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02/16/00 AGENDA
CITY COUNCIL AGENDA FEBRUARY 16, 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 26, 2000 #AB00-043 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. LEGISLATIVE REPORT 8. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) 9. NEW BUSINESS A. Budget Adjustment and Declaration of Surplus #ABO0-026 B. Interlocal Agreement with Tracyton Water District #AB00-027 C. Professional Services Agreement with Hammond, Collier & #AB00-028 Wade Livingstone Associates, Inc. for Design Services of Tracyton Water System Project Upgrade D. Renewal of Bremerton Housing Authority Contract for #AB00-044 Supplemental Services E. State of Washington Work Study Program Contract #AB00-045 F. SR 304 Transportation Improvement Project: Professional #AB00-046 Services Agreement for Groundwater Monitoring G. SR 304 Transportation Improvement Project: Professional #AB00-047 Services Agreement for Construction Survey Staking (CONTINUED ON BACK...) 10. ORDINANCES A. Ordinance No. 4694 (Second Reading) Establishing a Special #AB00-007 Election Date of May 16, 2000 for a $16.5 Million Parks and Recreation Bond B. Ordinance No. 4695 (Second Reading) Repealing Ordinance #AB00-037 No. 4676, Regarding Revenue Licensing of Residential Rental Businesses C. Ordinance No. 4696 (Second Reading) Amending B.M.C. 9.24 #AB00-038 ~ ~"~, and adding Provisions for the Imposition of a "Stay Out of Areas of Prostitution" Order 11. PUBLIC HEARINGS 6:00 P.M. or LATER A. Resolution No. 2742, Regarding the Recovery of Fees for the #AB00-048 Abatement of Dangerous Conditions on the Property Located at 241 S. Cambrian Avenue B. Public Hearing to Consider the Surplus of Properties Around the #AB00-049 Wastewater Treatment Plant 12. ADJOURNMENT OF MEETING AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: FEBRUARY ]6, 2000 ORIGINATING DEPT: CITY COUNCl L MINUTES OF MEETING - JANUARY 26, 2000 ORIGINATOR: CAROL ARENDS, PRESI DENT DATE SUBMITTED: FEBRUARY 8, 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 AM FdhD __~ COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: (.~- 0+~ TAPES #1681 & #1682 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES January 26, 2000 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, January 26, 2000, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Conrad Esser, David Farr, Mike Shepherd, Ed Rollman, John Law, Cecil McConnell, and Wayne Olsen. Council member Jim Reed 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 former Council Member Al Colvin. President Arends made the following announcements: (1) City Council held a Pre-Council Session in the Council Conference Room to discuss general Council business; followed by a 10-minute Executive Session to discuss "Litigation"; and (2) Items 9(B), 9(F), and 1 I(A) were pulled from the Agenda; and Item 11(B) has been added. CONSENT AGENDA A. Minutes of Meeting - January 5, 2000 #AB00-013 B. VVTSC Bicycle and Pedestrian Safety Project and Grant #AB00-014 C. Vest Partnership 1999 Supplemental Funding #AB00-015 #0033 M/S/C/U (McConnell/Farr) 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. #0041 M/S/C/U (Law/McConnell) On January 26, 2000, the Council does approve for payment as follows: 238001; 238019 through 238272; and EFT 5788 in the amount of $838,584.95; and Regular Payroll for the period ending January 15, 2000 in the amount of $772,902.61. COUNCIL MEMBER REPORTS Mike She_Dherd reported on the "lively discussion" lead by Cris Gears and Mayor Horton regarding the proposed "Recreation Center" at the District 5 Meeting held January 20th, He also thanked Scott Rappleye for his informative presentation on "Fire Prevention". He briefly reported on his recent work with other jurisdictions on the listing of salmon as endangered species in Puget Sound and Hood Canal, and urged citizens to attend the Public Headng on this issue March 29, 2000. Ed Rollman responded to complaints from citizens regarding the incomplete paint job on the Downtown Library. He discovered that Mike Momany is the contact person for this project, and that there is paint to complete the job, but they are waiting for warmer weather. He urged interested volunteers to call 373-7369, or if they had information on obtaining the use of a "JLG" man-lift. Lastly, he announced his first District 4 meeting to be held Friday, February 18, 2000 in the Community Development room at the Washington Mutual Bank Building, from 7:00 to 9:00 P.M. Cecil McConnell announced the first meeting of the "East Side Business Association" tomorrow night at the Kings Table Buffet Restaurant beginning at 7:00 P.M. TAPES #1681 & #1682 City Council Reg. Mtg. Minutes January 26, 2000 Page 2 of 6 President Arends presented a $2,260.check on behalf of two local businessmen, (Jim Ca.~s, owner of Rainier Auto Repair, and Aaron Caps, President of Thomas Lincoln, Mercury, Nissan), for a new alarm system, as well as the installation costs, at the Scout Hall at Forest Ridge Park in response to numerous break-ins. Cris Gears, Parks & Recreation Director accepted the check for the Mayor, and expressed his appreciation for the support from these local businessmen. LEGISLATIVE REPORT- There was no report this evening. PUBLIC RECOGNITION Don Atkinson provided additional information on the new "East Side Business Association", and reported that Randy Witt, the City Engineer, would be the special guest for the first meeting, and that Cris Gears, Parks & Recreation Director, would be the scheduled guest for next month's meeting. He encouraged members from the business community as well citizens at-large to attend. Jeff Turine asked that an exception to the Council Rules & Procedures be allowed to express his opinion on the proposed Recreation Center. Glenna Malanca, City Attorney, advised him that Council rules clearly prohibit discussion of an item already on the Agenda during the Public Recognition portion of the meeting. She stated he could wait until the item was up for discussion, or state his concerns in a letter addressed to the Council to be included as part of the record. Susan Brown described a recent opportunity she had to observe first hand, the ruling by the Supreme Court on the Chinook Ferry issue, and the many facts she learned regarding the ferries. MAYOR'S REPORT Mayor Horton presented a plaque to "Evergreen Upholsteo/' as the first place winner in the holiday window-decorating contest sponsored by the City of Bremerton and the Bremerton Chamber of Commerce. She also acknowledged H. Emily Moshay and Susan Souza for their assistance in organizing this event. Lastly, the Mayor reported that she has been testifying the last few weeks in Olympia for the passenger-only ferry service, and will be going back again to hear the SEPA requirements for the Chinoook-class ferry, and to attend the rally for passenger-only service. 9A- US DEPARTMENT OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANT. #AB00-016 Tim Sholtis, BPD Administrative Support Manager, stated that Bremerton was awarded $47,851.00 from the U.S. Department of Justice through the LLEBG formula program. The funding is for police vehicle purchases. The City has a cash match of $5,317.00 over the grant period of October 1, 1999 to September 30, 2001. There were no questions or comments from the public. #0570 M/S/C/U (Shepherd/Law) Motion to approve acceptance of this local law enforcement block grant, and comply with the special conditions according to grant administration. ~D ADD~IklTMIr'kiT ~'~E Tt'tklV T,I..~i'~l~JlA~, Tl~t Tilr' ~t"tl Irt ~A/A~T~' .,. .... .,. ........... u^M^G=~=~'T w~nn-04.-- .,"/ ITEM WAS PULLED FROM THE AGENDA. 9C - INTERLOCAL AGREEMENT REGARDING SOLID WASTE DISPOSAL VENDOR SELECTION. #AB00-018 Kathleen McCluskey, Administrative Services Director, summarized that the county and cities have TAPES #1681 & #1682 City Council Reg. Mtg. Minutes January 26, 2000 Page 3 of 6 cooperated in developing and implementing the County's comprehensive solid waste management plan. Olympic View Sanitary Landfill is the only operating municipal solid waste landfilll in the county, and is projected to reach capacity within the next three to five years. In anticipation of the closure of this landfill the parties to this agreement desire to cooperate to procure long term transfer station and solid waste disposal services. This Agreement provides for: 1) A joint board comprised of elected officials or their designee's, to provide advice on various matters in the vendor selection process, participate in the selection process and to confirm the procurement administrator's recommendations of one or more vendors; 2) The county will continue to manage the solid waste plan and oversee and implement programs; and 3) Cities will commit to directing their solid waste to the selected vendor (to the extent they can do so legally under the terms of existing contracts). In order to procure services at a competitive price, the coordination of disposal of all solid waste at the selected disposal site is necessary. This agreement is proposed for 25 years however there are a number of termination options. 1) The agreement may be terminated by a majority vote of all parties after five years from the date of execution. 2) An individual city may withdraw after five years. 3) Prior to the execution of a contract for transfer station and solid waste disposal services between the parties and a vendor a city may withdraw from this agreement by giving -1~ 30 days notice. The above opt outs are conditioned upon preparing and securing our own Ecology approved solid waste management plan and upon meeting any responsibilities, financial or other, at the time of withdrawal. In order to move forward with the procurement process it is recommended that this interlocal agreement be approved. Don Bulmon asked if there would be more than one vendor providing service. Ms. McCluskey responded that is yet to be determined. Mr. Law asked why a "25-year" agreement was being proposed. Gretchen Olsen, from Kitsap County Public Works, stated that the "25-years" was based on requirements by the Department of Ecology to plan for disposal for all the waste in Kitsap County in a minimum 20-year planning period. The additional 5 years was added in case it took awhile to "get something going", but clarified it was possible that the contract could end up being negotiated for 20-years rather than 25-years. #0865 M/S/C/U (Shepherd/McConnell) Motion to approve Interlocal Agreement regarding Solid Waste Disposal Vendor Selection Process. 9D - LAND LEASE AGREEMENT WITH KITSAP SQUARE DANCE ASSOCIATION, #AB00-019 Kathy McCluskey, Administrative Services Director, reported that the Kitsap Square Dance Association (KSDA) has occupied the three-acre tract of utility land on the Old Belfair Highway since 1969. KSDA built the existing square dance hall and has maintained the hall, grounds and RV hook- ups throughout the years. Currently, the City and KSDA are on a month-to-month extension of a lease that was negotiated in 1988. The land lease agreement being proposed has the concurrence of KSDA and contains the following elements: 1) Three year term with a 180-day termination clause; 2) Recognition that KSDA retains ownership of the building and improvements until termination of the lease, thereupon, the City automatically gains ownership of the entire premises with no purchase costs; 3) Annual rent for the use of the land is at $850 based upon market value of the land less KSDA contributions for upkeep; and 4) Leasehold tax based upon the land rental in the amount of $530 per year to be paid by KSDA. KSDA will be directly responsible for property taxes on the building and improvements since they retain ownership of these. TAPES #1681 & #1682 City Council Reg. Mtg. Minutes January 26, 2000 Page 4 of 6 Ms. McCluskey further explained that State law requires that the City receive full market value for leases with either individuals or entities, for both land and facilities. Each lease must be reviewed to see if it meets the standards for an exception to this rule, and if they do not, full value must be assessed to the users of the lease. In this case, the City owns the land, and KSDA owns the building. She reported they do a very nice job of keeping up the site. Tracy DiGiovanni, Attorney representing KSDA, felt this agreement was fair for all involved parties. There were no questions or comments from the public. #1080 MISlCIU (Farr/Olsen) Motion to approve the land lease agreement with Kitsap Square Dance Association and authorize the Mayor to execute the said agreement. Al I ('~/ Tt't ~TAklr~ QIIII r~lkl/~_ DEDIIBIT GG_I~I~4 cOD h ~-ADA~-r' ,A~T 4A/IG MAI'~D/'~klA D~"~IMT I'hDI%IE ADDI IPAklT I"~('~KI 1.1~"~1 T? ITEM WAS PULLED FROM THE AGENDA 11B - REFER BACK TO PLANNING COMMISSION ITEM #PL99-0083 ON DECISION TO ALLOW TO STAND BUILDING PERMIT 99-051 FOR A GARAGE AT 1409 MADRONA POINT DRIVE; APPLICANT: DON HOLTZ; APPEALANT: R. WES HENRY, SR., #AB00-022 A Planning Commission decision of October 19, 1999, on a Type ! Administrative Decision was appealed to the City Council. A tie resulted at the hearing before the Planning Commission. The Bremerton Municipal Code provides that Type ! Administrative decisions may be appealed to the Planning Commission for a final decision. An appeal of the Planning Commission's decision to Superior Court is available. Since the City Council does not have jurisdiction to hear this appeal, it is recommended that this matter be referred back to the Planning Commission for further consideration per the commission's Rules and By-laws relating to tie votes by the Commission. Due this being a Quasi-Judicial Public Hearing, President Arends asked if any Council member believed their participation would conflict with the A~earance of Fairness 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. There were no questions or comments from the public. #1308 M/S/C/U (McConnell/Olsen) Motion to refer Planning Commission Item PL99-0083 back to the Planning Commission for entry of a written decision after continuation, and further consideration, of the October 19, 1999 hearing on Appeal of Building Permit No. 99-0151 for a garage at 1409 Madrona Point Drive. 9E - PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF RESERVOIR NO. 4 MODIFICATIONS, #AB00-020 Tom Knuckey, Senior Engineer, explained that qualifications of four consultants from the City's consultant roster were reviewed and evaluated for the design of the Reservoir No. 4 Modifications Project. Montgomery Watson was identified has having a demonstrated ability in planning and design of water systems including water transmission, water storage, pump systems, reservoir liners and TAPES #1681 & #1682 City Council Reg. Mtg. Minutes January 26, 2000 Page 5 of 6 reservoir covers. The scope of work includes pre-design evaluations, design, and limited construction services for the Reservoir No. 4 Modifications project. The consultant's fees for this work are $125,662. The requested action before the City Council is approval of an agreement for professional services with Montgomery Watson. There were no questions or comments from the public. #1400 M/S/C/U (Shepherd/FarO Motion to approve a professional services agreement for design of Reservoir No. 4 Modifications with Montgomery Watson in the amount of $125,662 and authorize the Mayor to execute the same in accordance with City policies and procedures. 9F AN!.~.',.~.L CONTROL CONTR.*.CT, #ABOO~2! ITEM WAS PULLED FROM THE AGENDA 10A - ORDINANCE (.FIRST READING) ESTABLISHING A SPECIAL ELECTION DATE OF MAY 16. 2000 FOR A PARKS & RECREATION BOND, #AB00-007 (Postponed from January 12 & 19, 2000) Mayor Horton reported that at the meeting of December 22, 1999, the City Council passed (on first reading) an ordinance establishing a special election date of March 14, 2000 for a Parks and Recreation bond. After discussing this matter further with members of the citizen based Y2R Committee it was recommended that the Special Election be re-scheduled to May 16, 2000. This change in election date will allow Y2R Committee members and City staff to spend more time with the public to ensure that the City's voters are fully informed about the proposed Parks and Recreation projects prior to the election. Cris Gears, Parks & Recreation Director, further added that the Site- Selection Task Force will hold a Public Meeting on Monday, January 31, 2000 here in the Council Chambers at 5:30 P.M. to solicit public input, and that additional public meetings on this topic will continue in the following months prior to the vote. He asked that any group interested in scheduling a presentation should call the Parks Department at 478-5305 or the Mayor's office at 478-5266. Don Bulrnon asked if the ballot would specify "downtown" as the location. H. Emily Moshay asked the public to not ask for a specific location until all the facts were in. John Becket discussed the financial aspects of the issue, and recommended that the City wait until the November General Election, so there would be no ballot costs. Elizabeth Buell agreed about waiting until the General Election in November, and also asked "how much" the proposed Center would cost, and were the taxpayers going to pay for it. Larry Dickerson stated that in light of 1-695, he also felt the City needed to consider the extra costs for a special ballot. Gary Gartin was curious why this item was being placed on the ballot at all, with so many unanswered questions. Mr. Gears clarified that this is a "citizen basecf' project, not "City-driven", and that any delay in the vote, would delay the project by one full year, which could add thousands of dollars in expense to the project. He stated there is an abundance of information that has not yet been released to the public. Ruth Natividad asked if the location of the Center would be included on the ballot, and if not, asked for a commitment from the Council to include a location before it went to a vote. Mr. Gears stated that the proposed language for the ballot was included in the Council packet, and that it did not address the location. Mayor Hod;on suggested a Resolution to solidify the location. TAPES #1681 & #1682 City Council Reg. Mtg. Minutes January 26, 2000 Page 6 of 6 Mr. Esser stated he was not opposed to the idea of a Recreation Center, but supported waiting until the General Election in November to save money and also allow more time for studies to obtain facts. He also asked the cost to taxpayers. Mr. Gears responded approx. $85 to $90 per year for the owner of a $100,000 house (about 85-cents per thousand dollars of value. TAPE #1682 Mr. Farr believed that enough information would be presented between now and the election, and pointed out that this vote would be to ask voters to approve the "concept", and did not feel that money should be spent on further studies until the voters approve this first step. Mr. Law voiced his concerns that a location was not specified, and asked if any other government agencies would have an item to share the ballot. Mr. Gears stated that no group has contacted the County Auditor inquiring about placing an item on the ballot. Mr. Olsen clarified there is always a cost to place an item on the ballot, even in the General Election, and also suggested that anyone who had additional questions could attend the Monday night Public Meeting on January 31, 2000. Mr. Shepherd asked the percentage of voters required, and observed that there is no legal definition of "downtown". Mr. Gears responded that the requirement is the total number of voters participating in the election must be at least 25% of the number of voters that participated in the previous General Election. If the 25% threshold is not reached, then the entire election is invalidated. Out of the 25%, a minimum of 60% of those voting must vote in favor of the bond or it fails. Mayor Horton clarified that historically "downtown" is defined as the central business district with boundaries east of Warren Avenue and south of 6th Street. Mr. McConnell stated he could not support this ordinance until questions about land costs were answered. Mr. Gears responded that the site location would impact the original estimate of $16.5 million, but did not feel the impact would be dramatic since they were not talking about a significant piece of land. He estimated a possible difference of a half million dollars one way or the other. #0427 M/S/C/U (FardOIsen) Motion to approve ordinance on first reading, provided that the location be specified in the ballot language for second reading. Vote on motion: In favor: OIsen, Law, Shepherd, Farr, Arends Opposed: Esser, McConnell, Rollman, With no further business meeting adjourned at 7:10 P.M. PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton PJ/CNIs C: Normal Distribution File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: BUDGET ADJUSTMENT and FOR AGENDA OF: DECLARATION OF SURPLUS ORIGINATING DEPT: Treasurer~ ORIGINATOR: Rich H am~a'~ For Replacement of City Vehicles DATE SUBMI'I-I'ED: Jan. 1~, 2000 2. CLEARANCES: Comment of back if necessary) 3. EXHIBITS: Dir. Admin. S Budget Adjustment Request No. 00-3 Fiscal & Budget comm"'~/.;'~..~;;~',~.~ Operat,ons Comm;~/~'~d~? ~.~.-c~/~// ENDORSEMENTS X INFORMATION~ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR~~J '~- ~:~...f .COUNCIL PRESIDENT ~ ~-~~' ) /4' 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 ~COUNClL DIRECTIvE:TABLED~ APPROVED DISAPPROVED AMIENDE9 A 11. AGENDA BILL NO: O O ' 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 REQUEST Requesting Department: EQUIPMENT RENTAL, Adjustment Number: 00-3 GENERAL, SIU J Approvai Authority Required: J ~-']Treasurer r-]Mayor F Fiscal & Budget r-~Council SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount Equipment Rental: Decrease Capital 99,000 Increase Ending Cash 99,000 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 ate Director Signature Date Treasurer Comments: ~ Recommended r-"-] Not Recommended i ~, Treasurer's Signature ~ D Mayor Comments: [--'--'] Recommended r---] Not Recommended r-'--] Approved ~-] Denied Mayor's Signature Date Fiscal & Budget Committee Comments: Approved ~ Denied Fiscal & Budget Committee Signature Date Modification of the 2000 Vehicle Fundin.q Bud.qet PROPOSED CURRENT BUDGET VEH # DESCRIPTION REPLACEMENT BUDGET BUDGET REVISION FUND 5 91 Dodge D150 4x2 P/U 2000 Chev Astro Van 4x4 $ 16,000 $ - $ 16,000 Equip Rental 7 89 Chev. 1500 4x2 P/U GMC Sor~oma 4x2 ext cab 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 - - 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 25 000 (3,000) Equip Rental 343 83 GMC Brig. W/Gehl sprdr 2000 Intern 2674 w/aerosprdr 80 000 (80,000) Equip Rental 354 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 15 000 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 - Equip Rental Utility New Addition 2000 Jeep Cherokee 25,000 25,000 Equip Rental Utility New Addition Sullivan Air Compressor - Equip Rental Miscellaneous N/A 42,500 42,500 Equip Rental $ 647,000 $ 787,000 $ (72,500) Fund Totals: Equipment Rental $ 495,500 $ 662,000 $ (99,000) 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: Februar~ 2000 WITH THE TRACYTON WATER DISTRICT ORIGINATING DEPT: Public Works & Utilities. ORIGINATOR: W. Eugene Sample>,, Dire, gtgr DATE SUBMITTED: January 18, 2000 2. CLEARANCES: (comment on back~ry~) Z~ 3.,. EXHIBITS City Attorney ~,e~-~.~ City Treasurer ' ~ . ' '_~_,~___~ A. Tracyton Water District Map. Administrative Services Department -'~ kNx.,~ ~ B. Interlocal Agreement. Council Budget & Finance Committee Operations Committee MAYoRENDORSEMENT~Y ;//tlNF~IM~ION APPROVEDcouNCiL PRESIDENTBY COUNCIL PRESIDENT~FORd55~~SUBMITTAL: 4. SUMMARY STATEMENT A15FD REQUIREMENT 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 City. 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. RECOMMENDATION: 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 AM~ COUNCIL DIRECTIVE DATE: 11. AGENDA BILL NO: 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 Imerlocal 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 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 BR_EMERTON, a Washington Municipal Corporation; 2. TRACYTON WATER DISTRICT, a Washington Municipal Corporation; 3. Grantee(s): 1. CITY OF BREMERTON, a Washington Mumcipal Corporation; 2. TRACYTON 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 Traeyton 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, 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. Interlocal Agreement City of Bremerton & Tracyton Water District Page 1 02/10J00 t5 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 "Plan"). 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 (attached hereto as Exhibit "A"). 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 bodv shall herein be referred to as the "Administration Team". If the Administration Team shall ever disagree on any issues related to this Agreement, after fwst 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. 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. Interlocal Agreement City of Bremerton & Tracyton Water District Page 2 02/10/00 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's 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 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 Interlocal Agreement City of Bremerton & Tracyton Water District Page 3 02/10/00 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 financing shall first be approved by the DISTRICT, which approval shall not be unreasonably withheld. Project Financing shall include provision of funding 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 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; and Interlocal Agreement City of Bremerton & Tracyton Water District Page 4 02/10/00 (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 furore. 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 and at a service rate structure agreed to by the CITY and the DISTRICT prior to dissolution. If reasonably required, Bond counsel will be consulted on the feasibility and structuring for DISTRICT dissolution, and CITY assumption of DISTRICT debt may be incorporated into the bond issue documents. The CITY is agreeable so long as assumption of any debt does not limit the CITY's debt capacity to a level unacceptable to the CITY. 12. 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. 13. 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 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 equity in the arbitration proceeding. 14. 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 after 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. Interlocal Agreement City of Bremerton & Tracyton Water District Page 5 02/10/00 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 heating. 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. Interlocal Agreement City of Bremerton & Tracyton Water District Page 6 02/10/00 15. 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 this 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 ATTEST: Terry McKinley, Secretary Interlocal Agreement City of Bremerton & Tracyton Water District Page 7 02/10/00 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 WINTEROWD, 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: /ab Tracyton Water System File From 6m Draft Interlocal Agreement City of Bremerton & Tracyton Water District Page 8 02/10/00 Trac¥1on Waier Syai~m plan Table 0-3 CnpIl~l ~u]~rovomonl 9chedule 1998 - Coal E~tlmsllng Year 4.0% · Almual Coal Eecalatlon ProJecl Conll. Project DeecHpllon ...... ObJecllve Ouan~iy Unlle Size Unit P~oJoct 1990 Canal. Conll. Year ID Year Coat ($) Coat Co,tel. Coal Initial Dletrlct Walermaln Replacemen~ ProJecta Of 1099 8" pipe on Pod~flo Lane west mm T~a~lon Oly~. RePlace ~' ~11 connoctlon~} . .. 