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HomeMy WebLinkAbout02/15/2023 CITY COUNCIL AGENDA PACKET ______________________________________________________________ th CITY COUNCIL 345 6 Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 * * * F I N A L * * * WEDNESDAY, FEBRUARY 15, 2023 CITY COUNCIL HYBRID MEETING AGENDA Most Council Members and staff will be participating in the meeting in-person, and the public is invited to attend. Or beginning at 5:30 PM, the public may participate remotely 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/84900875929?pwd=YUNuUmVZSHgrUlBqdUlRd0V3RGlWZz09 Or One tap mobile: US: +12532158782,,84900875929#,,,,*173061# or +12532050468,,84900875929#,,,,*173061# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 215 8782 or +1 253 205 0468 or +1 669 444 9171 or +1 669 900 6833 Webinar ID: 849 0087 5929 Passcode: 173061 Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us 1. BRIEFING: 5:00 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. Review of Agenda B. General Council Business 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS 3. MAYOR'S REPORT 4. CONSENT AGENDA A. Claims & Check Register B. Minutes of Joint Planning Session January 28, 2023 C. Minutes of Meeting February 1, 2023 D. Minutes of Study Session February 8, 2023 E. Company F. Ordinance No. 5468 amending Section 2.50.032 of the Bremerton Municipal Code relating to Promotions, Salary, and Benefits G. Change Order No. 2 to Contract with Active Construction, Inc. for Oyster Bay Beach Sewer Upgrades Project 5. 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 line up at the podium or raise your Zoom hand if viewing remotely and wait to be recognized by the Council President. Then, state your name for the record, and limit your comments to under 3- Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473-5323 at least 24 hours prior to the Meeting. 6. GENERAL BUSINESS A. Street Fund Budget Adjustment for the PSE-owned Streetlight LED Conversion Program Item B. Public Works Agreement with Utter Associates, Inc. for Audio Visual Equipment Design and Install at Bremerton Municipal Court; and Budget Adjustment to Trial Court Improvement Fund Item added 7. COUNCIL MEMBER REPORTS 8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING NBZPS“T!SFQPSU Gfcsvbsz!26-!3134 qspwjefe!66!ipvst!qfs! !b!sbohf!pg!9.41!tuvefout! spvhi!foe!pg!uif!3134! qsphsbn!jo!gbmm!3133 fs!gps!zpvoh!mfbsofst qsphsftt!pg!jojujbujwft!uispvhipvu!uif! bdbefnjd!tdippm!zfbsnpoui!gps!bgufstdippm!boe!Tbuvsebz!qsphsbnnjoh!xjuiqfs!tfttjpo/! –Djuz!jowftufe!%71-111!jo!uif!TUFN!boe!dpejoh!epkp!–Uif!qsphsbn!pqfofe!Pdupcfs!2-!3133!boe!xjmm!svo!ui–Tjodf!Pdupcfs!3133!—Kbovbsz!3134-!uif!qsphsbn!ibt! Tvqqpsu!TUFN!Dpejoh!Qsphsbn!bu!Nbswjo!Xjmmjbnt!Dfou Nbzps“t!Jojujbujwft!3134!Vqebuf Uif!Nbzps“t!Sfqpsu!xjmm!gfbuvsf!sfhvmbs!vqebuft!po!zfbs/!Nbzps“t!3134!Jojujbujwf;! lt!qsphsbn Dpoujovf!gvmm!jnqmfnfoubujpo!pg!tusffut!boe!tjefxbm Nbzps“t!Jojujbujwft!3134!Vqebuf Nbzps“t!3134!Jojujbujwf;! jwfstjuz!pg! mt“!tpddfs!boe! set boejoh!tuvefout!jo!uif! qvcmjd!qpmjdz!boe!npefm!VO!Csfnfsupo!Tdippm!Ejtusjdu-!xfcnbtufs!gps!Cmbdl!Tuvefou!Vojpo!Spdiftufs<!fbsofe!Nptu!Wbmvbcmf!Qmbzfs!bxbse!jo!hjstqpsutnbotijq!bxbse!jo!hjsmt“!hpmg-!bnpoh!puifs!bxb –Buufoet!Csfnfsupo!Ijhi!Tdippm–Qmbot!up!qvstvf!b!dbsffs!jo!qpmjujdbm!tdjfodf!boe!–Bdujwf!jo!tuvefou!hpwfsonfou-!ipops!tpdjfuz!–Tfswfe!bt!qbhf!xjui!Xbtijohupo!Tubuf!Tfobuf!–Wpmvouffsfe!bt!Tqbojti!usbo tmbups!gps!–Sfdfjwfe!Cbvtdi,Mpncipopsbsz!tdjfodf!bxbse!gspn!VoUif!Nbzps“t!Zpvui!Mfbefstijq!Bxbse!sfdphoj{ft!pvutuCsfnfsupo!ejtusjdu" 3134!Nbzps“t!Zpvui!Mfbefstijq!Bxbse!Sfdjqjfou%611!Tdipmbstijq Dpohsbuvmbujpot"Dmbjsf!Xbsuifo AGENDA BILL CITY OF BREMERTON 4A CITY COUNC IL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: February 15, 2023 Department: Legal Services Presenter: Angela Hoover Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 401738-401892 and Electronic Fund Transfers V36829-V36909 in the grand total amount of $3,209,171.28 2. Regular Payroll for pay period ending January 31, 2023 in the amount of $1,096,102.23 3. Regular Payroll Payout for pay period ending January 31, 2023 in the amount of $22,510.13 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 AGENDA BILL CITY OF BREMERTON 4B CITY COUNCIL SUBJECT: Minutes of Joint Planning Study Session Date: N/A Session January 28, 2023 COUNCIL MEETING Date: February 15, 2023 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Joint Planning Session held on January 28, 2023 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 January 28, 2023 Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 DIGITAL RECORDING CITY COUNCIL JOINT PLANNING SESSION MINUTES Saturday, January 28, 2023 A Joint Planning Session with the City Council, Mayor, Judge, and Department Directors of the City of Bremerton was called to order on Saturday, January 28, 2023 at 9:00 AM at Gold Mountain Golf Course with Council President Jeff Coughlin presiding. Council Members present were Eric Younger, Anna Mockler, Quinn Dennehy, Denise Frey, and Jennifer Chamberlin. Council Member Michael Goodnow was absent. Legislative Office Manager Lori Smith was present to provide staff support. Also in attendance were Mayor Greg Wheeler, City Attorney Kylie Finnell, Financial Services Director Mike Riley, Police Chief Tom Wolfe, Fire Chief Pat McGanney, Public Works & Utilities Director Tom Knuckey, Community Development Director Andrea Spencer, Parks & Recreation Director Jeff Elevado, Municipal Court Judge Tracy Flood, and Municipal Court Administrator Jennefer Johnson. Citizen Jane Rebelowski was present to listen in. President Coughlin welcomed and thanked everyone for taking time on a Saturday to participate in the Joint Planning Session. He established that the intent of the Joint Planning Session was to review 2022 Council Goals & Priorities to determine which Goals would move forward and to establish the 2023 Council Goals & Priorities. The Session began with an Ice Breaker by asking Quick Review of 2022 Council Goals: Uncompleted Items Move to Prioritization for 2023 Consideration In-Depth Discussions: Race Equity Commission and DEI Position Craft a Path Forward for Race Equity Commission and DEI Position Roles and