the Responding Agency while performing functions and duties on behalf of the Requesting Agency (RCW 38.52.080). 7. To the extent permitted by law, the Requesting Agency shall protect, defend, hold harmless and indemnify all other Responding signatory Agencies, and their officers and employees from any and all claims, suits, costs, damages of any nature, or causes of action, including the cost of defense and attorneys fees, by reason of the acts or omissions, whether negligent, willful, or reckless, of its own officers, employees, agency or any other person arising out of or in connection with any acts or activities authorized by this agreement, and will pay all judgments, if any, rendered. This obligation shall not include such claims, costs, damages or other expenses which may be caused by the sole negligence of the Responding Agencies or their authorized agents or employees. 8. Authorization and approval of this Agreement shall be in a manner consistent with the Agency's current procedures. This Agreement shall be effective upon approval by two or more agencies and shall remain in effect as long as two or more agencies are parties to this Agreement. Upon execution of this Agreement, the agency shall send an original or a certified copy of the agreement to the Washington State Department of Transportation, TransAid Service Center. TransAid shall maintain a list of all signatory agencies and send an updated list to all agencies whenever an agency is added or removed from the list. B 9. Any agency signatory to this Agreement may cancel its participation in this Agreement by giving written notice to the Washington State Department of Transportation, TransAid Service Center. 10. This Agreement is for the benefit of the signatory agencies only and no other person or entity shall have any rights whatsoever under this Agreement as a third party beneficiary. Agency County, Washington Authorized Representative Date Designated Primary Contact: Office: Contact: Phone Number: Public Work~ Operations Robert E. Tuln (360)478-7253 Emergency 24 Hour Phone Number: 360)415-6437 (pager) Approved As To Form Office of the Attorney J C PROCEDURES TO CONSIDER in usin$ the Public Works Emergency Mutual Aid Agreement Below are SUGGESTED steps for your agency to follow when using the Public Works Emergency Response Mutual Aid Agreement. The participants to the agreement are listed by agency, with a contact person, their phone number and an emergency 24-hour phone number. Simply make the contact and obtain the assistance. (TransAid will keep and updated list of signatory agencies on the Internet and provide a copy to the signatory agencies.) Requestin~ A?ncy Steps tO Follow When your agency is requesting assistance: 1. Assess the situation and determine the resources needed. 2. Fill out the REQUESTING AGENCY'S CHECKLIST (see page 2). 3. Locate agencies included in the agreement. 4. Call the agency(s) listed that may have the resources you need. 5. Fill out a Requesting Agency's MUTUAL AID INFORMATION form (see page 3). 6. Send copy of form to the Responding Agency as soon as possible. Respondin~ A~ency Steps to Follow When your agency is responding to a request for assistance: 1. Make sure you can fulfill the request before giving an answer. Remember, you are not required to supply aid if you determine you can not spare resources or if you do not have qualified personnel, appropriate equipment and necessary materials for what is requested. 2. Analyze the level of risk of the request. 3. Complete the RESPONDING AGENCY CHECKLIST (see page 4) with the information given by the Requesting Agency. 4. Brief your employees and prepare the equipment. 5. Complete the EMPLOYEE & EQUIPMENT INFORMATION (see page 5) form - provide copies to your responding staff and to the Requesting Agency. 6. Dispatch staff to the Requesting Agency for assistance. Supervisor of Respondin~ A~ency. Steps to Follow 1. Complete the INCIDENT COMMANDER CHECKLIST (see page 7). 2. Carry a copy of the Requesting Agency's MUTUAL AID INFORMATION (see page 3) form and your EMPLOYEE & EQUIPMENT INFORMATION (see page 5) form and provide a copy of each to the Requesting Agency. 3. Remember, you are responsible for your crew working in a safe and professional manner. ' ' 4. Track your equipment and materials inventory. 1 REQUESTING AGENCY CHECKLIST Ensure that a real need exists. The Public Works Emergency Response Mutual Aid Agreement is only to be used to support resources already reasonably committed. What can the Responding Agency help you repair or service? What is the nature of the emergency? Identify what type of equipment, material and skilled employees are needed. How long may they be needed? Will Responding Agency employees work independently or with one of your supervisors? Where Will Responding Agency employees eat, sleep and shower? Do you need to make contact with the Red Cross for meals? What facilities/hotels are available for Responding Agency employees? Has an arrangement for refueling and repair of equipment been made? Identify a staging area. Where will Responding Agency employees meet your Agency supervisor(s) to be briefed and assigned work? Responding Agency employees will need names of your supervisor(s), phone numbers and locations and times to meet and report. Review list of Public Works Emergency Response Mutual Aid agencies and locate an agency not affected by the emergency. Contact your local Office of Emergency Management, if necessary. Call the agency directly. Send written request as soon as possible. Identify yourself and your agency. Fill out a MUTUAL AID INFORMATION (see page 3) form. State the nature of the problem. State your needs - personnel, equipment, resources, etc. Length of time they will be needed? Advise the Responding Agency on weather and road conditions. How soon is aid needed? Is the work time sensitive? Advise the Responding Agency where, when and to whom they are to report? Identify facilities that are available to Responding Agency (shelter, food, etc.) Briefing Meet with your agency's union reps or supervisors to discuss how staff will be used. Identify a staff person to work directly with your employees to handle and address questions. Provide local maps of the area with information such as eating and sleeping sites. Provide system maps and discuss how to use them. Review standards for the type of work being requested. -' Establish a communications plan. 2 MUTUAL AID INFORMATION FORM Requesting Agency DATE: TIME: REQUESTING AGENCY: NAME/TITLE CONTACT: PHONE NUMBER: FAX NUMBER: EMERGENCY PHONE NUMBER: TYPE OF EMERGENCY: ESTIMATED DURATION ASSISTANCE WILL BE REQUIRED: ASSISTANCE BEING REQUESTED (be as specific as possible.) Technical Assistance * Personnel Area of Expertise Equipment * Communication Equipment: Materials * Items to consider in your request: Inspectors Engineers Surveyors Technicians Truck Drivers Utility person Operators Flaggers Welders Mechanics Bridge Repair Carpenters Electricians Dump Trucks Back Hoe '' Gravel Pipe Paving Equipment Oiler Grader Compactor Traffic Control Equip. Power Supply Communication Equip. 