7~ ~ ~' 7~ 52,5~ 54,6~ 02 1099 8" ~pe on Shp~ood weet Item Tra~p~ p~vd. ~oplaco 6' DI ~13 cofTr)p~ll~npl 7~ ~ 03 1999 8' pi~ ~ slrool nodh el Klnl Dr. WeSI from Trq~ on plvd, Replace 4' CI (2 ~nnoctions) ~ ~ P~ ,, ,7g 70,~ 72,Q0~ 04 1999 8' pipe on Rial Dr. Io Pelors0n Rd, & Laurelhu~el Dr. Replac0 4" opd 2' GALV [I 4 connections) 16~ LF 8" 70 ~ 12,~ ~ ~6,48c o5 ~999 8' pipe on Dadinq Road so~ 'eas~ Imm Trenton Blvd. ~~n~} i~ LF 8' 70 70,~ 72,8~ O0 ~ 8" pipe mi Bllver Beach Ddvo'soull{ !mm T~,~lou Blvd. ~ec~6 connocllons] 750 LF O 07 1999 B" pi~ on Nora from Trenton Blvd 1o alley ~eplace 2' PVC m~d 4' CI (7 connocllons) and ~ LF B' ~ 49,~ 50,D6~ loop pipe to alley 08 1999 B" pipe on Br~kw~d Ave, oaq~ Item May SI. Re lace mos of ~ AC {14 connoclions) ~SQ ~F 8' 09 1999 B' p ~ on Masher C~,pyon Rd easl Imm May S~. Rep ace mos, el 4' AC { 15 connep~ions) 550 LF B' ~ 38,5~ 40,046 10 1999 ~' p ~ pn Holm~r~ si. west from T~a~tpn Blvd. Replace mosl of 2' CI m~d GA~V (15 copnoclions 5~ LF ~" 70 35,~ 36,4~ ~ I 1999 9' p ~ 0n pLyale mad south el Pax on Ir~ Tra~lon plvd~ ~eplace meal el 2' GALV (8 connections) 7~ LF * 8' 70 49,~ 50,960 12 1999 9' pipe on Nldmls Ave. Item Naomi SI, Io Tm~ton Blvd. Replace 2' GALV and loop Naomi SI. dead end (7 8~ LF 8' 70 58,~ 58,240 connoclions) 13 1999 ]~ pl~ on Johnson SI, soulh imm Vmm Ave. Io existing pipe l.oop syslom h* Vmm Ava. and ~oi)laco some o~ DO0 LF O' 70 50,~0 58,240 'in Johnson St. ox~ 4' CI In Johnson Sl~{~n~mcltons) 14 fog9 12' pipe ~n NJchots Ave. hem hacytun Blvd. (May St.) to Connect now 12" m.t,t in ha~lon Blvd. Io exlsfin0 8~ LF 12' 76 60,8~ 63,230 I lans~lry SI. 12" muhl hi I Imlsho~y SI,, loop syslom, and replace exislhlg 2' GALV (8 ~nnecltons) 15 1999 8" p Pq 9~ ~aom~ ~1, ~mm T[aW Ave. Io Riddell Rd. ~ ~ CI (12 connocllons) 660 LF O' 70 46,2~ 48,~5L f6 1999 8' pipe on Naomi Si. Item Riddell Rd. south Io I lerilage bi. qeploco 2' GALV dead end line along Naomi 2~ LF 8' 70 203,00[ 211,12C Ihen easl lo Trenton Beach Rd. SI.( 19 connections) and loop syslem Io 12" main in T~a~lon Beach Rd. , I 7 1999 8' pipe on ~unker SI. Imm Ri~oll lo soulh ~ep~qcq ~'~1 ~ 13 connecllonsJ lO~ {.F 18 i999 12' pl~ on Tm~lon Blvd. {May SI.) soulh from Eells Rd. Io Replace 8' CI Io conned new 12' male hem 2~ LF 12" 76 t52,~ 158,080 NidJols Ave. Trenton Bird, I~ now i2" main In Nichols Ave. J9 1999 ~ 12' pipe on Tra~lon Blvd. south hem Fai~grounds Rd, Io Replace 4" and 6' CI lo conno~ Io new 12' main 8~ LF 12' 76 676,400 703,460 Eella Rd. al May SI. Imm Eerie Rd. Io inle[~nnoclion al Fairgrounds Rd. 20 1999 Upgrade Fairgrounds IIoad ~ hem 4' lo 8' Improve peak d~mand I.ossums a~d flows - bellm I Each O' 30,~ 30,~ 31,2~ 21 1999 PRV connodion Io Iho Eas1398 Zone - Io 8' hem Slampodo Increase peak dmlmnd arid lire Ilow pressures I LS 8' fi2,0~ 52,~ 54,00C Blvd. near Schulyo~ Ild. 250' el 8' pipe Io conno~l oxlsllng around ~ ra~l~)~l Elommdmy 8' pl~ hem nodh end el May SI. (Easl 240 Zone) Ih~ough PRV lo exlstng 8' pll~ al Schuyler and I Iolland Roads. 1999 Inlllai 8' Dlameler Dl=hlclWalermah~ Reolacemenl 14~60 LF 1999 Inl!l~l 12' Dla~ler Dlshlcl Walermaln Reolacemenl 117~ LF 1999 Two Interconnecllon u~rl~l Include~ 250' of 8" VIP~ ~ B2.~ 85,280 Total IPlIIM Dl~lrlcl Immovemenll 2.018.4~ 2.099.140 Future City Subatandard Watermaln Upgrade~ FI 2~ 8' pipe on pdva e mad ~ulh el She~o~ weal Imm Replace {' GAI.V {8 conneclions) ~ LF F2 2~ B' pl~ in alley e~sl o! Nora ~1. nodh Ironl T[a~lon Blvd. Replace 2' G~I V~ ~nrmclions} 550 LF 8' 70 38.5~ 41.640 F3 2~ B' pl~ In EelIs Rd. east of Traw on Dlvd, IMay SI.) Replac9 2' PVC~7 coq~oclion~) 3~ LF 8' 70 21,~ 22~ F4 2~ ~' pl~ i~ H~m~rq S. easl el T~a~p~ Orrd {May SI.) Rep ace unknown pipe {10 ~0pne~ion~) 7~ LF 8' 79 49,~ 53,~( F~ 2~ 9' pipe In Pa~le[ si. nodh Item ~i~ql{ Rd. Io Nicholp Ave. Rap ace 2' PVC/GALV [7 comloclions) ~320 LF 8' F6 2~1 9' pipg i~ Tlnflle SI. nodh Item Rl~ell Rd. Io Ni~o!s ~v~. Replace 2' GALV (J 7 ~rmec!i~s) t 320 ~F 8' F7 2~1 ~' ~ In }larl S1 nodh Irem Ri~el! ~d. Io Ni~!s Ave, Re~ace 2' GAI_V (15 mnneclions} ~350 ~F 8' 70 94,5~ F8 2~ ? pl~ In ~hnson S. nod ~ [ro~, R ~oii~da. to T~.w Ava. ~.plac. 4' cI ~9 connoclions) 7~ ~ 8" ~Tolal Fulure ClIv Sub~landa~ 7240 LF I Nolo: Pipe conslrudlon unit pd~9 provided by Ihe Dial[id and Ihe Cily el Bmmedon based upon Silve~dalo WD bid coal Including valves, tiro hyd~anl9, and pavomonl rosl0ralion water main In shriller I~ roads. Costs do ~ol include ougtneod~g or admlnlshalion ~ls. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: TRACYTON WATER SYSTEM FOR AGENDA OF: Februa¥_,~ 2000 PROJECT UPGRADE, AGREEMENT FOR ORIGINATING DEPT: PW&U Engineering Div. DESIGN SERVICES WITH HAMMOND, ORIGINATOR: Randy Witt, City Engineer COLLIER AND WADE-LIVINGSTONE, ASSOC., DATE SUBMITTED: January 18, INC. 2. CLEARANCES: (comment on back ~/~t ce~s~ ~ 3. EXItIBITS City Attorney ( ,, L A. Tracyton Water District Location Map City Treasurer r___ ~ ~ B. Professional Services Agreement with D~rector, Admnustrat~ve Se~-v~ces ~.2~. Hammond, Colher, Wade-L vm stone Council Budget & Finance Commi~~ ~, -~//~ Associates. Operations Committee ~,,~'. _'.?~_,,~_~ ENDORSEMElx]T /x( .I~X~~TION. APPROVED BY COUNCIL PRE~JI3ENT FOR SUBMITTAL: MAYOR ~]-~.f~¢~ COUNCIL PRESIDENT df~ ~'~ 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 necessa~' for preparation of plans, specifications, and estimates to produce construction documents for the Tracvton Water System Upgrade Project. The not to exceed amount of the agreement is S258,840.00. The Tracyton Water District has retained the City to act as engineer on the project through an Interlocal Agreement. The District will fired all work necessary for design of the improvements to their system in accordance with the Interlocal 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 $258,840.00. 9. RESPONSIBLE OFFICIAL: Ciw Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: NOTICe: O ', CT ON PULLED TABLED APPROVED DISAPPROVED AM~~ COUNCIL DIRECTIVE DATE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The Tracyton Water District will not receive the improvements necessary to provide a viable water system and fire protection in the area. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: None, the Tracyton Water District is funding City and consultant costs associated with designing this project. The City is assisting in securing financing through the Interlocal Agreement. 7. RESEARCH SOURCES 20012 TRACYTON SERVICE AREA TRACYTON WATER DISTRICT DISTRICT & SERVICE AREA BOUNDARIES SERVICE AREA BOUNDARY WATER DISTRICT BOUNDARY PROFESSIONAL SERVICES AGREEMENT Tracyton Water System Upgrade Project THIS AGREEMENT is between the City of Bremerton, a municipal corporation (hereinafter referred to as "City") and Hammond, Collier, Wade-Livingstone Associates, Inc. (hereinafter referred to as "HCW-L"). WITNESSETH: 1. SCOPE: HCW-L will perform all surveying, mapping, design, environmental and permitting services necessary to prepare the plans, specifications and estimate and produce construction documents for the Tracyton Water System Upgrade Project as further defined in the Scope of Work attached hereto and incorporated herein as Exhibit A. 2. TERM: Contract shall commence on and will terminate on December 31, 2001, unless otherwise extended by the City. 3. COMPENSATION: City shall pay HCW-L compensation as follows: Total fees under this Agreement shall not exceed Two-hundred fifty-eight thousand, eight hundred forty Dollars ($ 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 Ciw, 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. Pm-Serv. Agt- 1 ll16/991ab 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 Agreement 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, fi:om 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 Agreemem. 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. Pm-Serv. Agt - 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 comphance 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 right 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 public 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 status 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. Pro--Serv. Agt - 11/16/99/ab IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. Hmur~n~ Colli~"d~Wade-Livingstone, Assoc., Inc BRUCE LIVING~STONE, CITY OF BREMERTON Date: BY: LYNN S. HORTON, Mayor DEPA~TME~ROVAL:. W. EUGEIq'E S~, P.E., Director of Public Works and Utilities GLENNA 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. Pm-Serv. Agt - 11 / 16/99/ab 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 CIP, 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 documenfs and project detail specifications, utilizing APWA/WSDOT format. Engineer's cost estimates wilt 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 Attend meeting for coordination and questions Exhibit A: Scope of Work Page 1 of '7 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 main replacements. Plans, specifications and estimate shall use City format and borders. 3.1 Engineer horizontal 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 constructabiiity (switch over from old to new, etc.) 3.8 Define limits of patching, prelevel and overlay, curb, sidewalk, and other surface restoration to 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 project management, administration, and coordination Assumptions: · Oeotechnical 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 '7 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 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 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 identify 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-/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 Bremerton/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 title 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 Bremer1'on/HCW-L ~.~ 7.4 Inclusion of the F1 through F8 projects as identified in Table 8-3 ClP 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 right-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 ^PW^/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 ? Tracyton Water System Upgrade Project Bremedon/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 houses/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 t 7" 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-L 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 Project 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 · Consfruction: Spring, Summer, Fall 2000 Schedule is dependent on successfully acquiring necessary easements and permifs. 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% SubmiHal, 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 '7 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 NiAIN UPGRADE PROJECT ENGINEER PROJECT CADD CADD PROJE~:I' 2 PERSON WORD TOTAL TOTAL 9/24/99 & PM ENGINEER ENGINEER IV ENGINEER III OPERATOR OPERA:rOR SURVEYOR FIELD CREW PRI~'CESSlNG HOURS COSTS HOURLY RATES $125,00 $98.00 $8.6.00 $67.00 $89.00 $66,0D $87.00 $110.00 ~58.0~ Task 1 - Topographic Survey 1.1 - Research and obla!n background real'ping 16 ' 8 24 $ 2,272.00 1.2- Complete field work 16 ' 200' , .... 216 $ 23,392.00 1.3 - Compi!? field dala 40 10 '~50 $ 4,5S0.00 1.4 - Prepare, base mapp!ng: drawln~ scale will be 1" = 20' 60 .... 250 16 10 336 $ 24,332.00 1.5 - Evaluate easement acquisition needs & report to City . 2 16 18 $ 1,842.00 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 $ '~g2.00 2.3 - Attend'meeting for ~]uestlonsJc00rdination 6 6 12 $ 1,3,38.00 Task 3. Design En~llneerlng .... 3.1 - Ep~/ineer hodz, ontal and vertical desi~/n ali[in, ment Of water 3.2 - p~'epare valve~ f'~in~, hydrant, service Iocatio. n and design 26 82 24 132 3.3 - Desitin !or PRV's and connections 10 12 12 I 34 $ 3,,~58.00 3.4 - Take-offs and prepare preliminary construction cost estimate 2 4 4~) 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 reyiew comments in!o bid documents 8 16 3.7 - Anal~rze constmctability {s,witchover from old to new, etc.) 8 ._ __ 8 $ 1,000.00 3,8 - Define limits of patching/, prelevel and oved~/, curb, sidewalk, etc. 16 16 $ 1,56~.00 3..9 - Prepare TESC plan or specifications 24 8 - ' 32 ,$ 2,600.0~ 3.10 - Prep~*e 90% plan,s, for proposed improvements 16 40 200 256 $ 18,208.00 3..11 - Prepare 90% PM including bid forms, Contract fort~, s, deiail specs 16 8" 16 30 70 $ 5,068.00 3.12 - Complete tak, e-offs for 90% quantities 16 16 80 112 $ 8,304.00 3:13 - Complete-90% en~lineer's cost estimate 8 10 18 $ 1,454.00 3.14 - Complete in-house QA/QC 24 6 30 $ 3,588.00 3,15- Submit 90% plans and specifications for review and approval. 2 2 $ lg6.00 ..... 7, f~.0o 3.16 - Attend six meetin~ls with C:fl~/to present prolect 32 32 64 3.17 - Incorp.orate final pickups to plans and specifications 16 6 4 26 $ 2,316.,00 3.18 - Final in-house Q,~/QC 12 24 , 36 $ 3,852.00 :~'.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.~ - Prepare Counly RAN'franchise permit application 4 4 $ 392.00 4.2 - Provide technical support during/appltca, lion .review 4 4 .~ 392.00 4:3 - incorporate review comments into plans & specs 4 -- 2 6 $ 5~8.00 Task 5. Bidding Assistance 0 5.1 - Provide technical assistance during bidding phase 16 '16 $" 1,568.00 TaSk 6 - Construct!on Management 24 8 ~2 $ 3,04800 TOTAL ESTIMATED HOURS BY LABOR CATEGORY 172 484 206 200 60 600 112 228 40 2102 ESTIMATED pERSONNEL CHARGES BY LABOR CATEGORY $21 ~5.0.'.0..00 $47,43200 $17,71600 $13,400.00 $5,340.00 $39,600.00 $9,744.00 $25,08000 $2~320.00 $182,132.00 DIRECT NONSALARY COSTS (TRAVEL AND Rr~PRO.) $2,50d.00 SUBTOTAL BASE ESTIMATE ' $184,6~2,00 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 9/24/9~ & PM ENGINEER ENGINEER IV ENGINEER III OPERATOR OPERATOR 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 Task 7 - Optional Services 7.1 - Acquisition of title reports* 4 8 $ 1,088.0~ ?.2 - Preparation of le~lal descriptions and easement forms 4 16 $ 1,784.00 7.3 - Preparation of JARPA permit application 8 6 $ 1,084.00 7.4 - Inclusion of the FI through F8 pro~ects 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 $ 1,008.00 7.4.0.3 - Prepare base mapping: drawing scale will be 1" = 20' 4 70 4 6 $ 5,984.00 Task 7.4.1 - Design Engineering 77t. 1.1 - Engineer horizontal and vertical design alignment of water main 2 24 $ 2,602.00 7.4.1.2 - Prepare valve, fitting, 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 preliminaq/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 o 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 patching, and overlay, curb, sidewalk, etc. 4 7.4.1.9 - plan or specifications 4 $ 344.00 ~ 1 10 Prepare TESC . . - Prepare 90% plans for proposed improvements 12 4 70 $ 6,140.00 IL~. 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 $ 581~.1~0 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 7.4.1.17 - Final in-house QA/QC 6 4 7,4.1.18 - Submit documents for DOH approval 1 $ 58.00 1 $ 58.00 ;7.4.1.19 - Submit 100% plans and specifications for bidding ?.4.1.20 - Provide project management, administration and coordination 6 26 ...................... $ 3,494.00 Subtotal Task 7.4 - Inclusion of FI to F8 Projects 38 162 38 ....... 20 4 190 8 72 15 $ 700.00 $ 47,336.00 7.6 - Construction survey etakln~, 33,840 LF (complete pro~ect) 8 72 $ 900.00 $ 9~616.00 7.6 - Draflin9 of record drawings - 80 shts ~ 2.5 hrslea 200 $ 200.00 $ t3,400,00 TOTAL ESTIMATED HOURS BY LABOR CATEGORY 76 312 84 40 8 586 48 216 30 ESTIMATED PERSONNEL CHARGES BY LABOR CATEGORY $9,$00.00 $30,676.00 $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 $ 258,640.00 Optional estimate2 ~ ~ EXHIBIT C - HAMMOND, COLLIER & WADE - LIVINGSTONE ASSOCIATES, INC. 4010 Stone Way North, Suite 300 Seattle, Washington 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: FOR AGENDA OF: ORIGINATING DEPT: BPD Renewal of BH~ Contract for Supplemental Services ORIGINATOR: Tim Shoifis DATE SUBMITTED: 12/28/99 2. CLEARANCES: (comment on back if n~) 3. EXHIBITS: Treasurer Budget & Fiscal Committee <:::~...---~..- ~ ~ ~ntract Operations Committee ~ L~--~.I _ oe ch,e, ENDORSEMENT X INFORMATION ~ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4, SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Attached is the Year 2000 Contract for Supplemental Services. This agreement is bet~;~-cn the City of Bremerton, by and through the Bremerton Police Department, and the Housing Authority of the City of Bremerton (BHA). Currently there is a contract in effect in which the Bremerton Police Department provides supplemental law enforcement services to the BHA. The contract before you is a request to once again enter into an agreement between the City of Bremerton (Police Department) and the BHA for the same services currently being provided by the contract in effect. The following are the only changes negotiated with BHA, between the current contract and the proposed 2000 contract. [continued on page 2] 8. RECOMMENDATION: City Council eigc~a~.approve BHA contract for 2000. 9. RESPONSIBLE OFFICIAL: Chief Forbes ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTIO~ PULLED -- TABLED -- APPROVED DISAPPROVED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS (Continued): 4. SUMMARY STATEMENT (Continued): Section C (Compensation), Item #1 Cost of one new hire to replace assigned police officer has been changed from $51,593 (1999) to $54,172 (2000). The total number of dollars available in overtime has been adjusted from $29,952 (1999) to $14,000 through May 2000. Renegotiations will follow for the remaining portion of the year. Total compensation to be paid by BI-IA to the City of Brernerton per the proposed 2000 agreement is $68,172, as compared to the current 1999 agreement total of $81,545. Renegotiations will cause the Year 2000 dollar figure to increase when the remaining reimbursement is added. Other than the above referenced items there are no changes in language between the current 1999 and proposed 2000 agreement. 5. IMPACT OF NON-PASSAGE Non-passage would result in the loss of a very significant community oriented program in the Westpark area. The Westpark officers' presence has played an integral part in BHA's ability to reduce cdme and promote a positive environment for families residing there. Additionally, non-passage of this request would result in the potential elimination of one uniformed officer position within the Police Department, as the proceeds from this agreement allow the department to place an experienced officer in Westpark, and to then fund an entry level officer in his/her place. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT, OR OTHER RESOURCES: Authorizing this agreement to go into effect will have no negative impact to the Police Deportment Budget for 2000. 7. RESEARCH RESOURCES: N/A CONTRACT FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES THIS AGREEMENT is between the CITY OF BREMERTON, by and through the BREMERTON POLICE DEPARTMENT ("Contractor"), a law enforcement agency of the State of Washington with jurisdiction over the relevant geographical area, and THE HOUSING AUTHORITY OF THE CITY OF BREMERTON ("BHA"), a municipal corporation organized under RCW 35.82, et seq. RECITALS WHEREAS, A. BHA operates a Iow-income housing area, commonly referred to as Westpark; and B. Westpark contains 582 Iow-income households and comprises a geographic area of approximately 74 acres; and C. The incidence of criminal activity within Westpark substantially exceeds the level of activity in surrounding locales and requires supplemental law enforcement services; and D. Contractor is willing to provide supplemental law enforcement services on a contractual basis but within the scope of its general law enforcement responsibilities as a police authority. NOW, THEREFORE, for and in consideration of the mutual benefit to be derived herefrom, the adequacy of which is acknowledged by each party's authorized agent affixing his or her signature hereto, the parties now make and enter into the following: CONTRACT FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES -- PAGE 1 12/99 h:/dacumendcontracts/supiawer~.doc 4 '~ II. AGREEMENTS A. SCOPE. Police officers funded by and assigned to the Housing Authority of the City of Bremerton are responsible for the delivery of supplemental police services to the residents of the VVestpark development. Specifically, officers are expected to work as community police officers, including the duties and responsibilities described in Attachment A and B. 1. One (1) community Police Officer assigned to Westpark forty (40) hours per week. BHA to specify the hours. 2. Part-time service exclusively at Westpark for sixteen (16) hours, Fridays and Saturdays, 6:00 pm to 2:00 am 3. Baseline Services, regular services afforded to all other residents of the City of Bremerton to include investigative services. B. TERM. Services shall commence January 1, 2000, and shall terminate on December 31, 2000, unless extended by agreement of the parties. C. COMPENSATION. 1. Cost of one new hire to replace assigned patrol officer @ $54,172.00 includes wages and benefits with vacations and holidays for 2,096 hours of work per year; plus overtime coverage @ $36.00 per hour maximum. Current Budget outlay for BHA is $14,000.00 for overtime coverage; when this arrangement is expended, both parties will revisit the overtime reimbursement for finalizing the remaining year-end expense. The total dollar amount is $68,172.00 until rene,qotiations. Baseline service is at no additional cost during the term of this agreement. No additional compensation above the hourly patrol rate will be paid for court appearances, coordinating conferences or other time demands arising from patrol services. CONTRACT FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES -- PAGE 2 Rev: ,2~, ~4 h:/docurnent/contracts/su plawen.doc 2. Cars and Equipment. The charges set out in paragraph 1. preceding include all compensation for cars, gasoline, repair and equipment provided by Contractor. 3. Contractor will provide BHA with an itemized billing for services within ten (10) days following .the end of each calendar month during which services are provideci. BHA shall pay for such services within twenty (20) days of receiving the bill. D. REPORTS AND INFORMATION ACCESS. Contractor agrees that BHA will have unrestricted access to all public information, which in any way deals with cdminal activity in Westpark and which is disclosable pursuant to RCW 10.97, 42.17 and any other laws pertaining to the disclosure of public records. This information will be provided at no cost by Contractor upon BHA's request and will be in addition to daily activity reports. E. REASSIGNMENT. BHA shall have the right to reasonably request Contractor to replace any assigned personnel for the following reasons: 1. Neglect or non-performance of duties; 2. Disorderly conduct, use of abusive or offensive language, or fighting; 3. Criminal activity; 4. Selling, consuming, possessing or being under the influence of intoxicants, including alcohol or illegal substances, while on assignment at Westpark; 5. Inadequate punctuality or attendance; or 6. Substantiated complaints from public housing residents or management. BHA shall provide written enumeration of the reasons for the request for replacement of the assigned personnel, including documentation and witnesses to the alleged behaviors. CONTRACT FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES -- PAGE 3 12/99 ~ h :/docu ment/cont racts/suplawen, doc F. ADMINISTRATION. Rob Forbes, Chief of Police, is designated as Contractor's representative and Merrill Wallace II, the Executive Director of the Housing Authority of the City of Bremerton, is designated as BHA's representative for administration of this contract. G. NOTICES. All notices to be given by either of the parties hereto to the other party shall be in writing and may either be delivered personally or may be deposited in the United States Mail, postage prepaid, as either certified or regular mail, addressed to: Men'ill Wallace II Rob Forbes, Chief Housing Authority of the City Bremerton Police Department of Bremerton 239 Fourth Street P.O. Box 4460 Bremerton, WA 98337 Bremerton, WA 98312 or to such other respective addresses as either party may from time to time designate in writing. Notices sent by mail shall be deemed to have been given when properly mailed; the postmark affixed by the United States Post Office shall be conclusive evidence of the date of mailing. H. HOLD HARMLESS. Contractor agrees to defend, indemnify, and hold harmless the BHA, its Commissioners, officers, employees, and agents from and against any and all liability, loss, cost, damage and expense, including costs and 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 arisen out of the negligent performance of this Agreement. If, however, the negligence of both BHA and Contractor is judicially found to be the cause of such damage or injury, the loss, cost, or expense will be shared in proportion to the relative degree of negligence of each. CONTRACT FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES -- PAGE 4 Rev: 12/99 h:/document/contract s/su plawen.doc ~ I. NONDISCRIMINATION. Contractor hereby certifies that it is an equal opportunity employer and has developed and implemented an Affirmative Action Program in accordance with the guidelines contained in Revised Order 4 of the United States Department of Labor. Both parties agree that they will not discriminate in any manner against any employee or applicant for employment because of race, color, religion, sex, national odgin, age, madtal status and disability, except for employment actions based on a bonafide occupational qualification. Such action includes, but is not limited to, employment, upgrading, layoff or termination, rates of pay or other forms of compensation, or selection for training. J. TERMINATION. This Agreement automatically terminates on December 31, 2000; however, if either party fails to substantially perform through no fault of the other and does not commence correction within five (5) days after wdtten notice of the default and moves to diligently complete the correction thereafter, this Agreement is terminated upon a further ten (10) days' wdtten notice. K. EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS. 1. BHA, HUD, or Comptroller General of the United States or any of their duly authorized representatives shall, until three (3) years after final payment under this contract, have access to and the dght to examine any of the ContractoCs directly pertinent books, documents, papers, or other records involving transactions related to this contract which are otherwise disclosable pursuant to public disclosure laws, including RCW 42.17 and RCW 10.97 for the purpose of making audits, examinations, excerpts and transcriptions. 2. The periods of access and examination in paragraph 1. above are for records relating to: a) litigation for settlement of claims arising from the performance of this contract; or b) costs and expenses of this contract to which BHA, HUD or Comptroller General or any of their duly authorized representatives has taken exception shall continue until disposition of such appeals, litigation, claims, or exceptions. CONTRACT FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES -- PAGE 5 12/99 h:/document/cont racts/suplawen.doc L. LIMITATIONS ON PAYMENTS MADE TO INFLUENCE CERTAIN FEDERAL FINANCIAL TRANSACTIONS. 1. The Contractor agrees to comply with Section 1352 of Title 31, United States Code ("the Act") which prohibits the use of Federal appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: The awarding of any federal contract; the making of any Federal grant; the making of any Federal loan; the entedng into of any cooperative agreement; or the modification of any Federal contract, grant, loan or cooperative agreement. 2. The Contractor further agrees to comply with the requirement of the Act to furnish a disclosure of any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) that have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a Federal contract, grant, loan or cooperative agreement. M. APPLICABLE LAW; VENUE. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a dispute, such dispute shall be litigated in the Supedor Court of the State of Washington for Kitsap County. N. ENTIRE AGREEMENT. This contract constitutes the entire Agreement between the parties. Any modifications or amendments shall be in writing and shall be signed by each party. CONTRACT FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES -- PAGE 6 12/99 ~8 h:ldocumentlcontractslsupiawen, doc HOUSING AUTHORITY OF THE CITY OF BREMERTON MERRILL WALLACE II Executive Director CITY OF BREMERTON DATED: BY: LYNN S. HORTON Mayor DEPARTMENTAL APPROVAL: t---/ROBERT D. FORBES Chief of Police APPROVED AS TO FORM: RECEIVED FOR FILING: GLENNA MALANCA, City Attorney KATHLEEN L. McCLUSKEY, City Clerk CONTRACT FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES -- PAGE 7 12/99 4~ h:/document]contracts/suplawen.doc HOUSING AUTHORITY OF THE CITY OF BREMERTON SUPPLEMENTAL POLICE SERVICES (ATTACHMENT A) POSITION DESCRIPTION Police officers funded by and assigned to the Housing Authority of the City of Bremerton are responsible for the delivery of supplemental police services to the residents of Westpark Development. Specifically, officers are expected to work as community policing officers, including performing the following duties and responsibilities: 1. Respond to all calls, both emergency and non-emergency in nature, involving the Westpark Development and residents, and follow guidelines as stated in Attachment B. 2. Engage in proactive policing strategies; develop and maintain rapport with Westpark residents, thus fostering an atmosphere of cooperation, compassion, coordination, peace and order within the Westpark Development. 