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HomeMy WebLinkAbout02/19/03 AGENDAFILE 239 4th Street · Bremerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251 5. 6. 7. 8. 10. CITY COUNCIL MEETING AGENDA FEBRI~Y 19, 2003 PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in Council Conference Room A. General Council Business CALL TO ORDER: 5:30 P.M. in Council Chambers A. Pledge of Allegiance B. Invocation CONSENT AGENDA A. Minutes of Meeting - February 12, 2003 (#AB03-022) CLAIMS/CHECK REGISTERS COUNCIL MEMBER REPORTS MAYOR'S REPORT PUBLIC RECOGNITION - Comments limited to 3-minutes NEW BUSINESS A. Interlocal Agreement with the City of Tacoma to Pumhase (with Bond Levy Funds) a Angus Fire Hose from SEAWESTERN FIRE FIGHTING EQUIPMENT (#AB03-023) B. Intedocal Agreement with King County Fire Distdct #44 to Purchase (with Bond Levy Funds) Elkhart Fire Nozzles from SEAWESTERN FIRE FIGHTING EQUIPMENT (#AB03- 024) C. Sole Source Purchase (with Bond Levy Funds) a MSA Self Contained Breathing Apparatus & Miscellaneous Equipment from SEAWESTERN FIRE FIGHTING EQUIPMENT (#AB03-025) D. Professional Services Agreement with KPFF. CONSULTING ENGINEERS for Downtown Pedestrian/BTC Access Improvements (#AB03-026) PUBLIC HEARINGS - ORDINANCES & RESOULTIONS A. Ordinance No, 4848 [Second Reading] re-codifying and amending Chapter 5.50 as Chapter 18,06 of the Bremerton Municipal Code (BMC) entitled "AMBULANCE SERVICES" (#AB03-020) ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING E-maik citycouncil@ci.bremerton.wa.us · Web: www. ci.bremerton.wa.us AGENDA BILL BREMERTON CITY COUNCIL 1. MINUTES OF MEETING- FEBRUARY 12, 2003 FOR AGENBA OF: FEBRUARY 19, 2003 ORIGINATING DEPT: CITY COUNCIL ORIGINATOR: CAROL ARENDS, PRESIDENT DATE SUBMITTED: FEBRUARY 14, 2003 2. ~: (Comment on back if necessary) 3. EXHIBITS: ENDORSEMENT [] MAYOR: INFORMATION [] APPROVED FOR SUBMITTAL BY CO~. CIL PRESIDENT: 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: 5. RECOMMENDATION: 7. NOTICE OF ACTIOn: PULLED [] TABLED [] APPROVED [] COUNCIL DIRECTIVE: 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: DISAPPROVED [] AMENDED [] DATE: 8. AGENDA BILL NO.: .3), o3-oz'z_ 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING. BUDGETS. FACILITIES. EOUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: TAPE ¢1877 CITY COUNCIL MEETING MINUTES February 12, 2003 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, February 12, 2003, at 5:30 P.M., with Acting Council President Mike Short presiding. Council members present were Will Maupin, Eric Younger, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne Olsen. Council President Carol Arends and Council member Mike Shepherd were absent. Aisc present were City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Council Member Daren N¥,qren. Acting President Short made the following announcements: 1. A Pre-Council session was held in the Council Conference Room to discuss updates to the meeting Agenda; 2. An item was added to the Consent Agenda; and 3. A 15-minute Executive Session will be held immediately following the meeting tonight to discuss "POTENTIAL LITIGATION" per RCW 42.30.110(1 )(i). CONSENT AGENDA A. Minutes of Meeting - January 29, 2003 (¢AB03-015) B. Surplus of two 5-yard Dump Trucks (¢AB03-016) C. Approval of Pay Band Step for initial hire of Assistant City Attorney (¢AB03-021) ¢0055 M/S/C/U (McConnell/Olsen) Move 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. ¢0085 M/S/C/U (Younger/McConnell) On February 12, 2003 the Council approved payment for Check Numbem 278243 through 278628 in the amount of $1,704,525.62; Retiree Payroll in the amount of $144,629.04 for the pay-period ending January 31, 2003; and Regular Payroll in the amount of $1,115,487.41 for the pay-period ending January 3t, 2003. COUNCIL MEMBER REPORTS Will Maupin provided reports on several meetings he attended this past week, including the meeting with the Kitsap Regional Coordinating Council, and meetings with the Kitsap Board of Health and the Kitsap Transit Board. Eric