3 RESPONDING AGENCY CHECKLIST DATE:. TIME: REQUESTING AGENCY: NAME/TITLE CONTACT: PHONE NUMBER: FAX NUMBER: EMERGENCY PHONE NUMBER: TYPE OF EMERGENCY: ESTIMATED DURATION ASSISTANCE WILL BE REQUIRED: Fill out Mutual Aid Information form. Clarify. Need Review types of damage and what Responding Agency employees may be expected to deal with (volcanic ash, earthquake, flooding, etc.) Review types of equipment, materials and number of employees needed and skills required. How long will your employees be needed? Should a relief crew be prepared? Where will your employees stay and eat? Identify a communications plan for crews. How will responding affect your agency's current operations? Immediately notify Supervisor, elected officials and TransAid of request for Emergency Response Mutual Aid. Identify your responding employees. Review employee selection with union reps or supervisors. Ask employees to bring necessary personal items. Identify Incident Commander for your employees and appoint staff for operations, planning, logistics and finance. Review ER/FEMA documentation procedures with supervisors and initiate record-keeping requirements. Inventory and standardize tools and materials on vehicles. Inspect vehicles for travel. Set up daily check in time between Responding and Requesting agency. Review progress, identify hours worked, working conditions and status of crew. Send cash (not check) or credit cards with Supervisor for emergency expenses. Send mobile phone or ham radio equipment for back up comr~fanications. Be sure emergency food and water are on each vehicle. 4 EMPLOYEE & EQUIPMENT INFORMATION Responding Agency Agency: Date: Supervisor of Crew: Communication Equipment/Phone Numbers:. Report Time: .Report Date:. Report To: Area Assigned: ASSISTANCE BEING PROVIDED (be as specific as possible) Supervisor & Crew Employees Name Emergency Contact Oualifications PhOne l~lumbers Flatterer CPR CDL Ouerator First Aid Technical Assistance * Personnel Area of Expertise Confined Space: Truck Type &Size:, Truck Materials Inventory:. Truck Tools & Equipment Inventory:. Communication Equipment: 5 Materials * Shoring Needed:. Items to consider in your request: Inspectors Engineers Surveyors Technicians Truck Drivers Utility person Operators Flaggers Welders Mechanics Bridge Repair Carpenters Electricians Dump Trucks Back Hoe Gravel Pipe Paving Equipment Oiler Grader Compactor Traffic Control Equip. Power Supply Communication Equip. 1 copy to Requesting Agency 1 copy to Responding Agency 1 copy to Crew Supervisor 6 INCIDENT COMMANDER CHECKLIST Responding Agency Upon Arrival Check-in with supervisor on site. Review maps, damage information, repair needs and potential crew assignments. Request information on repair standards. Ensure that lodgings, meals and refueling capabilities exist. If not, identify crew member to work on problem and ask Requesting Agency for assistance. Review documentation procedures with Requesting Agency's supervisor and obtain supplies to track repairs and costs associated with job. Establish daily briefing time with Requesting Agency's supervisor. Establish daily documentation briefing with Requesting Agency's supervisor to ensure that tasks are completed. Establish working shifts. Review Communication Plan. Briefing with supervisors and crew on work assignments and progress. Review safety procedures with crew. Review events and any problems or positive interaction with Requesting Agency's employees or customers. Ensure lunch and evening food breaks are provided and that a system for meals, refueling and restocking is maintained. Contact Responding Agency for briefing. Review documentation at end of each day for accuracy and completion. Work Termination Meet with crews to review successes and problems. Identify total hours worked and number of repairs. Total up costs associated with work. Allow rest and recovery time before leaving for home. mutual 7 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Goods and Services Agreement Study Session Date: February 23, 2022 with Centrisys-CNP for a Sole Source Purchase of a Complete Rotating Assembly for the W astewater Treatment Plant Centrifuge COUNCIL MEETING Date: March 2, 2022 Department: PW&U/WWTP Presenter: Eric J. Burris Phone: (360) 473-5448 SUMMARY: The City’s west side wastewater treatment plant (WWTP) uses a centrifuge to dewater 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 continuit y 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 4I Page 1 of 8 Goods and Services Agreement Rev. 09/2021 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 58th 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 un able, 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 2 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 by the City or a third party of the City’s choosing. VI. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make 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 3 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, interp retations, 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 und er 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 4 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 performance of this Agreement. Vendor’s obligation to indemnify shall not extend to that portion of damages caused by the City’s sole negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. 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 5 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. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which shall be provided on a “claims-made” basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Vendor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies. The Vendor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Vendor's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Vendor to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy required herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. 