3. Encourage residents to report any and all suspicious or cdminal activities as well as suspected/observed abuse or neglect of people, animals or property. ' 4. Assist victims and homeless people, referring them to other agencies, when appropriate, for further assistance. 5. Periodically engage in walking or bicycle patrols throughout the shift in all public areas of the Westpark Development to deter disorder or crime. 6. Work with youth in the Westpark Development to help them understand and comply with laws and regulations. 7. Work with the Bremerton Housing Authority and residents to help clean up the Westpark Development, including removal of graffiti, trash and debris. 8. Work with Bremerton Housing Authority managers and resident councils to develop crime prevention programs, resident patrols and youth-oriented programs. 9. Make presentations and speeches to resident organizations and groups, as assigned. 10. Remain alert to the emergency needs of residents and visitors and take the appropriate action to protect life and property. 11. Develop and maintain a working knowledge of judicial and criminal law in the areas of: self-incrimination; right to counsel; arrest; search and seizure; interrogation and confession; and the collection and preservation of evidence. 12. Investigate the activities of suspicious persons as encountered or upon resident complaint using standard police techniques and in conformance with legal requirements CONTRACT FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES -- PAGE 8 12/99 h :/documentJcontracts/suplawen. doc 5 0 to determine the identity, activity and reason for the presence of the suspicious person or persons. 13. Deliver citations for violations of Bremerton Housing Authority regulations as well as vehicle and local ordinances in conformance with legal requirements and police department policies and procedures. 14. Direct vehicle traffic as required to ensure the safe, orderly flow of traffic. 15. Serve warrants or summonses in conformance with legal requirements and police department policies and procedures in order to comply with court orders. 16. Interrogate suspects in accordance with legal requirements and police department policies and procedures using standard interrogation techniques and strategies. 17. Search individuals and their personal property pdor to taking them into custody in compliance with legal requirements and police department policies and procedures using standard police search techniques to ensure the safety of the officer, other police department personnel, arrested persons, and the residents. 18. Incarcerate arrested persons as required in accordance with legal requirements and police department policies and procedures using standard police techniques in order to detain arrested persons pending further investigation and/or processing through the criminal justice system. 19. Assist in the securing of crime scenes and in the gathering and processing of evidence. 20. Promptly and properly prepare and submit the required daily reports to the Housing Authority of the City of Bremerton and the police department on each shift. 21. Enforce towing of abandoned or stolen vehicles. 22. Counsel juvenile and adult residents, referring them to the appropriate persons or agencies for further assistance. 23. Assist other police officers, as appropriate; accept and adhere to lawful direction and orders issued by a superior officer. 24. Assist prosecuting attorney(s) and the Bremerton Housing Authority attorney(s) in the preparation of court cases and, as required, testify at judicial trials and hearings. 25. Maintain a professional decorum and attitude in all dealings with residents, visitors, superiors and other department personnel; conduct personal life in a manner that sets a positive example for residents, especially youths. 26. Operate a vehicle (to be supplied by the police department) within assigned geographic area at the direction of a supervisor or at own discretion according to standard police techniques and strategies in order to deter and detect criminal activity. CONTRACT FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES m PAGE 9 12~99 h:/documentJcontracts/suplawen doc 5 i 27. Operate closed circuit television (CCTV) cameras and monitors in the Westpark Housing Development, as required, for the purpose of deterring criminal activity and arresting violators. 28. Attend training courses, as assigned, to increase and enhance professional knowledge, skills and ability. 29. Maintain liaison with all law enforcement officers, Bremerton Housing Authority officials and related agencies' personnel to exchange information and facilitate cooperative efforts. 30. Work in an overtime status as required by the Bremerton Housing Authority Executive Director. 31. Provide any service necessary to further the Bremerton Housing Authority's mission and objectives that is not restricted by legal or police department policy. 32. Perform other law enforcement duties as assigned. CONTRACT FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES -- PAGE 10 12/99 h:ldocumentJcontracts/suplawen.doc ~ ~.. HOUSING AUTHORITY OF THE CITY OF BREMERTON SUPPLEMENTAL POLICE SERVICES (ATTACHMENT B) RCW 59.18.075 Seizure of Illegal Drugs -- Notification of Landlord 1. Any law enforcement agency which seizes a legend drug pursuant to a violation of chapter 69.41 RCW, a controlled substance pursuant to a violation of chapter 69.50 RCW, or an imitation controlled substance pursuant to a violation of chapter 69.52 RCW, shall make a reasonable attempt to discover the identity of the landlord and shall notify the landlord in writing at the last address listed on the property tax records and at any other address known to the law enforcement agency of the seizure and the location of the seizure of the illegal drugs or substances. 2. Any law enforcement agency which arrests a tenant for threatening another tenant with a firearm or other deadly weapon, or for some other unlawful use of a firearm or other deadly weapon on the rental premises, or for physically assaulting another person on the rental premises shall make a reasonable attempt to discover the identity of the landlord and notify the landlord about the arrest in writing at the last address listed in the property tax records and at any other address known to the law enforcement agency. (1991 c 38 & 4; 1988 c 150 & 11.) CONTRACT FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES -- PAGE 11 12/99 h:/document/contracts/suplawen.doc ~') '"~ HOUSING AUTHORITY OF THE CITY OF BREMERTON SUPPLEMENTAL POLICE SERVICES (ATTACHMENT C) AGREEMENT OF COOPERATION BETWEEN The HOUSING AUTHORITY OF THE CITY OF BREMERTON and The BREMERTON POLICE DEPARTMENT A. AGREED UPON CONCERN: 1. Need for continued communication and cooperation between Bremerton Police Department and the Housing Authority of the City of Bremerton. 2. Need for comprehensive and enhanced screening of Low Rent Public Housing applicants. B. MAJOR GOALS: 1. Reduce the number of problematic residents by utilizing an enhanced applicant screening process in the Low Rent Public Housing Pro,am; 2. Create a safer environment which will be attractive to law abiding, productive residents who will contribute and enhance the quality and livability of a neighborhood; 3. Continue the communication and cooperation link between the Bremerton Police Department and the Housing Authority of the City of Bremerton; 4. Improve the identification of applicants through more thorough review of forms of identification. C. AGREED UPON ACTIONS BY PARTICIPANTS: 1. BHA Board of Commissioners - a. Adopt a non-financial Agreement of cooperation to continue, and amend as necessary, the enhanced screening process; CONTRACT FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES -- PAGE 12 12,99 5~r' h :/docurnent/contracts/suplawen.doc b. Approve the addition of Bremerton Police Department record information to the current screening process; c. Utilization of Guidelines for Evaluating Criminal Histories of Applicants to LRPH for use as a reference in evaluation the seriousness of individual records; and d. Endorse public education and awareness of this enhanced screening process through media and community forums. 2. BHA LRPH Program Staff- a. Participate and cooperate with The Bremerton Police Depar/ment staffin the administration of this enhanced screening process. 3. Bremerton Police Department- a. Provide personnel during BHA screening sessions to assist in the identification of applicants, to answer applicant questions, and to provide other mutually agreed upon services; b. Provide Bremerton Police Data Service (BPDS) printouts without charge to the Housing Authority while this Agreement is in effect; c. Provide support from the Planning and Support Division's Statistical Analysis unit for evaluation of the enhanced screening process; and d. Endorse public education and awareness of this enhances screening process through media and community forums. D. EFFECTIVE DATES OF AGREEMENT: The Bremerton Police Department and the Housing Authority of the City of Bremerton concur with the terms of this Agreement. This Agreement shall remain in effect until either party notifies the other through 30 day written notice of the need to revise or cancel the Agreement. E. PROGRAM EVALUATION: The Bremerton Police Department and the Housing Authority of the City of Bremerton agree to meet semi-annually, or as may be necessary, to review any areas of concern. CONTRACT FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES -- PAGE 13 12/99 h:/document/contractslsuplawen.doc 5 ~ This Agreement is signed and executed on behalf of the Housing Authority of the City of Bremerton and the Bremerton Police Department by the following parties: Merrill Wallace II, Executive Director Date Housing Authority of the City of Bremerton Robert D. Forbes, Chief Date Bremerton Police Department CONTRACT FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES -- PAGE 14 12/99 h:/d°cumentJc°ntracts/suplawen' d°c 5 ~ AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: -~-/ I /O/ ORIGINATING DEPT: Police State of Washington Work Study Program ORIGINATOR: Tim Sholtis Contract DATE SUBMI'I-FED: 02/02/00 2. CLEARANCES: (comment on back.if~sary) 3. EXHIBITS: Treasurer ~ ~ ._ Budget & Fiscal Committee ~;~;~~-~l Job Description Operations Committee ~'.,~,~_z , Omanization Profile Police Chief ENDORSEMENT X INFORMATION ~ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Through a contract with the State of Washington Work Study Program and Olympic College, the Department employs two students for the school academic year, July 1, 1999 to June 30,2000. They work 19.5 hours per week at $10.00 per hour. The student hires support the Records Division. This program provides the City extra help and the students with an income and experience towards future employment. Council needs to approve the contract. Cost to the Department was $11,000. The State of Washington provided $1,740. 8. RECOMMENDATION: Recommend approval for the Mayor to execute this 9. RESPONSIBLE OFFICIAL: Chief Forbes ENFORCEMENT OFFICIAL: F_,,XPI RATION DATE: R/R0/00 RFVI EAN DATE' 10. NOTICE OF ACTION: PULLED TABLED APPROVED DISAPPROVED _~ COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: ~?'- ~J~r~'~ 2. CLEARANCE COMMENTS (Continued): 4. SUMMARY STATEMENT (Continued): 5. IMPACT OF NON-PASSAGE: State provided funding would not be used. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT, OR OTHER RESOURCES: Timely entry of files into Laser Fiche archiving system would not take place. 7. RESEARCH RESOURCES: N/A WASHINGTON STATE WORK STUDY PROGRAM JOB DESCRIPTION ATTACHED SHEET 4. Performs basic data entry duties on Department personal computers using Microsoft and WordPerfect applications. Types and completes appropriate documentation and forms as directed. Performs administrative duties, in support of staff as needed, such as, schedules fingerprinting, photo applications, sorting property, simple research and filing. Performs light lifting duties at supply storage locations. Assists in staging inactive document and case records. Performs related duties as required. 5. Understanding the technical requirements of record management systems maintenance process and procedures. Understand technology insertion into police operations and records management systems. Understand the personal interactions and teamwork of a small office staff. BUSIRESS/O RGANIZATION PROFILE FOR WASHINGTON STATE WORK STUDY EMPLOYERS Instructions: Complete the form by printing or typing responses and return to the Higher Edu- cation Coordinating Board with the Employer Contract. 1. Name of Business/Organization: IRS Federal EmployerID Number _ 916001231 2. Owned/Operated By: Municipality 3. Nature of business and description of goods or services provided: (Attach annual report or sum- mary publication if you prefer.) Law Enforcement Agency 4. 'Describe composition of Board of Directors/Corporation, if applicable: City Council, Mayor and Police Chief 5. Number of years in operation: 94 Years 6. Number of employees: Full-time 82 Part-time -0- State Work Study. -0- 7. Are you currently participating in the State Work Study program, and, if so, through which insti~- tion(s): Yes, Olympic Corr~unity College, Bremerton, WA 98337 8. Have you experienced any cash flow problems within the past two years that would make it difficult to compensate State Work Study students on a regular basis? If so, please explain on the back of this form. No 9. Have you ever been a defendant in a consumer protection action? If so, please explain on the back of this form. Not Applicable 10. Have you ever been involved in a labor dispute? If so, please explain on the back of this form. No 11. Does your organization participate in any political activity or have a religious affiliation? If so, please explain on the back of this form. NO ' Signature Timothy J. Sholtis - r~le BPD Administrative Support Manager STATE OF WASHINGTON WORK STUDY PROGRAM EMPLOYER CONTRACT THIS CONTRACT, entered into this 1st day of July , ~1999, by and among the Higher Edu- cation Coordinating Board, an agency of the'sta~ of Washington, hereafter called the "Board," or a public postsecondary institution(s) acting as an instrument of the Board in the placement of students, hereinafter called the "Institution;" and City Of Bremerton Police Department , an eligible Employer, hereinafter referred to as the "Employer." WlTNESSETH: WHEREAS, the Board has been appropriated funds from the state of Washington, pursuant to RCW 28B.12, to stimulate and promote part-time educationally-related employment of students who are in need of the income from such employment to pursue courses at institutions of postsecondary education, and WHEREAS, the Employer is a non-profit organization or a profit-making business entity which does not have a direct association with a controlling sectarian organization, and WHEREAS, the Board, the Institution, and the Employer desire that certain students engage in work under the State Work Study Program authorized by RCW 28B.12, and WHEREAS, the Employer is in a position to utilize the services of such students, NOW THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties hereto agree for themselves as follows: A. Employer Responsibilities: General To be eligible for and to receive reimbursement, the Employer agrees to: 1. Utilize the services of students referred to it by the institution(s) who are eligible to participate in the State Work Study Program, who provide documentation of eligibility, ancl who are qualified and acceptable to the Employer. A detailed job description and the pay range for each position must be set forth on a "Job Description" form, or its equivalent, submitted to and approved by each participating Institution; 2. Comply with all appropriate federal, state, and local laws; 3. Employ students to perform only work which will not: a. Result in displacement of regular employees, impair existing contracts for services, or f/il positions which are vacant because regular employees are involved in a tabor dispute; b. Replace positions occupied by regular employees during the current or prior year or any position currently or formerly occupied by Higher Education Personnel classified staff; c. Be sectarian-related; or d. Involve any partisan or non-partisan political activity; 4. Ensure that the work performed by the State Work Study student will bear relationship to the student's formal academic program and/or career interest; 5. Pay each student an hourly rate which is at least equal to the entry level rate for comparable positions within the employing organization; 6. Pay each student on a per-hour worked basis. The student may not be compensated on a completion-of-project or saladed basis; 7. Supervise in a reasonable manner the work performed by the student(s); 8. Maintain a daily record of the hours worked by each student on a form approved by the Board for that purpose; 9. Regulate the number of hours worked to ensure that no student works more than an average of the 19 hours reimbursable per week over the period of enrollment for which the student has received an award or a maximum of the 40 hours reimbursable per week during vacation periods, unless the Institution has specified that the stu- dent work fewer hours per week, in which case the Employer will regulate the hours accordingly; 10. Notify the Institution of any change affecting the student's employment; and 11. Complete the attached Business Profile, and also provide the Institution or the Board, upon request, additional information substantiating its eligibility as an Employer, information on its employee classification/compensation plan, and/or a current financial statement c°nfirmi'nglits(o fiscal solvency. B. Employer Payroll and Reimbursement Responsibilities: The Employer further agrees to: 1. Pay directly to employed students by check or direct deposit their total compensation less appropriate deductions at least once a month, at a rate of pay at least equal to the entry level salary (starting hourly rate or wage) of comparable positions within the employing organization; 2. Bear the costs of employee benefits, including all payments due as an employer's contribution under the State Worker's Compensation laws or Federal Employment Compensation Act (federal agencies only), federal Social Security laws, and other applicable laws; *See Below* 3. Bear the full cost of any commission, bonus, or other special compensation paid the student in addition to the agreed-upon hourly rate of pay; 4. Claim reimbursement only for wages: a) That do not represent hours of work in excess of maximum number of hours subject to reimbursement under this contract; b) Certified under oath as paid by check or direct deposit to students certified as eligible by the Institution; and c) For hours actually worked by the student. 5. Submit to the Institution's appropriate office a competed timesheet for each student employee hired through the State Work Study Program according to the schedule provided by the Institution. In the event the Institution does not establish a sch. edule, THE TIMESHEET MUST BE SUBMITTED WITHIN 15 DAYS OF THE END OF THE PAYROLL PERIOD; 6. Submit timesheets for any student(s) who earned compensation or was paid during the month of June to the In- stitution by the deadline established by the Institution or July 10~, whichever is earlier; 7. Adhere to state labor standards by providing student employee with appropriate rest and meal periods; 8. Waive and forfeit all claims for reimbursement of compensation earned or paid to students but not reported or submitted to the Institution as required under Section B(5) and B(6) of this Contract; and 9. Make available upon request by Board and other state of Washington personnel, its payroll records for students paid under this Contract for audit purposes; C. By approving and processing Job Descriptions, the Institution(s) agree(s) to: 1. Determine which students meet the eligibility requirements for employment under the State Work Study program in accordance with rules and regulations and guidelines established by the Higher Education Coordinating Board; 2. Refer to the Employer only those students eligible for the program who appear to be qualified for employment, after exercising the priorities in placing students in accordance with the rules and regulations by which the State Work Study Program is administered; and 3.Notify the Employer of any student who may become ineligible. D. The Board agrees to reimburse the Employer for a percentage of the student's total State Work Study financial aid award. Reimbursement will be a percentage of the total payroll paid to students under this Contract as stated on the Job Description form. Reimbursement will be paid monthly upon receipt of the Employer's properly completed State Work Study timesheets which have been sent to the Institution. Public postsecondary institutions(s) may reimburse the Employer on behalf of the Board. Private postsecondary institution(s) will forward the timesheets to the Board for reimbursement. No reimbursement will be made if such information is received after the calendar deadlines estab- lished by this Contract and the Institution(s). E. All Parties agree: 1. This Contract and Business Profile, in conjunction with the Job Description form approved by each institution, constitutes an agreement to participate in the program and to comply with the contract provisions; 2. The total reimbursable payroll shall consist of the hourly rate of compensation paid a student multiplied by the number of reimbursable hours of work performed by a student. The maximum number of reimbursable hours of work may not average more than 19 hours per week over the period of enrollment for which the student has re- ceived a State Work Study award or exceed a maximum of 40 hours per week during vacation periods. The In- stitution may specify that a student work fewer hours per week than the maximum. The number of hours any student may work during any period must be agreed upon prior to commencement of employment; B. 2. Continued: These are temporary workers and this does not apply under Bremerton City Codes for this program. 3. The following priorities must be exemised in the placement of students: a) First pdodty must be given to placing students in positions which are related to their educational goals or ca-" reer interests; b) At the time of job placement, and after consideration of (a) above, no eligible Washington resident shall be excluded in favor of a non-resident; and c) Because it is the intent of the State Work Study Program to assist students from moderate income family backgrounds who do not qualify for other sources of financial aid, placement should be directed toward stu- dents with moderate need, who, were it not for this program, would be forced to rely heavily on loans. 4. Complaints by either the employee or Employer regarding lack of compliance with this Contract should be re- ferred to the appropriate office at the Institution for settlement. If resolution cannot be reached, appeal may be made to the Higher Education Coordinating Board; 5. This Contract shall be subject to the availability of funds granted for this program. It shall also be subject to the provisions of RCW 28B.12, the regulations adopted thereunder, and all legislation and regulations pertaining to the State Work Study Program adopted subsequently; 6. This Contract may be terminated by the Board or the Employer if there is failure by the other party to comply with its provisions; and 7. This Contract will remain in effect until the end of the academic year, which is June 30 immediately following the effective date of this Contract. The Contract may be renewed by the Employer for the subsequent academic year by completing a renewal form which will be mailed to the employer pdor to the expiration date. In the case of a first year contract filed between April and June, the second year renewal is handled autornaficelly by the Board. IN WITNESS HEREOF, the parties hereto have executed this contract the day and year first above wdtten. City of Bremerton / Police Department Signature of Employer Representative Name of Employing Business Organization Robert D. Forbes - Chief of Police 239 4th Street Name of Employer Representative (Pdnt or Type) A(:ldress (Print or Type) Bremerton~ WA 98337 January 24~ 2000 ( 360 ) 478-5220 Date ( Area Code ) Telephone Number Business is: Incorporated Yes~ No Lynn S. Horton - Mayor __Non-Profit X Public __ For-Profit __ Private For the Higher Education Coordinating Board IRS Federal Employer Identification Number (or public postsecondary institution representative) (Contract will not be approved if left blank) Title Date Address to which reimbursement should be sent if different from above. The completed Employer Contract and Business Profile should be mailed by the employer to: Student Financial Aid Higher Education Coordinating Board 917 Lakeridge Way PO Box 43430 Olympia, Washington 98504-3430 HECB: April 1999 ~,~ WASHINGTON STATE WORK STUDY PROGRAM JOB DESCRIPTION A Job Description form must be completed for each State Work Study position offered by a participating employer. Instructions for completing the form may be found on the back of this page. EMPLOYERS SHOULD TYPE THEIR RESPONSES AND RETURN FORM TO THE INSTITUTIQN, (1) Police Report Writer / Data Eats/ (2) $. 10.00 to $ Flat JOB TITLE Pay Range: Minimum anti maximum pay range to be paid for this position (3) Effective dates of this Job Description: 07 / 01 / 1999 to 06 / 30 / 2000 (4) ,JOB DESCRIPTION: (Be specific and provide detailed description of duties.) Receives phone calls from citizens and completes police reports on minor incidents. Routes calls to appropriate agencies when required. Performs basic clerical duties. Collects materials for filing. Sort and categorize documents. Files documents in the correct location. Post other documents as directed. (Continued on attached sheet) (5) EDUCATIONAL BENEFITS TO BE DERIVED BY STUDENTS IN THIS JOB: Gaining technical knowledge about the clerical and administrative operations of a records division in a law enforcement agency. Gain first-hand insight and knowledge of the importance of report writing in police operations and investizations. .(Continued on attached sheet) (6) MINIMUM QUALIFICATIONS: (What skills must a student possess prior to filling this job?) Possess some knowledge about the operations of a law enforcement agency. Be proficient on personal computers. Be familiar with basic data entry require- men ts. (7) City of Bremerton Police Department (8) _ 916001231 Name of employing business or organization IRS Federal Employer Identification Number (Job Description will not be approved if left blank) 239 4th ~ Street Address (9) BY: egal~ a tu h r~r~secrtative (360)478-5277 Signature of I signing time sheets Phone TIMOTHY J. SHOLTIS..__~_~, Print Name of Legally ~uthonzeo Representative For Coli~University and HECB ~:~ ~ (10) APPROVED: S~gnature (11 } Name College/University (12) Code (13) Percentage Reimbursement: % (14) Job Classification Code: (15) Position Number: (16) Special Funding Source: (17) APPROVED: For ~he HECB Da~e AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: SR 304Transportation Improvement FOR AGENDA OF: February 16, 2000 Project: Groundwater Monitoring ORIGINATING DEPT: Public Works & Utils Agreement ORIGINATOR: R. Witt, City Eng./~, DATE SUBMITTED: February 7, 2000 2. CLI~AR~NC,2ES: (Comment on back if necessary) 3. EXHIBITS: ?/ 1. Consultant Agreement Utilit,~es City Treasurer Dir~inistrative Services ' o~.~f~~et Committee Council Opergtions Committee ENDORSEMENT~](INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: '~ -J- COLLNCIL PRESIDENT C~"'~~ ~/~-~'5 ::---"/ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: As part of the SR 304 Transportation Improvement Project the former Unocal Station property located at 403 South Cambrian Ave. was purchased. Due to groundwater contamination at the site, for the next five years groundwater monitoring and reporting of findings to the Department of Ecology is required. Parametrix was identified as having the demonstrated ability and site knowledge to perform these activities. The consultants' maximum fee for this work is $45,247. The action before the Council is approval of an agreement for professional services with Parametrix.. 