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HomeMy WebLinkAbout49599/17/20 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: 2020.09.17 13:07:54-07'00' DocuSign Envelope ID: D5629E57-1B18-4FFB-B855-3293FE072578 DocuSign Envelope ID: D5629E57-1B18-4FFB-B855-3293FE072578 DocuSign Envelope ID: D5629E57-1B18-4FFB-B855-3293FE072578 9/23/2020 9/25/2020 Mayor Greg Wheeler DocuSign Envelope ID: D5629E57-1B18-4FFB-B855-3293FE072578 DocuSign Envelope ID: D5629E57-1B18-4FFB-B855-3293FE072578 DocuSign Envelope ID: D5629E57-1B18-4FFB-B855-3293FE072578 Contract Number Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 4959 CORRECT EQUIPMENT, INC. Grinder Pump System Maintenance Engineering LEG 12-1 9/15/2010 9/14/2020 6/1/2020 Comments : GRINDER PUMP SYSTEM MAINTENANCE AGREEMENT For Oftice Use Onlv Vendor# MUNIS Contract /PO Ret. Contract /PO ORG OBJ PRJ Eng ❑ Vault ❑ Appl�cant � THIS AGREEMENT FOR GRINDER PUMP SYSTEM MAINTENANCE (this "Agreement") is entered into the date last below written between the City of Bremerton, a Washington state municipal corporation (the "City") and Correct Equinment. Inc. (the "Contractor"), a Washington state corporation, and consists of the following: • Exhibit A— SCOPE OF WORK • Exhibit B— FEES AND CHARGES • Exhibit C— GRINDER PUMP SERVICE ACCOUNT • Exhibit D— GRINDER PUMP MAINTENANCE RECORD (Reporting Form) • Exhibit E— DOOR HANGER (Example Form) • Exhibit F— CUSTOMER INFORMATION BROCHURE (Example Form) • Exhibit G— GRINDER PUMP SERVICE AGREEMENT (Example Form Agreement between City and Customer) NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises, and agreements set forth herein, it is agreed by and between the City and the Contractor as follows: l. SERVICES BY CONTRACTOR The contractor shall do all work and furnish all tools, equipment, materials, parts, assemblies, and supplies for Preventive Maintenance, Emergency Call Out Maintenance, and Planned Maintenance as described in Exhibit A— Scope of Work for all properties listed in Exhibit C— Grinder Pump Service Account with a GP System connected to City's sewer system. Preventive Maintenance shall be performed on each active property listed in Exhibit C annually. If City and Contractor mutually agree that the scope of work in this agreement fails to satisfactorily maintain GP Systems, or results in costs or work efforts that have little or no substantive benefit, City and Contractor may by amendment modify Exhibit A— Scope of Work. 2. ADDITIONAL GRINDER PUMP SYSTEM INSTALLATIONS If City determines that Preventive Maintenance, Emergency Call Out Maintenance, and Planned Maintenance is required for GP Systems not provided for in Section 1 of this Agreement, City and Contractor may by an amendment to Exhibit C of this Agreement add additional properties that have a connected GP System or add properties that have a high probability of connecting a GP System. City shall each month provide to Contractor by email an update of Exhibit C as amended in electronic format showing the current status of GP System connections to the City's sewer system. 3. A. : PAYMENT Contractor shall be reimbursed for and City shall pay all fees and charges in accordance with and as described in Exhibit B— Fees and Charges. ' Contractor shall notify and shall receive City approval prior to performing any planned -1- maintenance on a single GP System that is expected to result in a billing amount exceeding $500 (Five Hundred Dollars). C. Contractor shall annually submit prior to the beginning of each Contract Year (as described in Exhibit B) a Price List for equipment, parts, and assemblies to be used as a basis for the invoicing of expenses incurred in the Contract Year, and the Contract Year Inflation Adjustment Factor (as described in Exhibit B) in a format acceptable to City. D. Contractor shall submit monthly invoices for fees and expenses incurred in a previous calendar month in a format acceptable to City no later than the S (fifth) day of a month. A copy of all Grinder Pump Maintenance Records (GPMRs) (as described in Section 11) generated in the previous calendar month shall be submitted with receipts attached to each GPMR documenting the purchase or lease of equipment, and the purchase of parts, assemblies, and supplies not included in the Price List that individually exceed $25. E. All invoices shall be paid by mailing a city check within sixty (60) days of receipt of a proper �nvoice. F. If the services rendered do not meet the requirements of this Agreement, the Contractor shall correct or modify the work to comply with this Agreement. The City may withhold payment for such work until it meets the requirements of this Agreement. 