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HomeMy WebLinkAbout02/02/00 AGENDA CITY COUNCIL AGENDA FEBRUARY 2, 2000 1. CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business 2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion. If separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. A. Minutes of Meeting - January 12, 2000 #AB00-024 B. Motion to Designate Membem to the Audit CommiEee ~ABO0-025 4. C~IMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. LEGISLATIVE REPORT 8. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) 9. NEW BUSINESS 10. RESOLUTIONS A. Resolution No. 2736 SuppoAing the Year-2000 Census ¢AB00-029 B. Resolution No. 2737 Declaring the City of BremeAon's CAB00-030 Resolve to Resist all Future Unfunded Mandates 11. ADJOURNMENT OF MEETING MONTHLY STUDY SESSION TO IMMEDIA TEL Y FOLLOW... AGENDA BILL BREMERTON CITY COUNCIL FEBRUARY 2, 2000 1. SUBJECT: FOR AGENDA OF: ORIGINATING DEPT: C I TY C0UNC I L MINUTES OF MEETING- JANUARY 12, 2000 ORIGINATOR: CAROL ARENDS~ PRESIDENT DATE SUBMn-FED: JANUARY 20, 2000 2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS: ENDORSEMENT INFORMATION__ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR: COUNCIL PRESIDENT: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 8. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION: PULLED__ TABLED__ APPROVED__ DISAPPROVED AME~~~_ COUNCIL DIRECTIVE: DATE:__ 11. AGENDA BILL NO: OO ' O~-~ 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT (continued): 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RE;SEARCH SOURCES: TAPES #1678 & #1679 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES January 12, 2000 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4"~ Street, Bremerton, Washington, Wednesday, January 12, 2000, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Jim Reed, Conrad Esser, Mike Shepherd, Ed Rollman, John Law, Cecil McConnell, and Wayne Olsen. Council member David Farr was absent. Also present were City Attorney Glenna Malanca, Deputy City Clerk Paula Johnston, and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council President Arends, followed by the invocation, given by Deacon Jim Bemis of Our Lady Star of the Sea Church. Jim Reed/eft the meeting at approximately 5:35 PM. President Arends made the following announcements: (1) City Council held a Pre-Council Session in the Council Conference Room to discuss general Council business, along with a report on Endangered Species from Mike Shepherd; (2) Item lO(B) First Reading of an Ordinance to Establish a S~)ecial Election Date of May 16, 2000 for a Parks & Recreation Bond has been postponed to January 19, 2000. CONSENT AGENDA A. Minutes of Meeting - December 22, 1999 #AB00-004 #0100 M/S/C/U (McConnell/Olsen) Motion to approve Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0145 M/S/C/U (Law/McConnell) On January 12, 2000, the Council does approve for payment as follows: 237551, 237552, 237554 through 237771, and 237787 through 237878 in the amount of $1,086,987.04. COUNCIL MEMBER REPORTS Mike Shepherd announced the following: 1) The next District 5 meeting would be held Thursday, January 20, 2000, 6:30 PM at the Memorial Lutheran Church located at 10"~ & Veneta to discuss "Fire Prevention" and the proposed Recreation Community Center; 2) He was happy to see such a good turnout at the meeting held at the Admiral Theater last night to discuss ideas for the proposed County/City Government building; and 3) The 6th Annual Dr. Martin Luther King, Jr. Celebration would be held Monday, January 17, 2000 from 10:30 A.M. to 1:00 P.M. at the Kitsap Pavilion, with Dr. Rev. Cleveland Williams. The theme for the event is "In Step with the Drummer", and is free to the public. Ed Rollman referred to a Bremerton Patriot editorial about the problem with downtown parking, and encouraged citizens to call the Mayor (478-5266) or the Council office (478-5280) with any ideas to improve the parking situation downtown. He has also asked the Mayor to create a "Parking Solution Task Force" for the downtown area which could work with the similar Committee formed at Puget Sound Naval Shipyard. Lastly, he announced that "Interim Books" in downtown Bremerton has a wide range of books to offer, and encouraged citizens to "check it out". TAPES #1678 & #1679 City Council Reg. Mtg. Minutes ' January 12, 2000 Page 2 of 5 John Law announced the Monthly District 3, Lower Manette meeting would be held Tuesday, January 18, 2000 at 7:00 P.M. at the Senior Center located at 13th & Nipsic. Gene Sampley, Director for the Public Works & Utilities Department would be the guest speaker to discuss the "Cooperative Approach to Combined Sewer Overflow Separation Program". MAYOR'S REPORT - There was no report this evening. LEGISLATIVE REPORT - There was no report this evening. Jim Reed returned to the meeting at approximately 5:45 PM. PUBLIC RECOGNITION Don Larson, President of Kitsap Diving Association, encouraged the Council members to research ideas about a nautical-theme village similar to San Diego's "Seaport Village" for the City of Bremerton, and distributed a number of handouts in connection with his desire for an Underwater Park. Jack Lefcoski offered his support for these ideas, and urged the City to get involved. Susan Brown commented on the recent articles regarding the Chinook foot ferry lawsuit. David G. Jensen voiced his concerns over increased parking fees. Paula Johnston stated the City Administration and City Council requested a review of the parking fees, and approved the increases during a public meeting in December. She pointed out the fees are still under the "market rate". Larry_ Dickerson and Jeff Torine voiced their concern over the costs and need for a Parks Bond "special election", and asked the Council to wait until the General Election in November John Becket was pleased with the presentation on the government center and encouraged the City to support such a project. 9A - PROFESSIONAL SERVICES AGREEMENT WITH MONTGOMERY WATSON FOR PRE- DESIGN SERVICES FOR THE CALLOW AVENUE BASIN CSO REDUCTION PROJECT, PRIORITIES 3 AND 5. #AB00-005 Randy Wit't, City Engineer, reported that the City has negotiated a Professional Services Agreement with Montgomery Watson to provide pre-design activities on the Callow Avenue Combined Sewer Overflow Project, Priorities 3 and 5. These pre-design activities will include mapping and modeling of the system improvements identified in the Callow Avenue Basin Combined Sewer Rehabilitation and Storm Drainage Separation Engineering Report (April 1994) prepared by CH2M Hill. The not to exceed amount of this agreement is $130,992. Funding for this work is available from a Washington Department of Ecology, State Revolving Fund Loan. Staff recommends approval of the agreement. There were no questions or comments from the public. #1110 MISlC/U (Reed/Shepherd) Motion to authorize and direct the Mayor to execute the attached agreement with Montgomery Watson for pre-design activities in the Callow Avenue Basin Combined Sewer Overflow Reduction Project, Priorities 3 and 5, in an amount not to exceed $130,992. 10A - ORDINANCE (FIRST READING) AUTHORIZING THE ISSUE OF A $1,,~50,000 TAX ANTICIPATION NTOE, AND ACCEPTING THE PURCHASE OFFER FROM SEAFIRST BANK #AB00-006 TAPES #1678 & #1679 City Council Reg. Mtg. Minutes January 12, 2000 Page 3 of 5 Rich Hanna, City Treasurer, briefly reported that the City's General Fund would operate in a deficit cash position through most of the year without some form of cash flow financing. Analysis indicated that issuance of a Tax Anticipation Note, is the most economical way of financing this cash flow need. Jeff Perdine questioned the costs for incurring this note on an annual basis. Mr. Hanna explained that due to the City's "Tax Exempt" status, this is a very economical way of financing for the City. #1365 M/S/C/U (Shepherd/Reed) Motion to approve on first reading the Ordinance authorizing the- issue of a Tax Anticipation Note and accepting the purchase offer of Seafirst Bank. Item is postponed until next City Council meeting on January 19, 2000. 11A - PUBLIC HEARING AND RESOLUTION NO. 2733, REGARDING RECOVERY OF FEE~ FOR THE ABATEMENT OF GARBAGE AND DEBRIS ON THE PROPERTY LOCATED AT 184 VALLEY DRIVE. #AB00-008 Janet Lunceford, Building Specialist D, reported that on July 20, 1999, an Order to Remove Refuse within '72 Hours was posted on the property located at Lot 184 Valley Drive due to the presence of a large culvert and other debds and garbage on the site. The notice was mailed by both certified and regular mail to the owner of record, Ricky J. Towne. The certified mail copy was returned by the Post Office as "unclaimed" on August 9, 1999 after three attempts to deliver it. On November 29, 1999, the culvert and debris were removed by City crews at a cost of $710.30, which includes administrative fees. Council must now decide if the fees are just and how they should be collected. There were no questions or comments from the public. #1490 M/S/C/U (Law/McConnell) Motion to approve Resolution No. 2733, and order that the fees incurred for the abatement of garbage and debris located at Lot 184 Valley Drive be collected as reasonable abatement costs and become a lien against the property. 