8. RECOMMENDATION: The City Council approve the professional services agreement for groundwater monitoring at 403 South Cambrian with Parametrix in the amount of $45,247 and authorize the Mayor to execute the same in accordance with City policies and procedures. 9. RESPONSIBLE OFFICIAL: Director Pub Wks & Util ENFORCEMENT OFFICIAL: Director Pub Wks & Util EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION COUNCIL DIRECTIVE: (OVER) 11. AGENDA BILL NO.: C)o - 04-{:: 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation 5. IMPACT ON NON-PASSAGE: Negotations would begin to select another consultant to perform this work. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES: Staffing: 16 staff hours for administration of the consultant agreement. Budget: This project is included in the 2000 budget as part of the Arterial Street fund and sufficient funds exists to do this work with the additional funding the City will receive from other funding sources. The City will be receiving funding from the Federal Highway Administration and the State Transportation Improvement Board. Facilities/Equipment: No impact. 7. RESEARCH SOURCES: Consultant/Address/Telephone Standard Consultant [nc. Agreement 5700 Kitsap Way, Suite 202 Bremerton, WA 98312-2234 Agreement Number (360) 377-0014 Federal Aid Number Agreement Type (Choose one) Project Title And Work Description [] Lump Sum SR 304 Transportation Improvement Project Lump Sum Amount $ Groundwater Monitoring [] Cost Plus Fixed Fee Overhead Progress Payment Rate 180 % Overhead Cost Method [] Actual Cost DBE Participation [] Actual Cost Not To Exceed % 7-~ Yes [2~] No % [] Fixed Rate 30 % WBE Participation Fixed Fee $ ,~-- Yes [~ No % Federal ID Number or Social Secudty Number [] Specific Rates Of Pay ~ 91-0914810 ~ Negotiated Hourly Rate ~ lDo you require a 1099 for IRS? ~ Provisional Hourly Rate ~ ~ Yes ~ No I Completion Date Maximum Amount Payable ~ Cost Per Unit of Work December 31, 2004 $ 45,250.00 THIS AGREEMENT, made and entered into this day of , between the Local Agency of City of Bremerton , Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the "CONSULTANT". WlTNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: OOTForm 140-089 EF Page 1 of 8 Revised 10/97 ~...~ I " All reports, PS&E ma-{'edals, and other data, furnished GENERAL DESCRIPTION OF WORK to the CONSULTANT by the AGENCY shall be retumed. All designs, drawings, specifications, The work under this AGREEMENT shall consist of documents, and other work products prepared by the the above described work and services as herein CONSULTANT pdor to completion or termination of defined and necessary to accomplish the completed this AGREEMENT are instruments of service for this work for this PROJECT. The CONSULTANT shall PROJECT and are property of the AGENCY. Reuse fumish all services, labor and related equipment by the AGENCY or by others acting through or on necessary to conduct and complete the work as behalf of the AGENCY of any such instruments of designated elsewhere in this AGREEMENT. service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the II CONSULTANT. SCOPE OF WORK IV The Scope of Work and project level of effort for this TIME FOR BEGINNING AND COMPLETION project is detailed in Exhibit "B" attached hereto, and The CONSULTANT shall not begin any work under by this reference made a part of this AGREEMENT. the terms of this AGREEMENT until authorized in I!1 writing by the AGENCY. All work under this GENERAL REQUIREMENTS AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under All aspects of coordination of the work of this completion date. AGREEMENT, with outside agencies, groups or individuals shall receive advance approval by the The established completion time shall not be extended AGENCY. Necessary contacts and meetings with because of any delays attributable to the CONSULT- agencies, groups or individuals shall be coordinated ANT, but may be extended by the AGENCY, in the through the AGENCY. event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of The CONSULTANT shall attend coordination, GOD or governmental actions or other conditions progress and presentation meetings with the beyond the control of the CONSULTANT. A prior AGENCY or such Federal, Community, State, City supplemental agreement issued by the AGENCY is or County officials, groups or individuals as may be required to extend the established completion time. requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice pnor V to meetings requiring CONSULTANT participation. PAYMENT The minimum number of hours or days notice - The CONSULTANT shall be paid by the AGENCY required shall be agreed to between the AGENCY for completed work and services rendered under this and the CONSULTANT and shown in Exhibit AGREEMENT as provided in Exhibit "C" attached attached hereto and made part of this AGREEMENT. hereto, and by this reference made part of this The CONSULTANT shall prepare a monthly AGREEMENT. Such payment shall be full compen- progress report, in a form approved by the AGENCY, sation for work performed or services rendered and that will outline in wdtten and graphical form the for all labor, materials, supplies, equipment, and various phases and the order of performance of the incidentals necessary to complete the work work in sufficient detail so that the progress of the work can easily be evaluated. Goals for Disadvan- specified in Section II, "Scope of Work". The CONSULTANT shall conform with all applicable taged Business Enterprises (DBE) and Women portions of 48 CFR 31. Owned Business Enterprises (WBE) if required shall be shown in the heading of this AGREEMENT. Page 2 of 8 VI employees of the C, 3ULTANT only and not of the SUBCONTRACTi'~G AGENCY, and any and all claims that may or might adse under any Workmen's compensation Act on The AGENCY permits subcontracts for those items behalf of said employees or other persons while so of work as shown in Exhibit G to this Agreement. engaged, and any and all claims made by a third party. Compensation for this subconsultant work shall be as a consequence of any act or omission on the part of based on the cost factors shown on Exhibit G, at- the CONSULTANT's employees or other persons tached hereto and by this reference made a part of this while so engaged on any of the work or services AGREEMENT. provided to be rendered herein, shall be the sole The work of the subconsultant shall not exceed its obligation and responsibility of the CONSULTANT. maximum amount payable unless a pdor wdtten The CONSULTANT shall not engage, on a full or approval has been issued by the AGENCY. part time basis, or other basis, dudng the pedod of the All reimbursable direct labor, overhead, direct non- contract, any professional or technical personnel who salary costs and fixed fee costs for the subconsuitant are, or have been, at any time during the pedod of the shall be substantiated in the same manner as outlined contract, in the employ of the United States Depart- in Section V. All subcontracts exceeding $10,000 in ment of Transportation, the STATE, or the cost shall contain all applicable provisions of this AGENCY, except regularly retired employees, AGREEMENT. without written consent of the public employer of such person. The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT VIII without pdor written permission of the AGENCY. No NONDISCRIMINATION permission for subcontracting shall create, between The CONSULTANT agrees not to discriminate the AGENCY and subcontractor, any contract or any other relationship, against any client, employee or applicant for employ- ment or for services because of race, creed, color, VII nationat ongin, marital status, sex, age or handicap EMPLOYMENT except for a bona fide occupational qualification with regard to, but not limited to the following: employ- The CONSULTANT warrants that he/she has not ment upgrading, demotion or transfer, recruitment or employed or retained any company or person, other any recruitment advertising, a layoff or terminations, than a bona fide employee working solely for the rates of pay or other forms of compensation, selection CONSULTANT, to solicit or secure this contract, and for training, rendition of services. The CONSULT- that it has not paid or agreed to pay any company or ANT understands and agrees that if it violates this person, other than a bona fide employee working provision, this AGREEMENT may be terminated by solely for the CONSULTANT, any fee, commission, the AGENCY and further that the CONSULTANT percentage, brokerage fee, gift, or any other consider- shall be barred from performing any services for the ation, contingent upon or resulting from the award or AGENCY now or in the future unless a showing is making of this contract. For breach or violation of this made satisfactory to the AGENCY that discrimina- warrant, the AGENCY shall have the dght to annul tory practices have terminated and that recurrence of this AGREEMENT without liability, or in its discre- such action is unlikely. tion, to deduct from the AGREEMENT pdce or consideration or otherwise recover the full amount of During the performance of this AGREEMENT, the such fee, commission, percentage, brokerage fee, gift, CONSULTANT, for itself, its assignees and or contingent fee. successors in interest agrees as follows: Any and all employees of the CONSULTANT or A. COMPLIANCE WITH REGULATIONS: The other persons while engaged in the performance of CONSULTANT shall comply with the Regula- any work or services required of the CONSULTANT tions relative to nondiscrimination in the same under this AGREEMENT, shall be considered manner as in Federal-assisted programs of the Page 3 of 8 Department of Transportation, 'l'ro'e 49, Code of sive possession o-~another who fails or refuses to Federal Regulations, Part 21, as they may be furnish this information the CONSULTANT shall amended from time to time, (hereinafter referred so certify to the AGENCY, or the United States to as the Regulations), which are herein incorpo- Depart~nent of Transportation as appropriate, and rated by reference and made a part of this shall set forth what efforts it has made to obtain AGREEMENT. The consultant shall comply the information. with the Amedcan Disabilities Act of 1992, as E. SANCTIONS FOR NONCOMPLIANCE: In the amended. event of the CONSULTANT's noncompliance B. NONDISCRIMINATION: The CONSULTANT, with the nondiscrimination provisions of this with regard to the work performed by it dudng the AGREEMENT, the AGENCY shall impose AGREEMENT, shall not discriminate on the such sanctions as it or the Federal Highway grounds of race, creed, color, sex, age, marital Administration may determine to be appropriate, status, national odgin or handicap except for a including, but not limited to: bona fide occupational qualification in the selec- 1. Withholding of payments to the CONSULT- tion and retention of subconsultants, including ANT under the AGREEMENT until the procurements of materials and leases of equip- CONSULTANT complies, and/or ment. The CONSULTANT shall not participate either directly or indirectly in the discrimination 2. Cancellation, termination or suspension of the prohibited by Section 21.5 of the Regulations, AGREEMENT, in whole or in part. including employment practices when the contract F. INCORPORATION OF PROVISIONS: The covers a program set forth in Appendix II of the Regulations. CONSULTANT shall include the provisions of paragraphs (A) through (G) in every subcontract, C. SOLICITATIONS FOR SUBCONSULTANTS, including procurements of materials and leases of INCLUDING PROCUREMENTS OF MATERI- equipment, unless exempt by the Regulations or ALS AND EQUIPMENT: tn all solicitations directives issued pursuant thereto. The CON- either by competitive bidding or negotiation made SULTANT shall take such action with respect to by the CONSULTANT for work to be performed any sul~consultant or procurement as the under a subcontract, including procurements of AGENCY or the Federal Highway Aclministra- materials or leases of equipment, each potential tion may direct as a means of enforcing such subconsultant or supplier shall be notified by the provisions including sanctions for noncompli- CONSULTANT of the CONSULTANT's ance: provided, however, that, in the event a obligations under this AGREEMENT and the CONSULTANT becomes involved in, or is Regulations relative to nondiscrimination on the threatened with, litigation with a subconsultant or grounds of race, creed, color, sex, age, marital supplier as a result of such direction, the CON- status, national odgin and handicap. ULTANT may request the AGENCY to enter into such litigation to protect the interests of the D. INFORMATION AND REPORTS: The AGENCY, and in addition, the CONSULTANT CONSULTANT shall provide all information may request the United States to enter into such and reports required by the Regulations, or litigation to protect the interests of the United directives issued pursuant thereto, and shall States. permit access to its books, records, accounts, other sources of information, and its facilities as G. UNFAIR EMPLOYMENT PRACTICES: The may be determined by the AGENCY to be CONSULTANT shall comply with RCW pertinent to ascertain compliance with such 49.60.180 and Executive Order number E.O. Regulations or directives. Where any information 77-13 of the Governor of the State of Washington required of the CONSULTANT is in the exclu- which prohibits unfair employment practices. Page 4 of 8 .% IX In the event of the death of any member, partner or TERMINATION OF AGREEMENT officer of the CONSULTANT or any of its supervi- son/personnel assigned to the project, or, dissolution The dght is reserved by the AGENCY to terminate of the partnership, termination of the corporation, or this AGREEMENT at any time upon ten days written disaffiliation of the principally involved employee, notice to the CONSULTANT. the surviving members of the CONSULTANT hereby In the event this AGREEMENT is terminated by the agree to complete the work under the terms of this AGENCY other than for default on the part of the AGREEMENT, if requested to do so by the CONSULTANT, a final payment shall be made to the AGENCY. The subsection shall not be a bar to CONSULTANT as shown in Exhibit F for the type of renegotiation of the AGREEMENT between the AGREEMENT used. suo/iving members of the CONSULTANT an(:[ the AGENCY, if the AGENCY so chooses. No payment shall be made for any work completed after ten days following receipt by the CONSULT- In the event of the death of any of the parties listed in ANT of the Notice to terminate. If the accumulated the previous paragraph, should the surviving members payment made to the CONSULTANT prior to Notice of the CONSULTANT, with the AGENCY's concur- of Termination exceeds the total amount that would rence, desire to terminate this AGREEMENT, be due computed as set forth herein above, then no payment shall be made as set forth in the second final payment shall be due and the CONSULTANT paragraph of this section. shall immediately reimburse the AGENCY for any Payment for any part of the work by the AGENCY excess paid. shall not constitute a waiver by the AGENCY of any If the services of the CONSULTANT are terminated remedies of any type it may have against the CON- by the AGENCY for default on the part of the CON- SULTANT for any breach of this AGREEMENT by SULTANT, the above formula for payment shall not the CONSULTANT, or for failure of the CONSULT- apply. In such an event, the amount to be paid sha~l be ANT to perform work required of it by the determined by the AGENCY with consideration AGENCY. Forbearance of any rights under the given to the actual costs incurred by the CONSULT- AGREEMENT will not constitute waiver of entitle- ANT in performing the work to the date of merit to exercise those dghts with respect to any termination, the amount of work originally required future act or omission by the CONSULTANT. which was satisfactorily completed to date of termina- tion, whether that work is in a form or a type which is X CHANGES OF WORK usable to the AGENCY at the time of termination; the cost to the AGENCY of employing another firm The CONSULTANT shall make such changes and to complete the work required and the time which revisions in the complete work of this AGREEMENT maybe required to do so, and other factors which as necessary to correct errors appearing therein, when affect the value to the AGENCY of the work per- required to do so by the AGENCY, without additional formed at the time of termination. Under no compensation thereof. Should the AGENCY find it circumstances shall payment made under this subsec- desirable for its own purposes to have previously tion exceed the amount which would have been made satisfactorily completed work or parts thereof using the formula set forth in the previous paragraph, changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This If it is determined for any reason that the CONSULT- work shall be considered as Extra Work and will be ANT was not in default or that the CONSULTANT's failure to perform is without it or it's employee's fault paid for as herein provided under Section XIV. or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY in accordance with the provision of this AGREEMENT. Page 5 of 8 X! that nothing herein shall require a CONSULTANT to DISPUTES indemnify the AGENCY and the STATE against and hold harmless the AGENCY and the STATE from Any dispute concerning questions of fact in connec- claims, demands or suits based solely upon the tion with the work not disposed of by AGREEMENT conduct of the AGENCY and the STATE, their between the CONSULTANT and the AGENCY shall agents, officers and employees and provided further be referred for determination to the Director of Public that if the claims or suits are caused by or result from Works or AGENCY Engineer, whose decision in the the concurrent negligence of (a) the matter shall be final and binding on the parties of this CONSULTANT's agents or employees and (b) the AGREEMENT, provided however, that if an action is AGENCY and the STATE, their agents, officers and brought challenging the Director of Public Works or employees, this indemnity provision with respect to AGENCY Engineer's decision, that decision shall be (1) claims or suits based upon such negligence, (2) the subject to de novo judicial review. costs to the AGENCY and the STATE of defending Xil such claims and suits, etc. shall be valid and enforce- VENUE, APPLICABLE LAW AND able only to the extent of the CONSULTANT's PERSONAL JURISDICTION negligence or the negligence of the CONSULTANT's agents or employees. In the event that either party deems it necessary to institute legal action or proceedings to enforce any The CONSULTANT's relation to the AGENCY shall right or obligation under this AGREEMENT, the be at all times as an independent contractor. parties hereto agree that any such action shall be The CONSULTANT specifically assumes potential initiated in the Supedor court of the State of Washing- liability for actions brought by the CONSULTANT's ton, situated in the county the AGENCY is located in. own employees against the AGENCY and, solely for The parties hereto agree that all questions shall be the purpose of this indemnification and defense, the resolved by application of Washington law and that CONSULTANT specifically waives any immunity the parties to such action shall have the right of appeai under the state industrial insurance law, Title 51 from such decisions of the Supedor court in accor- RCW. The CONSULTANT recognizes that this dance with the laws of the State of Washington. The waiver was specifically entered into pursuant to the CONSULTANT hereby consents to the personal provisions of RCW 4.24.115 and was the subject of jurisdiction of the Supedor court of the State of mutual negotiation. Washington, situated in the county in which the AGENCY is located in. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of XlII construction contracts, if any, on the project. Subject LEGAL RELATIONS AND INSURANCE to the processing of an acceptable, supplemental The CONSULTANT shall comply with all Federal, agreement, the CONSULTANT shall provide on-call State, and local laws and ordinances applicable to the assistance to the AGENCY dudng contract adminis- work to be done under this AGREEMENT. This tration. By providing such assistance, the AGREEMENT shall be interpreted and construed in CONSULTANT shall assume no responsibility for: accord with the laws of Washington. proper construction techniques, job site safety, or any construction contractor's failure to perform its work The CONSULTANT shall indemnify and hold the in accordance with the contract documents. AGENCY and the STATE, and their officers and The CONSULTANT shall obtain and keep in force employees harmless from and shall process and defend at its own expense all claims, demands, or dudng the terms of the AGREEMENT, or as other- suits at law or equity adsing in whole or in part from wise required, the following insurance with the CONSULTANT's negligence or breach of any of companies or through sources approved by the State its obligations under this AGREEMENT; provided Insurance Commissioner pursuant to RCW 48. Page 6 of 8 XiV Insurance Coverage EXTRA WORK A. Worker's compensation and employer's liability A. The AGENCY may at any time, by written order, insurance as required by the STATE. make changes within the general scope of the AGREEMENT in the services to be performed. B. General commemial liability insurance in an amount not less than a single limit of one million B. If any such change causes an increase or decrease and 00/100 Dollars ($1,000,000.00) for bodily in the estimated cost of, or the time required for, injury, including death and property damage performance of any part of the work under this per occurrence. AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and Excepting the Worker's Compensation insurance and conditions of the AGREEMENT, the AGENCY any professional liability insurance secured by the shall make an equitable adjustment in the CONSULTANT, the AGENCY will be named on all (1) maximum amount payable; (2) delivery or certificates of insurance as an additional insured. The completion schedule, or both; and (3) other CONSULTANT shall fumish the AGENCY with affected terms and shall modify the AGREE- verification of insurance and endorsements required MENT accordingly. by this AGREEMENT. The AGENCY reserves the dght to require complete, certified copies of all C. The CONSULTANT must submit its 'request required insurance policies at any time. for equitable adjustment" (hereafter referred to as claim) under this clause within 30 days from All insurance shall be obtained from an insurance the date of receipt of the wdtten order. However, company authorized to do business in the State of if the AGENCY decides that the facts justify it, Washington. The CONSULTANT shall submit a the AGENCY may receive and act upon a claim verification of insurance as outlined above within submitted before final payment of the 14 days of the execution of this AGREEMENT to AGREEMENT. the AGENCY. D. Failure to agree to any adjustment shall be a No cancellation of the foregoing policies shall be dispute under the Disputes clause. However effective without thirt~ (30) days prior notice to nothing in this clause shall excuse the CON- the AGENCY. SULTANT from proceeding with the The CONSULTANT's professional liability to the AGREEMENT as changed. AGENCY shall be limited to the amount payable E. Notwithstanding the terms and condition of under this AGREEMENT or one million dollars, paragraphs (a) and (b) above, the maximum " whichever is the greater unless modified by amount payable for this AGREEMENT, shall Exhibit H. In no case shall the CONSULTANT's not be increased or considered to be increased professional liability to third parties be limited in except by specific wdtten supplement to this any way. AGREEMENT. The AGENCY will pay no progress payments XV under Section V until the CONSULTANT has fully ENDORSEMENT OF PLANS complied with this section. This remedy is not exclu- sive; and the AGENCY and the STATE may take The CONSULTANT shall place his endorsement on such other action as is available to them under other all plans, estimates or any other engineering data provisions of this AGREEMENT, or otherwise in law. furnished by him. Page 7 of 8 XVI XVIII FEDERAL AND STATE REVIEW COMPLETE AGREEMENT The Federal Highway Administration and the This document and referenced attachments contains Washington State Department of Transportation all covenants, stipulations and provisions agreed upon shall have the dght to participate in the review or by the parties. No agent, or representative of either examination of the work in progress, party has authority to make, and the parties shall not be bound by or be liable for, any statement, represen- XVII ration, promise or agreement not set forth herein. No CERTIFICATION OF THE CONSULTANT AND THE AGENCY changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and Attached hereto as Exhibit "A-l", are the signed by the parties as an amendment to this Certifications of the Consultant and the Agency, AGREEMENT. Exhibit "A-2" Certification regarding debarment, X|X suspension and other responsibility matters -pdmary EXECUTION AND ACCEPTANCE covered transactions, Exhibit 'A-3" Certification regarding the restrictions of the use of Federal funds This AGREEMENT may be simultaneously executed for lobbying, and Exhibit "A-4" Certificate of Current in several counterparts, each of which shall be Cost or Pricing Data. Exhibits "A-3" and 'A-4" are deemed to be an odginal having identical legal effect. only required in Agreements over $100,000. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting materials submitted by the CONSULT- ANT, and does hereby accept the AGREEMENT and agrees to ail of the terms and conditions thereof. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. Consultant Diane K. Lenius, P.E., Parametrix, l. rtc. Agency Lynn S. Horton, City of Bremerton Page 8 of 8 Consultant/Address/Telephone Supplemental Signature P~¢mx, [ac. Page for 5700 Kitsap Way, Suite 202 Standard Consultant Bremerton, WA 98312-2234 Agreement (360) 377-0014 Agreement Number Project T'rtle And Work Description SA 304 Transportation Improvement Project Federal Aid Number Grol.Llldwater Monitol'ing Local Agency City of Bremerton THIS AGREEMENT, made and entered into this day of between the Local Agency of City of Bremerton , Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the "CONSULTANT". In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. CONSULTANT LOCAL AGENCY Consultant Diane K. Lenius, P.E., Parametr~x. Inc. Agency Lynn S. Horton, City of Bremerton Consultant Agency W. Eugene Sampley, Public Works & Ut/lities By Agency Glenna Malanca, City Attorney By Agency DOT Form 140-089A EF Revised 4/98 Exhibit A-1 Certification Of Consultant Project No. Local Agency City of Brcmerton I hereby certify that I am the Brernenon Office Manager and duly authorized representative of the firm of Parametrix, Inc. whose address is 5700 Kitsap Way, Suite 202, Bremerton, WA 98312-2234 and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee or other consideration, any fn'm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this contract. (b) Agreed, as an express or implied condition for obtaining this contract, to employ or to retain the sermces of any fn'm or person in connection with carrying out the contract. (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution donation or consideration of any k/nd for, or in connection with procuring or carrying out the contract; except as here expressly stated (if any): I further certify that the from I hereby represent is authorized to do business in the State of Washin~on and that the firm is in full compliance ~v/th the requirements of the board of Professional Re_mstration. I acknowledge that this certificate is to be available to the State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal aid funds and is subject to applicable State and Federal laws, both criminal and civil. " Date i Certification of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Bremerton Washington and that the above consulting £n'm or their representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: (a) Employ or retain, or agree to employ or retain, any fnma or person, or (b) Pay or agree to pay to any £n-rn, person or organization, any fee, contribution, donation or consideration of any kind, except as here expressly stated (if any). I acknowledged that this certificate is to be available to the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal aid highway funds and it subject to applicable State and Federal laws, both criminal and civil. Date -'~ (o Signature Exhibit A-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its prmeipals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voltmtarily excluded fi:om covered transactions by any federal depa, talent or agency; (b) Have not within a three-year per/od preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entiw (federal, state, or local) with commission of any of the offenses enumerated in paragraph 1 .b. of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. 