HomeMy WebLinkAbout1 - Original Submission_ CW-4 Beach Mitigation_Contract SpecsCITY OF BREMERTON
CW-4 BEACH MITIGATION
BID DOCUMENTS
MAY 2022
Bid Opening: Friday, June 3, 2022 at 11:00 a.m. Bids will be received electronically. There will be no
formal public bid opening. The bid tabulation and copies of all bids will be made available upon request within 24 hours of the bid opening.
Pre-Bid Conference: There will be no pre-bid conference.
Contact Person: Gunnar Fridriksson P.L.S., P.E. Public Works & Utilities, Engineering 345 Sixth Street, Suite 520 Bremerton, WA 98337-1873 Tel: (360) 473-5758 gunnar.fridriksson@ci.bremerton.wa.us
THIS PROJECT IS BEING BID USING THE MUNICIPAL RESEARCH AND SERVICES CENTER (MRSC) SMALL WORKS ROSTER
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City of Bremerton Project No.: 5847 CW-4 Beach Mitigation May 2022
Contract Documents Certificate of Engineer
CERTIFICATE OF ENGINEER
The technical material and data contained in these Specifications for the CW-4 Beach Mitigation project were prepared under the supervision and direction of the undersigned, whose seal, as a professional engineer licensed to practice as such, is affixed below.
Prepared by: Gunnar Fridriksson, P.L.S., P.E.
Stormwater Project Manager
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City of Bremerton Project No.: 5847 CW-4 Beach Mitigation May 2022
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City of Bremerton Page 1 of 2 May 31, 2022 CW-4 Beach Mitigation Addendum #1
CITY OF BREMERTON
ADDENDUM NO. 1
for
CW-4 Beach Mitigation
Issued May 31, 2022
Date of Bid Opening – Unchanged – June 3, 2022
The following shall modify the Contract Documents and the work shall be accomplished in accordance with such
modifications. It is requested that this addendum be stapled to the Bid Documents.
IMPORTANT: THIS ADDENDUM SHOULD BE ACKNOWLEDGED IN YOUR BID FORMS WHEN YOUR BID
IS SUBMITTED. FAILURE TO ACKNOWLEDGE THE ADDENDUM MAY CONSTITUTE GROUNDS FOR
REJECTION OF THE BID.
Contents: This addendum contains revisions to the Specifications and/or the Contract Drawings. Revisions to
the Specifications are made by reissuing entire sections, reissuing specific pages of sections, OR by directing a
change in writing, herein. When a paragraph or sentence is modified, additions are indicated with bold text and
deletions are indicated with strikethrough text. Revisions to the Drawings are made by re-issuing a drawing,
issuing a revision to a specific detail from a drawing, OR by directing a change in writing, herein. Bidders are
cautioned to check the addendum contents carefully for the presence of all listed revisions.
Distribution: This addendum is distributed to all planholders of record.
Integration: The following changes, additions, deletions, and attachments are hereby made a part of the
Contract Documents for the aforementioned project, as fully and completely as if the same were set forth
therein.
Acknowledgement of Receipt of Addendum: All prospective bidders are instructed to incorporate this revision
into their bids and to complete the acknowledgement of receipt of addenda in the Bid Proposal. Failure to do so
may result in the Bid being rejected as not responsive.
5/31/22
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City of Bremerton Page 2 of 2 May 31, 2022 CW-4 Beach Mitigation Addendum #1
Item #1: The construction plan sheets in Appendix A are deleted and replaced with 4 sheets (attached).
Item #2: Questions asked during the bid period:
Q1: Is there a bathymetry survey of the project area?
A1: No.
Q2: The project plans numerical call-out, references a photo journal to be provided on the appendix
of the special provisions, which was not included with the project specifications. Can you please
provide a copy/access to such a document?
A2: A copy of the photo journal is included with this addendum.
Q3: Will the responses and/or any project addenda will be posted under a certain site/link, which the
contractors is responsible for tracking?
A3: Addenda will be emailed to all contractors that received the original bid documents. If you are
concerned about tracking the addenda, email Noreen Bolo at Noreen.bolo@ci.bremerton.wa.us
at least 2 days before the bid opening.
Q4: In Appendix C, page 3 of the letter dated July 23, 2021, from the Corps of Engineers, Seattle
District, to Gunnar Fridriksson, states that the work must commence by March 18, 2022. The
work has not commenced by this date and will likely commence on or around August 1, 2022.
Will the City obtain an updated Nationwide permit to indicate a required commencement date of
August 1, 2022?
A4: The City is able to demonstrate it is currently “under contract” and the work has commenced in
accordance with guidance from the Corps, providing a one-year extension to the March 18, 2022
date. This was confirmed in an email exchange between the City and the Corps on 2/15/2022 and
2/25/2022. The City is in compliance with the dates given in the Nationwide permit and no
reissuance of the Corps permit is required.
ATTACHMENTS:
1) Reissued plan sheets for Appendix A (4 sheets);
2) Photo journal (6 pages)
END OF ADDENDUM NO. 1
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NOTE 1 Sewer lateral configuration with different pipe sizes and types. (Looking South)
NOTE 2 Abandoned manhole as part of the CW-4 project. (Looking NW)
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NOTE 3 Abandoned sewer manhole east of Ohio Avenue. (Looking East)
NOTE 4 Wood piling west of Chester Avenue to be removed. (Looking South)
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NOTE 5 Sewer manhole at Chester Avenue. Rock spillway to remain in place. (Looking East)
NOTE 6 Asbestos sewer pipe with concrete stairs to be removed. (Looking South)
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NOTE 7 Large concrete rubble to be removed near concrete seawall. (Looking NE)
NOTE 8 Asbestos sewer pipe and CMP pipe north of the concrete seawall. (Looking East)
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NOTE 9 Two rows of Asbestos sewer pipe just to the north of armoring rocks. (Looking East & SE)
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NOTE 10 Three rows of creosote piling. (Looking East)
NOTE 11 One row of creosote piling under the Warren Avenue Bridge. (Looking East)
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City of Bremerton Project No.: 5847 CW-4 Beach Mitigation i May 2022
Contract Documents Table of Contents
TABLE OF CONTENTS
NOTICE INVITING BIDS ........................................................................................................... 1 BID FORMS ............................................................................................................................... 4 Acknowledgement of Bid and Addenda ..................................................................... 4 Bid Schedule ................................................................................................................. 5 Bid Bond ....................................................................................................................... 6 Information Required of Bidder ................................................................................... 7 Project References ....................................................................................................... 8 Certification of Compliance with Wage Payment Statutes ........................................ 9 INTRODUCTION TO THE SPECIAL PROVISIONS .................................................................10 DIVISION 1 - GENERAL REQUIREMENTS .............................................................................11 DESCRIPTION OF WORK ............................................................................................11 1-01 DEFINITIONS AND TERMS ..............................................................................11 1-01.3 Definitions ......................................................................................11 1-02 BID PROCEDURES AND CONDITIONS ...........................................................13 1-02.1 Prequalification of Bidders .............................................................13 1-02.1 Qualifications of Bidder ..................................................................13
1-02.2 Plans and Specifications ................................................................13 1-02.3 Estimated Quantities ......................................................................14 1-02.5 Proposal Forms .............................................................................14
1-02.7 Bid Deposit ....................................................................................14 1-02.9 Delivery of Proposal .......................................................................15 1-02.10 Withdrawing, Revising, or Supplementing Proposal .......................15
1-02.12 Public Opening of Proposals ..........................................................15 1-02.13 Irregular Proposals ........................................................................16 1-02.15 Pre-Award Information ...................................................................17 1-02.16 Addenda and Interpretations of Documents (NEW SECTION) ......17 1-03 AWARD AND EXECUTION OF CONTRACT ....................................................17 1-03.1 Consideration of Bids .....................................................................17 1-03.3 Execution of Contract ....................................................................18 1-03.4 Contract Bond ................................................................................18 1-03.7 Judicial Review ..............................................................................18 1-04 SCOPE OF THE WORK ....................................................................................18 1-04.2 Coordination of Contract Documents, Plans, Special Provisions, Specifications, and Addenda .........................................................18 1-04.6 Variation in Estimated Quantities ...................................................19 1-05 CONTROL OF WORK ......................................................................................19
1-05.2 Authority of Assistants and Inspectors ...........................................19 1-05.7 Removal of Defective and Unauthorized Work ...............................19 1-05.11 Final Inspection .............................................................................20 1-05.11 Final Inspections and Operational Testing .....................................20 1-05.11(1) Substantial Completion Date .........................................................20 1-05.11(2) Final Inspection and Physical Completion Date .............................21
1-05.13 Superintendents, Labor, and Equipment of Contractor ..................21 1-05.15 Method of Serving Notices .............................................................21 1-05.16 Water and Power New Section ................................................22 1-05.17 Oral Agreements New Section .................................................22
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City of Bremerton Project No.: 5847 CW-4 Beach Mitigation ii May 2022
Contract Documents Table of Contents
1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC ...................22 1-07.1 Laws to be Observed .....................................................................22
1-07.2 State Taxes ...................................................................................23 1-07.2 Sales Tax ......................................................................................23 1-07.2(1) State Sales Tax — Rule 171 ..........................................................23 1-07.2(2) State Sales Tax — Rule 170 ..........................................................23 1-07.2(3) Services .........................................................................................24 1-07.6 Permits and Licenses ....................................................................24 1-07.13 Contractor’s Responsibility for Work ..............................................24 1-07.13(4) Repair of Damage ..........................................................................24 1-07.15 Temporary Water Pollution Prevention ..........................................25 1-07.18 Insurance .......................................................................................25 1-07.18(1) General Requirements ...................................................................25
1-07.18(2) Additional Insured ..........................................................................26 1-07.18(3) Subcontractors ..............................................................................26 1-07.18(4) Evidence of Insurance ...................................................................26
1-07.18(5) Coverage and Limits ......................................................................27 1-07.28 Third Party Beneficiary New Section .........................................28 1-08 PROSECUTION AND PROGRESS ..................................................................28
1-08.0 Preliminary Matters New Section ............................................28 1-08.0(1) Preconstruction Conference New Section ..................................28 1-08.0(2) Hours of Work New Section .....................................................29 1-08.1 Subcontracting ...............................................................................30 1-08.3 Progress Schedule ........................................................................30 1-08.3(2) Progress Schedule Types ..............................................................30 1-08.3(2)A Type A Progress Schedule ............................................................30 1-08.4 Prosecution of Work ......................................................................30 1-08.4 Notice to Proceed and Prosecution of Work ...................................30 1-08.5 Time for Completion ......................................................................30 1-08.9 Liquidated Damages ......................................................................30 1-09 MEASUREMENT AND PAYMENT ...................................................................31 1-09.6 Force Account ...............................................................................31 1-09.9 Payments ......................................................................................31
1-09.11 Disputes and Claims ......................................................................32 1-09.11(3) Time Limitation and Jurisdiction .....................................................32 1-09.13 Claims Resolution ..........................................................................33
1-09.13(3) Claims $250,000 or Less ...............................................................33 DIVISION 2 - EARTHWORK .....................................................................................................35 2-02 REMOVAL OF STRUCTURES AND OBSTRUCTIONS ....................................35
2-02.3 Construction Requirements ...........................................................35 2-02.4 Vacant ...........................................................................................35 2-02.4 Tug and Barge, Mobilization and Daily Use ...................................35 2-02.5 Payment ........................................................................................35 DIVISION 8 - MISCELLANEOUS CONSTRUCTION ................................................................37 8-01 EROSION CONTROL AND WATER POLLUTION CONTROL .........................37 8-01.1 Description.....................................................................................37
APPENDICES A CONSTRUCTION PLANS B PUBLIC WORKS AGREEMENT C PERMITS
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City of Bremerton Project No.: 5847 CW-4 Beach Mitigation 1 May 2022
Contract Documents Notice Inviting Bids
NOTICE INVITING BIDS
for CW-4 Beach Mitigation
City of Bremerton, Washington
The City of Bremerton, Washington is requesting bids from contractors on the Municipal Research and Services Center (MRSC) Small Works Roster listed under the category: Marine Construction.
RECEIPT OF BIDS: The filled-out bid forms shall be emailed as a PDF to the following email address: noreen.bolo@ci.bremerton.wa.us. The email shall be time and date stamped no later than the bid opening time.
OPENING OF BIDS: The bids will be opened and evaluated by City staff immediately after the bid submission deadline. There will be no public bid opening. All bids will be made available to the public on the following day. Send an email to noreen.bolo@ci.bremerton.wa.us to obtain a copy of the opened bids and bid tabulation.
COMPLETION OF WORK: The WORK must be completed within twenty (20) working days after the commencement date stated in the Notice to Proceed.
DESCRIPTION OF WORK: This contract provides for the improvement of the existing beach on the south side of the Port Washington Narrows from 300 feet west of Ohio Avenue to Warren Avenue by removing and disposing of existing man-made debris, such as sanitary sewer manholes, abandoned piping, pilings, and concrete remnants, along with angular rock that currently rests on the beach, all in accordance with the Contract Plans, these Contract Provisions, and the Standard Specifications.
