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06/08/2021 - Regular - Packet, RevisedCity of Port Orchard Council Meeting Agenda June 8, 2021 6:30 p.m. The City is prohibited from conducting meetings unless the meeting is NOT conducted in-person and instead provides options for the public to attend through telephone, internet or other means of remote access, and also provides the ability for persons attending the meeting (not in-person) to hear each other at the same time. Therefore; Remote access only Link: https://us02web.zoom.us/j/84639321741 Zoom Meeting ID: 846 3932 1741 Zoom Call-In: 1 253 215 8782 1.CALL TO ORDER A.Pledge of Allegiance 2.APPROVAL OF AGENDA 3.CITIZENS COMMENTS (Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a Public Hearing. When recognized by the Mayor, please state your name for the official record) 4.CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed below, which have been distributed to each Councilmember for reading and study. Consent Agenda items are not considered separately unless a Councilmember so requests. In the event of such a request, the item is returned to Business Items.) A.Approval of Vouchers and Electronic Payments B.Approval of Payroll and Direct Deposits C.Adoption of a Resolution Declaring Certain Equipment as Surplus and Authorizing its Disposition (Rinearson) Page 3 D.Approval of the May 25, 2021, City Council Meeting Minutes (Rinearson) Page 5 E.Excusal of Councilmember Ashby Due to Personal Obligations 5.PRESENTATION A.Legislative Update and Highlights on the American Rescue Plan (Representative Kilmer) B.Water and Sewer Redevelopment Exceptions (Crocker) 6.PUBLIC HEARING 7.BUSINESS ITEMS A.Adoption of an Ordinance Authorizing the Position of Intern (Lund) Page 10 B.Adoption of a Resolution Approving a Data Sharing Agreement with the Office of the State Auditor (Crocker) Page 15 Mayor: Rob Putaansuu Administrative Official Councilmembers: Bek Ashby (Mayor Pro-Tempore) Finance Committee Economic Development & Tourism Committee Transportation Committee, Chair KRCC/KRCC PlanPol-alt /KRCC TransPol PSRC-alt/PSRC TransPOL-Alt/PRTPO Shawn Cucciardi Finance Committee E/D & Tourism Committee, Chair Kitsap Economic Development Alliance Fred Chang Economic Development & Tourism Committee Land Use Committee Jay Rosapepe Utilities/Sewer Advisory Committee Land Use Committee, Chair Transportation Committee Lodging Tax Advisory Committee, Chair KRCC-alt John Clauson Finance Committee, Chair Utilities/Sewer Advisory Committee Kitsap Public Health District-alt Cindy Lucarelli Festival of Chimes & Lights Committee, Chair Utilities/Sewer Advisory Committee, Chair Kitsap Economic Development Alliance Scott Diener Land Use Committee Transportation Committee Department Directors: Nicholas Bond, AICP Development Director Mark Dorsey, P.E. Director of Public Works/City Engineer Tim Drury Municipal Court Judge Noah Crocker, M.B.A. Finance Director Matt Brown Police Chief Brandy Rinearson, MMC, CPRO City Clerk Meeting Location: Council Chambers, 3rd Floor 216 Prospect Street Port Orchard, WA 98366 Contact us: (360) 876-4407 cityhall@cityofportorchard.us Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City’s website at: www.cityofportorchard.us or by contacting the City Clerk’s office at (360) 876-4407. The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk’s office should you need special accommodations. June 8, 2021, Meeting Agenda Page 2 of 2 C.Adoption of a Resolution Approving a Contract with Aqua Tech LLC for the Cedar Heights Lift Station Valving and Piping Replacement Project (Dorsey) Page 24 D.Adoption of a Resolution Approving a Contract with Olson Brothers Pro-Vac, LLC for the 2021 Stormwater Catch Basin and Pipe Maintenance Project (Dorsey) Page 77 E.Approval of Amendment No. 1 to Contract No. 029-21 with- Skillings, Inc. for the Bethel & Lincoln Intersection Roundabout Project (Dorsey) Page 123 F.Approval of a Carnival Application with Paradise Amusements (Rinearson) Page 146 G.Approval of the May 18, 2021, City Council Work Study Session Meeting Minutes (Rinearson) Page 155 8.DISCUSSION ITEMS (No Action to be Taken) A.City Hall Reskin Update (Putaansuu) Page 158 9.REPORTS OF COUNCIL COMMITTEES 10.REPORT OF MAYOR 11.REPORT OF DEPARTMENT HEADS 12.CITIZEN COMMENTS (Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state your name for the official record) 13.EXECUTIVE SESSION: Pursuant to RCW 42.30.110(1)(i) the City Council will hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 14.CITY COUNCIL GOOD OF THE ORDER 15.ADJOURNMENT COMMITTEE MEETINGS Location Economic Development and Tourism Remote Access Utilities Remote Access Land Use Remote Access Festival of Chimes & Lights Remote Access Finance Remote Access Transportation Remote Access Sewer Advisory Remote Access Lodging Tax Remote Access Outside Agency Committees Date & Time June 14, 2021; 9:30am – 2nd Monday of each month June 8, 2021; 5:00pm June 17, 2021; 4:30pm – 3rd Thursday of each month June 14, 2021; 3:30pm – 3rd Monday of each month TBD, 2021; 5:00pm June 22, 2021; 5:00pm; 4th Tuesday of each month July 21, 2021; 6:30pm TBD, 2021 Varies Varies City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4C Meeting Date: June 8, 2021 Subject: Adoption of a Resolution Declaring Certain Prepared by: Brandy Rinearson, MMC Equipment as Surplus and Authorizing its City Clerk Disposition Atty Routing No.: N/A Atty Review Date: N/A Summary: Assets of the City that are no longer useable, are no longer of value to the City, or are surplus to City needs may be removed from City ownership, sold, or in any other way disposed with a declaration of surplus by the City Council. Staff is asking the Council to surplus the following IT equipment: INV# 110519 HP2920-48G Network switch Asset Cost: $0 INV# 110520 HP2920-48G Network switch Asset Cost: $0 INV# 110521 HP2910-48G Network switch Asset Cost: $0 Although the City’s internal asset value of the equipment has been determined to be $0, any money from the sale of surplus property is deposited into the Fund which owned the equipment. When disposal is to the general public through direct sale, sealed bid or auction, final determination of value shall be the highest responsible bid or offer. The City may transfer a surplus asset to another public agency upon written request and a determination that it is in the public interest. Recommendation: Staff recommends adoption of a Resolution declaring certain property surplus and allowing for its disposition. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt a Resolution declaring certain equipment surplus and authorizing its disposition. Fiscal Impact: Money received from the disposition of surplus equipment is deposited in the Fund of ownership. Alternatives: Do not adopt. Attachments: Resolution Page 3 of 162 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, DECLARING CERTAIN EQUIPMENT AS SURPLUS AND AUTHORIZING ITS DISPOSITION. WHEREAS, certain personal property owned by various Funds of the City of Port Orchard has become surplus to the needs of the City; and WHEREAS, the City Council has determined that the current asset value of the IT equipment items to be $0.00; and WHEREAS, the City Council has, pursuant to the requirements of POMC 1.30.020, considered the possible future requirements of the City, the present value of the personal property and utility equipment, the likelihood of locating a buyer, possible intergovernmental cooperation, and the general welfare of the citizens of Port Orchard in determining whether it is in the best interests of the City to dispose of such personal property and utility equipment; and WHEREAS, the City Council desires to dispose of said IT equipment in the best interests of the City, now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The property described below is declared as a surplus to the needs of the City. Staff is instructed to dispose of the items in a manner that reflects the best interest of the City. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 8th day of June 2021. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk INV# 110519 HP2920-48G Network switch INV# 110520 HP2920-48G Network switch INV# 110521 HP2910-48G Network switch Page 4 of 162 City of Port Orchard Council Meeting Minutes Regular Meeting of May 25, 2021 1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the City Clerk as follows: Mayor Pro-Tem Ashby Present via Remote Access Councilmember Chang Present via Remote Access Councilmember Clauson Present via Remote Access Councilmember Cucciardi Present via Remote Access Councilmember Diener Present via Remote Access Councilmember Lucarelli Present via Remote Access Councilmember Rosapepe Present via Remote Access Mayor Putaansuu Present via Remote Access Staff present via Remote Access: Finance Director Crocker, Community Development Director Bond, Public Works Director Dorsey, Police Chief M. Brown, City Attorney Archer, City Clerk Rinearson, and Deputy City Clerk Floyd. Mayor Putaansuu stated pursuant to the Governor’s Stay at Home, Stay Safe order, the City Council will be conducting the meeting via Zoom this evening. The meeting is also streaming live on Facebook. A. PLEDGE OF ALLEGIANCE Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA MOTION: By Councilmember Ashby, seconded by Councilmember Cucciardi, to remove Business Item 7B, pending a completion of legal review. The motion carried. MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the agenda as amended. The motion carried. Page 5 of 162 Minutes of May 25, 2021 Page 2 of 5 3. CITIZENS COMMENTS Ginger Johnson, Race Director for Yukon Do It, spoke about opportunity and allowing events again. Council has the opportunity to restore the people’s faith in local government. We are starving for local events and to create new memories. They have an extensive COVID mitigation plan in place that complies with current guidelines. Sharron King, agrees with everything Ginger Johnson said. She spoke to upcoming events and dates and said they are very excited to be moving forward. 4. CONSENT AGENDA A. Approval of Voucher Nos. 82065 through 82118 including bank drafts in the amount of $141,106.20 and EFT’s in the amount of $55,988.41 totaling $197,094.61. B. Approval of Payroll Check Nos. 82061 through 82064 including bank drafts and EFT’s in the amount of $158,568.56, and Direct Deposits in the amount of $186,464.31 totaling $345,032.87. C. Approval of the May 11, 2021, City Council Meeting Minutes MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to approve the consent agenda. The motion carried. 5. PRESENTATION A. South Kitsap Fire and Rescue EMS Levy Renewal Jeff Faucett, Fire Chief and Mike Eslava, Fire Commissioner, provided a presentation on Emergency Services 2021 Update: EMS Levy Renewal which included staff information, number of calls, service area, services provided, how emergency services are provided, balanced operating budget: revenues and expenditures, EMS accounts for 70% of emergency calls, and levy renewal information. B. Presentation by Rice Fergus Miller on the South Kitsap Community Events Center Concept Plans Steve Rice, Lorie Limson Cook, Angie Tomisser and Mike Wright with Rice Fergus Miller, provided a presentation on the schematic design progress which included an overall site aerial map, site diagram, location to the Bay Street Pedestrian Pathway, building elevation, design story, view from Orchard Street plaza, view from waterside northwest corner, view from waterside looking east, view from waterside southwest corner, view from south/above, view from south at Port Street plaza, view from Bay Street looking west, view from Bay Street looking west, floor plans, meeting space summary, square footage available, and events. 6. PUBLIC HEARING Page 6 of 162 Minutes of May 25, 2021 Page 3 of 5 A. Second Public Hearing on the Adoption of an Ordinance Amending Port Orchard Municipal Code 13.04.025 and Increasing the Water System Capital Facility Charge Mayor Putaansuu opened the public hearing at 8:00 p.m. City Clerk Rinearson said a letter from Tarragon will be filed with the official record. Mayor Putaansuu closed the public hearing at 8:01 p.m. B. Final Downtown Subarea Plan and Proposed Amendments to the Comprehensive Plan and Development Regulations Mayor Putaansuu opened the public hearing, and there being no testimony, closed the public hearing at 8:03 p.m. 7. BUSINESS ITEMS A. Adoption of an Ordinance Amending Port Orchard Municipal Code 13.04.025 and Increasing the Water System Capital Facilities Charge MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to adopt Ordinance No. 023-21, amending POMC 13.04.025 and increasing the Water System Capital Facilities Charge. The motion carried. B. Adoption of an Ordinance Approving the Final Downtown Subarea Plan and Proposed Amendments to the Comprehensive Plan and Development Regulations This item was removed from the agenda. C. Adoption of an Ordinance Regarding Special Event Permits After July 1, 2021, Under Governor’s COVID-19 Guidance MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to adopt an Ordinance temporarily modifying Chapter 5.94 of the Port Orchard Municipal Code and authorizing the receipt of special event permits for events occurring after July 1, 2021, subject to conditions, and to include the 30-day application period. The motion carried. (Ordinance No. 025-21) D. Adoption of a Resolution Approving a Contract with Otis Elevator Company for City Hall Elevator Maintenance Page 7 of 162 Minutes of May 25, 2021 Page 4 of 5 MOTION: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to adopt Resolution 028-21 authorizing the Mayor to execute Contract No. C046-21 with Otis Elevator Company using WA DES Contract No. 01219 for $10,000.00 per year for a five-year term. The motion carried. E. Lodging Tax Fund Allocation for Special Events and Festivals MOTION: By Councilmember Chang, seconded by Councilmember Rosapepe, to authorize staff to proceed with the 2021 Lodging Tax application and allocation process for Special Events and festivals designed to attract tourists. The motion carried. 8. DISCUSSION ITEMS (No Action to be Taken) There were no discussion items. 9. REPORTS OF COUNCIL COMMITTEES Councilmember Ashby reported on the May 25th Transportation Committee meeting. She also reported on an upcoming Kitsap Regional Coordinating Council board meeting and public hearing. Councilmember Clauson reported on the May 18th Finance Committee meeting. Councilmember Lucarelli reported on the May 19th Sewer Advisory Committee meeting. Next meeting is scheduled for July 21st. Mayor Putaansuu reported on the Kitsap Transit board and Ruby Creek park and ride. 10. REPORT OF MAYOR The Mayor reported on the following: • Smart locks; • In accordance with Resolution 007-11, ‘Establishing a Process for Future Amendments to the City’s Personnel Policies and Procedures’, we have an amendment to our Coronavirus Protection Plan to allow for vaccinated employees to be mask free at work after providing proof of their fully vaccinated status; • Parks survey; and • AWC Annual Meeting. 11. REPORT OF DEPARTMENT HEADS Page 8 of 162 Minutes of May 25, 2021 Page 5 of 5 Public Works Director Dorsey reported the 580 reservoir is being filled. Police Chief Brown thanked the Council for their support as they work on accreditation. 12. CITIZEN COMMENTS Maralouise Schmerfeld, thanked Council for putting meetings online as they are easier to access. Would like to request keeping a Zoom element for public participation. Also, asked if Port Orchard will be hosting a pop-up vaccination event. Susan Lee, thanked Council for voting to reopen special events applications and spoke to a couple upcoming events. Brice McCain, appreciates live streaming Zoom meetings on Facebook, and hopes this will continue. It would be beneficial to post on Facebook what will be discussed during Council meetings. Also, he encouraged the city to post more information on social media about celebrating accomplishments. 13. EXECUTIVE SESSION At 8:55 p.m., Mayor Putaansuu recessed the meeting for a 20-minute executive session pursuant to RCW 42.30.110(1)(i), related to legal risks related to potential action. City Attorney Archer, and Community Development Director Bond were invited to attend, and Mayor Putaansuu stated no action will be taken. At 9:15 p.m., Mayor Putaansuu reconvened the meeting back into session. GOOD OF THE ORDER There was no good of the order. 14. ADJOURNMENT The meeting adjourned at 9:15 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 9 of 162 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7A Meeting Date: June 8, 2021 Subject: Adoption of an Ordinance Authorizing Prepared by: Debbie Lund the Position of Intern HR Manager Atty Routing No.: 366922.0008 – HR Atty Review Date: June 3, 2021 Summary: Beginning in 2020, the Mayor proposed the development of an internship program for the City. To that end, during the adoption of the 2021-2022 Biennial Budget a salary scale was set in the budget Ordinance for the position of Intern. Similarly, the City Council previously authorized an Intern position specific to the planning function within the Department of Community Development. Other departments have, from time to time, also expressed an interest in having one or more interns to assist with special projects, intermittent workload demands, or where there is a vacancy while a recruitment is conducted. The City has a current need to temporarily perform duties for various departments, while the City reassesses its needs for long-term recruitment as the City reopens City Hall following the COVID-19 pandemic in the near future. The Council adopted Ordinance 008-20, which delegates authority to the Mayor to establish and amend job descriptions, provided they are consistent with the general qualifications and duties as assigned by Ordinance by the Council. Consistent with that authorization, staff prepared an Ordinance establishing and setting the general qualifications and duties for an intern position. Included in the summary is authority allowing this intern to float among individual departments, as needed, based on their specific needs and area of focus for this position, depending upon the project or work assignment (which will depend on reopening needs as the City reopens). In accordance with Port Orchard Municipal Code 2.28.10, this position as a “intermittent temporary employee” is limited to six months of employment. Departments and Human Resources will ensure that interns are not utilized to perform union work without the authorization of the applicable union. Recommendation: Staff recommends approval of the attached summary for the position of intern. Relationship to Comprehensive Plan: N/A Motion for consideration: “I move to adopt an Ordinance authorizing the creation of the position of Intern and authorizing the Mayor to develop a job description consistent with the attached general qualifications and duties set out in the Ordinance.” Fiscal Impact: Each Department Director, after consultation with the Mayor and Finance Director, would be responsible for ensuring that their department budget can absorb the cost of any intern Page 10 of 162 Staff Report 7A Page 2 of 2 position withing their existing budget allocation or requesting a budget amendment from the City Council to cover the cost. Alternatives: Do not approve the position summary and provide alternative guidance. Attachments: Ordinance and Appendix A, position summary for Intern. Page 11 of 162 ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, TO AUTHORIZE POSITION OF INTERN AND ESTABLISHING GENERAL QUALIFICATIONS AND DUTIES THEREOF; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, from time to time, departments need additional assistance for a variety of reasons to include vacancies while recruitments are being conducted, special projects, and excessive workloads; and WHEREAS, needs of this nature can often be met by utilizing temporary help; and WHEREAS, internships provide students with valuable experience and resume´ building skills, as well as offering them a glimpse into “real world” application of their studies; and WHEREAS, the City is on the precipice of reopening as the COVID-19 pandemic appears to be concluding and the Governor intends to reopen the state at the end of June 2021, which will trigger the reopening of City Hall and new needs of various departments associated with the reopening on a temporary basis; and WHEREAS, Ordinance 008-20 delegates authority to the Mayor to establish and amend job descriptions provided they are consistent with the general qualification and duties assigned by the council; and WHEREAS, a statement of the general qualifications and duties of the Intern position is attached hereto as Appendix A, and incorporated herein by reference; and WHEREAS, the pay rate for the position of intern and budget authority for the position have been established by Ordinance 035-20, adopting the 2021-2022 Biennial Budget; Now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby authorizes the creation of the position of Intern with the qualifications and duties as generally provided for in Appendix A. SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 3. Publication. This Ordinance shall be published by an approved summary Page 12 of 162 Ordinance No. _________ Page 2 of 2 consisting of the title. SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 8th day of June 2021. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: SPONSORED BY: Charlotte A. Archer, City Attorney John Clauson, Councilmember PUBLISHED: EFFECTIVE DATE: Page 13 of 162 Appendix A Ordinance 008-20 delegates authority to the Mayor to establish and amend job description as needed provided they are consistent with the general qualifications and duties assigned by the City Council at the time the position is created by Council. General Qualifications and Duties Position Intern Department Various Major Job Function and Purpose This is a temporary assignment to provide practical work experience while providing support for the functions of a municipal government. Assists in a variety of administrative, research, fiscal or management-directed projects. General Function Provide assistance to the assigned department. Depending upon the assignment, work may include functions such as data entry; creating, reviewing, updating and analyzing data; sorting, maintaining, updating, and cataloging various documents and filing systems; observing, recording and summarizing data; data base development; research and report writing; special project coordination and assisting other employees with assigned tasks. Minimum Qualifications Include* High school diploma. Current or planned enrollment at an institution of higher learning in pursuit of a degree or trade applicable to the position is preferred. Self-starters and those that think outside the box are strongly encouraged to apply. * All position descriptions allow the hiring manager to consider any combination of experience and training that provides the desired skills, knowledge and abilities. Page 14 of 162 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7B Meeting Date: June 8, 2021 Subject: Adoption of a Resolution Approving Prepared by: Noah D. Crocker a Data Sharing Agreement with the Finance Director Office of the State Auditor Atty Routing No: 366922.007 – Finance Atty Review Date: May 31, 2021 Summary: Under Engrossed Substitute Senate Bill (ESSB) 5432, passed by the Legislature this year, and codified at Chapter 39.26 RCW, the Legislature established the Office of Cybersecurity and tasked this agency with developing security standards and policies to ensure integrity of data sharing by Washington’s. As part of that legislation, beginning July 1, 2021, data sharing agreements (DSAs) will be required between and among all state and local governments who share data as part of their governmental functions. This includes data exchanged during annual audits. The Office of the State Auditor has previously used DSAs with some state agencies, but less frequently with local governments. With the new law going into effect as of July 1, 2021, the Office of the State Auditor is entering into agreements with local governments as required under the Bill. These agreements will formalize all the steps Office of the State Auditor takes to protect data without requiring changes to their existing practices. Recommendation: Staff recommend approving Resolution No. 0XX-21 authorizing the Mayor to enter into a Data Sharing Agreement with the State Auditor’s Office Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt a Resolution authorizing the Mayor to enter into a Data Sharing Agreement with the State Auditor’s Office. Fiscal Impact: None. Alternatives: None. Attachments: Resolution and Data Sharing Agreement, ESSB 5432. Page 15 of 162 RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO ENTER INTO A DATA SHARING AGREEMENT WITH THE OFFICE OF THE STATE AUDITOR. WHEREAS, Engrossed Substitute Senate Bill (ESSB) 5432, passed by the Legislature and effective July 1, 2021 and codified at Chapter 39.26 RCW, established security standards and policies to ensure integrity of data sharing by Washington’s state and local governments, and requires all agents to enter into data sharing agreements prior to sharing any data among the agencies to perform governmental functions; and WHEREAS, the City of Port Orchard will have an audit in 2021 and will share data with the Office of the State Auditor; and WHEREAS, in conformance with state law, the City desires to enter into the Data Sharing Agreement as provided with the Office of the State Auditor; WHEREAS, consistent with Chapter 39.34 RCW, the Interlocal Cooperation Act, approval of this interagency agreement requires action by the City Council; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council authorizes the Mayor to enter into a data sharing agreement with the Office of the State Auditor. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 8th day of June 2021. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk Page 16 of 162 Agency DSA 21-01 DSA Agreement between Agency and SAO Agency DSA: 21-01 INTERAGENCY DATA SHARING AGREEMENT Between City of Port Orchard And the Office of the Washington State Auditor This Interagency Data Sharing Agreement (DSA) is entered into by and between City of Port Orchard hereinafter referred to as “Agency”, and the Office of the Washington State Auditor, hereinafter referred to as “SAO”, pursuant to the authority granted by Chapter 39.34 RCW and 43.09 RCW. AGENCY PROVIDING DATA: Agency Agency Name: City of Port Orchard Contact Name: Noah Crocker Title: Finance Director Address: 216 Prospect St Port Orchard, WA 98366 Phone: (360) 876-7023 E-mail: ncrocker@cityofportorchard.us AGENCY RECEIVING DATA: SAO Agency Name: Office of the Washington State Auditor Contact Name: Carol Ehlinger Title: Program Manager Address: 451 Sedgwick Rd Suite 200 Port Orchard, WA 98367 Phone: (360) 895-6133 E-mail: ehlingerc@sao.wa.gov 1. PURPOSE OF THE DSA The purpose of the DSA is to provide the requirements and authorization for the Agency to exchange confidential information with SAO. This agreement is entered into between Agency and SAO to ensure compliance with legal requirements and Executive Directives (Executive Order 16-01, RCW 42.56, and OCIO policy 141.10) in the handling of information considered confidential. 2. DEFINITIONS “Agreement” means this Interagency Data Sharing Agreement, including all documents attached or incorporated by reference. Page 17 of 162 Agency DSA 21-01 DSA Agreement between Agency and SAO Agency DSA: 21-01 “Data Access” refers to rights granted to SAO employees to directly connect to Agency systems, networks and/ or applications combined with required information needed to implement these rights. “Data Transmission” refers to the methods and technologies to be used to move a copy of the data between systems, networks and/ or employee workstations. “Data Storage” refers to the place data is in when at rest. Data can be stored on removable or portable media devices such as a USB drive or SAO managed systems or OCIO/ State approved services. “Data Encryption” refers to enciphering data with a NIST-approved algorithm or cryptographic module using a NIST-approved key length. Encryption must be applied in such a way that it renders data unusable to anyone but the authorized users. “Personal Information” means information defined in RCW 42.56.590(10). 3. PERIOD OF AGREEMENT This agreement shall begin on May 24, 2021, or date of execution, whichever is later, and end on May 23, 2024, unless terminated sooner or extended as provided herein. 4. JUSTIFICATION FOR DATA SHARING SAO is the auditor of all public accounts in Washington State. SAO’s authority is broad and includes both explicit and implicit powers to review records, including confidential records, during the course of an audit or investigation. 5. DESCRIPTION OF DATA TO BE SHARED The data to be shared includes information and data related to financial activity, operation and compliance with contractual, state and federal programs, security of computer systems, performance and accountability for agency programs as applicable to the audit(s) performed. Specific data requests will be limited to information needed for SAO audits, investigations and related statutory authorities as identified through auditor requests. 