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Home My WebLink About08/17/2022 CITY COUNCIL AGENDA PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 WEDNESDAY, AUGUST 17, 2022 CITY COUNCIL Virtual/Live Stream VIRTUAL MEETING AGENDA To help reduce the spread of COVID-19, the City Council is conducting a virtual meeting. The Chambers remains 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/83188180473?pwd=aGFBS2gyemNPVTdZL3NUODIrZjJrZz09 Or One tap mobile: US: US: +12532158782,,83188180473#,,,,*173061# or +17193594580,,83188180473#,,,,*173061# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 215 8782 or +1 719 359 4580 or +1 346 248 7799 or +1 669 444 9171 Webinar ID: 831 8818 0473 Passcode: 173061 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.CONSENT AGENDA A.Claims and Check Register B.Minutes of Meeting – August 3, 2022 C.Minutes of Study Session – August 10, 2022 D.Confirm Appointment of Vanessa Acierto to Bremerton Kitsap Access Television (BKAT) Citizens Advisory Committee E.Public Works Agreement with Intermountain Slurry Seal, Inc. for the 2022 to 2024 Unit Priced Contract for the Preservation of City Streets by Chip Seal and/or Slurry Seal Project F.Public Works Agreement with Nova Contracting, Inc. for the Well 9R Site Development Project 4.PUBLIC RECOGNITION – This is an opportunity for attendees to address the Council on any City- related item that is not already listed on the Agenda. Please raise your hand to be recognized by the Council President, state your name for the record, and limit your comments to under 3-minutes… 5.GENERAL BUSINESS – There are no General Business items tonight... 6.COUNCIL MEMBER REPORTS 7.EXECUTIVE SESSION A.20-Minutes to evaluate the qualifications and compensation of an applicant seeking public employment as allowed under RCW 42.30.110 (1) (g); Action is anticipated… 8.ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING MAYOR’S REPORT August 17, 2022 Photo courtesy of Port of Bremerton Community Feedback Survey on Cable, Broadband and Internet Services Extended Until Sept. 30! •The City is preparing to improve its broadband and cable services. As the City focuses on renewing its current cable television franchises, we are looking for improvements that will help our residents. Thank you to all who have taken the survey so far! •We want to ensure we have gathered information from across the City. We want to know the cable television, internet, and broadband services needs and interests of our citizens. •The survey period has been extended until September 30 to capture as much input as possible! •Tell us know what’s needed in the future and what improvements would help in our community. Residents can take the survey online at BremertonWA.gov/CableSurvey. Joint City/Navy Traffic Study Update •The City of Bremerton, with funding from the Department of Defense, is continuing to work on a detailed commuter traffic study –called the Joint Compatibility Transportation Plan (JCTP) •Work is underway to evaluate options to address commuter traffic and parking issues related to the Puget Sound Naval Shipyard in and around the City. •A preferred alternative for solutions will be drafted and presented for public comment at a public meeting in early October •Once public feedback is gathered, the preferred alternative will be refined and finalized. •The final plan and report will be completed in early 2023 For more information on the Joint Compatibility Transportation Plan, please visit the project webpage at BremertonWA.gov/JCTP. City Wayfinding Plan •Wayfinding refers to signs that help residents and visitors navigate Bremerton •A wayfinding plan is underway and will create signage design standards and a plan for implementing signage •An online public survey is now open until September 2 to gather feedback on draft signage designs. The survey can be found at https://www.surveymonkey.com/r/BremertonWayfinding •The plan will be completed in early 2023. The first phase of the signage will be implemented in 2023. For questions and more information on the Citywide Wayfinding Plan, please contact Katie Ketterer at 360-473-5334 or Katie.Ketterer@ci.bremerton.wa.us –or visit the project webpage at BremertonWA.gov/wayfinding. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: August 17, 2022 Department: Legal Services Presenter: Angela Hoover Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1.Check Numbers 399322-399508 and Electronic Fund Transfers V35681-V35783 in the grand total amount of $2,692,831.79 2.Regular Payroll for pay period ending July 31, 2022 in the amount of $986,853.32 3.Regular Payroll for payouts for pay period ending July 31, 2022 in the amount of $20,684.31 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 3A AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting – August 3, 2022 Study Session Date: N/A COUNCIL MEETING Date: August 17, 2022 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Meeting held on August 3, 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 August 3, 2022 Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 3B 2 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, August 3, 2022 A virtual meeting of the City Council of the City of Bremerton was called to order Wednesday, August 3, 2022, at 5:30 PM with Council President Michael Goodnow presiding. Council Members present were Eric Younger, Anna Mockler, Quinn Dennehy, Jeff Coughlin, Denise Frey, and Jennifer Chamberlin. Also present were Assistant City Attorney Brett Jette; City Clerk Angela Hoover; Legislative Office Manager Lori Smith; and IT Manager Dave