11B - PUBLIC HEARING, AND RESOLUTION NO. 2734, REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF FIRE DAMAGED DUPLEX ON THE PROPERTY LOCATED AT 1717 AND 1714 HOUSTON AVENUE, #AB00-009 Janet Lunceford, Building Specialist H, reported that in June of 1995, the duplex located at 1712 and 1714 Houston Avenue was heavily damaged by fire. The building remained secured until 1998, when vagrants and vandals began occupying the structure at night. The building was abated as dangerous in June of 1998, and the owner of record at that time was notified of the conditions required to be corrected. The owner took no action, and Public Works secured the building against entry in July of 1998. A foreclosure action caused the property to change hands. The new owner was notified of the abatement in October of 1998.1n August of 1999, the building was demolished by Public Works. The cleanup of the property was completed in November. The total cost of the abatement of this structure amounted to $19,919.91. Council must now decide if the fees are just and how they should be collected. There were no questions or comments from the public. #1615 M/S/C/U (Shepherd/Law) Motion to approve Resolution No. 2734, and order that the fees incurred for the abatement of be collected as reasonable abatement costs and become a lien against the property. TAPES #1678 & #1679 City Council Reg. Mtg. Minutes January 12, 2000 Page 4 of 5 11C - QUASI-JUDICIAL PUBLIC HEARING AND ORDINANCE (FIRST READING) ON DEVELOPMENT AGREEMENT FOR NORTHWEST CORPORATE CAMPUS (PL99-0073); APPLICANT: RON SClEPKO. #AB00-010 (item continued from December 22, 1999) Due to this being a Quasi-Judicial Public Hearing, President Arends asked if any Council member believed their participation would conflict with the A.opearance of Fairne$~ Doctrine, and if so, they should be excused. She further asked if any member of the public believed if any Council members should excuse themselves due to a conflict with the Appearance of Fairness Doctrine. All Council members remained seated. Jon Holan, Interim Community Development Director, reported that the hearing involved adoption of a proposed development agreement for the development of an industrial park on 188 acres located north of Old Clifton Road, south of State Highway 16, and west of Anderson Hilt Road. He then summarized the Staff Re_port dated January 12, 2000 into the record, which provided 1) Background Information; 2) Comprehensive Plan and Zoning Designations; 3) Environmental Determinations; 4) Provisions of the Development Agreement; 5) Alternatives for City Council Action; and 6) Staff Recommendation. Mike McCuddin, a volunteer member of the "Anderson Creek Stream Team" and the "Association to Protect Anderson Creek", and also a resident in the vicinity of the proposed project, stated the Mitigated Determination of Non-Significance, which concluded that all potentially significant environmentally impacts would be mitigated, is being appealed because they believe the proposed project would have significant environmental impacts that can not be mitigated. He discussed several reports and studies, which supported the concerns over potential erosion, and asked that an Environmental Impact Statement be prepared, and that further study be done prior to a decision. TAPE #1679 Helen Haven Saunders, President of the "Association to Protect Anderson Creek", provided a "Mission Statement" to further describe the reasons for the appeal. She expressed additional concem over the potential devastating and irreversible impacts to the environment from this proposal. A newsletter produced by the "Anderson Creek Stream Team" was distributed to the Council to show the Association's dedication to maintaining, preserving, and protecting the area. Ronald Sciepko summarized the goals of the Northwest Corporate Campus and emphasized that extensive studies have been conducted in the planning of this project. Dennis Hanberg, Managing Partner of Apex Engineering, here to represent Mr. Sciepko, stated that stream corridors and slopes identified through project review helped to shape project property and design. Bill Lynn, Land-Use Attorney with Gordon Thomas Honeywell, also here to represent Mr. Sciepko, emphasized that extensive environmental studies have been conducted and that information has been reviewed by the appropriate agencies (Planning Commission, Suquamish Tribe, Department of Ecology, and Department of Fish & Wildlife). He pointed out that since the applicant provided objective information to support the project, the appellants must also provide verifiable information to indicate a need for an environmental review. TAPES #1678 & #1679 City Council Reg. Mtg. Minutes January 12, 2000 Page 5 of 5 Warren O/son, Executive Director of the Economic Development Council; Phil Berry, City's Director of Economic Development; and Patrick Boyle, Commercial Real Estate Developer, offered additional comments in support of the project. Mr. She_Dherd concluded that this project appeared to be done right, but referred to pages 182-187 of the Council packet, regarding the "Conditions for Approval by the Bremerton Planning Commission", and asked for clarification. Mr. Holan explained there is a hydraulic study as well as engineering studies; the applicant will have to seek approval from the County for all°areas out of the City's jurisdiction such as the wetlands; and that further SEPA review will take place. Mr. McConnell raised concerns about the location of the roads shown on the map. Mr. Holan stated there would be further analysis to determine the exact locations. Mr. Esser asked for additional clarification on the incorporation of sewer service and future hookups. Mr. Holan explained that Mr. Sciepko, along with City staff, have been involved in negotiations with officials from the City of Port Orchard. He stated that if there were an opportunity and an agreement for the City of Bremerton to serve the area, it would serve the entire site, rather than just a portion of the site to ensure economic viability. Mr. Esser acknowledged this could be a very successful project for the community, but suggested a 250-foot, or possibly a 500-foot setback from streams. Mr. Hanberg responded that the Conceptual Design was done for all five phases, which actually included two or three holding ponds in vadous strategic locations, designed with the latest criteria to absorb run-off at a natural rate. If the cdteria would change, they would resize accordingly. Mr. Sciepko pointed out that they have agreed to formulate a program to monitor several locations both upstream and downstream, and assured the Council they would be in complete compliance with local guidelines. As far as setbacks, they have gone farther out than required in all practical instances. Mr. Reed questioned the appellant's lack of documentation to contradict the information supplied to the Council by the developer. He discussed further issues of stormwater runoff. #2370 M/S/C/U (Shepherd/Reed) Motion to approve Ordinance on first reading to adopt the proposed development agreement for Northwest Corporate Campus industrial development based on the City Council's specific determination that the Mitigated Determination of Non-Significance for the proposal is upheld, and that the proposed agreement is consistent with the requirements of BMC 21.02.900 and RCW 36.70B.170. With no further business meeting adjourned at: 8:20 P.M. PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton PJ/CNIs C: Normal Distribution File A~ENIIA BILL BREMERTON CITY COUNCIL 1. S~JECT: FOR AGENDA OF: February ~ , 2000 Motion to Designate Members ORIGINATING DEPT: City Auditor to the Audit Committee ORIGINATOR: Michael Stephenson DATE SUBMITTED: January 26, 2000 2. CT_.~CES: (Comme~nt on back if necessary) 3. EXHIBITS: G~enna ~ala/]ca, City Attorney Counc~ Study Sessions ~iscal~. B~get Chairman . O~~~~~~rma n ENDORSEMENT~ INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SDI~M~_RX STAT~ENT AND REQUIREMENT FOR COUNCIL ACTION: Ordinance No. 4681, section 1, Chapter 2.18.020 states "... There shall be an Auditing Committee consisting of two Council members and an independent Certified Public Accountant to be designated by Council, and two Bremerton residents selected by the designated members of the Audit Committee. The City Council may designate by majority vote one alternate member to serve in the absence of either or both of the appointed Council Members." "... the Committee shall elect one of the elected Council members as Chairman." It is recommended that the City Council designate Council members John Law and Wayne Olsen to the committee. It is also recommended that the City Council designate Jim Reed as the alternate member to the Audit Committee by Motion. 8. RECO~ENDATION: Record Motion: Motion to approve appointment of John Law, Wayne Olsen and Jim Reed (alternate) to the Audit Committee. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION ~ PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: COUNCIL DIRECTIVE: AG A ILL NO.: 00-0 5. IMPA~T OF NON-PASSAGE: Membership requirements of Ordinance No. 4681 will not be fulfilled. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES~ EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: AUDIT-COMMITTEE - 1/24/00 AGENDA BILL BREMERTON CITY C6UNCIL 1. SUBJECT: BUDGET ADJUSTMENT and FOR AGENDA OF: --Jef~E6~, 2000 DECLARATION OF SURPLUS ORIGINATING DEPT: Treasurer~ ORIGINATOR: Rich For Replacement of City Vehicles DATE SUBMITTED: Jan. 1~, 2000 2. CLEARANCES: Comment of back if necessary) 3. EXHIBITS: Dir. Admin. Se~'~.~,, ~.~. ~ ..-~~ Budget Adjustment Request No. 00-3 Fiscal & Budget ,,// Operations Comm.~' ENDORSEMENTS X INFORMATION ~ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: This adjustment will update the budget for changes in planning for vehicle acquisition and replacement which have occurred since the budget was developed in the fall of 1998. Council is also asked to declare as surplus the vehicles shown for replacement on the schedule supporting the Budget Adjustment Request. 8. RECOMMENDATION: 1. Motion to approve Budget Adjustment Request No. 00-3 2. Motion to declare the vehicles scheduled in the supporting documents as surplus. 9. RESPONSIBLE OFFICIAL: Treasurer ENFORCEMENT OFFICIAL: Mayor EXPIRATION DATE: 12/31/00 REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED ~ TABLED ~ APPROVED DISAPPROVED AME--NDE~~L~ COUNCIL DIRECTIVE: 11. AGENDA BILL NO: OO ' O ~i~ 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The budget for equipment replacement and procurement will remain as ordginally adopted. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES, EQUIPMENT OR OTHER RESOURCES: As documented in the attached Budget Adjustment Request and supporting materials. 7. RESEARCH SOURCES: Current Budget, Mid -biennium budget review, analysis by fleet maintenance staff. ~. CITY OF BREMERTON - BUDGET ADJUSTMENT R~QUEST .- Requesting Department: EQUIPMENT RENTAL, Adjustment Number: 00-3 GENERAL, SIU I Approvai Authority Required: ~"~Treasurer [-]Mayor [-- Fiscal & Budget [-'-X~Council SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount Equipment Rental: Reduce Ending Cash 170,500 Increase Capital 170,500 Police SIU: Reduce Ending Cash 26,500 Increase Capital 26,500 NARRATIVE: This adjustment will update the budget to correspond with changes in equipment procurement / replacement which have occurred since passage of the budget in 1998. These changes are detailed in the schedule attached. Department Head Signature'"'----Date Director Signature Date Treasurer Comments: ~ Recommended ecommended Treasurer's Signature Mayor Comments: ~ Rec°mmended r---~ N°t Rec°mmended ~.~ ,~ ~D~at/e /~._z~ ~--~ Approved r----] Denied ~ Ma~or~s Signature Fiscal & Budget Committee Comments: Approved r'~ Denied F~s~cal & Budget Committee Signature Date Modification of the 2000 Vehicle Fundinc~ Bud(~et ~/ PROPOSED CURRENT BUDGET VEH # DESCRIPTION REPLACEMENT BUDGET BUDGET REVISION FUND 5 91 Dodge D150 4x2 P/U GMC Sonoma 4x2 ext cab $ 16,000 $ - $ 16,000 Equip Rental 7 89 Chev. 1500 4x2 P/U 2000 Chev Astro Van 4x4 25,000 25,000 Equip Rental 14 91 Dodge D150 4x2 P/U GMC Sonoma 4x2 ext cab 16,000 - 16,000 Equip Rental 24 90 Dodge D150 4x2 P/U GMC Sonoma 4x2 ext cab 16,000 15,000 1,000 Equip Rental 26 90 Dodge D150 4x2 P/U GMC Sonoma 4x2 ext cab 16,000 15,000 1,000 Equip Rental 32 80 Fruehauf Trailer N/A - 12,000 (12,000) Equip Rental 33 92 Ford F150 4x4 P/U 2000 Ford Ranger 4X4 P/U 20,000 - 20,000 Equip Rental 36 90 Ford 555C Backhoe To Be Determined 61,500 - 61,500 Equip Rental 40 87 Smiley S-86003 Equip trlr Trailking TK40 Tilt trailer 13,000 12 000 1,000 Equip Rental 93 83 Chev C20 van 2000 Chev G3500 Van 22,000 25 D00 (3,000) Equip Rental 343 83 GMC Brig. W/Gehl sprdr 2000 Intern 2674 w/aerosprdr 150,000 80 000 70,000 Equip Rental 354/367 89 Chev 3500 w/svc box 2000 Ford F450 4x4 w svc bdy 42,000 35 000 7,000 Equip Rental 361 88 Inter F1954 w/810c Vactor Intern 2574 w/2100 Vactor 245,000 250 000 (5,000) Equip Rental 1242 90 Ford Tempo N/A - 17.500 (17,500) Equip Rental 1835 90 J.D 755 Tractor w/60" deck 4100 series J.D w/ 60" mow dk 17,000 15000 2,000 Equip Rental 1858 91 Ford Ranger 4x2 P/U GMC Sonoma 4x2 ext cab 15,500 15 000 500 Equip Rental 1863 92 Ford Ranger 4x2 P/U GMC Sonoma 4x2 ext cab 15,500 15 000 500 Equip Rental 1864 92 Ford Ranger 4x2 P/U Dodge 3/4 ton 4x2 reg cab 19,500 15 000 4,500 Equip Rental Parks 93 Ford Ranger 4x2 P/U N/A 15 000 (15,000) Equip Rental 3083 90 Dodge B350 Cargo van 2000 Chev G3500 Van 22,000 28,000 (6,000) Equip Rental 3074 91 Bomag Roller N/A 30,000 (30,000) Equip Rental Police Patrol Car#1409 2000 Ford Crown Vic (lea) 26,500 26,500 Police SIU Police Patrol #1403 1411 1429 1466 2000 Ford Crown Vic (4 ea) 125,000 125,000 - General Utility New Addition 2000 Ford Ranger 4X4 P/U 20,000 20,000 Equip Rental Utility New Addition 2000 Jeep Cherokee 25,000 25,000 Equip Rental Utility New Addition Sullivan Air Compressor 13,000 13,000 Equip Rental Miscellaneous N/A 42,500 42,500 - Equip Rental $ 883,500 $ 787,000 $ 197,000 Fund Totals: Equipment Rental $ 732,000 $ 662,000 $ 170,500 General Fund 125,000 125,000 - Police SIU 26,500 - 26,500 Additional Vehicle Surplus: 1912 1982 Chevrolet Ameri-Corps AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: INTERLOCAL AGREEMENT FOR AGENDA OF: February 2, 2000 WITH THE TRACYTON WATER DISTRICT ORIGINATING DEPT: Public Works & Utilities. ORIGINATOR: W. Eugene Sampley, Drre, gtpr DATE SUBMITTED: January 18, 2000 2. CLEARANCES: (comment on back~) Z~ 3~ E~XHIBIT~S City Attomey City Treasurer ~ ~ . ~~.. A. Tracyton Water District Map. Administrative Services Department "~'<x ~ ~ B. Interlocal Agreement. Council Budget & Finance Committee // Operations Committee /~')~~/~'--~~ ENDORSEMENT Y INF~M~ON APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR:~?r~ pal', COUNCIL PRESDENT ~ ~:5:~5'~.~,~/ 4. SU1VI1VIAR¥ STATEMENT AN~ REQUIRE1VIENT FOR COUNCIL ACTION: The Board of Commissioners of the Tracyton Water District anticipates dissolution of the District with the service area being assumed by the City of Bremerton Water Utility. Prior to acceptance of the District's service area by the City, the existing water system must be upgraded to current standards. The District completed a Capital Improvement Plan (CiP) for the needed improvements as an element of the Tracyton Water District Interim Water Plan (1998). The District lacks the technical and administrative resources to facilitate implementation of the projects identified in the CIP. The attached Interlocal Agreement authorizes the City and District to work cooperatively on implementing the water main replacement projects as described in the CIP. The CiD' will manage implementation of the project through selection and contracting with a qualified engineering consultant to design the project, competitively bidding the project, administering the construction, and provide assistance in securing financing for the project. The District shall be obligated for all costs of the project. Financing of these improvements shall be structured for District dissolution and City assumption of the District's debt without effecting other Bremerton Water System rate payers. Staff recommends approval of the attached Interlocal Agreement. 8. RECOMME~ATION: That the City Council approve the Interlocal Agreement between the City of Bremerton and the Tracyton Water District, and authorize and direct the Mayor the execute the same. 9. RESPONSIBLE OFFICIAL: Director, PW&U ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED A~E~_ COUNCIL DIRECTIVE DATE: 11. AGENDA BILL NO: oO 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The Tracyton Water District will not be able to improve their water system for assumption by the Bremerton Water System. The District will continue to exist and provide inadequate water service to its customers, or will be assumed by another entity. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: All work performed in accordance with this Interlocal Agreement will be funded by the Tracyton Water District. 7. RESEARCH SOURCES 20011 TRACYTON SERVICE AREA TRACYTON WATER DISTRICT DISTRICT & SERVICE AREA BOUNDARIES - SERVICE AREA BOUNDARY  WATER DISTRICT BOUNDARY DRAFT DRAFT- 1/26/00 After Recording return to: Tracyton Water District P.O. Box 2013 Silverdale, WA 98383 Summary for Recorder's Use: 1. Reference Number of documents being assigned or released: Not Applicable 2. Grantor(s): 1. CITY OF BREMERTON, a Washington Municipal Corporation; 2. TRACY'rON WATER DISTRICT, a Washington Municipal Corporation; : 3. Grantee(s): 1. CITY OF BREMERTON, a Washington Municipal Corporation; 2. TKACYTON WATER DISTRICT, a Washington Municipal Corporation; 4. Legal Description: Not Applicable INTERLOCAL AGREEMENT BETWEEN CITY OF BREMERTON AND TRACYTON WATER DISTRICT Regarding the Duties, Design, Construction, and Financing of Water System Upgrades within Tracyton Water District in Anticipation of District Dissolution and District Annexation into City. THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the provisions of Chapter 39.34 RCW (Interlocal Cooperation Act), this day of ,2000, by and between the CITY OF BREMERTON (hereinafter referred to as "CITY") and TRACYTON WATER DISTRICT (hereinafter referred to as "DISTRICT"), and collectively referred to as the "Parties". Pursuant to RCW 39.34.040, after this Agreement is executed it will be recorded with the Kitsap County Auditor. Chapter 39.34 RCW encourages local government units to make the most efficient use of their powers by enabling them to cooperate with one another to their mutual advantage and thereby provide services and facilities to the public in a more efficient and cost effective manner. The CITY and DISTRICT, by agreement dated June 29, 1966 (the "Service Agreement"), provide water services to customers within the DISTRICT's water service area. In summary, pursuant to the Service Agreement, the CITY provides all water, owns all the piping and appurtenances, and provides maintenance and billing services to the customers of the DISTRICT, Interlocal Agreement City of Bremerton & Tracyton Water Distr/ct Page 1 and the DISTRICT approves all water hookups, sets front foot assessment fees, determines water availability within the DISTRICT, and generally represents the water supply issues and interests of its customers. The DISTRICT has completed a capital improvement plan for needed improvements as an element of the DISTRICT's Interim Water Plan dated June 1998, (hereinafter referred to as the "P'lan"). The parties desire to implement the Water Main Replacement Projects as described in the Capital Improvement Schedule, Table 8-3, of the Plan (hereinafter referred to as the "Project"). In accordance with the terms of the Service Agreement, the CITY will own, maintain, and operate the infrastructure constructed pursuant to the Project. The DISTRICT lacks the technical and administrative resources to facilitate implementation of the Project. The CITY has agreed to provide the resources to facilitate implementation of the Project on a cost reimbursable basis as set forth in this Agreement. : NOW THEREFORE, the parties through their respective legislative bodies, in consideration of the foregoing recitals, and the mutual covenants and promises contained herein, agree as follows: 1. PURPOSE. The purpose of this Agreement is to set forth the terms and conditions by which the CITY and DISTRICT will implement the water system infrastructure improvements described in the Capital Improvement Schedule, Table 8-3, of the Tracyton Water District Interim Water Plan (1998). 