Responsibilities President Coughlin called a break from 11:02 to 11:11 Public Safety and Support Review Blake Decision and Marysville Ordinance Discuss Funding of Emergency Services Review City Policy and Laws Regarding Homelessness Discuss City Human Health & Resources Department Economic Development Discuss Strategies to Fill Vacant Storefronts Discuss How to Best Support New and Existing Businesses Communications Discuss City Communications and Possible Creation of a Communication Director Position President Coughlin called a lunch break from 12:13 to 1:15 PM Municipal Court Briefing Power Point slides were presented Goals for 2023; and Highlights from 2022 Staffing Needs City Council Joint Planning Session Minutes Saturday, January 28, 2023 Page 2 of 2 Prioritization: President Coughlin President Coughlin called a break from 2:51 to 2:57 PM General Council Business: Review of Committee Assignments and Procedures Responsibilities for Following Through on Council Goals Wrap-up by President Coughlin: Continued discussion has been scheduled for the Study Sessions on February 8, 2023 and February 22, 2023. With no further business, President Coughlin adjourned the Joint Planning Session at 3:31 PM. Prepared and Submitted by: _______________________________ LORI SMITH, Legislative Office Manager th APPROVED by the City Council on the 15 day of February, 2023. ________________________________________ JEFF COUGHLIN, City Council President ATTEST: ________________________________________ ANGELA HOOVER, City Clerk JC:AH:ls:cg AGENDA BILL CITY OF BREMERTON 4C CITY COUNCIL SUBJECT: Minutes of Meeting February Study Session Date: N/A 1, 2023 COUNCIL MEETING Date: February 15, 2023 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Meeting held on February 1, 2023 are attached. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: N/A STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the February 1, 2023 Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 DIGITAL RECORDING CITY COUNCIL HYBRID MEETING MINUTES Wednesday, February 1, 2023 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, February 1, 2023, at 5:00 PM in Council Conference Room 603 of the N ORM D ICKS G OVERNMENT th C ENTER, 345 6 Street, Bremerton, Washington, with Council President Jeff Coughlin presiding. Council Members present were Eric Younger, Anna Mockler, Michael Goodnow, Quinn Dennehy, Denise Frey, and Jennifer Chamberlin. At 5:30 PM, the meeting moved to the First Floor Meeting Chambers. Also present were City Attorney Kylie Finnell; Assistant City Attorney Brett Jette, Legislative Office Manager/Deputy City Clerk Lori Smith; Financial Services Director Mike Riley; and IT Manager Dave Sorensen. City Clerk Angela Hoover was absent. President Coughlin announced the City Council is conducting the Council Meeting in-person with an option for the public to join in person, participate via Zoom, or view on BKAT, because Community involvement is encouraged; CONSENT AGENDA 4A Check Numbers 401472 through 401737 and Electronic Fund Transfers V36697 through V36828 in the grand total amount of $6,629,763.06; Regular Payroll (Payout) for pay period ending January 15, 2023 in the amount of $2,499.31; and Retiree Payroll for pay period ending January 31, 2023 in the amount of $51,122.13 4B Minutes of Meeting January 18, 2023 4C Minutes of Meeting January 25, 2023 4D Professional Services Agreement with Parametrix, Inc. for the Design of the Francis Street Outfall Improvements Project 4E Contract Modification Agreement No. 3 with Herrera Environmental Consultants for the Pine Road Stormwater Improvements Project 4F Amendment No. 2 to the Interlocal Agreement between the Transportation Benefit District of Bremerton and the WA State Department of Licensing There were no questions or comments from the public 5:35 PM M/S/C/U (Dennehy/Frey) Move to approve the C ONSENT A GENDA as presented. Mayor Wheeler th Project, Pine Road Basin Flooding Mitigation Project, and Pump Station 14 Relocation PUBLIC RECOGNITION Questions and comments from the public were submitted by Downtown Bremerton Association Executive Director Erinn Hale, Rev. Mike Wellington, Jo Walter, Chair of the Homelessness Connection Lisa Lechuga, Jane Rebelowski and Marwan Cameron; with responses provided by President Coughlin and Public Works Director Tom Knuckey GENERAL BUSINESS 6A CONTRACT MODIFICATION NO. 2 TO GOODS & SERVICES AGREEMENT WITH AT WORK COMMERCIAL ENTERPRISES, LLC FOR LANDSCAPING MAINTENANCE & SERVICES: Internal Services Manager Chris Mottner summarized that staff requests approval of the Contract Modification Agreement No. 02 with At Work Commercial Enterprises, LLC to clarify a CPI-U increase for all work, and to add new landscape maintenance services, as proposed for Fire Station #2, Fire Station #3, and 606 Burwell Street. City Council Reg. Mtg. Minutes Wednesday, February 1, 2023 Page 2 of 4 Questions and comments from the public were received by Jane Rebelowski and Marwan Cameron 5:59 PM Motion was made by Mockler; and seconded by Dennehy were provided by Mockler, Dennehy, and Chamberlin; with responses provided by Mr. Mottner, Public Works Director Tom Knuckey, and City Attorney Kylie Finnell 6:12 PM M/S/C/U (Mockler/Dennehy) Move to approve the Contract Modification Agreement No. 02 with At Work Commercial Enterprises, LLC and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. 6B ACCEPTANCE OF WASHINGTON STATE DEPARTMENT OF COMMERCE LOCAL & COMMUNITY PROJECTS PROGRAM GRANT FOR THE BREMERTON LIBRARY HVAC REPLACEMENT PROJECT: Internal Services Manager Chris Mottner explained that the Bremerton Public Works and Utilities applied for and received a grant award from the Washington State Department of Commerce for $412,000.00 to fully fund the City of Bremerton Downtown Library Building HVAC Replacement Project. The improvements include the removal and replacement of the existing steam hot water boiler (heat only) system with a new HVAC system for both heating and air conditioning. The new system also includes outside air system filtration. Kitsap Regional Library IT Manager Mike Rose and Downtown Library Branch Manager Lisa Lechuga also provided comments. Comments from the public were provided by Marwan Cameron 6:20 PM Motion was made by Chamberlin; and seconded by MocklerComments were provided by 6:24 PM M/S/C/U (Chamberlin/Mockler) Move to accept the local and community project programs grant, from the state of Washington Department of Commerce for the Library HVAC project and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. 