Younqer appreciated a recent opportunity to visit with Legislators in Olympia to discuss various local issues, including the importance of the ferry service to Bremerton. Ed Rollman reported on the Parking Committee meeting he attended on Monday; voiced his encouragement for bringing small businesses, particularly an ice cream parlor to Bremerton, and expressed his support for keeping a branch of the library downtown. Daren Ny.qren discussed the luncheon held at and hosted by the YMCA on Monday, where the Mayor provided an update on the progress of the Bremerton Ice Arena. He also announced the TAPE #1877 City Council Reg. Mtg. Minutes February 12, 2003 Page 2 of 4 next District 3 meeting would be held on Saturday, February 22 from 10:00 to 11:00 A.M. at the Manette Senior Center to discuss updates on "EASTPARK' and "THE MANETTE PLAN". Cecil McConnell announced the next District 1 & 2 Town Meeting would be held on Thursday, February 20 beginning at 6:30 P.M. at the Sheridan Park Recreation Center. City staffwould be available to discuss "Local Concerns about Traffic Control". Mike Short also attended several meetings this past week, including a meeting with the Kitsap Regional Coordinating Council (KRCC), the Peninsula Regional Transportation Planning Organization (PRTPO), and the Public Facilities District (PFD) meeting on Monday. MAYOR'S REPORT · Mayor Bozeman provided a briefing on several lawsuits recently dismissed or settled favorably with the City; · Discussed an update on the progress for the expansion of the Bremerton Marina; · Indicated that he will be attending a hearing of the House Budget Committee in Olympia regarding the City's request for $5.2 million in funding for development of Maritime Park, the remodeling of Building 50 for the Naval Museum, and the Conference Center Plaza Area; · Announced "Bremerton Night" with the Legislators in Olympia on Thursday, February 27; · Met with the YMCA Board to discuss ideas for creating more after-school programs; · Completed "2003 Performance Evaluations" for all Department Heads; and · Reported on his attendance at the Public Facilities District (PFD) meeting on Monday. Lastly, he welcomed Correne Hall and Alan Hurt, the Co-chairs for the Kitsap County Square Dance Club, who were in attendance to promote dancing. They extended an invitation to the 52nd Annual 2003 Washington State Square & Folk Dance Festival scheduled at the Kitsap County Fairgrounds on June 20 and 21, and presented the Mayor a framed picture of their logo for placement in City Hall. PUBLIC RECOGNITION Gordy Byrd announced that today was his 47th birthday. Allen Shute would still like to see a citizen appointed to the Parking Committee; and commented that the City's web page needs improvement, 8A - EXTENSION OF CONTRACT WITH JOHNSTON & CULBERSON, INC. FOR WORKERS' COMPENSATION CLAIMS ADMINISTRATION (#AB03-017): Pec~v Lesser. Risk Manager, explained that JOHNSTON & CULBERSON, INC. has been providing workers' compensation claims administration services to Bremerton since 1996. The firm's service has been more than adequate, and they would like to extend the contract for two additional years. The annual service fee for 2003 would remain at the 2002 price of $16,100. The 2004 fee would increase by approximately 4% to $16,800 per year. There were no comments from the public. Mr. McConnell questioned how many claims exceeding 50 were received by the City. Ms. Lesser responded that the City has done very well reducing losses, and over the last two years, has not exceeded 50 claims. #1010 M/S/C/U (Younger/Olsen) Move to approve the proposed two-year contract extension with JOHNSTON & CULBERSON, INC. and to authorize the Mayor to execute the same. TAPE #1877 City Council Reg. Mtg. Minutes February 12, 2003 Page 3 of 4 8B - PROFESSIONAL SERVICES AGREEMENT FOR INSURANCE BROKER SERVICES WITH WILLIS OF SEATTLE, INC. (#AB03-018): Peqqy Lesser, Risk Manager, stated that requests for proposals were solicited to provide insurance broker services to the City for three