4. PAYMENT FOR SERVICE AS A RESULT OF HOMEOWNER ERRORS Homeowner or operator errors resulting in real or perceived GP System failures that incur a Contractor labor, equipment, parts, or assemblies cost shall be reimbursed by City in accordance with Section 3 of this Agreement. City shall be responsible for the final determination of responsibility for costs incurred as a result of failures caused by homeowner or operator error, and for collecting from the homeowner any and all fees as reimbursement for costs incurred as a result of failures caused by homeowner or operator error. 5. MAINTENANCE AND WORK STANDARDS Contractor shall maintain all GP Systems in accordance with federal, state and local laws and regulations, City Engineering Design and Construction Standards, National Electric Code, Washington State Plumbing Code, and Environment One Corporation maintenance standards and procedures, as amended. Contractor shall perform all work in accordance with generally accepted standards of practice for maintenance work of this type. 6. AGREEMENT FOR PROPERTY ACCESS Contractor shall be responsible for knowing and understanding the rights and responsibilities of the parties to the "Grinder Pump Service Agreement" attached as Exhibit G. Contractor shall use reasonable care to avoid damage to landscaping, trees or other privately owned site improvements where possible. 7. EQUIPMENT, PARTS, AND LABOR WARRANTIES Contractor shall act on behalf of City in matters pertaining to warranties for all equipment, parts, and assemblies installed in the first installation of a GP System. Contractor shall warranty all other labor and equipment, parts, and assemblies, whether new or rebuilt, for a period of one year from the date of maintenance or repair of operating GP Systems. -2- 8. ANNUAL REVIEW Each year within 30 days of the anniversary date of the execution of this Agreement, at least one representative of the City and of the Contractor shall meet to discuss matters relating to this Agreement including but not limited to issues concerning preventive maintenance, emergency call out maintenance, and planned maintenance, significant or reoccurring equipment or GP System failures, performance of work, emergency callout response, scope of work, costs and fees, record keeping and reporting, and invoicing. 9. OTHER SERVICES Contractor and homeowner may separately establish an understanding or agreement to perform other work as benefits the homeowner. No understanding or agreement shall relieve Contractor of any responsibility or liability under this Agreement notwithstanding City's knowledge or consent of such understanding or agreement. 10. INSPECTION AND AUDIT The Contractor shall maintain all books, records, documents and other evidence pertaining to the costs and expenses allowable under this Agreement in accordance with generally accepted accounting practices. All such books and records required to be maintained by this Agreement shall be subject to inspection and audit by representatives of the City and/or the Washington State Auditor at all reasonable times, and the Contractor shall afford the proper facilities for such inspection and audit. Representatives of the City and/or the Washington State Auditor may copy such books, accounts and records where necessary to conduct or document an audit. The Contractor shall preserve and make available all such books of account and records for a period of three (3) years after final payment under this Agreement. In the event that any audit or inspection identifies any discrepancy in such financial records, the Contractor shall provide the city with appropriate clarification and/or financial.adjustments within thirty (30) calendar days of notification of the discrepancy. 11. REPORTING AND RECORD KEEPING Contractor shall record and keep for the term of this Agreement records of all Preventive Maintenance, Emergency Call-Out Maintenance, and Planned Maintenance performed on each GP System using the Grinder Pump Maintenance Record ("GPMR") attached as Exhibit D and copy of Door Hanger Exhibit E. 12. INDEPENDENT CONTRACTOR A. The Contractor and the City understand and expressly agree that the Contractor is an independent contractor in the performance of each and every part of this Agreement. The Contractor expressly represents warrants and agrees that his status as an independent contractor in the performance of the work and services required under this Agreement is consistent with and meets the six-part independent contractor test set forth in RCW 51.08.195. The Contractor, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. The Contractor shall make no claim of City employment nor shall claim any related employment benefits, social security, and/or retirement benefits. B. The Contractor shall be solely responsible for paying all taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for -3- unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, the Contractor