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 6 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. Vendor’s Proposal C. Documents Incorporated by Reference. The following documents are incorporated by reference, including but not limited to: 1. Terms and Conditions, 2. Specifications, 3. Proposal, and 4. Non-Collusion Affidavit. D. Use of Photographs and Images. Vendor shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Vendor or provided by City without prior written consent of the City. The City w ill not unreasonably withhold its consent. E. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Vendor, its subcontractors, or any person acting on behalf of Vendor shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. F. ADA Statement. The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. G. Compliance with Laws. Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. H. Prevailing Wages. Vendor shall file a “Statement of Intent to Pay Prevailing Wages” with the State of Washington Department of Labor & Industries prior to commencing the contract work. Vendor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. I. Work Performed at Vendor's Risk. Vendor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this Agreement. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Page 7 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 345 6th Street, Suite 100 9586 58th 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 8 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 Public Works and Utilities Department 100 Oyster Bay Ave. N. • Bremerton, WA 98312 • (360) 473-5920 • FAX (360) 473-5360 z Page 1 Centrisys-CNP February 15, 2022 DATE: January 15, 2022 TO: Procurement File FROM: Eric J. Burris, WW Manager SUBJECT: Sole Source Determination In accordance with Bremerton Municipal Code 2.76.090, Sole Source Purchases, the purpose of this memorandum is to document the necessity of sole source procurement methodology for the purchase of a complete rotating assembly for the Centrisys centrifuge at the Wastewater Treatment Plant. Reasoning (check all supporting options below): Compatibility to existing City standard or to existing equipment, inventory, systems, data, programs or service. The rotating assembly is for a centrifuge that the City currently owns, and the part is specific to that piece of equipment’s manufacturer. Licensed or patented product with only one dealer. (Include a statement explaining why this particular licensed or patented product the only one suitable for your purpose) Authorized service provider, repair and/or warranty services. The City requires service or repair support for products or equipment owned by the City, and the vendor is either a factory authorized warranty service provider or that particular vendor is required for warranty services according to the conditions of a current City contract. Unique design: Requires unique features that are essential aesthetic requirements, or not practical to match to existing design or equipment, such as artwork. Describe. Special bargain: This might include a surplus item, an auction sale, used equipment, returned “open box” purchase, or other similar one-time bargains. Describe. Delivery date: Only one supplier can meet required delivery date. Explain why this delivery date is essential. This can only be used in limited circumstances, for delivery deadlines that are the result of an unanticipated situation, and not a circumstance that could have been reasonably anticipated or averted by advance City planning. Project or research continuity: Product, systems, services or data must comply with an ongoing project, research, data, testing or analysis without a compromise in the integrity of the project. Also, this should be a situation that cannot be replicated by another company because there is a legal or physical obstruction to disclosing the project information to allow another company the opportunity to replicate. Examples include situations where a company has legal and/or Public Works and Utilities Department 100 Oyster Bay Ave. N. • Bremerton, WA 98312 • (360) 473-5920 • FAX (360) 473-5360 z Page 2 Centrisys-CNP February 15, 2022 proprietary rights to customization such as software code, or to data; or testing or data is collected through a unique measuring instrument that cannot be accurately duplicated and offered by another vendor. Requirement by funding source: Lender, grantor (such as federal government) or other provider of funds requires the specific product, service or system. Attach a copy of the document that clearly shows such a requirement is imposed by the funding source. Legal monopoly: Only one supplier, such as electricity, water, or sewage. Trial and evaluation projects: A limited duration, limited scope pilot, trial or evaluation of a product, range of products or services. A trial or evaluation project would typically be part of establishing a standard for a City department, or to pilot a particular product or services for a City need. Describe the pilot, specify the scope of the pilot, and attach information to confirm that the pilot is part of a purposeful department pilot initiative. Other. Describe. Why is this the only company that can provide the sole source product or service? The reference section reference section explains why a particular product, manufacturer or service is necessary. The section below discusses why the company you request is the only available company. Cost/Quote support: After reviewing sales quote 10856 Rev 2 from Centrisys-CNP in the amount of $253,643 our staff believes this is a fair and reasonable price. Therefore, it is my determination that it is in the City’s best interests to purchase the centrifuge rotating assembly from Centrisys-CNP through direct negotiation, pursuant to BMC 2.76.090 and 2.76.010, and that sole source purchase of the centrifuge rotating assembly is justified for this procurement. Recommended by: ________________________________ Eric J. Burris, Wastewater Manager Approved by: ________________________________ Tom Knuckey, Public Works & Utilities Director Digitally signed by Eric Burris Date: 2022.02.15 09:38:14 -08'00' Tom Knuckey Digitally signed by Tom Knuckey Date: 2022.02.15 10:34:42 -08'00' To City of Bremerton 1600 Oyster Bay Ave. S. Bremerton, WA 98312 Attn: Eric Burris Tel: (360) 473-5450 Email: Eric.burris@ci.bremerton.wa.us Centrisys Ref - Opp# 10856 Rev 3 Project Name City of Bremerton Location Bremerton, WA Date 2/16/22 Prepared By Rebecca Schruender Proposal CS21-4 2Ph Rotating Assembly Complete Rotor Option Page 2 of 4 Sincerely, Centrisys Representative Chris McCalib Treatment Equipment Company 249 Main Ave S., ste 107 #322 North Bend, WA 98045 Ph: (206) 909-1546 Email: Chris@tec-nw.com Centrisys Contact John Feicht Aftermarket Sales Manager 9586 