2. ADMINISTRATION TEAM. The CITY and DISTRICT shall each appoint two individuals, who may be DISTRICT and CITY officials, who shall meet on a regular basis, at least twice a month or at such other intervals or times agreed to by the Parties, to administer the terms of this Agreement and represent the interests of their respective entities. This body shall herein be referred to as the "Administration Team". If the Administration Team shall ever disagree on any issues related to this Agreement, after first making a concerted effort to reach agreement, with agreement still not being reached, they shall seek guidance from their respective governing bodies. The members of the Administration Team, and the DISTRICT and CITY, shall always seek to deal with one another in a spirit of cooperation, openness, fairness, and in a timely manner, so the goals of this Agreement may be fully met in a timely and cost effective manner. 3. RESPONSIBILITY OF THE PARTIES. A. PROJECT COSTS. The DISTRICT shall be obligated to pay all costs of the Project, including, but not limited to: administration, design, procurement, construction, inspection, and securing financing, including Bond Council fees, if any. lnterlocal Agreement City of Bremerton & Tracyton Water District Page 2 B. DISTRICT PERFORMANCE. The DISTRICT shall perform all duties and acts in a good and timely manner that the Administration Team believes are reasonably required for support of the CITY's duties in implementing the Project. C. CONVEYANCE OF PROJECT PROPERTY TO CITY AT COMPLETION. The DISTRICT shall, in accordance with the Service Agreement and upon completion of the Project, convey to the CITY ownership of all improvements covered by the Project. D. REIMBURSEMENT OF PROJECT COSTS. The DISTRICT shall, within 30 days of receipt of invoice, reimburse the CITY for costs of the Project not otherwise provided directly to the CITY by Project Financing; PROVIDED, HOWEVER, all Project costs not provided by Project Financing shall, before being incurred, be specifically approved by the DISTRICT, which approval shall not be unreasonably withheld. In its work hereunder, the CITY shall strive only to incur those costs covered by Project Financing as defined herein. In incurring costs not provided for by Project Financing, the CITY shall seek only to incur those costs that are absolutely necessary to implement the Project as determined by the Administration Team, and shall seek at all times to keep those costs to the absolute minimum. E. CITY DUTIES. The CITY shall provide, on a cost reimbursable basis, all services required to secure financing for the Project, in a form and on terms reasonably agreeable to the DISTRICT; i.e., bond financing, secured by the assets and/or future revenues of the DISTRICT and properties served by the improvements; or loan and grant applications such as Washington State Public Works Trust Fund, State Revolving, Fund, etc. It is the intent of the parties that these said costs shall be covered by the Project Financing. The CITY shall manage implementation of the Project by selecting and contracting, on behalf of the DISTRICT, with a qualified engineering consultant for the design of the Project with plans, specifications, and estimates, for the purpose of securing competitive bids for construction of the Project. The DISTRICT shall pay all costs associated with these tasks with the intent that these costs will be covered by the Project's financing package. The CITY shall keep the Administration Team advised, on a regular and timely basis, of its efforts in this regard. The CITY shall, through competitive bids, contract, on behalf of the DISTRICT, for the construction of the Project. Prior to accepting the lowest responsible bid for the Project, the CITY shall fully advise the DISTRICT of the CITY's reasons for accepting the successful bid. The CITY shall manage and inspect all aspects of the Project construction in a timely and cost effective manner. The CITY, as Project manager, shall be responsible for Project accounting, making disbursements to the CITY, consultants, and contractors hired to complete the project and for monitoring the project and project budget. The CITY shall keep the Administration Team advised on a regular basis of all Project accountings and answer all questions the Administration Team may have regarding the same. The CITY shall invoice the DISTRICT for all costs of the Inter]oca] A~'¢ement City of Bremerton & Tracyton Water District Page 3 Project not otherwise provided directly to the CITY by Project Financing according to the procedure herein established for non-Project Financing costs. 4. ADMINISTRATION A. PROJECT MANAGER. The Project manager for this project shall be the City Engineer. The City Engineer shall make every reasonable effort to insure the Project is completed in a timely manner and on budget. The City Engineer shall keep the Administration Team informed on a continuing basis of its work and shall promptly answer all questions directed to it by the Administration Team. B. FINANCING. Necessary financing, will be arranged by the CITY Treasurer, which fmancing shall first be approved by the DISTRICT, which approval shall not be unreasonably withheld. Project Financing shall include provision of fimding for all costs associated with the Project including financing, design, construction, and administration. It is acknowledged that ." elements of Project Financing may include bonds, grants, loans, and DISTRICT funds for ineligible costs incurred and local match, if not otherwise provided. C. AGENCY. After agreement has been reached between the CITY and DISTRICT regarding the terms of any element of the Project Financing, the CITY shall act in accordance with the terms of such financing agreement on a timely basis, and shall act as the DISTRICT's agent in all matters thereafter related to financing and billing for the Project. 5. TERM. This Agreement shall take effect upon its execution by both the CITY and the DISTRICT, and shall continue until the Project is completed, all available funds from Project Financing are expended, or the DISTRICT is dissolved, whichever event occurs first. 6. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties regarding the matters contained herein. Both parties acknowledge that, excepting the Service Agreement, there are no other applicable agreements, written or oral, that have not been fully set forth in the text of this Agreement. 7. AMENDMENTS. The parties agree this Agreement cannot be amended or modified without written concurrence of both parties. 8. NOTICES. Any notices required to be given by CITY to DISTRICT or by DISTRICT to the CITY shall be in writing and delivered to the parties at the following addresses: City of Bremerton Tracyton Water District Department of Public Works and Utilities P.O. Box 2013 3027 Olympus Drive Silverdale, WA 98383 Bremerton, WA 98310-4799 Interlocal Agreement City of Brernerton & Tracyton Water District Page 4 9. VENUE. This Agreement shall be constructed and interpreted in accordance with the laws of the State of Washington. 10. ORDER OF PRECEDENCE. In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving, precedence in the following order: (a) Applicable State statutes and regulations; (b) This Agreement, including any other express provisions of this Agreement whether incorporated by reference or otherwise; (c) The Service Agreement; (d) The terms and conditions of the funds being distributed. : 11. DISSOLUTION OF DISTRICT. The parties agree to negotiate the dissolution of the DISTRICT in the future. The DISTRICT is agreeable to its dissolution with all DISTRICT functions being taken over by the CITY so long as the CITY agrees to provide the same level of service to the DISTRICT's customers as it provides to its other water customers. 12. SERVICE RATES. Service rates for DISTRICT customers shall remain at the same percentage of In-City rates as currently exist until such time as all debt issued by the DISTRICT to finance the Project has been retired. PROVIDED, that the Project includes in the Project Financing all "Initial District Watermain Replacement Projects" and "Future City Substandard Watermain Upgrades", as set forth in Table 8-3 of the Plan. At such time as all debt issued bv the DISTRICT to finance the Project has been retired, or if Project Financing includes construction of only "Initial District Watermain Replacement Projects" and not "Future City Substandard Watermain Upgrades", service rates shall be as set forth in Section 15.06.030 of the Bremerton Municipal Code. 13. VALIDITY. If any section of this Agreement is adjudicated to be invalid, such action shall not affect the validity of any section not so adjudged unless such invalidity shall substantially compromise the overall purpose of this Agreement. 14. DEFAULT. A party shall be deemed in default under the terms of this Agreement if it fails to substantially perform its duties hereunder after first having, received written notice from the non-defaulting party itemizing the default(s), with those defaults not being cured within forty-five (45) days from the date the notice is received. A notice shall be deemed "received" two days after mailing the same by certified mail, return receipt requested, from a U.S. Postal drop site in Kitsap County to the other party's address for the receipt of notices as set forth herein, or upon the delivery date of personal delivery upon any person signing this Agreement, with the receiving party signing a receipt therefore. After default has occurred, the non-defaulting party shall have the right to brine, an arbitration action as set forth in Section 14 hereof for specific Interlocal Agreement City of Bremerton & Tracyton Water District Page 5 performance and/or damages as conditions shall warrant. The non-defaulting, party shall also be entitled to any other relief afforded in law and/or equ/ty in the arbitration proceeding. 