OBTAINING BID DOCUMENTS: The Bid Documents will be emailed to contractors on the MRSC Small Works Roster under the Marine Construction category.
PREPARING BID PROPOSALS: All bid proposals must be made on the blank forms furnished in the Request for Bids. The bids may be filled out electronically or by hand and scanned in. The bids shall be saved in a PDF format for receipt to the City.
BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period of ninety
(90) calendar days from the date of bid opening.
BID SECURITY: Each bid shall be accompanied by a certified or cashier's check or Bid Bond
payable to the City of Bremerton, in the amount of five percent (5%) of the Total Bid, including
Washington State sales tax, identified at the time of submittal of the bid as a guarantee that the
Bidder, if its Bid is accepted, will promptly execute the Contract. A bid shall not be considered
unless one of the forms of Bidder's security is enclosed with it. A scan or electronic copy of the
bid bond may be included with the electronic bid submittal. The bidder that is selected will be
required to provide an original copy prior to executing the contract.
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City of Bremerton Project No.: 5847 CW-4 Beach Mitigation 2 May 2022
Contract Documents Notice Inviting Bids
EXECUTING THE CONTRACT: The contractor to whom the City awards the bid shall execute a
Public Works Agreement with the City. The terms, conditions, requirements, and
specifications included in the Request for Bids will be included as part of the Agreement.
The City standard Public Works Agreement is included in the appendices. The contract
documents consist of this entire request for bids including appendices, filled-out bid forms,
bonds, insurance, the executed agreement, and WSDOT Standard Specifications (latest
edition).
WAGE RATES: Contractor shall pay Kitsap County Prevailing Wage Rates current as of the bid opening date. Kitsap County Prevailing Wage Rates can be found at the Department of
Labor and Industries website.
MINORITY AND WOMEN OWNED BUSINESSES: Small, Minority- and Women-owned firms
are encouraged to submit bids.
PROJECT COMMUNICATION: For project-related questions, please contact the Project
Manager. Due to limited work in the office from COVID restrictions, email will receive more
immediate attention.
Project Manager:
Gunnar Fridriksson, P.L.S., P.E.
(360) 473-5758
gunnar.fridriksson@ci.bremerton.wa.us
CITY’S RIGHTS RESERVED: The City of Bremerton reserves the right to reject any and all bids
on any or all schedules or alternates or to waive any informalities in the bidding and shall
determine which bid or bidders is the most satisfactory and responsible bidder and shall be the
sole judge thereof.
No plea of mistake in the bid shall be available to the bidder for the recovery of his/her deposit
or as a defense to any action based upon the neglect or refusal to execute a contract.
PUBLIC DISCLOSURE: All Proposals, including attachments and any documentation,
submitted to and accepted by the City in response to this Notice Inviting Bids become the
property of the City and are subject to the disclosure provisions of the Washington Public
Records Act. Submittals shall become property of the City and considered public documents
under applicable Washington State laws. All documentation provided to the City may be subject
to disclosure in accordance with Washington State public disclosure laws.
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City of Bremerton Project No.: 5847 CW-4 Beach Mitigation 3 May 2022
Contract Documents Notice Inviting Bids
CONTRACTOR RESPONSIBILITY: It is the Contractor’s responsibility to examine all
specifications and conditions thoroughly and comply fully with specifications and all
attached terms and conditions. Contractors must comply with all Federal, State, and
City laws, ordinances and rules, and meet any and all registration requirements where
required for Contractors as set forth in the Washington Revised Statutes.
RIGHT TO CANCEL: The City of Bremerton reserves the right to cancel or reissue all or part of
this solicitation at any time, as allowed by law, without obligation or liability.
The Request for Bids documents are not intended to constitute, or be interpreted as, a call
for tenders, and the submission of a Bid is not intended to create any contractual or other
legal obligations or duties whatsoever owed to any qualified Vendor by the City,
including any obligation or duty to accept or reject a Bid, to enter into negotiations or decline
to enter into or continue negotiations, or to award or not award a Contract. Without restricting
the generality of the foregoing, no contractual relations shall exist between the City and any
qualified Vendor until the execution of a Contract with that qualified Vendor.
EQUAL EMPLOYMENT OPPORTUNITY STATEMENT: It is the policy of the City of Bremerton
to offer equal employment opportunity to all individuals. The City of Bremerton will administer
all actions with respect to employment practices in compliance with federal, state and local
laws, and will 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.
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.
END OF NOTICE INVITING BIDS
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City of Bremerton Project No.: 5847 CW-4 Beach Mitigation 10 May 2022
Contract Documents Introduction to the Special Provisions
INTRODUCTION TO THE SPECIAL PROVISIONS
(December 10, 2020 APWA GSP)
The work on this project shall be accomplished in accordance with the Standard Specifications
for Road, Bridge and Municipal Construction, 2022 edition, as issued by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter (hereafter “Standard Specifications”). The Standard Specifications, as modified or supplemented by these Special Provisions, all of which are made a part of the Contract Documents, shall govern all of the Work.
These Special Provisions are made up of both General Special Provisions (GSPs) from various sources, which may have project-specific fill-ins; and project-specific Special Provisions. Each Provision either supplements, modifies, or replaces the comparable Standard Specification, or is
a new Provision. The deletion, amendment, alteration, or addition to any subsection or portion of the Standard Specifications is meant to pertain only to that particular portion of the section, and in no way should it be interpreted that the balance of the section does not apply.
The project-specific Special Provisions are not labeled as such. The GSPs are labeled under the headers of each GSP, with the effective date of the GSP and its source. For example:
(March 8, 2013 APWA GSP)
(April 1, 2013 WSDOT GSP)
Also incorporated into the Contract Documents by reference are:
Manual on Uniform Traffic Control Devices for Streets and Highways, currently adopted edition, with Washington State modifications, if any
Standard Plans for Road, Bridge and Municipal Construction, WSDOT/APWA, current edition
City of Bremerton Construction Standard Plans and Details
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City of Bremerton Project No.: 5847 CW-4 Beach Mitigation 11 May 2022
Contract Documents Division 1, General Requirements
DIVISION 1
GENERAL REQUIREMENTS
DESCRIPTION OF WORK
(March 13, 1995, WSDOT GSP) This Contract provides for the improvement of the existing beach on the south side of the Port
Washington Narrows from 300 feet west of Ohio Avenue to Warren Avenue by removing and disposing of existing manmade debris, such as sanitary sewer manholes, abandoned piping, pilings, and concrete remnants, along with angular rock that currently rests on the beach, all in accordance with the Contract Plans, these Contract Provisions, and the Standard Specifications.
1-01 DEFINITIONS AND TERMS
1-01.3 Definitions (January 4, 2016 APWA GSP)
Delete the heading Completion Dates and the three paragraphs that follow it, and replace them with the following:
Dates
Bid Opening Date The date on which the Contracting Agency publicly opens and reads the Bids.
Award Date The date of the formal decision of the Contracting Agency to accept the lowest responsible and responsive Bidder for the Work.
Contract Execution Date The date the Contracting Agency officially binds the Agency to the Contract.
Notice to Proceed Date The date stated in the Notice to Proceed on which the Contract time begins.
Substantial Completion Date The day the Engineer determines the Contracting Agency has full and unrestricted use and benefit of the facilities, both from the operational and safety standpoint, any remaining traffic disruptions will be rare and brief, and only minor incidental work, replacement of temporary substitute facilities, plant establishment periods, or correction
or repair remains for the Physical Completion of the total Contract.
Physical Completion Date The day all of the Work is physically completed on the project. All documentation
required by the Contract and required by law does not necessarily need to be furnished by the Contractor by this date.
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City of Bremerton Project No.: 5847 CW-4 Beach Mitigation 12 May 2022
Contract Documents Division 1, General Requirements
Completion Date The day all the Work specified in the Contract is completed and all the obligations of the
Contractor under the contract are fulfilled by the Contractor. All documentation required by the Contract and required by law must be furnished by the Contractor before establishment of this date.
Final Acceptance Date The date on which the Contracting Agency accepts the Work as complete.
Supplement this Section with the following:
All references in the Standard Specifications, Amendments, or WSDOT General Special Provisions, to the terms “Department of Transportation”, “Washington State Transportation Commission”, “Commission”, “Secretary of Transportation”, “Secretary”, “Headquarters”, and “State Treasurer” shall be revised to read “Contracting Agency”.
All references to the terms “State” or “state” shall be revised to read “Contracting Agency” unless the reference is to an administrative agency of the State of Washington, a State statute or regulation, or the context reasonably indicates otherwise.
All references to “State Materials Laboratory” shall be revised to read “Contracting Agency designated location”.
All references to “final contract voucher certification” shall be interpreted to mean the Contracting Agency form(s) by which final payment is authorized, and final completion and
acceptance granted.
Additive A supplemental unit of work or group of bid items, identified separately in the Bid Proposal,
which may, at the discretion of the Contracting Agency, be awarded in addition to the base bid.
Alternate One of two or more units of work or groups of bid items, identified separately in the Bid Proposal, from which the Contracting Agency may make a choice between different methods or material of construction for performing the same work.
Business Day A business day is any day from Monday through Friday except holidays as listed in Section 1-08.5.
Contract Bond The definition in the Standard Specifications for “Contract Bond” applies to whatever bond
form(s) are required by the Contract Documents, which may be a combination of a Payment Bond and a Performance Bond.
Contract Documents
See definition for “Contract”.
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City of Bremerton Project No.: 5847 CW-4 Beach Mitigation 13 May 2022
Contract Documents Division 1, General Requirements
Contract Time The period of time established by the terms and conditions of the Contract within which the Work must be physically completed.
Notice of Award The written notice from the Contracting Agency to the successful Bidder signifying the Contracting Agency’s acceptance of the Bid Proposal.
Notice to Proceed The written notice from the Contracting Agency or Engineer to the Contractor authorizing and directing the Contractor to proceed with the Work and establishing the date on which the Contract time begins.
Traffic Both vehicular and non-vehicular traffic, such as pedestrians, bicyclists, wheelchairs, and equestrian traffic.
1-02 BID PROCEDURES AND CONDITIONS
1-02.1 Prequalification of Bidders
Delete Section 1-02.1 and replace it with the following:
1-02.1 Qualifications of Bidder
(January 24, 2011 APWA GSP) Before award of a public works contract, a bidder must meet at least the minimum qualifications of RCW 39.04.350(1) to be considered a responsible bidder and qualified to be awarded a public works project.
1-02.2 Plans and Specifications
(June 27, 2011 APWA GSP)
Delete this section and replace it with the following:
Information as to where Bid Documents can be obtained or reviewed will be found in the Call for Bids (Advertisement for Bids) for the work.
After award of the contract, plans and specifications will be issued to the Contractor at no cost as detailed below:
To Prime Contractor No. of Sets Basis of Distribution
Reduced plans (11″ x 17″) *** 2 *** Furnished automatically upon award.
Contract Provisions *** 2 *** Furnished automatically upon award.
Large plans (e.g., 22″ x 34″) and Contract Provisions *** 0 *** Furnished automatically upon award.
Additional plans and Contract Provisions may be obtained by the Contractor from the source stated in the Call for Bids, at the Contractor’s own expense.
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City of Bremerton Project No.: 5847 CW-4 Beach Mitigation 14 May 2022
Contract Documents Division 1, General Requirements
1-02.3 Estimated Quantities
Delete this section and replace with the following: The estimated quantities shown in the bid forms are estimates only, being given only as the
basis for the comparison of bids, and the City does not warrant, expressly or by implication, that the actual amount of work will correspond therewith. The right to increase or decrease the amount of any class or portion of the Work or to make changes in the Work required may be deemed necessary is reserved by the City as provided elsewhere in these specifications. The basis of payment will be the actual unit bid items of work performed and measured in accordance with the contract. All prospective bidders should note that certain bid items might be included in the Bid Form to establish a unit price should the use of those items become necessary during construction. Allowance will not be made for loss of anticipated profits or additional compensation should the use of these items be deemed unnecessary.
1-02.5 Proposal Forms
(July 31, 2017 APWA GSP)
Delete this section and replace it with the following:
The Proposal Form will identify the project and its location and describe the work. It will also
list estimated quantities, units of measurement, the items of work, and the materials to be furnished at the unit bid prices. The bidder shall complete spaces on the proposal form that call for, but are not limited to, unit prices; extensions; summations; the total bid amount;
signatures; date; and, where applicable, retail sales taxes and acknowledgment of addenda; the bidder’s name, address, telephone number, and signature; the bidder’s UDBE/DBE/M/WBE commitment, if applicable; a State of Washington Contractor’s Registration Number; and a Business License Number, if applicable. Bids shall be completed by typing or shall be printed in ink by hand, preferably in black ink. The required certifications are included as part of the Proposal Form.
The Contracting Agency reserves the right to arrange the proposal forms with alternates and additives, if such be to the advantage of the Contracting Agency. The bidder shall bid on all alternates and additives set forth in the Proposal Form unless otherwise specified.