58th Place Kenosha, WI 53144 USA Ph: +1 (262) 654 6006 Direct: (847) 691-4626 Email: John.Feicht@centrisys.us Page 3 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 assembly. Dates of service to be scheduled upon Buyer’s written request. Buyer have 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 4 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 1/27/2022 R & R Insurance Services, Inc N14 W23900 Stone Ridge Drive Waukesha WI 53188 Amy Brennan (262)574-7000 (262)574-7080 Amy.Brennan@rrins.com Centrisys Capital Inc Centrisys Corporation 9586 58th Place Kenosha WI 53144 The Travelers Indemnity Company 25658 Travelers Property Casualty Insurance Company of America 25674 Beazley Insurance Company 22-23 Liability B X Foreign Liability General Liability coverage is with a different insurance agency 6303S590226 1/1/2022 1/1/2023 Foreign Liability 1,000,000 A X X X Blkt AI PNC X X Blkt WOS BA3S590472 1/1/2022 1/1/2023 Form CAT353 0215 WOS Form CAT474 0216 AI PNC 1,000,000 B X X X 10,000 Underlying GL AL EL Foreign Form EU0001 0716 PNC WOS CUP6S258757 1/1/2022 1/1/2023 10,000,000 10,000,000 Workers Compensation coverage is with a different insurance agency C Pollution Liability incl Mold BLU15251A21 1/1/2022 1/1/2023 Each Claim/Policy Aggregate $3,000,000 C Professional Liability BLU15251A21 1/1/2022 1/1/2023 Each Claim/Policy Aggregate $3,000,000 City of Bremerton Attn: Risk Management 345 6th St Ste 100 Bremerton, WA 98337 R Kalscheuer/KM594 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes,describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 2/9/2022 Starr Insurance Group 5005 W.Loomis Rd. Greenfield WI 53220 Britta Schmidt 414-421-3800 414-421-6145 info@starrgroup.com Twin City Fire Insurance Co 29459 CENTR-3 The Hartford 29459CentrisysCorporation Gary Stinson 9586 58th Place Kenosha WI 53144 653388779 B X 1,000,000 X 300,000 10,000 1,000,000 2,000,000 X 83 UEN OH3038 1/1/2022 1/1/2023 2,000,000 A X N 83 WE OH3037 1/1/2022 1/1/2023 1,000,000 1,000,000 1,000,000 City of Bremerton is hereby listed as additional insured as respects work performed by the named insured when required by written contract per the attached forms.A waiver of subrogation applies in favor of the additional insured on the General Liability and Workers Compensation policies. City of Bremerton Attn:Risk Management 345 8th St.,Suite 100 Bremerton WA 98337 The insurance afforded herein for any A person or organization is an additional insured subsidiary not named in this Coverage Part under this provision only for that period of time as a named insured does not apply to injury required by the contract or agreement. or damage with respect to which such insured However, no such person or organization is anis also a named insured under another policy insured under this provision if such person oror would be a named insured under such organization is included as an insured by anpolicy but for its termination or the exhaustion endorsement issued by us and made a part ofofits limits ofinsurance.this Coverage Part. 3. Newly Acquired Or Formed Organization a. Vendors Any organization you newly acquire or form,Any person(s) or organization(s) (referred toother than a partnership, joint venture or limited below as vendor), but only with respect toliability company, and over which you maintain "bodily injury" or "property damage" arisingfinancial interest of more than 50% of the voting out of "your products" which are distributed orstock, will qualify as a Named Insured if there is sold in the regular course of the vendor'sno other similar insurance available to that business and only if this Coverage Partorganization. However:provides coverage for "bodily injury" or a.Coverage under this provision is afforded only "property damage" included within the until the 180th day after you acquire or form "products-completed operations hazard". the organization or the end of the policy (1)The insurance afforded the vendor is period, whichever is earlier;subject to the following additional b.Coverage A does not apply to "bodily injury"exclusions: or "property damage" that occurred before This insurance does not apply to:you acquired or formed the organization; and (a)"Bodily injury" or "property damage" forc.Coverage B does not apply to "personal and which the vendor is obligated to payadvertising injury" arising out of an offense damages by reason of the assumptioncommitted before you acquired or formed the of liability in a contract or agreement. organization.This exclusion does not apply to 4. Nonowned Watercraft liability for damages that the vendor would have in the absence of theWith respect to watercraft you do not own that is contract or agreement;less than 51 feet long and is not being used to (b)Any express warranty unauthorized bycarry persons for a charge, any person is an insured while operating such watercraft with your you; permission. Any other person or organization (c)Any physical or chemical change in the responsible for the conduct of such person is product made intentionally by the also an insured, but only with respect to liability vendor;arising out of the operation of the watercraft, and (d)Repackaging, except when unpackedonly if no other insurance of any kind is available solely for the purpose of inspection,to that person or organization for this liability.demonstration, testing, or theHowever, no person or organization is an insured substitution of parts under instructionswith respect to:from the manufacturer, and then a."Bodily injury" to a co-"employee" of the repackaged in the original container; person operating the watercraft; or (e)Any failure to make such inspections, b."Property damage" to property owned by,adjustments, tests or servicing as the rented to, in the charge of or occupied by you vendor has agreed to make or normally or the employer of any person who is an undertakes to make in the usual insured under this provision.course of business, in connection with the distribution or sale ofthe products;5. Additional Insureds When Required By Written Contract, Written Agreement Or (f)Demonstration, installation, servicing Permit or repair operations, except such operations performed at the vendor'sThe following person(s) or organization(s) are an premises in connection with the sale ofadditional insured when you have agreed,in a the product;written contract, written agreement or because of (g)Products which, after distribution ora permit issued by a state or political subdivision, that such person or organization be added as an sale by you, have been labeled or additional insured on your policy, provided the relabeled or used