shall pay the same before it becomes due. C. The Contractor shall obtain a business license and pay business and occupation taxes pursuant to Title 5 of the Bremerton Municipal Code. 13. DISCRIMINATION AND COMPLIANCE WITH LAWS A. The Contractor agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, sexual orientation, age, disability, or other circumstance prohibited by federal, state or local law or ordinance, except for a bona fide occupational qualification. B. The Contractor shall comply with all federal, state and local laws and ordinances applicable to the work to be done under this Agreement. C. Violation of this Section 13 of this Agreement shall be a material breach of this Agreement and grounds for cancellation, termination or suspension by the City, in whole or in part, and may result in ineligibility for further work for the City. 14. TERM AND TERMINATION OF AGREEMENT A. This Agreement shall become effective upon execution by both arties and shall continue in full force for a period not to exceed ten (10) years beginning � �� B. This Agreement may be terminated by either party without cause upon ninty (90) days written notice to the other party. In the event of termination, all finished or unfinished documents, reports, or other material or work of the Contractor pursuant to this Agreement shall be submitted to the City, and the Contractor shall be entitled to just and equitable compensation at the rate set forth in Section 3 for any satisfactory work completed prior to the date of termination. 15. OWNERSHIP OF WORK PRODUCT All data, materials, reports, memoranda and other documents developed under this Agreement whether finished or not shall become the property ofthe City, shall be forwarded to the City in hard copy and in digital format that is compatible with the City's computer software programs. 16. GENERAL ADMINISTRATION AND MANAGEMENT The Director of Public Works & Utilities, or designee, shall be the City's representative, and shall oversee and approve all services to be performed, coordinate all communications, and review and approve all invoices, under this Agreement. 17. INDEMNIFICATION Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance or non-performance of this agreement, except for injuries and damages solely caused by the City's negligence. -4- 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. 18. INSURANCE The Contractor shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Contractor, its agents, representatives, employees or subcontractors. Before beginning the work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liabilitv insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. The City reserves the right to receive a certified copy of all the required insurance policies. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work and services, including completed work and services performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. -5- The Contractor's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. 19. SUBLETTING OR ASSIGNING CONTRACT This Agreement, or any interest herein or claim hereunder, shall not be assigned or transferred in whole or in part by the Contractor to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the Contractor as stated herein. 20. EXTENT OF AGREEMENT/MODIFICATION This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended, modified or added to only by written instrument properly signed by both parties. 21. SEVERABILITY A. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal or invalid, in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. B. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 22. FAIR MEANING The terms of this Agreement shall be given their fair meaning and shall not be construed in favor of or against either party hereto because of authorship. This Agreement shall be deemed to have been drafted by both of the parties. 23. NON-WAIVER A waiver by either party hereto of a breach by the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. � 24. NOTICES Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand- delivered to the parties at their addresses as follows: To the City: City of Bremerton Attn: Paul Wandling Public Works & Utilities - Engineering 3027 Olympus Drive Bremerton, WA 98310 To the ContraCtor: Correct Equipment, Inc. 14576 NE 95th Street Redmond, WA 98052 425-869-1233 or to such addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand-delivered. Such notices shall be deemed effective when mailed or hand-delivered at the addresses specified above. 25. SURVIVAL Any provision of this Agreement which imposes an obligation after termination or expiration ofthis Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 26. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 27. VENUE The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Kitsap County, Washington. 