years. Responsive bids were received from WILLIS OF SEATTLE, INC. for $25,000 per year, and from BROWN & BROWN for $30,000 for the first year and $27,000 per year for the second and third years. Both firms were interviewed and found to be well-qualified. Staff recommends that Bremerton enter into a three-year contract with the lowest cost provider, WILLIS OF SEA~rLE, INC. at a cost of $25,000 per year. There were no comments from the public. #1115 M/S/C/U (Nygren/Maupin) Move to approve the proposed three-year contract with WILLIS OF SEATTLE, INC. for the provision of insurance broker services, and to authorize the Mayor to execute the contract in substantially the same form as the proposed contract. 8C - PROPOSAL TO PURCHASE (WITH BOND LEVY FUNDS) FOUR 12-LEAD EKG MACHINES AND THREE AUTOMATED EXTERNAL DEFIBRILLATORS FROM MEDRONICslPHYSlO CONTROl (#AB03-019): Fire Chief Al Duke emphasized that these units would replace the Fire Department's EKG machines on the medic units and AED units on the Engines that need replacement due to age, county protocol changes, and new technology. The funds would come from the bond levy monies. It is the position of the Kitsap County Medical Program Director, Doctor Steven Hillman that all ALS (Paramedic Units) in Kitsap County should be purchased from MEDTRONICS/PHYSlO CONTROL for uniformity and training needs. With the requirement of the Medical Program Director, we recommend a sole source purchase. There were no comments from the public. #1240 M/S/C/U (McConnell/Olsen) Move to authorize the Mayor to sign and enter into a contract proposal with MEDTRONICS/PHYSlO CONTROL to purchase the 12 lead EKG and AED units. 9A- PUBLIC HEARING AND ORDINANCE NO. 4847 [SECOND READING] VACATING A PORTION OF 2ND STREET, EAST OF WASHINGTON AVENUE [#AB03-0'I4): The first reading of this ordinance was heard on January 29, 2003. Michael Mecham, City Engineer, was available to answer any questions. There were no comments from the public. #1281 M/S/C/U (Rollman/Maupin) Move to pass Ordinance No. 4847 on second reading. 9B - PUBLIC HEARING AND ORDINANCE [FIRST READING] RE-CODIFYING AND AMENDING CHAPTER 5.50 AS CHAPTER 18.06 OF THE BREMERTON MUNICIPAL CODE ENTITLED "AMBULANCE SERVICES"(#AB03-020): Fire Chief Al Duke said that the proposed ordinance would re-codify Chapter 5.50 of the Bremerton Municipal Code as Chapter 18.06, and update the previsions relating to licensing of ambulance services, filing and approval of ambulance rates, and enforcement of violations of the chapter. There were no comments from the public. #1430 M/S/C/U (YoungedOIsen) Move to approve the proposed ordinance on first reading. TAPE #1877 City Council Reg. Mtg. Minutes February 12, 2003 Page 4 of 4 At the conclusion of the regular business meeting, the Council reconvened in the Council Conference Room for a 15-minute Executive Session to discuss "POTENTIAL LITIGATION" per RCW 42.30.110(1)(i). With no further business, the meeting was adjourned at 6:35 P.M. Prepared and Submitted by: Attest: LORI SMITH Legislative Assistant PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton CA/PJ/Is/cge c: Normal Distribution; File AGENDA BILL BREMERTON CITY COUNCIL The purchase of Fi'e Hose from SeaWestern through the use of a Interbcal Agreement with the City of Tacoma FOR AGENDA OF: 2/19/2003 ORIGINATING DEPT: Fire ORIGINATOR: Al Duke, Fire Chief DATE SUBMITTED: 2/11/2003 ~ Commit, of back i~ necessary) Budget & Fiscal Operations City Attorney ENDORSE~TiON MAYOR ~ ~/( J - ~ 3. EXHIBITS: Contract Proposal Interlocal Agreement Safety Committee ~ Public 4. SUMMARYSTATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Attached is a contract proposal to purchase a the Angus fire hose for the new fi'e engines. The city has received an excellent price through an Interlocal Cooperative Agreement with the City of Tacoma. That the Bremerton City Council authorize the purchase of the Angus fire hose from the SeaWestern proposal. 