6C PUBLIC WORKS AGREEMENT WITH UTTER ASSOCIATES, INC FOR AUDIO VISUAL EQUIPMENT DESIGN AND INSTALL AT BREMERTON MUNICIPAL COURT: Municipal Court Judge Tracy Flood explained the execution of the contract is for the AV/Media grant funds awarded by Administrative Office of the Courts (AOC) in the amount of $50,000 per courtroom. The AOC grant funds is a total of $100,000. The potential expenses under the contract are $124,905.06 that is an estimated amount based on labor hours, equipment, and taxes. The equipment purchase amount is $65,356.82 and $7,900 for removal of old equipment. This leaves $26,743.18 of the grant funds, which can be used for the remaining labor hours and design build to be reimbursed by June 30, 2023. Court Administrator Jennefer Johnson was also available to provide input or answer questions. The installation is estimated to take 21 weeks. Calculating hours from July 1to August 15, the estimated remaining time on the contract after the grant period totals $47,174. The reimbursement for equipment purchase, removal labor and design can all be billed through June 30, 2023. Comments from the public were provided by Marwan Cameron 6:26 PM Motion was made by Dennehy; and seconded by Chamberlin were received by Chamberlin and Coughlin; with responses provided by Judge Flood; Finance Director Mike Riley; and IT Manager Dave Sorensen City Council Reg. Mtg. Minutes Wednesday, February 1, 2023 Page 3 of 4 6:37 PM M/S/C/U (Dennehy/Chamberlin) Move to approve the Public Works Agreement with Utter Associates, Inc in the amount of $124,905.06; and authorize the Bremerton Municipal Court to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL MEMBER REPORTS Jennifer Chamberlin highlighted several City Parks including Madrona Trails, Stephenson Canyon, Lent Landing, and Lions Park, and encourage the community to visit and enjoy them as well; and has started to increase her daily steps for fitness. Denise Frey enjoyed sharing past photos of recently retired Capt. Randy Plumb wearing high few recent events includes a tour of Mills Crossing on Monday and the Police and Community Together Meeting (aka P.A.C.T.) on Tuesday; and lastly, she looked forward to the next Kitsap Walk with Josh Farley on Sunday, February 26 at Madrona Trails. Quinn Dennehy thanked Legislative staff for their efforts in organizing the Joint Planning Session and for all the work they do; and thanked Council President Jeff Coughlin for running an excellent meeting. Michael Goodnow announced in advance that he will host a District 5 Community Meeting on Tuesday, February 21, and will present a slide with further details at the next Council Meeting. Anna Mockler invited the public to attend the monthly District 6 Town Hall Meeting to be held on Monday, February 13, 2023 from 4:00 PM to 6:00 PM at the Bremerton Public Works Facility located at 100 Oyster Bay Avenue North for an update from Kitsap Community Resources on resources available to Help the Vulnerable Eric Younger thanked the Parks and Public Works Departments for their responsiveness in adding the gate at NAD Park; and encouraged District 7 constituents to email him with any of their questions or concerns. Jeff Coughlin welcomed new businesses Bremerton Mercantile and Grumble & Wine to downtown; enjoyed an event at the Roxy Theatre will fellow Council Member Michael Goodnow; reported on the Police and Community Together (P.A.C.T.) Meeting he attended yesterday; thanked Capt. Randy Plumb for his 30-years of service with the Bremerton Police Department; and and thanked the Council Members, Mayor, Judge, and Directors Joint Planning Session, and Legislative Staff Lori Smith for managing all of the details and making arrangements so the event could come together. At 7:15 PM, President Coughlin announced that a 45-minute Executive Session would be held to Potential & Pending items as allowed under RCW 42.30.110 (1) (i); and that action wa At 8:00 PM, President Coughlin The First Motion was read into the record by City Attorney Kylie Finnell, so moved by Dennehy, and seconded by Mockler 8:01 PM M/S/C/U (Dennehy/Mockler) Move to approve settlement with Sgt. Kelly Meade in substantial the same terms as indicated in the CR2A Agreement executed on January 23, 2023; and authorize the Mayor to execute any additional documents necessary to effect the same City Council Reg. Mtg. Minutes Wednesday, February 1, 2023 Page 4 of 4 The Second Motion was read into the record by City Attorney Kylie Finnell, so moved by Dennehy, and seconded by Mockler 8:02 PM M/S/C/U (Dennehy/Mockler) 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 th code violations on property located at 1621 and 1623 4 Street in Bremerton. President Coughlin announced the next Study Session will be on Wednesday, February 8 beginning at 5:00 PM in the First Floor Meeting Chambers of the Norm Dicks Government Center, and as always, the public is welcome to attend. With no further business, President Coughlin adjourned the Council Meeting at 8:03 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 15th day of February, 2023. ________________________________________ JEFF COUGHLIN, City Council President Attest: ________________________________________ ANGELA HOOVER, City Clerk JC:AH:ls:cg AGENDA BILL CITY OF BREMERTON 4D CITY COUNCIL SUBJECT: Minutes of Study Session Study Session Date: N/A February 8, 2023 COUNCIL MEETING Date: February 15, 2023 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Study Session held on February 8, 2023 are attached. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: N/A STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the February 8, 2023 Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 CITY COUNCIL STUDY SESSION MINUTES Wednesday, February 8, 2023 A Study Session of the City Council of the City of Bremerton was called to order on Wednesday, February 8, 2023 at 5:00 PM in the First Floor Meeting Chambers of the Norm Dicks Government th Center at 345 6 Street, with Council President Jeff Coughlin presiding. Other Council Members present were Eric Younger, Anna Mockler, Michael Goodnow (5:06 PM), Quinn Dennehy, and Jennifer Chamberlin. Council Member Denise Frey joined the meeting remotely via Zoom. Also present were City Attorney Kylie Finnell; Legislative Office Manager Lori Smith; and IT Systems Engineer Hans Nilsson. President Coughlin established that the Study Session is open for the public to attend in person or view remotely, but there will be no opportunities for input, the content of these items is subject to change, and no action is anticipated. He further established that a recording will be available online within a few days following the meeting. Any of the items approved for action by the Council tonight, will be placed on the February 15, 2023 City Council Meeting Agenda (or as otherwise determined) A. BRIEFINGS on AGENDA BILL ITEMS 1. Briefing in preparation for the AWC City Action Days Conference to be held with Legislators in Olympia on February 15 & 16, 2023 Council President Jeff Coughlin and Bryan McConaughy with BMcConsulting Information Only 2. Set Annual Compensation for the Bremerton Municipal Court Judge effective July 1, 2022 No action by City Council required 3. Casualty Company Consent Agenda 4. Ordinance amending Section 2.50.032 of the Bremerton Municipal Code relating to Promotions, Salary, and Benefits Consent Agenda 5. Change Order No. 2 to Contract with Active Construction, Inc. for Oyster Bay Beach Sewer Upgrades Project Consent Agenda 6. Street Fund Budget Adjustment for the PSE-owned Streetlight LED Conversion Program General Business President Coughlin called a break from 6:37 to 6:43 7. Discussion will continue at the February 22 Study Session B. GENERAL COUNCIL BUSINESS o Public Safety Committee Briefing (Last Meeting 2/2/2023) Vice Chair Jennifer Chamberlin o Regional and Other Committee/Board Briefings o Joint Planning Session Discussion Continued (1/28/2023) Council President Jeff Coughlin o Other General Council Business was briefly discussed. City Council Study Session Minutes Wednesday, February 8, 2023 Page 2 of 2 President Coughlin provided a reminder that the next Council Meeting would be on Wednesday, February 15 beginning at 5:30 PM in the First Floor Meeting Chambers, and that the public is invited to attend in person or remotely. With no further business, the Study Session was adjourned at 8:16 PM. Prepared and Submitted by: ______________________________ LORI SMITH, Legislative Office Manager th APPROVED by the City Council on the 15 day of February, 2023. JEFF COUGHLIN, Council President ATTEST: ______________________________ ANGELA HOOVER, City Clerk JC:AH:ls:cg AGENDA BILL CITY OF BREMERTON 4E CITY COUNCIL SUBJECT: Study Session Date: February 8, 2023 Purchase of COUNCIL MEETING Date: February 15, 2023 Compensation Insurance with Midwest Department: City Office / Employers Casualty Company Risk Management Presenter: Kylie Finnell / Melisa Folmer Phone: (360) 473-5302 SUMMARY: The Bremerton Municipal Code authorizes the Risk Management Specialist, with the approval of the City Attorney, to bind insurance and requires City Council approval for the continuation of any bound been bound with Midwest Employers Casualty Company at an annual premium of $138,873. The self-is $1,000,000 and for all other employees at $500,000. This is the same as last year. The only change is there is an additional SIR for employees injured during a wildland fire event is $1,500,000. ATTACHMENTS: Excess Workers Compensation & Employers Liability Proposal FISCAL IMPACTS (Include Budgeted Amount): Sufficient funds have been budgeted in the Risk Management Fund for this expenditure for 2023. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the purchase of the 2023 Employers Casualty Company in the amount of $138,873. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 AGENDA BILL CITY OF BREMERTON 4F CITY COUNCIL SUBJECT: Study Session Date: February 8, 2023 Ordinance No. 5468 amending Section COUNCIL MEETING Date: February 15, 2023 2.50.032 of the Bremerton Municipal Code Department: Fire relating to Promotions, Salary, and Presenter: Pat McGanney, Fire Chief Benefits Phone: (360) 473-5381 SUMMARY: Amending the Bremerton Municipal Code will allow employees moving from a represented classification to a management/professional classification to receive the same benefits and salary increases that are received by the bargaining unit positions. This will prevent compression between administrative staff positions and bargaining unit positions. ATTACHMENTS: Ordinance No. 5468 FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5468, amending Section 2.50.032 of the Bremerton Municipal Code relating to promotions, salary, and benefits. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 From: Anna Mockler To: City Council; Craig Patti Cc: Chris Rotter; Patrick McGanney; John Payne Subject: Re: Response to Letter of Support - BMC Cost of Living Update (Craig Patti, IAFF President) Date: Friday, February 10, 2023 12:00:01 PM Since mine was the lone voice waiting to hear from Mr Patti, let me say formally that I am completely satisfied and have zero plans to urge moving this from Consent Agenda to General Business on 2/15. Thank you, Anna Anna Mockler Bremerton City Councilor, District Six From: Craig Patti <craigpatti@msn.com> Sent:Thursday,February9,202310:12AM To: City Council <City.Council@ci.bremerton.wa.us> Cc: Chris Rotter <chris.rotter@yahoo.com>; Patrick McGanney <Patrick.McGanney@ci.bremerton.wa.us>; John Payne <John.Payne@ci.bremerton.wa.us> Subject: BMC change CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. President Coughlin and Council, The Bremerton Firefighters support the proposed change to the Bremerton Municipal Code allowing for cost of living adjustments for the Assistant Fire Chief that aligned with our collective bargaining agreement. Further, Bremerton Firefighters support any enhancements to the wage and benefit package of this position consistent with the role and responsibilities and remains competitive with the market of comparable jurisdictions. This position is