1-02.7 Bid Deposit (March 8, 2013 APWA GSP)
Supplement this section with the following:
Bid bonds shall contain the following:
1. Contracting Agency-assigned number for the project;
2. Name of the project;
3. The Contracting Agency named as obligee;
4. The amount of the bid bond stated either as a dollar figure or as a percentage which
represents five percent of the maximum bid amount that could be awarded;
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5. Signature of the bidder’s officer empowered to sign official statements. The signature of the person authorized to submit the bid should agree with the signature on the bond, and
the title of the person must accompany the said signature;
6. The signature of the surety’s officer empowered to sign the bond and the power of attorney.
If so stated in the Contract Provisions, bidder must use the bond form included in the Contract Provisions.
If so stated in the Contract Provisions, cash will not be accepted for a bid deposit.
1-02.9 Delivery of Proposal
Delete this section and replace it with the following:
Reference the Request for Bids for requirements for proposal delivery.
1-02.10 Withdrawing, Revising, or Supplementing Proposal (July 23, 2015 APWA GSP)
Delete this section, and replace it with the following:
After submitting a physical Bid Proposal to the Contracting Agency, the Bidder may withdraw, revise, or supplement it if:
1. The Bidder submits a written request signed by an authorized person and physically delivers it to the place designated for receipt of Bid Proposals, and
2. The Contracting Agency receives the request before the time set for receipt of Bid Proposals, and
3. The revised or supplemented Bid Proposal (if any) is received by the Contracting Agency before the time set for receipt of Bid Proposals.
If the Bidder’s request to withdraw, revise, or supplement its Bid Proposal is received before the time set for receipt of Bid Proposals, the Contracting Agency will return the unopened Proposal package to the Bidder. The Bidder must then submit the revised or supplemented package in its entirety. If the Bidder does not submit a revised or supplemented package, then its bid shall be considered withdrawn.
Late revised or supplemented Bid Proposals or late withdrawal requests will be date recorded by the Contracting Agency and returned unopened. Mailed, emailed, or faxed requests to withdraw, revise, or supplement a Bid Proposal are not acceptable.
1-02.12 Public Opening of Proposals
Delete this section and replace it with the following:
Reference the Request for Bids for bid opening.
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1-02.13 Irregular Proposals
Delete this section and replace it with the following: 1. A Proposal will be considered irregular and will be rejected if:
• The Bidder is not prequalified when so required;
• The authorized Proposal form furnished by the Contracting Agency is not used or is altered;
• The completed Proposal form contains any unauthorized additions, deletions, alternate Bids, or conditions;
• The Bidder adds provisions reserving the right to reject or accept the award, or enter into the Contract;
• A price per unit cannot be determined from the Bid Proposal;
• The Proposal form is not properly executed;
• The Bid Proposal does not constitute a definite and unqualified offer to meet the material terms of the Bid invitation; or
• More than one Proposal is submitted for the same project from a Bidder under the same or different names. 2. A Proposal may be considered irregular and may be rejected if:
• The Proposal does not include a unit price for every Bid item;
• Any of the unit prices are excessively unbalanced (either above or below the amount of a reasonable Bid) to the potential detriment of the Contracting Agency;
• Receipt of Addenda is not acknowledged;
• A member of a joint venture or partnership and the joint venture or partnership submit Proposals for the same project (in such an instance, both Bids may be
rejected); or
• If Proposal form entries are not made in ink.
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1-02.15 Pre-Award Information (August 14, 2013 APWA GSP)
Revise this section to read:
Before awarding any contract, the Contracting Agency may require one or more of these items or actions of the apparent lowest responsible bidder:
1. A complete statement of the origin, composition, and manufacture of any or all materials to be used,
2. Samples of these materials for quality and fitness tests,
3. A progress schedule (in a form the Contracting Agency requires) showing the order of and time required for the various phases of the work,
4. A breakdown of costs assigned to any bid item,
5. Attendance at a conference with the Engineer or representatives of the Engineer,
6. Obtain, and furnish a copy of, a business license to do business in the city or county where the work is located.
7. Any other information or action taken that is deemed necessary to ensure that the bidder is the lowest responsible bidder
1-02.16 Addenda and Interpretations of Documents New Section
No oral interpretation of the meaning of the plans, specifications, or other pre-bid documents will be made to any bidder. Every request for such interpretation shall be submitted in writing, addressed to the City’s contact person (listed on the cover page of these contract
documents), and to be given consideration, shall be received at least three (3) working days prior to date fixed for Bid Opening. Any and all such interpretations and supplemental instructions will be in the form of written addenda to the Specifications which, if issued, will
be mailed or otherwise delivered to each prospective bidder. Failure of any bidder to receive any such addendum shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become a part of the Contract documents.
1-03 AWARD AND EXECUTION OF CONTRACT
1-03.1 Consideration of Bids (January 23, 2006 APWA GSP)
Revise the first paragraph to read:
After opening and reading proposals, the Contracting Agency will check them for correctness of extensions of the prices per unit and the total price. If a discrepancy exists between the price per unit and the extended amount of any bid item, the price per unit will control. If a minimum bid amount has been established for any item and the bidder’s unit or
lump sum price is less than the minimum specified amount, the Contracting Agency will
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unilaterally revise the unit or lump sum price, to the minimum specified amount and recalculate the extension. The total of extensions, corrected where necessary, including
sales taxes where applicable and such additives and/or alternates as selected by the Contracting Agency, will be used by the Contracting Agency for award purposes and to fix the Awarded Contract Price amount and the amount of the contract bond.
1-03.3 Execution of Contract Replace Section 1-03.3 with the following: The City will mail three copies of the contract to the successful Bidder immediately after award by the Bremerton City Council. Within 10 calendar days from receipt of the contracts, the successful bidder shall return 3 signed original contracts, insurance certificates as required by Section 1-03.8, and a satisfactory bond as required by law and Section 1-03.4 of these Contract Documents. Before execution of the contract by the City, the successful bidder shall provide any pre-award information the City may require under Section 1-02.15. Until the City executes a contract, no proposal shall bind the City nor shall any work begin
within the project limits or within City-furnished sites. The Contractor shall bear all risks for any work begun outside such areas and for any materials ordered before the contract is executed by the City.
If the bidder’s performance of the requirements of this section is delayed by circumstances beyond the bidder’s control, the City may grant up to 20 calendar days of additional time, provided that the City agrees that circumstances warrant an extension.
1-03.4 Contract Bond
This section is deleted.
1-03.7 Judicial Review
Delete all occurrences of “Thurston County” in this section and replace with “Kitsap County”.
1-04 SCOPE OF THE WORK
1-04.2 Coordination of Contract Documents, Plans, Special Provisions, Specifications, and Addenda
(December 10, 2020 APWA GSP)
Revise the second paragraph to read:
Any inconsistency in the parts of the contract shall be resolved by following this order of precedence (e.g., 1 presiding over 2, 2 over 3, 3 over 4, and so forth): 1. Addenda,
2. Proposal Form, 3. Special Provisions, 4. Contract Plans,
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5. Standard Specifications, 6. Contracting Agency’s Standard Plans or Details (if any), and
7. WSDOT Standard Plans for Road, Bridge, and Municipal Construction.
1-04.6 Variation in Estimated Quantities
Delete this section and replace in its entirety with the following:
The quantities shown for each bid item in the Proposal are to provide a common proposal for bidders. Actual quantities will be determined in the field as the work progresses, and will be paid at the original bid price, regardless of final quantity. 1-05 CONTROL OF WORK
1-05.2 Authority of Assistants and Inspectors (City of Bremerton GSP)
This Section is supplemented with the following: The presence or absence of an Inspector at the Work site will be at the sole discretion of the Contracting Agency and will not in any way relieve the Contractor of its responsibility to properly perform the Work as required by the Contract Provisions. The Inspector does not purport to be a safety expert and is not engaged in that capacity under this Contract. The Inspector may inform the Contractor of conditions that may constitute safety issues or violations. Such information will be provided solely to cooperate
with and assist the Contractor and shall not make the Inspector or the Engineer responsible for the enforcement of safety laws, rules, regulations or procedures. After receiving information relating to safety issues, the Contractor shall make its own examination and
analysis of the situation reported and take such action, if any, that the Contractor determines to be appropriate. The Inspector’s performance of project representation and observation services shall not make the Inspector responsible for the enforcement of safety laws, rules,
regulations or procedures; nor shall it make the Inspector responsible for construction means, methods, techniques, sequences, or procedures, or for the Contractor’s ability to properly perform the Work, all of which are entirely the responsibility of the Contractor.
1-05.7 Removal of Defective and Unauthorized Work
(October 1, 2005 APWA GSP)
Supplement this section with the following:
If the Contractor fails to remedy defective or unauthorized work within the time specified in a written notice from the Engineer, or fails to perform any part of the work required by the Contract Documents, the Engineer may correct and remedy such work as may be identified in the written notice, with Contracting Agency forces or by such other means as the Contracting Agency may deem necessary.
If the Contractor fails to comply with a written order to remedy what the Engineer determines to be an emergency situation, the Engineer may have the defective and unauthorized work
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corrected immediately, have the rejected work removed and replaced, or have work the Contractor refuses to perform completed by using Contracting Agency or other forces. An
emergency situation is any situation when, in the opinion of the Engineer, a delay in its remedy could be potentially unsafe, or might cause serious risk of loss or damage to the public.
Direct or indirect costs incurred by the Contracting Agency attributable to correcting and remedying defective or unauthorized work, or work the Contractor failed or refused to perform, shall be paid by the Contractor. Payment will be deducted by the Engineer from monies due, or to become due, the Contractor. Such direct and indirect costs shall include in particular, but without limitation, compensation for additional professional services required, and costs for repair and replacement of work of others destroyed or damaged by correction, removal, or replacement of the Contractor’s unauthorized work.
No adjustment in contract time or compensation will be allowed because of the delay in the performance of the work attributable to the exercise of the Contracting Agency’s rights provided by this Section.
The rights exercised under the provisions of this section shall not diminish the Contracting
Agency’s right to pursue any other avenue for additional remedy or damages with respect to the Contractor’s failure to perform the work as required.
1-05.11 Final Inspection
Delete this section and replace it with the following:
1-05.11 Final Inspections and Operational Testing (October 1, 2005 APWA GSP)
1-05.11(1) Substantial Completion Date
When the Contractor considers the work to be substantially complete, the Contractor shall so notify the Engineer and request the Engineer establish the Substantial Completion Date. The Contractor’s request shall list the specific items of work that remain to be completed in order to reach physical completion. The Engineer will schedule an inspection of the work with the Contractor to determine the status of completion. The Engineer may also establish the Substantial Completion Date unilaterally.
If, after this inspection, the Engineer concurs with the Contractor that the work is substantially complete and ready for its intended use, the Engineer, by written notice to the Contractor, will set the Substantial Completion Date. If, after this inspection the Engineer does not consider the work substantially complete and ready for its intended use, the
Engineer will, by written notice, so notify the Contractor giving the reasons therefore.
Upon receipt of written notice concurring in or denying substantial completion, whichever is applicable, the Contractor shall pursue vigorously, diligently and without unauthorized
interruption, the work necessary to reach Substantial and Physical Completion. The Contractor shall provide the Engineer with a revised schedule indicating when the Contractor expects to reach substantial and physical completion of the work.
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The above process shall be repeated until the Engineer establishes the Substantial Completion Date and the Contractor considers the work physically complete and ready for
final inspection.
1-05.11(2) Final Inspection and Physical Completion Date
When the Contractor considers the work physically complete and ready for final inspection,
the Contractor by written notice, shall request the Engineer to schedule a final inspection. The Engineer will set a date for final inspection. The Engineer and the Contractor will then make a final inspection and the Engineer will notify the Contractor in writing of all particulars in which the final inspection reveals the work incomplete or unacceptable. The Contractor shall immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective work shall be pursued vigorously, diligently, and without interruption until physical completion of the listed deficiencies. This process will continue until the Engineer is satisfied the listed deficiencies have been corrected.
If action to correct the listed deficiencies is not initiated within 7 days after receipt of the written notice listing the deficiencies, the Engineer may, upon written notice to the Contractor, take whatever steps are necessary to correct those deficiencies pursuant to
Section 1-05.7.
The Contractor will not be allowed an extension of contract time because of a delay in the performance of the work attributable to the exercise of the Engineer’s right hereunder.
Upon correction of all deficiencies, the Engineer will notify the Contractor and the Contracting Agency, in writing, of the date upon which the work was considered physically complete. That date shall constitute the Physical Completion Date of the contract, but shall
not imply acceptance of the work or that all the obligations of the Contractor under the contract have been fulfilled.
1-05.13 Superintendents, Labor, and Equipment of Contractor
(August 14, 2013 APWA GSP)
Delete the sixth and seventh paragraphs of this section.
1-05.15 Method of Serving Notices
(March 25, 2009 APWA GSP)
Revise the second paragraph to read:
All correspondence from the Contractor shall be directed to the Project Engineer. All correspondence from the Contractor constituting any notification, notice of protest, notice of dispute, or other correspondence constituting notification required to be furnished under the
Contract, must be in paper format, hand delivered or sent via mail delivery service to the Project Engineer’s office. Electronic copies such as e-mails or electronically delivered copies of correspondence will not constitute such notice and will not comply with the requirements
of the Contract.