Sorensen. President Goodnow announced that the City Council is conducting the Council Meeting via Zoom, and all Council Members and staff will be participating remotely. MAYOR’S REPORT – Mayor Wheeler provided highlights on the following two topics… Martin Luther King Jr. Library Number of Permits Approved and Evaluations for the Year CONSENT AGENDA 3A – Claims & Check Register: Check Numbers 399098 through 399321, and Electronic Fund Transfers V35612 through V35680 in the grand total amount of $3,195,499.28; Regular Payroll for pay period ending July 15, 2022 in the amount of $1,027,1157.66; Regular Payroll for payout for pay period ending July 15, 2022 in the amount of $3,037.62; and Retiree Payroll for pay period ending July 31, 2022 in the amount of $47,819.08 3B – Minutes of Meeting – July 20, 2022 3C – Minutes of Study Session – July 27, 2022 3D – Confirm Reappointment of Beverly Kincaid to the Civil Service Commission 3E – Lease Agreement between Kitsap County and City of Bremerton for use of BKAT Facilities 3F – Set Annual Compensation for the Bremerton Municipal Court Judge effective July 1, 2022 3G – Acceptance of Grants and Interagency Agreements with WA State Administrative Office of the Courts (AOC) for Therapeutic Court 3H – Professional Services Agreement with KPG Psomas, Inc. for the West Kitsap Way Transportation Planning Study 3I – Supplemental Agreement No. 4 with Skillings, Inc. for the Design of the Washington Avenue & 11th Street Roundabout Project There were no questions or comments from the public… 5:39 PM M/S/C/U (Mockler/Dennehy) Move to approve the CONSENT AGENDA as presented. PUBLIC RECOGNITION Comments from the public were provided by Jo Walter; Marwan Cameron with The Conduit Podcast; Jeff Campbell; and Jordan Keller… President Goodnow and Mayor Wheeler provided the City’s response to the homelessness issues on MLK Way… Comments were added by Council Members Chamberlin, Coughlin, Mockler, and Frey… GENERAL BUSINESS 5A – PUBLIC WORKS AGREEMENT WITH SOUND PACIFIC CONSTRUCTION, LLC FOR THE EAST 11TH STREET & PERRY AVENUE RECONSTRUCTION PROJECT: Engineering Project Manager Vicki Grover used a PowerPoint to explain that East 11th Street & Perry Avenue are City Council Reg. Mtg. Minutes Wednesday, August 3, 2022 Page 2 of 3 arterials in East Bremerton and have been documented to have poor pavement and sidewalk condition. The project reconstructs both roadway and sidewalks on East 11th Street from Pitt Ave to Perry Avenue and Perry Avenue from East 11th Street to East 17th Street. The project also provides pedestrian lighting, stormwater improvements, utility improvements and other amenities. Bids for the construction of the project were opened on July 6, 2022 and 4 bids were received. The apparent low bidder was rejected as the bid was nonresponsive. Sound Pacific Construction, LLC, was the lowest responsive, responsible bidder with a bid of $5,575,580.40, including sales tax. Staff recommends award of the East 11th Street & Perry Avenue Reconstruction Project Contract to Sound Pacific Construction, LLC. There were no questions or comments from the public… 6:08 PM Motion was made by Coughlin; and seconded by Frey… Comments were provided by Coughlin and Mockler… 6:11 PM M/S/C/U (Coughlin/Frey) Move to award the Contract to Sound Pacific Construction, LLC for the East 11th Street & Perry Avenue Reconstruction Project in the amount of $5,575,580.40, including sales tax; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. 5B – ORDINANCE NO. 5453 AMENDING CHAPTER 6.32 OF THE BREMERTON MUNICIPAL CODE ENTITLED “NOISE LEVELS”: Assistant City Attorney Mychael Raya stated that the City is seeking to amend Chapter 6.32 of the Bremerton Municipal Code entitled “Noise Levels” for the purpose of minimizing the exposure of citizens to the physiological and psychological effects of excessive noise and to protect, promote and preserve the public health, safety and welfare. It is the express intent of the City Council to control the level of noise in a manner which promotes commerce; the use, value and enjoyment of property; sleep and repose; and the quality of the environment. Recognizing these risks and within the limits established by the First Amendment, recommend Chapter 6.32 be amended to address the problem of noise pollution. Assistant City Attorney Brett Jette was also available to answer any questions…. There were no questions or comments from the public… 6:17 PM M/S/C/U (Chamberlin/Dennehy) Move to pass Ordinance No. 5453 amending Chapter 6.32 of the Bremerton Municipal Code entitled “Noise Levels.” COUNCIL MEMBER REPORTS Jennifer Chamberlin looked forward to continuing the conversation on public services. Denise Frey reiterated her support for continuing the conversation; commented on Safe Routes to School; and looked forward to hosting a District 2 Meeting, possibly a joint meeting with neighboring Council Districts; and thanked the Finance Department for the draft Budget. Jeff Coughlin encouraged attendance at Bremerton Green Drinks on August 11 and “Music in Manette” at Whitey Domstead Park on Thursday evenings from 6:30 to 8:30 PM; and highlighted the Lower Roto Vista Park but acknowledged there is some work to do. Quinn Dennehy highlighted the major issue of homelessness and drug addiction that is across the Nation, and how it is a very complex problem, but he is hopeful that there are members of the Bremerton community willing to help. On another matter, he thanked the Mayor and City officials for their assistance in responding to code enforcement and parking issues in District 4. Anna Mockler referred to