9. RESPONSIBLE OFFICIAL: Al Duke, Fire Chief ENFORCEMENT OFFICIAL: Al Duke, Fire Chief EXPIRATION DATE: REVIEW DATE: PULLED ~CTIVE: TABLED APPROVED 10, NOTICE OF ACTION ~l~ j~ DISAPPROVED AMENDED o 3- 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: This purchase was priced with Tacoma Fire and the City of Bremerton has received a huge price reduction. If we were to go out to bi~ at a later date by ourselves, the price would be at a higher price. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES: The revenue for the purchase of the fre hose will come out of the pubic safety bond - enghe category. 7. RESEARCH SOURCES: 0!/08/03 WED 12:54 FAX 253 502 8255 TPU PURCHASING ~002 INTERLOCAL JOINT PURCHASING AGREEMENT THIS AGREEMENT is between the CITY OF TACOMA, a political subdivision of the Slate of Washington, and City of Bremer[on, WA, a political subdivision of the SPate of Washington under the laws of the State of Washington. WITNESSETH: WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provided for intertocal c.~operatlon between govemrnental agencies; and WHEREAS, Cha~ter 39.33 of the Revised Code of Washington provides for intergovernmental disposition of property; and WHEREAS, the par~es desire to utilize each other's procurement agreements when it is in their mutual interest; - NOW, THEREFORE, the pa~es agree as follows: 1. PURPOSE: The purpose of this agreement is to acknowledge the parties' mutual interest to jointly ~ the acquisition of goods and services where such mutual effort can be planned in advance and to authorize the acquisition cf goods and services and the purchase or acquisition of goods arid services under contracts where a price is extended by either party's bidder to other governmental agencies. 2. ADMINISTRATION: No new or separate legal or administrative entity is created to administer the provisions of this agreement. 3. SCOPE: This agreement shall allow the following activities: A. Purchase or acquisi~en of goods and services by each party acting as agent for either or both parties when agreed to in advance, in wdting; B. Purchase or acquisition of goods and services by each party where provision has been provided in contracts for other governmental agencies to avail themselves of goods and services offered under the contract and/er where either party's bidder is willing to extend pdces to other governmental agencies. 4. DURATION AGREEMENT - TERMINATION: This agreeme~ shall remain in force u~til canceled by either party in wdting. 5. RIGHT TO CONTRACT INDEPENDENT ACTION PRESERVED: Each party reserves the right to contract independently for the acquisition of goods or services wi~out notice to the other party and shall not bind or otherwise obligate the other party tc participate in the activity 6. COMPLIANCE WITH LEGAL REQUIREMENT: Each pady accepts responsibility ~or complianCe with federal, state or local laws and regulations including, in pa~cular, bidding requirements applicable to its acquisition of g(x:ds and services. 7. FINANCING: The method of financing of payment shall be through budgeted funds or other available funds of the party for whose use the property is actually acquired or disposed. Each party accepts no responsibility for the payment of the acquisition pnce of any goods or services intended for use by the other party 98oGo.lo63 01/08/03 WED 12:55 FAX 253 502 8255 TPU PURCR~SING ~003 8. FILING: Execufad copiss of t~is agreement shall be filed ~s redui~-~d by' Section 39.34_040 of the Revised Code of V'~shingto~ pfi~r to th~s ~grasment becoming effective. 9. INTERI,Oi~A{. COOPERATION DISCLOSURE: Each party may insert in its solic~tatioas for goods a prevision disclosing that other authorized govemmantal agencies may also wish to procure the goods being offered to the party and allowing the bidder the option of extending its bid to other agencies at the same bid price, terms and conditions. 