2. Where the prospective phmary participant is unable to cernfy to any of the statements in this cernfication. such prospective participant shall attach an explanation to th/s proposal. Consultant (Firm): Parametrix, Inc. (Date) (Signature) Presi0ent or Authorized Official of Cons~tant Exhibit A-3. Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting thi.q bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission oftkis certification is a prereqmsite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code..-Uny person who fails to file the required certification shall be subject to a civil penalty, of not less than $10,000 and not more than $100.000 for each such failure. The prospective participant also agrees by submimng his or her bid or proposal that he or she shall require that the language of this certification be included in all lower her subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): Parametrix, Inc. (Date) (Signature) President or Authoriz~,d Officm~ of (~onsu~tant Exhibit A-4 - Certificate of Current Cost or Pricing Data This is to verify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.801 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.804-2) submitted, either actually or by specific identification in writing, to the conl~actmg officer or to the contracting officer's representative m support of See Exhibit D and Exhibit I * are accurate, complete, and current as of January 25, 2000 **. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rote agreements between the offeror and the Government that are part of the proposal. Firm Parametrix, Inc. Name Diane IC Lemus, P.E., Parametrix, Inc. Title Bremerton Office Manager Date of Execution*** February 3, 2000 * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). ** Insert the day, month, and year when price negotiations were concluded and price agreement was reached. *** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. SCOPE OF WORK SR 304 GROUNDWATER MONITORING SR 304 TRANSPORTATION IMPROVEMENT PROJECT Task 01 Groundwater Monitoring Parametrix will conduct groundwater monitoring at the former Unocal Station located at 403 South Cambrian Avenue, Bremcrton, WA. Thc monitoring would be performed once per year for five years and will include the collection and analysis of groundwater samples, the measurement of groundwater levels and the reporting of findings. At the completion of five monitoring events, Parametrix will prepare a summary report for all monitoring activities performed since 1993 and provide recommendations for modifying or discontinuing monitoring activities. Work Elements · Purging, sampling, and measuring up to 6 monitoring wells on an annual basis. Monitoring and sampling will be performed using methods comparable to those described in the Unocal Monitoring Reports dated from 1994 through 1999. · Submitting groundwater samples from each well and up to two QA/QC samples to a State- certified analytical laboratoD' ~br analysis for BTEX and WTPH-Gx. · Preparing a groundwater monitoring report describing the results of each sampling event. The report will present the findings of data and compare the results to published cleanup standards and previous monitoring results. · Maintaining routine comrnumcation with the City and Department of Ecology regarding the status of on-going monitoring. · At the completion of five monitoring events, Parametrix would evaluate site closure alternatives and, if practical, prepare documentation to support a No Further Action (NTA) determination from the Department of Ecology. Should conditions preclude an NFA determination, Parametrix will provide written documentation regarding remedial action alternatives. Assumptions This work and associated costs are based on the following assumptions: Work would commence in 2000 and would continue for 5 years, ending no later than December 31, 2004. SR-304 Final Destgn o ,/anuatw 31. 2000 Supplemental Agreement No 4 - Laxt Revtstons [vlade - [:ebrttar~v l. 2000 H: !From Bremerton k¥11304NEWlxuplmnt #4 1-2,¥-2000. DOC Monitoring costs, including labor, laboratory services, and other direct costs would increase 5% annually. Site conditions remain consistent with historical monitoring activities and contaminant trends and groundwater gradients do not significantly change. The Department of Ecology serves as the regulatory authority and would not require work beyond that described above. The Department of Ecology issues no enforcement order or decree for additional monitoring or cleanup of the property. Investigation derived waste (e.g., purge water) is disposed of by the City. Cost The cost for this work is $45,250. Project Manager $1,000 (10 hours) Sr. Hydrogeologist $7,600 (80 hours) Jr. Hydrogeologist $22,500 (300 hours) Clerical $1,920 (40 hours) Graphics $2,630 (40 hours) Expenses $9.600 (lab. equipment) SR-304 Final Destgn 3 danua~, 31. 2000 Supplemental ,4greement No. 4 Last Revi.wons Made - Febr~ta~, 1. 2000 H:lFrom Bremerton~SR304NEF~xuplmnt ~4 1-28-2000.DOC 234-1896-36 EXHIBIT C SR 304 GROUNDWATER MONITOR SR304 ko. the SE3 Interchange to the Bremerton Ferry Terminal BUD GE T SUMMA R Y I'ROJECT: SR 304 Final l)esign Porter to Montgomery - Groundwater Monitoring PARAMETRIX INC, Hr. EST. PROJ. NO: 234-1896-036 DATE: 02/02/00 PERSON PROJECT SR JR ADMIN GRAPHICS TOTAL MANAGER IIYDROGEOL HYDROGEOL SUPPORT TOTAL DIRECT DIRECT LABOR RATE $32.41 $3064 $24.19 $15.48 $21.21 HOURS LABOR Goundwater monitoring 10 80 300 40 40 470 $11,500 DIRECT LABOR $11,600 OVERHEAD AT 180% of direct labor $20,700 FIXED FEE at 30% of direct labor $3,480 TOTAL LABOR COST REIMBURSIBLES LAB EXPENSES $9,600 TOTAL REIMBURSABLES $9,600 Constructsupportl-27-00 Pag~ 1 Exhibit C-2 Payment (Cost Plus Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for all work performed or services rendered and for all labor, materials, equipment, and incidentals necessary to complete the work specified in Section n, "Scope of Work." The CONSULTANT shall conform with the applicable portion of 48 CFR 31. A. Actual Costs Payment for all consulting services for this project shall be on the basis of the CONSULTANT's actual cost plus a fixed fee. The actual cost shall include direct salary cost, overhead, and direct nonsalary cost. 1. Direct Salary Costs The direct salary cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the temps of this AGREEMENT. 2. Overhead Costs Overhead costs are those costs other than direct costs which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rate shown in the heading of this AGREEMENT, under "Overhead Progress Payment Rate." Total overhead payment shall be based on the method shown in the heading of the AGREEMENT. The three options are explained as follows: a. Actual Cost Not To Exceed Maximum Percent: If this method is indicated in the heading of this AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT at the actual overhead rate verified by audit up to the maximum percentage shown in the space provided. Final overhead payment when accumulated with all other actual costs shall not exceed the total maximum amount payable shown in the heading of this AGREEMENT. b. Fixed Rate: If this method is indicated in the heading of the AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. A summary, of the CONSULTANT's cost estimate and the overhead computation are attached hereto as Exhibit D-1 and by this reference made part of this AGREEMENT. When an Actual Cost method, or the Actual Cost Not To Exceed method is used, the CONSULTANT (prime and all subconsultants) will submit to the AGENCY within three months after the end of each finn' s fiscal year, an overhead schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. Failure to supply this information by either the prime consultant or any of the subconsultants shall cause the agency to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. The STATE and/or the Federal Government may perform an audit of the CONSULTANT's books and records at any time during regular business hours to determine the actual overhead rate, if they so desire. 3. Direct Nonsalary Costs Direct nonsalary costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of subconsultants. Air or tram travel will only be reimbursed to economy class levels unless otherwise approved by the AGENCY. Automobile mileage for travel will be reimbursed at the current rate approved for AGENCY employees and shall be supported by the date and time of each trip with origin and destination of such trips. Subsistence and lodging expenses will be reimbursed at the same rate as for AGENCY employees. The billing for nonsalary cost, directly identifiable with the Project, shall be an itemized listing of the charges supported by copies of original bills, invoices, expense accounts, and miscellaneous supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be provided to the AGENCY upon request. All of the above charges must be necessary for the services to be provided under this AGREEMENT. 4. Fixed Fee The fixed fee, which represents the CONSULTANT's profit, is shown in the heading of this AGREEMENT under Fixed Fee. This amount does not include any additional fixed fee which could be authorized from the Management Reserve Fund. This fee is based on the scope of work defined in this AGREEMENT and the estimated man-months required to perform the stated scope of work. In the event a supplemental agreement is entered into for additional work by the CONSULTANT, the supplemental agreement may include provisions for the added costs and an appropriate additional tee. The fixed fee will be prorated and paid monthly in proportion to the percentage of work completed bv the CONSULTANT and reported in the monthly progress reports accompanying the invoices. Any portion of the fixed fee earned but not previously paid in the progress pa.vments will be covered m the final payment, subject to the provisions of Section IX, Termination of Agreement. 5. Management Reserve Fund The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator the flexibility of authorizing additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already delYned in this AGREEMENT. Such authorization(s) shall be in w-r/nng and shall not exceed the lesser of $50,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMEN-T. The amount included for the Management Reserve Fund is shown in the heading of this agreement. This fund may be replenished in a subsequent supplemental agreement..4_ny changes requiring additional costs in excess of the "Management Reserve Fund" shall be made in accordance with Section XIV, "Extra Work." 6. Maximum Total Amount Payable The maximum total amount payable, by the AGENCY to the CONSULTANT under this AGREEMENT, shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, which includes the Fixed Fee and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for extra work as stipulated in Section XIV, "Extra Work." B. Monthly Progress Payments The CONSULTANT may submit invoices to the AGENCY for reimbursement of actual costs plus the calculated overhead and fee not more often than once per month during the progress of the work. Such invoices shall be in a format approved by the AGENCY and accompamed by the monthly progress reports required under Section llI, C_mmeml Requirements, of this AGREEMENT. The invoices will be supported by an itemized listing for each item including direct salary, direct nonsalary, and allowable overhead costs to which will be added the prorated Fixed Fee. To provide a means of verifying the invoiced salary costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment Final payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such final payment by the CONSULTANT shall constitute a release of all claims for payment which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said f'mal payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and that at the rime of f'mal audit, all required adjustments will be made and reflected in a final payment. In the event that such thaal audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpa.vment to the AGENCY within ninetv (90) days of notice of the overpayment. Such refund shall not consUtute a waiver by the CONSULTA~'~Y for any claims relating to the validity of a finding by the AGENCY of overpayment. D. Inspection of Cost Records The CONSULTANT and the subconsultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of three years after final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim, or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three-year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. Exhibit D-1 Consultant Fee Determination - Summary Sheet (Lump Sum, Cost Plus Fixed Fee, Cost Per Unit of Work) Project: SR 304 Transportation Improvement Project Groundwater Monitoring Direct Salary Cost (DSC): Classification Man Hours Rats = = Cost Project Manager 10.0 X 32.41 $ 324. t0 Sr. Hydrogeologist 80.0 X 30.64 2,451.20 Jr. Hydrogeologist 300.0 X 24.19 7,257.00 Clerical 40.0 X 15.49 619.60 Graphics 40.0 X 21.21 848.40 X X X X Total DSC = $ 11,500.30 Overhead (OH Cost - including Salary Additives): OH Rate x DSC of 1.80 % x $ 11,500.30 20,700.54 Fixed Fee (FF): FF Rate x DSC of .3 % x $ 11,500.30 3,450.09 Reimbursables: Itemized 9,600.00 Subconsultant Costs (See Exhibit G): Grand Total 45,250.93 Prepared By: David B. Hilderbrant Date: February 2, 2000 PARAMETRIX, INC. OVERHEAE ]'E SCHEDULE ~ Year Ending 12/31/98 DIRECT LABOR $'7,524,831 OVERHEAD EXPENSES TOTAL DISALLDVVED ALLOWABLE Adminis~ative Salaries 4,148,078 1~,(3(~ ' 4,648,076 Training Salaries 105,304 0 1(35,304 Vacation, Sic~ Lea~e, Holidays 1,253,352 a 1,253,352 ManV, efing Salaries 1,023,434 0 1,023,43~ Advertising Salaries/Expenses 12,276 12,276 Marketing Expenses 147,794 (3 147,794 ESOP Trust (Retirement Plan) 1,700,000 0 1,700,000 Paymll Taxes .1,123,421 0 1,123.421 Exmse Taxes 395,7(31 0 395,7(31 Insurance 339,355 0 339,355 Medical Insurance 593,402' (3 593,407 Office Rent 1,358.720 75,000 - 1,283.720 Office Expenses & Supplies 224,980 0 224,980 Printing, Copier/Printer Supplies 313,794 0 313,794 Billed In-House Pdnting -97,887 0 -97,887 TeleDhone 282,558 O 282,558 Billed in-House Telephone .4,403 0 -4,403 Depreciation 533.281 0 533.281 Business Meals 47,370 0 47.370 Auto Expense 83,137 0 83,137 Billed In-House Mileage .50,135 0 -50, 135 Office Travel 83,368 O 83,368 Subscriptions. Library Matedal 35,621 0 35,52", Dues 27,558 0 2.7,558 Donations 17,970 17,97(3 Professiona{ Licenses 10,047 0 10.047 P<~s[age, Couriers. Freight 79,137 0 79.; 37 Training]Education 1,~,4,833 0 14.4,833 Health & Safety Training 7,Q28 0 7.C25 Field EquiomentJSuol31ies 5,757 0 5,757 Lab E=uiomentJSupplies 37,978 · 0 37,978 Sampling EcluipmentJS upplies 8,29g {3 8.29g Health & Safety Eauip/Suppfies 2.201 0 2,201 Survey Equipment/Supplies 8,080 0 B,OBO Boat Equipment/Supplies 26,679 0 26,679 Billed In-House Equipment -95,182 0 -95.182 Office Furniture 31,522 0 31,522. Office EquiDmen~ 43,22.7 0 43.227 Compumr Suopties~Repair 167,333 0 167,333 Billed In-House Computer Charges -77,036 0 -77,036 Recruiting Costs 96,663 0 96,663 Legal & Audit 415.719 300,000 -- 115,719 Teml3orary Labor 84.128 0 64.128 Consulting Services 247,831 0 247,831 Employee Relocations Costs 15,223 0 ~ 5,223 Bad Debts 100,000 100,000 0 Office Moving/Remodeling 13,697 0 13.697 Personal Property Taxes 19,405 0 19,405 Utilities/Building Maintenance 86,308 0 66,306 Benefit P~ans Admin. 71,004 0 71,004 Totals $15,207,929 $805,246 $14,602,583 CALCULATED OVERHEAD RATE 194.07% Exhibit F * Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A £mal payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as thc work completed at thc time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of teaninafion is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A f'mai payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: N(3NF~ Exhibit H (To Be Used Only If Insurance Requirements Are Increased) The professional liability, limit of the CONSULTANT to the AGENCY identified in Section XIII, Legal Relations and Insurance of this A~eement is amended to S N o C ] a i m Li mi t The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $ · Such insurance coverage shall be evidenced by one of the following methods: · Certificate of Insurance. · Self-insurance through an irrevocable Letter of Credk from a qualified financial institution. Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment fi.om the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration CI:HWA) for approval to increase the minimum insurance limit. snail If FHWA approval is obtained, the AGENCY may, ar irs owaa co~ reimburse the CONSULT.&NT for the additional professional liabili~' insurance required. NoTes: Cost of added insurance requirements: S None · Include all costs, fee increase, premiums. · This cost shall not be billed a~ainst an FHWA fundedoroiect. - or a WSDOW · For/'mai conwacts, include this exhibit. * The Consultant agrees to maintain professional hability insurance for the professional services under this contract. The limits of said insurance shall be at least $1,000,000 per Occurrence and $2,000,000 in Aggregate. The insurance shall be maintained to cover the desi~an and construction period of this project and will include a discovery period of three (3) years after substantial completion oft, he construction. EXHIBIT "!" PARA~ETRIX, INC. IN-HOUSE EQUII~IENT USE RATES {Effective January 2000) NOTE: 1. Unless otherwise s~ated, the weekly re~e will be four times (x4) the daily ra;e and the monthly rate will be 3 ~mes (x3) the weekly rare. 2. Rates will be reviewed and ad, us'ted annually effective January 1st of each year. Equipment Item Rate Category Telecommunications Cellular Phone ~lB/fuJl day Pielci In,peck:ion $7.50/half day Long Distance Actual Cost Telecommunications Computers Technical Computer Usage $ lO/hour Computers CADD Computer 815/hour Computers GIS Sunstation $30/hour Computers PHnters and Plotters Tektronix B Y= x 11 - color $1.25/sheet Computers Tektronix 11 x 17 - color $2.00/shee; Computers GIS P~ots 52.00/sq. ~. Computers CADD Full Size Plots - Paper/Vellum 55.00 Computers CADD Full Size Plots - Mylar $12.50 Computers CADD and Graphics Full Size Color Plots 515.00 Com!~u~ers Copying Photocopies 5 .OB/each - SiS or DiS Blue Prints 51/print Faxes 51/page Mileage Employee reimbursed mileage in private car/truck *See Note Betow Mileage Company Field Trucks/Survey Vans $.40/mile Field Inspection Company Sedan Automobiles *See Note Below Mileage Video Camcorder- 8mm 550/day · Mileage rate shall be t,~e current allowable rate as published by the Internal Revenue Service {IRS} at the time the miieage was incurred. Current (January 2000) IRS rate is $,325/mile. Parametrix, /nc. /n-House Equipment Use Rates (Revised January 19, 2000) I ,'su~iec~ ..o ~.nuat adiust~,,nr=i AGENDA BILL -- BREMERTON CITY COUNCIL 1. SUBJECT: SR 304Transportation Improvement FOR AGENDA OF: February, 16, 2000 Project: Construction Support ORIGINATING DEPT: Public Work~ & Litil3 Agreement ORIGINATOR: R. Witt, City Eng DATE SUBMITTED: February 7, 2000 2. CLEARANL>~S: (Comment on back if necessary) 3. EXHIBITS: 1. Consultant Agreement ,DUPer qfql?ublic "qm:g~& ULilities City Treasurer D' irectorx~f Administrativy,~S erv?ces ~ci~l~i~cal & Budget Committee Co~---"'cil (~eratic~ns Committee ENDORSEMENTS] INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR'~ ff ~ CO¢.'NCI[ PRESIDENT ./~...~ d;~'~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION' Qualification of four consultants from the City's consultant roster were reviewed and evaluated for the construction survey staking on the Gateway phase of the SR 304 Transportation Improvement Project. Parametrix was identified as having the demonstrated ability and project knowledge to perform this activity. The consultants' maximum fee for this work is $140,737. The action before the Council is approval of an agreement for professional services with Parametrix.. 8. RECOMMENDATION: The City Council approve the prOfessional services agreement for construction survey staking on the Gateway phase of the SR 304 Project with Parametrix in the amount of $140.737 and authorize the Mayor to execute the same in accordance with City policies and procedures. 9. RESPONSIBLE OFFICIAL: Director Pub Wks & Util ENFORCEMENT OFFICIAL: Director Pub Wks & Util EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION COUNCIL DIRECTIVE: (OVER) 11. AGENDA SILL NO.: (])0 -0~'aq'- 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation 5. IMPACT ON NON-PASSAGE: Negotations would begin to select another consultant to perform this work. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES: Staffing: 32 staffhours for administration of the consultant agreement. Budget: This project is included in the 2000 budget as part of the Arterial Street fund and sufficient funds exists to do this work with the additional funding the City will receive from other funding sources. The City will be receiving fimding from the Federal Highway Administration and the State Transportation Improvement Board. Facilities/Equipment: No impact. 7. RESEARCH SOURCES: q5 Consultant/Address/Telephone Standard Consultant ea me ×, Agreement 5700 Kitsap Way, Suite 202 Bremerton, WA 98312-2234 Agreement Number Federal Aid Number (360) 377-0014 Agreement Type (Choose one) Project Title And Work Description [] Lump Sum SR 304 Construction Support for SR 304 from Lump Sum Amount $ the SR 3 Interchange to the Bremerton Ferry Terminal. [] Cost Plus Fixed Fee Overhead Progress Payment Rate 180 % Overhead Cost Method [] Actual Cost DBE Participation [] Actual Cost Not To Exceed % OYes ¢;;~ No 0 % [] Fixed Rate 30 % WBE Participation Fixed Fee $ 6,690.00 __~--Yes ~ No % [] Specific Rates Of Pay Federal iD Number or Social Security Number 91-0914810 [] Negotiated Hourly Rate !Do you require a 1099 for IRS? i ! -- Yes [] No [] Provisional Hourly Rate I -- [] Cost Per Unit of Work Completion Date /I Maximum Amount Payable ! December 31, 2001 i $ 140,737.00 THIS AGREEMENT, made and entered into this day of between the Local Agency of City. of Bremerton , Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the "CONSULTANT". WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: DOTForm 140-089 EF Page I of 8 Revised 10/97 I All reports, PS&E materials, and other data, furnished GENERAL DESCRIPTION OF WORK to the CONSULTANT by the AGENCY shall be retumed. All designs, drawings, specifications, The work under this AGREEMENT shall consist of documents, and other work products prepared by the the above described work and services as herein CONSULTANT prior to completion or termination of defined and necessary to accomplish the completed this AGREEMENT are instruments of service for this work for this PROJECT. The CONSULTANT shall PROJECT and are property of the AGENCY. Reuse furnish all services, labor and related equipment by the AGENCY or by others acting through or on necessary to conduct and complete the work as behalf of the AGENCY of any such instruments of designated elsewhere in this AGREEMENT. service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the II CONSULTANT. SCOPE OF WORK IV The Scope of Work and project level of effort for this TIME FOR BEGINNING AND COMPLETION project is detailed in Exhibit "B" attached hereto, and The CONSULTANT shall not begin any work under by this reference made a part of this AGREEMENT. the terms of this AGREEMENT until authorized in III writing by the AGENCY. All work under this GENERAL REQUIREMENTS AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under All aspects of coordination of the work of this completion date. AGREEMENT, with outside agencies, groups or individuals shall receive advance approval by the The established completion time shall not be extended AGENCY. Necessary contacts and meetings with because of any delays attributable to the CONSULT- agencies, groups or individuals shall be coordinated ANT, but may be extended by the AGENCY, in the through the AGENCY. event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of The CONSULTANT shall attend coordination, GOD or governmental actions or other conditions progress and presentation meetings with the beyond the control of the CONSULTANT. A prior AGENCY or such Federal, Community, State, City supplemental agreement issued by the AGENCY is or County officials, groups or individuals as may be required to extend the established completion time. requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior V to meetings requiring CONSULTANT participation. PAYMENT The minimum number of hours or days notice - The CONSULTANT shall be paid by the AGENCY required shall be agreed to between the AGENCY for completed work and services rendered under this and the CONSULTANT and shown in Exhibit "B" AGREEMENT as provided in Exhibit "C" attached attached hereto and made part of this AGREEMENT. hereto, and by this reference made part of this The CONSULTANT shall prepare a monthly AGREEMENT. Such payment shall be full compen~ progress report, in a form approved by the AGENCY, sation for work performed or services rendered and that will outline in wdtten and graphical form the for all labor, materials, supplies, equipment, and vadous phases and the order of performance of the incidentals necessary to complete the work work in sufficient detail so that the progress of the specified in Section II, "Scope of Work". The work can easily be evaluated. Goals for Disadvan- CONSULTANT shall conform with all applicable taged Business Enterprises (DBE) and Women po~ons of 48 CFR 31. Owned Business Enterprises (WBE) if required shall be shown in the heading of this AGREEMENT. Page 2 of 8 VI employees of the CONSULTANT only and not of the SUBCONTRACTING AGENCY, and any and all claims that may or might adse under any Workmen's compensation Act on The AGENCY permits subcontracts for those items behalf of said employees or other persons while so of work as shown in Exhibit G to this Agreement. engaged, and any and all claims made by a third party Compensation for this subconsultant work shall be as a consequence of any act or omission on the part of based on the cost fact_ors shown on Exhibit G, at- the CONSULTANT's employees or other persons tached hereto and by this reference made a part of this while so engaged on any of the work or services AGREEMENT. provided to be rendered herein, shall be the sole The work of the subconsultant shall not exceed its obligation and responsibility of the CONSULTANT. maximum amount payable unless a pdor wdtten The CONSULTANT shall not engage, on a full or approval has been issued by the AGENCY. part time basis, or other basis, dudng the pedod of the All reimbursable direct labor, overhead, direct non- contract, any professional or technical personnel who salary costs and fixed fee costs for the subconsultant are, or have been, at any time during the pedod of the shall be substantiated in the same manner as outlined contract, in the employ of the United States Depart- in Section V. All subcontracts exceeding $10,000 in ment of Transportation, the STATE, or the cost shall contain all applicable provisions of this AGENCY, except regularly retired employees, AGREEMENT. without written consent of the public employer of such person. The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT VIII without pdor wdtten permission of the AGENCY. No NONDISCRIMINATION permission for subcontracting shall create, between The CONSULTANT agrees not to discriminate the AGENCY and subcontractor, any contract or any other relationship, against any client, employee or applicant for employ- ment or for services because of race, creed, color, VJJ national origin, marital status, sex, age or handicap EMPLOYMENT except for a bona fide occupational qualification with regard to, but not limited to the following: employ- The CONSULTANT warrants that he/she has not ment upgrading, demotion or transfer, recruitment or employed or retained any