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Add the following new section:
1-05.16 Water and Power New Section
(October 1, 2005 APWA GSP)
The Contractor shall make necessary arrangements, and shall bear the costs for power and water necessary for the performance of the work, unless the contract includes power and
water as a pay item.
Add the following new section:
1-05.17 Oral Agreements New Section
No oral agreement or conversation with any officer, agent, or employee of the Contracting Agency, either before or after execution of the contract, shall affect or modify any of the terms or obligations contained in any of the documents comprising the contract. Such oral agreement or conversation shall be considered as unofficial information and in no way binding upon the Contracting Agency, unless subsequently put in writing and signed by the Contracting Agency.
1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC
1-07.1 Laws to be Observed (October 1, 2005 APWA GSP)
Supplement this section with the following:
In cases of conflict between different safety regulations, the more stringent regulation
shall apply.
The Washington State Department of Labor and Industries shall be the sole and paramount administrative agency responsible for the administration of the provisions of the Washington
Industrial Safety and Health Act of 1973 (WISHA).
The Contractor shall maintain at the project site office, or other well-known place at the project site, all articles necessary for providing first aid to the injured. The Contractor shall establish, publish, and make known to all employees, procedures for ensuring immediate removal to a hospital, or doctor’s care, persons, including employees, who may have been injured on the project site. Employees should not be permitted to work on the project site before the Contractor has established and made known procedures for removal of injured persons to a hospital or a doctor’s care.
The Contractor shall have sole responsibility for the safety, efficiency, and adequacy of the Contractor’s plant, appliances, and methods, and for any damage or injury resulting from their failure, or improper maintenance, use, or operation. The Contractor shall be solely and
completely responsible for the conditions of the project site, including safety for all persons and property in the performance of the work. This requirement shall apply continuously, and not be limited to normal working hours. The required or implied duty of the Engineer to
conduct construction review of the Contractor’s performance does not, and shall not, be intended to include review and adequacy of the Contractor’s safety measures in, on, or near the project site.
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(May 13, 2020 WSDOT GSP, Option 4) COVID-19 Health and Safety Plan
In response to COVID-19, the Contractor shall prepare a project specific COVID-19 health and safety plan (CHSP) in conformance with Section 1-07.4(2) as supplemented in these specifications, COVID-19 Health and Safety Plan (CHSP).
1-07.2 State Taxes
Delete this section, including its sub-sections, in its entirety and replace it with the following:
1-07.2 Sales Tax
(June 27, 2011 APWA GSP)
The Washington State Department of Revenue has issued special rules on the State sales tax. Sections 1-07.2(1) through 1-07.2(3) are meant to clarify those rules. The Contractor should contact the Washington State Department of Revenue for answers to questions in this area. The Contracting Agency will not adjust its payment if the Contractor bases a bid on a misunderstood tax liability.
The Contractor shall include all Contractor-paid taxes in the unit bid prices or other contract amounts. In some cases, however, state retail sales tax will not be included. Section 1-07.2(2) describes this exception.
The Contracting Agency will pay the retained percentage (or release the Contract Bond if a FHWA-funded Project) only if the Contractor has obtained from the Washington State
Department of Revenue a certificate showing that all contract-related taxes have been paid (RCW 60.28.051). The Contracting Agency may deduct from its payments to the Contractor any amount the Contractor may owe the Washington State Department of Revenue,
whether the amount owed relates to this contract or not. Any amount so deducted will be paid into the proper State fund.
1-07.2(1) State Sales Tax — Rule 171
WAC 458-20-171, and its related rules, apply to building, repairing, or improving streets, roads, etc., which are owned by a municipal corporation, or political subdivision of the state, or by the United States, and which are used primarily for foot or vehicular traffic. This includes storm or combined sewer systems within and included as a part of the street or road drainage system and power lines when such are part of the roadway lighting system. For work performed in such cases, the Contractor shall include Washington State Retail Sales Taxes in the various unit bid item prices, or other contract amounts, including those that the Contractor pays on the purchase of the materials, equipment, or supplies used or
consumed in doing the work.
1-07.2(2) State Sales Tax — Rule 170
WAC 458-20-170, and its related rules, apply to the constructing and repairing of new or
existing buildings, or other structures, upon real property. This includes, but is not limited to, the construction of streets, roads, highways, etc., owned by the state of Washington; water mains and their appurtenances; sanitary sewers and sewage disposal systems unless such
sewers and disposal systems are within, and a part of, a street or road drainage system; telephone, telegraph, electrical power distribution lines, or other conduits or lines in or above
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streets or roads, unless such power lines become a part of a street or road lighting system; and installing or attaching of any article of tangible personal property in or to real property,
whether or not such personal property becomes a part of the realty by virtue of installation.
For work performed in such cases, the Contractor shall collect from the Contracting Agency, retail sales tax on the full contract price. The Contracting Agency will automatically add this
sales tax to each payment to the Contractor. For this reason, the Contractor shall not include the retail sales tax in the unit bid item prices, or in any other contract amount subject to Rule 170, with the following exception.
Exception: The Contracting Agency will not add in sales tax for a payment the Contractor or a subcontractor makes on the purchase or rental of tools, machinery, equipment, or consumable supplies not integrated into the project. Such sales taxes shall be included in the unit bid item prices or in any other contract amount.
1-07.2(3) Services
The Contractor shall not collect retail sales tax from the Contracting Agency on any contract wholly for professional or other services (as defined in Washington State Department of Revenue Rules 138 and 244).
1-07.6 Permits and Licenses
(January 2, 2018 WSDOT GSP, Option 1) The Contracting Agency has obtained the below-listed permit(s) for this project. A copy of
the permit(s) is attached as an appendix for informational purposes. Copies of these permits, including a copy of the Transfer of Coverage form, when applicable, are required to be onsite at all times.
Contact with the permitting agencies, concerning the below-listed permit(s), shall be made through the Engineer with the exception of when the Construction Stormwater General Permit coverage is transferred to the Contractor, direct communication with the Department of Ecology is allowed. The Contractor shall be responsible for obtaining Ecology’s approval for any Work requiring additional approvals (e.g. Request for Chemical Treatment Form). The Contractor shall obtain additional permits as necessary. All costs to obtain and comply with additional permits shall be included in the applicable Bid items for the Work involved.
• SEPA Determination of Non Significance
• Army Corps of Engineers NWP 27
• DNR Right of Entry
1-07.13 Contractor’s Responsibility for Work
1-07.13(4) Repair of Damage
Section 1-07.13(4) is revised to read:
(August 6, 2001 WSDOT GSP)
The Contractor shall promptly repair all damage to either temporary or permanent work as directed by the Engineer. For damage qualifying for relief under Sections 1-07.13(1), 1-07.13(2) or 1-07.13(3), payment will be made in accordance with Section 1-04.4. Payment
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will be limited to repair of damaged work only. No payment will be made for delay or disruption of work.
1-07.15 Temporary Water Pollution Prevention
Section 1-07.15 is supplemented with the following:
Protection of the Environment: No construction related activity shall contribute to the degradation of the environment, allow material to enter surface or ground waters, or allow particulate emissions to the atmosphere, which exceed state or federal standards. Any actions that potentially allow a discharge to state waters must have prior approval of the Washington State Department of Ecology.
1-07.18 Insurance
(City of Bremerton GSP)
1-07.18(1) General Requirements A. The Contractor shall obtain the insurance described in this section from insurers approved by the State Insurance Commissioner pursuant to RCW Title 48. The insurance
must be provided by an insurer with a rating of A-: VII or higher in the A.M. Best’s Key Rating Guide, which is licensed to do business in the state of Washington (or issued as a surplus line by a Washington Surplus lines broker). The Contracting Agency reserves the
right to approve or reject the insurance provided, based on the insurer (including financial condition), terms and coverage, the Certificate of Insurance, and/or endorsements.
B. The Contractor shall keep this insurance in force during the term of the contract and for
thirty (30) days after the Final Completion date, unless otherwise indicated (see C. below).
C. If any insurance policy is written on a claim made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Contract. The policy shall state that coverage is claims made and state the retroactive date. Claims-made form coverage shall be maintained by the Contractor for a minimum of 36 months following the Final Completion or earlier termination of this contract, and the Contractor shall annually provide the Contracting Agency with proof of renewal. If renewal of the claims made form of coverage becomes unavailable, or economically prohibitive, the Contractor shall purchase an extended reporting period (“tail”) or execute another form of guarantee acceptable to the Contracting Agency to assure financial responsibility for liability for services performed.
D. The insurance policies shall contain a “cross liability” provision.
E. The Contractor’s and all subcontractors’ insurance coverage shall be primary and non-contributory insurance as respects the Contracting Agency’s insurance, self-insurance, or insurance pool coverage and shall contain a waiver of subrogation against the Contracting
Agency for claims arising out of any operations, liabilities and obligations to which coverage applies.
F. The Contractor shall provide the Contracting Agency and all Additional Insureds with
written notice of any policy cancellation, within two business days of their receipt of such notice.
G. Upon request, the Contractor shall forward to the Contracting Agency a full and certified copy of the insurance policy(s).
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H. The Contractor shall not begin work under the contract until the required insurance has been obtained and approved by the Contracting Agency.
I. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the Contracting Agency may, after giving five business days’ notice to the Contractor to correct the breach, immediately
terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Contracting Agency on demand, or at the sole discretion of the Contracting Agency, offset against funds due the Contractor from the Contracting Agency.
J. All costs for insurance shall be incidental to and included in the unit or lump sum prices of the contract and no additional payment will be made.
1-07.18(2) Additional Insured All insurance policies, with the exception of Professional Liability and Workers Compensation, shall name the following listed entities as additional insured(s):
• the Contracting Agency and its officers, elected officials, employees, agents, and volunteers The above-listed entities shall be additional insured(s) for the full available limits of liability maintained by the Contractor, whether primary, excess, contingent or otherwise, irrespective of whether such limits maintained by the Contractor are greater than those required by this
Contract, and irrespective of whether the Certificate of Insurance provided by the Contractor pursuant to 1-07.18(3) describes limits lower than those maintained by the Contractor.
1-07.18(3) Subcontractors
Contractor shall ensure that each subcontractor of every tier obtains and maintains at a minimum the insurance coverages listed in 1-07.18(5)A and 1-07.18(5)B. Upon request of
the Contracting Agency, the Contractor shall provide evidence of such insurance.
1-07.18(4) Evidence of Insurance The Contractor shall deliver to the Contracting Agency a Certificate(s) of Insurance and endorsements for each policy of insurance meeting the requirements set forth herein when the Contractor delivers the signed Contract for the work. The certificate and endorsements must conform to the following requirements: 1. An ACORD certificate or a form determined by the Contracting Agency to be equivalent.
2. Copies of all endorsements naming Contracting Agency and all other entities listed in 1-07.18(2) as Additional Insured(s), showing the policy number. The Contractor may submit a copy of any blanket additional insured clause from its policies instead of a
separate endorsement. A statement of additional insured status on an ACORD Certificate of Insurance shall not satisfy this requirement.
3. Any other amendatory endorsements to show the coverage required herein.
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1-07.18(5) Coverage and Limits
The insurance shall provide the minimum coverages and limits set forth below. Providing coverage in these stated minimum limits shall not be construed to relieve the Contractor from liability in excess of such limits. All deductibles and self-insured retentions must be disclosed and are subject to approval by the Contracting Agency. The cost of any claim payments falling within the deductible shall be the responsibility of the Contractor.
Commercial General Liability - A policy of Commercial General Liability Insurance, including:
- Per project aggregate
- Premises/Operations Liability
- Products/Completed Operations – for a period of one year following final acceptance of the work.
- Personal/Advertising Injury
- Contractual Liability
- Independent Contractors Liability
- Stop Gap / Employers’ Liability
- Explosion, Collapse, or Underground Property Damage (XCU)
- Blasting (only required when the Contractor’s work under this Contract includes
exposures to which this specified coverage responds)
Such policy must provide the following minimum limits: - $1,000,000 Each Occurrence - $2,000,000 General Aggregate - $1,000,000 Products & Completed Operations Aggregate - $1,000,000 Personal & Advertising Injury, each offence Stop Gap / Employers’ Liability - $1,000,000 Each Accident
- $1,000,000 Disease - Policy Limit - $1,000,000 Disease - Each Employee Automobile Liability Automobile Liability for owned, non-owned, hired, and leased vehicles, with an MCS 90 endorsement and a CA 9948 endorsement attached if “pollutants” are to be transported.
Such policy(ies) must provide the following minimum limit: - $1,000,000 combined single limit Worker’s Compensation The Contractor shall comply with Workers’ Compensation coverage as required by the Industrial Insurance laws of the state of Washington.