vital to the success of the Bremerton Fire Department and must remain attractive to bargaining unit members who wish to further their career in leadership positions rather than seek employment at other agencies. Respectfully, Craig Patti, President Bremerton Firefighters, IAFF Local 437 360-790-1472 cell Sent from my iPhone AGENDA BILL CITY OF BREMERTON 4G CITY COUNCIL SUBJECT: Study Session Date: February 8, 2023 Change Order No. 2 to Contract with Active COUNCIL MEETING Date: February 15, 2023 Construction, Inc. for Oyster Bay Beach Department: PW&U Engineering Sewer Upgrades Project Presenter: Bill Davis Phone: (360) 473-2312 SUMMARY: Change Order No. 2 will pay for a portion of additional costs associated with disconnecting beach sewer laterals as described in Work Change Directive No. 28, and an additional duplex pumping system including landscape restoration at 4412 Kitsap Way as described in Work Change Directive No. 23. The work directed under these Work Change Directives was necessary due to field conditions discovered late during construction. It was necessary to expedite this work to minimize concerns over potential sanitary sewer overflows. This Change Order No. 2 for $82,154.18 will increase the contract amount to $6,506,708.77. ATTACHMENTS: 1) Site plan; 2) Change Order No. 2 FISCAL IMPACTS (Include Budgeted Amount): The project is funded by a Department of Ecology State Revolving Fund loan and is included in the wastewater budget. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve Change Order No. 2 with Active Construction, Inc., in the amount of $82,154.18 for the Oyster Bay Beach Sewer Upgrades project and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 OYSTER BAY BEACH SEWER UPGRADES SITE PLAN FOR CHANGE ORDER NO. 2 1/30/23 CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 2 PROJECT NAME:Oyster Bay Beach Sewer Upgrades PROJECT NO: 5827 CONTRACTOR: Active Construction Inc. ORIGINAL CONTRACT AMOUNT: 6,237,237.00DAYS: 484 PREVIOUSLY APPROVED 187,317.59DAYS: 5 CHANGES: THIS CHANGE:82,154.18DAYS: 0 REVISED CONTRACT AMOUNT:6,506,708.77DAYS:489 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. INCREASE IN (DECREASE) CONTRACT DESCRIPTION OF CHANGES CONTRACT IN CONTRACT TIME AMOUNT AMOUNT EXTENSION ($) ($) (DAYS:) Rule 170Rule 171 X 43,167.14 N/A - WCD #23: Additional duplex pumping system and landscape restoration at 4412 Kitsap Way X 32,065.63 - WCD #28: Additional work on the beach to disconnect sewer laterals. The total amount of WCD #28 is $82,065.63 and the work was completed in October 2022. A portion ($50,000) was previously paid under Pay Estimate No. 17. The amount here will pay for the remainder in future Pay Estimate No. 18. NET CHANGE IN CONTRACT AMOUNT75,232.77 INCREASE OR (DECREASE) ESTIMATED SALES TAX AT CURRENT RATE6,921.41 TOTAL INCLUDING SALES TAX 82,154.18 Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, on-site or home office overhead, or lost profits. Nothing in this Change Order shall limit the City’s right to bring a claim for past performance. The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous CONTRACT CHANGE ORDER NO: _2_ PROJECT NAME:Oyster Bay Beach Sewer Upgrades costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Change Order. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Change Order shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a change order that is binding on the parties of this contract. In addition, Contractorwarrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. CONTRACTOR Approved: DATE: PROJECT MANAGER Recommended: DATE: DIVISION MANAGER Council action is required asproject cost will exceed approved budget. Yes No Council action is required as change exceeds Mayors authority per BMC 2.76.110. Yes No Recommended: DATE: DIRECTOR OF PUBLIC WORKS AND UTILITIES Recommended:DATE: MAYOR Approved: DATE: APPROVED AS TO FORM: ATTEST: ___ KYLIE. J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk R:\\Legal\\Legal\\Forms\\FORMS ON COBWEB\\Change Order Rev. 09 2021.docx Page 2 of 2 Change Order Rev. 05/2022 CITY OF BREMERTON 1/30/2023 OYSTER BAY BEACH SEWER UPGRADES COST SUMMARY FOR CHANGE ORDER NO. 2 AND CONTRACT CHANGE ORDER #2 SUMMARY COST ITEMSAMOUNT $43,167.14 WCD #23: Additional duplex pumping system and landscape restoration at 4412 Kitsap Way $32,065.63 WCD #28: Additional work on the beach to disconnect laterals ** $75,232.77 ESTIMATED SUBTOTAL TO COMPLETE CONTRACT $6,921.41 Sales tax @ 9.2% Change order #2 (with sales tax)$82,154.18 ** The total amount of WCD #28 is $82,065.63. $50,000 has already been paid under Pay Application No. 17. The remaining $32,065.63 will be paid under Pay Application No. 18 after approval of Change Order No. 2 OVERALL CONTRACT COST SUMMARY CONTRACT AWARD $6,237,237.00 CHANGE ORDER NO. 1 $187,317.59 CHANGE ORDER NO. 2 $82,154.18 $6,506,708.77 REVISED CONTRACT AMOUNT WITH CHANGE ORDER NO. 2 Project Name: OBBSU______ CITY OF BREMERTON Project #: 5827________ Contractor: WORK CHANGE DIRECTIVE (WCD) ACI_________ NTP Date: 06/03/21_____ WCD #: 023 Date: 1/16/2 YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S): Item 1: At 4412 Kitsap Way (Oyster Bay Inn), install, connect and test additional duplex pumping system, including two pumps in existing wet well, make connections to existing 1.25” discharge line; make electrical connections, install Sentry Advisor, and test system to ensure operation with generator; restore disturbed grass area. Lump sum at $38,167.14 Item 2: Additional landscape restoration at 4412 Kitsap Way includes placement of weed barrier and rock placement over approximately 800 square feet area in designated area adjacent to building between generator and grinder pump panel. Rock shall be Rainbow Bull Rock (2” to 6”) from Peninsula Topsoil or approved equivalent. Confirm and coordinate limits with City Inspector prior to placement. Track as T&M. ATTACHMENT(S): Cost summary and estimate information used for developing cost basis If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order is based thereon will involve one or more of the following methods of determining the effect of the change(s). The Change Order will be executed in accordance with Section 1-04.4 of the WSDOT Standard