as a container, part injury or damage occurs subsequent to the or ingredient of any other thing or execution of the contract or agreement.substance by or for the vendor; or Page 12 of 21 HG 00 01 09 16 CGL AI Policy #83 UEN OH3038 (h)"Bodily injury" or "property damage"omissions ofthose acting on your behalf: arising out ofthe sole negligence of the (1)In connection with your premises; or vendor for its own acts or omissions or (2)In the performance of your ongoing those of its employees or anyone else operations performed by you or on your acting on its behalf. However, this behalf.exclusion does not apply to:With respect to the insurance afforded these (i)The exceptions contained in Sub-additional insureds, the following additional paragraphs (d)or (f); or exclusion applies:(ii)Such inspections, adjustments,This insurance does not apply to "bodily tests or servicing as the vendor has injury", "property damage" or "personal and agreed to make or normally advertising injury" arising out of the rendering undertakes to make in the usual of or the failure to render any professional course of business, in connection services by or for you, including:with the distribution or sale of the 1.The preparing, approving, or failing to products.prepare or approve, maps, shop drawings, (2)This insurance does not apply to any opinions, reports, surveys, field orders, insured person or organization, from change orders or drawings and whom you have acquired such products, specifications; oror any ingredient, part or container, 2.Supervisory, inspection, architectural or entering into, accompanying or containing engineering activities.such products. This exclusion applies even if the claimsb. Lessors Of Equipment against any insured allege negligence or (1)Any person(s) or organization(s) from other wrongdoing in the supervision, hiring, whom you lease equipment; but only with employment, training or monitoring of othersrespect to their liability for "bodily injury", by that insured, if the "occurrence" which "property damage" or "personal and caused the "bodily injury" or "property advertising injury" caused, in whole or in damage", or the offense which caused the part, by your maintenance, operation or "personal and advertising injury", involved the use of equipment leased to you by such rendering of or the failure to render any person(s) or organization(s). professional services by or for you.(2)With respect to the insurance afforded to e. Permits Issued By State Or Political these additional insureds this insurance Subdivisionsdoes not apply to any "occurrence" which Any state or political subdivision, but only with takes place after the equipment lease respect to operations performed by you or on expires. your behalf for which the state or political c. Lessors Of Land Or Premises subdivision has issued a permit. Any person or organization from whom you With respect to the insurance afforded theselease land or premises, but only with respect additional insureds, this insurance does not to liability arising out of the ownership, apply to:maintenance or use of that part of the land or (1)"Bodily injury", "property damage" orpremises leased to you."personal and advertising injury" arising With respect to the insurance afforded these out of operations performed for the state additional insureds the following additional or municipality; orexclusions apply:(2)"Bodily injury" or "property damage"This insurance does not apply to:included within the "products-completed 1.Any "occurrence" which takes place after operations hazard". you cease to lease that land; or f. Any Other Party 2.Structural alterations, new construction or Any other person or organization who is not demolition operations performed by or on an additional insured under Paragraphs a.behalf ofsuch person or organization.through e. above, but only with respect to d. Architects, Engineers Or Surveyors liability for "bodily injury", "property damage" Any architect, engineer, or surveyor, but only or "personal and advertising injury" caused, in with respect to liability for "bodily injury", whole or in part, by your acts or omissions or "property damage" or "personal and the acts or omissions of those acting on your advertising injury" caused, in whole or in part, behalf: by your acts or omissions or the acts or (1)In the performance of your ongoing operations; HG 00 01 09 16 Page 13 of 21 (2)In connection with your premises owned No person or organization is an insured with respect by or rented to you; or to the conduct of any current or past partnership, joint venture or limited liability company that is not (3)In connection with "your work" and shown as a Named Insured in the Declarations. included within the "products-completed SECTION III - LIMITS OF INSURANCE operations hazard", but only if (a)The written contract or agreement 1. The Most We Will Pay requires you to provide such coverage The Limits of Insurance shown in the to such additional insured; and Declarations and the rules below fix the most we (b)This Coverage Part provides coverage will pay regardless ofthe number of: for "bodily injury" or "property damage"a.Insureds; included within the "products-b.Claims made or "suits" brought; or completed operations hazard". c.Persons or organizations making claims orHowever:bringing "suits". (1)The insurance afforded to such additional 2. General Aggregate Limitinsured only applies to the extent The General Aggregate Limit is the most we will permitted by law; and pay for the sum of:(2)If coverage provided to the additional a.Medical expenses under Coverage C;insured is required by a contract or agreement, the insurance afforded to such b.Damages under Coverage A,except additional insured will not be broader than damages because of "bodily injury" or that which you are required by the contract "property damage" included in the "products-or agreement to provide for such completed operations hazard"; and additional insured.c.Damages under Coverage B. With respect to the insurance afforded to 3. Products-Completed Operations Aggregate these additional insureds, this insurance does Limitnot apply to: The Products-Completed Operations Aggregate "Bodily injury", "property damage" or Limit is the most we will pay under Coverage A"personal and advertising injury" arising out of for damages because of "bodily injury" and the rendering of, or the failure to render, any "property damage" included in the "products-professional architectural, engineering or completed operations hazard". surveying services, including: 4. Personal And Advertising Injury Limit(1)The preparing, approving, or failing to