28. COUNTERPARTS This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement. -7- IN WIT'NESS WHEREOF, the parties have executed this Agreement as of , ` r�S 2010 COMPANY NAME By �drf c'�-� �uv� �J i'� e'KT Name Vr1C-, 1 V� ��� Title � CITY OF BREMERTON By � Patty Le , ayor Tax I.D. # �/ 'r�� � / 9 J City Bus. Lic. # ��vrdv�Cf�Qs� �Urm -�� � Attes : � Carol Et n, City Cler -8- EXHIBIT A- SCOPE OF WORK A Grinder Pump System ("GP SYSTEM") shall include all mechanical equipment, assemblies, sub- assemblies, and components from the grinder pump inlet to and including the isolation ball valve upstream of the pressure main; and shall include all electrical equipment and components beginning with and including the alarm panel and ending with and including all electrical equipment and components within the grinder pump assembly as shown in current City of Bremerton Sanitary Sewer Standards. 1. Preventive Maintenance. Preventive maintenance shall be performed on each grinder pump system annually and shall include the following tasks: a. Electrical i. Clean and inspect electrical alarm panel and upper motor housing. Check for loose connections, burnt wires, and faulty components. ii. Perform pump down test. Check for unusual noises or vibrations. iii. Test emergency alarm and level control sensors. iv. Check current draw and ensure readings are within normal operating range. b. Mechanical i. Inspect check valves for leakage. ii. Operate isolation valves at the grinder pump unit and the valve box at the right of way. Ensure valves operate freely. c. Inspect for "Grinder Pump Service Agreement" conformance 2. Emer�ncv Call Out Maintenance. Emergency Call Out Maintenance shall be performed as required and shall include the following tasks: a. Respond to all notifications from a homeowner, homeowner's representative, or the City ("Requestor") as a result of a real or perceived malfunction in the operation of the GP SYSTEM. Contractor shall make contact with the Requestor within 1 hour and i. Make a site visit to perform any necessary maintenance or repairs within 4 hours of the initial notification if instructions to the Requestor fail to correct a malfunction which could result in a health, safety or environmental problem("Critical Problem"), or ii. Make a site visit to perform any necessary maintenance or repairs within 48 hours of the initial notification if instructions to the Requestor fail to correct any other malfunction or problem not classified as a Critical Problem. b. Inspect for "Grinder Pump Service Agreement" conformance Planned Maintenance. Planned Maintenance shall include the following tasks: a. Perform maintenance on the GP SYSTEM to correct known problems or potential system or equipment failures that could result in Emergency Call Out Maintenance. b. Perform additional inspection for "Grinder Pump Service Agreement" conformance during Planned Maintenance activity. 4. Notification of Action Items. Contractor shall upon completion of a preventive maintenance, emergency callout maintenance, or planned maintenance work effort leave with the homeowner or current tenant a Door Hanger report attached as Exhibit E containing action items required to correct any errors in operation or any use or modification of the areas that are in violation of the "Grinder Pump Service Agreement", and a Customer Information Brochure attached as Exhibit F. EXHIBIT B- FEES AND CHARGES Fees and Charges — Terms Base Year The Base Year shall be defined as the first year of the contract beginning on No Later Than 1/1/2011 and ending on 1 year later Contract Year A Contract Year shall be defined as beginning on the date of execution of this agreement and ending on the anniversary date of the following year. Contract Year Inflation Adjustment Factor The Contract Year Inflation Adjustment Factor shall be established as the Engineering News- Record ("ENR") Seattle Construction Cost Index for the beginning of the Contract Year. Fees and Charges — Preventive Maintenance Work Preventive Maintenance Billable Charges The Preventive Maintenance Billable Charge for performing Preventive Maintenance Work on an individual GP SYSTEM in accordance with Exhibit A— Scope of Work during the Base Year shall be $ S75 . The Preventive Maintenance Billable Charge for performing Preventive Maintenance Work on an individual GP SYSTEM in accordance with Exhibit A— Scope of Work on an individual GP SYSTEM in any Contract Year following the Base Year shall be an amount established as the product of multiplying the previous Contract Year Preventive Maintenance Billable Charge and the Contract Year Inflation Adjustment Factor. Preventive Maintenance Monthly Billable Charges Preventive Maintenance Monthly Billable Charges shall be the summation of