6. DATA ACCESS If desired, with the Agency’s permission, the Agency can provide direct, read-only access into its system. SAO will limit access to the system to employees who need access in support of the audit(s). SAO agrees to notify the agency when access is no longer needed. 7. DATA TRANSMISSION Transmission of data between Agency and SAO will use a secure method that is commensurate to the sensitivity of the data being transmitted. 8. DATA STORAGE AND HANDLING REQUIREMENTS Agency will notify SAO if they are providing confidential data. All confidential data provided by Agency will be stored with access limited to the least number of SAO staff needed to complete the purpose of the DSA. Page 18 of 162 Agency DSA 21-01 DSA Agreement between Agency and SAO Agency DSA: 21-01 9. INTENDED USE OF DATA The Office of the Washington State Auditor will utilize this data in support of their audits, investigations, and related statutory responsibilities as described in RCW 43.09. 10. CONSTRAINTS ON USE OF DATA The Office of the Washington State Auditor agrees to strictly limit use of information obtained under this Agreement to the purpose of carrying out our audits, investigations and related statutory responsibilities as described in RCW 43.09. 11. SECURITY OF DATA SAO shall take due care and take reasonable precautions to protect Agency’s data from unauthorized physical and electronic access. SAO complies with the requirements of the OCIO 141.10 policies and standards for data security and access controls to ensure the confidentiality, and integrity of all data shared. 12. NON-DISCLOSURE OF DATA SAO staff shall not disclose, in whole or in part, the data provided by Agency to any individual or agency, unless this Agreement specifically authorizes the disclosure. Data may be disclosed only to persons and entities that have the need to use the data to achieve the stated purposes of this Agreement. In the event of a public disclosure request for the Agency's data, SAO will notify the Agency a. SAO shall not access or use the data for any commercial or personal purpose. b. Any exceptions to these limitations must be approved in writing by Agency. c. The SAO shall ensure that all staff with access to the data described in this Agreement are aware of the use and disclosure requirements of this Agreement and will advise new staff of the provisions of this Agreement. 13. OVERSIGHT The SAO agrees that Agency will have the right, at any time, to monitor, audit, and review activities and methods in implementing this Agreement in order to assure compliance. 14. TERMINATION Either party may terminate this Agreement with 30 days written notice to the other party’s Agreement Administrator named on Page 1. However, once data is accessed by the SAO, this Agreement is binding as to the confidentiality, use of the data, and disposition of all data received as a result of access, unless otherwise amended by the mutual agreement of both parties. 15. DISPUTE RESOLUTION In the event that a dispute arises under this Agreement, a Dispute Board shall determine resolution in the following manner. Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review facts, contract terms, and applicable statutes and rules and make a determination of the dispute. 16. GOVERNANCE a. The provisions of this Interagency Data Sharing Agreement are severable. If any provision of this Agreement is held invalid by any court that invalidity shall not affect the Page 19 of 162 Agency DSA 21-01 DSA Agreement between Agency and SAO Agency DSA: 21-01 other provisions of this Interagency Data Sharing Agreement and the invalid provision shall be considered modified to conform to the existing law. b. In the event of a lawsuit involving this Interagency Data Sharing Agreement, venue shall be proper only in Thurston County, Washington. 17. SIGNATURES The signatures below indicate agreement between the parties. Agency Signature Date Title: Office of the Washington State Auditor Signature Date Title: Page 20 of 162 FINAL BILL REPORT ESSB 5432 C 291 L 21 Synopsis as Enacted Brief Description: Concerning cybersecurity and data sharing in Washington state government. Sponsors: Senate Committee on Environment, Energy & Technology (originally sponsored by Senators Carlyle, Nguyen, Conway, Das, Dhingra, Keiser, Liias, Nobles and Randall; by request of Office of the Governor). Senate Committee on Environment, Energy & Technology House Committee on State Government & Tribal Relations House Committee on Appropriations Background: State Information Technology. General. The Consolidated Technology Services Agency, also known as WaTech, supports state agencies as a centralized provider and procurer of information technology (IT) services. The director of WaTech is the state Chief Information Officer (CIO). Within WaTech, the Office of the Chief Information Officer (OCIO) has primary duties related to IT for state government, which include establishing statewide enterprise architecture and standards. Cybersecurity. The OCIO establishes security standards and policies to ensure the integrity of the information processed in the state's IT systems. The CIO appoints the state Chief Information Security Officer (CISO). Each institution of higher education, the Legislature, and the judiciary must develop an IT security program (program) comparable to the intended outcomes of OCIO security standards and policies. Each state agency must develop a program, ensure it adheres to OCIO security standards and policies, and obtain an independent compliance audit of the program at least once every three years. Office of the Chief Information Officer Policies. The OCIO policy on securing IT assets requires agencies to implement common IT security standards. A component of this policy outlines data security requirements such as data classification. Agencies must classify data based on the sensitivity of the data. Data must be translated to the following classification categories: category 1: public information;• This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not part of the legislation nor does it constitute a statement of legislative intent. ESSB 5432- 1 -Senate Bill Report Page 21 of 162 category 2: sensitive information;• category 3: confidential information; and• category 4: confidential information requiring special handling.• Agencies must ensure any sharing of data with the public complies with OCIO policies and other applicable regulations. When sharing category 3 and above data outside of the agency, an agreement must be in place unless otherwise prescribed by law. Encryption standards for category 3 and 4 data are specified. Agencies must appropriately protect information transmitted electronically. Procurement. The Department of Enterprise Services (DES) is responsible for the development and oversight of policy for the procurement of goods and services by all state agencies, including procurement processes for IT goods and services. The DES Director (Director) must adopt rules, policies, and guidelines governing procurement. The Director has the sole authority to: enter into master contracts on behalf of the state; and• delegate authorization to purchase goods and services to agencies: Such authorization must specify restrictions as to dollar amount or specific types of goods and services, based on a risk assessment process. 1. Delegation does not exempt the agency from conformance to the policies established by the Director. 2. • DES also adopts uniform policies and procedures for the effective and efficient management of contracts by all state agencies. All contracts for purchases of goods and services must be based on a competitive solicitation process. DES may grant exemptions from competitive solicitation, including emergency contracts, sole source contracts, and direct buy purchases. Summary: Office of Cybersecurity. The Office of Cybersecurity (OCS) is created within the OCIO. The CIO appoints the CISO. The primary duties of the OCS are specified, such as establishing security standards and policies and developing a centralized cybersecurity protocol for protecting and managing state IT assets. Programs required under current law must adhere to or be comparable to security standards and policies established by the OCS rather than the OCIO. Current independent compliance audit requirements are maintained. If the audit identifies any failure to comply with standards or any other material cybersecurity risk, the OCS must require the agency to implement a plan to resolve the failure and monitor compliance. Catalog of Services. By July 1, 2022, the OCS, in collaboration with state agencies, must develop a catalog of cybersecurity services and functions for the OCS to perform, and submit a report to the Governor and the Legislature. The OCS shall update and publish its catalog of services and performance metrics on a biennial basis. ESSB 5432- 2 -Senate Bill Report Page 22 of 162 Incident Response. In the event of a major cybersecurity incident, state agencies must report that incident to the OCS within 24 hours of discovery of the incident. State agencies must provide the OCS with contact information for any external parties with material information related to the incident. The OCS must investigate the incident to determine the degree of severity and must serve as the state's point of contact for all major cybersecurity incidents. Report on Data Governance. The OCS, in collaboration with the Office of Privacy and Data Protection and the Office of the Attorney General, shall research existing best practices for data governance and data protection, including model terms for data sharing contracts, and submit a report to the Legislature by December 1, 2021. Data Sharing Agreements. Before an agency shares or requests category 3 or higher data, a written data sharing agreement that conforms to OCS policies must be in place. This requirement does not limit audit authorities of the State Auditor. Independent Security Assessment. The OCS must contract for an independent security assessment (assessment) of the statutorily required program audits conducted since July 1, 2015. Minimum assessment requirements are specified such as assessing the context of any audit findings and evaluating the findings relative to industry standards at the time of the audit, evaluating the state's performance in taking action upon audit findings, and evaluating policies and standards established by the OCS. A report of the assessment must be submitted to the Governor and Legislature by August 31, 2022. The report is confidential and not subject to public disclosure. To the greatest extent practicable, the OCS must contract for the assessment using a DES master contract or the competitive solicitation process described under current law. If the OCS conducts a competitive solicitation, it must work with DES, the Office of Minority and Women's Business Enterprises, and the Department of Veteran's Affairs to engage outreach to small businesses and certified veteran-owned businesses and encourage these entities to submit a bid. Votes on Final Passage: Senate 49 0 House 83 15 (House amended) Senate 48 0 (Senate concurred) Effective:July 25, 2021 ESSB 5432- 3 -Senate Bill Report Page 23 of 162 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7C Meeting Date: June 8, 2021 Subject: Adoption of a Resolution Approving a Contract Prepared by: Mark Dorsey, P.E. with Aqua Tech LLC for the Cedar Heights Lift Public Works Director Station Valving and Piping Replacement Project Atty Routing No.: 366922.0012 – Sewer Atty Review Date: May 31, 2021 Summary: By this Resolution, the City Council would authorize the Mayor to execute a contract with Aqua Tech LLC for the Cedar Heights Lift Station Valving and Piping Replacement Project. On May 3, 2021, Public Works staff established a list of qualified contractors from the 2021 MRSC Small Works Roster for the Main Category – Sanitary Sewer Construction, Repair and Maintenance and Sub-Category – Sewer Lift Station Construction and Maintenance, to perform the Cedar Heights Lift Station Valving and Piping Replacement Project. A copy of that list of qualified contractors is attached to the Resolution as Exhibit A. On May 6, 2021, and pursuant to Resolution No. 042-20 (see Section 5 – Bid Procedures), the City’s Public Works Department emailed an Invitation to Bid for the Cedar Heights Lift Station Valving and Piping Replacement Project to five (5) qualified contractors on the selected roster. One (1) bid was timely received by the deadline, at which time Aqua Tech LLC was deemed the presumed responsive and qualified low bidder. Notably, although Aqua Tech LLC was not one of the contractors selected and directly solicited by the City from the roster, they responded to the invitation to bid that was posted on the City’s website and available for public submissions and are a qualified contractor on the selected MRSC Small Works Roster. Final bid amounts were as follows: ame of Contractor d Total ua Tech LLC 1,065.00 On May 21, 2021, the City’s Public Works Department Staff completed the MRSC Mandatory Bidder Responsibility Checklist and determined that the Aqua Tech LLC bid of $31,065.00 (applicable tax included) was the lowest qualified bid. The Public Works Department has confirmed that the bidding procedures for Public Works have been followed. Recommendation: Staff recommends that the City Council adopt Resolution No. 037-21, authorizing the Mayor to execute Contract No. C056-21 with Aqua Tech LLC for the Cedar Heights Lift Station Valving and Piping Replacement Project in the amount of $31,065.00. Relationship to Comprehensive Plan: Utilities – Sewer Page 24 of 162 Staff Report 7C Page 2 of 2 Motion for Consideration: I move to adopt Resolution No. 037-21, authorizing the Mayor to execute Contract No. C056-21 with Aqua Tech LLC for the Cedar Heights Lift Station Valving and Piping Replacement Project in the amount of $31,065.00. Fiscal Impact: A budget amendment will be required. Alternatives: Do not approve. Attachments: Resolution No. 037-21, Ex. A – MRSC Roster, Ex. B-Small Works Contract No. C056-21, and Invitations to Bid. Page 25 of 162 RESOLUTION NO. 037-21 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING SMALL WORKS CONTRACT NO. C056-21 WITH AQUA TECH LLC FOR THE CEDAR HEIGHTS LIFT STATION VALVING AND PIPING REPLACEMENT PROJECT AND DOCUMENTING THE SMALL PUBLIC WORKS ROSTER PROCUREMENT PROCEDURES. WHEREAS, as performed annually since 2013, the Municipal Research and Services Center of Washington (MRSC) solicited on behalf of participating local government agencies within Washington State (including the City of Port Orchard) for the 2021 MRSC Small Public Works Roster; and WHEREAS, on May 3, 2021, pursuant to RCW 39.04.155, the City’s Public Works Department established a roster of qualified contractors from the 2021 Small Works Roster, a copy of which is attached hereto as Exhibit A, for the Main Category – Sanitary Sewer Construction, Repair and Maintenance and Sub-Category – Sewer Lift Station Construction and Maintenance; and WHEREAS, on May 6, 2021, and pursuant to Resolution No. 019-17, Section 5.0 Bid Procedures, the City’s Public Works Department issued an email Invitation to Bid (ITB) for Cedar Heights Lift Station Valving and Piping Replacement Project to five (5) qualified contractors on the selected roster, and simultaneously posted the ITB on the City’s website; and WHEREAS, on May 21, 2021, the City’s Public Works Department received one (1) bid by the deadline, and Aqua Tech LLC was deemed the apparent lowest, qualified bidder for the Cedar Heights Lift Station Valving and Piping Replacement Project; and WHEREAS, although Aqua Tech LLC was not one of the contractors selected and solicited by the City from the roster, they are a qualified contractor on the selected MRSC Small Works Roster and obtained the ITB from the City’s website; and WHEREAS, on May 21, 2021, the City’s Public Works Department completed the MRSC Mandatory Bidder Responsibility Checklist and confirmed Aqua Tech LLC as the lowest, qualified bidder; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor’s Office, wishes to document their selection/procurement process as described above for this particular contract by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Page 26 of 162 Resolution No. 037-21 Page 2 of 2 THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves and authorizes the Mayor to execute Contract No. C056-21 with Aqua Tech LLC for the Cedar Heights Lift Station Valving and Piping Replacement Project, a copy of which is attached hereto as Exhibit B and incorporated herein by this reference. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 8th day of June 2021. ____________________________________ Robert Putaansuu, Mayor ATTEST: ____________________________ Brandy Rinearson, MMC, City Clerk Page 27 of 162 Page 28 of 162 Page 29 of 162 Page 30 of 162 Page 31 of 162 City of Port Orchard and Aqua Tech LLC Public Works Project No. PW2021-019 Small Works Contract No. C056-21 Rev 7/23/2020 Page 1 of 24 CITY OF PORT ORCHARD SMALL WORKS 35K AND UNDER CONSTRUCTION CONTRACT NO. C056-21 PUBLIC WORKS PROJECT NO. PW2021-019 THIS Agreement is made effective as of the _8th_ day of _June_, 2021, by and between CITY OF PORT ORCHARD, WASHINGTON (“CITY”) 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and Aqua Tech LLC (“CONTRACTOR”) 111 Sparrow Ct. Port Ludlow, WA 98365 Contact: Bob Thurston Phone: 360.301.3535 Email: bobt@aquatecllc.com for the following Project: Cedar Heights Lift Station Valving & Piping Replacement (“PROJECT”) The City and Contractor agree as follows: 1. Contract Documents. The Contractor shall complete the Work described in the Contract Documents for the Project. The following documents are collectively referred to as the “Contract” and/or “Contract Documents”: a. This Agreement signed by the City and the Contractor; b. Division 1 of WSDOT Standard Specifications for Road, Bridge and Municipal Construction, 2018 edition, together with APWA Supplement (1-99), subject to specific provisions contained within the Public Works Terms and Conditions; c. The attached Special Provisions, Plans and Specifications; d. Written change orders or orders for minor changes in the Work issued after execution of this Agreement; e. Public Works Terms and Conditions; f. Insurance and Bonding Requirements; and Page 32 of 162 City of Port Orchard and Aqua Tech LLC Public Works Project No. PW2021-019 Small Works Contract No. C056-21 Rev 7/23/2020 Page 2 of 24 g. The bid proposal submitted by the Contractor, except when inconsistent with Contract Documents a-f. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. These Contract Documents complement each other in describing a complete work. Any requirement in one document binds as if stated in all. The Contractor shall provide any work or materials clearly implied in the Contract even if the Contract does not mention it specifically. 2. Date of Commencement and Substantial Completion Date. The date of commencement shall be June 14, 2021. The Contractor shall substantially complete the Work not later than August 12, 2021, subject to adjustment by change order. 3. The Contractor shall do all work and furnish all tools, materials, and equipment in accordance with the above described Construction Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing of the work provided for in these Construction Contract Documents, except those items mentioned therein to be furnished by the City. 4. Subject to additions and deductions by change order, the construction Contract Sum is the base bid amount of $31,065.00 (applicable sales tax included). The construction Contract Sum shall include all items and services necessary for the proper execution and completion of the work. The City hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the work described in the Construction Contract Documents and to complete and finish the same according to the plans and specifications and the terms and conditions herein contained; and hereby contracts to pay for the same at the time and in the manner and upon the conditions provided for in this Contract. 5. The Contractor agrees to comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The Contractor agrees to furnish insurance of the types and in the amounts set forth in the Construction Contract Documents. 6. The Contractor agrees to repair and replace all property of the City and all property of others damaged by himself, his employees, and sub-contractors. 7. The Contractor for himself and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein upon the part of the Contractor. 8. It is further provided that no liability shall attach to the City of Port Orchard by reason of entering into this Construction Contract, except as expressly provided herein. Page 33 of 162 City of Port Orchard and Aqua Tech LLC Public Works Project No. PW2021-019 Small Works Contract No. C056-21 Rev 7/23/2020 Page 3 of 24 9. Title VI The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Contractor will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income-level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor’s obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income-level, or LEP. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Contractor’s noncompliance with the Non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Contractor under the Agreement until the Contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, Page 34 of 162 City of Port Orchard and Aqua Tech LLC Public Works Project No. PW2021-019 Small Works Contract No. C056-21 Rev 7/23/2020 Page 4 of 24 unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed on the date first written above. CITY OF PORT ORCHARD CONTRACTOR ____________________________ ____________________________ Robert Putannsuu, Mayor By: Its: ATTEST/AUTHENTICATE: ______________________________ Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: ______________________________ Charlotte A. Archer, City Attorney Page 35 of 162 City of Port Orchard and Aqua Tech LLC Public Works Project No. PW2021-019 Small Works Contract No. C056-21 Rev 7/23/2020 Page 5 of 24 CERTIFICATE AS TO CORPORATE PRINCIPAL I, ____________________________________ (Corporate Officer (Not Contract Signer)) certify that I am the _________________________________________ (Corporate Title) of the corporation named as the Contractor in the Agreement attached hereto; that _______________________________, (Contract Signer) who signed said Agreement on behalf of the Contractor, was then __________________________ (Corporate Title) of said corporation; that said Agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Corporate Seal ______________________________________ Corp. officer signature (not contract signer) ______________________________________ Printed ______________________________________ Title State of ____________ ) County of __________ ) _____________________________________, (corporate officer (not contract signer)) being duly sworn, deposes and says that he/she is _____________________________ (Corporate Title) of ______________________________ (Name of Corporation) Subscribed and sworn to before me this _______ day of _____________, 20______ ______________________________ Notary Public (Signature) ______________________________ Notary Public (Print) My commission expires____________ Page 36 of 162 City of Port Orchard and Aqua Tech LLC Public Works Project No. PW2021-019 Small Works Contract No. C056-21 Rev 7/23/2020 Page 6 of 24 CITY OF PORT ORCHARD PUBLIC WORK PROJECT TERMS AND CONDITIONS The following terms and conditions shall be used in conjunction with the Standard Specifications for Road, Bridge and Municipal Construction, 2018 edition, together with the APWA Supplement (Section 1-99), as issued by the Washington State Department of Transportation and American Public Works Association, Washington State Chapter, hereinafter referred to as the "standard specifications". The standard specifications, except as they may be modified or superseded by these provisions, shall govern all phases of work under this Contract, and they are by reference made an integral part of these specifications and Contract as if herein fully set forth. When the provisions of the standard specification conflict with the terms and conditions as contained herein, the terms and conditions shall prevail. 1. BID PRICE: The bid price(s) shall include all necessary permits, fees and items of labor, material, equipment, tools, overhead and compensation, supplies, taxes, utilities and other incidentals necessary to complete the work in a fully functional and operational state. All prices including bid prices are in US funds. 2. DEFINITIONS: The term “City” means Port Orchard, Washington, “successful bidder” means the apparent lowest and best responsible bidder to whom an award is made, and “Contractor” means the successful bidder who has satisfied the requirements for the award and who receives a contract executed by the City. “Bidder” means the person, firm or corporation that has made an offer in response to the invitation to bid. “Work” means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. 3. LICENSING AND REGISTRATION: The Contractor must have a Washington State certificate of registration per chapter 18.27 RCW; a current state unified business identifier number; and if applicable, industrial insurance coverage for the bidder's employees working in Washington, an Employment Security Department number, and a state excise tax registration number. In addition, the bidder must not be disqualified from bidding on any public works contracts under RCW 39.06.010 or 39.12.065(3). 4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law. Bidders are warned to take into consideration statutory legal requirements, particularly, the payment of prevailing wages and fringe benefits, payment and performance bonds and sales tax implications in making their bids. It is the sole responsibility of the bidder to ensure that the appropriate labor classification(s) are identified and that the applicable wage and benefit rates are taken into consideration when preparing their bid according to these specifications. The Contractor shall complete and file State of Washington, Department of Labor & Industries, Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall familiarize itself with their requirements. The Contractor shall also be responsible for and pay all costs pertaining to the processing of these forms. 5. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in the Attachment entitled “Insurance Requirements.” 6. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents will be by written addenda only. Page 37 of 162 City of Port Orchard and Aqua Tech LLC Public Works Project No. PW2021-019 Small Works Contract No. C056-21 Rev 7/23/2020 Page 7 of 24 7. PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby proposes to perform all work for this project in strict accordance with the Contract Documents, at the Contract Sum, and within the time set forth herein with the understanding that time is of the essence in the performance of this Contract. 8. TAXES: Proposals shall include all applicable taxes except sales tax, which is a separate bid item. It shall be the Bidder's responsibility to furnish Federal Excise Tax Exemption Certificate, when applicable. 9. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error. 10. PERMITS AND FEES: The Contractor shall furnish all permits, inspection fees, and fees required in the performance of this Contract, including those charged under RCW 39.12.070 by the Department of Labor and Industries for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid, etc. The Department may also charge fees to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The Contractor is responsible for all fees resulting from these statutes. 11. CONTRACT: The Contract, when properly signed, will be the only form that will be recognized by the City as an award. The executed Contract supersedes all previous communications and negotiations, except as referenced herein, and constitutes the entire agreement between the City and Contractor (parties), except as provided herein. The Contractor shall not make any changes, alterations, or variations in the terms of the Contract without the written consent of the City. No terms stated by the Bidder in its proposal shall be binding on the City unless accepted in writing by the City. The successful bidder may not assign the Contract resulting from this invitation to bid without the City’s prior written consent. No waiver by the City of a breach of any provision of the terms and conditions outlined in the invitation to bid shall constitute a waiver of any other breach of such provision or of any other provisions. 