Subject to 2.above, the Personal and prepare or approve, maps, shop drawings, Advertising Injury Limit is the most we will pay opinions, reports, surveys, field orders, under Coverage B for the sum of all damageschange orders or drawings and because of all "personal and advertising injury"specifications; or sustained by any one person or organization. (2)Supervisory, inspection, architectural or 5. Each Occurrence Limitengineering activities. Subject to 2.or 3.above, whichever applies, the This exclusion applies even if the claims Each Occurrence Limit is the most we will pay for against any insured allege negligence or the sum of:other wrongdoing in the supervision, hiring, employment, training or monitoring of others a.Damages under Coverage A;and by that insured, if the "occurrence" which b.Medical expenses under Coverage Ccaused the "bodily injury" or "property because of all "bodily injury" and "property damage", or the offense which caused the damage" arising out ofany one "occurrence". "personal and advertising injury", involved the rendering of or the failure to render any 6. Damage To Premises Rented To You Limit professional services by or for you.Subject to 5.above, the Damage To Premises The limits of insurance that apply to additional Rented To You Limit is the most we will pay insureds is described in Section III - Limits Of under Coverage A for damages because of Insurance. "property damage" to any one premises, while rented to you, or in the case of damage by fire, How this insurance applies when other insurance lightning or explosion, while rented to you or is available to the additional insured is described temporarily occupied by you with permission of in the Other Insurance Condition in Section IV - the owner. Commercial General Liability Conditions. Page 14 of 21 HG 00 01 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 00 03 13 Printed in U.S.A. Policy Expiration Date: 01/01/23 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Endorsement Number:Policy Number: 83 WE OH3037 Effective Date: 01/01/22 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:CENTRISYS CORPORATION 9586 58TH PL KENOSHA WI 53144 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Any person or organization from whom you are required by contract or agreement to obtain this waiver from us. Endorsement is not applicable in KY, NH, NJ or for any MO construction risk AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: February 23, 2022 Contract with Michels Corporation for the 2022 Sewer Rehabilitation Project COUNCIL MEETING Date: March 2, 2022 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 4J 2022 SEWER REHABILITATION SPECIAL PROVISIONS JANUARY 2022 Page 23 of 110 CONTRACT (Page 1 of 3) in the year 2022 by and between City THIS AGREEMENT is dated the day of of Bremerton (hereinafter called CITY) CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the CITY's Contract Documents entitled 2022 Sewer Rehabilitation ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Substantial Completion by September 15, 2022. Time is of the essence as to each and every deadline set forth in this agreement. This provision has been specifically negotiated. ARTICLE 3. LIQUIDATED DAMAGES. CITY and the CONTRACTOR recognize that time is of the essence for this Agreement and that the CITY will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Section 1-08.8 of the Standard Specifications which may be modified by the Special Provisions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CONTRACTOR shall pay the CITY liquidated damages in the amount of $1000 per day after the date of Substantial Completion. ARTICLE 4. CONTRACT PRICE. CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Proposal, which shall include sales tax as provided in Section 1-07.2(2) of the Special Provisions. ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9 of the Standard Specifications which may be modified by the Special Provisions. Applications for Payment will be processed by ENGINEER as provided in the Special Provisions _____________________ Contractor Initials and _________ (hereinafter called CONTRACTOR). 2022 SEWER REHABILITATION SPECIAL PROVISIONS JANUARY 2022 Page 24 of 110 CONTRACT (Page 2 of 3) ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the WORK consist of this Contract and the following which are either attached or incorporated herein by reference: -Notice Inviting Bids, -Bidders Checklist, -Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits, -Performance Bond, -Payment Bond, -Standard Specifications, -Amendments to the Standard Specifications, -Appendices, -Special Provisions, -Contract Plans, -Addenda numbers _____ to _____, inclusive. -Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Section 1-04.4 of the Standard Specifications which may be modified by the Special Provisions. ARTICLE 7. INDEMNIFICATION. The CONTRACTOR and CITY acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, ENGINEER, their consultants, sub consultants, and the officers, directors, employees, and agents of each and any of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY and/or the ENGINEER as further defined in the Contract Documents. The provisions of this section shall survive the termination of the contract. _____________________ Contractor Initial 2022 SEWER REHABILITATION SPECIAL PROVISIONS JANUARY 2022 Page 25 of 110 CONTRACT (Page 3 of 3) ARTICLE 8. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes. In the case of an assignment for security purposes the CITY may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers. CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed the day and year first above written. CITY : City of Bremerton CONTRACTOR (Signature) (Signature) By Greg Wheeler, Mayor By (Printed name) (Printed name) [CORPORATE SEAL] Attest Attest Address for giving notices Address for giving notices License No. Approved as to Form: Agent for service of process: (Signature) City Attorney (Title) Michels Corporation 11/22/2021 pg. 1 2022 Sewer Rehabilitation Project (#5846) 6th ST WARREN AVE 8th ST/10th NAVAL AVE THOMPSON DR SNYDER AVE 11th ST 6th ST BURWELL ST WARREN AVE 11/22/2021 pg. 2 2022 Sewer Rehabilitation Project (#5846) SPRUCE AVE ROBIN AVE NE SYLVAN WAY WHEATON WAY Note: Iron Horse bid was deemed non-responsive and therefore rejected AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: February 23, 2022 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 COUNCIL MEETING Date: March 2, 2022 Department: PW&U - Engineering Presenter: Bill Davis Phone: (360) 473-2312 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 