DocuSign Envelope ID: BAC6DD69-9992-40F0-9617-698ACAEC42DE
City of Bremerton Project No.: 5847 CW-4 Beach Mitigation 28 May 2022
Contract Documents Division 1, General Requirements
Excess or Umbrella Liability The Contractor shall provide Excess or Umbrella Liability coverage at limits of one (1) million
per occurrence and annual aggregate. This excess or umbrella liability coverage shall apply, at a minimum, to both the Commercial General and Auto insurance policy coverage. This requirement may be satisfied instead through the Contractor’s primary Commercial
General and Automobile Liability coverage, or any combination thereof.
Add the following new sections:
1-07.28 Third Party Beneficiary New Section
All parties agree that the State of Washington shall be, and is hereby named as an express third-party beneficiary of this contract, with full rights as such.
1-08 PROSECUTION AND PROGRESS
Add the following new section:
1-08.0 Preliminary Matters New Section (May 25, 2006 APWA GSP)
Add the following new section:
1-08.0(1) Preconstruction Conference New Section (October 10, 2008 APWA GSP)
Prior to the Contractor beginning the work, a preconstruction conference will be held between the Contractor, the Engineer and such other interested parties as may be invited. The purpose of the preconstruction conference will be:
1. To review the initial progress schedule;
2. To establish a working understanding among the various parties associated or affected by the work;
3. To establish and review procedures for progress payment, notifications, approvals, submittals, etc.;
4. To establish normal working hours for the work;
5. To review safety standards and traffic control; and
6. To discuss such other related items as may be pertinent to the work.
The Contractor shall prepare and submit at the preconstruction conference the following:
1. A breakdown of all lump sum items;
2. A preliminary schedule of working drawing submittals, if applicable; and
3. A list of material sources for approval, if applicable.
DocuSign Envelope ID: BAC6DD69-9992-40F0-9617-698ACAEC42DE
City of Bremerton Project No.: 5847 CW-4 Beach Mitigation 29 May 2022
Contract Documents Division 1, General Requirements
Add the following new section:
1-08.0(2) Hours of Work New Section
(December 8, 2014 APWA GSP)
Except in the case of emergency or unless otherwise approved by the Engineer, the normal working hours for the Contract shall be any consecutive 8-hour period between 7:00 a.m.
and 6:00 p.m. Monday through Friday, exclusive of a lunch break. If the Contractor desires different than the normal working hours stated above, the request must be submitted in writing prior to the preconstruction conference, subject to the provisions below. The working hours for the Contract shall be established at or prior to the preconstruction conference.
All working hours and days are also subject to local permit and ordinance conditions (such as noise ordinances).
If the Contractor wishes to deviate from the established working hours, the Contractor shall submit a written request to the Engineer for consideration. This request shall state what hours are being requested, and why. Requests shall be submitted for review no later than three (3) working days prior to the day(s) the Contractor is requesting to change the hours.
If the Contracting Agency approves such a deviation, such approval may be subject to certain other conditions, which will be detailed in writing. For example:
1. On non-Federal aid projects, requiring the Contractor to reimburse the Contracting Agency for the costs in excess of straight-time costs for Contracting Agency
representatives who worked during such times. (The Engineer may require designated representatives to be present during the work. Representatives who may be deemed necessary by the Engineer include, but are not limited to: survey crews;
personnel from the Contracting Agency’s material testing lab; inspectors; and other Contracting Agency employees or third-party consultants when, in the opinion of the Engineer, such work necessitates their presence.)
2. Considering the work performed on Saturdays, Sundays, and holidays as working days with regard to the contract time.
3. Considering multiple work shifts as multiple working days with respect to contract time even though the multiple shifts occur in a single 24-hour period.
4. If a 4-10 work schedule is requested and approved the non-working day for the week will be charged as a working day.
5. If Davis Bacon wage rates apply to this Contract, all requirements must be met and recorded properly on certified payroll.
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City of Bremerton Project No.: 5847 CW-4 Beach Mitigation 30 May 2022
Contract Documents Division 1, General Requirements
1-08.1 Subcontracting (May 30, 2019 APWA GSP, Option B)
Delete the ninth paragraph, beginning with “On all projects, the Contractor shall certify…”.
1-08.3 Progress Schedule
1-08.3(2) Progress Schedule Types
1-08.3(2)A Type A Progress Schedule
(March 13, 2012 APWA GSP)
Revise this section to read:
The Contractor shall submit *** 2 *** copies of a Type A Progress Schedule no later than at the preconstruction conference, or some other mutually agreed upon submittal time. The schedule may be a critical path method (CPM) schedule, bar chart, or other standard schedule format. Regardless of which format used, the schedule shall identify the critical path. The Engineer will evaluate the Type A Progress Schedule and approve or return the schedule for corrections within 15 calendar days of receiving the submittal.
1-08.4 Prosecution of Work
Delete Section 1-08.4 in its entirety, and replace it with the following:
1-08.4 Notice to Proceed and Prosecution of Work
The Notice to Proceed for construction will be with the start of the in-water work window, July 15, 2021. The Contractor shall commence construction activities on the project site on
the first day following the Notice to Proceed Date, unless otherwise approved in writing. The Contractor shall diligently pursue the work to the physical completion date within the time specified in the contract. Voluntary shutdown or slowing of operations by the Contractor
shall not relieve the Contractor of the responsibility to complete the work within the time(s) specified in the contract.
1-08.5 Time for Completion
Section 1-08.5 is supplemented with the following:
(March 13, 1995 WSDOT GSP, Option 7) This project shall be physically completed within 20 working days.
1-08.9 Liquidated Damages
Delete and replace the second and third paragraphs of Section 1-08.9 with the following:
Liquidated damages shall be $500 per working day.
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City of Bremerton Project No.: 5847 CW-4 Beach Mitigation 31 May 2022
Contract Documents Division 1, General Requirements
1-09 MEASUREMENT AND PAYMENT
1-09.6 Force Account
(October 10, 2008 APWA GSP)
Supplement this section with the following:
The Contracting Agency has estimated and included in the Proposal, dollar amounts for all items to be paid per force account, only to provide a common proposal for Bidders. All such dollar amounts are to become a part of Contractor’s total bid. However, the Contracting Agency does not warrant expressly or by implication, that the actual amount of work will correspond with those estimates. Payment will be made on the basis of the amount of work actually authorized by Engineer.
1-09.9 Payments
(March 13, 2012 APWA GSP)
Delete the first four paragraphs and replace them with the following:
The basis of payment will be the actual quantities of Work performed according to the Contract and as specified for payment.
The Contractor shall submit a breakdown of the cost of lump sum bid items at the Preconstruction Conference, to enable the Project Engineer to determine the Work performed on a monthly basis. A breakdown is not required for lump sum items that include a basis for incremental payments as part of the respective Specification. Absent a lump sum breakdown, the Project Engineer will make a determination based on information available. The Project Engineer’s determination of the cost of work shall be final.
Progress payments for completed work and material on hand will be based upon progress estimates prepared by the Engineer. A progress estimate cutoff date will be established at the preconstruction conference.
The initial progress estimate will be made not later than 30 days after the Contractor commences the work, and successive progress estimates will be made every month thereafter until the Completion Date. Progress estimates made during progress of the work
are tentative, and made only for the purpose of determining progress payments. The progress estimates are subject to change at any time prior to the calculation of the final payment.
The value of the progress estimate will be the sum of the following:
1. Unit Price Items in the Bid Form — the approximate quantity of acceptable units of work completed multiplied by the unit price.
2. Lump Sum Items in the Bid Form — based on the approved Contractor’s lump sum breakdown for that item, or absent such a breakdown, based on the Engineer’s determination.
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City of Bremerton Project No.: 5847 CW-4 Beach Mitigation 32 May 2022
Contract Documents Division 1, General Requirements
3. Materials on Hand — 100 percent of invoiced cost of material delivered to Job site or other storage area approved by the Engineer.
4. Change Orders — entitlement for approved extra cost or completed extra work as determined by the Engineer.
Progress payments will be made in accordance with the progress estimate less:
1. Retainage per Section 1-09.9(1), on non FHWA-funded projects;
2. The amount of progress payments previously made; and
3. Funds withheld by the Contracting Agency for disbursement in accordance with the Contract Documents.
Progress payments for work performed shall not be evidence of acceptable performance or an admission by the Contracting Agency that any work has been satisfactorily completed. The determination of payments under the contract will be final in accordance with Section 1-05.1.
1-09.11 Disputes and Claims
1-09.11(3) Time Limitation and Jurisdiction (November 30, 2018 APWA GSP)
Revise this section to read:
For the convenience of the parties to the Contract it is mutually agreed by the parties that any claims or causes of action which the Contractor has against the Contracting Agency arising
from the Contract shall be brought within 180 calendar days from the date of final acceptance (Section 1-05.12) of the Contract by the Contracting Agency; and it is further agreed that any such claims or causes of action shall be brought only in the Superior Court of the county
where the Contracting Agency headquarters is located, provided that where an action is asserted against a county, RCW 36.01.050 shall control venue and jurisdiction. The parties understand and agree that the Contractor’s failure to bring suit within the time period provided, shall be a complete bar to any such claims or causes of action. It is further mutually agreed by the parties that when any claims or causes of action which the Contractor asserts against the Contracting Agency arising from the Contract are filed with the Contracting Agency or initiated in court, the Contractor shall permit the Contracting Agency to have timely access to any records deemed necessary by the Contracting Agency to assist in evaluating the claims or action.
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City of Bremerton Project No.: 5847 CW-4 Beach Mitigation 33 May 2022
Contract Documents Division 1, General Requirements
1-09.13 Claims Resolution
1-09.13(3) Claims $250,000 or Less
(October 1, 2005 APWA GSP)
Delete this section and replace it with the following:
The Contractor and the Contracting Agency mutually agree that claims, whatever the value, submitted in accordance with Section 1-09.11 and not resolved by nonbinding arbitration ADR processes, shall be resolved by litigation unless the parties mutually agree to resolve the claims through binding arbitration. Each party is responsible for its own attorney fees and litigation costs.
END OF DIVISION 1
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City of Bremerton Project No.: 5847 CW-4 Beach Mitigation 34 May 2022
Contract Documents Division 1, General Requirements
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City of Bremerton Project No.: 5847 CW-4 Beach Mitigation 35 May 2022
Contract Documents Division 2, Earthwork
DIVISION 2
EARTHWORK
2-02 REMOVAL OF STRUCTURES AND OBSTRUCTIONS
2-02.3 Construction Requirements
Section 2-02.3 is supplemented with the following:
Removal of Obstructions Removal shall include but not be limited to all items on the Plans including the following
specific items: 1. Existing manholes; 2. Existing exposed pipes, all sizes; 3. Concrete rubble; 4. Wood pilings; 5. Angular rock.
Existing manholes shall be fully removed and disposed of. Fill shall match the level of the surrounding ground and be beach material.
2-02.4 Vacant
Section 2-02.4, including title, is replaced with the following:
2-02.4 Tug and Barge, Mobilization and Daily Use
Access to the beach will be by tug and barge. The barge will store equipment and materials, acting as a staging area. This includes for the removed items from the beach.
During high tide, the barge will be moored on the beach to remain in position during the ebb and flow of the tide for the duration of the project.
2-02.5 Payment
Section 2-02.5 is supplemented with the following:
“Tug and Barge,” per day. The unit Contract price per day for “Tug and Barge” shall be full compensation for all costs incurred for bringing in the tug and barge, moving, anchoring, and utilizing for a staging area for every working day incurred during the project. “Removal of Manhole,” per each. The unit Contract price per each for “Removal of Manhole” shall be full compensation for all costs associated with excavating, demolishing, fully removing the structure, proper disposal, and backfilling the excavation with beach material.
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City of Bremerton Project No.: 5847 CW-4 Beach Mitigation 36 May 2022
Contract Documents Division 2, Earthwork
“Removal of Pipe,” per lineal foot.
The unit Contract price per lineal foot for “Removal of Pipe” shall be full compensation for all costs associated with fully removing the pipe, no matter the material or diameter, from the beach, proper disposal, and matching the level of the surrounding ground with beach
material. “Removal of Piling,” per each. The unit Contract price per each for “Removal of Piling” shall be full compensation for all costs associated with fully removing the pipe, piling, no matter the length or diameter, from the beach, proper disposal, and matching the level of the surrounding ground with beach material. “Removal of Concrete Rubble and Rocks,” per ton.
The unit Contract price per ton for “Removal of Concrete Rubble and Rocks” shall be full compensation for all costs associated with fully removing the concrete rubble and rocks from the beach, proper disposal, and matching the level of the surrounding ground with beach
material.
END OF DIVISION 2
DocuSign Envelope ID: BAC6DD69-9992-40F0-9617-698ACAEC42DE
City of Bremerton Project No.: 5847 CW-4 Beach Mitigation 37 May 2022
Contract Documents Division 8, Miscellaneous Construction
DIVISION 8
MISCELLANEOUS CONSTRUCTION
8-01 EROSION CONTROL AND WATER POLLUTION CONTROL
8-01.1 Description
Supplement the text in this section with the following:
Contractor shall take necessary measures to prevent siltation in the Port Washington Narrows. When submitting the erosion control plan as outlined in the Standard Specification (Section 8-01), the Contractor shall address the protection of the existing beach and waters.