15. ARBITRATION. In the event legal action becomes necessary hereunder, the parties agree the venue and jurisdiction of any such legal action shall reside in Kitsap County with the Kitsap County Superior Court. In the event of legal action, the parties further agree to submit any dispute(s) hereunder or relating to this agreement into arbitration pursuant to RCW Chapter 7.04, except as modified in this section 14, and to provide the selected arbitrator with all jurisdiction (legal and equitable) to fully and completely settle all matters in dispute. When the need for arbitration arises, the party demanding arbitration, pursuant to RCW 7.04.060, shall serve upon the other party, personally or by registered mail, a written notice of its intention to arbitrate. Such notice shall state in substance that unless within twenty (20) days aRer its service, the party served therewith shall serve a notice of motion to stay the arbitration, the party receiving the notice shall thereafter be barred from putting, in issue the existence or validity of this section 14 of this agreement to arbitrate or the failure to comply herewith. Application to arbitrate, pursuant to RCW 7.04.030, shall be made by motion to the court. When the matter is placed into arbitration on the motion of either party, the court action shall be stayed. The arbitration shall proceed pursuant to the rules established in RCW Chapter 7.06 entitled MANDATORY ARBITRATION OF CIVIL ACTIONS, except as modified in this Section 14. One arbitrator shall be selected from the court's mandatory arbitration list in the same manner as established in RCW Chapter 7.06, and the local rules, dealing with mandatory, arbitration. The taking of depositions, the issuance of Interrogatories, Requests for Production, and Requests for Admission, shall be specifically authorized as provided by law as if this said were proceeding as a civil case in Superior Court. The arbitrator shall issue his or her decision in the same manner prescribed in RCW Chapter 7.06 within twenty (20) days from the close of the arbitration hearing. A party may appeal the decision of the arbitrator pursuant to RCW 7.06.050, within twenty (20) days after the filing of the arbitration award, the aggrieved party to perfect its appeal rights must file with the superior court clerk a written notice of appeal and request for a trial de novo in superior court on all issues of law and fact. Provided, however, pursuant to RCW 7.06.060, and local court rules, if the aggrieved party filing the appeal does not improve its position in superior court, that party shall have assessed against it, the other party's reasonable attorney fees and costs incurred from the date the notice of appeal was filed. The prevailing party or parties in any such arbitration action and/or court action shall be entitled to receive its/their reasonable attorney fees and costs of suit from the losing party. lnterlocal Agreement City of Bremerton & Tracyton Water District Page 6 16. AGREEMENT APPROVAL. This Agreement is approved and entered into by the undersigned local government units as of the date set forth at the commencement of ti'ds Agreement. CITY OF BREMERTON LYNN S. HORTON, Mayor ATTEST: KATHLEEN MCCLUSKY, City Clerk DEPARTMENT APPROVALS: W. EUGENE SAMPLEY, P.E. Director of Public Works and Utilities RICH HANNA, City Treasurer APPROVED AS TO FORM: GLENNA MALANCA, City Attorney TRACYTON WATER DISTRICT GARY KEENAN, Commissioner TIM KNAPP, Commissioner LEE WINTEROWD, Commissioner Interlocal Agreement City of Bremerton & Tracyton Water District Page 7 ATTEST: TERRY MCKINLEY, Secretary STATE OF WASHINGTON ) ) ss COMMISSIONER ACKNOWLEDGEMENT COUNTY OF KITSAP ) On this day personally appeared before me the three commissioners for Tracyton Water District, namely, GARY KEENAN, TIM KNAPP, and LEE WlNTEROWD, to me known to be -' the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the purposes therein mentioned on behalf of the said District. SIGNED AND SWORN TO before me this day of ,2000. Print Name NOTARY PUBLIC in and for the State of Washington, residing in My Commission Expires: [nterlocal Agreement City of Bremerton & Tracyton Water District Page 8 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: TRACYTON WATER SYSTEM FOR AGENDA OF: February, 2, 2000 PROJECT UPGRADE, AGREEMENT FOR ORIGINATING DEPT: PW&U Engineering Div. DESIGN SERVICES WITH HAMMOND, ORIGINATOR: Randy Witt, City Engineer COLLIER AND WA.DE-LIVINGSTONE, ASSOC., DATE SUBMITTED: January 18, 200~~,_ INC. 2. CLEARANCES: (comment on back ~/~/c~/~s~.,., 3. EXHIBITS Director, Public Works/Utilities ,._~ fJ'"~'~f/')~ ~ ~ City Attorney (__Z~A. Tracyton Water District Location Map City Treasurer ~ ," ~ B. Professional Services Aarreement with Director, Administrative SeIvices --~z.~ ~ ~~__~q Hammond, Colher, Wade-Livingstone Council Budget & Finance Commi~~ ~, J/~ Associates. Operations Committee ~.~.z.',y~,~_~. ENDORSEME151T CO UNC ,PR SrD r MAYOR ~r~)----~- APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: , 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City has negotiated a Professional Services Agreement with Hammond, Collier and Wade-Livingstone Associates, Incorporated, to provide survey, mapping, design, environmental and permitting services necessaD' for preparation of plans, specifications, and estimates to produce construction documents for the Trac~on Water System Upgrade Project. The not to exceed amount of the agreement is $258,840.00. The Tracyton Water District has retained the City to act as engineer on the project through an Interlocal Agreement. The District will fund all work necessary for design of the improvements to their system in accordance with the Interlocat Agreement. Staff recommends approval of the Agreement. 8. RECOMMENDATION: That the City Council authorize and direct the Mayor to execute the attached agreement with Hammond. Collier. Wade-Livingstone Associates for design of the Tracyton Water System Upgrade Project in amount not to exceed 5258,840.00. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED ~~ COUNCIL DIRECTIVE DATE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The Tracymn Water District will not receive the improvements necessary to provide a viable water system and fire protection in the area. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: None, the Tracyton Water District is funding City and consultant costs associated with designing this project. The City is assisting in securing financing through the Interlocal Agreement. 7. RESEARCH SOURCES 20012 TRACY'rON SERVICE AREA TRACYTON WATER DISTRICT DISTRICT & SERVICE AREA BOUNDARIES , ,, SERVICE AREA BOUNDARY  WATER DISTRICT BOUNDARY PROFESSIONAL SERVICES AGREEMENT Tracyton Water System Upgrade Project THIS AGREEMENT is between the City of Bremerton, a municipal corporation (hereina~er referred to as "City") and Hammond, Collier, Wade-Livingstone Associates, Inc. (hereinafter referred to as "HCW-L"). WlTNESSETH: 1. SCOPE: HCW-L will perform all surveying, mapping, design, environmental and permitting services necessary to prepare the plans, specifications and estimate and produce construction documents for the Tracyton Water System Upgrade Project as further defined in the Scope of Work attached hereto and incorporated herein as Exhibit A. 2. TERM: Contract shall commence on and will terminate on December 31, 2001, unless otherwise extended by the City. 3. COMPENSATION: City shall pay HCW-L compensation as follows: Total fees under this Agreement shall not exceed Two-hundred fifty-eight thousand, eight hundred forty Dollars ($ 258,840.00 ). Charges for services shall conform to the Fee Schedule and Personnel Billing Rates and Classifications attached hereto and incorporated herein as Exhibits B and C. HCW-L shall submit regular statements describing the services rendered with a breakdown for work completed as authorized under this Agreement. The City, upon receipt of the completed statement, shall promptly process said claim for payment. If the description of services on the Scope of Work designates additional services which may be requested by the City, said additional services will be paid for by the City at the rate set forth in the Scope of Work. However, said services will only be performed, and compensated by the City after the City has directed such performance in writing. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that HCW-L is a firm skilled in matters pertaining to design of water systems and will perform independent functions and responsibilities in the area of its particular field of expertise. HCW-L and its personnel shall act as independent contractors and not employees of the City. As such they have no authority to bind neither the City or control employees of the City, contractors, or other entities. Within the performance of these duties, HCW~L shall work under the direction of the City Engineer. PROFESSIONAL SERVICES AGREEMENT Page 1 of 4 Tracyton Water System Upgrade Project Hammond, Collier, Wade-Livingstone Assoc., Inc. Pro-Serv. Agt - 11/16/99/ab 5. INDUSTRIAL INSURANCE: HCW-L agrees to provide for State industrial insurance coverage for its personnel as required by State law. 6. LICENSE AND TAXES: HCW-L shall possess a current Bremerton Business License and any regulatory license required to fulfill its obligations under this Agreement. B & O taxes shall be paid when due and HCW-L, by this Agreement, assigns any payments due under this Agreemem to the City Clerk for payment of such taxes which have been declared delinquent. 