4K Page 1 of 12 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 2 of 12 N4425522RP00001 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 3 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 4 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 5 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 6 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 7 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 8 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 9 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 10 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 11 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 12 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. _______________________ AES CONSULTANTS, INC. PROFESSIONAL LAND SURVEYORS P.O. BOX 930 • 3472 N.W. LOWELL "OLD TOWNE" • SILVERDALE, WA 98383 • 360-692-6400 • FAX 360-692-8927 EASEMENT LEGAL DESCRIPTION A 25.00 FOOT WIDE STRIP BEING A PORTION OF THE UNITED STATES NAVY RAIL ROAD SITUATED WITHIN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 35, TOWNSHIP 24 NORTH, RANGE 1 WEST, W.M., IN KITSAP COUNTY, WASHINGTON, THE CENTERLINE OF SAID STRIP IS DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP IN CONCRETE MONUMENT MARKING THE SOUTHEAST CORNER OF SAID SECTION 35; THENCE NORTH 87°55'31" WEST ALONG THE SOUTH LINE OF SAID SECTION 683.08 FEET TO THE CENTER OF THE UNITED STATES NAVY RAILROAD RIGHT-OF-WAY BEING STATION 1605+70.7 AS PER A SURVEY BY ESM INC FOR THE UNITED STATES NAVY RECORDED IN IN VOLUME 45 OF SURVEYS, PAGE 66; THENCE NORTH 37°18'50" EAST ALONG SAID CENTERLINE 747.80 FEET TO CENTERLINE STATION 1613+18.5; THENCE SOUTH 52°41'11" EAST 50.00 FEET TO THE EASTERLY RIGHT­ OF-WAY LINE OF SAID RAILROAD AND THE POINT OF BEGINNING OF THIS CENTERLINE DESCRIPTION; THENCE NORTH 52°41'11" WEST 100.00 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF SAID RAILROAD AND THE POINT OF TERMINATION OF THIS CENTERLINE DESCRIPTION. EXHIBIT A LOCATION MAP FOR EASEMENT UNDER U.S. NAVY RAILROAD NEAR GOLD MOUNTAIN GOLF COURSE AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: February 23, 2022 Contract Modification Agreement No. 1 with Materials Testing and Consulting for the Oyster Bay Beach Sewer Upgrades project COUNCIL MEETING Date: March 2, 2022 Department: Engineering 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 4L Page 1 of 2 Contract Modification Rev. 09/2021 CONTRACT MODIFICATION AGREEMENT NO. 1 BETWEEN THE CITY OF BREMERTON AND MATERIALS TESTING AND CONSULTING PROJECT: Oyster Bay Beach Sewer Upgrades CONSULTANT: Materials Testing and Consulting DATE: February 7, 2022 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE Oyster Bay Beach Sewer Upgrades AGREEMENT (the "Contract") entered into between the City of Bremerton and Materials Testing and Consulting on June 7, 2021. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Scope , is modified as follows: See additional scope attached 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 $32,158 including 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 delays related 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 2 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 Modification on the day and year first written above. City Engineer / Public Works Director approved to process _________________________ (Initials and Date) CONSULTANT THE CITY OF BREMERTON By: By: Print Name:Raymond McNamara Print Name:Greg Wheeler_________ Its:President Its:Mayor______________________ Date: Date: APPROVED AS TO FORM: ATTEST: By: By: KYLIE J. FINNELL, Bremerton City Attorney ANGELA 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 777 Chrysler Drive 345 6th Street, Suite 100 Burlington, WA 98233 Bremerton, WA 98337-1891 R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 09 2021.docx Ned Lever Digitally signed by Ned Lever DN: C=US, E=ned.lever@ci.bremerton.wa.us, O=City of Bremerton, OU=Engineering, CN=Ned Lever Date: 2022.02.09 10:08:56-08'00' Date: January 27, 2022 Contact: Phone: Fax: Based on Plans Dated:Feb 01, 2021 Item Unit Quantity Rate Total IPD-S - Site Subgrade & Rock Course Compaction- for Full Depth Asphalt Paving and All Concrete Flatwork-includes compaction of gravel pathways Hour 20 72.00$ 1,440.00$ IPD-A - Asphalt Paving - includes overlays, drives and full depth 2350 tons Hour 20 72.00$ 1,440.00$ SAMPU - Sample Pickup if Required (Allowance)Hour 1 72.00$ 72.00$ 2,952.00$ Item Unit Quantity Rate Total EXT - Asphalt Extraction with Gradation Each 2 275.00$ 550.00$ RICE - Rice Density- each paving day even on Commercial if compaction is desired Each 2 95.00$ 190.00$ 740.00$ Item Unit Quantity Rate Total PM - Project Manager Hour 3 90.00$ 270.00$ 270.00$ $ 3,962.00 Respectfully Submitted, Deane Ramsdell 360.508.6336 24/7 • 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. Subtotal - Project Management & Consulting Services: Budget Estimate for Services - Total: Project Management & Consulting Services Laboratory Testing • 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. 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: Subtotal - Special & Construction Inspection: Architect: City of Bremerton Client Name: City of Bremerton Department of Public Works and Utilities William Davis (360) 473-2312 Email: william.davis@ci.bremerton.wa.us Address: 3027 Olympus Drive, Bremerton, WA 98310 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 Special & Construction Inspection 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. Subtotal - Special & Construction Inspection: • 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. Printed Name & Title Date Client Authorized Signature Environmental ● Geotechnical Engineering ● Special Inspection ● Non-Destructive Testing ● Materials Testing Burlington ● Olympia ● Bellingham ● Silverdale ● Tukwila p: 360.755.1990 ● f: 360.755.1980 ● www.mtc-inc.net Page 1 of 1 EXHIBIT A - SCOPE OF WORK AND FEES FOR MATERIALS TESTING AND LABORATORY SERVICESEXHIBIT A 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 CITY COUNCIL SUBJECT: Study Session Date: February 23, 2022 Contract Modification Agreement No. 1 with Parametrix, Inc. for the Gorst Sewer Water Hammer Analysis COUNCIL MEETING Date: March 2, 2022 Department: Engineering 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 miles to the City’s 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 4M Page 1 of 2 Contract Modification Rev. 09/2021 CONTRACT MODIFICATION AGREEMENT NO. 1 BETWEEN THE CITY OF BREMERTON AND PARAMETRIX PROJECT: Gorst Sewer Water Hammer Analysis CONSULTANT: Parametrix, Inc. DATE: February 9, 2022 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE Gorst Sewer Water Hammer Analysis AGREEMENT (the "Contract") entered into between the City of Bremerton and Parametrix, Inc. on June 28, 2019. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Scope , is modified as follows: See additional scope attached as Exhibit A. Section II. Term , is modified as follows: The Consultant shall complete the work described in this Contract Modification Agreement by July 31, 2022. Section III. Compensation , is modified as follows: The original contract amount was $24,111.39. The City shall pay the Consultant for the additional work described above, based on time and materials, an amount not to exceed $18,710.56 for a 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 delays related 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 2 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 Modification on the day and year first written above. City Engineer / Public Works Director approved 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 Attorney ANGELA HOOVER, City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Attn: Joel Linke Attn: Angela Hoover Parametrix, Inc. City of Bremerton 60 Washington Ave, Suite 390 345 6th Street, Suite 100 Bremerton, WA 98337 Bremerton, WA 98337-1891 R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 09 2021.docx City of Bremerton / Parametrix February 2022 Gorst Sewer Water Hammer Analysis Page 1 of 2 Amendment 1 – Exhibit A EXHIBIT A – AMENDMENT 1 SCOPE OF WORK FOR 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 Inflow Evaluation: Provide short written summary of calculated peak hour inflow for SB1 based on: 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 reduced based on the SB1 inflow evaluation, evaluate the following: o Reduction in pump impeller diameter to produce the reduced flow. o A combination of impeller diameter reduction and reduction of pump speed via the existing VFD 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 flow at SB1, provide recommendation(s) for which forcemains to use in normal operation based on reaching minimum scour velocity and staying below maximum velocities as recommended by Department of Ecology and based on residence time in the forcemains: o Evaluate forcemain operation for SB3 operating into only the 8-inch forcemain. o Evaluate forcemain operation recommendation for SB1 and SB4 operating in 10- inch forcemain only. o As sewer residence time in forcemains increases, potential for odors and corrosion increases as well. Forcemains are typically designed to cycle their 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 Evaluate water hammer protection with:  10-inch FM operation only (only needed if flow from SB1 increases from the previous evaluation): • Only vacuum relief valves for along forcemain, identifying critical air valves • Only the existing surge tank at SB1 City of Bremerton / Parametrix February 2022 Gorst Sewer Water Hammer Analysis Page 2 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 redundancy considering 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 the critical air valves, evaluate pros/cons/risks and costs for the following options in technical memorandum for 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 control cannisters at the valves, but providing the ability to add odor control in the future. If eliminated, City staff would observe operation to determine if there are any odor complaints.  Provide type, size and conceptual arrangement of proposed carbon canisters on air valves. • Operation and Maintenance: Summarize maintenance 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 calls with City staff using exhibits to discuss potential improvements prior to issuing final memorandum – up to 1 hour each. 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 Memorandum with engineer’s opinion of construction costs. Ray Nickel, PE, PMP (or other QC)Joel Linke, PEBrandon Moss, PESandy CosgroveLori GilbertsonAmanda LucasSr ConsultantSr Engineer (Mechanical)Engineer III Project Controls SpecialistSr Project AccountantPublications SupervisorRates: $256.83 $201.51 $142.91 $120.07 $132.10 $119.05 Task Description Total Expenses Labor Dollars Labor Hrs 100 Water Hammer Analysis $15,210.56 $0.00 $15,210.56 95 6 18 66 2 1 2 SB1 Inflow and Pump Modifications $1,546.30 $1,546.30 10 2 8 Forcemain Selection, System Curves, and Water Hammer Protection $7,328.48 $7,328.48 48 8 40 Air Valves and O&M Recommendations $974.66 $974.66 6 2 4 Tech Memo, QC Review, 2 Conf. Calls with City $5,361.12 $5,361.12 31 6 6 14 2 1 2 Subtotal of Task Budgets $15,210.56 $15,210.56 $1,540.98 $3,627.18 $9,432.06 $240.14 $132.10 $238.10 Management Reserve**$3,500.00 ** Management Reserve to be used only upon written authorization of the Owner. Total Parametrix Budget $18,710.56 Exhibit B Fee Schedule - Amendment 1 City of Bremerton Gorst Sewer Water Hammer Analysis Parametrix, Inc. ORIGINAL CONTRACT AMOUNT = $24,111.39 AMENDMENT AMOUNT = $18,710.56 REVISED CONTRACT AMOUNT = $42,821,95 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5446 adding Study Session Date: February 23, 2022 Subsection 7.15.010(cc) of the Bremerton Municipal Code (BMC) entitled “Failure to Provide Adequate Care” COUNCIL MEETING Date: March 2, 2022 Department: City Attorney Presenter: Kylie Finnell Phone: (360) 473-2345 SUMMARY: Kitsap Humane Society (KHS) has requested that the City of Bremerton add “Failure to Provide Adequate Care” to the Bremerton Municipal Code to assist in KHS’ enforcement efforts pertaining to animal cruelty cases in the City of Bremerton. ATTACHMENTS: 1) Ordinance No. 5446 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. 5446 adding Subsection 7.15.010(cc) to the Bremerton Municipal Code entitled “Failure to Provide Adequate Care.” COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5A Page 1 of 2 City Ordinance Form BMC 7.15.010(cc) Rev. 09/2021 Failure to Provide Adequate Care ORDINANCE NO. ________ AN ORDINANCE of 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 Section 7.04.020(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 such as 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, but not 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 of the 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 in force 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 5446 Page 2 of 2 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 Clerk KYLIE 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 COUNCIL DISTRICT 2 LESLIE DAUGS COUNCIL DISTRICT 3 JEFF COUGHLIN COUNCIL DISTRICT 4 QUINN DENNEHY COUNCIL DISTRICT 5 MICHAEL GOODNOW