Specifications, or Article 10 of the General Conditions. Method of determining change in Contract Price: Method of determining change in Contract Times: Unit Price Contractor’s Records Lump Sum (for duplex system) Engineer’s Records Time & Materials (landscape restoration) Other: Other: Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times: $ 43,167.14 . Substantial Completion: 0 days; If the change involves an increase, the estimated Ready for final payment: 0 days; amount is not to be exceeded without further If the change involves an increase, the estimated times authorization. are not to be exceeded without further authorization. RECOMMENDED: AUTHORIZED: CONTRACTOR CITY OF BREMERTON Jim Holland Bill Davis By: ____________________________________________ By: PAGE 1 OF 1 OYSTER BAY BEACH SEWER UPGRADES prepared by wjd COST ESTIMATE BY CITY 1/16/2023 Landscape restoration at 4412 Kitsap Way LABOR EmployeeReg RateUnitsHoursAmt Foreman$ 89.008$ 712.00 Operator$ 83.008$ 664.00 Laborer$ 63.008$ 504.00 TCS$ 57.700$ - Flagger$ 53.940$ - $ 1,880.00 EQUIPMENT Equip. DescriptionReg RateUnitsHoursAmt Hitachi 50 Mini Ex$ 41.008$ 328.00 Cat 420 Backhoe$ 37.448$ 299.52 Dump Truck$ 80.000$ - Service Truck$ 35.008$ 280.00 $ 907.52 MATERIALS DescriptionUnit CostUnits# of UnitsTOTAL Weed Barrier$ 200.00 LS 1.00 $ 200.00 Round rock$ 54.00Ton 15.00 $ 810.00 Other misc$ 200.00 LS 1.00 $ 200.00 Item 4$ - Item 5$ - $ 1,210.00 SUBCONTRACTOR Trucking-- included with rock -- MARKUPS Base TotalMarkupMarkup AmtTOTAL w/ MU LABOR$ 1,880.00 29%$ 545.20$ 2,425.20 EQUIPMENT$ 907.52 21%$ 190.58 $ 1,098.10 MATERIALS$ 1,210.00 21%$ 254.10$ 1,464.10 SUBCONTRACTOR$ -12%$ - $ - SUBTOTAL 1 (PRE-TAX)$ 4,987.40 Use $5,000, track and pay based on T&M Material calculation: For round rock coverage, assume 100 SF/Ton Total est. area = 800 SF Total rock est = 8 tons, minimum For 15 ton truck (11 CY), $802 delivered from Peninsual Topsoil Weed Fabric = $200 Project Name: ___OBBSU_______ CITY OF BREMERTON Project #: ___5827__________ Contractor: ___ACI___________ WORK CHANGE DIRECTIVE (WCD) NTP Date: ___06/03/21_______ WCD #: _028__ Date: 10/1/22 YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S): Schedule D: Beach Work Additional time and materials associated with cutting and capping beach sewer laterals. Differing site conditions included: 1) Formerly unidentified asbestos cement laterals resulting in changed capping method; 2) Inability to fully drain the 12-inch sewer main which required extra vactor work from the uplands ATTACHMENT(S): Supporting cost and time invoices and summary sheets If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order is based thereon will involve one or more of the following methods of determining the effect of the change(s). The Change Order will be executed in accordance with Section 1-04.4 of the WSDOT Standard Specifications, or Article 10 of the General Conditions. Method of determining change in Contract Price: Method of determining change in Contract Times: Unit Price Lump Sum x Time & Materials Other: Other: Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times: $82,065.63 . Substantial Completion: 0 days; If the change involves an increase, the estimated Ready for final payment: 0 days; amount is not to be exceeded without further If the change involves an increase, the estimated times authorization. are not to be exceeded without further authorization. RECOMMENDED: AUTHORIZED: CONTRACTOR CITY OF BREMERTON Jim Holland By: ____________________________________________ By: )rzz ,\]“rŠ PAGE 1 OF 1 AGENDA BILL 6A CITY OF BREMERTON Item Rescheduled CITY COUNCIL to March 1 SUBJECT: Study Session Date: February 8, 2023 Street Fund Budget Adjustment for the PSE-COUNCIL MEETING Date: February 15, 2023 owned Streetlight LED Conversion Program Department: PW&U Presenter: T. Knuckey Phone: (360) 473-2376 SUMMARY: Puget Sound Energy has established a new rebate program to convert high pressure sodium (HPS) streetlights to LED. Staff have coordinated with PSE on the programmatic conversion of all remaining HPS streetlights to LED the conversion would be executed in small (120-light+/-) contracts with the goal to execute four contracts each year. At this level of delivery all 1,578 remaining HPS streetlights would be converted to LED in approximately 3-years. No City Council action is necessary to execute the conversion contracts; however, for 2023 a budget adjustment of $70,000 is required in the Street Fund to allow the contracts to be executed. ATTACHMENTS: Council Summary FISCAL IMPACTS (Include Budgeted Amount): The 2023 Street Operations budget is increased by $70,000 from REET to implement the Streetlight LED conversion. REET is the best revenue source to fund this program, and results in annual savings to the Street Fund as presented in the Council Summary. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to increase in the Street Fund budget by $70,000 to fund the PSE-owned Streetlight LED Conversion Program. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 \[95 /hb9w{Lhb hC t{9Ώh‘b95 {w99 \[LDI{ /ƚǒƓĭźƌ {ǒƒƒğƩǤ ЋΉЊЎΉЋЌ .ğĭƉŭƩƚǒƓķ Street illumination is accomplished using a combination of City-owned and PSE-owned streetlights, along with a few privately-owned streetlights on private streets. To date all 1,008 City-owned streetlights have been converted to LED; however, 1,578 of the 1,788 PSE-owned lights are high pressure sodium (HPS). Currently the HPS lights are replaced by PSE at their expense as they fail, and since these types of lights are being phased out, they are typically being replaced with LED. With the current approach, it is estimated that all HPS lights will be converted to LED in approximately 10-years. To date the City has not been eligible for grants to fund a programmatic LED conversion; however, PSE has advised of a new rebate program that results in a 4-year pay back on the cost of the conversion. The proposed program would convert PSE-owned lights in of 120 lights, with the goal to convert four Phases each year. With this approach all PSE-owned streetlights would be converted to LED in approximately three years. /ƚƭƷƭ ğƓķ {ğǝźƓŭƭ The City pays PSE a monthly tariff to operate and maintain each of its streetlights; for 