7. INSURANCE AND HOLD HARMLESS: HCW-L shall provide professional liability or errors and omissions insurance and comprehensive general liability insurance, including bodily injury and property damage, of at least $ 1,000,000 per occurrence. The City shall be named an additional insured on the comprehensive general liability insurance policy. HCW-L shall, at all times, be solely responsible for the negligent acts or failures to act of its personnel which occur or arise in any way out of the performance of this agreement. HCW-L agrees to defend and indemnify and hold harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, damage, and expense, including costs and reasonable attorney fees in defense thereof, because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons, and on account of damage to property, arising or alleged to have risen directly or indirectly out of or in consequence of the negligent performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of HCW-L, its subcontractors, its agents or assigns. This provision shall be inapplicable to the extent such damage or injury is judicially found to be caused by the sole negligence of the City. 8. GENERAL CONDITIONS: a. Reports and Information - HCW-L, at such times and in such forms as the City may require, shall furnish the City such reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. HCW-L will maintain accounting records in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. There are attached hereto and incorporated by reference as part of this Agreement Exhibit A, Scope of Work, Exhibit B, Project Task Summary and Fee Schedule and Exhibit C, Personnel Billing Rates and Classification. c. Amendments - The parties hereby further agree that this Agreement cannot be amended PROFESSIONAL SERVICES AGREEMENT Page 2 of 4 Tracyton Water System Upgrade Project Hammond, Collier, Wade-Livingstone Assoc., Inc. Pro-Serv. Agl - 11/16/99/ab or modified without the written concurrence of both parties. d. Notices - Any notices required to be given by the City to HCW-L or by HCW-L to the City shall be in writing and delivered to the parties at the following addresses: City Clerk Hammond, Collier and Wade-Livingstone Associates, Inc. 239 Fourth St. 4010 Stone Way North, Suite 300 Bremerton, WA 98337 Seattle, WA 98103-8090 e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such fight or power at any time be taken to be a waiver of any other breach. f. Compliance with State, Local and Federal Laws - HCW-L agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. h. Attorney Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 9. NONDISCRIMINATION: HCW-L shall not discriminate in employment or services to the pubhc on the basis of race, color, national origin, sex, religion, age, marital status or disability, except employment actions based on a bona fide occupational qualification. 10. TERMINATION: This Agreement may be terminated by either party for convenience upon thirty (30) days' written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the stares of all matters upon which HCW-L is advising the City as of the effective date of termination. PROFESSIONAL SERVICES AGREEMENT Page 3 of 4 Tracyton Water System Upgrade Project Hammond, Collier, Wade-Livingstone Assoc., Inc. Pm-Serv. Agt - 11/16/99/ab IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year H gstone, Assoc., Inc Date: le~ Ix/Or"' qq BY:, BROODY, LIVIN ST P.E. CITY OF BREMERTON Date: BY: LYNN S. HORTON, Mayor DEP~PROVAL: W. EUGEIqE S~P.E., Director of Public Works and Utilities ~rL'I~NN~MALANCA, City Attorney RISK MANAGEMENT APPROVAL: PEGGY LESSER, Risk Manager RECEIVED FOR FILING: KATHLEEN L. McCLUSKEY, CITY CLERK PROFESSIONAL SERVICES AGREEMENT Page 4 of 4 Tracyton Water System Upgrade Project Hammond, Collier, Wade-Livingstone Assoc., Inc. Pro-Serv. Agt- 11/16/991ab EXHIBIT A CITY OF BREMERTON TRACYTON WATER SYSTEM UPGRADE PROJECT SCOPE OF WORK General Description The following scope of work outlines the tasks to engineer improvements for approximately 15,000 LF of 8-inch and 11,700 LF of 12-inch water main replacements within the Tracyton Water District. These tasks are identified as projects one through 21, Table 8-3 ClP, Tracyton Water District Schedule Interim Water Plan, June 1998. The scope of work includes topographic survey, preparation of base mapping, water main design for replacement of existing pipes, valves, services, new fire hydrants, and surface restoration. The project will be designed as one project with one bid schedule and project manual containing contract documents and project detail specifications, utilizing APWA/WSDOT format. Engineer's cost estimates will be prepared based on 40%, 90%, and final design. Project Tasks: Task No. 1 - Topographic Survey: Provide field survey along right-of-way and easement corridors and preparation of base mapping. 1.1 Research and obtain background mapping 1.2 Complete field survey 1.3 Compile field data 1.4 Prepare base mapping: drawing scale will be 1" = 20' for half sizing to 1" = 40' 1.5 Evaluate easement acquisition needs, if any, and report findings to the City Assumptions: · Permission to survey private roads and easements will be provided · City to provide available mapping of the area City Responsibilities: · City to request utility locates prior to fieldwork · Distribute base mapping to utility companies for comment on utility conflicts Deliverables: · Six copies of base mapping on 11" x 17" paper. Task No. 2- Environmental Issues: Comply with environmental regulations 2.1 Prepare SEPA Checklist for submission to City 2.2 Review and submit checklist for threshold determination 2.3 AHend meeting for coordination and questions Exhibit A: Scope of Work Page 1 of ? Tracyton Water System Upgrade Project Bremerton/HCW-L Assumptions: · All work will be outside the 200-foot shoreline buffer · HPA or JARPA permit applications are not required · Construction of water mains will not disturb sensitive areas · HCW-L attendance at a public hearing will not be required City Responsibilities: · City will process SEPA and coordinate with the County · City to pay SEPA processing fee Deliverables: · A completed SEPA checklist Task No. 3 - Design Engineering: Prepare detail design drawings and bid documents for the construction of the water mQin replacements. Plans, specifications and estimate shall use City format and borders. 3.1 Engineer hodzontQI and vertical design alignment of water main 3.2 Prepare valve, fitting, hydrant, service location and design layout 3.3 Prepare design for PRV's and connections 3.4 Prepare construction cost estimate for 40% completion 3.5 Prepare 40% submittal (Task 1,3.1,3.2, 3.3, and 3.4) 3.6 Incorporate 40% review comments into bid documents. 3.7 Analyze constructability (switch over from old to new, etc.) 3.8 Define limits of patching, prelevel and overlay, curb, sidewalk, and other surface restoration fo meet County standards 3.9 Prepare TESC plan or specifications 3.10 Prepare 90% plans for proposed improvements 3.11 Prepare 90% bid documents including bid forms, contract forms, detail specifications; use APWA/WSDOT format 3.12 Complete take-off for 90% quantities 3.13 Complete 90% engineer's cost estimate 3.14 Complete in-house QA/QC on 90% design 3.15 Submit 90% plans and specifications for review and approval 3.16 Attend 6 meetings with City to present project over the project's design phase 3.17 Incorporate final pickups from 90% review to plans and specifications, quantities, and estimates 3.18 Final in-house QA/QC on 100% PS&E 3.19 Submit documents to DOH for approval 3.20 Submit final construction cost estimate and 100% plans and specifications for bidding 3.21 Provide overall pro]ecl management, administration, and coordination Assumptions: · Geotechnical evaluation is not necessary · The presence of groundwater is not a design consideration · The City to assist in analyzing the constructability of switching from the old to the new system · Existing underground water system that is being replaced will be abandoned in place, fire hydrants removed · Public open houses/workshops will not be necessary Exhibit A: Scope of Work Page 2 of ? Tracyton Water System Upgrade Project Bremerton/HCW-L City Responsibilities: · City to provide Division 1 together with contract forms in electronic format · city to review the 40% and 90% bid documents and provide review comments within two weeks · City fo send 40% and 90% bid documents to utility companies · Incorporate 40% design into Hydraulic Model and vedA/that the proposed improvements meet fire flaw requirements. Deliverables: · Construction cost estimates at 40%, 90% and 100% of PS&E · Nine copies of 11" x 17" 40% plans to City · Nine copies of 24" x 36" 90% plans to City · Submit 100% plans and specifications for bidding. Plans shall include CiA/borders and 24" x 36" as well as 11" x 17" reproducible drawings, mylar and velum respectively. Project specifications and construction plans shall also be submitted in electronic format, Word 97 and AutoCAD 14, respectively Task No. 4 - Permitting: Kitsap County Right of Way Permit 4.1 Obtain application, road restoration standards, prepare County R/W road permit application and identity other required permits. 4.2 Provide technical support during application review 4.3 Incorporate County review comments into plans and specifications Assumptions: · Other City or County permits will not be necessary · Traffic control plan will be the responsibility of the Contractor City Responsibilities: · City to apply for Kitsap County Right of Way Permit · City to pay permit fees directly Deliverables: · Completed Kitsap County application to perform work on County Road right-of-way including 90% bid documents and engineer's estimate Task No. 5 - Bidding Assistance: Provide technical assistance as required. 