12. CHANGE ORDERS: If the City or the Contractor requests a change in the Work, or either party believes that a change is necessary, then the parties shall comply with the following procedure to document and reflect a change in the Work: (a) The party requesting the change shall write a description of the change and give the description to the other party (the “Change Notice”); (b) Before proceeding with the change in Work, unless otherwise excused by emergency, the Contractor shall provide the City with a fixed-price written estimate of the cost and time impact of the change in Work; and (c) The City and the Contractor shall execute a Change Order confirming their agreement as to the change in Work, the fixed-price cost, and the extension of the Substantial Completion Date, if any. If the change in Work cannot be performed on a fixed-price basis, the Change Order shall identify the agreed method of compensation. 13. CHANGE DIRECTIVES: A “Change Directive” is a written order signed by the City, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Substantial Completion Date, or both. The City may by Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Substantial Completion Date being adjusted accordingly. A Change Directive shall only be used in the absence of total agreement on the terms of a Change Order. Upon receipt of a Change Directive, the Contractor shall promptly proceed with the change in the Work and advise the City of its agreement or disagreement with the proposed method for determining the proposed adjustment in the Contract Sum and/or Substantial Completion Date, if any, provided in the Change Directive. A Change Directive signed by the Contractor indicates agreement with all terms set forth in the Change Directive. Such agreement shall be effective immediately and shall be recorded as soon as practical with a Change Page 38 of 162 City of Port Orchard and Aqua Tech LLC Public Works Project No. PW2021-019 Small Works Contract No. C056-21 Rev 7/23/2020 Page 8 of 24 Order. If the parties are unable to agree on an adjustment to the Contract Sum and/or Substantial Completion Date, if any, then either party may submit the matter for determination in accordance with Section 21. 14. MINOR CHANGES IN THE WORK: The City shall have the authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Substantial Completion Date and not inconsistent with the Contract documents. The Contractor shall promptly carry out such written orders for minor changes in the Work. 15. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full compliance with all applicable local, state or federal laws and regulations and agrees to indemnify and defend the City against any loss, cost, liability or damage, including reasonable attorney’s fees, by reason of successful bidder's violation of this paragraph. 16. INDEMNIFICATION: All services to be rendered or performed under this Contract will be rendered or performed entirely at the Contractor’s own risk. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Contract, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Contract 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 officers, officials, employees 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 the indemnification provided herein constitutes the Contractor’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Contract. 17. TERMINATION: This Contract may be terminated in whole or in part, without penalty, under the following conditions: 1) by mutual written agreement; 2) by the City for breach by the Contractor of any of the obligations or requirements set forth in the Contract Documents which would, at the option of the City, require the Contractor to assume liability for any and all damages, including the excess of re-procuring similar products or services; 3) for convenience of the City; or 4) by the City for non-appropriation of funds. 18. TERMINATION BY THE CITY WITHOUT CAUSE: Notwithstanding any other provisions contained herein, the City, without cause, may terminate the Contract between the parties by providing notice to the Contractor. Upon termination under this section: 1) All remaining obligations of the parties are discharged, but any right based upon breach or performance occurring prior to termination survives; 2) If the reasonable costs of performance incurred by the Contractor prior to termination exceed the amount paid by the City to the Contractor on the Contract Sum, the City shall reimburse the Contractor in the amount of such excess; 3) If the amount paid by the City to the Contractor on the Contract Sum exceeds the reasonable costs of performance incurred by the Contractor prior to termination, the Contractor shall reimburse the City in the amount of such excess; and 4) Any funds obtained or retained by the Contractor as provided in subsections 2) or 3), above, shall constitute full payment and consideration for the services performed by the Contractor prior to termination. Page 39 of 162 City of Port Orchard and Aqua Tech LLC Public Works Project No. PW2021-019 Small Works Contract No. C056-21 Rev 7/23/2020 Page 9 of 24 19. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with these terms and conditions, notwithstanding any previous custom, practice, or course of dealing to the contrary. 20. PAYMENT: Contractor shall maintain time and expense records and provide them to the City along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If the services rendered to not meet the requirements of the Contract, Contractor will correct or modify the work to comply with the Contract. City may withhold payment for such work until the work meets the requirements of the Contract. 21. DISPUTE RESOLUTION: In the event there is a dispute between the parties, the parties agree to resolve that dispute in the following manner: (a) The parties shall attempt in good faith to resolve any dispute promptly through negotiation. Either party may give the other party written notice that a dispute exists (a “Notice of Dispute”). The Notice of Dispute shall include a statement of such party’s position. Within ten (10) days of the delivery of the Notice of Dispute, the parties shall meet at a mutually acceptable time and place and attempt to resolve the dispute; (b) If the parties are unable to resolve the dispute, they may elect to submit the dispute to mediation. The cost of the mediation shall be borne equally by the parties. The mediator shall be selected by the mutual agreement of the parties; (c) If the mediation does not result in a settlement of the dispute, the dispute shall be settled by binding arbitration by the Judicial Arbitration and Mediation Services (“JAMS”) in accordance with the then operative construction rules of JAMS. The parties may select an arbitrator by mutual agreement, or if unable to agree, the arbitrator will be selected pursuant to the rules of JAMS. The parties shall be bound by the decision of such arbitrator. The arbitration shall be conducted in Kitsap County, Washington; provided, if JAMS is unable to conduct the arbitration in Kitsap County, then the arbitration shall be held in such location as the parties may agree after consulting with JAMS. Page 40 of 162 City of Port Orchard and Aqua Tech LLC Public Works Project No. PW2021-019 Small Works Contract No. C056-21 Rev 7/23/2020 Page 10 of 24 CITY OF PORT ORCHARD INSURANCE REQUIREMENTS The Contractor shall procure and maintain for the duration of the Contract with the City, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees and subcontractors. No Limitation. The Contractor’s maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. Minimum Scope of Insurance. The Contractor shall obtain insurance of the types described below: • Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. • Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations, personal injury and advertising injury and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named by endorsement as an additional insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG or substitute endorsements providing equivalent coverage. • Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. • Employers’ Liability coverage to include bodily injury, and bodily injury by disease. Employers Liability coverage may be included in the Contractor’s General Liability Coverage or as a stand-alone policy. • Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and Sub-subcontractors in the work. Builders Risk insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal. The Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the Page 41 of 162 City of Port Orchard and Aqua Tech LLC Public Works Project No. PW2021-019 Small Works Contract No. C056-21 Rev 7/23/2020 Page 11 of 24 City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. Minimum Amounts of Insurance. The Contractor shall maintain the following insurance limits: • Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000.000 per accident. • Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products- completed operations aggregate limit. • Builders Risk insurance shall be written in the amount of the completed value of the project with no coinsurance provisions. • Workers’ Compensation insurance. • Employer’s Liability insurance with Washington Stop Gap Employers’ Liability minimum limits of $1,000,000 each accident, $1,000,000 disease - each employee, $1,000,000 disease - policy limit. The City will not be responsible for payment of industrial insurance premiums or for any other claim or benefit for this Contractor or any sub-Contractor or employee of the Contractor which might arise under the industrial insurance laws during the performance of duties and services under this contract. If the Department of Labor and Industries, upon audit, determines that industrial insurance payments are due and owing as a result of work performed under this contract, those payments shall be made by the Contractor; the Contractor shall indemnify the City and guarantee payment of such amounts. Other Insurance Provisions. The Contractor’s Automobile Liability, Commercial General Liability and Builders Risk insurance policies are to contain or be endorsed to contain that they shall be primary insurance as respects the City. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it. If any coverage is written on a “claims made” basis, then a minimum of three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided by the City. Contractor’s Insurance for Other Losses. The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, including but not limited to the Contractor’s employee-owned tools, machinery, equipment or motor vehicles owned or rented by the Contractor, or the Contractor’s agents, suppliers or contractors as well as any temporary structures, scaffolding and protective fences. Page 42 of 162 City of Port Orchard and Aqua Tech LLC Public Works Project No. PW2021-019 Small Works Contract No. C056-21 Rev 7/23/2020 Page 12 of 24 Waiver of Subrogation. The Contractor waives all rights against the City, any of its Subcontractors, Sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to this Insurance Requirements Section of the Contract or other property insurance applicable to the work. The Contractor’s insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. The City will not waive its right to subrogation against the Contractor. The Contractor’s insurance shall be endorsed acknowledging that the City will not waive its right to subrogation. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Verification of Coverage. The Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this project. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. Notice of Cancellation. The Contractor shall provide thirty (30) days written notice by certified mail, return receipt requested, to the City prior to the cancellation or alteration of coverage. Failure to Maintain Insurance. The insurance required by this Section will not be canceled, materially changed or altered without forty-five (45) days prior written notice submitted to the City. Failure on the part of the Contractor to maintain insurance as required shall constitute a material breach of contract, upon which the City 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 City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. Page 43 of 162 City of Port Orchard and Aqua Tech LLC Public Works Project No. PW2021-019 Small Works Contract No. C056-21 Rev 7/23/2020 Page 13 of 24 CITY OF PORT ORCHARD DECLARATION OF OPTION FOR PERFORMANCE AND PAYMENT BOND OR ADDITIONAL RETAINAGE (APPLICABLE TO CONTRACTS OF $150,000 OR LESS – RCW 39.08.010) Note: This form must be submitted at the time the Contractor executes the Contract. The Contractor shall designate the option, where applicable, desired by checking the appropriate space. 1. The Contractor shall provide 5% retainage, pursuant to RCW 60.28.011(1)(a). 2. In addition, the Contractor elects to (select one): ________(1) Furnish a performance and payment bond in the amount of the total contract sum. An executed performance and payment bond on the required form is included with the executed contract documents. ________(2) Have the City retain, in lieu of the performance and payment bonds, ten percent (10%) of the total contract amount for a period of thirty days after date of final acceptance, or until receipt of all necessary releases from the department of revenue and the department of labor and industries and settlement of any liens filed under chapter 60.28 RCW, whichever is later. RCW 39.08.010. In choosing option 2, the Contractor agrees that if the Contractor, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract, and shall faithfully perform all the provisions of such Contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of the Contract that may hereafter be made, at the time and in the manner therein specified, and shall pay all laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or her part, and shall defend, indemnify, and save harmless the City of Port Orchard, Washington, its officers and agents from any claim for such payment, then the funds retained in lieu of a performance bond shall be released at the time provided in said option 2; otherwise, the funds shall be retained until the Contractor fulfills the said obligations. __________________________________ Contractor Signature, Date____________ Bond No. _______________________________ Page 44 of 162 City of Port Orchard and Aqua Tech LLC Public Works Project No. PW2021-019 Small Works Contract No. C056-21 Rev 7/23/2020 Page 14 of 24 PERFORMANCE AND PAYMENT BOND CITY OF PORT ORCHARD CEDAR HEIGHTS LIFT STATION VALVING AND PIPING REPLACEMENT CONTRACT NO. C056-21 Bond to City of Port Orchard, Washington Bond No. _____________ We, ___________________________________, and _________________________________________, (Principal) (Surety) a _________________________________ Corporation, and as a surety corporation authorized to become a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and severally bound to the City of Port Orchard, Washington (“Owner”), in the penal sum of _________________________________________________________ Dollars ($_________________), the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators, executors, or personal representatives, as the case may be. This Performance Bond is provided to secure the performance of Principal in connection with a contract dated_____________, 20___, between Principal and Owner for a project entitled Cedar Heights Lift Station Valving & Piping Replacement Contract No. C056-21 (“Contract”). The initial penal sum shall equal 100 percent of the Total Bid Price, including sales tax, as specified in the Proposal submitted by Principal. NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon the condition that Principal, its heirs, executors, administrators, successors, or assigns: Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and within the time specified as may be extended under the Contract; Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material persons, and all other persons or agents who supply labor, equipment, or materials to the Project; and Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82 RCW on: (A) Projects referred to in RCW 60.28.011(1)(b); and/or (B) Projects for which the bond is conditioned on the payment of such taxes, increases and penalties. The Surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect loss resulting from the failure: Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the Principal) to faithfully perform the contract, or Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work. The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond. Principle and Surety agree that if the Owner is required to engage the services of an attorney in connection with enforcement of this bond each shall pay the Owner reasonable attorney’s fees, whether or not suit is commenced, in addition to the penal sum. No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety’s obligation on the Performance Bond. Surety Page 45 of 162 City of Port Orchard and Aqua Tech LLC Public Works Project No. PW2021-019 Small Works Contract No. C056-21 Rev 7/23/2020 Page 15 of 24 hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than twenty percent (20%). If any modification or change increases the total amount to be paid under the Contract, Surety’s obligation under this Performance and Payment Bond shall automatically increase in a like amount. Any such increase shall not exceed twenty-five percent (25%) of the original amount of the Performance and Payment Bond without the prior written consent of Surety. This Performance and Payment Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in Kitsap County, Washington. IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this _______ day of _________________, 20 ___. ________________________________________ _______________________________________ Principal Surety ________________________________________ _______________________________________ Signature of Authorized Official Signature of Authorized Official ________________________________________ By ____________________________________ Printed Name and Title Attorney in Fact (Attach Power of Attorney) Name and address of local office of Agent and/or Surety Company: Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications. Page 46 of 162 City of Port Orchard and Aqua Tech LLC Public Works Project No. PW2021-019 Small Works Contract No. C056-21 Rev 7/23/2020 Page 16 of 24 ACKNOWLEDGEMENT Corporation, Partnership, or Individual STATE OF ) )ss. COUNTY OF ) On this _____ day of____________, 20____, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared________________________, to me known to be the (check one of the following boxes): _______________________ of __________________________________, the corporation, _______________________ of __________________________________, the partnership, individual, that executed the foregoing instrument to be the free and voluntary act and deed of said corporation, partnership, individual for the uses and purposes therein mentioned, and on oath stated that he she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at My Commission expires: Notary Seal with Ink Stamp Page 47 of 162 City of Port Orchard and Aqua Tech LLC Public Works Project No. PW2021-019 Small Works Contract No. C056-21 Rev 7/23/2020 Page 17 of 24 SURETY ACKNOWLEDGEMENT STATE OF ) )ss. COUNTY OF ) On this _______ day of________________, 20_____, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared___________________, to me known to be the _____________________________ of________________________________, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. _____________________________________________ Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at:____________________________________ My Commission expires: _______________________ Notary Seal with Ink Stamp Page 48 of 162 City of Port Orchard and Aqua Tech LLC Public Works Project No. PW2021-019 Small Works Contract No. C056-21 Rev 7/23/2020 Page 18 of 24 CITY OF PORT ORCHARD MAINTENANCE/WARRANTY BOND (Note: Before the Performance Bond can be released the City must receive the two years Maintenance/Warranty Bond) PROJECT #, PERMIT #, PW2021-019 CONTRACT # C056-21 SURETY BOND #: DATE POSTED: EXPIRATION DATE: RE: Project Name: Cedar Heights Lift Station Valving & Piping Replacement Owner/Developer/Contractor: Project Address: 2220 Pottery Ave., Port Orchard, WA 98366 KNOW ALL PERSONS BY THESE PRESENTS: That we, (hereinafter called the "Principal"), and , a corporation organized under the laws of the State of , and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of dollars ($ ) 20% Total Contract Amount, lawful money of the United States of America, for the payment of which sum we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of the above obligation are such that: WHEREAS, the above-named Principal has constructed and installed certain improvements on public property in connection with a project as described above within the City of Port Orchard; and WHEREAS, the Principal is required to post a bond for the twenty-four (24) months following written and final acceptance of the project in order to provide security for the obligation of the Principal to repair and/or replace said improvements against defects in workmanship, materials or installation during the twenty-four (24) months after written and final approval/acceptance of the same by the City; NOW, THEREFORE, this Maintenance Bond has been secured and is hereby submitted to the City. It is understood and agreed that this obligation shall continue in effect until released in writing by the City, but only after the Principal has performed and satisfied the following conditions: A. The work or improvements installed by the Principal and subject to the terms and conditions of this Bond are as follows: (insert complete description of work here) B. The Principal and Surety agree that the work and improvements installed in the above-referenced project shall remain free from defects in material, workmanship and installation (or, in the case of landscaping, shall survive,) for a period of twenty-four (24) months after written and final acceptance of the same and approval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse or cessation of the state of the project or improvements as accepted by the City during the twenty-four (24) month period after final and written acceptance, and includes, but is not limited to, repair or replacement of defective workmanship, materials or installations. Page 49 of 162 City of Port Orchard and Aqua Tech LLC Public Works Project No. PW2021-019 Small Works Contract No. C056-21 Rev 7/23/2020 Page 19 of 24 C. The Principal shall, at its sole cost and expense, carefully replace and/or repair any damage or defects in workmanship, materials or installation to the City-owned real property on which improvements have been installed, and leave the same in as good condition as it was before commencement of the work. D. The Principal and the Surety agree that in the event any of the improvements or restoration work installed or completed by the Principal as described herein, fail to remain free from defects in materials, workmanship or installation (or in the case of landscaping, fail to survive), for a period of twenty-four (24) months from the date of approval/acceptance of the work by the City, the Principal shall repair and/replace the same within ten (10) days of demand by the City, and if the Principal should fail to do so, then the Surety shall: 1. Within twenty (20) days of demand of the City, make written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. Upon completion of the Surety's duties under either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection D(1)(b), the City shall notify the Surety of the actual cost of the remedy, upon completion of the remedy. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs which exceeded the City estimate, limited to the bond amount. 2. In the event the Principal fails to make repairs or provide maintenance within the time period requested by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of repairing or maintaining the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to repair or maintain such improvements. E. Corrections. Any corrections required by the City shall be commenced within ten (10) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this bond as described in Section D above. F. Extensions and Changes. No change, extension of time, alteration or addition to the work to be performed by the Principal shall affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. G. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby Page 50 of 162 City of Port Orchard and Aqua Tech LLC Public Works Project No. PW2021-019 Small Works Contract No. C056-21 Rev 7/23/2020 Page 20 of 24 agrees that this bond shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this bond shall be in Kitsap County Superior Court. H. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and until released in writing by the City at the request of the Surety or Principal. DATED this day of , 20__. SURETY COMPANY DEVELOPER/OWNER (Signature must be notarized) (Signature must be notarized) By: By Its Its Business Name: Business Name: Business Address: Business Address: City/State/Zip Code: City/State/Zip Code: Telephone Number: Telephone Number: CITY OF PORT ORCHARD By: Date: _________________________ Its Public Works Director/City Engineer CHECK FOR ATTACHED NOTARY SIGNATURE ____ Individual (Form P-1) ____ Corporation (Form P-2) ____ Surety Company (Form P-2) Page 51 of 162 City of Port Orchard and Aqua Tech LLC Public Works Project No. PW2021-019 Small Works Contract No. C056-21 Rev 7/23/2020 Page 21 of 24 FORM P-1 / NOTARY BLOCK (Use For Individual/Sole Proprietor Only) STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: _______________ Page 52 of 162 City of Port Orchard and Aqua Tech LLC Public Works Project No. PW2021-019 Small Works Contract No. C056-21 Rev 7/23/2020 Page 22 of 24 FORM P-2 / NOTARY BLOCK (Use For Partnership or Corporation Only) (Developer/Owner) STATE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the _________________________________ of _________________________________that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: ______________________________ ___________________________________ ___________________________________ (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: _________________________________ My Commission expires: _____________ (Surety Company) STATE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the _________________________________ of _________________________________that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: _____________________________ ___________________________________ ____________________________________ (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: _________________________________ My Commission expires: ______________ Page 53 of 162 City of Port Orchard and Aqua Tech LLC Public Works Project No. PW2021-019 Small Works Contract No. C056-21 Rev 7/23/2020 Page 23 of 24 APPENDIX A During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U .S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Page 54 of 162 City of Port Orchard and Aqua Tech LLC Public Works Project No. PW2021-019 Small Works Contract No. C056-21 Rev 7/23/2020 Page 24 of 24 Page 55 of 162 INVITATION TO BID CITY OF PORT ORCHARD CEDAR HEIGHTS LIFT STATION VALVING & PIPING REPLACEMENT PUBLIC WORKS PROJECT NO. PW2021-019 May 6, 2021 Notice is hereby given that bids will be received for the Cedar Heights Lift Station Valving & Piping Replacement Project. Interested parties should email or submit their proposals to: City of Port Orchard Public Works Department 216 Prospect Street Port Orchard, WA 98366 RE: 1TB -Cedar Heights Lift Station Valving & Piping Replacement Or email: pu bl icworks@cityof portorcha rd. us Proposals will be received until 1:00pm on May 21, 2021. No proposals time-stamped will be accepted after the above-stated time. Project Details Site(s): 2220 Pottery Ave. Port Orchard, WA 98366 Scope of Work: Removal and replacement of two (2)-4" check valves, two (2)-4" wheel plug valves, and two (2)-4" x 10' (approx.) sections of vertical discharge piping. See Appendix A for detailed description of work. Also attached is the wet well As Built for reference of associated work area. • For contractor to conduct associated work, contractor shall provide sewerage transport of incoming sewage to nearby City provided discharge site. This sewage lift station serves Cedar Heights Junior High. Work shall be performed after the last day of school (June 12, 2021) so incoming flows are minimal. • Contractor shall follow and abide by DOSH and City of Port Orchard Confined Space requirements. This project consists of work to be performed within 60 calendar days from Notice to Proceed date of June 14, 2021 and consists offurnishing all materials, equipment, tools, labor and other work or items incidental theretofore. GENERAL TERMS AND CONDITIONS 1. Per RCW 39.12.030, this is a prevailing wage contract and workers shall receive the prevailing wage rate as established by Labor and Industries (L&I). The vendor is required to pay, at a minimum, the applicable prevailing wage rates to those employees performing services under the Contract. The applicable wage rates are set forth in the State of Washington Department of Labor and Industries Prevailing Wage Rate Schedule, RCW 39.12.020. The project site is located in Kitsap County. Page 56 of 162 SCHEDULE OF CONTRACT PRICES CEDAR HEIGHTS LIFT STATION VALVING & PIPING REPLACEMENT NOTE: Lump Sum total amount shall be concurrent with Scope of Work and Work To be Performed description in Appendix A and shall include mobilization, materials, labor costs, and any other associated costs to perform contracted work. If a discrepancy between the numerical unit price and the written (words) unit price is found, the written (words) unit price shall control. Item No. 1. Estimated Quantity Lump Sum SALES TAX SP/STD STD Description of Item Removal/Replacement of (2) Wheel Plug Valves/ (2) Check Valves/ (2) Sections of Vertical Discharge Piping Unit Price $ tcvenl1 etj ~f Jbo,zs(Md f';upt,..t)t\J.,;.L.S. I (Words) Per Lump Sum Amount SUBTOTAL: $_ ..... ,.J'--""-81._.S_o_o_0 _ 0 __ SALES TAX (9%): $____,;,rf._.'