Individual GP SYSTEM Preventive Maintenance Billable Charges in any calendar month. Fees and Charges — Emergency Callout Maintenance Emergency Callout Billable Rates and Charges Billable rates and charges for performing Emergency Callout Maintenance Work in accordance with Exhibit A— Scope of Work shall be reimbursed by City as follows: Labor — Emergency Callout Billable Rates for labor during the Base Year shall be $ $125 per hour. Emergency Callout Billable Rates for labor in any Contract Year following the Base Year shall be an amount established as the product of multiplying the previous Contract Year Billable Rate and the Contract Year Inflation Adjustment Factor. Parts, assemblies, and subassemblies — Emergency Callout Billable Charges for parts, assemblies, and subassemblies shall be reimbursed at the Price List amount plus 10% or at invoice amount plus 10%. Equipment Rental — Emergency Callout Billable Charges for equipment rental shall be reimbursed at invoice amount plus 10%. Travel Time — Travel time of 1(one) hour shall be allowed per Emergency Callout Maintenance incident. Emergency Callout Monthly Billable Charges Emergency Callout Monthly Billable Charges shall be the summation of Emergency Callout Billable Charges in any calendar month. Fees and Charges — Planned Maintenance Planned Maintenance Billable Rates and Charges Billable rates and charges for performing Planned Maintenance Work in accordance with Exhibit A— Scope of Work shall be reimbursed by City as follows: Labor — Planned Maintenance Billable Rates for labor during the Base Year shall be $ $�s per hour. Planned Maintenance Billable Rates for labor in any Contract Year following the Base Year shall be an amount established as the product of multiplying the previous Contract Year Billable Rate and the Contract Year Inflation Adjustment Factor. Parts, assemblies, and sulbassemblies — Planned Maintenance Billable Charges for parts, assemblies, and subassemblies shall be reimbursed at the Price List amount plus 10% or at invoice amount plus 10%. Equipment Rental — Planned Maintenance Billable Charges for equipment rental shall be reimbursed at invoice amount plus 10%. Travel Time — Travel time of 1(one) hour shall be allowed for each day that planned maintenance is performed. Planned Maintenance Monthly Billable Charges Planned Maintenance Monthly Billable Charges shall be the summation of Planned Maintenance Billable Charges in any calendar month. EXHIBIT C EXHIBIT D- GRINDER PUMP MAINTENANCE RECORD WO# Service Type Service Address Service Description Start Date/Time Emergency Customer Action Required Billing Charges End Date/Time Planned Preventive Date Charge Description Site Labor Total Equip Parts Subcont Total Labor r Total Billing Information Technician Certification ❑ Warrantee ❑ Lump Sum ❑ Bill to Customer ❑ Bill to City Signature Print Name Date EXHIBIT E - DOOR HANGER City of Bremerton Grinder Pump System Maintenance Notification Dear Customer: This notice is to inform you that a site visit has been made to perform maintenance on the grinder pump system at this address. provides this service under contract to the City of Bremerton. The type of maintenance performed as well as any additional customer action required is noted in the check boxes below. � Preventive Maintenance ❑ Planned Maintenance ❑ Emergency Maintenance ❑ Customer Action Required Date: Time: A further explanation of the maintenance performed and any customer action required is provided on the back of this form. For additional information, please refer to the Grinder Pump Customer Information brochure or contact . EXHIBIT E - DOOR HANGER Customer Actions Requires: Service Descri tp ion: Service Technician Si nature C�rindcr Pump Syst�m Operahng'l'ips Your familiarity with thc precautions outlu�cd bclow is important to thc rcliablc operahon of your gnndcr pump sy,tcm. • Bccomc familiat with thc gc•ncral funcUon, layout, and ltmitations of thc systcm • Know thc locatfon of thc pump bastn and amtrol pancl outsidc your homc and thc location of thc },mndcr pum� systcm arcuit brcakcr wrthin ��our homc • I�c� nc�t flush };lass, metal, shclls, rucks, d�apcn, ra�,�:, cluth, samtary na�kms, tamperos, Platitic, },�asolinc, motor oil, Qa�nmablc matcnal, or cxplusrvcs tnto thc systcm • Kcc� thc pump basin and control pancl casily acccssiblc at al] tlmcs • Kec� thc top c�f d�c Pump basin 2-3" abcwc ground Icvcl • Do not drvn hot tubs or add cxccssivc flow ta thc systcm • I)o not cl��; w�thout first �dcndfyin}� thc Icxahon uf buricd undcr�,�round cicctrical cablcs and pipmg • I,tmit watcr usc dunnk a powcr ouhagc — without powcr thc pwnP bastn can only� hold 5 to 10 tutict flushcs bc;forc �t ov�Yflow, • If }'��u havc an emcr�,n�ncy gc-'ncrator that }'ou plan to usc for thc grindcr pump sy�stcm bc famtltar wtth your