2022 the total cost was $425,000. There are several different tariffs with different costs depending on the wattage and whether a light is HPS or LED; for example, the 2022 cost of a 100W HPS light is $14.72/month while a comparable 39W LED light is $11.61/month. Given that the cost to convert a light to LED is $256 and considering the $3/month savings, it takes over 7-years to recoup the conversion cost, and on this basis until now conversion has not been considered cost-effective. PSE rebate program reduces the conversion cost to $143/light which results in a 4-year payback which is considered cost-effective. An allows dimming to address either customer concerns or for efficiencies. It is anticipated that these Smart Node streetlights will be less affected by upcoming rate increases. The conversion would install new LED lights meeting City standard, including 3000K CCT, and would be completed under four contract phases each year at a net-cost of $17,160 per phase ($68,640/yr) and so Council action is not required. That said, a budget adjustment is required to fund the 2023 work. At the current tariff rate, the annual savings to the City would be approximately $59K once all lights have been converted. It should be noted that PSE advises the rebate value is adjusted each January and could be eliminated at any time. Should the rebate either reduce significantly or cease altogether the City would stop the programmatic conversion. The table below presents annual and cumulative costs and savings assuming 2023 costs and rebates remain constant throughout the conversion. The failure rate of existing HPS lights is not considered. AGENDA BILL CITY OF BREMERTON 6B CITY COUNCIL Added 2/14/23 SUBJECT: Study Session Date: N/A Public Works Agreement with Utter COUNCIL MEETING Date: February 15, 2023 Associates, Inc. for Audio Visual Equipment Department: Municipal Court Design and Install at Bremerton Municipal Presenter: Mike Riley/Melinda Court; and Budget Adjustment to Trial Court Monroe Improvement Fund Phone: (360) 473-5306 SUMMARY: The Public Works Agreement with Utter Associates has completed negotiation and includes updated terms. The contract is now drafted with agreement from both sides at the amount of $152,600.00. The equipment purchase amount remains at $65,356.82. However, expected expenses against the th current award funds prior to June 30 are now at $101,482 and includes a 20% deposit, equipment, system integration, design, and removal of old equipment. Installation and project close-out are still currently scheduled for August, but this date could be moved forward dependent on the delivery schedule. ATTACHMENTS: Public Works Agreement (final) Exhibit A Exhibit B Exhibit C FISCAL IMPACTS (Include Budgeted Amount): $100,000 AOC Audio & Visual Enhancement th $20,000 Grant; 1/10 of 1% Mental Health Grant; $8,000 AOC Therapeutic Court Grant: $24,600 Trial Court Improvement Fund STUDY SESSION AGENDA: Limited Presentation Full Presentation RECOMMENDED MOTION: Move to approve the Public Works Agreement with Utter Associates, Inc. in the amount of $152,600; and approve a Budget Adjustment to the Trial Court Improvement Fund in the amount of $24,600; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 QVCMJD!XPSLT!BHSFFNFOU! THIS AGREEMENT is entered into between the City of Bremerton, a Washington UTTER ASSOCIATES,INC TH address is 5601 6 Ave. S. STE 471, Seattle, WA 98108 . The parties agree as follows: !2/!DPOUSBDUPS!TFSWJDFT/ The Contractor shall perform the following services for the City: scope equipment needs for municipal court audio visual systems; design and draw system; removal of old equipment and installation of new equipment including electrical connections and permitting. Scope of work will include the bill of materials, Audio Visual design drawings, and rates as included in Exhibit A and per the schedule in Exhibit B. 3/ UJNF!PG!DPNQMFUJPO/ Contractor shall complete the work no later than October 31, 2023 and per the schedule attached as Exhibit B. !4/!DPNQFOTBUJPO/ The City shall pay the Contractor the total amount of $,152.600.00 including any applicable Washington State Sales Tax, for the work and contemplated in this agreement at the rates and schedule included in Exhibit A and Exhibit B. The City shall pay the Contractor twenty percent (20%) of the Contract amount within 15 days of signing the agreement and the remaining portions per the completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this agreement. A. No Performance Bond. Because this contract including applicable sales tax is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount 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. ! B. Retainage. The City shall hold back a retainage in the amount of ten (10) percent (10%) 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. Payment Schedule: 20% due 15 days after contract signing ....................................... $29,709.45 Part 1: As invoiced for design, system integration, equipment, removal, delivery and sales tax (up to on-site work) ..................................................................................................... $71,773.35 Part 2: As invoiced for installation through substantial completion including sales tax (on-site) ..................................................................................................... $36,268.50 10% hold-back, due 45 days after project acceptance .................. $14,848.70 Total: ............................................................................................. $152,600.00 Progress Payments. Contractor shall invoice the City for completed work per payment schedule in Exhibits A and B and at the above payment schedule, as soon as possible, after the first of each month, the Contractor shall submit to the City an invoice for payment for the Work performed for each Project in the preceding month less any retainage held per the schedule and rates in Exhibit A and Exhibit B. D. 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 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 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. E. 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. 