$::;,,.JL<,,_5_0_c> __ _ TOTAL BID: $ ~ QC,5 ~ In accordance with Section 1-07.2(2) State Sales Tax: The Contractor shall collect from the Contracting Agency retail sales tax on the full Contract amount. Page 57 of 162 ACKNOWLEDGEMENTS CITY OF PORT ORCHARD CEDAR HEIGHTS LIFT STATION VALVING & PIPING REPLACEMENT PUBLIC WORKS PROJECT NO. PW2O21-019 The undersigned Bidder hereby agrees to start construction on this project, if awarded, no later than fourteen (14) calendar days after Notice to Proceed and to complete the project within the time stipulated in the Contract. By signing below idder acknowledges receipt of the following Addenda to the Bid Documents: Date of Receipt Addendum No. Date of Receipt Addendum No. Date of Receipt Addendum No. Date of Receipt NOTE: Failure to acknowledge receipt of Addenda may be considered as an irregularity in the Bid Proposal and Owner reserves the right to determine whether the bid will be disqualified. By signing below, Bidder certifies that he/she has reviewed the insurance provisions of the Bid Documents and will provide the required coverage. The undersigned Bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date for this Project, the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. OFFICIAL AUTHORIZED TO SIGN FOR BIDDER: "I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct." Sign Date: s Location or Place Executed (City, State): <'rt-Lu J loC0 U 8/,0-30/-3535 NOTES: If the Bidder is a co-partnership, give firm name under which business is transacted; proposal must be executed by a partner. If the Bidder is a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). Any signature must be notarized below. STATE OF )ss. Page 58 of 162 COUNTY OF I certify that I know or have satisfactory evidence that __________ signed this proposal, on oath stated that he/she was authorized to execute the proposal and acknowledged it as the _________ (title) of ________________ (name of party on behalf of whom proposal was executed) and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in this proposal. Dated this Q,, I day of M j ,20 2-/. I" ( ~ _ Notary Public ti} Ule,if/ =r~~ Y1 Printed Name~ /;, . / My Commission Expires: 7 ~;).f') J-:'-f I I Page 59 of 162 BIDDER'S QUALIFICATION FORM CllY OF PORT ORCHARD CEDAR HEIGHTS LIFT STATION VALVING & PIPING REPLACEMENT Address: 1. Name of Contractor: __ _,_)-'-----l-1 .... u'-&o,-=,.__---_.l'--'e._-=~=h.~_L_L~c~· ----------- /II S /k<ff°OCJ C,+-: Por-1 Ludlow tJ A 9f'3c.s- 2. Telephone No.( .3~) 3oJ -3.S3S ~en,a;b babfe0,1uJecl/c. #CO n--\. 3. Washington State Dept. of Labor and Industries Worker's Compensation Account No.: :)JO, '/1/3 -0 I 4. Washington State Dept. of Licensing Contractor's Registration No. AQUA TTL. '8'/7/r /... Expiration Date: -5 //3 /d-0::l.5 5. Washington State Uniform Business Identifier No. C, 0 'f -.3 $5 -9 L-/8' (Must have UBI number before the contract is awarded.) 6. Number of years engaged in contracting business under above name: _o/;;;;.._,_S _____ _ 7. At the time of bid submittal, did the contractor have a certificate of registration in compl iance with Chapter 18.27 RCW? ---~~t~S _____ _ 8. Does the contractor have industrial insurance coverage for its employees working in Washington as required in Title 51 RCW? --~"-t~S:~----- 9. Does the contractor have an employment security department number as required in Title 50 RCW? number): ODD -F 1, 1 t, z'-00-::?_ (provide 10. Does the contractor have a state excise tax registration number as required in Title 82 RCW? (provide number): L.OOo ge, C, /IS'/ 11. Has the contractor been . <;lisqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3)? ___ I_U~t0~---- 12. Has the contractor received training on the requirements related to public works and prevailing wage under chapters 39.04 and 39.12 RCW, as required in RCW 39.04.350(1)(f) __ _,1/'--'(...-S~---- 13. Within the three-year period immediately preceding the date of the bid solicitation, was the contractor (determined by a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgment entered by a court of limited or general jurisdiction) to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW? Alo 14. Has the contractor violated the "Off-site Prefabricated Non-Standard Project Specific Items" reporting requ irements more than one time as determined by the department of labor and industries? Alo 15. Particular types of construction performed by your company: Weder i tJasletvcd"t, Giu;I , Page 60 of 162 16. Gross amount of contracts now on hand:$ __ 7~6~0'-->1'---"-0~Q~O~-~-Q. _______ _ 17. List simi lar recent construction projects that your firm has done in the last 5 years: Amount Type Owner's Name Phone ✓tJj{J(l) {,y;flJ,,, j~ i,lf'(Mt>rriad'. ;JC0 -.5J5-J,Y/6 #cl~.5/S iAJtuTP 1was t✓-f#r/J/lLJod f ,;75-~ltJ -5.;y/ /tlft:JP 0.1,J!« f,pft0 ,I-, f f /yn11w~':/ eif-r: 7c2 9 f / L!JC@o J/ew p(Jh(/)5/;lo"l &1fh1)1~h /k(/s/11'[Jc;;/I, 3 {()-~ --7/YtJ 7 i ~ . ./ /JJ'qtltJJ 6,/Lr\ltr )115/4//s f/4rwa,/ J~H l/w~~ffec.3t(}-df9--2Y?f J'.@t> fl,~/4,,U lt·(t'J(tf/µl,·✓c $0-W'.-?5~ 18. What is the construction experience of the principal ind ividuals to be assigned to this project? Years of Construction Name Title Experience Availability /}ob 7J v1st£11 lb~(!_, JJ~ I _JJ /OCJ/{> ~ us/; r1 Jho111ty:, J IT /cc,% /;r~JY?aY\.. Jvslrc&tft'L Vlw!td Jf /tJ?lf{ Pursuant to RCW 39.06.020, the contractor further agrees to verify responsibility criteria for each of its subcontractors and to require each of its subcontractors to both verify responsibil ity criteria for its subcontractors and include instant condition for ve rification requirement. NOTE: Any bidder having current outstanding litigation with the City will not be considered responsible and will be By: rejected!J:be,~j_-~Jl-- .tl (Authorized Signature) Tit le: I f' ,< .t;'.C.-: 7 ti Date: 5/<P/ ~ @:J / Page 61 of 162 NON-COLLUSION DECLARATION I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: By: 1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and agreed to the provisions of this declaration. Title: P. (Authorized Signature) ~ Page 62 of 162 INVITATION TO BID CITY OF PORT ORCHARD CEDAR HEIGHTS LIFT STATION VALVING & PIPING REPLACEMENT PUBLIC WORKS PROJECT NO. PW2021-019 May 6, 2021 Notice is hereby given that bids will be received for the Cedar Heights Lift Station Valving & Piping Replacement Project. Interested parties should email or submit their proposals to: City of Port Orchard Public Works Department 216 Prospect Street Port Orchard, WA 98366 RE: ITB – Cedar Heights Lift Station Valving & Piping Replacement Or email: publicworks@cityofportorchard.us Proposals will be received until 1:00pm on May 21, 2021. No proposals time-stamped will be accepted after the above-stated time. Project Details Site(s): 2220 Pottery Ave. Port Orchard, WA 98366 Scope of Work: Removal and replacement of two (2)- 4” check valves, two (2)- 4” wheel plug valves, and two (2)- 4” x 10’ (approx.) sections of vertical discharge piping. See Appendix A for detailed description of work. Also attached is the wet well As Built for reference of associated work area. • For contractor to conduct associated work, contractor shall provide sewerage transport of incoming sewage to nearby City provided discharge site. This sewage lift station serves Cedar Heights Junior High. Work shall be performed after the last day of school (June 12, 2021) so incoming flows are minimal. • Contractor shall follow and abide by DOSH and City of Port Orchard Confined Space requirements. This project consists of work to be performed within 60 calendar days from Notice to Proceed date of June 14, 2021 and consists of furnishing all materials, equipment, tools, labor and other work or items incidental theretofore. GENERAL TERMS AND CONDITIONS 1. Per RCW 39.12.030, this is a prevailing wage contract and workers shall receive the prevailing wage rate as established by Labor and Industries (L&I). The vendor is required to pay, at a minimum, the applicable prevailing wage rates to those employees performing services under the Contract. The applicable wage rates are set forth in the State of Washington Department of Labor and Industries Prevailing Wage Rate Schedule, RCW 39.12.020. The project site is located in Kitsap County. Page 63 of 162 The prevailing wage schedule in effect for the work under the Contract will be the one in effect upon the prime contractor’s bid due date with these exceptions: o If the project is not awarded within six (6) months of the bid due date, the award date (the date the contract is executed) is the effective date. o If the project is not awarded pursuant to bids, the award date (the date the contract is executed) is the effective date. o Janitorial contracts follow WAC 296-127-023. The prime contractor bid due date is May 21, 2021. Except for janitorial contracts, the rates in effect on the bid due date shall apply for the duration of the contract (unless otherwise noted in the solicitation). It is the responsibility of the vendor to ensure the appropriate labor classification(s) are identified and that the applicable wage and benefit rates are taken into consideration when preparing their proposal according to these specifications. The selected vendor must submit to the Department of Labor and Industries, a “Statement of Intent to Pay Prevailing Wages”. A copy of the certified Intent Statement must be submitted to the City prior to payment of the first invoice. The vendor will pay promptly, when due, all wages accruing to its employees. All invoice or payment applications are required to bear the following signed statement: “I certify that wages paid under this contract are equal to or greater than the applicable wage rates set forth in the Washington State Prevailing Wage Rates for Public Works Contracts issued by the State of Washington Department of Labor and Industries.” The selected vendor must submit to the Department of Labor and Industries an “Affidavit of Wages Paid” and a copy of an approved Affidavit must be submitted at the end of the contract to the City before the last payment or any retained funds will be released. The cost of filing a Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid with the Department of Labor and Industries shall be at no additional cost to the City. The Director of the Department of Labor and Industries shall arbitrate all disputes of the prevailing wage rate, RCW 39.12.060 and WAC 296-127-060. Look up the prevailing rates of pay, benefit, and overtime codes from this link: http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp A copy of the prevailing wage rates is available for viewing at the City of Port Orchard Department of Public Works. A hard copy will be mailed upon request. For prevailing wage questions, contact the Department of Labor & Industries at PW1@Lni.wa.gov or 360-902-5335. 2. The company will submit the L&I approved Intent to Pay with the invoice. If there is more than one invoice, submit the Intent to Pay with the first invoice and submit the Affidavit with the last invoice. We will not accept the invoice without the approved Intent to Pay from L&I. 3. The successful bidder must have a City business license prior to award of contract and must be an active participate on the MRSC Small Works Roster for the City of Port Orchard. For more information regarding the MRSC, visit their website at www.mrscrosters.org. Page 64 of 162 4. A retainage of 5% will be held on all public improvement projects per RCW 60.28.011. The retainage will be released after the City is provided the Affidavit of Wages Paid and approval of the Department of Revenue. All expenses associated with the prevailing wage rules are the responsibility of the contractor. 5. The company is required to have the following liability insurance and list the City of Port Orchard as a “Named Insured” on the company’s policy. a. $1,000,000 Property Damage b. $1,000,000 Bodily Injury 6. A Performance & Payment Bond at 100% of the Contract Value. 7. A two-year Maintenance Bond at 20% of the Contract Value. 8. Contractor Disqualification A bidder will be deemed not responsible and the proposal rejected if the bidder does not meet the following responsibility criteria set forth in RCW 39.04.350: 1. Before award of a public works contract, a bidder must meet the following responsibility criteria to be considered a responsible bidder and qualified to be awarded a public works project. The bidder must: a. At the time of bid submittal, have a certificate of registration in compliance with chapter 18.27 RCW; b. Have a current state unified business identifier number; c. If applicable, have industrial insurance coverage for the bidder's employees working in Washington as required in Title 51 RCW; an employment security department number as required in Title 50 RCW; and a state excise tax registration number as required in Title 82 RCW; d. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3); e. If bidding on a public works project subject to the apprenticeship utilization requirements in RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the date of the bid solicitation; f. Have received training on the requirements related to public works and prevailing wage under this chapter and chapter 39.12 RCW. The bidder must designate a person or persons to be trained on these requirements. The training must be provided by the department of labor and industries or by a training provider whose curriculum is approved by the department. The department, in consultation with the prevailing wage advisory committee, must determine the length of the training. Bidders that have completed three or more public works projects and have had a valid business license in Washington for three or more years are exempt from this subsection. The department of labor and industries must keep records of entities that have satisfied the training requirement or are exempt and make the records available on its web site. Responsible parties may rely on the records made Page 65 of 162 available by the department regarding satisfaction of the training requirement or exemption; and g. Within the three-year period immediately preceding the date of the bid solicitation, not have been determined by a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW. 2. A bidder may be deemed not responsible and the proposal rejected if: a. More than one proposal is submitted for the same project from a bidder under the same or different names; b. Evidence of collusion exists with any other bidder or potential bidder. Participants in collusion will be restricted from submitting further bids; c. The bidder, in the opinion of the Contracting Agency, is not qualified for the work or to the full extent of the bid, or to the extent that the bid exceeds the authorized prequalification amount as may have been determined by a prequalification of the bidder; d. An unsatisfactory performance record exists based on past or current Contracting Agency work or for work done for others, as judged from the standpoint of conduct of the work; workmanship; progress; affirmative action; equal employment opportunity practices; or Disadvantaged Business Enterprise, Minority Business Enterprise, or Women’s Business Enterprise utilization; e. There is uncompleted work (Contracting Agency or otherwise) which might hinder or prevent the prompt completion of the work bid upon; f. The bidder failed to settle bills for labor or materials on past or current contracts; g. The bidder has failed to complete a written public contract or has been convicted of a crime arising from a previous public contract; h. The bidder is unable, financially or otherwise, to perform the work; or i. There are any other reasons deemed proper by the Contracting Agency. Americans with Disabilities Act (ADA) Information The City of Port Orchard in accordance with Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA), commits to nondiscrimination on the basis of disability, in all of its programs and activities. This material can be made available in an alternate format by emailing the Human Resources Department at dlund@cityofportorchard.us or by calling (360) 876-7014. Title VI Statement The City of Port Orchard in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award.” Notice is given to all potential bidders that any bid responses may be subject to release under the Public Records Act Chapter 42.56 RCW and the City may be required to disclose bid responses upon a request. Bidders are advised to mark any records believed to be trade secrets or confidential in Page 66 of 162 nature as “confidential.” If records marked as “confidential” are found to be responsive to the request for records, the City may elect to give notice to the bidder of the request so as to allow the bidder to seek a protective order from a Court. Please be advised, however, that any records deemed responsive to a public records request may be released at the sole discretion and without notice by the City. All questions or comments regarding the bid or to schedule a walk thru to see lift station should be directed to Tony Lang at tlang@cityofportorchard.us or call 360.535.2490. Unauthorized contact regarding this notice with other City employees may result in disqualification. Any oral communications will be considered unofficial and non-binding on the City. The award of the Contract will go to the qualified bidder submitting the lowest responsible bid. The City reserves the right to reject any and all submittals and to waive irregularities and informalities in the submittal and evaluation process. This notice does not obligate the City to pay any costs incurred by bidders in the preparation and submission of their bids. Submittal Checklist o Schedule of Contract Prices o Acknowledgements o Bidder’s Qualification Form – the Owner reserves the right to check all statements and to judge the adequacy of the Bidders qualifications o Non-collusion Declaration Page 67 of 162 SCHEDULE OF CONTRACT PRICES CEDAR HEIGHTS LIFT STATION VALVING & PIPING REPLACEMENT NOTE: Lump Sum total amount shall be concurrent with Scope of Work and Work To be Performed description in Appendix A and shall include mobilization, materials, labor costs, and any other associated costs to perform contracted work. If a discrepancy between the numerical unit price and the written (words) unit price is found, the written (words) unit price shall control. Item No. Estimated Quantity SP/STD Description of Item Unit Price Amount 1. Lump Sum STD Removal/Replacement of (2) Wheel Plug Valves/ (2) Check Valves/ (2) Sections of Vertical Discharge Piping $ L.S. $____________ (Words) Per Lump Sum SUBTOTAL: $____________________________ SALES TAX (9%): $____________________________ TOTAL BID: $____________________________ SALES TAX In accordance with Section 1-07.2(2) State Sales Tax: The Contractor shall collect from the Contracting Agency retail sales tax on the full Contract amount. Page 68 of 162 APPENDIX A WORK TO BE PERFORMED All removal and replacement work shall be completed on two (2) separate sewerage pump 4” vertical discharges. Description below reflects the scope of work for the removal/replacement of one (1) vertical discharge, check valve, isolation valve. Wet well access is through a 48-inch diameter HDPE access cover. The wet well is approximately 25-feet deep. Area of work is approximately 13-feet to 24-feet below rim level. Contractor shall be responsible for removal of existing/incoming sewage to allow personnel into wet well. City will provide a nearby transfer manhole for off-loading of transported sewage. 1. Remove 4” check valve, 4” wheeled gate valve, and 10’ (approx.) of Schedule 80 discharge piping. 2. Install 4” check valve (FLxFL), 4” wheel plug valve (FLxFL), and 10’ (approx.) of 4” Class 52 Ductile Iron. • 4” ball check valve shall be (FLxFL) Ductile Iron with NITRILE covered metal sinking ball. Valve body shall have an access cover for maintenance purposes. • 4” wheel handle plug valve shall be (FLxFL) Cast Iron. • Replacement discharge piping shall be spooled 4” (FL x FL) Class 52 Ductile Iron. *Contractor needs to field verify length of spool required for each 4” discharge so corresponding replacement check valve and plug valve will fit accordingly. *All replacement gaskets shall be Full Face Neoprene. All flange bolt kits shall be 316 Stainless Steel* 3. Wet well shall be cleaned of any construction debris before start-up. All piping and valves shall shall be checked for leaks and fixed accordingly. Page 69 of 162 ACKNOWLEDGEMENTS CITY OF PORT ORCHARD CEDAR HEIGHTS LIFT STATION VALVING & PIPING REPLACEMENT PUBLIC WORKS PROJECT NO. PW2021-019 The undersigned Bidder hereby agrees to start construction on this project, if awarded, no later than fourteen (14) calendar days after Notice to Proceed and to complete the project within the time stipulated in the Contract. By signing below, Bidder acknowledges receipt of the following Addenda to the Bid Documents: ________________ ________________ ________________ ________________ Addendum No. Date of Receipt Addendum No. Date of Receipt ________________ ________________ ________________ ________________ Addendum No. Date of Receipt Addendum No. Date of Receipt NOTE: Failure to acknowledge receipt of Addenda may be considered as an irregularity in the Bid Proposal and Owner reserves the right to determine whether the bid will be disqualified. By signing below, Bidder certifies that he/she has reviewed the insurance provisions of the Bid Documents and will provide the required coverage. The undersigned Bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date for this Project, the bidder is not a “willful” violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. OFFICIAL AUTHORIZED TO SIGN FOR BIDDER: “I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.” Signature: Date: Printed Name and Title: Location or Place Executed (City, State): Business Address: Business Telephone: NOTES: If the Bidder is a co-partnership, give firm name under which business is transacted; proposal must be executed by a partner. If the Bidder is a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). Any signature must be notarized below. STATE OF ) )ss. Page 70 of 162 COUNTY OF ) I certify that I know or have satisfactory evidence that ______________________ signed this proposal, on oath stated that he/she was authorized to execute the proposal and acknowledged it as the ______________________ (title) of ______________________________________ (name of party on behalf of whom proposal was executed) and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in this proposal. Dated this ______ day of ________________, 20____. _______________________________________ Notary Public _______________________________________ Printed Name My Commission Expires: __________________ Page 71 of 162 BIDDER’S QUALIFICATION FORM CITY OF PORT ORCHARD CEDAR HEIGHTS LIFT STATION VALVING & PIPING REPLACEMENT 1. Name of Contractor: ________________________________________________________________ Address: __________________________________________________________________________ 2. Telephone No.(______) ______________________ Fax No.: (______)_________________________ 3. Washington State Dept. of Labor and Industries Worker’s Compensation Account No.: ___________ 4. Washington State Dept. of Licensing Contractor’s Registration No. ______________________ Expiration Date: _________________ 5. Washington State Uniform Business Identifier No. ________________________________________ (Must have UBI number before the contract is awarded.) 6. Number of years engaged in contracting business under above name: ______________________ 7. At the time of bid submittal, did the contractor have a certificate of registration in compliance with Chapter 18.27 RCW? __________________________ 8. Does the contractor have industrial insurance coverage for its employees working in Washington as required in Title 51 RCW? ___________________________ 9. Does the contractor have an employment security department number as required in Title 50 RCW? (provide number): ________________________ 10. Does the contractor have a state excise tax registration number as required in Title 82 RCW? (provide number): ______________________________ 11. Has the contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3)? _________________________ 12. Has the contractor received training on the requirements related to public works and prevailing wage under chapters 39.04 and 39.12 RCW, as required in RCW 39.04.350(1)(f) ______________________ 13. Within the three-year period immediately preceding the date of the bid solicitation, was the contractor (determined by a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgment entered by a court of limited or general jurisdiction) to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW? _____________________ 14. Has the contractor violated the “Off-site Prefabricated Non-Standard Project Specific Items” reporting requirements more than one time as determined by the department of labor and industries? _________ 15. Particular types of construction performed by your company: Page 72 of 162 16. Gross amount of contracts now on hand: $ 17. List similar recent construction projects that your firm has done in the last 5 years: Amount Type Owner’s Name Phone 18. What is the construction experience of the principal individuals to be assigned to this project? Name Title Years of Construction Experience Availability Pursuant to RCW 39.06.020, the contractor further agrees to verify responsibility criteria for each of its subcontractors and to require each of its subcontractors to both verify responsibility criteria for its subcontractors and include instant condition for verification requirement. NOTE: Any bidder having current outstanding litigation with the City will not be considered responsible and will be rejected by the City. By: _______________________________________ (Authorized Signature) Title: _______________________________________ Date: _______________________________________ Page 73 of 162 NON-COLLUSION DECLARATION I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and agreed to the provisions of this declaration. By: _______________________________________ (Authorized Signature) Title: _______________________________________ Page 74 of 162 Page 75 of 162 Page 76 of 162 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7D Meeting Date: June 8, 2021 Subject: Adoption of a Resolution Approving a Contract Prepared by: Mark Dorsey, P.E. with Olson Brothers Pro-Vac, LLC for the 2021 Public Works Director Stormwater Catch Basin and Pipe Maintenance Project Atty Routing No: 366922.0015 Atty Review Date: May 31, 2021 Summary: By this Resolution, the City Council would authorize the Mayor to execute a contract with Olson Brothers Pro-Vac, LLC for the 2021 Stormwater Catch Basin and Pipe Maintenance Project. On May 10, 2021, Public Works staff established a list of qualified contractors from the 2021 MRSC Small Works Roster for the Main Category – Storm Drainage Facility Construction, Repair and Maintenance and Sub-Category – Catch Basin Cleaning/Vactoring/Jet Rodding, to perform the 2021 Stormwater Catch Basin and Pipe Maintenance Project. A copy of that list of qualified contractors is attached to the Resolution as Exhibit A. On May 10, 2021, and pursuant to Resolution No. 019-17 (see Section 5 – Bid Procedures), the City’s Public Works Department emailed an Invitation to Bid for 2021 Stormwater Catch Basin and Pipe Maintenance to five (5) qualified contractors on the list. Two (2) bids were timely received by the deadline, at which time Olson Brothers Pro-Vac, LLC was deemed the presumed responsive and qualified low bidder. Final bid amounts were as follows: Name of Contractor Bid Total Olson Brothers Pro-Vac $63,773.41 Drain Pro Inc $93,792.32 On May 24, 2021, the City’s Public Works Department Staff completed the MRSC Mandatory Bidder Responsibility Checklist and determined that the Olson Brothers Pro-Vac, LLC bid of $63,773.41 (applicable tax included) was the lowest qualified bid. The Public Works Department has confirmed that the bidding procedures for Public Works have been followed. Recommendation: Staff recommends that the City Council adopt Resolution No. 040-21, authorizing the Mayor to execute Contract No. C057-21 with Olson Brothers Pro-Vac, LLC for the 2021 Stormwater Catch Basin and Pipe Maintenance Project in the amount of $63,773.41. Relationship to Comprehensive Plan: Utilities – Stormwater. Motion for Consideration: I move to adopt Resolution No. 040-21, authorizing the Mayor to execute Contract No. C057-21 with Olson Brothers Pro-Vac, LLC for the 2021 Stormwater Catch Basin and Pipe Maintenance Project in the amount of $63,773.41. Page 77 of 162 Staff Report 7D Page 2 of 2 Fiscal Impact: The 2021-2022 Biennial Budget allocated $150,000.00 for this activity. (421.05.531.20.40). Alternatives: Do not approve. Attachments: Resolution No. 040-21, Ex. A – MRSC Roster, Ex. B - Small Works Contract No. C057-21, Schedule of Contract Prices, and Invitation to Bid. Page 78 of 162 RESOLUTION NO. 040-21 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING SMALL WORKS CONTRACT NO. C057-21 WITH OLSON BROTHERS PRO-VAC, LLC FOR THE 2021 STORMWATER CATCH BASIN AND PIPE MAINTENANCE PROJECT AND DOCUMENTING THE SMALL PUBLIC WORKS ROSTER PROCUREMENT PROCEDURES. WHEREAS, as performed annually since 2013, the Municipal Research and Services Center of Washington (MRSC) solicited on behalf of participating local government agencies within Washington State (including the City of Port Orchard) for the 2021 MRSC Small Public Works Roster; and WHEREAS, on May 10, 2021, pursuant to RCW 39.04.155, the City’s Public Works Department established a roster of qualified contractors from the 2021 Small Works Roster, a copy of which is attached hereto as Exhibit A, for the Main Category – Storm Drainage Facility Construction, Repair and Maintenance and Sub-Category – Catch Basin Cleaning/Vactoring/Jet Rodding; and WHEREAS, on May 10, 2021, and pursuant to Resolution No. 019-17, Section 5.0 Bid Procedures, the City’s Public Works Department issued an email Invitation to Bid for 2021 Stormwater Catch Basin and Pipe Maintenance Project to the contractors on the selected roster; and WHEREAS, on May 24, 2021, the City’s Public Works Department received two (2) bids by the deadline, and Olson Brothers Pro-Vac, LLC submitted the apparent lowest, qualified Bid for the 2021 Stormwater Catch Basin and Pipe Maintenance Project; and WHEREAS, on May 24, 2021, the City’s Public Works Department completed the MRSC Mandatory Bidder Responsibility Checklist and confirmed Olson Brothers Pro-Vac, LLC as the lowest, qualified bidder; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor’s Office, wishes to document their selection/procurement process as described above for this particular contract by Resolution; Now, Therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. Page 79 of 162 Resolution No. 040-21 Page 2 of 2 THAT: The City Council approves and authorizes the Mayor to execute Contract No. C057-21 with Olson Brothers Pro-Vac, LLC for the 2021 Stormwater Catch Basin and Pipe Maintenance Project, a copy of which is attached hereto as Exhibit B and incorporated herein by this reference. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 8th day of June 2021. ____________________________________ Robert Putaansuu, Mayor ATTEST: ____________________________ Brandy Rinearson, MMC, City Clerk Page 80 of 162 Page 81 of 162 City of Port Orchard and Olson Brothers Pro-Vac, LLC Public Works Project No. PW2021-020 Rev 5/1/2020 Small Works Contract No. C057-21 Page 1 of 24 CITY OF PORT ORCHARD SMALL WORKS OVER $35K CONSTRUCTION CONTRACT NO. C057-21 PUBLIC WORKS PROJECT NO. PW2021-020 THIS Agreement is made effective as of the 8th day of June, 2021, by and between CITY OF PORT ORCHARD, WASHINGTON (“CITY”) 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and Olson Brothers Pro-Vac, LLC (“CONTRACTOR”) 2412 Inter Avenue Puyallup, WA 98372 Contact: Melanie Ross Phone: 253.435.4328 Email: melanie.ross@pro-vac.com for the following Project: 2021 Stormwater Catch Basin & Pipe Maintenance (“PROJECT”) The City and Contractor agree as follows: 1. Contract Documents. The Contractor shall complete the Work described in the Contract Documents for the Project. The following documents are collectively referred to as the “Contract Documents”: a. This Agreement signed by the City and the Contractor; b. Division 1 of WSDOT Standard Specifications for Road, Bridge and Municipal Construction, 2018 edition, together with APWA Supplement (1-99), subject to specific provisions contained within the Public Works Terms and Conditions; c. The attached Special Provisions, Plans and Specifications; d. 2015 International Building Code (IBC) and 2015 Energy Code Compliance; e. Written change orders or orders for minor changes in the Work issued after execution of this Agreement; f. Public Works Terms and Conditions; g. Insurance and Bonding Requirements; h. The Invitation to Bid, and bid proposal submitted by the Contractor, except when inconsistent with Contract Documents a-g; and Page 82 of 162 City of Port Orchard and Olson Brothers Pro-Vac, LLC Public Works Project No. PW2021-020 Rev 5/1/2020 Small Works Contract No. C057-21 Page 2 of 24 i. City of Port Orchard Development Guidelines. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. These Contract Documents complement each other in describing a complete work. Any requirement in one document binds as if stated in all. The Contractor shall provide any work or materials clearly implied in the Contract even if the Contract does not mention it specifically. 2. Date of Commencement and Substantial Completion Date. The date of commencement shall be 7 days after Notice to Proceed. The Contractor shall substantially complete the Work not later than September 10, 2021, subject to adjustment by change order. 3. The Contractor shall do all work and furnish all tools, materials, and equipment in accordance with the above described Construction Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing of the work provided for in these Construction Contract Documents, except those items mentioned therein to be furnished by the City. 4. Subject to additions and deductions by change order, the construction Contract Sum is the base bid amount of $63,773.41 (including applicable sales tax). The construction Contract Sum shall include all items and services necessary for the proper execution and completion of the work. The City hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the work described in the Construction Contract Documents and to complete and finish the same according to the plans and specifications and the terms and conditions herein contained; and hereby contracts to pay for the same at the time and in the manner and upon the conditions provided for in this Contract. 5. The Contractor agrees to comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The Contractor agrees to furnish insurance of the types and in the amounts set forth in the Construction Contract Documents. 6. The Contractor agrees to repair and replace all property of the City and all property of others damaged by himself, his employees, and sub-contractors. 7. The Contractor for himself and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein upon the part of the Contractor. 8. It is further provided that no liability shall attach to the City of Port Orchard by reason of entering into this Construction Contract, except as expressly provided herein. 9. Title VI Page 83 of 162 City of Port Orchard and Olson Brothers Pro-Vac, LLC Public Works Project No. PW2021-020 Rev 5/1/2020 Small Works Contract No. C057-21 Page 3 of 24 The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Contractor will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income-level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor’s obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income-level, or LEP. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Contractor’s noncompliance with the Non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Contractor under the Agreement until the contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or Page 84 of 162 City of Port Orchard and Olson Brothers Pro-Vac, LLC Public Works Project No. PW2021-020 Rev 5/1/2020 Small Works Contract No. C057-21 Page 4 of 24 supplier because of such direction, the Contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed on the date first written above. CITY OF PORT ORCHARD CONTRACTOR ____________________________ ____________________________ Robert Putaansuu, Mayor By: Its: ATTEST/AUTHENTICATE: ______________________________ Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: ______________________________ Charlotte A. Archer, City Attorney Page 85 of 162 City of Port Orchard and Olson Brothers Pro-Vac, LLC Public Works Project No. PW2021-020 Rev 5/1/2020 Small Works Contract No. C057-21 Page 5 of 24 CERTIFICATE AS TO CORPORATE PRINCIPAL I, ____________________________________ (Corporate Officer (Not Contract Signer)) certify that I am the _________________________________________ (Corporate Title) of the corporation named as the Contractor in the Agreement attached hereto; that _______________________________, (Contract Signer) who signed said Agreement on behalf of the Contractor, was then __________________________ (Corporate Title) of said corporation; that said Agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Corporate Seal ______________________________________ Corp. officer signature (not contract signer) ______________________________________ Printed ______________________________________ Title State of ____________ ) County of __________ ) _____________________________________, (corporate officer (not contract signer)) being duly sworn, deposes and says that he/she is _____________________________ (Corporate Title) of ______________________________ (Name of Corporation) Subscribed and sworn to before me this _______ day of _____________, 20______ ______________________________ Notary Public (Signature) ______________________________ Notary Public (Print) My commission expires____________ Page 86 of 162 City of Port Orchard and Olson Brothers Pro-Vac, LLC Public Works Project No. PW2021-020 Rev 5/1/2020 Small Works Contract No. C057-21 Page 6 of 24 CITY OF PORT ORCHARD PUBLIC WORK PROJECT TERMS AND CONDITIONS The following terms and conditions shall be used in conjunction with the Standard Specifications for Road, Bridge and Municipal Construction, 2018 edition, together with the APWA Supplement (Section 1-99), as issued by the Washington State Department of Transportation and American Public Works Association, Washington State Chapter, hereinafter referred to as the "standard specifications". The standard specifications, except as they may be modified or superseded by these provisions, shall govern all phases of work under this Contract, and they are by reference made an integral part of these specifications and Contract as if herein fully set forth. When the provisions of the standard specification conflict with the terms and conditions as contained herein, the terms and conditions shall prevail. 1. BID PRICE: The bid price(s) shall include all necessary permits, fees and items of labor, material, equipment, tools, overhead and compensation, supplies, taxes, utilities and other incidentals necessary to complete the work in a fully functional and operational state. All prices including bid prices are in US funds. 2. DEFINITIONS: The term “City” means Port Orchard, Washington, “successful bidder” means the apparent lowest and best responsible bidder to whom an award is made, and “Contractor” means the successful bidder who has satisfied the requirements for the award and who receives a contract executed by the City. “Bidder” means the person, firm or corporation that has made an offer in response to the invitation to bid. “Work” means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. 3. LICENSING AND REGISTRATION: The Contractor must have a Washington State certificate of registration per chapter 18.27 RCW; a current state unified business identifier number; and if applicable, industrial insurance coverage for the bidder's employees working in Washington, an Employment Security Department number, and a state excise tax registration number. In addition, the bidder must not be disqualified from bidding on any public works contracts under RCW 39.06.010 or 39.12.065(3). 4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law. Bidders are warned to take into consideration statutory legal requirements, particularly, the payment of prevailing wages and fringe benefits, payment and performance bonds and sales tax implications in making their bids. It is the sole responsibility of the bidder to insure that the appropriate labor classification(s) are identified and that the applicable wage and benefit rates are taken into consideration when preparing their bid according to these specifications. The Contractor shall complete and file State of Washington, Department of Labor & Industries, Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall familiarize itself with their requirements. The Contractor shall also be responsible for and pay all costs pertaining to the processing of these forms. 5. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in the Attachment entitled “Insurance Requirements.” 6. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents will be by written addenda only. Page 87 of 162 City of Port Orchard and Olson Brothers Pro-Vac, LLC Public Works Project No. PW2021-020 Rev 5/1/2020 Small Works Contract No. C057-21 Page 7 of 24 7. PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby proposes to perform all work for this project in strict accordance with the Contract Documents, at the Contract Sum, and within the time set forth herein with the understanding that time is of the essence in the performance of this Contract. 8. TAXES: Proposals shall include all applicable taxes except sales tax, which is a separate bid item. It shall be the Bidder's responsibility to furnish Federal Excise Tax Exemption Certificate, when applicable. 9. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error. 10. PERMITS AND FEES: The Contractor shall furnish all permits, inspection fees, and fees required in the performance of this Contract, including those charged under RCW 39.12.070 by the Department of Labor and Industries for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid, etc. The Department may also charge fees to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The Contractor is responsible for all fees resulting from these statutes. 11. CONTRACT: The Contract Documents (“Contract”), when properly signed, will be the only form that will be recognized by the City as an award. The executed Contract supersedes all previous communications and negotiations, except as referenced herein, and constitutes the entire agreement between the City and Contractor (parties), except as provided herein. The Contractor shall not make any changes, alterations, or variations in the terms of the Contract without the written consent of the City. No terms stated by the Bidder in its proposal shall be binding on the City unless accepted in writing by the City. The successful bidder may not assign the Contract resulting from this invitation to bid without the City’s prior written consent. No waiver by the City of a breach of any provision of the terms and conditions outlined in the invitation to bid shall constitute a waiver of any other breach of such provision or of any other provisions. 12. CHANGE ORDERS: If the City or the Contractor requests a change in the Work, or either party believes that a change is necessary, then the parties shall comply with the following procedure to document and reflect a change in the Work: (a) The party requesting the change shall write a description of the change and give the description to the other party (the “Change Notice”); (b) Before proceeding with the change in Work, unless otherwise excused by emergency, the Contractor shall provide the City with a fixed-price written estimate of the cost and time impact of the change in Work; and (c) The City and the Contractor shall execute a Change Order confirming their agreement as to the change in Work, the fixed-price cost, and the extension of the Substantial Completion Date, if any. If the change in Work cannot be performed on a fixed-price basis, the Change Order shall identify the agreed method of compensation. 13. CHANGE DIRECTIVES: A “Change Directive” is a written order signed by the City, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Substantial Completion Date, or both. The City may by Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Substantial Completion Date being adjusted accordingly. A Change Directive shall only be used in the absence of total agreement on the terms of a Change Order. Upon receipt of a Change Directive, the Contractor shall promptly proceed with the change in the Work and advise the City of its agreement or disagreement with the proposed method for determining the proposed adjustment in the Contract Sum and/or Substantial Completion Date, if any, provided in the Change Directive. A Change Directive signed by the Contractor indicates agreement with all terms set forth in the Change Directive. Such agreement shall be effective immediately and shall be recorded as soon as practical with a Change Page 88 of 162 City of Port Orchard and Olson Brothers Pro-Vac, LLC Public Works Project No. PW2021-020 Rev 5/1/2020 Small Works Contract No. C057-21 Page 8 of 24 Order. If the parties are unable to agree on an adjustment to the Contract Sum and/or Substantial Completion Date, if any, then either party may submit the matter for determination in accordance with Section 21. 14. MINOR CHANGES IN THE WORK: The City shall have the authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Substantial Completion Date and not inconsistent with the Contract documents. The Contractor shall promptly carry out such written orders for minor changes in the Work. 15. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full compliance with all applicable local, state or federal laws and regulations and agrees to indemnify and defend the City against any loss, cost, liability or damage, including reasonable attorney’s fees, by reason of successful bidder's violation of this paragraph. 16. INDEMNIFICATION: All services to be rendered or performed under this Contract will be rendered or performed entirely at the Contractor’s own risk. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Contract, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Contract 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 officers, officials, employees 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 THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR’S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE PARTIES. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT. 17. TERMINATION: This Contract may be terminated in whole or in part, without penalty to the City, under the following conditions: 1) by mutual written agreement; 2) by the City for breach by the Contractor of any of the obligations or requirements set forth in the Contract Documents which would, at the option of the City, require the Contractor to assume liability for any and all damages, including the excess of re-procuring similar products or services; 3) for convenience of the City; or 4) by the City for non-appropriation of funds. 18. TERMINATION BY THE CITY WITHOUT CAUSE: Notwithstanding any other provisions contained herein, the City, without cause, may terminate the Contract between the parties by providing notice to the Contractor. Upon termination under this section: 1) All remaining obligations of the parties are discharged, but any right based upon breach or performance occurring prior to termination survives; 2) If the reasonable costs of performance incurred by the Contractor prior to termination exceed the amount paid by the City to the Contractor on the Contract Sum, the City shall reimburse the Contractor in the amount of such excess; 3) If the amount paid by the City to the Contractor on the Contract Sum exceeds the reasonable costs of performance incurred by the Contractor prior to termination, the Contractor shall reimburse the City in the amount of such excess; and 4) Any funds obtained or retained by the Contractor as provided in subsections 2) or 3), above, shall constitute full payment and consideration for the services performed by the Contractor prior to termination. Page 89 of 162 City of Port Orchard and Olson Brothers Pro-Vac, LLC Public Works Project No. PW2021-020 Rev 5/1/2020 Small Works Contract No. C057-21 Page 9 of 24 19. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with these terms and conditions, notwithstanding any previous custom, practice, or course of dealing to the contrary. 20. PAYMENT: Contractor shall maintain time and expense records and provide them to the City along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If the services rendered to not meet the requirements of the Contract, Contractor will correct or modify the work to comply with the Contract. City may withhold payment for such work until the work meets the requirements of the Contract. 21. DISPUTE RESOLUTION: In the event there is a dispute between the parties, the parties agree to resolve that dispute in the following manner: (a) The parties shall attempt in good faith to resolve any dispute promptly through negotiation. Either party may give the other party written notice that a dispute exists (a “Notice of Dispute”). The Notice of Dispute shall include a statement of such party’s position. Within ten (10) days of the delivery of the Notice of Dispute, the parties shall meet at a mutually acceptable time and place and attempt to resolve the dispute; (b) If the parties are unable to resolve the dispute, they may elect to submit the dispute to mediation. The cost of the mediation shall be borne equally by the parties. The mediator shall be selected by the mutual agreement of the parties; (c) If the mediation does not result in a settlement of the dispute, the dispute shall be settled by binding arbitration by the Judicial Arbitration and Mediation Services (“JAMS”) in accordance with the then operative construction rules of JAMS. The parties may select an arbitrator by mutual agreement, or if unable to agree, the arbitrator will be selected pursuant to the rules of JAMS. The parties shall be bound by the decision of such arbitrator. The arbitration shall be conducted in Kitsap County, Washington; provided, if JAMS is unable to conduct the arbitration in Kitsap County, then the arbitration shall be held in such location as the parties may agree after consulting with JAMS. Page 90 of 162 City of Port Orchard and Olson Brothers Pro-Vac, LLC Public Works Project No. PW2021-020 Rev 5/1/2020 Small Works Contract No. C057-21 Page 10 of 24 CITY OF PORT ORCHARD INSURANCE REQUIREMENTS The Contractor shall procure and maintain for the duration of the Contract with the City, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees and subcontractors. No Limitation. The Contractor’s maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. Minimum Scope of Insurance. The Contractor shall obtain insurance of the types described below: • Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. • Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations, personal injury and advertising injury and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named by endorsement as an additional insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG or substitute endorsements providing equivalent coverage. • Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. • Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and Sub-subcontractors in the work. Builders Risk insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal. The Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. Page 91 of 162 City of Port Orchard and Olson Brothers Pro-Vac, LLC Public Works Project No. PW2021-020 Rev 5/1/2020 Small Works Contract No. C057-21 Page 11 of 24 • Employer’s Liability insurance limit of $1,000,000 each accident, Employer’s Liability Disease each employee $1,000,000 and Employer’s Liability Disease – Policy limit $1,000.000. Minimum Amounts of Insurance. The Contractor shall maintain the following insurance limits: • Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000.000 per accident. • Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products- completed operations aggregate limit. • Builders Risk insurance shall be written in the amount of the completed value of the project with no coinsurance provisions. Other Insurance Provisions. The Contractor’s Automobile Liability, Commercial General Liability and Builders Risk insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respects the City (as applicable to each line of coverage). The Consultant’s insurance coverage shall be primary insurance as respect the City. Any insurance, self- insurance or insurance pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it. If any coverage is written on a “claims made” basis, then a minimum of three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided by the City. Contractor’s Insurance for Other Losses. The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, including but not limited to the Contractor’s employee-owned tools, machinery, equipment or motor vehicles owned or rented by the Contractor, or the Contractor’s agents, suppliers or contractors as well as any temporary structures, scaffolding and protective fences. Waiver of Subrogation. The Contractor waives all rights against the City, any of its Subcontractors, Sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to this Insurance Requirements Section of the Contract or other property insurance applicable to the work. The Contractor’s insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. The City will not waive its right to subrogation against the Contractor. The Contractor’s insurance shall be endorsed acknowledging that the City will not waive its right to subrogation. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Verification of Coverage. The Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional Page 92 of 162 City of Port Orchard and Olson Brothers Pro-Vac, LLC Public Works Project No. PW2021-020 Rev 5/1/2020 Small Works Contract No. C057-21 Page 12 of 24 insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this project. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. Notice of Cancellation. The Consultant shall provide thirty (30) days written notice by certified mail, return receipt requested, to the City prior to the cancellation or alteration of coverage. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. Failure to Maintain Insurance. The insurance required by this Section will not be canceled, materially changed or altered without forty-five (45) days prior written notice submitted to the City. Failure on the part of the Contractor to maintain insurance as required shall constitute a material breach of contract, upon which the City 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 City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. Page 93 of 162 City of Port Orchard and Olson Brothers Pro-Vac, LLC Public Works Project No. PW2021-020 Rev 5/1/2020 Small Works Contract No. C057-21 Page 13 of 24 CITY OF PORT ORCHARD DECLARATION OF OPTION FOR PERFORMANCE BOND OR ADDITIONAL RETAINAGE (APPLICABLE TO CONTRACTS OF $150,000 OR LESS –RCW 39.08.010) Note: This form must be submitted at the time the Contractor executes the Contract. The Contractor shall designate the option desired by checking the appropriate space. 1. The Contractor shall provide 5% retainage, pursuant to RCW 60.28.011(1)(a). 