gcncrator and thc grrndcr pump systcm transfcr switch bcforc a rowcr outa},�c occurs • In casc of rump failure or systcxn alarrn, m�mmizc watcr u�a€,rc; and contact thc C�nndcr Pump ticwicc 1�4aintcnancc Rcprescntanvc • if your residcncc is lc& unoccupicd for morc than a couplc of wccks purgc thc systcm Uy runnmg dcar� watcr intu thc unit until thc pump acrivazes, shut off thc watcr and d�cn allow thc pump to run until tt sl�uts aff automaTically '1'hank you for your attcnricm to thcsc dc�uls. W�th proper carc and attcnncm }'otu },•rindcr pump sy�tc.m should provtdc many ycars of troublc frcc scxvrcc. EXHIBIT F- CUSTOMER INFORMATION BROCHURE �' ' �'� ` r' r, f' (3 � E'J r r� ^t'^ "��*. � ��°�a����r��� �n�� �-��+`�; City of Bremerton Public Works & Utilities �� ; t y r �� � r; � °���� � ����`��,I,�; Zr�� �)� ��� 100 Oyster Bay Avenue N Bremerton, VU� 98312 Grinder Pump S}�stem Customer Information EXHIBIT F- CUSTOMER INFORMATION BROCHURE Dear Customer: This iniormation is being provided to you because the residence at this address is equipped with a residential grinder pump system. This system takes liquid waste from your home and pumps the waste to the City's sewage conveyance system located in the public right of way. The residential grinder pump system at this residence includes a pump, pump basin, piping, and electrical controls. The system is owned by the City of Bremerton and as the homeowner or tenant you are responsible for its proper usage. It is essential that cerfain precautions be observed at all hmes to insure safe and reliable operation of the system. Improper care or misuse of the system could cause a failure that may result in a sewage back up into the residence as well as costly repairs being billed directly to you. This information is provided 1) to all new residents or tenanis, 2) each year as annual customer reeducation, and 3) dunng each maintenance site visit. Maintenance ot the system is performed by under a service contract to the City of Bremerton. is responsible for preventive maintenance, planned corrective maintenance, and 24 hr/day emergency maintenance. Under normal circumstances the fees for these services are included in the monthly sewer bill. However, all costs incurred by the City ot Bremerton as a result of customer misuse oi ihe system will be billed to the customer. Additional fees may also be billed to the customer it maintenance access to the system is denied or restricted. The contractor's maintenance service representative for your residential grinder pump system is . If you have any questions about your system or need to report an emergency he can be reached at . Your call will be retumed within one hour and if necessary to resolve an emergency, a site wsit will be made within four hours. If you need additional assistance you may contact . For addihonal information please review the Frequently Asked �uestions. Why should 1 be famdiar with the grinder pump system� Some problems can be inadvertently caused by the property owners or their tenants because of their lack of understanding of their gnnder pump system. Circuit breakers can be left off, too much flow can be added to the system, mamtenance access can be obstructed, or prohibited substances can be flushed mto the system. Simply taking ihe time to become familiar with the system can help to avoid many costly mistakes. Remember, your grinder pump serves only your property, what you do directly affects its operation. Any costs incurred as a result of customer misuse, either intentional or unintentional, will be charged to the customer. What are my responsibilfties? • As the homeowner or tenant you are responsible for (1) the graviry sewer from the building to the grinder pump basin inlet, (2) for the pressure sewer pipe from the pump valve box to the system point of connection at the property line, and (3) for the power distribution system including the emergency transfer switch (if installed) from the building to the grinder pump alarm panel. . The Service Maintenance Representative is responsible from the pump basin inlet, through the pump, to the pump valve box and tor the electncal equipment from the pump panel to the pump motor. • City is responsible from the point of connection to the sewer main at the right of way to the treatment plant. What services are covered 6y my monthly gnnder pump sewer charges? Your grinder monthly grinder pump sewer charges cover preventahve maintenance, repair of normal wear and tear, and 24f1 emergency stand by response capabilihes. Customer misuse of equipment, damage caused by operator error, or providing power during an electrical power outage is not covered by monthly grinder pump sewer charges. What consti�utes misuse of the gnnder pump system� • Flushing prohibited substances into the grinder pump system. • Constructing