company or person, other any recruitment advertising, a layoff or terminations, than a bona fide employee working solely for the rates of pay or other forms of compensation, selection CONSULTANT, to solicit or secure this contract, and for training, rendition of services. The CONSULT- that it has not paid or agreed to pay any company or ANT understands and agrees that if it violates this person, other than a bona fide employee working provision, this AGREEMENT may be terminated by solely for the CONSULTANT, any fee, commission, the AGENCY and further that the CONSULTANT percentage, brokerage fee, gift, or any other consider- shall be barred from performing any services for the ation, contingent upo. n or resulting from the award or AGENCY now or in the future unless a showing is making of this contract. For breach or violation of this made satisfactory to the AGENCY that discfimina- warrant, the AGENCY shall have the dght to annul tory practices have terminated and that recurrence of this AGREEMENT without liability, or in its discre- such action is unlikely. tion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of Dudng the performance of this AGREEMENT, the such fee, commission, percentage, brokerage fee, gift, CONSULTANT, for itself, its assignees and or contingent fee. successors in interest agrees as follows: Any and all employees of the CONSULTANT or A. COMPLIANCE WITH REGULATIONS: The other persons while engaged in the performance of CONSULTANT shall comply with the Regula- any work or services required of the CONSULTANT tions relative to nondiscrimination in the same under this AGREEMENT, shall be considered ~ ~:) manner as in Federal-assisted programs of the Page 3 of 8 Department of Transportation, Title 49, Code of sire possession of another who fails or refuses to Federal Regulations, Part 21, as they may be furnish this information the CONSULTANT shall amended from time to time, (hereinafter referred so certify to the AGENCY, or the United States to as the Regulations), which are herein incorpo- Department of Transportation as appropriate, and rated by reference and made a part of this shall set forth what efforts it has made to obtain AGREEMENT. The consultant shall comply the information. with the Amedcan Disabilities Act of 1992, as E. SANCTIONS FOR NONCOMPLIANCE: In the amended. event of the CONSULTANT's noncompliance B. NONDISCRIMINATION: The CONSULTANT, with the nondiscrimination provisions of this with regard to the work performed by it dudng the AGREEMENT, the AGENCY shall impose AGREEMENT, shall not discriminate on the such sanctions as it or the Federal Highway grounds of race, creed, color, sex, age, marital Administration may determine to be appropriate, status, national origin or handicap except for a including, but not limited to: bona fide occupational qualification in the selec- 1. Withholding of payments to the CONSULT- tion and retention of subconsultants, including ANT under the AGREEMENT until the procurements of materials and leases of equip- CONSULTANT complies, and/or mont. The CONSULTANT shall not participate either directly or indirectly in the discrimination 2. Cancellation, termination or suspension of the prohibited by Section 21.5 of the Regulations, AGREEMENT, in whole or in part. including employment practices when the contract F. INCORPORATION OF PROVISIONS: The covers a program set forth in Appendix II of the Regulations. CONSULTANT shall include the provisions of paragraphs (A) through (G) in every subcontract, C. SOLICITATIONS FOR SUBCONSULTANTS, including procurements of materials and leases of INCLUDING PROCUREMENTS OF MATERI- equipment, unless exempt by the Regulations or ALS AND EQUIPMENT: In all solicitations directives issued pursuant thereto. The CON- either by competitive bidding or negotiation made SULTANT shall take such action with respect to by the CONSULTANT for work to be performed any subconsultant or procurement as the under a subcontract, including procurements of AGENCY or the Federal Highway Administra- materials or leases of equipment, each potential tion may direct as a means of enforcing such subconsultant or supplier shall be notified by the provisions including sanctions for noncompli- CONSULTANT of the CONSULTANT's anco; provided, however, that, in the event a obligations under this AGREEMENT and the CONSULTANT becomes involved in, or is Regulations relative to nondiscrimination on the threatened with, litigation with a subconsultant or grounds of race, creed, color, sex, age, madtal supplier as a result of such direction, the CON- status, national odgin and handicap. ULTANT may request the AGENCY to enter into such litigation to protect the interests of the D. INFORMATION AND REPORTS: The AGENCY, and in addition, the CONSULTANT CONSULTANT shall provide all information may request the United States to enter into such and reports required by the Regulations, or litigation to protect the interests of the United directives issued pursuant thereto, and shall States. permit access to its books, records, accounts, other sources of information, and its facilities as G. UNFAIR EMPLOYMENT PRACTICES: The may be determined by the AGENCY to be CONSULTANT shall comply with RCW pertinent to ascertain compliance with such 49.60.180 and Executive Order number E.O. Regulations or directives. Where any information 77-13 of the Govemor of the State of Washington required of the CONSULTANT is in the exclu- which prohibits unfair employment practices. Page 4 of 8 IX In the event of the death of any member, partner or TERMINATION OF AGREEMENT officer of the CONSULTANT or any of its supervi- sory personnel assigned to the project, or, dissolution The dght is reserved by the AGENCY to terminate of the partnership, termination of the corporation, or this AGREEMENT at any time upon ten days written disaffiliation of the principally involved employee, notice to the CONSULTANT. the surviving members of the CONSULTANT hereby In the event this AGREEMENT is terminated by the agree to complete the work under the terms of this AGENCY other than for default on the part of the AGREEMENT, if requested to do so by the CONSULTANT, a final payment shall be made to the AGENCY. The subsection shall not be a bar to CONSULTANT as shown in Exhibit F for the type of renegotiaflon of the AGREEMENT between the AGREEMENT used. surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. No payment shall be made for any work completed after ten days following receipt by the CONSULT- In the event of the death of any of the parties listed in ANT of the Notice to terminate. If the accumulated the previous paragraph, should the surviving members payment made to the CONSULTANT prior to Notice of the CONSULTANT, with the AGENCY's concur- of Termination exceeds the total amount that would rence, desire to terminate this AGREEMENT, be due computed as set forth herein above, then no payment shall be made as set forth in the second final payment shall be due and the CONSULTANT paragraph of this section. shall immediately reimburse the AGENCY for any excess paid. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any If the services of the CONSULTANT are terminated remedies of any type it may have against the CON- by the AGENCY for default on the part of the CON- SULTANT for any breach of this AGREEMENT by SULTANT, the above formula for payment shall not the CONSULTANT, or for failure of the CONSULT- apply. In such an event, the amount to be paid shall be ANT to perform work required of it by the determined by the AGENCY with consideration AGENCY. Forbearance of any rights under the given to the actual costs incurred by the CONSULT- AGREEMENT will not constitute waiver of entitle- ANT in performing the work to the date of ment to exercise those dghts with respect to any termination, the amount of work originally required future act or omission by the CONSULTANT. which was satisfactorily completed to date of termina- tion, whether that work is in a form or a type which is X CHANGES OF WORK usable to the AGENCY at the time of termination; the cost to the AGENCY of employing another firm The CONSULTANT shall make such changes and to complete the work required and the time which revisions in the complete work of this AGREEMENT maybe required to do so, and other factors which as necessary to correct errors appearing therein, when affect the value to the AGENCY of the work per- required to do so by the AGENCY, without additional formed at the time of termination. Under no compensation thereof. Should the AGENCY find it circumstances shall payment made under this subsec- desirable for its own purposes to have previously tion exceed the amount which would have been made satisfactorily completed work or parts thereof using the formula set forth in the previous paragraph, changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This If it is determined for any reason that the CONSULT- work shall be considered as Extra Work and will be ANT was not in default or that the CONSULTANT's paid for as herein provided under Section XIV. failure to perform is without it or it's employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY in accordance with the provision of this AGREEMENT. Page 5 of 8 Xl that nothing herein shall require a CONSULTANT to DISPUTES indemnify the AGENCY and the STATE against and hold harmless the AGENCY and the STATE from Any dispute concerning questions of fact in connec- claims, demands or suits based solely upon the tion with the work not disposed of by AGREEMENT conduct of the AGENCY and the STATE, their between the CONSULTANT and the AGENCY shall agents, officers and employees and provided further be referred for determination to the Director of Public that if the claims or suits are caused by or result from Works or AGENCY Engineer, whose decision in the the concurrent negligence of (a) the matter shall be final and binding on the parties of this CONSULTANT's agents or employees and (b) the AGREEMENT, provided however, that if an action is AGENCY and the STATE, their agents, officers and brought challenging the Director of Public Works or employees, this indemnity provision with respect to AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. (1) ctaims or suits based upon such negligence, (2) the costs to the AGENCY and the STATE of defending Xll such claims and suits, etc. shall be valid and enforce- VENUE, APPLICABLE LAW AND able only to the extent of the CONSULTANT's PERSONAL JURISDICTION negligence or the negligence of the CONSULTANT's agents or employees. In the event that either party deems it necessary to institute legal action or proceedings to enforce any The CONSULTANT's relation to the AGENCY shall dght or obligation under this AGREEMENT, the be at all times as an independent contractor. parties hereto agree that any such action shall be The CONSULTANT specifically assumes potential initiated in the Superior court of the State of Washing- liability for actions brought by the CONSULTANT's ton, situated in the county the AGENCY is located in. own employees against the AGENCY and, solely for The parties hereto agree that all questions shall be the purpose of this indemnification and defense, the resolved by application of Washington law and that CONSULTANT specifically waives any immunity the parties to such action shall have the right of appeal under the state industrial insurance law, Title 51 from such decisions of the Superior court in accor- RCW. The CONSULTANT recognizes that this dance with the laws of the State of Washington. The waiver was specifically entered into pursuant to the CONSULTANT hereby consents to the personal provisions of RCW 4.24.115 and was the subject of jurisdiction of the Supedor court of the State of mutual negotiation. Washington, situated in the county in which the AGENCY is located in. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of XlII construction contracts, if any, on the project. Subject LEGAL RELATIONS AND INSURANCE to the processing of an acceptable, supplemental The CONSULTANT shall comply with all Federal, agreement, the CONSULTANT shall provide on-call assistance to the AGENCY during contract adminis- State, and local laws and ordinances applicable to the tration. By providing such assistance, the work to be done under this AGREEMENT. This CONSULTANT shall assume no responsibility for: AGREEMENT shall be interpreted and construed in accord with the laws of Washington. proper construction techniques, job site safety, or any construction contractor's failure to perform its work The CONSULTANT shall indemnify and hold the in accordance with the contract documents. AGENCY and the STATE, and their officers and The CONSULTANT shall obtain and keep in force employees harmless from and shall process and dudng the terms of the AGREEMENT, or as other- defend at its own expense all claims, demands, or wise required, the following insurance with suits at law or equity arising in whole or in part from the CONSULTANT's negligence or breach of any of companies or through sources approved by the State Insurance Commissioner pursuant to RCW 48. its obligations under this AGREEMENT; provided Page 6 of 8 XlV Insurance Coverage EXTRA WORK A. Worker's compensation and employer's liability A. The AGENCY may at any time, by wdtten order, insurance as required by the STATE. make changes within the general scope of the AGREEMENT in the services to be performed. B. General commercial liability insurance in an amount not less than a single limit of one million B. If any such change causes an increase or decrease and 00/100 Dollars ($1,000,000.00) for bodily in the estimated cost of, or the time required for, injury, including death and property damage performance of any part of the work under this per occurrence. AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and Excepting the Worker's Compensation insurance and conditions of the AGREEMENT, the AGENCY any professional liability insurance secured by the shall make an equitable adjustment in the CONSULTANT, the AGENCY will be named on all (1) maximum amount payable; (2) delivery or certificates of insurance as an additional insured. The completion schedule, or both; and (3) other CONSULTANT shall fumish the AGENCY with affected terms and shall modify the AGREE- verification of insurance and endorsements required MENT accordingly. by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all C. The CONSULTANT must submit its ~request required insurance policies at any time. for equitable adjustment" (hereafter referred to as claim) under this clause within 30 days from All insurance shall be obtained from an insurance the date of receipt of the wdtten order, However, company authorized to do business in the State of if the AGENCY decides that the facts justif7 it, Washington. The CONSULTANT shall submit a the AGENCY may receive and act upon a claim verification of insurance as outlined above within submitted before final payment of the 14 days of the execution of this AGREEMENT to AGREEMENT. the AGENCY. D. Failure to agree to any adjustment shall be a No cancellation of the foregoing policies shall be dispute under the Disputes clause. However effective without thirty (30) days prior notice to nothing in this clause shall excuse the CON- the AGENCY. SULTANT from proceeding with the The CONSULTANT's professional liability to the AGREEMENT as changed. AGENCY shall be limited to the amount payable E. Notwithstanding the terms and condition of under this AGREEMENT or one million dollars, paragraphs (a) and (b) above, the maximum whichever is the greater unless modified by amount payable for this AGREEMENT, shall Exhibit H. In no case shall the CONSULTANT's not be increased or considered to be increased professional liability to third par~ies be limited in except by specific wdtten supplement to this any way. AGREEMENT. The AGENCY will pay no progress payments XV under Section V until the CONSULTANT has fully ENDORSEMENT OF PLANS complied with this section. This remedy is not exclu- sive; and the AGENCY and the STATE may take The CONSULTANT sha{l place his endorsement on such other action as is available t.o them under other all plans, estimates or any other engineering data provisions of this AGREEMENT, or otherwise in law. furnished by him. too Page 7 of 8 XVl XVlII FEDERAL AND STATE REVIEW COMPLETE AGREEMENT The Federal Highway Administration and the This document and referenced attachments contains Washington State Department of Transportation all covenants, stipulations and provisions agreed upon shall have the dght to participate in the review or by the parties. No agent, or representative of either examination of the work in progress, party has authority to make, and the parties shall not be bound by or be liable for, any statement, represen- XVl! tation, promise or agreement not set forth herein. No CERTIFICATION OF THE CONSULTANT AND THE AGENCY changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and Attached hereto as Exhibit "A-l", are the signed by the parties as an amendment to this Certifications of the Consultant and the Agency, AGREEMENT. Exhibit "A-2' Certification regarding debarment, XlX suspension and other responsibility matters - pdmary EXECUTION AND ACCEPTANCE covered transactions, Exhibit "A-3" Certification regarding the restrictions of the use of Federal funds This AGREEMENT may be simultaneously executed for lobbying, and Exhibit "A-4" Certificate of Current in several counterparts, each of which shall be Cost or Pricing Data. Exhibits "A-3" and "A-4" are deemed to be an odginal having identical legal effect. only required in Agreements over $100,000. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting materials submitted by the CONSULT- ANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. By , By Consultant Diane K. Lenius, P.E., Parametrix, Inc. Agency LYnn S. Horton, Mayor City of Bremerton Page 8 of 8 Consuitant~Address/retephone Supplemental Signature 'arametrix, [nc. Page for 5700 Kitsap Way, Suite 202 Standard Consultant Brcnnerton, WA 98312-2234 Agreement Agreement Number Project Title And Work Description SR 304 Construction Support for SR 304 from Federal Aid Number the SR 3 Interchange to the Bremerton Ferry Terminal. Local Agency City of Bremerton THIS AGREEMENT, made and entered into this day of , , between the Local Agency of City of Bremerton , Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the "CONSULTANT". In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. CONSULTANT LOCAL AGENCY ~ · BV / Consultant Diane K. Lenius, P.E., Paramerrnx, Inc. Agency Lynn S. Horton,,,.~a.yor City. of Bremerton By By ,,/t " ~." Consultant Agency W. Eugene Sampley, Public Works & Utilities By Agency Glenna Malanca, City Attorney By Agency DOT Form 140-089A EF Revised 4/98 { C ~- Exhibit A-1 Certification Of Consultant Project No. Local Agency City of Bremenon I hereby certify that I am the Bremerton Office Manager and duly authorized representative of the firm of Parametrix, Inc. whose address is 5700 Kitsap Way, Suite 202, Bremerton, WA 98312-2234 and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee or other consideration, any fn-rn or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this contract. Co) Agreed, as an express or implied condition for obtammg this contract, to employ or to retain the services of any f'n-tn or person in connection with carrying out the contract. (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution donation or consideration of any kind for, or in connection with procuring or carrying out the contract; except as here expressly stated (if any): I further certify, that the firm I hereby represent is authorized to do business in the State of Washington and that the f'n-m is in full compliance with the requirements of the board of Professional Registration. I acknowledge that this cernficate is to be available to the State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal aid funds and is subject to applicable State and Federal laws, both criminal and civil. Date Signature Certification of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Bremerton Washington and that the above consulting firm or their representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrym. ' g out this contract to: (a) Employ or retain, or agree to employ or retain, any £n'rn or person, or (b) Pay or agree to pay to any firm, person or organization, any fee, contribution, donation or consideration of any kind, except as here expressly stated (if any). I acknowledged that this certificate is to be available to the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal aid highway funds and it subject to applicable State and Federal laws, both criminal and ci'~51. Date [ ~:~ Signature Exhibit A-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph 1.b. of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. 2. Where the prospective primary participant is unable to ceftin' to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm): Parametrix, Inc. (Date) (Signature) Presiclent or Authorized Official of Corlbultant t 04 Exhibit A-3' Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in cormectson with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon wkich reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civ/1 penalty, of not less than S10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): Parametnx, Inc. (Date) (S'gnature) PresiOent or Authorized Official of~Consuitant Exhibit A-4 Certificate of Current Cost or Pricing Data This is to verify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.801 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.804-2) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of See Exhibit D and Exhibit I * are accurate, complete, and current as of January 25, 2000 **. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rote agreements between the offeror and the Government that are part of the proposal. Firm ParameU'ix, Inc. Name Diane K. Lemus, P.E., Parametrm Inc. Title Bremerton Office Manager Date of Execution*** February 3, 2000 * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). ** Insert the day, month, and year when price negotiations were concluded and price agreement was reached. *** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. SCOPE OF WORK SR 304 CONSTRUCTION SUPPORT FOR SR 304 FROM THE SR 3 INTERCHANGE TO THE BREMERTON FERRY TERMINAL PORTER TO MONTGOMERY CONSTRUCTION SURVEY SUPPORT Objective: The objective of this task is to provide construction staking surveys and technical support for the construction phase of the SR 304 project from Porter to Montgomery. Activities: Parametfix, Inc. will provide staking for the installation of utilities and for the construction of the roadway and other facilities, anticipated items of work are described below: · Provide a hub at 1.5 meter offset to bottom, face of curb, including the median. Also provide quarter points, Iow point, a curb ramp location at curb returns. · Provide centerline stakes at 20 meter intervals for SR 304 and side street alignments. · Provide original ground cross sections at 20 meter intervals within the roadway prism prior to commencement of earthwork operations and after the completion of pavement removal. · Provide bluetop hubs for top of subgrade elevations. · Provide cross sections at 20 meter intervals after earthwork is complete within the roadway prism. · Provide reference to f'mished grade of paving at 10 meter intervals along lane lines for areas requiting an overlay. · After f'mished paving, provide paint marks at the edge of pavement at stations critical for channelization. · Parametrix, Inc. will provide straddle reference points at each monument location to aid the Contractor in placing the new monument case, pipe and cover. City of Bremerton l P~V6¥ ti234-I896-036 Scope of Work Janua~ 2000 S UR VE Ysupport · Upon installation of the monument case, cover and pipe, the Engineer will replace the concrete core, brass monument, and tack or wire. · All work related to referencing the existing monuments shall be performed by a Professional Land Surveyor supplied by the Engineer. · Outside the roadway prism, provide cross sections of the berm areas prior to and after grading, and prior to topsoil placement. · Storm sewer catch basins and manholes will be staked for line and grade. Lines connecting storm structures will be staked for line and grade, and cut sheets provided. · Crosswalk locations. · The Survey Crew Chief will attend weekly meetings (40 meetings, estimated at 2 hours per meeting) with the Contractor and City inspector/staff to coordinate surveys. Products: The following survey staking are anticipated: 1) Post demolition roadway excavation measurements to be surveyed prior to excavation. Rough Fade staking at centerline and edges of roadways, all lines ~,dll be done at the same time. 2) Bluetops for subgrade, assume three lines on mainlines and one line for lesser roadways/a/leys. 3) Bluetops for culdesacs or hammerhead street ends. 4) Bluetops for intersections. 5) Staking curbs for 5,000 meters. 6) Staking curbs for line and/or grade in alleys. 7) Staking 44 wheelchair cuts in curbs. 8) Staking 15 driveway approaches. 9) Staking 66 Catch Basin T.vpe 1. 10) Staking 4 Catch Basin Type 2. 11) Staking 2,975 meters of storm pipe. Ci.tv of Bremerton 2 PM~¥ #234-1896-036 Scope of Work Janua~ 2000 SUR VEYsupport 12) Staking two irrigation pipe connections. 13) Staking 781 meters of inSgation main. 14) Staking two fire hydrants to be installed by City workers. 15) Staking 10 traffic signal poles and cantilever sign supports. 16) Staking 24 traffic signal j-boxes. 17) Staking 59 luminair standards. 18) Staking 65 luminair j-boxes. 19) Staking six concrete crosswalks. 20) Staking and setting 15 monuments. 21) Post berm surveys for embankment quantities. 22) Prepare grade sheets. 23) Prepare cut sheets. Assumptions: The following assumptions are applicable to this task: · The work includes time spent in the office bv the Chief Surveyor preparing staking notes, haterpreting plans and providing assistance to the Cit~* in the preparation of changes. · The prime construction Contractor, as outlined in the special provisions for the construction contract, will provide all other staking. · The duration of the construction period, as specified [n the Contract Documents under WORKING DAYS, is assumed to be 300 working days. · The Survey Crew will be required for not more than 100 working days of the construction period. · The duration of construction will not exceed December 31,200 t. · A minimum of three full working days notice to Parametrix, Inc. shall be required for staking requests. · Staking requests shall be for a minimum of one full dav work tbr the Survey Crew. City of Bremerton 3 P. ~LY :i234-1896-036 Scope of Work .]anua~ 2000 SUR~'EYsupport ~ e q 234.1s96.36 EXIHRIT C SR 304 Construction Support SRB04 from the SR3 Interchange to the'Bremerton Ferry Terminal B UDGET SUMMAR Y ,PROJECT: SR 304 Final Design Porter to Montgomery- Construction Support Hrz EST, ! PRO& NO: 234-1896-036 DATE: 02/01/00 PERSON ~ ~N. SUSVE~ SORVE~ 'L) [AL TEC. SU~O.T CR~W c.~ TOTAL DIRECT DIRECT LABOR RATE $22.53 $15.03 S39.89 $26.44 HOURS LABOR Prepare Grade Sheets 60 4 64 $1,458 Post Demo Quantity Survey 8 24 12 44 $1,455 Rougl~ CIL &,Edges 20 80 20 120 $4,171 Bluetops (triple) 80 20 100 $3,720 Cul-de-sac 24 (~ 30 $1,116 Alley Staking 16 6 22 $797 Intersections 32 8 40 $1,488 Major Intersection 16 4 20 $744 Cu~s 5000 m 16 136 34 186 $6,684 Wheelchair Ramps 12 2 14 $532 Ddveways 15 6 21 $757 CB Type 1, 66 each 8 120 12 140 $5,284 CB Type 2, 4 each § 2 10 $372 Pipe 2975 m 8 80 10 98 $3,636 Connections 2 1 3 $106 Imgation Water Supply 4 45 8 80 $2,216 Fire Hydrants I 1 2 $66 Signal Poles 6 2 8 $292 J Boxes 24 each 12 4 16 $584 Ilium Poles 59 each 8 30 6 44 $1,536 J Boxes 65 each 32 6 38 $1,435 Crosswalks 3 1 4 $146 Monuments 8 30 8 ,t6 $1,588 Post Berm Measurements 16 4 20 $744 Weekly Meetings (40) 80 80 $2,115 Administrative Assistance 5 8 $120 D'r:R~CT :r..A~ OR 0 $43,163 O~'E:~I:rl~:A,D AT t80% of direct '[~"~or $77,694 F1':Z:~ F~E a'c. 30% o~¢ cl'trect: 'labor $12,949 Sala~--y. l~sca].at:-lon ~ ~% each A~:[]. (?5% 2000 &25% 2001) $6,690 TOTA~ ~A.BOA COST $140,497 REIMBURSIBLES Sum~e¥ Va~ $0.40 ;M~ Assume 6 mi~es ~e£ day ~o~ ~00 days. S00 $240 Construc~supportl-27-00 ~ ~ ~ Page Exhibit C-2 Payment (Cost Plus Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for all work performed or services rendered and for all labor, mater/als, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work." The CONSULTANT shall conform with the applicable portion of 48 CFR 31. A. Actual Costs Payment for all consulting services for this project shall be on the basis of the CONSULTANT's actual cost plus a fixed fee. The actual cost shall include direct salary cost, overhead, and direct nonsalary cost. 1. Direct Salary Costs The direct salary cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. 