2. In addition, the Contractor elects to (select one): ________(1) Furnish a performance bond in the amount of the total contract sum. An executed performance bond on the required form is included with the executed contract documents. ________(2) Have the City retain, in lieu of the performance and payment bonds, ten percent (10%) of the total contract amount for a period of thirty days after date of final acceptance, or until receipt of all necessary releases from the department of revenue and the department of labor and industries and settlement of any liens filed under chapter 60.28 RCW, whichever is later. RCW 39.08.010. In choosing option 2, the Contractor agrees that if the Contractor, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract, and shall faithfully perform all the provisions of such Contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of the Contract that may hereafter be made, at the time and in the manner therein specified, and shall pay all laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or her part, and shall defend, indemnify, and save harmless the City of Port Orchard, Washington, its officers and agents from any claim for such payment, then the funds retained in lieu of a performance bond shall be released at the time provided in said option 2; otherwise, the funds shall be retained until the Contractor fulfills the said obligations. __________________________________ Contractor Signature, Date____________ Bond No. _______________________________ Page 94 of 162 City of Port Orchard and Olson Brothers Pro-Vac, LLC Public Works Project No. PW2021-020 Rev 5/1/2020 Small Works Contract No. C057-21 Page 14 of 24 PERFORMANCE AND PAYMENT BOND CITY OF PORT ORCHARD 2021 STORMWATER CATCH BASIN & PIPE MAINTENANCE CONTRACT NO. C057-21 Bond to City of Port Orchard, Washington Bond No. _____________ We, ___________________________________, and _________________________________________, (Principal) (Surety) a _________________________________ Corporation, and as a surety corporation authorized to become a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and severally bound to the City of Port Orchard, Washington (“Owner”), in the penal sum of _________________________________________________________ Dollars ($_________________), the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators, executors, or personal representatives, as the case may be. This Performance Bond is provided to secure the performance of Principal in connection with a contract dated_____________, 20___, between Principal and Owner for a project entitled 2021 Stormwater Catch Basin & Pipe Maintenance Contract No. C057- 21 (“Contract”). The initial penal sum shall equal 100 percent of the Total Bid Price, including sales tax, as specified in the Proposal submitted by Principal. NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon the condition that Principal: Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and within the time specified as may be extended under the Contract; Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material persons, and all other persons or agents who supply labor, equipment, or materials to the Project; and • Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82 RCW on: (A) Projects referred to in RCW 60.28.011(1)(b); and/or (B) Projects for which the bond is conditioned on the payment of such taxes, increases and penalties. The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect loss resulting from the failure: Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the Principal) to faithfully perform the contract, or Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work. The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond. Principle and Surety agree that if the Owner is required to engage the services of an attorney in connection with enforcement of this bond each shall pay the Owner reasonable attorney’s fees, whether or not suit is commenced, in addition to the penal sum. No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety’s obligation on the Performance Bond. Surety Page 95 of 162 City of Port Orchard and Olson Brothers Pro-Vac, LLC Public Works Project No. PW2021-020 Rev 5/1/2020 Small Works Contract No. C057-21 Page 15 of 24 hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than twenty percent (20%). If any modification or change increases the total amount to be paid under the Contract, Surety’s obligation under this Performance and Payment Bond shall automatically increase in a like amount. Any such increase shall not exceed twenty-five percent (25%) of the original amount of the Performance and Payment Bond without the prior written consent of Surety. This Performance and Payment Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in Kitsap County, Washington. IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this _______ day of _________________, 20 ___. ________________________________________ _______________________________________ Principal Surety ________________________________________ _______________________________________ Signature of Authorized Official Signature of Authorized Official ________________________________________ By ____________________________________ Printed Name and Title Attorney in Fact (Attach Power of Attorney) Name and address of local office of Agent and/or Surety Company: Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications. Page 96 of 162 City of Port Orchard and Olson Brothers Pro-Vac, LLC Public Works Project No. PW2021-020 Rev 5/1/2020 Small Works Contract No. C057-21 Page 16 of 24 ACKNOWLEDGEMENT Corporation, Partnership, or Individual STATE OF ) )ss. COUNTY OF ) On this _____ day of____________, 20____, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared________________________, to me known to be the (check one of the following boxes): _______________________ of __________________________________, the corporation, _______________________ of __________________________________, the partnership, individual, that executed the foregoing instrument to be the free and voluntary act and deed of said corporation, partnership, individual for the uses and purposes therein mentioned, and on oath stated that he she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Dated: ___________________________________ _________________________________________ _____________________________________________ Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at:____________________________________ My Commission expires: _______________________ Notary Seal with Ink Stamp Page 97 of 162 City of Port Orchard and Olson Brothers Pro-Vac, LLC Public Works Project No. PW2021-020 Rev 5/1/2020 Small Works Contract No. C057-21 Page 17 of 24 SURETY ACKNOWLEDGEMENT STATE OF ) )ss. COUNTY OF ) On this _______ day of________________, 20_____, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared___________________, to me known to be the _____________________________ of________________________________, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Dated: ___________________________________ _________________________________________ _____________________________________________ Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at:____________________________________ My Commission expires: _______________________ Notary Seal with Ink Stamp Page 98 of 162 City of Port Orchard and Olson Brothers Pro-Vac, LLC Public Works Project No. PW2021-020 Rev 5/1/2020 Small Works Contract No. C057-21 Page 18 of 24 CITY OF PORT ORCHARD MAINTENANCE/WARRANTY BOND (Note: Before the Performance Bond can be released the City must receive the two years Maintenance/Warranty Bond) PROJECT #, PERMIT #, PW2021-020 CONTRACT # C057-21 SURETY BOND #: DATE POSTED: EXPIRATION DATE: RE: Project Name: 2021 Stormwater Catch Basin & Pipe Maintenance Owner/Developer/Contractor: Project Address: Various locations throughout City limits KNOW ALL PERSONS BY THESE PRESENTS: That we, (hereinafter called the "Principal"), and , a corporation organized under the laws of the State of , and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of dollars ($ ) 20% Total Contract Amount, lawful money of the United States of America, for the payment of which sum we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of the above obligation are such that: WHEREAS, the above named Principal has constructed and installed certain improvements on public property in connection with a project as described above within the City of Port Orchard; and WHEREAS, the Principal is required to post a bond for the twenty-four (24) months following written and final acceptance of the project in order to provide security for the obligation of the Principal to repair and/or replace said improvements against defects in workmanship, materials or installation during the twenty-four (24) months after written and final approval/acceptance of the same by the City; NOW, THEREFORE, this Maintenance Bond has been secured and is hereby submitted to the City. It is understood and agreed that this obligation shall continue in effect until released in writing by the City, but only after the Principal has performed and satisfied the following conditions: A. The work or improvements installed by the Principal and subject to the terms and conditions of this Bond are as follows: (insert complete description of work here) B. The Principal and Surety agree that the work and improvements installed in the above-referenced project shall remain free from defects in material, workmanship and installation (or, in the case of landscaping, shall survive,) for a period of twenty-four (24) months after written and final acceptance of the same and approval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse or cessation of the state of the project or improvements as accepted by the City during the twenty-four (24) month period after final and written acceptance, and includes, but is not limited to, repair or replacement of defective workmanship, materials or installations. Page 99 of 162 City of Port Orchard and Olson Brothers Pro-Vac, LLC Public Works Project No. PW2021-020 Rev 5/1/2020 Small Works Contract No. C057-21 Page 19 of 24 C. The Principal shall, at its sole cost and expense, carefully replace and/or repair any damage or defects in workmanship, materials or installation to the City-owned real property on which improvements have been installed, and leave the same in as good condition as it was before commencement of the work. D. The Principal and the Surety agree that in the event any of the improvements or restoration work installed or completed by the Principal as described herein, fail to remain free from defects in materials, workmanship or installation (or in the case of landscaping, fail to survive), for a period of twenty-four (24) months from the date of approval/acceptance of the work by the City, the Principal shall repair and/replace the same within ten (10) days of demand by the City, and if the Principal should fail to do so, then the Surety shall: 1. Within twenty (20) days of demand of the City, make written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. Upon completion of the Surety's duties under either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection D(1)(b), the City shall notify the Surety of the actual cost of the remedy, upon completion of the remedy. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs which exceeded the City estimate, limited to the bond amount. 2. In the event the Principal fails to make repairs or provide maintenance within the time period requested by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of repairing or maintaining the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to repair or maintain such improvements. E. Corrections. Any corrections required by the City shall be commenced within ten (10) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this bond as described in Section D above. F. Extensions and Changes. No change, extension of time, alteration or addition to the work to be performed by the Principal shall affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. G. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as Page 100 of 162 City of Port Orchard and Olson Brothers Pro-Vac, LLC Public Works Project No. PW2021-020 Rev 5/1/2020 Small Works Contract No. C057-21 Page 20 of 24 a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby agrees that this bond shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this bond shall be in Kitsap County Superior Court. H. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and until released in writing by the City at the request of the Surety or Principal. DATED this day of , 20__. SURETY COMPANY DEVELOPER/OWNER (Signature must be notarized) (Signature must be notarized) By: By Its Its Business Name: Business Name: Business Address: Business Address: City/State/Zip Code: City/State/Zip Code: Telephone Number: Telephone Number: CITY OF PORT ORCHARD By: Date: _________________________ Its Public Works Director/City Engineer FORM P-1 / NOTARY BLOCK (Use For Individual/Sole Proprietor Only) STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that is the person who CHECK FOR ATTACHED NOTARY SIGNATURE ____ Individual (Form P-1) ____ Corporation (Form P-2) ____ Surety Company (Form P-2) Page 101 of 162 City of Port Orchard and Olson Brothers Pro-Vac, LLC Public Works Project No. PW2021-020 Rev 5/1/2020 Small Works Contract No. C057-21 Page 21 of 24 appeared before me, and said person acknowledged that (he/she) signed this instrument, and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: _______________ Page 102 of 162 City of Port Orchard and Olson Brothers Pro-Vac, LLC Public Works Project No. PW2021-020 Rev 5/1/2020 Small Works Contract No. C057-21 Page 22 of 24 FORM P-2 / NOTARY BLOCK (Use For Partnership or Corporation Only) (Developer/Owner) STATE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the _________________________________ of _________________________________that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: ______________________________ ___________________________________ ___________________________________ (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: _________________________________ My Commission expires: _____________ (Surety Company) STATE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the _________________________________ of _________________________________that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: _____________________________ ___________________________________ ____________________________________ (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: _________________________________ My Commission expires: ______________ Page 103 of 162 City of Port Orchard and Olson Brothers Pro-Vac, LLC Public Works Project No. PW2021-020 Rev 5/1/2020 Small Works Contract No. C057-21 Page 23 of 24 APPENDIX A During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U .S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Page 104 of 162 City of Port Orchard and Olson Brothers Pro-Vac, LLC Public Works Project No. PW2021-020 Rev 5/1/2020 Small Works Contract No. C057-21 Page 24 of 24 Page 105 of 162 Page 106 of 162 Page 107 of 162 Page 108 of 162 Page 109 of 162 Page 110 of 162 Page 111 of 162 INVITATION TO BID CITY OF PORT ORCHARD 2021 STORMWATER CATCH BASIN & PIPE MAINTENANCE PUBLIC WORKS PROJECT NO. PW2021-020 May 10, 2021 Notice is hereby given that bids will be received for Stormwater Catch Basin and Pipe Maintenance. Interested parties should email or submit their proposals to: City of Port Orchard Public Works RE: ITB – 2021 Stormwater Catch Basin & Pipe Maintenance 216 Prospect Street Port Orchard, WA 98366 Email: publicworks@cityofportorchard.us Proposals will be received until 1:00pm May 24, 2021 No proposals will be accepted after the above-stated time. Electronic or faxed bids will not be accepted. Project Details Site(s): Various locations throughout City limits Scope of Work: With oversight from City staff, Contractor shall vactor and clean designated stormwater structures and/or conduct jetting of pipes. See Schedule of Pricing for detailed specifications. • The successful Contractor will use the City’s Decant Facility during this project for the disposal of vacuumed solids/spoils. The City will directly pay fees associated with using the Facility. • City will provide water at its own expense. However, a hydrant meter must be used so the City can track usage. Contractor will place a $2,000 refundable deposit for hydrant meter following POMC 13.04.010 to be refunded upon completion of work and return of meter. This project consists of work to be performed within 90 calendar days from contract date and consists of furnishing all materials, equipment, tools, labor and other work or items incidental theretofore. The following applies to the proposal: 1. Per RCW39.12.030, this is a prevailing wage contract and workers shall receive the prevailing wage rate as established by Labor and Industries (L&I). The vendor is required to pay, at a minimum, the applicable prevailing wage rates to those employees performing services under the Contract. The applicable wage rates are set forth in the State of Washington Department of Labor and Industries Prevailing Wage Rate Schedule, RCW 39.12.020. The project site is located in Kitsap County. Page 112 of 162 The prevailing wage schedule in effect for the work under the Contract will be the one in effect upon the prime contractor’s bid due date with these exceptions: o If the project is not awarded within six (6) months of the bid due date, the award date (the date the contract is executed) is the effective date. o If the project is not awarded pursuant to bids, the award date (the date the contract is executed) is the effective date. o Janitorial contracts follow WAC 296-127-023. The prime contractor bid due date is May 24, 2021. Except for janitorial contracts, the rates in effect on the bid due date shall apply for the duration of the contract (unless otherwise noted in the solicitation). It is the responsibility of the vendor to ensure the appropriate labor classification(s) are identified and that the applicable wage and benefit rates are taken into consideration when preparing their proposal according to these specifications. The selected vendor must submit to the Department of Labor and Industries, a “Statement of Intent to Pay Prevailing Wages”. A copy of the certified Intent Statement must be submitted to the City prior to payment of the first invoice. The vendor will pay promptly, when due, all wages accruing to its employees. All invoice or payment applications are required to bear the following signed statement: “I certify that wages paid under this contract are equal to or greater than the applicable wage rates set forth in the Washington State Prevailing Wage Rates for Public Works Contracts issued by the State of Washington Department of Labor and Industries.” The selected vendor must submit to the Department of Labor and Industries an “Affidavit of Wages Paid” and a copy of an approved Affidavit must be submitted at the end of the contract to the City before the last payment or any retained funds will be released. The cost of filing a Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid with the Department of Labor and Industries shall be at no additional cost to the City. The Director of the Department of Labor and Industries shall arbitrate all disputes of the prevailing wage rate, RCW 39.12.060 and WAC 296-127-060. Look up the prevailing rates of pay, benefit, and overtime codes from this link: http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp A copy of the prevailing wage rates is available for viewing at the City of Port Orchard Department of Public Works. A hard copy will be mailed upon request. For prevailing wage questions, contact the Department of Labor & Industries at PW1@Lni.wa.gov or 360-902-5335. 2. The company will submit the L&I approved Intent to Pay with the invoice. If there is more than one invoice, submit the Intent to Pay with the first invoice and submit the Affidavit with the last invoice. We will not accept the invoice without the approved Intent to Pay from L&I. Page 113 of 162 3. The successful bidder must have a City business license prior to award of contract and must be an active participant on the MRSC Small Works Roster for the City of Port Orchard. For more information regarding the MRSC, visit their website at www.mrscrosters.org. 4. A retainage of 5% will be held on all public improvement projects per RCW 60.28.011. The retainage will be released after the City is provided the Affidavit of Wages Paid and approval of the Department of Revenue. All expenses associated with the prevailing wage rules are the responsibility of the contractor. 5. The company is required to have the following liability insurance and list the City of Port Orchard as a “Named Insured” on the company’s policy. a. $1,000,000 Property Damage b. $1,000,000 Bodily Injury 6. A Performance & Payment Bond at 100% of the Contract Value. 7. Contractor Disqualification A bidder will be deemed not responsible and the proposal rejected if the bidder does not meet the following responsibility criteria set forth in RCW 39.04.350: 1. Before award of a public works contract, a bidder must meet the following responsibility criteria to be considered a responsible bidder and qualified to be awarded a public works project. The bidder must: a. At the time of bid submittal, have a certificate of registration in compliance with chapter 18.27 RCW; b. Have a current state unified business identifier number; c. If applicable, have industrial insurance coverage for the bidder's employees working in Washington as required in Title 51 RCW; an employment security department number as required in Title 50 RCW; and a state excise tax registration number as required in Title 82 RCW; d. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3); e. If bidding on a public works project subject to the apprenticeship utilization requirements in RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the date of the bid solicitation; f. Have received training on the requirements related to public works and prevailing wage under this chapter and chapter 39.12 RCW. The bidder must designate a person or persons to be trained on these requirements. The training must be provided by the department of labor and industries or by a training provider whose curriculum is approved by the department. The department, in consultation with the prevailing wage advisory committee, must determine the length of the training. Bidders that have completed three or more public works projects and have had a valid business license in Washington for three or more Page 114 of 162 years are exempt from this subsection. The department of labor and industries must keep records of entities that have satisfied the training requirement or are exempt and make the records available on its web site. Responsible parties may rely on the records made available by the department regarding satisfaction of the training requirement or exemption; and g. Within the three-year period immediately preceding the date of the bid solicitation, not have been determined by a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW. 2. A bidder may be deemed not responsible and the proposal rejected if: a. More than one proposal is submitted for the same project from a bidder under the same or different names; b. Evidence of collusion exists with any other bidder or potential bidder. Participants in collusion will be restricted from submitting further bids; c. The bidder, in the opinion of the Contracting Agency, is not qualified for the work or to the full extent of the bid, or to the extent that the bid exceeds the authorized prequalification amount as may have been determined by a prequalification of the bidder; d. An unsatisfactory performance record exists based on past or current Contracting Agency work or for work done for others, as judged from the standpoint of conduct of the work; workmanship; progress; affirmative action; equal employment opportunity practices; or Disadvantaged Business Enterprise, Minority Business Enterprise, or Women’s Business Enterprise utilization; e. There is uncompleted work (Contracting Agency or otherwise) which might hinder or prevent the prompt completion of the work bid upon; f. The bidder failed to settle bills for labor or materials on past or current contracts; g. The bidder has failed to complete a written public contract or has been convicted of a crime arising from a previous public contract; h. The bidder is unable, financially or otherwise, to perform the work; or i. There are any other reasons deemed proper by the Contracting Agency. Americans with Disabilities Act (ADA) Information The City of Port Orchard in accordance with Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA), commits to nondiscrimination on the basis of disability, in all of its programs and activities. This material can be made available in an alternate format by emailing the Public Works Department at publicworks@cityofportorchard.us or by calling (360) 876-4991. Page 115 of 162 Title VI Statement The City of Port Orchard in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award.” Notice is given to all potential bidders that any bid responses may be subject to release under the Public Records Act Chapter 42.56 RCW and the City may be required to disclose bid responses upon a request. Bidders are advised to mark any records believed to be trade secrets or confidential in nature as “confidential.” If records marked as “confidential” are found to be responsive to the request for records, the City may elect to give notice to the bidder of the request so as to allow the bidder to seek a protective order from a Court. Please be advised, however, that any records deemed responsive to a public records request may be released at the sole discretion and without notice by the City. All questions or comments regarding the bid or to schedule a walk thru should be directed to Zack Holt at zholt@cityofportorchard.us or call 360.876.4991. The award of the Contract will go to the qualified bidder submitting the lowest responsible bid. The City reserves the right to reject any and all bids or waive any informality in the bidding and make the award as deemed to be in the best interest of the City. Submittal Checklist o Schedule of Contract Prices o Acknowledgements o Bidder’s Qualification Form – the Owner reserves the right to check all statements and to judge the adequacy of the Bidders qualifications o Non-collusion Declaration Page 116 of 162 SCHEDULE OF CONTRACT PRICES 2021 STORM DRAINAGE CATCH BASIN & PIPE MAINTENANCE PW 2021-020 NOTE: If a discrepancy between the numerical unit price and the written (words) unit price is found, the written (words) unit price shall control. Bidder: ____________________________________________ Date: _____________________ Item No. Estimated Quantity SP/STD Description of Item Unit Price Amount 1. 1394 EA Type I Catch Basin Cleaned _____________ _____________ 2. 120 EA Type II (48” Dia. Or larger) Catch Basin/Manhole Cleaned _____________ _____________ 3. 5000 LF Pipe Jetting _____________ _____________ SUBTOTAL: $_______________________________ SALES TAX (9%) $_______________________________ TOTAL BID: $_______________________________ SALES TAX In accordance with Section 1-07.2(2) State Sales Tax: The Contractor shall collect from the Contracting Agency retail sales tax on the full Contract amount. The lowest responsible bidder who is awarded the contract will decant at the City owned decant facility for this project. Page 117 of 162 ACKNOWLEDGEMENTS CITY OF PORT ORCHARD 2021 STORMWATER CATCH BASIN & PIPE MAINTENANCE PUBLIC WORKS PROJECT NO. PW2021-020 The undersigned Bidder hereby agrees to start construction on this project, if awarded, no later than fourteen (14) calendar days after Notice to Proceed and to complete the project within the time stipulated in the Contract. By signing below, Bidder acknowledges receipt of the following Addenda to the Bid Documents: ________________ ________________ ________________ ________________ Addendum No. Date of Receipt Addendum No. Date of Receipt ________________ ________________ ________________ ________________ Addendum No. Date of Receipt Addendum No. Date of Receipt NOTE: Failure to acknowledge receipt of Addenda may be considered as an irregularity in the Bid Proposal and Owner reserves the right to determine whether the bid will be disqualified. By signing below, Bidder certifies that he/she has reviewed the insurance provisions of the Bid Documents and will provide the required coverage. The undersigned Bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date for this Project, the bidder is not a “willful” violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. OFFICIAL AUTHORIZED TO SIGN FOR BIDDER: “I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.” Signature: Date: Printed Name and Title: Location or Place Executed (City, State): Business Address: Business Telephone: NOTES: If the Bidder is a co-partnership, give firm name under which business is transacted; proposal must be executed by a partner. If the Bidder is a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). Any signature must be notarized below. Page 118 of 162 STATE OF ) )ss. COUNTY OF ) I certify that I know or have satisfactory evidence that ______________________ signed this proposal, on oath stated that he/she was authorized to execute the proposal and acknowledged it as the ______________________ (title) of ______________________________________ (name of party on behalf of whom proposal was executed) and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in this proposal. Dated this ______ day of ________________, 20____. _______________________________________ Notary Public _______________________________________ Printed Name My Commission Expires: __________________ Page 119 of 162 BIDDER’S QUALIFICATION FORM CITY OF PORT ORCHARD 2021 STORMWATER CATCH BASIN & PIPE MAINTENANCE 1. Name of Contractor: ________________________________________________________________ Address: __________________________________________________________________________ 2. Telephone No.(______) ______________________ Fax No.: (______)_________________________ 3. Washington State Dept. of Labor and Industries Worker’s Compensation Account No.: ___________ 4. Washington State Dept. of Licensing Contractor’s Registration No. ______________________ Expiration Date: _________________ 5. Washington State Uniform Business Identifier No. ________________________________________ (Must have UBI number before the contract is awarded.) 