5/!JOEFQFOEFOU!DPOUSBDUPS/ 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. 6/ UFSNJOBUJPO/ The City may terminate this agreement for good cause. A. properly skilled workers or proper materials for completion of the Contract work. B. this agreement. C. - contractors or for material or labor. D. regard of federal, state or local laws, rules or regulations. E. 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. 7/!QSFWBJMJOH!XBHFT/ 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. 8/ DIBOHFT/ 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 knew or should have known of the facts and events giving rise to the requested change. If the 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. 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. 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 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. C. . 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 9/!DMBJNT/ 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 ritten 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. Contractor shall provide written notice of substantial completion and within 10 days of such notice the City shall evaluate and provide confirmation or provide a written list of items that are outstanding. Upon acceptance from the City of completion the contractor shall provide the enclosed release of claims form as provided in Exhibit C. :/!XBSSBOUZ/!!The Contractor shall correct all defects in workmanship and defects are corrected, the warranty for that portion of the work shall extend for one year from 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. 21/ JOEFNOJGJDBUJPO/ 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 sole negligence. 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 IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS 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. ! 22/!JOTVSBODF/!!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 B. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. separately to each insured against whom claim is made or suit is brought, except with respects to 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 -5161, or by th certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6 Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City 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 ire 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. 23/!NJTDFMMBOFPVT/! 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. . Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and 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. . To the extent not inconsistent with RCW 39.04.240, in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the 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. SIGNATURES ON THE NEXT PAGE: JO!XJUOFTT!XIFSFPG, the parties below have executed this agreement. UTTER ASSOCIATES, INC. THE CITY OF BREMERTON Print Name: Ben Wolk Print Name: Title: Managing Partner Title: DATE DATE !! Opujdft!up!cf!tfou!up;!!!!!Opujdft!up!cf!tfou!up;! CONTRACTOR: CITY OF BREMERTON: Ben Wolk Melinda Monroe, Contracts Administrator th Utter Associates, Inc. 345 6 Street, Suite 100 th 5601 6 Street S., STE 471 Bremerton, WA 98337 Seattle, WA 98108 (360) 473.5306 ) 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. 08 2022.doc BID PROPOSAL AUDIOVIDEODESIGN AND INSTALL SERVICES City of Bremerton 150 Design A.Audio Visual System$Perhour 150 B.Installation and Labor (subject to Prevailing Wages)$Perhour. 150 C.As-built drawings for records$Per hour. D._______________________$_________________per hour 65,356.82 E.Equipment charges$________________ 275 F.Delivery and Freight$________________ 0 G.Warranty charges$________________ 13,666.33 H.Sales tax9.2%$________________ *Perhourcosts to notincludeWashington State sales tax, but must be in compliance with Washington Prevailing Wage Laws and Compensation requirements. Utter Associates, Inc. Contractor Name: ________________________________________________________ Authorized Signature: ____________________________________________________ 5601 6th Ave. S. Suite 471 Seattle, WA 98108 Contractor Address: ______________________________________________________ Contractor registration information form must be filled out and accompany these bid proposals. Exhibit B -1 Exhibit C: Final Contract Voucher FINAL CONTRACT VOUCHER ACCEPTANCE OF COMPENSATION & RELEASE OF ALL CLAIMS <Project Title> <City Project Number>- <City Construction Contract Number> The Contractor, hereby releases the City of Bremerton, Washington, from any and all liens or claims arising out of this Contract or is, herewith, providing retainage covering all unpaid obligations for work, materials, equipment or any other liens outstanding on this Contract as per section 3 of the agreement. The Contractor, {________________}, hereby certifies that all subcontractors, suppliers, and employees have been paid in accordance with the Contract Documents and all applicable laws, with the exception, that being Retainage, if any, remaining to be paid <CONTRACTOR>, hereby indicates agreement with, and acceptance of, the final Contract Payment of <$000,000>, the total Contract Price of <$000,000,000>, including Washington State sales and/or use taxes, and the final Contract Time of <NNN Days>, as full and final compensation for all Work performed in connection with Contract Number <City Construction Contract Number>, and does hereby release the City of Bremerton from all claims, liability, demands, damages and actions of any kind whatsoever, arising from performance of that Contract. <CONTRACT OR> By: Date: Title: Certificate of Notary State of Washington County of ___________ I certify that I know or have satisfactory evidence that _____________ (name of person) is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the _____________ (type of authority, e.g., officer, trustee, etc.) of _____________ (name of party on behalf of whom instrument was executed) to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated:______________ ____________________ (Seal or stamp) Signature___________________Title City of Bremerton Date PROJECT TITLE) Contract Documents GOODNOW COUNCIL DISTRICT 5 MICHAEL FREY DENISE COUNCIL DISTRICT 2 COUNCIL DISTRICT 1 JENNIFER CHAMBERLIN