unauthorized alterations around the pump basin or alarm panel. What are prohibited substances? Prohibited Substances that must not be Flushed into lhe grinder pump system include glass, metal, shells, rocks, diapers, rags, cioth, sanitary napkins, tampons, plastic, gasolines, motor oil, flammable material, or explosives. The grinder pump must grind all solids into small pieces before they can be pumped into the ciry sewer. These prohibited substances can cause premature wear on the pump, plug the pipe lines, or cause the system to explode. These substances can also cause costly problems to the downstream infrastructure and treatment works. Customers will be charged for any damage caused by flushing prohibited substances into the grinder pump system. Why must the gnnder pump 6asin 6e above ground level? First, maintenance personnel must have access to the pump basin at all times. Second, the system is designed to handle household waste only, ground water must not be allowed to enter the pump basin. What if my home is going to 6e lelt unoccupied for longer than a couple of weeks? During long periods of inactivity solids can harden and plug both the gnnder pump and grinder pump forcemain. To prevent this from happening the system must be purged with clean water prior to being left inactive. Using the following procedure should help avoid any problems. • Run clean water into the unit until the pump ac6vates. • Shut off the water and allow the grinder pump to run until the system shuts off automatically • Caution• Do not disconnect power to the unit What should I do before 1 dig? Your grinder pump system includes buried piping and electrical systems located on your property. Before digging near any area that may have these buried utility systems refer to the Easement Area Sketch included in your Easement Agreement tor general system layout Ii you determine that buried utility systems may be in the area where you will be digging you should then call 1-500-424-5555 and a qualified technician will be scheduled to make a site visit to assist in locating the underground utili6es on your property. For non emergency work allow 3-5 working days for service. What should 1 do in an emergency� First cut your water use back to a minimum and then call your Maintenance Service Representa6ve. He will call back within one hour. Many times he will be able to help you troubleshoot and corcect the problem without reqwring a site visit. This is where your understanding and tamiliarity with the system will come in handy. If necessary he will make a site visit to correct an emergency within four hours. What should 1 do in an elechical power outage� Your residential grinder pump system will not work without power. Neither the Maintenance Service provider nor the City are responsible for providing power to your system during a power outage. Most power interruptions are of a short duration and are oi little concem. Simply limiting your water use during this time will avoid any problems. Typically your system will have reserve capaary for 5-10 toilet Flushes. For longer duration power interruptions the grinder pump system can be supplied power through a manual electrical transier switch, if one is installed. This is a procedure that requires close attenhon to detail that should be practiced before an emergency occurs. Any damage caused to the grinder pump system by improper operahon wili be charged directly to the customer. EXHIBIT G- GRINDER PUMP SERVICE AGREEMENT Filed for Record at Request of: When Recorded Return to: City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): �, Grinder Pump Service�Agreement Reference Number(s) of Documents assigned or released: N/A Grantor(s)/ � Declarant: ❑ Additional names on page of document. Grantee(s): �. City of Bremerton, a Municipal Corporation ❑ Additional names on page of document. Legal Description: (abbreviated) ❑ Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number: GRINDER PUMP SERVICE AGREEMENT This Agreement is made this day of , 20 between the CITY OF BREMERTON, a municipal corporation ("City") and ("Owner"). SECTION 1: RECITALS 1.01 The City owns and operates a sewer system in Kitsap County Washington. Owner owns that certain real property legally described in Exhibit "A" attached hereto and by this reference incorporated herein ("Property") and is in need of sewer service to the Property. In addition to compliance with all the City rules and regulations and the payment of all fees and charges for connection to the City's sewer system, the installation of a grinder pump unit upon Owner's Property is necessary to facilitate City sewer service to the property. Such grinder pump unit has or will be installed on Owner's Property pursuant to this agreement which shall be owned by the City. 1.02 In consideration