2. Overhead Costs Overhead costs are those costs other than direct costs which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rate shown in the heading of this AGREEMENT, under "Overhead Progress Payment Rate." Total overhead payment shall be based on the method shown in the heading of the AGREEMENT. The three options are explained as follows: a. Actual Cost Not To Exceed Maximum Percent: If this method is indicated in the heading of this AGREEMENT, the AGENCY ~agrees to reimburse the CONSUTTANT at the actual overhead rate verified by audit up to the maximum percentage shown in the space provided. Final overhead payment when accumulated with all other actual costs shall not exceed the total maximum amount payable shown in the heading of this AGREEMENT. b. Fixed Rate: If this method is indicated in the heading of the AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. A summary of the CONSULTANT's cost estimate and the overhead computation are attached hereto as Exhibit D- 1 and by this reference made part of this AGREEMENT. When an Actual Cost method, or the Actual Cost Not To Exceed method is used, the CONSULTANT (prime and all subconsultants) will submit to the AGENCY within three months after the end of each firm's fiscal year, an overhead schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. Failure to supply this information by either the prime consultant or any of the subconsultants shall cause the agency to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. The STATE and/or the Federal Government may perform an audit of the CONSULTANT's books and records at any time during regular business hours to determine the actual overhead rate, if they so desire. 3. Direct Nonsalary Costs Direct nonsalary costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of subconsultants. Air or train travel will only be reimbursed to economy class levels unless otherwise approved by the AGENCY. Automobile mileage for travel will be reimbursed at the current rate approved for AGENCY employees and shall be supported by the date and time of each trip with origin and destination of such trips. Subsistence and lodging expenses will be reimbursed at the same rate as for AGENCY employees. The billing for nonsalary cost, directly identifiable with the Project, shall be an itemized listing of the charges supported by copies of ongmal bills, invoices, expense accounts, and miscellaneous supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be provided to the AGENCY upon request. All of the above charges must be necessary for the services to be provided under this AGREEMENT. 4. Fixed Fee The fixed fee, which represents the CONSULTANT's profit, is shown in the heading of this AGREEMENT under Fixed Fee. This amount does not include any additional £zxed fee which could be authorized from the Management Reserve Fund. This fee is based on the scope of work defined in this AGREEMENT and the estimated man-months required to perform the stated scope of work. In the event a supplemental agreement is entered into for additional work by the CONSULTANT, the supplemental agreement may include provisions for the added costs and an appropriate additional fee. The fixed fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the monthly pro~ess reports accompanying the invoices. Any portion of the fixed fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX, Termination of Agreement. 5. Management Reserve Fund The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator the flexibility of authorizing additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in ~vriUng and shall not exceed the lesser of $50,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this agreement. This fund may be replenished in a subsequent supplemental agreement. Any changes requiring additional costs in excess of the "Management Reserve Fund" shall be made in accordance with Section XIV, "Extra Work." 6. Maximum Total Amount Payable The maximum total amount payable, by the AGENCY to the CONSULTANT under this AGREEMENT, shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, which includes the Fixed Fee and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for extra work as stipulated in Section XIV, "Extra Work." B. Monthly Progress Payments The CONSULTANT may submit invoices to thc AGENCY for reimbursement of actual costs plus the calculated overhead and fee not more often than once per month during the progress of the work. Such invoices shall be in a format approved by the AGENCY and accompamed by the monthly progress reports required under Section ITl, General Requirements, of this AGREEMENT. The invoices will be supported by an itemized listing for each item including direct salary, direct nonsalary, and allowable overhead costs to which will be added the prorated Fixed Fee. To provide a means of verifying the invoiced salary costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, and present duties of those employees perforrnmg work on the PROJECT at the time of the interview. C. Final Payment Final payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such f'mal payment by the CONSULTANT shall constitute a release of all claims for payment which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said i'mal payment shall not, however, be a bar to any claims that the AGENCY may have against thc CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and that at the time of f-mai audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within nincw (90) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULT,~'uNT for any claims relating to the validiW of a finding by the AGENCY of overpayment. D. Inspection of Cost Records The CONSULTANT and the subconsultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of three years after £mal payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim, or audit arising out of, in connection with, or related to this contract is initiated before the expiration of ~he three-year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. Exhibit D-I' Consultant Fee Determination - Summary Sheet (Lump Sum, Cost Plus Fixed Fee, Cost Per Unit of Work) Project: SR 304 Construction Support for SR 304 fi~m the SR 3 lmtcrchartge to the Brcmcrton Ferry Direct Salary Cost (DSC): Classification Man Houm Rate = = Cost Design Technician 140.0 X 23.67 $ 3,313.80 Survey Chief 267.0 X 27.77 7,414.59 2-man Crew 823.0 X 41.88 34,467.24 Admm Support 8.0 X 15.78 126.24 X X X X X Total DSC = $ 45,321.87 Overhead (OH Cost - including Salary Additives): OH Rate x DSC of 1.80 % x $ 45,321.87 81,579.37 Fixed Fee (FF): FF Rate x DSC of .3 % x $ 45,321.87 13,596.56 Reimbursables: Itemized 240.00 Subconsultant Costs (See Exhibit G): Grand Total 140,737.80 Prepared By: David B. Hilderbrant Date: February 2, 2000 PAR,AMETRIX, INC. OVERHEAD f'C~TE SCHEDULE Year Ending 17J31198 DIRECT LABOR :57,524.531 OVERHEAD EXPENSES TOTAL DISALLOWED ALLOWABLE Administrative Sataries 4,148,076 100,000 "' 4,048,076 Training Salades 105,304 0 105,304 Vacation, Sick Leave, Holidays 1,253,352 0 1,253,352 Marketing Salades 1,023,434 0 1,023,434 Advertising Salaries/Expenses 12,276 12,276 0 Marketing Expenses 147,794 0 147,794 ESOP Trust (Retirement Plan) 1,700,000 0 1,700.000 Payroll Taxes 1,123,42l 0 1,123.421 Excise Taxes 395,701 0 395,701 Insurance 339,355 0 339,355 Medical Insurance 593,407 0 593.407 Office Rent 1,358,720 75,000" 1,283.720 Office Expenses & Supplies 224,980 0 22.4.980 Printing, Copier/Printer Supplies 313,794 0 313.794 Billed in-House Printing -97,887 0 -97,887 Telephone 282,558 0 282.558 Billed In-House Telept3one -4,403 0 -4,403 Depreciation 533,281 0 533.281 Business Meals 47,370 0 47,370 Auto Expense 83,137 0 83.137 Billed In-House Mileage -50,135 0 -50.135 Office Travel 83,368 0 83.368 Subscriptions, Library Material 35,621 0 35.321 Dues 27,558 0 27,558 Donations 17.970 17,970 Professionai Licenses 10,047 0 10.047 Postage, Courters. Freigr~t 79,137 0 79.137 Training/Education 144r833 O 144.833 Health & Safety Training 7,026 0 7.025 Field Eauipment/Supplies 5.757 O 5.757 Lab Equipment/Su0plies 37,978 .. 0 37 978 Sampling EquipmentJSupplies 8,299 0 8,299 Health & Safety Equip/Supplies 2.201 0 2,201 Survey Equipment/Supplies 8,080 0 8.080 Boat EduipmentYS upplies 25,679 0 26.579 Billed In-House Equipment -95,182 0 -95,182 Office Furniture 31,522 0 31.522 Office Equipment 43,227 0 43.227 Computer Sub,lies/Repair 167,333 0 157~333 Billed In-House Computer Charges -77,036 0 -77r036 Recruiting Costs 96,663 0 96.663 Legal & Audit 415,719 300,000 -- 115.719 Temporary Labor 64,128 0 64.128 Consu{ting Services 247,831 0 247,831 Employee Relocations Costs 15,223 0 15,223 Bad Debts 100,000 100,000 0 Office Moving/Remodeling 13,697 0 13.697 Personal Property Taxes 19/,05 0 I 9,405 Utilities/Building Maintenance 66,306 0 66,306 Benefit Plans Admin. 71,004 0 71.004 Totals $15.207,929 $605,246 $14,602,583 CALCULATED OVERHEAD RATE 194.07% -Estimate Exhibit F Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final p .ayment shall be made to the CONSULTANT which when added to any, payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of temdnation is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any pa.vments previously made, shall total the actual costs plus the same percentage of the freed fee as the work completed at thc time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final pa.vment shall be made to the CONSULTANT for actual hours charged at the Ume of termination of this AGREEMENT plus any direct nonsalarv costs recurred at the time of termination of this AGRJ~EMENT. Cost Per Unit of Work Contracts A fmal pa.vment shall be made to the CONSULTANT for actual units of work completed at thc time of termination of this AGREEMENT. Exhibit H (To Be Used Only If Insurance Requirements Are Increased) The professional liability limk of the CONSULTANT to the AGENCY identified in Section XIII, Legal Relations and Insurance of this Agreement is amended to $ No C1 ai ra Li The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $ · Such insurance coverage shall be evidenced by one of the following methods: · Certificate of Insurance. · Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Self-insurance through documentation of a separate fund established exclusively for the payrnent of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit. shall IfFHWA approval is obtained, the AGENCY m-ay, at its ow~ cost, reimburse the CONSULTA2qT for the additional professional liability, insurance required. Notes: Cost of added insurance requirements: $ None · Include all costs, fee increase, premiums. · This cost shall not be billed a_qainst an FHWA funded~roiect. - or a WSDO'T · For f'mal contracts, include this e.,chibit. * The Consultant agees to maintain professional liability, insurance for the professional services under this contract. The limits of said insurance shall be at least $1,000,000 per Occurrence and $2,000,000 in Aggregate. The insurance shall be maintained to cover the design and construction period of this project and will include a discovery, per/od of three (3) years after substantial completion oft he construction. EXHIBIT "1" PARAMETRIX, INC. IN-HOUSE EQUIPMENT USE RATES (Effective January 2.000) NOTE: 1. Un/ess otherwise stated, the weekly rate will be four times (x4! the daily rate and the monthly rate will be 3 t~'rnes (x3) the weekly rate. 2. Rates will be reviewed and adjusted annually effective January 1st of each year. Equipment Item Rate Category Telecommunications Cellular Phone $15/full day Field inspection $7.50/half day Long Distance Actual Cost Telecommunications Computers Technical Computer Usage $10/hour Computers CADD Computer $15/hour Computers GIS Sunstation $30/hour Computers Printers and Plotters Tektronix 8 ¼ x 11 - color $1.25/sheet Computers Tektronix 11 x 17 - color $2.00/shee[ Computers GIS Plots $2.00/sq. fT. Computers CADD Full Size PloTs - Paper/Vellum $5.00 Computers CADD Full Size Plots - Mylar $12.50 Computers CADD and Graphics Full Size Color Plots $15.00 Computers Copying Photocopies $. 05/each - SiS or DiS Blue Prints $1/print Faxes $1/page Mileage Employee reimbursed mileage in private car/truck *See Note E~elow Mileage Company Field Trucks/Survey Vans $.40/miie Field Inspection Company Sedan Automobiles *See Note Below Mileage Video Camcorder - 8mm $50/day · Mileage rate shall be the current allowable rate as published by the Internal Revenue Service (lES) at the time the mileacje was incurred. Current (January 2000) IRS rate is $.325tmile. Parametr/x, /nc. /n-House Equipment Use Rares IRev/sed January ! 9, 2000) I fsub/ecr to annual ad/ustrnenr$) AGENDA BILL BREMERTON CITY' COUNCIL 1. SUBJECT: Second reading of an FOR AGENDA OF: February 16, 2000 Ordinance establishing May 16, 2000 ORIGINATING DEPT: Parks & Recreation as the date for a special election for a ORIGINATOR: Cris Gears, Director $16.5 million Parks and Recreation Bond DATE SUBMITTED: February 9, 2000 2. CLEARANCES: 3. EXHIBITS: (Comment on back if necessary) Parks & Recreation Director: ~~J/j~/~/, / - Ordinance (with Exhibit A) 4 (o c~'dr City Attorney: ~ J14~//"~-~--~- Site Selection background information Fiscal & Budget Committee: Study Session 12-15-99 Operations Committee: Study Session 12-15-99 ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITFAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: At its meeting on January 26, Council passed (on first reading) an Ordinance establishing May 16, 2000, as the date for a special election to submit a proposal to the City's voters regarding the issuance of $16,500,000 in general obligation bonds for Parks and Recreational facilities improvements. At that time Council directed staffto complete its work with the Mayor's Site Selection Task Force, and to clearly identify a specific location for a new Recreation Center in the proposed ballot lang~_~_aEe. Council also asked staff to provide supplementary background information regarding.devetopmem costs (see artachmem) and election costs (see item 6 ). The Site Selection Task Force completed its work on January 31st and is recommending that the proposed Recreation Center be located on property adjacem to the Admiral Theater, on the southwest comer of Sixth Street and Pacific Avenue. Language reflecting that recommendation has been incorporated into the attached Ordinance. 8. RECOMMENDATION: 3]0. 4~q4 Motion to adopt attached Ordinance on second reading. 9. RESPONSIBLE OFFICIAL: Cris Gears ENFORCEMENT OFFICIAL: Cris Gears EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE: DATE: 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: Failure to adopt the Ordinance would have a sever6mpact on the volume of work accomplished by staff and citizens over the past two years. If Council would prefer to hold a special election for the proposed Parks and Recreation improvements on the November ballot in conjunction with the General (Presidemial) Election, there are cost concerns that should be taken into consideration. (See item 6 - below). IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The Kitsap County Auditor's office has estimated the cost ora single-issue special election for Bremerton's 15,600 voters to be between $30,000 (for the vote-by-mail option) and $35,000 (for the walk-in vote option). Staffis recommending that the election be 100% by mail. If voters approve the bond proposal, election costs would be paid from bond proceeds. If the bond proposal fails, these costs would be paid from City funds as determined by Council. If Council chooses to bring this proposal to the voters in November, the estimated cost of the election would be less than $~ 0,000. However, a fall election would delay the start of construction until early 2002, and resulting construction costs, impacted by inflation, would increase the project budget by $165,000-$495,000 (based on annual CPI adjustmems ranging from 1% to 3%). The estimated budget to construct a new Recreation Center at the location recommended by the Site Selection Task Force (6t~ and Pacific) is just slightly higher than the original budget estimates for the property east of the JC Penney building. Staff anticipates no need to increase the size of the bond as a result of costs associated with the 64 and Pacific location. 7. RESEARCH SOURCES: - Kitsap County Auditor's office - City's Bond Counsel CITY OF BREMERTON, WASHINGTON ORDINANCE NO. AN ORDINANCE of the City of Bremerton, Washington, relating to City parks and recreational facilities; providing for the incurring of indebtedness, issuing of bonds and _levying of excess taxes for the purpose of paying the cost of the purchase of real property, development, construction, and improvement of City park and recreational facilities; declaring the cost of such purchase, development, construction, and improvement as nearly as may be estimated; providing for the borrowing of a total not to exceed $16,500,000; and selling general obligation bonds to pay the cost thereof, such bonds to be payable by annual property tax levies to be made in excess of regular property tax levies; and providing for the submission of the proposition of incurring such indebtedness, issuing such bonds and levying such taxes to the registered voters of the City at a special election to be held therein on May 16, 2000. WHEREAS, the City of Bremerton, Washington (the "City"), is in need of the purchase of real property, development, construction, and improvement of City parks and recreational facilities for the public health, welfare and convenience; and WHEREAS, the City does not have available sufficient funds to meet the estimated cost of such improvements, NOW, THEREFORE, THE CITY OF BREMERTON DOES ORDAIN: Section 1. The City shall acquire real property, develop, construct, and improve City parks and recreational facilities, including a Recreation Center to be located at Sixth Street and Pacific Avenue; and the cost of which, including the cost of issuing and selling the bonds provided for in this ordinance, is declared to be, as nearly as may be estimated, $16,500,000, as set forth in Exhibit A, incorporated herein by this reference. Section 2. The City shall borrow not to exceed $16,500,000 on the credit of the City, and shall issue and sell its general obligation bonds therefor for strictly municipal capital purposes other than the replacement of equipment, to provide the funds for the purposes specified in Section 1 of this ordinance. Costs of engineering, planning, financial, legal and other services lawfully incurred incident to the purposes specified in Section 1 of this ordinance shall be appropriate capital costs to be paid from the proceeds of the bonds provided for by this ordinance. Section 3. The general obligation bonds authorized by this ordinance shall bear interest, and shall mature within twenty years from date of issue, but may mature within a lesser time in such amounts, and shall be sold in such manner, as the City Council shall determine. The life of the improvements to be acquired by the issuance of the bonds is found to be at least twenty years. The bonds shall be paid by annual property tax levies made in excess of regular property tax levies, without limitation as to rate or amount, sufficient in amount to pay the principal of and interest of the bonds when due, and the bonds shall so provide. The date, interest rate or rates, maturities, option of prior redemption, form and covenants of the bonds shall be fixed hereafter by ordinance of the City Council, and the bonds shall be issued and sold when required in one or more series, and may be combined with any other sedes of authorized general obligation bonds. Pending the issuance of the bonds and receipt of proceeds thereof, the City Council may authorize intedm interest-bearing warrants or other short-term obligations to pay for carrying out the purposes of the bonds, and the costs of such warrants or short-term obligations shall be included in the costs of those purposes. Section 4. The City Council shall establish reasonable fees for facility usage to offset anticipated operating costs of the parks and recreational facilities to be acquired, developed, constructed and improved with the proceeds of the bonds provided for by this ordinance. Section 5. The Auditor of Kitsap County, Washington, as ex officio Supervisor of Elections, by subsequent Resolution will be requested to call and conduct a special election to be held in the City on May 16, 2000, for the purpose of submitting to the registered voters of the City for their approval the question of whether or not the City shall borrow an amount not to exceed $16,500,000, issue its general obligation bonds therefor for capital purposes only, other than replacement of equipment, and levy excess taxes necessary to redeem the bonds as herein set forth. Section 6. The City will by subsequent Resolution request the Auditor of Kitsap County, Washington, as ex officio Supervisor of Elections, at least 45 days prior to May 16, 2000, to call a special election to be held on that date, a copy of this ordinance and the proposition to be submitted at that special election in the form of a proposed ballot title as follows: PROPOSITION NO. 1 PARKS AND RECREATIONAL FACILITIES IMPROVEMENT AND DEVELOPMENT BONDS - $16,500,000 Shall the City of Bremerton, Washington, borrow $16,500,000 to acquire real property, develop, construct, and improve City parks and recreational facilities, including a Recreation Center to be located at Sixth Street and Pacific Avenue, by issuing and selling general obligation bonds therefor matudng within twenty years, levy annual excess property taxes necessary to redeem the bonds and establish fees necessary to fund operating expenses of the facilities, all as provided in Ordinance No. ? BONDS AND FEES... YES o BONDS AND FEES... NO o APPROVED by the City Council on second reading this day of ,2000. PASSED by the City Council of the City of Bremerton, signed by the Mayor and attested to by the City Clerk in authentication of such passage this __ day of , 2000. CAROL ARENDS, Council President LYNN HORTON, Mayor ATTEST: KATHLEEN L. McCLUSKEY, Clerk APPROVED AS TO FORM: GLENNA MALANCA City Attorney EXHIBIT A . Parks and Recreational Facilities Improvements New Recreation Center Construct a 60,000 square foot state-of-the-art Recreation Center on the southwest comer of Sixth Street and Pacific Avenue with: complete aerobic and workout facilities; a fully equipped gymnasium; climbing wall; indoor track; indoor year-round water park; meeting rooms; banquet facilities; special areas for tots, youth, teens and seniors; and on-site parking. Funding is to be provided from voter-approved GO bonds. Facility would open in Spring of 2002. Cost: $15,000,000 Sheridan Park Solicit proposals for Sheridan Park from private service providers for operation and maintenance of the facility, with emphasis (if possible) on senior services. If no acceptable proposals are received, market property for private development. Cost: None Senior Center in Manette If an acceptable proposal for Sheridan Park can meet senior programming needs, transfer Manette's programs to Sheridan Park. If no acceptable proposals for Sheridan Park are received. schedule active Senior programs (badminton, pickle-ball. Senior Fair, etc.) at new Recreation Center; make modest improvements to Manette (including additional parking); and transition remaining programs into new Recreation Center over a 10 year period. Cost: $100,000 from bond proceeds and $50.000 fi.om other sources. Jarstad Aquatic Center Continue to work in partnership with YMCA to improve efficiency and cost-effectiveness of operations and maintenance of facility. Complete necessary repairs and upgrades, and continue to provide public access to pool. Cost: $500,000 Pendergast Regional Park Develop multi-purpose athletic fields for youth and adult activities at Pendergast Regional Park with funding provided as part of the voter-approved GO bonds. Cost: $750,000 Park maintenance operations Vacate existing facilities at Sheridan Park; expand and beautify waterfront park property on the south/west side of Lebo Boulevard; move maintenance operations to NAD Park (utilizing the site of the log home for office and storage facilities) or to Stephenson Canyon (adjacent to the existing nursery). Cost: $150,000 TECHNICAL ANALYSIS OF PREFERRED SITES Building Construction 9,500 9,500 9,500 9,500 Infrastructure 100 0 0 0 Pa rkin~l 1,600 640 1,150 610 sub total 11,200 10,140 10,650 10,110 ;Soft costs 2,800 2,535 2,663 2,528 Total $ 14,000 $ 12,675 $ 13,313 $ 12,638 ~Demolition 300 335 585 685 Acquisition 800 2,100 1,350 1,750 ! Grandt°tall $ 15'10015 15'11015 15'24815 15'0,731 NOTES: (1) Soft Costs are an additional 25% for A&E, furnishings, taxes, etc. (2) Demolition/removal costs are based on gross square footage without asbestos or contamination. (3) Acquisition costs are estimates based, in part, on current assessed values. (4) All construction-related costs have been adjusted for inflation and design contingencies. (5) All sites are governed by some regulatory controls. (6) All sites are presumed to have no major environmental concerns. (7) All numbers are in 1,000's BREMERTON RECREATION CENTER Site Evaluation Worksheet Primary Evaluation Criteria 1 ACCESSIBILITY VIA PEDESTRIAN 7 10 13 5 14 13 -41 -4 9 4 2 ACCESSIBILITY VIA AUTOMOBILE 8 2 9 4 7 14 6i 6 12 4 3 ACCESSIBILITY VIA BUS 14 16 13 10 12 15 41 5 12 9 4 ACCESSIBILITY VIA FERRY 4 16 10 5 12 7 -7 -7 10 4 f 5 RELATIONSHIP TO SCHOOLS, O.C., YMCA, ETC 0 -6 5 3 -1 4 2 2 2 -2 6 PHYSICAL SITE CHARACTERISTICS 0 -6 12 4 1 11 3= 5 2 4 7 LOT SIZE 9 7 13 -8 0 86 8 4 7 8 IMPACT ON EXISTING GREEN SPACE 2 -1 -2 -4 -1 4 -2 -2 3 0 9 VISIBILITY (EXTERIOR) -3 7 2 13 0 9 -2 -1 8 0 10 VIEWS FROM THE INTERIOR -11 -3 2i 13 0 12 -7 -6 9 -3 EXPANSION POTENTIAL 6 ~ 9i -9 -6 5 3 5 0 1 12 IMPACTON NEIGHBORHOOD 3 2 8 1 5 9 1 1 9 4 3 IMPACT ON FUTURE TAX REVENUES -2 -2 2 1 0 -1 0 0 8 -1 14 ECONOMIC IMPACT 3 8 7 5 8 6 5 5 10 4 TOTAL 40 44 103 43 51 116 8 17 98i 35 page 1 of 2 2~9~00 1:46 PM BREMERTON RECREATION CENTER Site Evaluation Worksheet AVERAGE Primary Evaluation Criteria I ACCESSIBILITY VtA PEDESTRIAN 0.875 1.1111 1.625 0.625 1.75 1,625 -0,5 -0.5 1,125 0.5 2 ACCESSIBILITY VlAAUTOMOBILE 1.0 0.2 1.1 0.5 0.9 1.8 0,8~ 0,8 1.5 0,5 3 ACCESSIBILITY VIA BUS 1,8 1.8 1.6 1,3 1.5 1.9 0.5 0.6 1.5 1.1 4 ACCESSIBILITY VIA FERRY 0.5 1.8 1,3 0.6 1.5 0.9 -0.9 -0.9 1.3 0.5 5 RELATIONSHIP TO SCHOOLS, O,C,, YMCA, ETC 0,0 -0,7 0.6 0.4 -0.1 0.5 0.3! 0.3 0.3 -0.3 6 PHYSICAL SITE CHARACTERISTICS 0.0 -0.7 1.5 0.5 0.1 1.4 0.4 0.6 0.3 0.5 7 LOTSIZE 1,1 0.8 1~6 -1.0 0.0 1.0 0.81 1,0 0.5 0.9 8 IMPACT ON EXISTING GREEN SPACE 0.3 -0.1 -0.3 -0.5 -0.1 0.5 -0.3 -0.3 0,4 0.0 9 VISIBILITY (EXTERIOR/ -0,4 0.8 0.3 1.6 0.0 1.1 -0,3 -0,1 1,0 0.0 10 VIEWS FROM THE INTERIOR -1.4 -0.3 0,3 1.6 0.0 1,5 -0.9 -0.8 1.1~ -0.4 EXPANSION POTENTIAL 0.8 -0.7 1.1 -1.1 -0.8 0,6 0,4 0,6 0.0: 0.1 12 IMPACTON NEIGHBORHOOD 0.4 0.2 1.0 0.1 0.6 1.1 0.1 0.1 1,1i 0.5 3 IMPACT ON FUTURE TAX REVENUES -0.3 -0.2 0.3 0.1 0.0 -0,1 0,0 0.0 1,0 -0.1 14 ECONOMIC IMPACT 0.4 0.9 0.9 0.6 1.0 0.8 0,6 0.6 1.3 0.5 TOTAL 5.0 4.9 12.9 5.4 6.4 14.5 1.o 2.1 12.3 4.4 page 2 of 2 2/9/00 1:46 PM FROM : BRRDLEY SCOTT INC PHO['~E HO, : 3604?95499 Feb. 14 2000 05: Febm~ 15, 2000 Carol Amnds District ~7 Ci~ Comaeil Member 303 No~ L~hye~e Argue Breme~ WA 98312 De~ Co~cilm~ Aren&: 1 ~ve ~ mage of Do~town Bremeaon that I hope you ~e. I imagine ~ ~b~ village wi~ el~ well-lk s~e~, ~o~ands of people living on the ~ter~nt, in the Highroads ~d west of W~en Avenue ~d mmay pro~croms sm~ shops, resta~B, galle~es ~d ~eat~s serv~g tho~ who live ~d work in ~e ~ea. I im~e Do~mmwn le~ing the way to a new ~d much improved percep~n ofBreme~on. A ~to~ where people ~om t~oughout ~e ~a ~11 come for a~s ~d ente~inment. A Breme~on ~ a ~ow~ag pop~a~on helping to absorb grow~ ~d k~p much of tl~e ~al areas ot~tsap Co~, .ml. A Bremer~n wor~g with ~e Co~ and ~e oth~ Cities to create a diversifi~, prospero~ economy. This is not a cke~, a ~s~, a ho.~; it is ~c oppo~ that is olds for the raking. The decisiom we ~e now dete~inc whe~er ~s will be o~ furze. You ~e aborn m put a l~ge mcrmtion bond issue on ~e ballot. ~c major project from ~is bond would be an Aqmtic Center ha the downm~m ma. I have ~n ~ki~ myself two que~om. D~s ~ Aq~tic Center Urb~ Village? Will the votes suppo~ both a l~ge recreation bond ~d ~e fm~cing ~m may bc necessa~ m ad,ss our f~n~men~l downtown problems? ~ ~g to ~wer ~ese question, I have developed several o~er questions ~at I ho~ you c~ ~s~r for me. The ~we~ m some of these queshom m ~me &om you as political leaders of om communi~ ~d some req~re ~m ~om q~ified outside experts. 