the Council goals and hoped that Council could be more proactive. City Council Reg. Mtg. Minutes Wednesday, August 3, 2022 Page 3 of 3 Eric Younger in response to comments by Council Member Mockler, mentioned that past Council Members did assign goals to specific Council Committees; and in response to comments by Council Member Frey, mentioned that past Council Members held joint District meetings. President Goodnow established that in pre-Covid days, the Goals were displayed on a poster on the wall for constant reminders; thanked everyone who voted in the primary; and mentioned a few upcoming local festivals, including the West Sound Film Festival; wished Council Member Jeff Coughlin a happy birthday tomorrow, August 4; and was pleased there was such a good turnout at Kitsap Pride Festival this year. At 6:43 PM, President Goodnow announced that a 30-Minute Executive Session would be held to discuss Pending Litigation and Potential Litigation as allowed under RCW 42.30.110(1)(i); and that Council action is anticipated… 7:14 PM Motion was read into the record by Assistant City Attorney Mychael Raya; which was so moved by Dennehy; and seconded by Coughlin… 7:15 PM M/S/C (Dennehy/Coughlin) Move to authorize the City Attorney to initiate and pursue any necessary litigation and take any other necessary action to abate any and all nuisances and code violations on property located at 1138 N. Callow Avenue, 426 S. Lafayette Avenue, 827 6th Street, 1569 Thompson Drive, 3811 9th Street and 2120, 2116, and 2010 E. Phinney Bay Drive. Voted in favor of Motion: Frey, Coughlin, Dennehy, Mockler, Younger, Goodnow Abstention: Chamberlin Motion carried: 6-Yes; and 1-Absention President Goodnow reminded the public that Council meetings will continue to be held remotely through October 5, 2022, including the Study Session next Wednesday, August 10 at 5:00 PM. With no further business, President Goodnow adjourned the Council Meeting at 7:17 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 17th day of August, 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 – August 10, 2022 Study Session Date: N/A COUNCIL MEETING Date: August 17, 2022 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Study Session held on August 10, 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 August 10, 2022 Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 3C 2 CITY COUNCIL STUDY SESSION MINUTES Wednesday, August 10, 2022 A virtual Study Session of the City Council of the City of Bremerton was called to order on Wednesday, August 10, 2022 at 5:00 PM, with Council President Michael Goodnow presiding. Other Council Members present were Eric Younger, Anna Mockler, Quinn Dennehy, Jeff Coughlin, Denise Frey, and Jennifer Chamberlin. Also present were Legislative Office Manager Lori Smith, and IT Systems Administrator Kelly Wells. President Goodnow established that the City Council is conducting the Study Session via Zoom, and that all Council Members and staff will be participating remotely. He further established that the Study Session is open for the public to listen-in, but there will be no opportunities for input; the content of these items is subject to change; and no action is anticipated. If approved by the Council, these items will be placed on the August 17, 2022 City Council Virtual Meeting Agenda… A.BRIEFINGS on AGENDA BILL ITEMS 1.Confirm Appointment of Vanessa Acierto to the Bremerton Kitsap Access Television (BKAT) Citizens Advisory Committee Consent Agenda 2.Public Works Agreement with Intermountain Slurry Seal, Inc. for the 2022 to 2024 Unit Priced Contract for the Preservation of City Streets by Chip Seal and/or Slurry Seal Project Consent Agenda 3.Public Works Agreement with NOVA Contracting, Inc. for the Well 9R Site Development Project Consent Agenda B.GENERAL COUNCIL BUSINESS o Public Safety Committee Briefing (Last Meeting 8/4/22) – Chair Jennifer Chamberlin o Other General Council Business was discussed. President Goodnow reminded Council Members attending the Public Works Facilities Tour tomorrow on August 11 to meet in the north parking lot of the Oyster Bay Public Works Facility at 8:00 AM; discussed possible dates for a proposed tour of NBK & PSNS; and lastly, reminded the public that meetings will continue to be held remotely, including the next Council Meeting on Wednesday, August 17, 2022, beginning at 5:30 PM. With no further business, the Study Session was adjourned at 6:15 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 17th day of August, 2022. MICHAEL GOODNOW , Council President City Council Study Session Minutes Wednesday, August 10, 2022 Page 2 of 2 ATTEST: ______________________________ ANGELA HOOVER, City Clerk MG:AH:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirm Appointment of Vanessa Acierto to the Bremerton Kitsap Access Television (BKAT) Citizens Advisory Committee Study Session Date: August 10, 2022 COUNCIL MEETING Date: August 17, 2022 Department: Executive Presenter: Mayor Wheeler Phone: (360) 473-5266 SUMMARY: The Mayor is seeking confirmation of the appointment of Vanessa Acierto to the BKAT Citizens Advisory Committee as the City of Bremerton Representative. It is a one-year position from Sept. 13, 2022 through Sept. 12, 2023. ATTACHMENTS: Application to the committee is available in the Mayor’s Office 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 confirm the appointment of Vanessa Acierto to the BKAT Citizens Advisory Committee for a one-year term. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/07/15 3D AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: August 10, 2022 Public Works Agreement with Intermountain Slurry Seal, Inc. for the 2022 to 2024 Unit Priced Contract for the Preservation of City Streets by Chip Seal and/or Slurry Seal Project COUNCIL MEETING Date: August 17, 2022 Department: Public Works & Utilities Presenter: Dave Carter Phone: (360) 473-5333 SUMMARY: The City annually programs pavement preservation using Chip Seal and/or Slurry Seal, and bids the work each year; however, for 2022 we have prepared a Unit Priced Contract that follows RCW 35.22.620. Using this approach, we will award a three-year contract that establishes the unit price of each of the materials to be incorporated into the work and will execute annual task orders that define the road to be preserved; the 2022 work is generally located within West Bremerton as shown in the attached figure. The project was competitively bid, and 2 bids were received. Intermountain Slurry Seal, Inc. was the lowest responsive responsible bidder at $1,684,520.34 for the 3-year contract. ATTACHMENTS: 1)2022-2024 Chip Seal and Slurry Seal Unit Priced Contract; 2) Bid Results; 3) Site Plan FISCAL IMPACTS (Include Budgeted Amount): This project is included in the Transportation Capital Projects Fund with a budget of $650,000. STUDY SESSION AGENDA: ☒Limited Presentation ☐Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐General Business ☐Public Hearing RECOMMENDED MOTION: Move to approve the Public Works Agreement with Intermountain Slurry Seal, Inc. for the 2022–2024 Unit Priced Contract for the Preservation of City Streets by Chip Seal and/or Slurry Seal Project in the amount not to exceed $1,684,520.34, including sales tax; and authorize the Mayor to finalize and execute the contract with substantially the same terms and conditions presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 3E 2022 – 2024 Chip Seal and Slurry Seal Unit Priced Contract PUBLIC WORKS AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation (“City”), and Intermountain Slurry Seal, Inc. (“Contractor”), whose mailing address is 1120 Terminal Way, Reno NV 89502 . The parties agree as follows: 1.CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: Chip Seal or Slurry seal various streets over the course of this three year unit priced contract. Contractor shall complete the WORK as specified or indicated in the CITY’s Contract Documents entitled 2022 – 2024 Chip Seal and Slurry Seal Unit Priced Contract. 2.TIME OF COMPLETION. The WORK shall obtain Physical Completion within the number of working days established under each assigned Work Order. 3.COMPENSATION. The City shall pay the Contractor for completion of the WORK in accordance with the Contract Documents. The City has established this contract as a Unit Priced Contract for a three- (3) year period with a possible additional option year. Work under this contract will be authorized by Work Order using a Work Order form that will describe the work including total quantities, associated unit prices, and a total Work Order Price. Unit prices shall be based on the Bid Schedule, including annual adjustment as described in the Proposal Form. Applicable Washington State Retail Sales Tax on this contract shall be governed by WAC 458-20-171 and its related rules for the work contemplated in this agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City payment shall not constitute a waiver of the City’s right to final inspection and acceptance of the project. A.Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor shall provide the City a performance bond for the full contract amount to be in effect until thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B.Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. C.Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City’s written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. “Additional costs” shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D.Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4.INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub-contractors. 5.TERMINATION. The City may terminate this agreement for good cause. “Good cause” shall include, without limitation, any one or more of the following events: A.The Contractor’s refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B.The Contractor’s failure to complete the work within the time specified in this agreement. C.The Contractor’s failure to make full and prompt payment to sub- contractors or for material or labor. D.The Contractor’s persistent disregard of federal, state or local laws, rules or regulations. E.The Contractor’s filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. 6.PREVAILING WAGES. Contractor shall file a “Statement of Intent to Pay Prevailing Wages” with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. Contractor will be required to pay Kitsap County Prevailing Wage Rates current on the bid opening date. The Kitsap County rates are available at the Department of Labor and Industries website. 7.CHANGES. The City may issue a written work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City’s project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor’s costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving a written work change directive or change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A.Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1.Immediately give a signed written notice of protest to the City; 2.Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a.The date of the Contract’s protest. b.The nature and circumstances that caused the protest. c.The provisions in this agreement that support the protest. d.The estimated dollar cost, if any, of the protested work and how that estimate was determined. e.An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor’s records needed for evaluating the protest. 