of the City's ownership, operation and maintenance of the grinder pump unit on the Property, the Owner agrees to the certain terms and conditions relating to the grinder pump unit as set forth below. SECTION 2: TERMS AND CONDITIONS 2.01 Owner shall provide the City and its employees or authorized agents and representatives continuous access to the grinder pump unit on the Property suitable for the operation and maintenance of the grinder pump unit which may include lifting, removing and replacing such unit or any part thereof. No landscaping, trees or shrubs shall be planted and maintained in the area of the grinder pump unit which would interfere with access thereto nor shall any construction or any other activity be undertaken in the area of the grinder pump unit which would interfere with such access. Any landscaping, trees or shrubs on the Property shall be maintained by Owner to provide continuous access to the grinder pump unit. Owner shall maintain continuous access to the top ofthe grinder pump unit and shall maintain the top of such unit with a clearance of at least two inches above the yard subgrade whether such unit is located in a soil, grass, bark or other area upon the Property. If such unit is not accessable due to landscaping, trees or shrubbery, parked vehicles located over the unit or any other restriction, the Owner shall be assessed actual costs to the City to obtain access to the grinder pump unit 2.02 Owner shall provide and pay the cost of power for the grinder pump unit. 2.03 Owner shall pay sewer bills from the Ciry which will include a maintenance charge for the grinder pump unit as established by City ordinance. Owner shall also pay any assessed costs pursuant to Sections 2.01 and 2.04 which shall be assessed and processed with the sewer bill. 2.04 Owner shall be assessed actual costs of repair, as determined by the City, in the event of damage to the grinder pump unit caused by Owner's, tenant's or resident's activities and/or misuse of such unit. Misuse shall be defined by rules and regulations which have or will be adopted by the City and shall include but not be limited to the prohibition of glass, metal, plastic, paint, motor oil, rocks, ceramics and other materials in the grinder pump unit. Misuse shall also include unauthorized, use, damage of and/or tampering with City control panels or grinder pump tanks or other activity as may be established by rule or regulation. In the event of damage to the grinder pump unit, the City shall determine the cause of such damage and assess any charges for Owner's, tenant's or resident's activities and/or misuse of the unit and the cost of repair or replacement associated or relating thereto in its sole judgment and discretion. 2.05 Owner shall indemnify, defend and hold the City harmless and not responsible for damages to Owner or any third party arising out of any damage to personal or real property caused by the grinder pump unit for any reason including overflow, power failure, and/or temporary loss of service or from any liability for any personal injury or property damage relating in any way to the grinder pump station including its installation, operation, repair and maintenance, and from any power failure resulting in inoperation of the grinder pump unit for any period of time, except due to the sole negligence of the City. Further, Owner hereby releases the City from any damage to trees, shrubs, grass and any other type of landscaping relating to the grinder pump unit and the City will use reasonable care to avoid any such damage. 2.06 Enforcement of this agreement shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any term or condition herein, either to restrain violation or recover damages. Failure by the City, or any successor thereto, to enforce any term or condition contained herein shall in no event be deemed a waiver of right to do so thereafter. 2.07 All terms, conditions and provisions herein shall be covenants running with the land described in Exhibit "A" attached hereto and shall be binding upon the parties' successors, heirs and assigns. The City shall record this agreement following its signature by the Owner and the City with Kitsap County Office of Records and Elections. : : ("Owner") ("Owner") (Notary Acknowledgement on Next Page) STATE OF WASHINGTON COUNTY OF KITSAP I certify that I know or have satisfactory evidence that is the person (s) who appeared before me, and said person (s) acknowledged that signed this instrument and acknowledged it to be free and voluntary act for the uses and purposes mentioned in the instrument. Dated Notary Public in and for the State of Washington, residing at My Appointment Expires ACCEPTED THIS day of , 20 CITY OF BREMERTON By Its R:\Legal\Legal\Contracts\PUBLIC WORKS\Grinder Pump Service Agreementl 5-14-09.doc