5.1 Provide technical assistance during bidding phase as requested by the City Assumptions: · City to publish Request for Bids, print necessary plans and specifications for bidding purposes, respond to bidders' questions and concerns except as required in this task, process executed documents, schedule a preconstruction meeting, and prepare bid tabulation. Task No. 6 - Construction Management: Provide assistance during the construction phase, as requested by the City After construction begins HCW-L will provide advice and engineering services to the City as requested on construction matters. HCW-L will also make a final inspection in conjunction with Exhibit A: Scope of Work Page 3 of ? Tracyton Water System Upgrade Project Bremedon/HCW-L the City Engineer. An "allowance" estimate is provided for these services. HCW-L will not perform work on this task without prior City authorization. Assumptions: · City to provide construction inspection, management, and administrative services. Task No. 7 - Optional Services: The following tasks are not included in the base scope of work. The City may elect to expand the scope of work by written authorization to provide any of the following services. 7.1 Acquisition and review of rifle reports for properties where easements are necessary Assumptions: · Title reports will be necessary to write legal descriptions and identify legal property owner(s) and encumbrances. City Responsibility: · City to pay cost for title reports directly. Deliverables: · Original title reports. 7.2 Preparation of legal descriptions and easement forms Assumptions: · Legal descriptions for proposed water lines will be necessary to complete easement forms City Responsibility: · city to appraise (if necessary) the property and develop easement value · City to negotiate and acquire necessary easements · city to record easements with the County Deliverables: · Completed easement forms 7.3 Preparation of JARPA permit application Assumptions: · JARPA permit application if water line crosses streams or wetlands City Responsibility: · City to submit JARPA permit application to regulating agencies Deliverables: · Completed JARPA permit application Exhibit A: Scope of Work Page 4 of ? Tracyton Water System Upgrade Project Bremerton/HCW-L 3~ 7.4 Inclusion of the F1 through F8 projects as identified in Table 8-3 CIP Tracyton Water District Schedule Interim Water Plan, June 1998 to the base scope of work. This work will be bid as a separate bid schedule. Task No. 7.4.0 - Topographic Survey: Provide field survey along fight-of-way and easement corridors and preparation of base mapping. 7.4.0.1 Complete field survey 7.4.0.2 Compile field data 7.4.0.3 Prepare base mapping: drawing scale will be 1" = 20' for half sizing to 1" = 40' Assumptions: · City to provide available mapping of the area City Responsibilities: · City to request utility locates prior to fieldwork · Distribute base mapping to utility companies for comment on utility conflicts Deliverables: · Six copies of base mapping on 11" x 17" paper Task 7.4.1: Design Engineering: Prepare detail design drawings and bid documents for the construction of the water main replacements. Plans, specifications and estimate shall use City format and borders. 7.4.1.1 Engineer horizontal and vertical design alignment of water main 7.4.1.2 Prepare valve, fitting, hydrant, service location and design layout 7.4.1.3 Prepare design for connections 7.4.1.4 Prepare construction cost estimate for 40% completion 7.4.1.5 Prepare 40% submittal (Task 1,3.1,3.2, 3.3, and 3.4) 7.4.1.6 Incorporate 40% review comments into bid documents. 7.4.1.7 Analyze constructability (switch over from old to new, etc.) 7.4.1.8 Define limits of patching, prelevel and overlay, curb, sidewalk, and other surface restoration to meet County standards 7.4.1.9 Prepare TESC plan or specifications 7.4.1.10 Prepare 90% plans for proposed improvements 7.4.1.11 Prepare 90% bid documents including bid forms, contract forms, detail specifications; use APWA/WSDOT format 7.4.1.12 Complete take-off for 90% quantities 7.4.1.13 Complete 90% engineer's cost estimate 7.4.1.14 Complete in-house QA/QC on 90% design 7.4.1.15 Submit 90% plans and specifications for review and approval 7.4.1.16 Incorporate final pickups from 90% review to plans and specifications, quantities, and estimates 7.4.1.17 Final in-house QA/QC on 100% PS&E 7.4.1.18 Submit documents to DOH for approval 7.4.1.19 Submit 100% plans and specifications for bidding 7.4.1.20 Provide overall project management, administration, and coordination Exhibit A: Scope of Work Page 5 of '7 Tracyton Water System Upgrade Project Bremerton/HCW-L Assumptions: · Geotechnical evaluation is not necessary · The presence of groundwater or organic soils is not a design consideration · The City will assist in analyzing the constructability of switching from the old to the new system · Existing underground water system that is being replaced will be abandoned in place, fire hydrants removed · Public open hauses/workshops will not be necessary · Estimate is based on combining this work with the overall project · Bid documents will delineate this work as a separate bid schedule City Responsibilities: · City to review the 40% and 90% bid documents and provide review comments within two weeks · city to send 40% and 90% bid documents to utility companies · Incorporate 40% design into Hydraulic Model and verify that the proposed improvements meet fire flow requirements. Deliverables: · Construction cost estimates at 40%, 90% and 100% of PS&E · Nine copies of 11" x 17" 40% plans to City · Nine copies of 24" x 36" 90% plans to City · Submit 100% plans and specifications for bidding. Plans shall include City borders and 24" x 36" as well as 11" x 17" reproducible drawings, mylar and velum respectively. Project specifications and construction plans shall also be submitted in electronic format, Word 97 and AutoCAD 14, respectively 7.5 Construction survey staking Assumptions: · Contractor may require staking of proposed improvements City Responsibility: · Notify HCW-I if construction staking is needed 48 hours in advance Deliverables: · Copy of field notes or grade sheets 7.6 Drafting of record drawings Assumptions: · The City may desire to keep on file record drawings of the improvements City Responsibility: · Maintain a field set of "as-built" construction drawings indicating deviations from design drawings Deliverables: · One set of full size blueline drawings and an AutoCAD 14 file copy on disk Exhibit A: Scope of Work Page 6 of ? Tracyton Water System Upgrade Pro]ed Bremerton/HCW-L ~'~. Schedule Assumes Notice to Proceed issued on or before November 15, 1999 · 40% PS&E by March 2000 · 90% PS&E by April 2000 · Advertise for Bids May 2000 · Construction: Spring, Summer, Fall 2000 Schedule is dependent on successfully acquiring necessary easements and permits. Expenses and Deliverables · Travel and communication Ferry Tolls: $20/round trip x 40 trips = $800 Mileage: 40 trips x 50 mi./trip x $0.31 = $620 · Reproduction: 40% Submittal, 9 sets plans, 1/2 size 90% Submittal, 9 sets PS&E bluelines and project manuals: full size, 1 set 1/2 size 100% Submittal, 1 sets PS&E full size mylars, half size velum, and reproducible Project Manual Bid documents in electronic format (Word 97 and AutoCAD 14) Cost for above is estimated at $1,000 Exhibit A: Scope of Work Page 7 of ? Tracyton Water System Upgrade Project Bremerton/HCW-L ~ EXHIBIT B PROJECT TASK SUMMARY AND FEE SCHEDULE CITY OF BREMERTON PRINCIPAL ASST PM/ SENIOR TRACYTON WATER DISTRICT WATER MAIN UPGRADE PROJECT ENGINEER PROJECT CADD CADD PROJECT 2 PERSON WORD TOTAL TOTAL 9/24/99 & PM ENGINEER ENGINEER IV ENGINEER Ill OPERATOR OPERATOR SURVEYOR FIELD CREW PROCESSING HOURS COSTS HOURLY RATES $125.00 $98.00 $86.00 $67.00 $89.00 $66.00 $87.00 $110.00 $58.00 Task 1 - Topographic Survey 1.1 - Research and obtain background mappIn~ 16 8 24 $ 2,272,00 1.2 - Complete field work 16 200 216 $ 23,392.00 1.3 - Compile field data 40 10 50 $ 4,580.00 1.4 - Prepare base mappin~l: drawing scale will be 1" = 20' 60 250 16 10 336 $ 24,332.00 1.5 - Evaluate easement accluisition needs & repo~ to City 2 16 18 $ 1,642.0~, Task 2 - Environmental Issues 2.1 - Prepare SEPA Checklist 8 6 14 $ 1,090.00 2.2 - Review and submit checklist for threshold determination 4 4 $ 392.00 2.3 - Attend meeting for questions/coordination 6 6 12 $ 1,338.® Task 3 - Design Engineering 3.1 - Engineer horizontal and vertical design alignment of water main 18 82 28 128 $ 12,694.00 i3.2 - Prepare valve, f'~ing, hydrant, service location and design 26 82 24 132 $ 13,350.00 !3.3 - Design for PRV's and conned OhS 10 12 12 34 $ 3,458.00 3.4 - Take-offs and prepare preliminary construction cost estimate 2 4 40 80 126 $ 9,442.00 3.5- Prepare 40% submittal (Task 1,3.1, and 3.2/ 8 150 158 $ 10,684.00 3.6 - Incorporate review comments into bid documents 8 16 24 $ 2,568,00 3.7 - Analyze constructability (switchover from old to new, etc.) 8 8 $ 1,000.00 3.8 - Define limits of patching, prelevel and overlay, curb, sidewalk, etc. 16 16 $ 1,588.00 3.9 - Prepare TESC plan or spacirm, ations 24 8 32 $ 2,600.00 ;3.10 - prepare 90% plans for proposed improvements 16 40 200 256 $ 18,208.00 3.11 - Prepare 90% PM including bid forms, contract forms, detail specs 16 8 16 30 70 $ 5,068.00 3.12 - Complete take-offs for 90% cluanttties 16 16 80 112 $ 8,304.00 3:13 - Complete 90% engineer's cost estimate 8 10 18 $ 1,454.00 3.14 - Complete in-house QAJQC 24 6 30 $ 3,588,00 3.15- Submit 90% plans and specifications for review and approval. 