The Contractor shall prepare and submit a temporary erosion and sedimentation control (TESC) plan using figures and narrative which describes how these items will be addressed.
Preparation and implementation of the TESC plan and best management practices (BMPs) shall be considered incidental to all other work.
END OF DIVISION 8
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City of Bremerton Project No.: 5847 CW-4 Beach Mitigation 38 May 2022
Contract Documents Division 8, Miscellaneous Construction
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APPENDICES
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City of Bremerton Project No.: 5847 CW-4 Beach Mitigation A May 2022
Contract Documents Appendix A
APPENDIX A
Construction Plans
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City of Bremerton Project No.: 5847 CW-4 Beach Mitigation A May 2022
Contract Documents Appendix A
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SHEETVERT.HORIZ.SCALEBYDATENO.CITY OF BREMERTONREVISIONSDESCRIPTIONDEPARTMENT OF PUBLIC WORKS & UTILITIESCAD FILE:ENGINEERING DIVISIONPN:1390% - NOT FOR CONSTRUCTIONDocuSign Envelope ID: BAC6DD69-9992-40F0-9617-698ACAEC42DE
SHEETVERT.HORIZ.SCALEBYDATENO.CITY OF BREMERTONREVISIONSDESCRIPTIONDEPARTMENT OF PUBLIC WORKS & UTILITIESCAD FILE:ENGINEERING DIVISIONPN:2390% - NOT FOR CONSTRUCTIONDocuSign Envelope ID: BAC6DD69-9992-40F0-9617-698ACAEC42DE
SHEETVERT.HORIZ.SCALEBYDATENO.CITY OF BREMERTONREVISIONSDESCRIPTIONDEPARTMENT OF PUBLIC WORKS & UTILITIESCAD FILE:ENGINEERING DIVISIONPN:3390% - NOT FOR CONSTRUCTIONDocuSign Envelope ID: BAC6DD69-9992-40F0-9617-698ACAEC42DE
City of Bremerton Project No.: 5847 CW-4 Beach Mitigation B May 2022
Contract Documents Appendix B
APPENDIX B
Public Works Agreement
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City of Bremerton Project No.: 5847 CW-4 Beach Mitigation B May 2022
Contract Documents Appendix B
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PUBLIC WORKS AGREEMENT – Page 1 of 8
(Between City of Bremerton and Brumfield Construction, Inc.)
PUBLIC WORKS AGREEMENT
THIS AGREEMENT is entered into between the City of Bremerton, a Washington
Municipal Corporation (“City”), and Brumfield Construction, Inc. (“Contractor”), whose mailing address is 2007 Westport Rd., P.O. Box 600, Aberdeen, WA 98520.
The parties agree as follows:
1.CONTRACTOR SERVICES. The Contractor shall perform the followingservices for the City in the Bid Documents titled: CW-4 Beach Mitigation.
2.TIME OF COMPLETION. Contractor shall complete the work within 20
working days of the date of issuance of the Notice to Proceed.
3.COMPENSATION. The City shall pay the Contractor the total amount of$207,698.40 with Washington State Sales Tax, for the work and services contemplated in this agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the
work described in the invoice that has been completed by the Contractor and approved by the City.
The City payment shall not constitute a waiver of the City’s right to final inspection and acceptance of the project.
A.Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor shall
provide the City a performance bond for the full contract amount to be in
effect until thirty (30) days after the date of final acceptance, or until receiptof all necessary releases from the State Department of Revenue and the StateDepartment of Labor and Industries and until settlement of any liens filedunder Chapter 60.28 RCW, whichever is later.
B.Retainage. The City shall hold back a retainage in the amount of fivepercent (5%) of any and all payments made to contractor for a period ofthirty (30) days after the date of final acceptance, or until receipt of allnecessary releases from the State Department of Revenue and the State
Department of Labor & Industries and until settlement of any liens filed
under Chapter 60.28 RCW, whichever is later.
C.Defective or Unauthorized Work. The City reserves its right to withholdpayment from Contractor for any defective or unauthorized work. Defective
or unauthorized work includes, without limitation: work and materials that
do not conform to the requirements of this agreement; and extra work andmaterials furnished without the City’s written approval. If Contractor isunable, for any reason, to satisfactorily complete any portion of the work, theCity may complete the work by contract or otherwise, and Contractor shall
be liable to the City for any additional costs incurred by the City.
“Additional costs” shall mean all reasonable costs, including legal costs andattorney fees, incurred by the City beyond the maximum Contract pricespecified above. The City further reserves its right to deduct the cost tocomplete the Contract work, including any Additional Costs, from any and
all amounts due or to become due the Contractor.
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D.Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT(EXCLUDING WITHHELD RETAINAGE) SHALL PRECLUDE ALLCLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE
AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME
REQUEST FOR FINAL PAYMENT IS MADE.
4.INDEPENDENT CONTRACTOR. Contractor is and shall be at all times actingas an independent contractor and not as an employee of the City. The Contractor shall secure at its
expense, and shall be responsible for all payments of income tax, social security, state disability
insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub-contractors.
5.TERMINATION. The City may terminate this agreement for good cause. “Goodcause” shall include, without limitation, any one or more of the following events:
A.The Contractor’s refusal or failure to supply a sufficient number of properly
skilled workers or proper materials for completion of the Contract work.
B.The Contractor’s failure to complete the work within the time specified inthis agreement.
C.The Contractor’s failure to make full and prompt payment to sub-contractors
or for material or labor.
D.The Contractor’s persistent disregard of federal, state or local laws, rules orregulations.
E.The Contractor’s filing for bankruptcy or becoming adjudged bankrupt.
If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed.
6.PREVAILING WAGES. Contractor shall file a “Statement of Intent to PayPrevailing Wages” with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate
provisions. Contractor will be required to pay Kitsap County Prevailing Wage Rates current on
the bid opening date. The Kitsap County rates are available at the Department of Labor and Industries website.
7.CHANGES. The City may issue a written work change directive for any change in
the Contract work during the performance of this agreement. If the Contractor determines, for any
reason, that a change order is necessary, Contractor must submit a written change order request to the City’s project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that
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the change increases or decreases the Contractor’s costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the
change order work upon receiving a written work change directive or change order from the City.
If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below:
A.Procedure and Protest by the Contractor. If the Contractor disagrees withanything required by a work change directive or change order, including anydirection, instruction, interpretation, or determination by the City, theContractor shall:
1. Immediately give a signed written notice of protest to the City;
2.Supplement the written protest within fourteen (14) calendar dayswith a written statement that provides the following information:
a. The date of the Contract’s protest.b.The nature and circumstances that caused the protest.c.The provisions in this agreement that support the protest.d. The estimated dollar cost, if any, of the protested work and
how that estimate was determined.
e.An analysis of the progress schedule showing the schedulechange or disruption if the Contractor is asserting a schedulechange or disruption.
The Contractor shall keep complete records of extra costs and time
incurred as a result of the protested work. The City shall have access to any of the Contractor’s records needed for evaluating the protest.
3.The City will evaluate all protests, provided the procedures in this
section are followed. If the City determines that a protest is valid, the
City will adjust payment for work or time by an equitable adjustment.No adjustment will be made for an invalid protest.
B.Contractor’s Duty to Complete Protested Work. In spite of any protest, the
Contractor shall proceed promptly with the work as the City has ordered.
C.Contractor’s Acceptance of Changes. The Contractor accepts allrequirements of a change order by: (1) endorsing it, (2) writing a separateacceptance, 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 timeand for direct, indirect and consequential costs, including costs of delaysrelated to any work, either covered or affected by the change.
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D.Failure to Protest Constitutes Waiver. By not protesting as this sectionprovides, the Contractor also waives any additional entitlement and acceptsfrom the City any written order (including directions, instructions,
interpretations, and determination).
E.Failure to Follow Procedures Constitutes Waiver. By failing to follow theprocedures of this section, the Contractor completely waives any claims forprotested 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 ofBremerton, the City of Bremerton shall be entitled to withhold final orprogress payments to the extent deemed necessary by the City of Bremerton
to properly protect the outstanding lien claimants until proper releases have
been filed with the City Clerk.
8.CLAIMS. The Contractor shall give written notice to the City of all claims otherthan change orders within fourteen (14) calendar days of the occurrence of the events giving rise to
the claims. Any claim for damages, additional payment for any reason, or extension of time,
whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date
Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a
Contractor’s written claim must include the information set forth regarding protests in Section 7.A.2.a.-e.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS
ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
Contractor must, in any event, file any claim or bring any suit arising from or connected
with this agreement within 120 calendar days from the date the contract work is complete.
9.WARRANTY. The Contractor shall correct all defects in workmanship andmaterials within one year from the date of the City’s acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year form the
date such correction is completed and accepted by the City. The Contractor shall begin to correct
any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction.
10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, itsofficer, 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
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with the performance of this agreement, except for injuries and damages caused by the City’s sole negligence.
The City’s inspection or acceptance of any of Contractor’s work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and
the City, its officials, employees, agents and volunteers, the Contractor’s liability hereunder shall
be only to the extent of the Contractor’s negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR’S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF
THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this agreement.
11.INSURANCE. The Contractor shall procure and maintain for the duration of thisagreement 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 withlimits no less than $1,000,000 combined single limit per occurrence and
$2,000,000 general aggregate for personal injury, bodily injury and property
damage. Coverage shall include but not be limited to: blanket contractual;products/completed operations/broad form property damage; explosion,collapse and underground (XCU); and
C.Excess Liability insurance with limits not less than $1,000,000 per
occurrence and aggregate; and
D.Workers Compensation insurance as statutorily required by the IndustrialInsurance 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.
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PUBLIC WORKS AGREEMENT – Page 6 of 8
(Between City of Bremerton and Brumfield Construction, Inc.)
The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate
of Insurance.
The Contractor’s insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability.
The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by
certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th Street,
Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement.
The City reserves the right to receive a certified copy of all the required insurance policies.
In the event that the Contractor employs other contractors (sub-contractors) as part of the work covered by this Agreement, it shall be the Contractor’s responsibility to require and confirm that each sub-contractor meets the minimum insurance requirements specified above. The Contractor shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance
and the receipts for payment of premiums thereon.
12.MISCELLANEOUS.
A.Equal Employment Opportunity Statement. In the hiring of employees forthe 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 basisof disability in programs and activities, which it operates pursuant to the requirements of the
Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both
employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided.
C.Compliance with Laws. Contractor shall comply with all federal, state and
local laws, rules and regulations throughout every aspect in the performance of this agreement.
D.Work Performed at Contractor’s Risk. Contractor shall take all precautionsnecessary and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of this agreement. All work shall be done at Contractor’s own risk, and Contractor
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PUBLIC WORKS AGREEMENT – Page 7 of 8
(Between City of Bremerton and Brumfield Construction, Inc.)
shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work.
E.Nonwaiver of Breach. The failure of the City to insist upon strict
performance of any of the terms and rights contained herein, or to exercise any option herein
conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect
F.Governing Law. This agreement shall be governed and construed in
accordance with the laws of the State of Washington. If any dispute arises between the City and
Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington.
G.Attorney’s Fees. To the extent not inconsistent with RCW 39.04.240, in any
claim or lawsuit for damages arising from the parties’ performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney’s fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City’s right to indemnification under Section 10 of this agreement.
H.Written Notice. All communications regarding this agreement shall be sentto 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 withoutthe 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
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PUBLIC WORKS AGREEMENT – Page 8 of 8
(Between City of Bremerton and Brumfield Construction, Inc.)
the Contractor all obligations and responsibilities which the Contractor, under this agreement, assumes towards the Owner.
N.Solicitation of Minority Business. Per RCW 35.22.650, Contractor agrees
that the contractor shall actively solicit the employment of minority group members. Contractor
further agrees that the contractor shall actively solicit bids for the subcontracting of goods or services from qualified minority businesses. Contractor shall furnish evidence of the contractor's compliance with these requirements of minority employment and solicitation. Contractor further agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially
equal proposals in the light most favorable to said minority businesses. The contractor shall be
required to submit evidence of compliance with this section as part of the bid.
IN WITNESS WHEREOF, the parties below have executed this agreement.