1. ~at ~ fl~e ~iofifies for our comm~ffity ~d is an Aqmtic Cen~r at fine top of that list? 2. ~o roll live in ot~ new dox~to~ residential ~e~ yo~g ~uples, ~pty nestem, retires or f~lies ~ chil~m? ~t ~n, ices will they wmt and whm ~11 they not w~t? 3. ~o ~11 fill om effisting ~d new office b~ldings and w~t se~ice~ will ~ey w~t mad not 4. ~at se~ces do ~e primely sidle yo~ men ~d women ~om ot~ v~ impo~t Na~al B~es ~t? Do we want m duplica~ se~ices ~ey alre~y have? 5. ~m ac6vities x~ll encomge people m ~ve or ~e a fe=y to o~ do~ and once ~ey are he~ lo shop in om businesses? Who will visit ~e Aq~6c Center? Will ~ey be primmly f~ilies wi~ roll child~n? Will they shop belbre or ~er a swim? Will ~ents leave thek ~ds md go shoppi~? FROM : BRADLEY SCOTT INC PHONE NO. : 5604795499 FEb. 14 200~ 05:5~PM P24 February 15~ 2000 Page 'l'wo When you put something on a ballot, the voters have the right to assume you have answered these questions and many others. They should be able to assume you axe putting it on the ballot because you recommend ~a~d fully support the issue, i am hoping we have not reached the point where we arc putting items on the ballot to pass the buck to file voters. I would also hope tile City would not put an item on the ballot that did not have a very strong, almost unanimous, consensus on the Cotmcil. As a property owner and a real estate specialist, who has spent years trying to sell dow~tox~t, I would prefer the vote be delayed until thc necessary independent research is completed and the que~ions are answered. Attached is a stunmary of my professional qualifications. I am not the .type o£ expert needed to provide quantifiable answers to the questions raised above, but I am an expe~t on why businesses do not locate downtown. An Aquatic Center will not change the fundamentals. We need to clean up our downtown, address ou~ parkiaxg problems, get ~e caxs off of ou~ waterfxont so it eon be developed and make dosvntown a place people wi. Il want to live and work. Much ofthis eon be done for less than the cos~ of the Aquatic Center. We have come a loaf way in the last few years. The Sinclair Landing, although it was not successful, did help get the Transportation Center built and did show us that a large retail oriented redevelopment will probably not work. It also helped focus a lot of people' s attention on how important Downtown is to Bremerton and Kitsap Country's futttre. The proposed Civic Center and residential complex is a great proposal. There are more small businesses and galleries than at any time in the last 10 years. Because of Navy cutbacks and other events, quality office space is available ~br lease when out image is i.raproved The Admiral Theater is presenting quality entertainment. A new ferry terminal will be opening soon. Aud the Bremerton residentiaI market has greatly improved. A lot of people have worked very hard fbr many years to get us where we are today. They have put us in a position to become a successful urban village. Before we can reach that goal we need to reach out and ira, itc businesses and residents to our village. We can do that by creating a place they will want to come to. A clean.~ freshly painted, well lit community. A place where street parking and some off street parking is reserved for retail and business customers. A place with parking structures large enough, with the assistance of Kitsap Transit park & ride lots, to meet the needs of the shipyard workers? ferry passengers and downtown office and retail workers. You are the key to the future. You need your own image of Downtown. You need to determine what thc priorities are, based on your image. You need to get professional: independent analysis on how to obtain those priorities and how each action impacts the full picture. You need to lead. Best regards, Gary K. Oartin, CC1M FROM : BRADLEY SCOTT I~'~C PHOr.~ i',10. : :36lD4795499 Feb. 14 2ID(DiD lD$:54PM P25 BRADLEY SCOTT, INC. Professional Qualifications GARY K. GARTIN, CCIM CURRENT POSITION: Commercial Sales, l.~aa~ and Management Specialist From October 1986 C~T RESI~ONSlBILITI~: Specialization Within the Commercial Real Estate Market. Primary Activities Include Repro~nration of Clients in Purchase, Sale, Exchange, Leasing and Management of Commercial Real Estate. Washington State Commercial Association of Realtors Commercial Inveanmem Real Estate Institute W~tern Washington Chapter of CCIM Ki~ap Commercial Investment Brokers ~DUCATION: Masters of Art~ International Rela6ons University of Southern California Masters of Arts Political Science Ohio State University Bachelor of Ar~ Political Science Ohio State University C~ified Commercial Investment Member (CCIM) Comm-erc/al Investment Real F~tate lnstimte Chicago, Illinois PAST POsmON: Assistant City Manager City of Carpinteria $775 Carpinteria Avenue Carpinteria, California 93013 PRESENT POSITION: Bradley Scott Commercial Real Estate Sr~c~ 1986 Commercial Specialist Bremerton, Washington COMMUNITY: Past President, Board of Directors - Sinclair Landing Association Past President, Board of Directors - Bz'emerton Food Line AGENDA BILL BREMERTON CITY COUNCIL 1. SUB'CT: FOR AGE~A OF: Ord~ce No. O~G~AT~G DEPT: Leg~A~ Se~ces Repea~g Ord~ce No. 4676 O~G~ATOR: Gle~a Mal~ca ~t~een McCluskey DA~ S~~ED: J~ 19, 2000 2. ,C_~~NCES: (~em on back ~neces~) 3, EXH~ITS: ~t~ee~ ~cCluskey~or of Ad~ Se~ices ~c~ & Budget C~ Operatiom Co~ttee C~ E~ORSE~NT~O~TION [] ~PROVED BY COL~CIL P~SIDENT FOR S~NgTT~: ~YOR 7~ ''~ 1"-"~ C OL~CIL P~SIDENT 4. SUMMARY STATEMENT AND REQUI~MENT FOR COUNCIL ACTION: The Legal ~d A~rative Se~ices Dep~ments ~e recomendNg t~t Co,cH repe~ Ord~ce No. 4676 N irs entffety. TNs ord~ce is modeled ~er the M~teo ord~ce, w~ch w~ dete~ed to ~ ~ unco~tkutional tax by the State Supreme Co~ ~ December of 1999. At the t~e the ord~ce w~ adopted by the City, the Co~cil ~de ir cle~ R w~ aw~e of the ~nd~g Supre~ Co~ action ~d wo~d respond to t~t m~g when ~ed. It is reco~ended t~t the Ci~ Co,cfi renew its options after the Supreme Court roles on 1-695, wNch ~s ~e City's options at tNs t~e. 8. ~COMMENDATION: Record Motion: Motion to ~rove ,h~ ........... pr~pczed~._~.~~-~; ...... rcpc ....... ~ .......... evZ t:, ~.--, r~ ~s Ord~ce No. ~¢ q .~ on 2~d read,g, repea~g Ord~ce No. 4676 ~ its entke~. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIATION DATE: ~VIEW DATE: 10. og ACY O COUNCIL DI~CTIVE: 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: The City would maintain an unconstitutional ordinance that would not be implemented by staff. This situation could create a legal conflict. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: None. 7. RESEARCH SOURCES: Harbour Village Apartmems v City of Mukilteo, State Supreme Court. ORDINANCE NO. '~' ~' c[ ~- AN ORDINANCE repealing Ordinance No. 4676 which amended Chapter 5.03 and created Chapter 5.70 of the Bremerton Municipal Code. THE CITY OF BREMERTON DOES HEREBY ORDAIN: SECTION 1. Repeal. Ordinance No. 4676 amending Chapter 5.03(a), General Provisions for Regulatory Licenses and creating Chapter 5.70, Residential Rental Business is hereby repealed in its entirety. SECTION 2. Effective Date. This ordinance shall take effect ten (10) days from passage and publication. APPROVED by the City Council on the first reading this day of ,2000. PASSED by the City Council of the City of Bremerton this __ day of ,2000. CAROL ARENDS Council President APPROVED this ~ day of ,2000. LYNN S. HORTON Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk ! Glenna,. Malanca - RE: 1-695 Page 1 j' From: Pat Mason <pmasonl~ll~.org>' To: 'Glenna Malanca' <gmalanca@ci.bremerton.wa.us> Date: Wed, Jan 12, 2000 2:27 PM Subject: RE: 1-695 Glenna - In regard to the issue we discussed conceming Initiative 695, I am in ag.~ment with your conclusion that changing a defmitk~ ir~ ~ and occupation fax~o,u"~'~,J~- ~,-;h~.;~,~.k=' a category of businesses that were previously exctude~ constitute a tax irmrease tha~.weuid I hope this opinion is helpful to you. Let me know if we can be of further assistance. Patrick Mason Legal Consultant Odginal Message From: Glenna Malanca [mailto:gmalanca@ci.bremerton.wa.us] Sent: Wednesday, January 12, 2000 1:26 PM To: pmason@mrsc.org Subject: 1.695 Here is a list of statutes, etc. I have compiled under my assignment. Dan Held is working on other chapters of RCW. I will try to reach you by telephone this afternoon. Glenna AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: C,~((~.¢,v,.c.~_ N'e, '~-,6~.(¢. . FOR AGENDA OF: F~bru=ry ~'~. ' 2000 Am~~f BBC 9 24 f','~"~=~-'~ ~ec~ ot,'.~ ) ' ORIGINATING DEPT: Police ORIGINATOR: Rob Forbes, Police Chief DATE SUBMITTED: January 26, 2000 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: ;~ 4'/'~ J¢/2¢/~ .. Amended Ordinance Rob Forbes, Police ChieJ~ G'le~ha Matanca, City Attorney J;iScal 8, Bud~{ ~mmittee Operations'Committee ENDORSEMENT~INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY SlAIEMENI AND REQUIREMENI FOR COUNCIL ACIION: Proposed amendment of BMC @.24 to be modified and revised to reflect necessary changes to the City's needs. These changes additionally add provisions for the imposition of a "Stay Out of Areas of Prostitution" order as a condition of pre-trial release. 8. RECOMMENDATION: ,...., 2..ppr¢_.,'.'C r',k ..... +,-, ~.a,'""' n ~,~ -- - · - ..... · I~.~c.,on tc pass ~,,,,,., .9.24 ¢,~ ,, ,u,~.,~u on second ,~,:,~',g. Motion to pass. and Dublish changes on second reading. © r'~'¢ ff(¢ ~¢¢ 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION 1 PULLED [ ] TABLED [ ] APPROVED [ ] DISAPPROVED [ ] AMENDED [ ] DATE: COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: The City would ultimately have no provision to assist in controlling the ongoing prostitution problem in these areas. 6. IMPACT ON STAFFING~ BUDGETS~ FACJLITIES~ EQUIPMENT OR OTHER RESOURCER: 7. RESEARCH SOURCES: ORDINANCE NO. '~'~ AN ORDINANCE amending BMC 9.24 and adding provisions for the imposition of a "Stay Out of Areas of Prostitution" order as a condition of pre-trial release. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Section 9.24.020 is amended to read as follows: 9.24.020 PROSTITUTION PROHIBITED. (a) It is unlawful for any person to engage in, or agree to engage in, or offer to engage in, sexual conduct with another person in return for any form of compensation "o ..... + (b) For purposes of this chapter "sexual conduct" means sexual intercourse as defined in RCW 9A.44.010(1) or sexual contact as defined in RCW 9A.44.010(2). Section 2. Amendment. Section 9.24.040 is amended to read as follows: 9.24.040 PATRONIZING A PROSTITUTE PROHIBITED. It is unlawful for any person to patronize a prostitute. A person is guilty of patronizing a prostitute if: (a) Pursuant to a prior understanding or agreement he or she pays any form of compensation fee to another person in exchan.qe C~R~eRsa~ for such person or,..,.~ vv,,,~....,~_.,v,,"o~+i,'," for a third person, to engage in sexual conduct with him or her; or (b) He or she pays or agrees to pay any form of compensation a-fee to another person pursuant to an understanding or agreement that, in return therefore, such person will engage in sexual conduct with him or her; or (c) He or she solicits or requests another person to engage in sexual conduct with him or her for any form of compensation a-fee. Section 3. Amendment, Section 9.24.072 is amended to read as follows: 9.24.072 STAY OUT OF AREAS OF PROSTITUTION ORDERS. (a) Stay Out of Areas of Prostitution orders, hereinafter designated as SOAP orders, may be issued by the Bremerton Municipal Court to anyone charged with any offense defined in this chapter as a condition of pre-trial release. (1) Any individual arrested or charqed with any offense defined in this chapter, shall appear for a hearinq before the Bremerton Municipal Court to show cause why a SOAP order should not be issued as a condition of pre-trial release. (2) At the time the individual is arrested or charqed with any offense under this chapter, the individual shall be issued a SOAP.ORD- 1/6/00- RELEASE FROM CUSTODY AFTER ARREST form, to be signed by the individual, acknowledRin.q the followin.q: (i) The date and time of headnq; (ii) The desiqnated areas of the City the individual will be ordered to stay out of by the SOAP order; (iii) The penalties for violatinq a SOAP order; (iv) That if the individual fails to appear at the headnR or fails to show Rood cause why the order shouldn't be entered, the SOAP order will be entered. (3) Any individual charqed with an offense under this chapter shall have the right to a sin,qle one-week continuance of said hearing for Rood-cause shown. (4) If the individual fails to show cause why the SOAP order shouldn't be entered, the SOAP order shall be entered pending trial. (5) If the individual fails to appear at said headnq, the SOAP order shall be entered pendin.q trial. (b) SOAP orders may be issued by the Bremerton Municipal Court to anyone convicted of any offense defined in this chapter. (c) SOAP orders shall may order the person named in the order to stay out of the following described areas of the City designated to be anti-prostitution emphasis areas in order to assure elimination of all prostitution and prostitution- related activity within these areas: (1) The entire area extending from the 100 block to the 900 block of North Callow Avenue, and one block east and west of this area of North Callow Avenue; and (2) The entire area extending from the 800 100 block to the !700 2500 block of 6th Street, and one block north and south of this area of 6th Street; and (3) The entire area extending from the 600 block to the 1100 block of Park Avenue, and one block east and west of this area of Park Avenue including Evergreen Park; and (4) The entire area extending from the 600 300 block to the 1100 block of Warren Avenue, and one block east and west of this area of Warren Avenue. (5) Any other area found by the Judge of the Municipal Court to warrant designation as an anti-prostitution emphasis area when specifically set forth and identified in a court order naming a particular defendant. Section 4. Effective Date. This ordinance shall take effect ten (10) days from passage and publication. APPROVED by the City Council on this first reading this day of ,2000. PASSED by the City Council of the City of Bremerton this day SOAP.ORD- 1/6/00 - 2 of ,2000. CAROL ARENDS Council President APPROVED this day of ,2000. LYNN S. HORTON Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk SOAP.ORD- 1/6/00 - 3 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing FOR AGENDA OF: February 16~ 2000 Resolution # ~'7+ ~o,,_ , regarding recovery of fees for ORIGINATING DEPT.: Fire Dept. the abatement of dangerous conditions on the property. ORIGINATOR: Al Duke located at 241 S. Cambrian Avenue. DATE SUBMITTED: 2. CLEARANCES: (Comm~ent _on back if 3. EXHIBITS: necessary) ~ ~ / / Fire Chief: ~~~'" _ 1. Resolution # ~7% ~ City Clerk: ~~. ~' · /~ ~ 2. Clerk Report City AttorneY/. !//j/f~,'.~~~ 3. Photos Comm. Dev. Dirtt ~ ~ ' ENDORSEMENT ~g~t~TION __ APPROVED BY COUNCIL PRESIDENT FOR SUBMITFAL: MAY O R ~ '~ ~ ~_ C O U NC IL PRESIDENT ~~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: On November 17, 1999, a complaint was received from the Bremerton Police Department that vagrants were inhabiting the abandoned house located at 241 S. Cambrian. Inspections by the Fire Department revealed a house open to vagrants and vandals and full of garbage. An abatement order was mailed to the owners, Gary and Lois Atnip, and posted on the property, requiring that they secure the building against entry by November 24, 1999. The abatement order was mailed by both regular and certified mail. The certified mail copy was returned by the Post Office as "unclaimed' after 3 attempts to deliver it. The owners did not secure the house by the deadline and the work was performed by the Public Works Department on December 13, 1999. The cost of this action, including administrative fees, totaled $1,111.55. Council must now decide if the fees are just and reasonable and how they should be collected. RECOMMENDATION: It is recommended that Council, by Resolution # .~ / . ,~.-~ order that the fees incurred for the abatement of dangerous conditions on the property located at 241 S. Cambrian Avenue be collected as reasonable abatement costs and become a lien against the property. 9. RESPONSIBLE OFFICIAL: Al Duke ENFORCEMENT OFFICIAL: Al Duke EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION D~Ei}~ PULLED ~ TABLED ~ APPROVED DISAPPROVED AMEN COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO.: ~ ~'0dc~ 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: The City would forfeit the costs incurred for this action. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The City's revolving abatement fund would suffer the deficit of not collecting these funds. 7. RESEARCH SOURCES: N/A RESOLUTION// A RESOLUTION reviewing charges for the abatement of dangerous conditions on the property at 241 S. Cambrian Avenue and determining means of collection. WHEREAS, the City of Bremerton incurred costs for securing the unsafe building on the property located at 241 S. Cambrian Avenue; and WHEREAS, the Uniform Code for the Abatement of Dangerous Buildings, as adopted by the Bremerton Municipal Code, allows the City to recoup these costs either by personal judgment against the property owner or as a lien against the property; and WHEREAS, the City Council is charged wkh determining whether the fees are just, and how they should be collected; and has considered the report of charges filed by the Building Official and any protests or objection filed; and WHEREAS. the Building Official of the City of Bremerton recommends the fees be collected as a lien against the property located at 241 S. Cambrian Avenue. nov,', therefore. BE IT RESOLVED, by the City Council of the City of Bremerton: I. That the abatement charges included in the report of the Building Official in the amount of$1.111.55 for the property located at 241 S. Cambrian Avenue, Bremerton. attached hereto, are just and reasonable. 2. That the City of Bremerton will exercise its right to recapture abatement fees by filing a lien against the property. PASSED, by the City Council of the Citv of Bremerton this day of , 20 CAROL ARENDS Council President BREMERTON FIRE DEPARTMENT 817 Pacific Aveau¢ * Brem~ton, WA 98337 * (360) 478-5380 * FAX (360) 478-7257 Memorandum DATE: January 21, 2000 TO: Paula Johnston, Deputy City Clerk FROM: Janet Lunceford, BDS II RE: Public Hearing, 241 S. Cambrian Avenue Paula I have scheduled a public hearing for February 16, 2000 for Council to decide how the fees for boarding up 241 S. Cambrian Avenue should be collected. The fees from Public Works, as shown on the attached interfund transfer, amounted to $292.55. With the addition of the administrative fees, the total cost incurred was $1111.55. Jan-19-O0 03:53P 360 78 5360 P.02 CITY OF BREMERTON INTERFU ND TRANSFER CI-TY DEPARTMENTS ONLY DATE 91/I 9/2000 TRANSFER# 10051 COMPLETE IWctlS FORM IN DUPLICATE AND RETLIRN TO ACCOUNTS PAYABLE Ec oaomicg'Commumty D~velopment TO PWO-STREET DIVISION FROM Abatements "~-I~,E~'E}~-UE DEPAR~t~ZN¥)- '- (EXPENDITURE DE?ARTMENT) DESCRIPTION TOTAL Charges per attached smD' far: December 1999 BLAB LABOR $965.65 EQUIPMENT $1.025.00 MATER]ALS $735.60 SALES 'rAN TOTAL S2,726 25 ACCC UNT AMOUNT ACCOUNT AMOUNT ,Siun Her,') '*,".~ .... ' -'-'" -'~ ,'Sign Here) R, EV-EN'~J E DEPARTMI~NT RVISOR EXPENDI~RE DEPOT NT SUPERVISOR j~n-19--O0 03:54P 36¢ 78 5360 P.03 Billiug Details Oil! 9"7-000 OJ:~6 '48 ~t¥~ CITY OF B~MERTON PW~ST~ET Dt~S[O~ Customer: BLAB ~ono~c/('o~un~' Devei~m~t - A~emenm Date ~ Desertion ~~ O~'~ntme Costs 12/0F99 ~0 ~2~o B~B DCmlish Smtcmrc 17~2&1714 Housm Haul rock out o~ Coten Corcy 2 ~"* t990 [nt'l 5 Yard D~p Track 2.00 ~ $5000 12/0~'99 smn~ ,~933~8 Bo~'de~ 2220 Anderson t Anti, on Cove Haul out mphaR o~4 Coten Corey 5.00 ~ S15575 ~ ~o~ ~rey 3.~ ~ $93.45 ~2~ '90 In~l 10 Yard Dump Track 8.~ ~ $208.00 3o3~ '94 ~410 BACk, HOE 5.~ ~ S 195.00 t~uue~R D~p at Ki~ap Reciamnon & M~s 50.60 yd 5303 60 [2~03/99 s~ 993379 Bo~d~ 2220 And~sun i ~on Cove Haul out ~phalt o52~ Colen ~rcy 1.ffi ~ 53 t. 15 3Cl3 ~2 GMC I-TON P/~ 1.~ ~ $9.00 ~7~2 John Corey 1V 5.00 ~ $155.75 3030 '94 ~410 ~AC~OE 5,~ ~ $195.00 I I~ I~' Edhnd 4.00 ~r $i24.6G 3oo~ 1987 Int'l l 2 yard Drop Track 4.0~ hr $136.~ I~ Jim [ovm~lli 4.0~ 3002 1988 lnt'l 12 yard Damp Track 4.00 ~ g 136.~ o[.m~K~ Dump at KJtmp Recl~muan & Mat~als 52.20 yd 5313.2C 12;13/99 s~:o-~ vu3aa2 Board up 241 S. Cambrl~ e051 Scott Corey ~.00 ~ 53 [. 15 19~4 lira lo~inelli 2,~ ~ ~62.30 3o2a '93 GMC l-TON DUMP ~.~ hr ~0~2 '92 GMC 1-TON PtL' '..~ ~ ~9.00 ~14* Je~' Edland 2.~ ~ 562.36 CVXl,2 Kitsap Lmber CDX 1.2" 7t>~'ovd 10.~, ea 5118.80 S2,726.25 Work Order History 0]/]0/2000 [0.'54:48 AM CITY OF BREMERTON PWO-STREET DIVISION Work Order #: SD990049 Title: BLAB Demolish Structure t712&1714 Hou Status: S Labor Hours Estimate: 0 Project #: N4014280 Ancillary Operations Materials Estimate: $0 Customer: BLAB Economic/Commumty Develop Abatements Equipment Estimate: $0 Work Type: AO ANCILLARY OPERATIONS Date Entered: 08/17/1999 12:00:00 AM Supervisor: 0061 Riley Thompson Date Updated: 01/07/2000 03:51:30 PM Lead Employee: 0524 Colen Corey Date Targeted: 02/06/2000 Priority: I Date Assigned: 08/17/1999 Location ID: 1 Unspecified Location Date Started: 08/17/1999 History #: l Unspecified Equipment Date Finished: 12/01/1999 Work Description Remove the structure at 1712 & 1714 Houston. Utilities have been contacted(Water, Sanitary,Gas, & Power)Remove all foundations and concrete, Excavator will be rented for the job. z~m~ ~mso BLAB Demolish Structure 1712&1714 Honstn Haul rock out No BLAB 0524 Colen Corey 2.00 hr $62.30 0051 Scott Corey 2.00 hr $62.30 3067 1990 Iafl 5 Yard Dump Track 2.00 hr $50.00 3039 '94 JD410 BACKHOE 2.00 hr $78.00 4.00 hr 0.00 hr $252.60 SUMMARY FOR WORKORDER: SD990049 Labor: $124.60 Total Regular Labor Hours: 4.00 Benefits: $0.00 Total Overtime Labor Hours: 0.00 Equipment: $128.00 Total Labor Hours: 4.00 Materials: $0.00 Total Regular Equipment Hours: 4.00 Sales Tax: $0.00 Total Overtime Equipment Hours: 0.00 Total: $252.60 Total Equipment Hours: 4.00 Work Order History 01/10/2000 10:57:42 AM CITY OF BREMERTON PWO-STREET DIVISr~DN Work Order #: SD990054 Title: Board/demo 2220 Anderson / Anderson Cov Stares: S Labor Hours Estimate: 0 Project #: N4014280 Ancillary Operations Materials Estimate: $0 C~tomer: BLAB Economic/Cotnmunity Develop Abatements Equipment Estimate: $0 Work Type: At ANCILLARY OPERATIONS Date Entered: 09/03/1999 12:00:00 AM Supervisor: 0061 Riley Thompson Date Updated: 01/07/2000 03:51:30 PM Lead Employee: 0524 Colen Corey Date Targeted: 02/06/2000 Priority: 1 Date Assigned: 09/03/1999 Location ID: 1 Unspecified Location Date Started: 09/02/1999 History #: 1 Unspecified Equipment Date Finished: 12/03/1999 Work Description Board up building at 220 Anderson ( old Rec Build) in the Anderson Cove area, Debbie Peveler Steward from Planng is working on turning this into a park, possible demo site for later date KCB performed asbestos survey 9/2/99 ~ N~t42~ Board/demo 2220 Anderson / Anderson Cove Haul out asphalt 993358 No BLAB 0524 Colon Corey 5.00 hr $155.75 0051 Scott Corey 3.00 hr $93.45 0025 '90 Infl 10 Yard Dump Truck 8.00 hr $208.00 3039 '94 JD410 BACKHOE 5.00 hr $195.00 DLrMPKR Dump at Kitsap Reclamation & Materials 50.60 yd $303.60 ~2ma~ N4~42so Board/demo 2220 Anderson / Anderson Cove Haul out asphalt 993379 No ~LAB 0524 Colon Corey 1.00 hr $31.15 3013 '92 GMC 1-TON P/U 1.00 hr $9.00 1712 John Corey IV 5.00 hr $155.75 3039 '94 JD410 BACKHOE 5.00 hr $195.00 1147 Jerry Edland 4.00 hr $124.60 3091 1987 Int'l 12 yard Dump Truck 4.00 hr $136.00 1904 Jim Iovinelli 4.00 hr $124.60 3092 1988 Int'l 12 yard Dump Truck 4.00 hr $136.00 DUMPKR Dump at Kitsap Reclamation & Materials 52.20 yd $313.20 22.00 hr 0.00 hr $2,181.10 SUMMARY FOR WORKORDER: SD990054 Labor: $685.30 Total Regular Labor Hours: 22.00 Benefits: $0,00 Total Overtime Labor Hours: 0.00 Equipment: $879.00 Total Labor Hours: 22.00 Materials: $616.80 Total Regular Equipment Hours: 27.00 Sales Tax: $0.00 Total Overtime Equipment Hours: 0.00 Total: $2,181.10 Total Equipment Hours: 27.00 Jan-19-O0 03:54P -- 360_78 5360 P.04 Work Order History O.t,'l~/..'2000 03.-26:13 PM C2TY OF BRE~R'I'ON PWO-STREET DIVISION Work Order#: SD990073 Title: Board up 241 S. Cambrian Status: S L~bor [-Ioom Estimate: 0 Project ~ N4014280 An¢illaO, Operations Materials Estimate: $0 Customer:, BLAB EconomicdCommunity D~'¢lop Abmc'ments Equipment ~-~timate: Work Type: AO ANCILLARY OPERATIONS Date Entered: 12/13/1999 12:00:00 AM Supervisor:. 0061 Riley. Thompson Date Updated: 01119120001)3:22:06 PM Lead £mployee: 0524 Colen Cores.' Date Targeted: 02/10/2000 Priority: I DIte A~igned: 12/13/1999 Location i~: I UnspeciJied Location Date Stirred: !2/13/!999 History #: I Unspecified Equipment Dale Finished: 12/13/1999 Work Description l~ard up 241 N. Cambriau a~ per r~luezl of Janet Luncet'ord ~t~ ~4o.~o Board up 241 S. Cambrian 0051 Scott Core3, 1.00 hr $31.15 1904 lira Iovine[li 2.00 hr $62.30 3024 '93 GMC k-TON DUMP 1.00 hr $9.00 3013 '92 GMC I-TON P/U 1.00 hx $9.01) 1147 Jerry Edland 2.00 hr $62.30 CDX I/2 Kitsap Lumber CDX !/2" piv~od 10.00 ea $118.80 5.00 hr 0.130 lit $292.55 SUMMARY FOR WORKORDER: SD990073 Labor:. $155.75 Tolal Regular Labor Houm: 5 00 Benefits: $13.00 Tolal Overtime Labor Hour~: Equipment: $1§.£~3 Total Labor ltours: Materials: $118.81) Total Rch,mlar Equipment Hours: Sales Tax: $0.~0 Total O,,ertime Equipment Hours: 0.00 Total: $292.55 lotal Equipment Hours: 2.00 Page AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: PUBLIC HEARING FOR AGENDA OF: February 16, 2000 Surplus of Properties around the ORIGINATING DEPT: Public Works & Utilities Wastewater Treatment Plant ORIGINATOR: P. Lucas, Admin Analyst/~// DATE SUBMITTED: January 25, 2000 /a' 2. CLEARANCES Director PW&U ~(~, .f /)q/~ , · (1) Map Showing Area/Properties City Treasurer ~ Purchasing Manager Fiscal & Budget Comm. _)~~/ t ENDORSEMENT /xc INFORMATION __ APPROVED BY COUNCIL PRESIDENT FOR SUBMITFAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: In June of 1997, the City Council approved the surplus for sale of properties around the Wastewater Treatment Plant that had been purchased as part of the odor mitigation efforts. Five properties were excluded at that time and now are determined to be surplus to the City's needs. City Council action is requested to authorize the sale of these properties. The properties affected are idemified in Extu'bk (1) and specifically identified by tax ID number and address in Exhibit (2). The public notice that will be sero, should council approve this action, is provided at Exl'u'bit (3). BMC Chapter 2. Section 78 dictates policy and steps to be taken to sell property owned by the City. 8. RECOMMENDATION: That the City Council approve the surplus of the properties shown in Exhibits (1) and (2). 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: DATE: ~ 4~ 2. CI,EARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The City will retain ownership of these properties and will be required to expend money commuously to keep these rental properties in good repair. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES~ EQUIPMENT OR OTHER RESOURCES: None. 7. RESEARCH SOURCES: BMC Chapter 2, Section 78 { ~970~ 22_~.ab} EXHIBIT (2) - LISTING OF PROPERTIES 903 Oyster Bay Avenue 4546-005-007-0005 911 Oyster Bay Avenue 4546-005-005-0007 Lot N/Adj 1201 Oyster Bay Avenue 4546-003-4}09-0008 1201/1203 Oyster Bay Avenue 4546-003-007-0000 1205 Oyster Bay Avenue 4546-003-006-0001 NOTICE OF PUBLIC HEARING PROPERTY SURPLUS The City of Bremerton will hold a Public Hearing at 6:00 PM, Wednesday, February 16, 2000 in the City Council Chambers, 239 Fourth Street, Bremerton, Washington, 98337, to consider the surplusing of property on Oyster Bay Avenue, North of the City's Wastewater Treatment Plant Property addresses and a map illustrating the area are available at the Public Works and Utilities Administration Office, 3027 Olympus Drive, Bremerton, WA. The City Council will be asked to surplus aH property identified for sale and/or demolition. Questions may be directed to the Project Manager, Paul Lucas, at 478-2328. Publication Date: February 2, 2000 Number of Insertions: 1 Number of Affidavits Req: 2