3.The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B.Contractor’s Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C.Contractor’s Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D.Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instructions, interpretations, and determination). E.Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written order (including directions, instructions, interpretations, and determination). F.Liens. In the event that there are any liens on file against the City of Bremerton, the City of Bremerton shall be entitled to withhold final or progress payments to the extent deemed necessary by the City of Bremerton to properly protect the outstanding lien claimants until proper releases have been filed with the City Clerk 8.CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extens ion of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor’s written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9.WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the City’s acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10.INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officer, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the City’s sole negligence. The City’s inspection or acceptance of any of Contractor’s work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR’S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11.INSURANCE. The Contractor shall procure and maintain for the duration of this agreement insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, sub-consultants or sub- contractors. Before beginning work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A.Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B.Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and C.Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate; and 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 Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor’s insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with res pects to the limits of the insurer’s liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. In the event that the Contractor employs other contractors (sub-contractors) as part of the work covered by this Agreement, it shall be the Contractor’s responsibility to require and confirm that each sub-contractor meets the minimum insurance requirements specified above. The Contractor 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. 12.MISCELLANEOUS. A.Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Contractor, its subcontractors, or any person acting on behalf of Contractor shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. B.ADA Statement. The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. C.Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. D.Work Performed at Contractor’s Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor’s own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E.Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect F.Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. G.Attorney’s Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties’ performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney’s fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City’s right to indemnification under Section 10 of this agreement. H.Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. I.Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. J.Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. K.Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. L.Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. M.Mutually Bound. Contractor and Subcontractor are mutually bound by the terms of this agreement. Terms of this agreement will apply to the work of any subcontractor. The Contractor shall assume toward the subcontractor all obligations and responsibilities the Owner, under this agreement, assumes toward the Contractor, and the Subcontractor shall assume toward the Contractor all obligations and responsibilities which the Contractor, under this agreement, assumes towards the Owner. N.Solicitation of Minority Business. Per RCW 35.22.650, Contractor agrees that the contractor shall actively solicit the employment of minority group members. Contractor further agrees that the contractor shall actively solicit bids for the subcontracting of goods or services from qualified minority businesses. Contractor shall furnish evidence of the contractor's compliance with these requirements of minority employment and solicitation. Contractor further agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially equal proposals in the light most favorable to said minority businesses. The contractor shall be required to submit evidence of compliance with this section as part of the bid. IN WITNESS WHEREOF, the parties below have executed this agreement. CONTRACTOR THE CITY OF BREMERTON Print Name: Joshua R. Bowen Print Name: Greg Wheeler Title: VP & Assistant Secretary Title: Mayor DATE DATE Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: 345 6th Street, Suite 100 Bremerton, WA 98337 (360) (360) (facsimile) APPROVED AS TO FORM: Kylie J. Finnell Bremerton City Attorney ATTEST: Angela Hoover, City Clerk CITY OF BREMERTON BID TABULATION 2022-2024 Chip Seal and Slurry Seal Unit Priced Contract 6/30/2022 ENGINEER ESTIMATE (INC SALES TAX) APPARENT LOW BIDDER SECOND LOW BIDDER THIRD LOW BIDDER 11:00a.m. SUMMARY $ Angela Hoover Angela Hoover $430,264.64 ,�1 s.1 Mflfl,I.F Sf Ww,nwrRd N A AU1k*f1•1 "' r .. was, .l � ! .,;,..," w., Ca,ftd.rif "'••,GD-, T-.c:1111c .. &.ii�,. ... 