BRUMFIELD CONSRUCTION, INC. THE CITY OF BREMERTON
Print Name: Title:
DATE
Notices to be sent to:
BRUMFIELD CONSRUCTION, INC:
Garrett Durward 2007 Westport Rd., P.O. Box 600 Aberdeen, WA 98520
(360) 789-9513
Print Name: Greg Wheeler Title: Mayor
DATE
Notices to be sent to:
CITY OF BREMERTON:
Angela Hoover 345 6th Street, Suite 100 Bremerton, WA 98337
(360) 473-2323
APPROVED AS TO FORM:
Kylie J. Finnell Bremerton City Attorney
ATTEST:
Angela Hoover, City Clerk
R:\Legal\Legal\Forms\FORMS ON COBWEB\Public Works Agreement (short form) Rev. 05 2022.doc
Garrett Durward
Director
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8/3/2022 8/3/2022
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City of Bremerton Project No.: 5847 CW-4 Beach Mitigation C May 2022
Contract Documents Appendix C
APPENDIX C
Permits
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City of Bremerton Project No.: 5847 CW-4 Beach Mitigation C May 2022
Contract Documents Appendix C
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PERMITTEE AUTHORIZED AGENT OR CONTRACTOR
City of Bremerton Parametrix
ATTENTION: Gunnar Fridriksson ATTENTION: Adam Merrill
3027 Olympus Drive 60 Washington Ave
Bremerton, WA 98310 Bremerton, WA 98337-5652
Project Name:DNR Beach Sewer Mitigation
Project Description:The project consists of mitigation work associated with the Sewage Pump Station CW-4
Upgrade Project. The mitigation work includes removal of exposed sections of manholes,
asbestos-lined pipe, concrete rubble, angular rock, and derelict creosote wood piles on the
beach within the tideland area extending from approximately 150 feet west of Ohio Avenue to
the Warren Avenue Bridge.
This project is not mitigation for another hydraulic project. Rather, this project is mitigation
required by the Department of Natural Resources for existing sewer infrastructure that will be
abandoned on state-owned aquatic lands.
PROVISIONS
AUTHORIZED WORK TIMES
1. TIMING LIMITATION: To protect fish and shellfish habitats at the job site, work below the ordinary high water line
must occur from August 1st through August 31st of any calendar year for the life of this permit. Due to the lengthy
spawning period for surf smelt in this portion of Puget Sound work will also be allowed from August 31st through
February 15th of any year if a biologist approved by the Department of Fish and Wildlife does not detect surf smelt
eggs during a beach survey. Work must begin within seventy-two hours of survey and you must complete the work
within two weeks of the survey. The biologist must follow the department-approved intertidal forage fish spawning
protocol and use the standard department data sheets when conducting forage fish spawning beach surveys. Further
information is available on the department's web site http://wdfw.wa.gov/licensing/hpa/technical_assistance.html . The
biologist must submit the completed, data sheets to the department within seventy-two hours of completing the survey
to WDFW by e-mail at HPAapplications@dfw.wa.gov; mail to Post Office Box 43234, Olympia, Washington 98504-
3234; or fax to (360) 902-2946. In addition, the biologist must preserve the winnowed portion of the sediment samples
and retain them for a minimum of four weeks. The sediment samples must be provided to WDFW staff upon request.
2. APPROVED PLANS: Work must be accomplished per plans and specifications submitted with the application and
approved by the Washington Department of Fish and Wildlife, entitled "DNR BEACH
SEWER MITIGATION," dated October 30, 2020, except as modified by this Hydraulic Project Approval. You must have
a copy of these plans available on site during all phases of the project construction.
NOTIFICATION
3. PRE- AND POST-CONSTRUCTION NOTIFICATION: You, your agent, or contractor must contact the Washington
Department of Fish and Wildlife by e-mail at HPAapplications@dfw.wa.gov; mail to Post Office Box 43234, Olympia,
Washington 98504-3234; or fax to (360) 902-2946 at least three business days before starting work, and again within
seven days after completing the work. The notification must include the permittee's name, project location, starting date
Page 1 of 6
HYDRAULIC PROJECT APPROVAL
Washington Department of
Fish & Wildlife
PO Box 43234
Olympia, WA 98504-3234
(360) 902-2200
Permit Number: 2021-6-229+01
FPA/Public Notice Number: N/A
Application ID: 24774
Project End Date: February 15, 2025
Issued Date: May 28, 2021
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for work or date the work was completed, and the permit number. The Washington Department of Fish and Wildlife
may conduct inspections during and after construction; however, the Washington Department of Fish and Wildlife will
notify you or your agent before conducting the inspection.
4. PHOTOGRAPHS: You, your agent, or contractor must take photographs of the job site before the work begins and
after the work is completed. You must upload the photographs to the post-permit requirement page in the Aquatic
Protection Permitting System (APPS) or mail them to Washington Department of Fish and Wildlife at Post Office Box
43234, Olympia, Washington 98504-3234 within 30-days after the work is completed.
5. FISH KILL/ WATER QUALITY PROBLEM NOTIFICATION: If a fish kill occurs or fish are observed in distress at the
job site, immediately stop all activities causing harm. Immediately notify the Washington Department of Fish and
Wildlife of the problem. If the likely cause of the fish kill or fish distress is related to water quality, also notify the
Washington Military Department Emergency Management Division at 1-800-258-5990. Activities related to the fish kill
or fish distress must not resume until the Washington Department of Fish and Wildlife gives approval. The Washington
Department of Fish and Wildlife may require additional measures to mitigate impacts.
STAGING, JOB SITE ACCESS AND EQUIPMENT
6. Establish the staging area (used for activities such as equipment storage, vehicle storage, fueling, servicing, and
hazardous material storage) in a location and manner that will prevent contaminants like petroleum products, hydraulic
fluid, fresh concrete, sediments, sediment-laden water, chemicals, or any other toxic or harmful materials from entering
waters of the state.
7. Check equipment daily for leaks and complete any required repairs before using the equipment in or near the water.
8. Operate vessels with minimal propulsion power to avoid prop scour damage to the bed and marine vegetation
habitats.
9. Maintain anchor cable tension, set and retrieve anchors vertically, and prevent mooring cables from dragging to
avoid impacts to the bed and marine vegetation.
CONSTRUCTION-RELATED SEDIMENT, EROSION AND POLLUTION CONTAINMENT
10. Prevent contaminants from the project, such as petroleum products, hydraulic fluid, fresh concrete, sediments,
sediment-laden water, chemicals, or any other toxic or harmful materials, from entering or leaching into waters of the
state.
11. When operating equipment on beach sediment that is soft, use equipment that reduces ground pressure. Mats
may also be placed to help reduce ground pressure.
CONSTRUCTION MATERIALS
12. Do not use native bed material, other than material excavated for removal of debris, for backfill.
13. Imported material to backfill depressions and trenches created during debris removal must be appropriately sized to
provide forage fish spawning substrate following the provisions below:
a. For surf smelt spawning beaches, material placed must be in compliance with the following specifications:
Sieve Size Percent passing by weight
5/8-inch 100
3/8-inch 90-100
1/16-inch 40-50
1/100-inch (.25mm) 0-5
b. Do not exceed a depth of 4 inches when placing material, unless more is needed to backfill a potential fish trap
such as a trench or pit.
c. Use clean, round gravel, not crushed or angular rock.
d. The mix must not contain fine silt or clay type soils.
PILE REMOVAL
Page 2 of 6
HYDRAULIC PROJECT APPROVAL
Washington Department of
Fish & Wildlife
PO Box 43234
Olympia, WA 98504-3234
(360) 902-2200
Permit Number: 2021-6-229+01
FPA/Public Notice Number: N/A
Application ID: 24774
Project End Date: February 15, 2025
Issued Date: May 28, 2021
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LOCATION #1:, Bremerton, WA 98337
WORK START:May 28, 2021 WORK END:February 15, 2025
WRIA Waterbody:Tributary to:
15 - Kitsap Wria 15 Marine Puget Sound
1/4 SEC:Section:Township:Range:Latitude:Longitude:County:
NE 1/4 14 24 N 01 E 47.57805 -122.63277 Kitsap
Location #1 Driving Directions
14. Remove the 20 existing piling and dispose of them in an upland area above extreme high tide waters unless the
material is approved by the Washington Department of Fish and Wildlife for reuse in the project.
15. Piling removal:
a. Vibratory or direct pull extraction is the preferred method of pile removal.
b. Place the piling on a construction barge or other dry storage site after the piling is removed. The piling must not be
shaken, hosed off, left hanging to dry or any other action intended to clean or remove adhering material from the piling
near waters of the state.
c. If a treated wood piling breaks during extraction, remove the stump from the water column by fully extracting. If the
stump cannot be fully extracted, remove the remainder of the stump with a clamshell bucket, chain, or similar means,
or cut it off three feet below the mudline. Cap all buried cut stumps and fill holes left by piling extraction with clean
sediment that matches the native material.
d. When removing creosote piling, containment booms and absorbent booms (or other oil absorbent fabric) must be
placed around the perimeter of the work area to capture wood debris, oil, and other materials released into marine
waters as a result of construction activities to remove creosote pilings. All debris on the bed and accumulated in
containments structures must be collected and disposed upland at an approved disposal site.
HABITAT FEATURES
16. Project activities must not adversely impact seagrass and kelp (e.g., barge must not ground, anchor or spud down,
equipment must not operate, and other project activities must not occur in seagrass and kelp).
17. Limit the removal of native bankline vegetation to the minimum amount needed to construct the project. This HPA
does not authorize removal of mature trees.
18. Project activities must not adversely impact intertidal wetland vascular plants (e.g., barge must not ground, anchor
or spud down, equipment must not operate, and other project activities must not occur in intertidal wetland vascular
plants).
19. Retain all natural habitat features on the beach larger than twelve inches in diameter including trees, stumps, logs,
and large rocks. These natural habitat features may be moved during construction but they must be placed near the
preproject location before leaving the job site.
DEMOBILIZATION/CLEANUP
20. Reshape beach area depressions created during project activities to preproject beach level upon project
completion.
21. Remove all debris or deleterious material resulting from construction from the beach area or bed and prevent from
entering waters of the state.
Page 3 of 6
HYDRAULIC PROJECT APPROVAL
Washington Department of
Fish & Wildlife
PO Box 43234
Olympia, WA 98504-3234
(360) 902-2200
Permit Number: 2021-6-229+01
FPA/Public Notice Number: N/A
Application ID: 24774
Project End Date: February 15, 2025
Issued Date: May 28, 2021
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APPLY TO ALL HYDRAULIC PROJECT APPROVALS
This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code,
specifically Chapter 77.55 RCW. Additional authorization from other public agencies may be necessary for this project.
The person(s) to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any
additional authorization from other public agencies (local, state and/or federal) that may be necessary for this project.
This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person
(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work.
This Hydraulic Project Approval does not authorize trespass.
The person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be held liable
for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic
Project Approval.
Failure to comply with the provisions of this Hydraulic Project Approval could result in civil action against you, including,
but not limited to, a stop work order or notice to comply, and/or a gross misdemeanor criminal charge, possibly
punishable by fine and/or imprisonment.
All Hydraulic Project Approvals issued under RCW 77.55.021 are subject to additional restrictions, conditions, or
revocation if the Department of Fish and Wildlife determines that changed conditions require such action. The person(s)
to whom this Hydraulic Project Approval is issued has the right to appeal those decisions. Procedures for filing appeals
are listed below.
From WA-3 northbound, take exit 36 for WA-304 E towards Bremerton. Continue onto WA-304 E/Charleston Boulevard.
Turn right onto Burwell Street, then left onto Naval Avenue. Next, turn right onto 11th St, then left onto Ohio Avenue. The
beachfront at the end of Ohio Avenue is within the project area. From there, the project area extends from approximately
150 feet west of Ohio Avenue to the Warren Avenue Bridge.
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HYDRAULIC PROJECT APPROVAL
Washington Department of
Fish & Wildlife
PO Box 43234
Olympia, WA 98504-3234
(360) 902-2200
Permit Number: 2021-6-229+01
FPA/Public Notice Number: N/A
Application ID: 24774
Project End Date: February 15, 2025
Issued Date: May 28, 2021
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MINOR MODIFICATIONS TO THIS HPA: You may request approval of minor modifications to the required work timing
or to the plans and specifications approved in this HPA unless this is a General HPA. If this is a General HPA you must
use the Major Modification process described below. Any approved minor modification will require issuance of a letter
documenting the approval. A minor modification to the required work timing means any change to the work start or end
dates of the current work season to enable project or work phase completion. Minor modifications will be approved only
if spawning or incubating fish are not present within the vicinity of the project. You may request subsequent minor
modifications to the required work timing. A minor modification of the plans and specifications means any changes in the
materials, characteristics or construction of your project that does not alter the project's impact to fish life or habitat and
does not require a change in the provisions of the HPA to mitigate the impacts of the modification. If you originally
applied for your HPA through the online Aquatic Protection Permitting System (APPS), you may request a minor
modification through APPS. A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you did not use APPS you must
submit a written request that clearly indicates you are seeking a minor modification to an existing HPA. Written requests
must include the name of the applicant, the name of the authorized agent if one is acting for the applicant, the APP ID
number of the HPA, the date issued, the permitting biologist, the requested changes to the HPA, the reason for the
requested change, the date of the request, and the requestor's signature. Send by mail to: Washington Department of
Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234, or by email to HPAapplications@dfw.wa.gov. You
should allow up to 45 days for the department to process your request.
MAJOR MODIFICATIONS TO THIS HPA: You may request approval of major modifications to any aspect of your HPA.