6. Number of years engaged in contracting business under above name: ______________________ 7. At the time of bid submittal, did the contractor have a certificate of registration in compliance with Chapter 18.27 RCW? __________________________ 8. Does the contractor have industrial insurance coverage for its employees working in Washington as required in Title 51 RCW? ___________________________ 9. Does the contractor have an employment security department number as required in Title 50 RCW? (provide number): ________________________ 10. Does the contractor have a state excise tax registration number as required in Title 82 RCW? (provide number): ______________________________ 11. Has the contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3)? _________________________ 12. Has the contractor received training on the requirements related to public works and prevailing wage under chapters 39.04 and 39.12 RCW, as required in RCW 39.04.350(1)(f)?______________________ 13. Within the three-year period immediately preceding the date of the bid solicitation, was the contractor (determined by a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgment entered by a court of limited or general jurisdiction) to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW? _____________________ 14. Has the contractor violated the “Off-site Prefabricated Non-Standard Project Specific Items” reporting requirements more than one time as determined by the department of labor and industries? _________ 15. Particular types of construction performed by your company: Page 120 of 162 16. Gross amount of contracts now on hand: $ 17. List similar recent construction projects that your firm has done in the last 5 years: Amount Type Owner’s Name Phone 18. What is the construction experience of the principal individuals to be assigned to this project? Name Title Years of Construction Experience Availability Pursuant to RCW 39.06.020, the contractor further agrees to verify responsibility criteria for each of its subcontractors and to require each of its subcontractors to both verify responsibility criteria for its subcontractors and include instant condition for verification requirement. NOTE: Any bidder having current outstanding litigation with the City will not be considered responsible and will be rejected by the City. By: _______________________________________ (Authorized Signature) Title:_______________________________________ Date: _______________________________________ Page 121 of 162 NON-COLLUSION DECLARATION I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and agreed to the provisions of this declaration. By: _______________________________________ (Authorized Signature) Title: _______________________________________ Page 122 of 162 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7E Meeting Date: June 8, 2021 Subject: Approval of Amendment No. 1 to Contract Prepared by: Mark Dorsey, P.E. No. 029-21 with Skillings, Inc. for the Bethel Public Works Director & Lincoln Intersection Roundabout Project Atty Routing No.: 366922.009 - PW Atty Review Date: May 31, 2021 Summary: On February 9, 2021, by Resolution No. 014-21, the Port Orchard Council approved Contract No. C029-21 for the architectural and engineering design services for the Bethel & Lincoln Intersection Roundabout Project with Skillings, Inc. At the April 27, 2021 Transportation Committee and the subsequent May 11, 2021 Regular Meeting, Skillings having prepared the ideal design for the Bethel & Lincoln Intersection Roundabout, presented the current status of the Project, which included four (4) Mitchell Avenue Alternatives for further discussion. Based upon those presentations and subsequent direction given to staff by the Council during those meetings, Skillings has prepared an amendment to the underlying agreement, titled Supplemental Agreement No. 1. This amendment adds the design of an Alternative No. 1 – Compact Roundabout at the Lincoln & Mitchell Intersection and Turnaround at the Mitchell ‘Y’ Intersection in the amount of $196,900. Please note, it is the intention of staff to advertise this additional Work as an Add Alternate to the Base Bid for the Project and “if” the City is successful in securing the needed $1.1M from the Transportation Improvement Board’s 2021 Urban Arterial Program to construct the compact roundabout, the Add Alternate will be included within the Project Award. Relationship to Comprehensive Plan: Chapter 8 – Transportation (included as a portion of Tier 2 TIP 2.04 Bethel Corridor Phase 5A Project). Recommendation: Staff recommends authorizing the Mayor to execute Supplemental Agreement No. 1 to Contract No. C029-21 with Skillings, Inc. for the Bethel & Lincoln Intersection Roundabout Project in the additional amount of $196,900, bringing the Total Contract value to $734,354. Motion for Consideration: I move to authorize the Mayor to execute an amendment to Contract No. C029-21 with Skillings, Inc. for the Bethel & Lincoln Intersection Roundabout Project, in the additional amount of $196,900, bringing the Total Contract value to $734,354. Fiscal Impact: $1.5M HSIP Grant awarded, $1.3M of local Transportation Impact Fee budgeted and $200K from the 2022-2041 TIP No. 1.5 - Old Clifton 60% Road Design. Attachments: Supplemental Agreement No. 1 to Contract No. C029-21 (dated 5/19/2021), and Authorization for Supplemental Agreement No. 1. Page 123 of 162 Skillings Connolly, Inc. Page 1 of 21 Project No. 20155    Supplemental Agreement No. 1    City of Port Orchard    Bethel & Lincoln Intersection Roundabout  Supplemental Agreement Number   1  Organization and Address             Skillings, Inc.             5016 Lacey Blvd. SE             Lacey, WA  98516             360.491.3399    Federal Aid Number    Project Number  C029‐21  Completion Date             June 30, 2022    Project Title  Bethel & Lincoln Intersection Roundabout Design &  Right‐of‐Way Phase  Maximum Amount Payable             $734,354.00  Description of Work  Add Mini Roundabout at Intersection of SE Lincoln Ave and Mitchell Rd SE        The Local Agency of City of Port Orchard desires to supplement the agreement entered into with Skillings, Inc. and  executed on February 4, 2021 and identified as Project No. C029‐21.                                     All provisions in the basic agreement remain in effect except as expressly modified by this supplement.  The changes to the agreement are described as follows:    I  Section 1, SCOPE OF WORK, is hereby changed to read:   See Exhibit A, and by this reference is made part of this Agreement.    II  Section IV, TIME FOR BEGINNING AND COMPLETION, remains unchanged at June 30, 2022.    III  Section V, PAYMENT, shall be amended as follows:     Original Agreement $537,454.00   Supplemental Agreement No. 1 196,900.00   New Maximum Billable Amount Payable $734,354.00        as set forth in the attached Exhibit D‐1 through D‐3, and by this reference made a part of this supplement.    If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces  below and return to this office for final action.    By:  Skillings, Inc.      By:  City of Port Orchard         ______________________________________           _______________________________________                              Consultant Signature                Approving Authority Signature          ______________________________________ _______________________________________      Date                 Date Page 124 of 162 Skillings, Inc. Page 2 of 21 Project No. 20155     City of Port Orchard    Bethel & Lincoln Intersection Roundabout  EXHIBIT A  SCOPE OF WORK    Prepared for:    CITY OF PORT ORCHARD  BETHEL & LINCOLN ROUNDABOUT  SUPPLEMENT NO. 1 MITCHELL MINI ROUNDABOUT  May 18, 2021    INTRODUCTION  The following Scope of Work delineates a supplement to the original agreement between Skillings, Inc.  (Consultant) and the City of Port Orchard (City). The supplement will consist of:      Engineering design of a new mini roundabout at the intersection of SE Lincoln Ave and Mitchell Rd  SE.   Revising the original contract by replacing the last bullet under Assumptions for Task 500.1 Utilities  Coordination with the following bullet: “City will provide Vactor truck, traffic control, flaggers, and  restoration of potholes. Consultant will arrange for an observer to be present during potholing.”   This will delete the work by APS on the contract.      The additional work effort will be in addition to the work required for the original agreement (with the  exception of potholing by the City) and will include but is not limited to public outreach, survey work,  design and PS&E, right‐of‐way services, environmental documentation and permitting assistance, and  storm water mitigation. The City intends to apply for a Transportation Improvement Board (TIB) grant to  fund the construction of the mini roundabout.    Project Assumptions:   Construction scope and fee will be provided under a LAG agreement.   The level of effort for a given work element is limited to the amount of labor and expenses shown  in the agreement.   Out‐of‐scope services beyond these limits may be considered as Extra Work. Consultant will notify  the City of out‐of‐scope services prior to starting the work.     This is a negotiated hourly rate contract with a not to exceed maximum.    The level of effort for various tasks are estimates and may vary. The contract will be managed to  the contract maximum, not the task level budgets.    The Consultant will perform services set forth in this Scope of Work on behalf of the City of Port Orchard  and in compliance with the standards and requirements set forth in the following procedures, regulations  and most current (at the time of execution of this agreement) adopted manuals which by reference, are    made a part of this Agreement.    Current (as of the date of execution of the agreement) versions of the following publications and  manuals will be applicable:    Washington State Department of Transportation/American Public Works Association (WSDOT),  Standard Specifications for Road, Bridge, and Municipal Construction (M41‐ 10), 2018 edition, as Amended.   Local Agency General Special Provisions   WSDOT/APWA, Standard Plans for Road, Bridge, and Municipal Construction, (M21‐01)   WSDOT Materials Laboratory Outline  Page 125 of 162 Skillings, Inc. Page 3 of 21 Project No. 20155     City of Port Orchard    Bethel & Lincoln Intersection Roundabout   WSDOT Construction Manual   WSDOT Local Agency Guidelines (LAG) Manual including the City and County Design Standards   WSDOT Design Manual (M22‐01    WSDOT Hydraulics Manual (M23‐03)   WSDOT Highway Runoff Manual (M31‐16)   WSDOT Right of Way Manual   WSDOT General Special Provisions   WSDOT Traffic Manual (M51‐02)   WSDOT Plans Preparation Manual   AASHTO (A Policy on Geometric Design of Highways and Streets)   City of Port Orchard’s Public Works Engineering Standards & Specifications   MUTCD as Revised by Washington State      Task 100 Project Administration and Management     This task consists of Design Consultant management of staff and Subconsultants, invoices and progress  reporting, progress meetings, and internal staff team progress meetings for the mini roundabout design  contract work effort.      Assumptions:   Duration of the contract work effort is estimated to be no more than 7 months.    Tasks:  1. Update Management Plan.  2. Update project schedule.    Task 200 Surveying Services:    Introduction  A proposed mini Roundabout project is being added to the project at the intersection of Lincoln and  Mitchell.    Project Assumptions:   Utility locates will be provided by Washington Utility Notification Center.   Utility potholes locations will be surveyed.    Task Description:  1. Utility potholes locations will be surveyed:  a. Coordinate traffic control.  b. Field Topographic Survey of utility potholes in vicinity of Lincoln and Mitchell intersection  c. Update topographic survey map based on field edits.    Deliverables:   Update Topographic survey map signed by PLS.   Update AutoCAD file of topographic survey.        Page 126 of 162 Skillings, Inc. Page 4 of 21 Project No. 20155     City of Port Orchard    Bethel & Lincoln Intersection Roundabout  Task 300 Environmental Document and Permit Applications    This project is required to comply with LAG and FHWA requirements as the construction phase is federally  funded.       Environmental Task Assumptions:   The APE will include at a minimum all areas being surveyed.   Ground disturbing activities, including geotechnical investigation and cultural resource investigation  cannot begin until the APE has been approved.    Tierra ROW will complete a Section 106 cultural and historical resources report.    The Section 106 Report will be submitted with the NEPA Categorical Exclusion Document.    Proposed road re‐alignment will not impact a stream.  Application for a Hydraulic Project Approval  (HPA) from the Washington State Department of Fish and Wildlife (WDFW) is not anticipated and is  not included in this Scope of Work.       Task 300.1  Additional Environmental Documentation for Mini Roundabout     Consultant will prepare additional environmental documentation in support of the mini roundabout design  contract work effort.    Assumptions:    Wetland boundaries will be flagged with flagging tape and or staking and labeled for future survey  identification.     The wetland rating will establish the type and category of all identified wetlands. The rating will be  used to define regulated buffer widths, as defined in City of Port Orchard Municipal Code  (POMC) 20.162.    The Wetland Delineation Report will meet the requirements of POMC 20.162.096.    Kitsap County Stream mapping indicates that this is a headwater wetland to a fish‐bearing stream.    City of Port Orchard considers the stream to be a Fish and Wildlife Conservation Area (FWHCA).   POMC 20.162.070 does not require preparation of a Special Report for FWHCA.  If the stream  channel is identified within the project limits, the stream characteristics will be described in the  Wetland Delineation Report.    The Wetland Delineation Report will include delineation of any wetlands identified at the proposed  mitigation site.  This will be required to show areas of enhancement or creation as part of  mitigation plan.      Task Description:   1. Revise mitigation plan exhibits.  2. Revise JARPA application exhibits.   3. Revise SEPA checklist.  4. Revise Biological Assessment.  5. Revise NEPA Categorical Exclusion document.    Deliverables:    Updated Wetland Mitigation Plan.   Updated JARPA application.   Updated SEPA Checklist.   Completed Biological Assessment.   NEPA Categorical Exclusion Document.  Page 127 of 162 Skillings, Inc. Page 5 of 21 Project No. 20155     City of Port Orchard    Bethel & Lincoln Intersection Roundabout   Task 500 Design     500.1  Utilities Coordination     This task consists of the Consultant providing additional support for utility coordination and relocation  efforts for the mini roundabout.    Assumptions:   Consultant will coordinate with the utilities within the project limits. The following are anticipated  utilities:  o City water and sewer  o West Sound water and sewer  o Natural Gas  o Overhead electrical transmission and distribution  o Overhead telephone  o Overhead cable   Undergrounding of overhead utilities are not anticipated. One or more of transmission line poles  may need to be relocated.       Consultant will call the One‐call service. One‐call services will locate the underground utilities. A  utility locate vendor may be required for utility locates on private property.   City will provide available utility as‐built plans to the Consultant.   City will provide utility contact information for each utility.   Utility companies will provide as‐built plans.   Pot‐holing of underground utilities will be performed by City. City will provide vactor truck, traffic  control, flaggers, and restoration of potholes. Consultant will arrange for an observer to be present  during potholing.    Tasks:  1. Review As‐Builts and enter information into AutoCAD.  2. Review utility location information and assess potential impacts.  3. Conduct and coordinate utility locates and potholing.  4. Review utility locates and pothole information and add to the design base map.  5. Contact utility companies to verify utility locations and depths.  6. Review the concept designs and provide feedback on conflicts with utilities.  Deliverables  Utility Coordination Site visit agenda   Utility Coordination meeting notes   Utility Pothole Information Sheets    500.2 15% Conceptual Design     Consultant will contract with TSI (Transportation Solutions, Inc), the Subconsultant, to develop the initial  geometric options for the mini roundabout configuration. This design will become the basis for the PS&E  development.    This task consists of review and coordination with TSI.    Page 128 of 162 Skillings, Inc. Page 6 of 21 Project No. 20155     City of Port Orchard    Bethel & Lincoln Intersection Roundabout  Tasks:  1. Review Mitchell Rd roundabout configurations by TSI.  2. Provide feedback and comments on configurations to TSI. Deliverables:   Redline comments on configurations to TSI.      Task 500.3 – 30% Plans    This task consists of the preparation of 30% design level plans for the mini roundabout, building upon the  geometric design layout completed under Task 500.1. Evaluation of pedestrian access, ADA compliance,  and driveway access will be completed will additional accuracy. Preliminary design will include evaluation of  the storm drainage needs to include a preliminary layout. Illumination layouts will be completed by  Subconsultant TSI. Task will include preparation of a preliminary cost estimate with contingency. Grading  efforts will include preliminary centerline vertical profiles and grading checks for tie‐in to existing ground at  project limits, fine grading will not be completed under this task.    Assumptions:   Consultant will maintain a design diary documenting approaches, problems, decisions, and actions.  Diary will be maintained continuously throughout the project.   The quantity calculations notebook will be preliminary and will not be sufficient for the final  construction cost estimate.   Preliminary Engineer’s Estimate of Probable Costs to Construct will be prepared using WSDOT Unit  Bid Price format.   Construction details will not be completed at the 30% level.   Stormwater design requirements will follow the 2019 edition of the Stormwater Management  Manual for Western Washington (SWMMWW).   Runoff treatment shall consist of emerging technology that has received General Use Level  Designation (GULD) through the Department of Ecology’s Technology Assessment Protocol –  Ecology (TAPE).   Flow control and quantitative downstream analysis will not be required.   Treatment modelling will use WWHM2012, conveyance calculations will use Autodesk SSA 2018  and Bentley FlowMaster.  Existing sewer and water mains can remain in place and accommodate the new roadway  improvements.  No contaminated soil is anticipated at the site.  Plan sheets for the mini roundabout will be included as part of the overall Bethell & Lincoln  Roundabout plan set.   Tasks:  1. Update Basis of Design Notebook.   2. Prepare preliminary stormwater/water quality design for mini roundabout:  a. Determine project limits and assess threshold discharge areas (TDA).  b. Determine area totals for existing pervious and impervious areas, new and replaced surfaces.  c. Assess applicability of overall Minimum Requirements and individual thresholds for LID, water  quality, and flow control.  d. Select and implement preliminary design of BMPs for LID, water quality, and flow control.  Page 129 of 162 Skillings, Inc. Page 7 of 21 Project No. 20155     City of Port Orchard    Bethel & Lincoln Intersection Roundabout  e. Determine design storm for conveyance calculations and sizing.  f. Document findings in preliminary stormwater report.  g. Prepare design markups for preliminary stormwater plans.  3. Assess details of pedestrian access routes, ADA compliance, and driveway access locations.  4. Prepare preliminary plans as noted below.  5. Prepare preliminary Quantities Notebook.  6. Prepare 30% Engineer’s Estimate of Probable Cost to Construct.  7. Coordinate preparation of Right‐of‐Way Plans.  8. Assess potential Right‐of‐Way impacts. Assume preparation of preliminary Right of Way exhibits (2  exhibits for 2 properties).  9. Provide internal QA and QC and project coordination.  10. Subconsultant TSI will provide illumination plans and peer review. Comments to be addressed.  11. Plan Submittal: The Consultant will submit the following anticipated additional plan sheets for the  mini roundabout:    Plan Sheet 30%  Submittal  100%  Submittal  Horizontal Control Plan 1 1  Right‐of‐Way Plan (completed under Task 200.5)  1  TESC Plans & Details  7  Demolition Plans  5  Plan and Profile Sheets  5 5  Roadway Sections  2  Roadway Details  2  Roundabout Design Layout   1 1  Roundabout Curb Return Profiles  2  Roundabout Grading Plan 2 1  Crosswalk/Splitter Island Details  2  Roundabout Details  2  Stormwater Plan and Profile Sheets 5 5  Structure Notes Sheet  1  Stormwater Details  1  Miscellaneous Details  2  Illumination Plans 1 2  Illumination Details  1  Signing Plans 3 3  Signing Specifications  1  Signing Details  1  Pavement Marking Plan 3 3  Pavement Marking Details  1  Construction Sequencing and Temporary Traffic  Control Plans   5  Traffic Control Detour Plan  2    Deliverables:   Draft Basis of Design Notebook.   Page 130 of 162 Skillings, Inc. Page 8 of 21 Project No. 20155     City of Port Orchard    Bethel & Lincoln Intersection Roundabout   Preliminary Stormwater Report   One (1) electronic set of 30% PS&E to City for review.    Preliminary Engineer’s Estimate of Probable Cost to Construct   Exhibits showing required Right‐of‐Way and construction easement required to construct the  project. Assumes up to 2 exhibits.      Task 500.4 – 100% PS&E    This task consists of addressing City 30% comments and advancing PS&E to a 100% level of design for the  mini roundabout.      Assumptions:   City has reviewed the 30% PS&E and have provided direction to the Consultant.   City will provide one set of consolidated comments for the 30% PS&E.   Consultant will maintain a design diary documenting approaches, problems, decisions, and actions.  Diary will be maintained continuously throughout the project.   Engineer’s Estimate of Probable Costs to Construct will be prepared using WSDOT Unit Bid Price  format.   Special provisions will be prepared utilizing WSDOT specifications format.   City will provide their “boiler plate” format for contract bid package.   Draft Contract Bid Package to contain placeholder items. Depending on when the project is  advertised for construction, the documents may require updating to include the latest information  just prior to advertising.   Contractor will apply and submit for the Notice of Intent (NOI) for coverage under Construction  Stormwater General Permit (CSWGP) via Ecology’s NOI process using the on‐line application portal.   Plan sheets for the mini roundabout will be included as part of the overall Bethell & Lincoln  Roundabout plan set.    Tasks:  1. Phone conference with the City to discuss 30% PS&E and comments.  2. Incorporate 30% PS&E comments.  3. Prepare final stormwater drainage report:  a. Update stormwater drainage report to include changes made for the 100% PS&E.  4. Prepare 100% level of plans.  5. Update Quantities Notebook.  6. Prepare 100% Engineer’s Estimate of Probable Costs to Construct.  7. Prepare Draft Contract Bid Package:  a. GSPs and Special Provisions.  8. Complete Basis of Design Notebook.  9. Constructability review by our construction inspectors.  10. Provide internal QA and QC and project coordination.  11. Subconsultant TSI will provide illumination plans and peer review. Comments will be addressed.  12. Plan Submittal: The Consultant will submit the following anticipated additional plan sheets for the  mini roundabout:      Page 131 of 162 Skillings, Inc. Page 9 of 21 Project No. 20155     City of Port Orchard    Bethel & Lincoln Intersection Roundabout  Plan Sheet 100%  Submittal  Horizontal Control Plan 1  Right‐of‐Way Plan (Completed under Task 40) 1  TESC Plans & Details 7  Demolition Plans 5 Plan and Profile Sheets  5 Roadway Sections 2 Roadway Details 2 Roundabout Design Layout 1 Roundabout Curb Return Profiles 2 Roundabout Grading Plan 1 Crosswalk/Splitter Island Details 2  Roundabout Details 2  Stormwater Plan and Profile Sheets 5  Structure Notes Sheet 1  Stormwater Details 1  Miscellaneous Details 2  Illumination Plans 2  Illumination Details 1  Signing Plans 3  Signing Specifications 1  Signing Details 1  Pavement Marking Plan 3  Pavement Marking Details 1  Construction Sequencing and Temporary Traffic  Control Plans  5  Traffic Control Detour Plan 2    Deliverables:   Final Basis of Design Memo   Draft Contract Bid Package   Final Stormwater Drainage Report   Complete General Stormwater Construction Permit coverage application   One (1) electronic set of 100% PS&E to City and WSDOT for review.    Final Quantity calculation notebook      Task 500.5 – Complete Bid Set    This task consists of addressing City and WSDOT’s 100% comments and preparing a Complete Bid Set for  the mini roundabout.      Assumptions:   WSDOT will provide comments on the 100% PS&E.   City will provide one set of comments on the 100% PS&E.   Page 132 of 162 Skillings, Inc. Page 10 of 21 Project No. 20155     City of Port Orchard    Bethel & Lincoln Intersection Roundabout   ROW lines will be delineated on the construction drawings.   Consultant will supply the bid proposal form for the bid package.     Consultant will provide only one update to any portion of the Complete Bid Set.   An Engineer’s Estimate for the Probable Cost to Construct will be prepared that lists all of the  project bid items, showing contract item number, unit of measurement, estimated unit price,  estimated quantity, and total estimated cost for each.    o The total project cost will be shown on this estimate.    o This estimate will be used as the basis of review for the lowest responsive responsible bidder.   Plan sheets for the mini roundabout will be included as part of the overall Bethell & Lincoln  Roundabout plan set.    Tasks:  1. Phone conference with City to discuss 100% PS&E comments from City and WSDOT.  2. Incorporate 100% PS&E comments.  3. Prepare Complete Bid Set.  4. Complete Contract Bid Package:  a. Special Provisions.  5. Update Engineer’s Estimate of Probable Costs to Construct.  6. Submit package to City and WSDOT for their review and approval as necessary:  a. Complete Bid Set.  b. Environmental clearance.   7. Review City comments on Complete Bid Set.   8. Make minor adjustments to Complete Bid Set as reviewed by the City up to one time.    Deliverables:   Final Basis of Design Notebook   Final Contract Bid Package   Final and signed 100% PS&E    1. One (1) electronic set of 100% PS&E to City.  2. All documents will be submitted as pdf’s, Cad Files, Word Files (.docx), and Estimate in Excel.   Environmental Commitment file   Final Quantity calculation notebook    Task 500.6 – Bid Support Services    Consultant will assist the City through the bidding and award process. The mini roundabout is anticipated to  be an additive bid.    Assumptions:    The City will:   Host the bid opening.   Advertise the project.    The Consultant will:   Prepare Bid Documents for the mini roundabout as a bid additive.   Provide Bid Documents and addenda to Builders Exchange for distribution.   Provide support to City in responding to bidder’s questions.  Page 133 of 162 Skillings, Inc. Page 11 of 21 Project No. 20155     City of Port Orchard    Bethel & Lincoln Intersection Roundabout   Prepare addenda up to the level of effort as shown in the fee estimate.   Prepare and review Bid Tabulation for bid additive.    Tasks:  1. Consultant will provide assistance through bidding and award. This work is expected to include:  a. Prepare Bid Documents for the mini roundabout as a bid additive.  b. Provide Bid Documents and addenda to Builders Exchange for distribution.  c. Responding to bidder’s questions.  d. Prepare addenda up to the level of effort as shown in the fee estimate.  e. Prepare and review Bid Tabulation for bid additive.      Subconsultant Scopes of Work    Mini Roundabout Traffic and Geometric Design Services will be provided by  Transportation Solutions, Inc.    Task 100 – Mini Roundabout Traffic and Geometric Design Services    CONSULTANT will contract with TSI (Transportation Solutions, Inc), the SUBCONSULTANT, to provide traffic  analysis, modeling, and geometric design services for the mini roundabout. This effort will include project  management, traffic analysis, and geometric design support for the roundabout at conceptual, 30%, 100%,  and Complete Bid Set design levels.    TASK 1.0 PROJECT MANAGEMENT  Project management will be on‐going during the course of the project. SUBCONSULTANT’s project manager  will maintain regular communication with the CONSULTANT’s project manager.  SUBCONSULTANT will  monitor the project’s scope, schedule, and budget, will coordinate and communicate status reports, and  other similar project management tasks.      SUBCONSULTANT will provide monthly progress reports and invoices in accordance with the  CONSULTANT’s and/or City of Port Orchard procedures.      