2 2 $ 196.00 3.16 - Attend six meetings with City to present project 32 32 64 $ 7,136.00 3.17 - Incorporate final pickups to plans and specifications 16 6 4 26 $ 2,3'16.00 3.18- Finalin-house QNQC 12 24 36 $ 3,852.00 3.19 - Submit documents for DOH approval 2 2 $ 196.00 3.20 - Submit 100% plans and specifications for bidding 4 4 $ 232.00 3.21 - Provide project management, administration and coordination 24 64 88 $ 9,272.00 Task 4 - Permitting 4.1 - Prepare County PJW franchise permit application 4 4 $ 392.00 4.2 - Provide technical support during application review 4 4 $ 392.00 4.3 - Incorporate review comments into plans & specs 4 2 6 $ 508.00 Task 5 - Bidding Assistance 0 5.1 - Provide technical assistance during bidding phase 16 16 $ 1,568.00 Task 6 * Construction Mana~tement 24 8 32 $ 3,048.00 TOTAL ESTIMATED HOURS BY LABOR CATEGORY 172 484 206 200 60 600 112 228 40 2102 ESTIMATED PERSONNEL CHARGES BY LABOR CATEGORY $21,500.00 $47,43200 $17,71600 $13,400.00 $5,340.00 $39,600.00 $9,744.00 $25,080.00 $2,320.00 $182,132.00 DIRECT NONSALARY COSTS (TRAVEL AND REPRO.) $2,500,00 SUBTOTAL BASE ESTIMATE $184,632.00 Exhibit B: Project Task Summary and Fee Schedule Tracyton Water System Upgrade Project Bremerton/HCW-L 11/12/99 EXHIBIT B PROJECT TASK SUMMARY AND FEE SCHEDULE OPTIONAL SERVICES CITY OF BREMERTON PRINCIPAL ASST PM/ SENIOR TRACYTON WATER DISTRICT WATER MAIN UPGRADE PROJECT ENGINEER PROJECT CADD CADD PROJECT 2 PERSON WORD DIRECT TOTAL 9/24/99 & PM ENGINEER ENGINEER IV ENGINEER III OPERATOR OPERATOR i SURVEYOR FIELD CREW PROCESSING COSTS COSTS HOURLY RATES $125.00 $98.00 $86.00 $67.00 $89.00 $66.00 $87,00 $110,00 $58,00 Teak 7 - Optional Services 7.1 - Acquisition of title reports* 4 8 $ t,088.00 7.2 - Preparation of legal descriptions and easement forms 4 16 $ t,784.00 7.3 - Preparation of JARPA permit application 8 6 $ 1,084.00 7.4 - Inclusion of the FI throu[Ih F8 pro~ect~ Task 7.4.0 Topographic Survey 7.4.0.1 - Complete field work 60 $ 700.00 $ 7,300,00 7.4.0.2 - Compile field data 4 6 $ 1,008.0~ 7.4.0.3 - Prepare base mapping: drawing scale will be 1" = 20' 4 70 4 6 $ 5,984.0{~ Task 7.4.1 - Design Engineering 7.4.1.1 - Engineer horizontal and vertical design alignment of water main 2 24 $ 2,602.00 7.4.1.2 - Prepare valve, tiffing, hydrant, service location and design 4 22 $ 2,656.00 7.4.1.3 - Prepare design for connections 4 22 $ 2,656.00 7.4.1.4 - Take-offs and prepare preliminary construction cost estimate 2 8 10 $ 1,554.00 7.4,1,5 - Prepare 40% submittal (Tasks 7.4.0.1 -7.4.1.4) 50 $ 3,300.00 7.4.1.6 - Incorporate review comments into bid documents 2 4 $ 642.00 ~-~ 7.4.1.7 - Analyze constructability (switchover from old to new, etc.) 6 $ 750.00 7.4.1.8 - Define limits of petchin{~, and oveday, curb, sidewalk, etc. 4 $ 392.00 7,4.1.9 - Prepare TESC plan or specifications 4 $ 344.00 7.4.1.10 - Prepare 90% plans for proposed improvements 12 4 70 $ 6,140.00 7.4.1.11 - Prepare 90% PM including bid & contract forms, specs 12 6 11 $ 2,330.00 7.4.1.12 - Complete take-offs for 90% quantities 4 16 10 $ 2,438.00 7.4.1.13 - Complete 90% engineer's cost estimate 6 $ 588.00 7.4.1.14 - Complete in-house QA/QC 8 4 $ 1,392.00 7.4.1.15- Submit 90% plans and specifications for review and approval. 1 $ 58.00 7.4.1.16 - Incorporate final pickups to plans and specifications 4 1 $ 450.00 '.4.1.17 - Final in-house QA/QC 6 4 $ 1,142.00 '.4.1.18 - Submit documents for DOH approval 1 $ 58.00 7.4.1.19 - Submit 100% plans and specifications for bidding 1 $ 58.00 7.4.1.20 - Provide proiect management, administration and coordination 6 28 $ 3,494.0/c Subtotal Task 7.4 - Inclusion of FI to F8 Prolecta 38 152 38 20 4 190 8 72 15 $ 700.00 $ 47,336.~, 7.5 - Construction survey staking, 33,840 LF (complete project) 8 72 $ 900.00 $ 9,616.0u 7.6 - Drafting of record drawings - 80 ahta ~} 2.5 hfs/aa 200 $ 200.00 $ 13,400.00 TOTAL ESTIMATED HOURS BY LABOR CATEGORY 76 312 84 40 8 686 48 216 30 ESTIMATED PERSONNEL CHARGES BY LABOR CATEGORY $9,500.00 $30,576.00 $7,224.00 $2,680.00 $712.00 $38,676.00 $4,176.00 $23,760.00 $1,740.00 $ 74,208.00 SUBTOTAL ESTIMATE FOR OPTIONAL SERVICES $ 74,208.00 TOTAL FOR BASE ESTIMATE AND OPTIONAL SERVICES $ 268,840.00 Optional estimate2 EXI-IIBIT C HAMMOND, COLLIER & WADE - LIVINGSTONE ASSOCIATES, INC. 4010 Stone Way North, Suite 300 Seattle, Wasl~ngton 98103-8090 Personnel Billing Rates and Classifications For Projects, Reports, Design and Construction Services Personnel Classification Hourly Billing Rate Principal Engineer $125 Senior Engineer/Project Manager $106 Engineer Project Manager $ 98 Project Engineer $ 86 Engineering Geologist $ 62 Fisheries Biologist $ 71 Engineer IV $ 67- $ 79 Engineer III $ 67 Engineer I/II $ 50 - $ 62 Engineering Technician $ 46 - $ 51 Materials Testing Manager $ 79 Field Supervisor/Lab Manager $ 53 Materials Testing Technician IV $ 57 Materials Testing Technician III $ 49 Materials Testing Technician II $ 46 Laboratory Technician $ 44 Project Surveyor $ 87 Surveyor $ 55 Landscape Architect $ 62 Drafting/Engineer $ 89 Senior CADD Operator $ 59 - $ 66 CADD Operator $ 47 Word Processing $ 49- $ 58 NOTE: · Basic Rates are in effect as of August 1, 1999. · Mileage charges are computed at 31~ per mile. · Direct nonsalary costs are charged at cost plus 10%. HAMMOND, COLLIER & WADE - LIVINGSTONE ASSOCIATES, INC. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Resolution No. 2736 Supporting FOR AGENDA OF: February 2, 2000 the year 2000 Census ORIGINATING DEPT: Executive ORIGINATOR: Mayor Horton DATE SUBMITTED: January 19, 1999 2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS Resolution ENDORSEMENT /x~ INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City of Bremerton wants to show its support of the census-taking activities by adopting this resolution. 8. RECOMMENDATION: Motion to adopt Resolution No. 2736 endorsing the census-taking activities in Bremerton. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED __ APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE DATE~ 11. AGENDA BILL NO: RESOLUTION NO. 2736 A RESOLUTION OF THE City of Bremerton, Washington endorsing the census taking activities in Bremerton. WHEREAS, in this first year of the 21st Century, the United States of America will conduct the 21st census since our Nation was founded; and WHEREAS, census-taking has been recognized as an important governmental activity that dates back at least as far as the time of Caesar Augustus; and WHEREAS, the accurate and successful completion of this census-taking is of vital importance in understanding the face of our community in order to set policy for funding priorities and service delivery; and WHEREAS, as has been practice, our Federal Government is employing residents of Washington, Kitsap County and Bremerton to assist our citizens to assure they are fully counted: now, therefore, BE IT RESOLVED that the Bremerton City Council does hereby strongly endorse the census-taking activities in Bremerton; offers its full encouragement and support for our citizens who are giving their time in behalf of all of us in this endeavor; encourages other citizens to be involved as well; and pledges free use of public facilities as needed and where practicable for organizational and training meetings in connection with the census-gathering process. ADOPTED by the City Council this __ day of February, 2000. Carol Arends, Council President AGENDA BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: February 2, 2000 Resolution No. 2737 ORIGINATING DEPT: Executive to resist future Unfunded ORIGINATOR: Mayor Horton Mandates DATE SUBMITTED: January 27, 2000 2.~CES: ~o%ent on back if necessary) 3. EXHIBITS: ~er~na~Malanca, City Attorney Council Study Sessions Proposed Resolution N/A Number 2737 Fiscal & Budget Chairman Operations Committee Chairman ENDORSEMENT [] INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARX STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Both State and Federal mandates have required City expenditures of substansial amounts, over many years. Current State and Federal law prohibits the imposition of unfunded mandates upon local jurisdictions. In light of the additional financial constraints of 1-695, the Mayor proposes that the City take a stand against additional, and unlawful, mandates imposed with no credible contribution for implementation and operation. 8. RECOMMENDATION: Record Motion: Motion to approve Resolution No. 2737 resisting future Unfunded Mandates imposed by State and Federal Governments. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION ~ PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: COUNCIL DIRECTIVE: NO.: OO-0%0 5. IMPACT OF NON-PASS~E: Continued .financial obligations imposed by State and Federal governments with no financial contribution. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTK~_.R RESOURCES: Continued drain on limited resources. 7. RESEARCH SOURCES: UNFUNDED MANDATES - 1/27/00 RESOLUTION NO. 2737 A Resolution declaring the City of Bremerton's determination and resolve to resist all future unlawful attempts by the State and Federal governments to impose UNFUNDED MANDATES upon the City, its mtepayers, and taxpayers, WHEREAS, Washington State voters approved Initiative 601, which included a provision prohibiting the State from imposing UNFUNDED MANDATES on local governments; and WHEREAS, U.S. Congress has enacted legislation that prohibits the imposition of UNFUNDED Federal MANDATES on State and local governments; and WHEREAS, the City of Bremerton faces multiple and substantial financial challenges arising from the passage of Initiative 695, including loss of revenues for essential services and reduction of municipal authority to raise revenues for governmental operations and obligations; and WltEREAS, the City of Bremerton has been placed in an increasingly destitute financial situation and has cut services and staff in response to funding lost through 1-695, and additional reductions will be considered by the City Council in the First Quarter of 2000; and WHEREAS, the loss of passenger ferry service and the increase in ferry transportation fares have impacted, and will continue to impact, economic growth in the Bremerton vicinity. which further stymies the financial potential and vitality of the City of Bremerton; therefore BE IT RESOLVED BY THE BREMERTON CITY COUNCIL that the City of Bremerton will resist and refuse to accept or finance any further unlawful UNFUNDED MANDATES imposed by the State of Washington and the Unites States Governments. PASSED by City Council of the City of Bremerton this __ day of ., 2000. CAROL ARENDS Council President