Any approved change other than a minor modification to your HPA will require issuance of a new HPA. If you originally
applied for your HPA through the online Aquatic Protection Permitting System (APPS), you may request a major
modification through APPS. A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you did not use APPS you must
submit a written request that clearly indicates you are requesting a major modification to an existing HPA. Written
requests must include the name of the applicant, the name of the authorized agent if one is acting for the applicant, the
APP ID number of the HPA, the date issued, the permitting biologist, the requested changes to the HPA, the reason for
the requested change, the date of the request, and the requestor's signature. Send your written request by mail to:
Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234. You may email your
request for a major modification to HPAapplications@dfw.wa.gov. You should allow up to 45 days for the department to
process your request.
APPEALS INFORMATION
If you wish to appeal the issuance, denial, conditioning, or modification of a Hydraulic Project Approval (HPA),
Washington Department of Fish and Wildlife (WDFW) recommends that you first contact the department employee who
issued or denied the HPA to discuss your concerns. Such a discussion may resolve your concerns without the need for
further appeal action. If you proceed with an appeal, you may request an informal or formal appeal. WDFW encourages
you to take advantage of the informal appeal process before initiating a formal appeal. The informal appeal process
includes a review by department management of the HPA or denial and often resolves issues faster and with less legal
complexity than the formal appeal process. If the informal appeal process does not resolve your concerns, you may
advance your appeal to the formal process. You may contact the HPA Appeals Coordinator at (360) 902-2534 for more
information.
A. INFORMAL APPEALS: WAC 220-660-460 is the rule describing how to request an informal appeal of WDFW actions
taken under Chapter 77.55 RCW. Please refer to that rule for complete informal appeal procedures. The following
information summarizes that rule.
Page 5 of 6
HYDRAULIC PROJECT APPROVAL
Washington Department of
Fish & Wildlife
PO Box 43234
Olympia, WA 98504-3234
(360) 902-2200
Permit Number: 2021-6-229+01
FPA/Public Notice Number: N/A
Application ID: 24774
Project End Date: February 15, 2025
Issued Date: May 28, 2021
DocuSign Envelope ID: BAC6DD69-9992-40F0-9617-698ACAEC42DE
A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request an informal
appeal of that action. You must send your request to WDFW by mail to the HPA Appeals Coordinator, Department of
Fish and Wildlife, Habitat Program, PO Box 43234, Olympia, Washington 98504-3234; e-mail to
HPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand-delivery to the Natural Resources Building, 1111
Washington St SE, Habitat Program, Fifth floor. WDFW must receive your request within 30 days from the date you
receive notice of the decision. If you agree, and you applied for the HPA, resolution of the appeal may be facilitated
through an informal conference with the WDFW employee responsible for the decision and a supervisor. If a resolution
is not reached through the informal conference, or you are not the person who applied for the HPA, the HPA Appeals
Coordinator or designee may conduct an informal hearing or review and recommend a decision to the Director or
designee. If you are not satisfied with the results of the informal appeal, you may file a request for a formal appeal.
B. FORMAL APPEALS: WAC 220-660-470 is the rule describing how to request a formal appeal of WDFW actions
taken under Chapter 77.55 RCW. Please refer to that rule for complete formal appeal procedures. The following
information summarizes that rule.
A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request a formal appeal
of that action. You must send your request for a formal appeal to the clerk of the Pollution Control Hearings Boards and
serve a copy on WDFW within 30 days from the date you receive notice of the decision. You may serve WDFW by mail
to the HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, PO Box 43234, Olympia,
Washington 98504-3234; e-mail to HPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand-delivery to the Natural
Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. The time period for requesting a formal
appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, you may
request a formal appeal within 30 days from the date you receive the Director's or designee's written decision in
response to the informal appeal.
C. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS: If there is no timely request for an appeal, the
WDFW action shall be final and unappealable.
Habitat Biologist Brittany.Gordon@dfw.wa.gov for Director
WDFWBrittany Gordon 360-620-3601
Page 6 of 6
HYDRAULIC PROJECT APPROVAL
Washington Department of
Fish & Wildlife
PO Box 43234
Olympia, WA 98504-3234
(360) 902-2200
Permit Number: 2021-6-229+01
FPA/Public Notice Number: N/A
Application ID: 24774
Project End Date: February 15, 2025
Issued Date: May 28, 2021
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STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
Northwest Regional Office 3190 160th Avenue SE Bellevue, Washington 98008-5452 (425) 649-7000 711 for Washington Relay Service Persons with a speech disability can call (877) 833-6341
March 12, 2021
City of Bremerton Public Works Attn: Gunnar Fridriksson
345 6th Street, Suite 100
Bremerton, WA 98337
Re: City of Bremerton Permit BP21 00008 - Approved
City of Bremerton Public Works - Applicant
Shoreline Substantial Development Permit (SDP) #2021-NW-5522
Dear Gunnar Fridriksson:
On March 12, 2021, the Department of Ecology received notice that the City of Bremerton approved your application for an SDP. Your permit is for beach mitigation work including
removal of exposed manholes, sewer pipe, concrete rubble, and creosote wood piles on the
beach, within shoreline jurisdiction of Port Washington Narrows.
By law, local governments must review all SDPs for compliance with:
• The Shoreline Management Act (Chapter 90.58 RCW)
• Ecology's Substantial Development Permit approval criteria (Chapter 173-27-150 WAC)
• The City of Bremerton Local Shoreline Master Program. Local governments, after reviewing SDPs for compliance, are required to submit them to Ecology. Your approved SDP has been received by Ecology. What Happens Next? Before you begin activities authorized by this permit, the law requires you wait at least 21 days from March 12, 2021, the “date of filing.” This waiting period allows anyone (including you) who disagrees with any aspect of this permit to appeal the decision to the state Shorelines
Hearings Board. You must wait for the conclusion of an appeal before you can begin the
activities authorized by this permit.
We recommend contacting the Shorelines Hearings Board at (360) 664-9160 before beginning
permit activities to ensure that no appeal has been filed. Information on appeals is also posted at http://www.eluho.wa.gov/Decision/Search_Cases. Select "Shorelines Hearings Board" from the drop down menu labeled "Board" and enter "Search." The most current appeal will appear on top.
,
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City of Bremerton Public Works
March 12, 2021 Page 2 of 2
If you want to appeal this decision, you can find appeal instructions (Chapter 461-08 WAC) at
the Shorelines Hearings Board website above. They are also posted on the website of the
Washington State Legislature at: http://apps.leg.wa.gov/wac.
Other federal, state, and local permits may be required in addition to this shoreline permit.
If you have any questions about this letter, please contact Maria Sandercock at (425) 649-7106. Sincerely,
Donna Joblonski, Administrative Assistant Shorelands and Environmental Assistance Program
cc: Kelli Lambert, City of Bremerton
Maria Sandercock, Ecology
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DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, SEATTLE DISTRICT P.O. BOX 3755 SEATTLE, WASHINGTON 98124-3755
Regulatory Branch July 23, 2021
Mr. Gunnar Fridriksson
City of Bremerton 3027 Olympus Drive Bremerton, Washington 98310 Reference: NWS-2020-1062
Bremerton, City of (DNR Sewer Mitigation) Dear Mr. Fridriksson:
We have reviewed your application to remove derelict structures, concrete rubble, and angular rock in the Port Washington Narrows at Bremerton, Kitsap County, Washington. Based on the information you provided to us, Nationwide Permit (NWP) 27, Aquatic Habitat Restoration, Enhancement, and Establishment Activities (Federal Register January 6, 2017, Vol. 82, No. 4) authorizes your proposal as depicted on the enclosed drawings dated .
In order for this authorization to be valid, you must ensure the work is performed in accordance with the enclosed NWP 27, Terms and Conditions and the following special conditions:
a. Incidents where any individuals of fish species, marine mammals and/or sea turtles listed by National Oceanic and Atmospheric Administration Fisheries (NOAA Fisheries) under the Endangered Species Act appear to be injured or killed as a result of discharges of dredged or fill material into waters of the U.S. or structures or work in navigable waters
of the U.S. authorized by this Nationwide Permit verification shall be reported to NOAA
Fisheries, Office of Protected Resources at (301) 713-1401 and the Regulatory Office of the Seattle District of the U.S. Army Corps of Engineers at (206) 764-3495. The finder should leave the animal alone, make note of any circumstances likely causing the death or injury, note the location and number of individuals involved and, if possible, take
photographs. Adult animals should not be disturbed unless circumstances arise where
they are obviously injured or killed by discharge exposure or some unnatural cause. The finder may be asked to carry out instructions provided by NOAA Fisheries to collect specimens or take other measures to ensure that evidence intrinsic to the specimen is preserved.
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b. In order to meet the requirements of the Endangered Species Act (ESA) and Magnuson-
Stevens Fishery Conservation and Management Act (MSA) programmatic consultation
Fish Passage and Restoration Actions in Washington State (FPRP III) (National Marine Fisheries Service (NMFS) Reference Number WCRO-2014-00004), you must implement and abide by the ESA requirements and/or agreements set forth in the Biological Opinion (BO) dated June 21, 2017, and the Project Information Form dated July 9, 2021, in the
enclosed document Appendix A: FPRP III Guidelines and Implementation Forms (NMFS
Reference Number WCRO-) The BO is available on the U.S. Army Corps of Engineers (Corps) website (Permit Guidebook, Endangered Species, Programmatic Consultations, Fish Passage and Restoration Programmatic Consultations). Within 45 days of completing the permitted work in waters of the U.S., you must provide the Corps the
information requested in the FPRP Action Completion Reporting Form in the enclosed document Appendix A: FPRP III Guidelines and Implementation Forms. If fish salvage occurs as part of your project, you must also provide the Corps the information requested in the FPRP Fish Salvage Reporting Form in the enclosed document Appendix A: FPRP III Guidelines and Implementation Forms, within 45 days of completing the permitted
work in waters of the U.S. All information must prominently display the reference number NWS-2020-1062. Failure to comply with these requirements constitutes non-compliance with the ESA and your Corps permit. The NMFS is the appropriate authority to determine compliance with the terms and conditions of their BO and with the ESA. If you cannot comply with the terms and conditions of this programmatic consultation, you
must, prior to commencing construction, contact the Corps, Seattle District, Regulatory Branch for an individual consultation in accordance with the requirements of the ESA and/or the MSA.
c. In order to meet the requirements of the Endangered Species Act you may conduct the authorized activities from July 16 through February 15 in any year this permit is valid. You shall not conduct work authorized by this permit from February 16 through July 15 in any year this permit is valid.
We have reviewed your project pursuant to the requirements of the Endangered Species Act, the Magnuson-Stevens Fishery Conservation and Management Act and the National Historic Preservation Act. We have determined this project complies with the requirements of these laws provided you comply with all of the permit general and special conditions.
Please be reminded that Special Condition “b” of your permit requires that you implement and abide by the Endangered Species Act (ESA) requirements set forth in the programmatic Biological Opinion (BO) for this project. In particular, within 45 days of project completion,
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you must provide the Action Completion Reporting Form and Fish Salvage Reporting Form, as described in the BO.
Please note that National General Condition 21, Discovery of Previously Unknown Remains
and Artifacts, found in the Nationwide Permit Terms and Conditions enclosure, details procedures that must be followed should an inadvertent discovery occur. You must ensure that you comply with this condition during the construction of your project.
The authorized work complies with the Washington State Department of Ecology’s (Ecology) Water Quality Certification (WQC) requirements and Coastal Zone Management (CZM) consistency determination response for this NWP. No further coordination with Ecology for WQC and CZM is required.
The Port Washington Narrows is a water of the U.S. The Section 10 jurisdictional boundaries are shown on the enclosed permit drawings. If you believe these boundaries are inaccurate, you may request a preliminary or approved jurisdictional determination (JD). If one is requested, please be aware that we may require the submittal of additional information to complete the JD and work authorized in this letter may not occur until the JD has been
completed. Our verification of this 2017 NWP authorization is valid until March 18, 2022, unless the NWP is modified, reissued, or revoked prior to that date. If the authorized work for the 2017
NWP authorization has not been completed by that date and you have commenced or are under
contract to commence this activity before March 18, 2022, you will have until March 18, 2023, to complete the activity under the enclosed terms and conditions of this NWP. Failure to comply with all terms and conditions of this NWP verification invalidates this authorization and could result in a violation of Section 404 of the Clean Water Act and/or Section 10 of the Rivers and
Harbors Act. You must also obtain all local, State, and other Federal permits that apply to this
project. Upon completing the authorized work, you must fill out and return the enclosed Certificate of Compliance with Department of the Army Permit. All compliance reports should be submitted
to the U.S. Army Corps of Engineers, Seattle District, Regulatory Branch electronically at
nws.compliance@usace.army.mil. Thank you for your cooperation during the permitting process. We are interested in your experience with our Regulatory Program and encourage you to complete a customer service survey. Referenced documents and information about our program are available on our website at www.nws.usace.army.mil, select “Regulatory Permit
Information”. A copy of this letter with enclosures will be furnished to Mr. Adam Merrill,
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Parametrix, at amerrill@parametrix.com. If you have any questions, please contact me at jerald.j.greogry@usace.army.mil or (206) 764-6665.
Sincerely,
Jerald J. Gregory, Project Manager Regulatory Branch
Enclosures cc:
Washington Department of Ecology (ecyrefedpermits@ecy.wa.gov)
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