SUBCONSULTANT will coordinate the first invoice so that the format is acceptable to the CONSULTANT  and/or CITY.  Each progress report and invoice package will include the SUBCONSULTANT invoice showing  all labor and direct expenses included for the period, the monthly progress report, and full documentation  of labor hours and direct expenses charged for the period.  Project closeout will occur at the end the  project. SUBCONSULTANT shall deliver all documents in agreed to electronic formats.  SUBCONSULTANT  shall prepare a final closeout progress report and final invoices.    Quality control and quality assurance reviews will occur prior to submittal of major deliverables.  This  Conceptual Design, 30% plan review and illumination plans, 100 % plan review and illumination plans, and  Bid Ready plan review and illumination plans.    Assumptions  • The invoice format for this project will be one that is acceptable to the City.  Page 134 of 162 Skillings, Inc. Page 12 of 21 Project No. 20155     City of Port Orchard    Bethel & Lincoln Intersection Roundabout  • SUBCONSULTANT invoicing period starts on the 16th of the month and ends on the 15th of the  following month.  • Progress Report and Invoice packages will be prepared monthly.    Deliverables  • Monthly Progress Report and Invoice Packages  • Periodic Project Schedule update as agreed to between the CITY and CONSULTANT.    TASK 2.0 CONCEPTUAL DESIGN  SUBCONSULTANT shall prepare conceptual design for the Lincoln and Mitchell mini roundabout based upon  design team and stakeholder feedback, using common practices, and engineering judgement.   SUBCONULTANT shall refine Lincoln/Mitchell Road mini roundabout configurations and develop 2D  geometry for the mini roundabout.     Deliverables:  • SUBCONSULTANT will develop 2D geometry of one roundabout configuration in sufficient detail for  the CONSULTANT to develop the 30% plans for SUBCONSULTANT review.    TASK 3.0 30% PLANS  SUBCONSULTANT shall review the 30% mini roundabout design prepared by the CONSULTANT for the  following elements of the roundabout and prepare a memorandum of findings to be submitted to the  CONSULTANT:     Geometric Design and WSDOT R‐values.   Accommodation of appropriate design vehicles   Traffic islands, curbs, mountable curbs, and traffic calming components   Roundabout related details    SUBCONSULTANT shall develop 30% illumination plans for the mini roundabout including:   AGI32 illumination calculations   Fixture, pole, pole foundation selection and layout   Conduit and j‐box layout   Electrical service location    Assumptions:   CONSULTANT shall provide pdf and AutoCAD files of 30% Design.   Illumination plan sheets for the mini roundabout will be included as part of the overall Bethell &  Lincoln Roundabout plan set.   Deliverables:  • SUBCONSULTANT shall provide a memorandum of findings to the CONSULTANT.  • SUBCONSULTANT will be available by phone to discuss the memorandum of findings.  • SUBCONSULTANT shall provide 30% illumination plans in CAD and PDF format  • SUBCONSULTANT shall provide illumination calculations in PDF format.    TASK 4.0 100% PLANS  SUBCONSULTANT shall review the 100% roundabout design prepared by the CONSULTANT for the following  elements of the roundabout and prepare a memorandum of findings to be submitted to the CONSULTANT:  Page 135 of 162 Skillings, Inc. Page 13 of 21 Project No. 20155     City of Port Orchard    Bethel & Lincoln Intersection Roundabout   Traffic islands, curbs, mountable curbs, and traffic calming components   Grades   Non‐motorized accommodations   Roundabout related details    SUBCONSULTANT shall develop 100% illumination plans for the mini roundabout including   AGI32 illumination calculation revisions   100% illumination plans   100% Illumination specifications   100% Illumination estimate    Assumptions:   CONSULTANT shall provide pdf and AutoCAD files of 100% Design.   Illumination plan sheets for the mini roundabout will be included as part of the overall Bethell &  Lincoln Roundabout plan set.   Deliverables:  • SUBCONSULTANT shall provide a memorandum of review findings to the CONSULTANT.  • SUBCONSULTANT will be available by phone to discuss the memorandum of findings.  • SUBCONSULTANT shall provide 100% illumination plans, specifications, and estimates in CAD and  PDF format    TASK 5.0 COMPLETE BID SET   SUBCONSULTANT shall review the complete Bid Set prepared by the CONSULTANT for the following  elements of the roundabout and prepare a memorandum of findings to be submitted to the CONSULTANT:   Traffic islands, curbs, mountable curbs, and traffic calming components   Grades   Non‐motorized accommodations   Roundabout related details    SUBCONSULTANT shall develop Complete Bid Ready illumination plans, Specifications and estimates for the  mini roundabout, including:   AGI32 illumination calculation revisions   Bid Ready illumination plans   Bid Ready Illumination specifications   Bid Ready Illumination estimate    Assumptions:   CONSULTANT shall provide pdf and AutoCAD files of the Compete Bid Set.   Illumination plan sheets for the mini roundabout will be included as part of the overall Bethell &  Lincoln Roundabout plan set.   Deliverables:  • SUBCONSULTANT shall provide a memorandum of review findings to the CONSULTANT.  • SUBCONSULTANT will be available by phone to discuss the memorandum of findings.  • SUBCONSULTANT shall provide Bid Ready illumination plans, specifications, and estimates in CAD  and PDF format  END SCOPE OF WORK  Page 136 of 162 Skillings, Inc. Page 14 of 21 Project No. 20155     City of Port Orchard    Bethel & Lincoln Intersection Roundabout  EXHIBIT B‐1  CONSULTANT COST COMPUTATION – MAN‐HOURS      PROJECT NO. 20155  CITY OF PORT ORCHARD  BETHEL AND LINCOLN ROUNDABOUT  SUPPLEMENT 1 MITCHELL MINI ROUNDABOUT        PRINCIPAL‐IN‐CHARGE SENIOR PROJECT MANAGER PROJECT ENGINEER ENGINEER ENVIRONMENTAL MANAGER PROJECT SCIENTIST STAFF SCIENTIST TECHNICIAN SURVEY MANAGER SURVEYOR SURVEY DRAFTER INSPECTOR TASK  # TASK DESCRIPTION                           100 PROJECT ADMINISTRATION AND  MANAGEMENT                          1 Update Management Plan.   6                       2 Update project schedule.    4                       200 SURVEYING SERVICES                          1 Utility potholes locations will be surveyed:                            a Coordinate traffic control.                      4      b  Field Topographic Survey of utility potholes  in vicinity of Lincoln and Mitchell  intersection                            10       c Update topographic survey map based on  field edits.                        2   9    300 ENVIRONMENTAL DOCUMENTS AND  PERMIT APPLICATIONS                          1 Additional Environmental Documentation  for Mini Roundabout                          1 Revise mitigation plan exhibits.          1   4               2 Revise JARPA application exhibits.    2     2   4 4           3 Revise SEPA checklist.         2   4             4 Revise Biological Assessment.         4 9               5 Revise NEPA Categorical Exclusion  document.   2     4   9             500 Design                          1 Utilities Coordination                          2 Review As‐Builts and enter information into  AutoCAD.      4 8         8          3 Review utility location information and  assess potential impacts.      4 8                   4 Conduct and coordinate utility locates and  potholing.      2 28                   5  Review utility locates and pothole  information and add to the design base  map.       4           16            6 Contact utility companies to verify utility  locations and depths.         2                   Page 137 of 162 Skillings, Inc. Page 15 of 21 Project No. 20155     City of Port Orchard    Bethel & Lincoln Intersection Roundabout  PROJECT NO. 20155  CITY OF PORT ORCHARD  BETHEL AND LINCOLN ROUNDABOUT  SUPPLEMENT 1 MITCHELL MINI ROUNDABOUT        PRINCIPAL‐IN‐CHARGE SENIOR PROJECT MANAGER PROJECT ENGINEER ENGINEER ENVIRONMENTAL MANAGER PROJECT SCIENTIST STAFF SCIENTIST TECHNICIAN SURVEY MANAGER SURVEYOR SURVEY DRAFTER INSPECTOR TASK  # TASK DESCRIPTION                           7 Review the concept designs and provide  feedback on conflicts with utilities.   4 4 8                   2 15% Conceptual Design                          1 Review Mitchell Rd roundabout  configurations by TSI.   2 4                     3 Provide feedback and comments on  configurations to TSI.   2 4                     3 30% Plans                          2 Update Basis of Design Notebook.    1 2 4                   3 Prepare preliminary stormwater/water  quality design for mini roundabout:                                     a Determine project limits and assess  threshold discharge areas (TDA).      1 2                   b  Determine area totals for existing pervious  and impervious areas, new and replaced  surfaces.       1 4                   c  Assess applicability of overall Minimum  Requirements and individual thresholds for  LID, water quality, and flow control.       2 2                   d  Select and implement preliminary design of  BMPs for LID, water quality, and flow  control.       2 4                   e Determine design storm for conveyance  calculations and sizing.         2                   f Document findings in preliminary  stormwater report.      2 4                   g Prepare design markups for preliminary  stormwater plans.      2 8                   4  Assess details of pedestrian access routes,  ADA compliance, and driveway access  locations.       2 8                   5 Prepare preliminary plans as noted below.   8 20 40         40            6 Prepare preliminary Quantities Notebook.     2 8                   7 Prepare 30% Engineer’s Estimate of  Probable Cost to Construct.   1 2 8                   8 Coordinate preparation of Right‐of‐Way  Plans.   1                       Page 138 of 162 Skillings, Inc. Page 16 of 21 Project No. 20155     City of Port Orchard    Bethel & Lincoln Intersection Roundabout  PROJECT NO. 20155  CITY OF PORT ORCHARD  BETHEL AND LINCOLN ROUNDABOUT  SUPPLEMENT 1 MITCHELL MINI ROUNDABOUT        PRINCIPAL‐IN‐CHARGE SENIOR PROJECT MANAGER PROJECT ENGINEER ENGINEER ENVIRONMENTAL MANAGER PROJECT SCIENTIST STAFF SCIENTIST TECHNICIAN SURVEY MANAGER SURVEYOR SURVEY DRAFTER INSPECTOR TASK  # TASK DESCRIPTION                           9  Assess potential Right‐of‐Way impacts.  Assume preparation of preliminary Right of  Way exhibits (2 exhibits for 2 properties).    2 2           4          10 Provide internal QA and QC and project  coordination. 2 8                       11  Subconsultant TSI will provide illumination  plans and peer review. Comments to be  addressed.    1 2 4         4          12  Plan Submittal: The Consultant will submit  the following anticipated additional plan  sheets for the mini roundabout.    1 2 2                   4 100% PS&E                          1 Phone conference with the City to discuss  30% PS&E and comments.   2 2                     2 Incorporate 30% PS&E comments.   2 4 16         16            3 Prepare final stormwater drainage report:                            a Update stormwater drainage report to  include changes made for the 100% PS&E.      2 8                   4 Prepare 100% level of plans.   16 40 160         160             5 Update Quantities Notebook.     2 8                   6 Prepare 100% Engineer’s Estimate of  Probable Costs to Construct.      6 16                   7 Prepare Draft Contract Bid Package:                            a GSPs and Special Provisions.     4 24                   8 Complete Basis of Design Notebook.   1 2 4                   9 Constructability review by our construction  inspectors.   8                    16  10 Provide internal QA and QC and project  coordination. 4 16                       11  Subconsultant TSI will provide illumination  plans and peer review. Comments will be  addressed.       4 4                   12 Plan Submittal: The Consultant will submit  the following anticipated plan sheets.   1 2 2                   5 Complete Bid Set                          1 Phone conference with City to discuss 100%  PS&E comments from City and WSDOT.   2 2                     2 Incorporate 100% PS&E comments.   2 2 4         4          3 Prepare Complete Bid Set. 2 4 4 8         8          Page 139 of 162 Skillings, Inc. Page 17 of 21 Project No. 20155     City of Port Orchard    Bethel & Lincoln Intersection Roundabout  PROJECT NO. 20155  CITY OF PORT ORCHARD  BETHEL AND LINCOLN ROUNDABOUT  SUPPLEMENT 1 MITCHELL MINI ROUNDABOUT        PRINCIPAL‐IN‐CHARGE SENIOR PROJECT MANAGER PROJECT ENGINEER ENGINEER ENVIRONMENTAL MANAGER PROJECT SCIENTIST STAFF SCIENTIST TECHNICIAN SURVEY MANAGER SURVEYOR SURVEY DRAFTER INSPECTOR TASK  # TASK DESCRIPTION                           4 Complete Contract Bid Package:     4                     a Special Provisions.   1 4 8                   5 Update Engineer’s Estimate of Probable  Costs to Construct.   1 2 4                   6 Submit package to City and WSDOT for their  review and approval as necessary:                                     a Complete Bid Set.   1 2 2         2          b Environmental clearance.    1   2                   7 Review City comments on Complete Bid Set.     2 4 4                   8 Make minor adjustments to Complete Bid  Set as reviewed by the City up to one time.   1 4 8         8          6 Bid Support Services                          1  Consultant will provide assistance through  bidding and award. This work is expected to  include:                                      a Prepare Bid Documents for the mini  roundabout as a bid additive.      1                     b Provide Bid Documents and addenda to  Builders Exchange for Distribution.      1                     c Responding to bidder’s questions.   1 4                     d Prepare addenda up to the level of effort as  shown in the fee estimate.   1 4 4         4          e Prepare and review Bid Tabulation.   1 1                       HOURS PER DISCIPLINE 8 109 177 440 13 9 21 278 2 14 9 16  Page 140 of 162 Skillings, Inc. Page 18 of 21 Project No. 20155     City of Port Orchard    Bethel & Lincoln Intersection Roundabout  EXHIBIT B‐2  CONSULTANT COST COMPUTATION – SUMMARY    NEGOTIATED HOURLY RATE (NHR):  Classification Man Hours x Rate = Cost    PRINCIPAL‐IN‐CHARGE 8 x $265.00 = $2,120.00     SENIOR PROJECT MANAGER 109 x $256.00 = $27,904.00     PROJECT ENGINEER 177 x $217.00 = $38,409.00     ENGINEER 440 x $145.00 = $63,800.00     ENVIRONMENTAL MANAGER 13 x $152.00 = $1,976.00     PROJECT SCIENTIST 9 x $115.00 = $1,035.00     STAFF SCIENTIST 21 x $101.00 = $2,121.00     TECHNICIAN 278 x $121.00 = $33,638.00     SURVEY MANAGER 2 x $204.00 = $408.00     SURVEYOR 14 x $135.00 = $1,890.00     SURVEY DRAFTER 9 x $81.00 = $729.00     INSPECTOR 16 x $131.00 = $2,096.00     Total Hours = 1096   Total NHR = $176,126.00          REIMBURSABLES:                     Mileage 0  x $0.560  = $0.00      Miscellaneous Expenses $0.00  x 0% = $0.00          Total Expenses= $0.00        SUBCONSULTANT COST (See Exhibit E):                     Aspect $0.00  x 0% = $0.00     TSI $33,087.00  x 0% = $33,087.00     Tierra Row $0.00  x 0% = $0.00     Tierra Cutural Resources $0.00  x 0% = $0.00     APS, Inc. $0.00  x 0% = $0.00         Total Subconsultants = $33,087.00          SUB‐TOTAL (NHR + REIMBURSABLES + SUBCONSULTANTS):             Sub Total = $209,213.00          MANAGEMENT RESERVE FUND:                     SUB TOTAL = $209,213.00  x  = MRF =  $0.00          GRAND TOTAL              GRAND TOTAL =  $209,213                                    PREPARED BY:     DATE:               REVIEWED BY: Mike Horton, PE   DATE: 5/17/2021             Page 141 of 162 Skillings Connolly, Inc. Page 19 of 21 Project No. 20155   Supplemental Agreement No. 1   City of Port Orchard   Bethel & Lincoln Intersection Roundabout EXHIBIT C‐1 SUBCONSULTANT COST COMPUTATION – SUMMARY  City of Port Orchard Lincoln/Mitchell Roundabout Exhibit B 05/17/2021 Transportation Solutions Inc ENGR VIII ENGR VIII ENGR V ENGR V SR. TECH Engr 1 Admin V VLS KAH ALB MLM MJS DBH JAB Victor Kirk Andrew Michelle Mike Daniel Jill Salemann Harris Bratlien Mach Schaefer Hodun Berberich $ 235.00 $ 235.00 $ 168.50 $ 180.00 $155.00 $105.00 $115.00 Anticipate Work Elements Task(s) Task Hours Task Cost TASK 1.0 PROJECT MANAGEMENT  24 0 0 0 0 0 14 38 $ 7,250.00 Coordination 8 6 Monthly Progress Reports and Invoices 8 8 Public Involvement 8       TASK 2.0 CONCEPTUAL DESIGN 6 0 2 4 12 0 0 24 $ 4,327.00 Data Collection/Review  Refine Lincoln/Mitchell Road 2 2 2 Page 142 of 162 Skillings, Inc. Page 20 of 21 Project No. 20155      City of Port Orchard      Bethel & Lincoln Intersection Roundabout City of Port Orchard Lincoln/Mitchell Roundabout Exhibit B 05/17/2021 Roundabout Configurations Develop 2D Geometry for Lincoln/Mitchell Configuration 4 2 12          30% PLANS 2 4 0 28 16 0 0 50 $ 8,930.00 Review Roundabout Geometry 1 12 Review Islands and Curbs  8 Develop 30% Illumination Design  4 16 Review Roundabout Details  4 Peer Review Memo 1 4    100% PLANS 2 2 0 12 12 0 0 28 $ 4,960.00 Review Roundabout Geometry 1 4 Review Islands and Curbs  2 Develop 60% Illumination Design  2 12 Review Details  2 Peer Review Memo 1 4    COMPLETE BID SET 2 2 0 8 8 0 0 20 $ 3,620.00 Review Roundabout Geometry 1 2 Review Islands and Curbs  2 100% Illumination Plans  2 8 Review Details  2 Peer Review Memo 1 2 Page 143 of 162 Skillings, Inc. Page 21 of 21 Project No. 20155      City of Port Orchard      Bethel & Lincoln Intersection Roundabout City of Port Orchard Lincoln/Mitchell Roundabout Exhibit B 05/17/2021 Labor Estimate 36 8 2 52 48 0 14 160 $ 9,087.00 Expense Estimate Travel 0 miles $ - Traffic Counts 0 counts $ - Roundabotix $4,000.00 each $ 4,000.00 Expenses $ 4,000.00 Grand Total $33,087.00         Page 144 of 162 U:\Staff Reports GS50-05A-13\2021\20210608\7E 03 Skillings Inc. (C029-21)_Contract Supp #1.doc Page 1 CITY OF PORT ORCHARD Authorization for Supplemental Agreement No. 1 Date: June 8, 2021 Contractor: Skillings, Inc. Project: Bethel & Lincoln Intersection Roundabout Project 5016 Lacey Blvd. SE Contract / Job # C029-21 Lacey, WA 98516 Amount Sales Tax Total Date Appvd by Original Contract $537,454.00 $537,454.00 09-Feb-21 Council Amendment 1 $196,900.00 $196,900.00 25-Nov-20 PW Director Total Contract $734,354.00 $0.00 $734,354.00 Contract History I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Contractor Approval Signature Public Works Director/City Engineer MARK R. DORSEY, P.E. Printed Name & Title Printed Name Approved: Mayor Attest: City Clerk Council Approval Date THIS CHANGE ORDER AUTHORIZES; Additional scope and budget to include the full design of a compact roundabout at the Lincoln & Mitchell Intersection (Alt. #1), for inclusion within the Bid Set as an Add Alternate. All terms and conditions of the underlying Contract, other than those expressly modified by this Change Order, remain in effect. Change Orders that do not exceed 10%, with a maximum of $50,000, of either legally authorized budget limit or contract amount established by City Council can be approved by the Public Works Director. Change Orders that do not exceed 10%, with a maximum of $100,000, of either legally authorized budget limit or contract amount established by City Council are to be approved by the Mayor. Change Orders over $100,000 or exceed a total of 10% require Council Action. Page 145 of 162 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7F Meeting Date: June 8, 2021 Subject: Approval of a Carnival Application with Prepared by: Brandy Rinearson, MMC Paradise Amusements City Clerk Atty Routing No.: N/A Atty Review Date: N/A Summary: Port Orchard Municipal Code (POMC) 5.32.080 requires Council approval of an organization requesting to operate a Carnival within the City. On June 4, 2021, Paradise Amusements, Inc. submitted an application requesting to hold a carnival on the Port Orchard waterfront with set up from Tuesday, July 6th through Wednesday, July 7th; open to the public from Thursday, July 8th through Sunday, July 11th; and tear down the night of Sunday, July 11th to Monday, July 12, 2021. Staff has reviewed the application and has the following comments: Clerk’s office: Farmer’s Market submitted their application on March 15, 2021, and was approved by the City on April 16, 2021, for the Port Orchard Farmers Market scheduled for all Saturday’s starting from April 17 to October 16, 2021. The event is being held at the Port Orchard Waterfront Park and is open to the public from 9:00am to 2:00pm. It is the City’s understanding that the two event organizers are in discussions to coordinate these two events. Farmers Market is willing to work with other event organizers if, they can relocate to a suitable location. They have historically relocated for a few Saturdays in the past throughout their season. Run Amok Racing, Inc., submitted their application on May 27, 2021, for the Yukon Do It! Summer Edition run/walk marathon scheduled for Sunday, July 11, 2021. The Application is still pending approval. The event would start at the Port Orchard Waterfront Park and will be open to the public from 5:00am until 3:00pm. It is the City’s understanding that the two event organizers are in discussions to coordinate these two events. Run Amok Racing is willing to work with other event organizers if, they have the fire lane to get in and out, be allowed to use the space to unload everything in front of the gazebo, and to have full use of the 6 spots for parking their trucks. Port of Bremerton is supportive of the use of the stalls as described. Community Development: Special Use Permit has been or will be submitted for the dates of July 3rd and 4th by Peninsula Beverage Co. Public Works and Police: Regarding the complete closure of parking lots #3, #4, and Harrison Avenue: Harrison is the only way in and you cannot legally take a left out of Harrison onto Bay Street. This may impact all the businesses that rely on Harrison to access their shops and provide parking. Parking has been consumed for the businesses, public, and the paid commuters. The parking, in conjunction with another event, will not be available for a full week. Logistically, this is not the correct location for this event. Page 146 of 162 Staff Report 7F Page 2 of 2 Kitsap Transit: No concerns if, the access along the proposed dashed lines (indicated on the attached map) is wide enough for the buses to travel through. If it is like any other events, no complaints have been received. Kitsap Public Health District: The food vendors may need a food service establishment permit. Recommendation: N/A Relationship to Comprehensive Plan: N/A Motion for consideration: I move to approve the carnival license application from Paradise Amusements, Inc., to hold a carnival at the Port Orchard waterfront and allow use of the downtown parking lot as described’ starting Monday, July 5, 2021 to Monday, July 12, 2021. Fiscal Impact: Unknown. Alternatives: Deny the application or approve with conditions. Attachments: Carnival application and map. Page 147 of 162 Page 148 of 162 Page 149 of 162 Page 150 of 162 Page 151 of 162 Page 152 of 162 Page 153 of 162 Page 154 of 162 City of Port Orchard Council Meeting Minutes Work Study Session Meeting of May 18, 2021 CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the City Clerk as follows: Mayor Pro-Tem Ashby Present via Remote Access Councilmember Chang Present via Remote Access Councilmember Clauson Present via Remote Access Councilmember Cucciardi Absent via Remote Access Councilmember Diener Present via Remote Access Councilmember Lucarelli Present via Remote Access Councilmember Rosapepe Present via Remote Access Mayor Putaansuu Present via Remote Access Staff present via Remote Access: Public Works Director Dorsey, Community Development Director Bond, Deputy Police Chief Main, Finance Director Crocker, City Attorney Archer, City Clerk Rinearson, and Deputy City Clerk Floyd. Mayor Putaansuu said Pursuant to the Governor’s “Stay Home - Stay Safe” Order, the City will conduct the meeting through Zoom. Pledge of Allegiance Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 1. Final Draft Downtown Subarea Plan & Proposed Amendments to Comprehensive Plan and Development Regulations Development Director Bond explained this is the last opportunity to review the plan before bringing it forward for adoption. A presentation was brought before Council in March which was in advance of it going before the Planning Commission. A few changes have been made in response to comments from the Council. Since then, the SEPA process has concluded and issued the Environmental Impact Statement on this plan. The Planning Commission held a public hearing about two weeks ago with no opposition testimony heard, and the Planning Commission recommended the document for City Council approval. Additionally, he spoke to piped streams, reconfiguration of the west downtown area due to the project location, intersection improvements, road elevation due to flooding and future development, Page 155 of 162 Minutes of May 18, 2021 Page 2 of 3 open spaces and parks along the waterfront, redevelopment of the site at Frederick and Bay Street, shared street and on-street parking, expanding Marina park, structured parking, downtown height overlay district changes, county campus provisions, existing and proposed zoning changes, changes to the land use element of the comprehensive plan due to implementation of the subarea plan, amendments to the downtown mixed use district, downtown redevelopment, view protection overlay district, changes to use tables for the zones, parking zoning change, and sidewalks and frontage improvements. Additional discussion was held regarding preserving historical Port Orchard, public noticing, possible road closures, height increases and clock tower height, grocery store, parking stalls, single bedroom apartments, comments received during a Planning Commission meeting, and next steps. Council Direction: No direction to staff. 2. WASPC Grant-Mental Health Field Response Team Deputy Police Chief Main noted the Kitsap County Sherriff’s office reached out to us, asking if we could partner with them to be a part of this grant they want to apply for. It is a grant that would allow the hiring of two new designated crisis responders and allow them to come out to the field and provide their expertise when facing someone in a crisis, hopefully 24-hours a day they could be on- call. This would be a pilot program for the south end. This gives our officers another de-escalation tool in our toolbox. After a brief discussion, Council had no concerns with the Police department partnering with Kitsap County on this grant. Council Direction: No direction was given to staff. 3. Water System Capital Facility Charge Finance Director Crocker provided a presentation which included discussion timeline, Port Orchard Municipal Code related chapters, extension of water, water system capital improvement plan, alternatives and staff recommendation of alternative D, water capital facilities charge proposal, credits and exemptions, policy direction of the Council, and next steps. Community Development Director Bond spoke to implementation and impacts to his department. Additional discussion was held regarding historical usage, credits, code revisions, redevelopment opportunities, and fee charges. Council Direction: No direction was given to staff. 4. Council Meetings Structure Page 156 of 162 Minutes of May 18, 2021 Page 3 of 3 Mayor Putaansuu said based upon the Governor’s reopening plan and if everything continues to go well, we could have our first Council meeting in-person, in July. We are planning a soft opening of City Hall on June 7th. We would like to still limit the number of people and vendors who visit City Hall and will also not have facility rentals at this time due to the cleaning requirements. Staff is working on a new policy related to allowing a vaccinated employee to not wear a mask in the workplace. Discussion was held regarding allowing some remote access for Councilmembers during Council meetings and having meetings held in-person while allowing some remote capabilities, and continuation of remote committee meetings. Council Direction: No direction was given to staff. GOOD OF THE ORDER Mayor Putaansuu said next week, we plan to ask Council to repeal the resolution related to festivals so we can start processing event applications. Also, the park survey will be up and running soon. Community Development Director Bond noted we are waiting for responses from Land Use Committee members regarding scheduling a meeting, and the McCormick Urban Village survey is now live on the website and Facebook. ADJOURNMENT The meeting adjourned at 8:00 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 157 of 162 Option 1:Covers 20%-25% Peak Demand1,600 sf Array Page 158 of 162 Option 1:Covers 20%-25% Peak Demand1,600 sf Array Page 159 of 162 Option 2:Covers 40%-50% Peak Demand3,200 sf Array Page 160 of 162 Option 2:Covers 40%-50% Peak Demand3,200 sf Array Page 161 of 162 X X X X XXXXXXXXX X XX X X PROSPECT STREETBAY STREETKITSAP STREETBANK STREETXXXX XXXXX X X X XXXXXXXXX X XX X X PROSPECT STREETBAY STREETKITSAP STREETBANK STREETXXXX XXXX1,600 SFArray1,600 SFArrayPage 162 of 162