23 F..itN,1su11.._. Jir,ic,, ..... f-1011 I�, -. .... . �· • .f Drawing Scale Horiz. 1:12,000 Drawing Name / # City of 'Bremerton ..... , ,._ ...... Department of Public Works & Utilities Engineering Division t < � ... ....... ··- t s.11111raM ,,I- z.t".)e� .... '?I.,..,, \'"1) Q l -'l C � Allldenv•'Co .. lffell'eb I f .......... . . 11l?h s, ' llf,O'ltpc > 2'.4 a Col� a , t t.,._ .. -�· £ ........ ,..,. ___ ,--,J3111n..-1on lllhS1 Rehabilitated Mileage: 4.36 See Sheet 2 for segment descriptions Legend -ChipSeal -Micro Seal 2022-2024 Chip Seal and Slurry Seal Unit Priced Contract Scope of Work Location Map -Year 1 • ,,�,t, Drawn By BHM Date 5/17/2022 Design By Chris Dimmitt Checked By Shane Weber Sheet 1 of 2 � i � CoB Pavement Length Width Pavement Segment# Area Repair Condition Street From To (FT) (FT) (SY) Treatment on map GISID#s (SY) 1 2048, 2057, 2060, 2098 Constitu tion Ave. Arsenal Way Preble St. 1572 varies 4529.00 Chip Seal 0 2 2586, 2587, 2588, 2589,2857 Arsenal Way City Limit Yantic 1106 varies 3318.00 Micro Seal 20 3 1960, 1961, 1962, 1963 Patton Ave. Yantic Ave Lafayette Ave. 810 22 1980.00 Micro Seal 0 4 1966,2045 Hartford Ave. 1st St. Patten Ave. 1080 22 2640.00 Micro Seal 0 5 2427 Montgomery Ave. Burwell St. 6th St. 600 26 1733.33 Micro Seal 0 6 1795 Bryan Ave. Burwell St. 6th St. 600 24 1600.00 Chip Seal 0 7 1154 7th St. Roosevelt Ave. Hewitt Ave. 445 27 1335.00 Chip Seal 0 8 1191, 1406 10th St. Hewitt Ave. High Ave. 445 27 1335.00 Chip Seal 0 9 1004, 1005 Sidney Ave. 12th St. 12th St. 599 29 1930.11 Chip Seal 0 10 1996 Ohio Ave. 11th St. 12th St. 285 25 791.67 Chip Seal 0 11 1305 14th St. Ohio Ave. Lincoln Ave. 230 30 766.67 Micro Seal 0 12 1757,1759 Lincoln Ave. 14th St. 15th St. 632 24 1685.33 Micro Seal 0 1129, 1188, 1193, 1212, 1405, 1411, 2276, 2283, 2287, 13 2317, 2322, 2329, 15th St. Lafayette Ave. High Ave. 3800 25 10555.56 Chip Seal 0 2331, 2354, 2355, 2428, 2429, 2430, 2837,2848 14 1691 Rainier Ave. 19th St. 20th St. 800 25 2222.22 Chip Seal 0 15 1090 Taft Ave. 19th St. 20th St. 202 22 493.78 Chip Seal 0 16 1089 Taft Ave. 20th St. North end 104 22 254.22 Chip Seal 0 17 1142,1328 20th St. Rainier Ave. Taft Ave. 128 22 312.89 Chip Seal 0 18 1744, 1747, 1748, Wycoff Ave. 15th St. 24th St. 2187 24 5832.00 Chip Seal 0 1750,1895 19 1432,1736 Cambrian Ave. 15th St. 19th St. 1084 24 2890.67 Chip Seal 0 20 1818 Lower Marine Dr. Marine Dr. Valley Dr. 514 24 1370.67 Chip Seal 6 21 2077 Weslon Pl. Kitsap Way North end 400 22 977.78 Chip Seal 0 22 2744 Russell Rd. Bay Vista Blvd. Oyster Bay Ave. 1410 23 3603.33 Micro Seal 0 23 2929 1st. St. Bremerton Blvd. National Ave. 600 25 1666.67 Chip Seal 0 24 1201,1349 17th St. Warren Ave. Park Ave. 605 20 1344.44 Chip Seal 0 m Drawing Scale City of 'Bremerton 2022-2024 Chip Seal and Slurry Seal Horiz. NA Department of Public Works & Utilities Unit Priced Contract Engineering Division Scope of Work Location Map -Year I '::. a:D:l � Drawing Name / # I Design By: Chris Dimmitt I Checked By: Shane Weber I Sheet 2 of 2 ·� f.1::ir.Y.t::lf.a••J�I Drawn By BHM Date 5/17/2022 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: August 10, 2022 Public Works Agreement with Nova Contracting, Inc. for the Well 9R Site Development Project COUNCIL MEETING Date: August 17, 2022 Department: PW&U - Engineering Presenter: Bill Davis Phone: (360) 473-2312 SUMMARY: The work includes all labor, materials, equipment and supplies necessary to develop the site at 318 NW Firway Lane to drill a new well. The former well at the site was taken out of service in 2010. The work includes erosion control, tree removal, building demolition, site grading, gravel pad construction, wall construction and other activity to provide a stable, flat work area for the future well drilling project. A Request for Proposals was sent to all Contractors listed on the MRSC Small Works Roster under the category Earthwork/Grading. Four (4) cost proposals were received. The proposals were reviewed on August 1, 2022. Nova Contracting, Inc. submitted the lowest cost proposal in the amount of $234,234 (which includes sales tax). ATTACHMENTS: 1)Public Works Agreement; 2) Vicinity Map; 3) Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount): The project is included in the 2022 Water CIP. STUDY SESSION AGENDA: ☒Limited Presentation ☐Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐General Business ☐Public Hearing RECOMMENDED MOTION: Move to award the Public Works Agreement with Nova Contracting, Inc. for the Well 9R Site Development Project in the amount of $234,234.00; 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 3F PUBLIC WORKS AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation (“City”), and NOVA Contracting, Inc. (“Contractor”), whose mailing address is 6526 110th Ave SW Olympia, WA 98512. The parties agree as follows: 1.CONTRACTOR SERVICES. The Contractor shall perform the following services for the City described in the Bid Documents titled: Well 9R Site Development. 2.TIME OF COMPLETION. Contractor shall complete the work within 40 calendar days from the date of issuance of the City’s Notice to Proceed. 3.COMPENSATION. The City shall pay the Contractor the total amount of $234,234, including applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City payment shall not constitute a waiver of the City’s right to final inspection and acceptance of the project. A.Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor shall provide the City a performance bond for the full contract amount to be in effect until thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B.Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. C.Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City’s written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. “Additional costs” shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D.Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4.INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub- contractors. 5.TERMINATION. The City may terminate this agreement for good cause. “Good cause” shall include, without limitation, any one or more of the following events: A.The Contractor’s refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B.The Contractor’s failure to complete the work within the time specified in this agreement. C.The Contractor’s failure to make full and prompt payment to sub- contractors or for material or labor. D.The Contractor’s persistent disregard of federal, state or local laws, rules or regulations. E.The Contractor’s filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. 6.PREVAILING WAGES. Contractor shall file a “Statement of Intent to Pay Prevailing Wages” with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. Contractor will be required to pay Kitsap County Prevailing Wage Rates current on the bid opening date. The Kitsap County rates are available at the Department of Labor and Industries website. 7.CHANGES. The City may issue a written work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City’s project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor’s costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving a written work change directive or change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A.Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1. Immediately give a signed written notice of protest to the City; 2.Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Contract’s protest. b.The nature and circumstances that caused the protest. c.The provisions in this agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e.An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor’s records needed for evaluating the protest. 3.The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B.Contractor’s Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C.Contractor’s Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D.Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instructions, interpretations, and determination). E.Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written order (including directions, instructions, interpretations, and determination). F.Liens. In the event that there are any liens on file against the City of Bremerton, the City of Bremerton shall be entitled to withhold final or progress payments to the extent deemed necessary by the City of Bremerton to properly protect the outstanding lien claimants until proper releases have been filed with the City Clerk 8.CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor’s written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9.WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the City’s acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officer, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the City’s sole negligence. The City’s inspection or acceptance of any of Contractor’s work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR’S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11.INSURANCE. The Contractor shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Contractor, its agents, representatives, employees or sub-contractors. Before beginning the work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A.Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 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 from property damage; explosion, collapse and underground (XCU) if applicable; and C.Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. . Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor’s insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. In the event that the Contractor employs other contractors (sub-contractors) as part of the work covered by this Agreement, it shall be the Contractor’s responsibility to require and confirm that each sub-contractor meets the minimum insurance requirements specified above. The Contractor 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. 11.INSURANCE. The Contractor shall procure and maintain for the duration of this agreement insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, sub-consultants or sub- contractors. Before beginning work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A.Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B.Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and C.Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate; and 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 Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor’s insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. In the event that the Contractor employs other contractors (sub-contractors) as part of the work covered by this Agreement, it shall be the Contractor’s responsibility to require and confirm that each sub-contractor meets the minimum insurance requirements specified above. The Contractor 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. 12.MISCELLANEOUS. A.Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Contractor, its subcontractors, or any person acting on behalf of Contractor shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. B.ADA Statement. The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. C.Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. D.Work Performed at Contractor’s Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor’s own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E.Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect F.Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. G.Attorney’s Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties’ performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney’s fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City’s right to indemnification under Section 10 of this agreement. H.Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. I.Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. J.Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. K.Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. L.Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. M.Mutually Bound. Contractor and Subcontractor are mutually bound by the terms of this agreement. Terms of this agreement will apply to the work of any subcontractor. The Contractor shall assume toward the subcontractor all obligations and responsibilities the Owner, under this agreement, assumes toward the Contractor, and the Subcontractor shall assume toward the Contractor all obligations and responsibilities which the Contractor, under this agreement, assumes towards the Owner. N.Solicitation of Minority Business. Per RCW 35.22.650, Contractor agrees that the contractor shall actively solicit the employment of minority group members. Contractor further agrees that the contractor shall actively solicit bids for the subcontracting of goods or services from qualified minority businesses. Contractor shall furnish evidence of the contractor's compliance with these requirements of minority employment and solicitation. Contractor further agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially equal proposals in the light most favorable to said minority businesses. The contractor shall be required to submit evidence of compliance with this section as part of the bid. IN WITNESS WHEREOF, the parties below have executed this agreement. NOVA CONTRACTING, INC. THE CITY OF BREMERTON Print Name: Print Name: Greg Wheeler Title: Title: Mayor DATE DATE Notices to be sent to: Notices to be sent to: NOVA CONTRACTING, INC. CITY OF BREMERTON: Attn: Jordan Opdahl Attn: Angela Hoover 6526 110th Ave SW 345 6th Street, Suite 100 Olympia, WA 98512 Bremerton, WA 98337 (360) 754-2600 (360)473-5323 APPROVED AS TO FORM: Kylie J. Finnell Bremerton City Attorney ATTEST: Angela Hoover, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Public Works Agreement (short form) Rev. 05 2022.doc WELL 9R – VICINITY MAP BID TITLE: SECOND LOW BIDDER - Northwest Cascade, Inc. $270,237.24 THIRD LOW BIDDER - Pape & Sons Construction, Inc. $331,422.00 DATE OPENED: RECORDED BY: $282,000.00 ENGINEER ESTIMATE (INC SALES TAX) APPARENT LOW BIDDER - NOVA Contracting, Inc. $234,234.00 SUMMARY Pape & Sons Construction, Inc.√ $303,500.00 $ 27,922.00 $331,422.00 NOVA Contracting, Inc.√ $214,500.00 $ 19,734.00 $234,234.00 Vet Industrial √ $332,800.00 $ 30,617.60 $363,417.60 Northwest Cascade, Inc.√ $247,470.00 $ 22,767.24 $270,237.24 CITY OF BREMERTON BID TABULATION BOND BASE BID + CONTINGENCY SALES TAX TOTALNAME OF BIDDER OPENED BY: 8/1/2022 TIME OPENED: Well 9R Site Development 2:00 PM Noreen Bolo Bill Davis/ Noreen Bolo Which places in Bremerton need better signage to help people find them? CIRCLE an existing dot if you agree or DRAW a new dot if a place isn't on the map yet. Select up to 5 places. fj ndergast Regional Park V Lions Park Lent Landing Park A Sheridan Community Center Bremerton Community Theater Mountain View Middle 4Madrona Trails * L11llan and James Walker Park I�1remerton Family YMCA A,toft o .. � �Lower Roto.V1sta Park East Parle Jatan Park \ 4Bremerton Ice Center Crownhill Elementary Jaddon Pilrk Bridge to Bridge Trail • -tilympic College�\ Evergreen RotarY, Park Jremerton High School) \Smith Nature Play Park £.--':Kitsap 9/11 Memorial / Na"I A•enue Eocly Leammg Centa /'"" A,enue Plaf,Old Ma� Neighborhoodi'"'"';Park " I ·� Whitey Domstad Parli Bremerton Senior Center c,ty of Bremerton (Town Hall) United ttes Postal�1ce / Our Lady Star of the Sea Schoolt . a . /, L/ IForest Ridge Park Kiwanis pfrk Admiral Theater �ap County Historical Mus�urn iena,ssance High School Valentmctti Puppet Museu rffcitJ of Bremen on inited S1ates Postal Service(�harleston Neighborhood /est Hills STEM Academy K. I 1tsap Conference Center �ouis Mentor Boardwal!{ Bremerton Naval Museuif Harborside Fo.untain Parli Bremerton Ferry Tenmnal Bremerton Destination Hierarchy I Levell DestinationLevel 2 Destination I Level 3 Destination Level 1: Cities and Regional Destinations Level 2: Districts, Neighborhoods, Major Landmarks Level 3: Local Destinations and Landmarks City of Bremerton 2022 Wayfindlng Survey Welcome! Tak thls-l-mlnut survey to huo your idns abou how ta mak it tuler to navigate Bremerton. L�.,rn rnl,l! l 4,'3 J. City of Bremerton 2022 Wayfinding Survey l What types of destinations in Bremerton would benefit most from additional directional signage7 In other words, which types of destinations are hard for people to navigate to? Select all that apply. [ I fntertalnmenr venues LJ Museums 0 Parks 0 Other (please specify) f J RP.Creatianal facilities (J Schools Bremerton Wayfinding Plan and Project SIGN DESIGN OPTIONS TO Olympic Coll&ge t • Ill I II Option A Option B TO Olympic College Bremerton High o.3m1 t1om1n Smith Nature Play Park DAniA1211111 1111 Option C COUNCIL DISTRICT 5 MICHAEL GOODNOW