10. NON-DELEGATION/NON-ASSIGNMENT: Neither party may delegate the performance of any contractual obligation, to a third party, unless mutually agreed in wr[~ng. Neither party may assign this agreement without ~e written c~nsent of the other par[y. 11. HOLD-HARMLESS: E~ch party shall be liable and responsible for the consequence of any negligent or wrongful act or failure to act on the pa~ ~'f itsalf and its employees. Neither party assumes responsibility to the other party for ~3e consequences of any act or emission of any person, firm or corporation not a parbJ to this agreement. 12. SEVERABIUTY: Any provision of Ibis agreement, which is prohibiled or unenforceable, shall be ineffective to the extent of such prohibition or unenforceabilit-j, without invalidating the remaining provisions or affecting the validity or enforcement of such provisions. APPROVED: Agency Name Title Date  'Uahagef ' ' ' - Date APPROVED AS TO FORM: Assistant City Attorney Date fl~LDiract~r o-rFinance Date ATTEST: City Clerk Cate Tacoma City Council Resolution No. 3~ '~ 9506010638 01/08/03 WED 12:55 FAX 253 502 8255 TPU PURCHASING 98O6010638 6-i-1~ ~:~ ,m Fee Amt: $0.00 004 When Recorded Return to: City of Tacoma, City Clerk's Office 747 Market Street, Room 220 Tacoma, WA 98402 DOCUMENT TITLE: Inteflocal Joint Purchasing Agreement for the City of Tacoma and City of Bremerton. CERTIFICATE I, RICK ROSENBLADT, City Clerk of the City of Tacoma, Pierce County, Washington, do hereby certify that the attached is a full, true and correct copy of the Interlocal Joint Purchasing Agreement for the City of Tacoma and City of Bremerton. WITNESS MY HAND and the Seal of said City this .29th day of May, 1998. RICK ROSENBLADT City Clerk GRANTOR(S): City of Tacoma and City of Bremerton. GRANTEE(S): Citizens of City of Tacoma and City of Bremerton. LEGAL DESCRIPTION: Not applicable. DOCUMENT REFERENCE NUMBERS (if applicable): Not applicable. ASSESSOR'S PROPERTY TAX PARCEL NUMBER(S): Not applicable. Document Recording Coversheet f:~cityctk~eco rclng ~intlc~cv, doc O5/29/98 9806010 38 P.O. Box 51, Kir~land, Washington 98083 / Phone (425) 821-5858 / Fax (425) 823-0636 / Toll Free 1~00-327-53~2 www.seawestem.com I E-mail: seawestem~,ms[~.com QUOTATION TO: Bremerton Fire Department DATE: 2/3/2003 817 Pacific Ave Bremerton, Wa 98337 ATTN: Chief Al Duke, Pat McGanney FAX: 360-478-5397 Replying to your inquiry we are pleased to quote as follows: ITEM QTY DESCRIPTION UNIT EXTENSION NO. PRICE Aneus Fire Hose 1. 108 Angus 1%" Premier Nylon Double Jacket Rubber Lined Fire 50' Length, Colors $73.48 $7,935.84 2. 144 Angus 2 ½" Premier Nylon Double Jacket Rubber Lined Fire Hose 50' Length, Colors $101.08 $14,555.5~ 3. 21 Angus 2 ½' Premier Nylon Double Jacket Rubber Lined Fire Hose 25' Length, Colors $73.60 $1,545.6( 4. 77 Angus Hi-Vol 5" Supply Fire Hose with Storz Couplings, Yellow 100' Length $488.75 $37,633.7: 5. 18 Angus Hi-Vol 5" Supply Fire Hose with Storz Couplings, Yellow 25' Length ! $251.85 $4,533.3( Total: $66,204.0] Added Discount of 2% if All Angus Hose Items Purchased: -$1,324.01 Adjusted Total: $64,879.9~ FOB: PrePaid $3,500.00 or more TERMS: Ne¥~ ~ Receipt DELIVERY: 30-45days, or ou speeified date in 2003 after receipt oforder Seam,. Westerl~ncT~/t~ '~-,-x ~ -~---~ By: PLUS WASHINGTON STATE SALES TAX Greg rris AGENDA BILL BREMERTON CITY COUNCIL The purchase of nozzles from SeaWestern through the use of a Interbcal Agreement with King County Fire District #44 FOR AGENDA OF: 2/19/2003 ORIGINATING DEPT: Fire ORIGINATOR: Al Duke, Fire Chief DATE SUBMITTED: 2/11/2003 ~ Com~k i~ necessary) Budget & Fiscal ~. o .ion City Attorney 3. EXHIBITS: Contract Proposal Interlocal Agreement ENDORSEM~ MAYOR ~ r~~I~N Public Safety Committee APPROVED BY SUBM --i-T' : ,. 4. SUMMARYSTATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Attached is a contract proposal to purchase a the Bkhart fire nozzles for the new fire engines. The city has received an excellent price through an Interbcal Agreement with King County Fire District #44. That the Bremerton City Council authorize the purchase of Bkhartfire nozzles from the SeaWestern proposal. 9. RESPONSIBLE OFFICIAL: Ai Duke, Fire Chief ENFORCEMENT OFFICIAL: Al Duke, Fire Chief EXPIRATION DATE: REVIEW DATE: ~ PULLED COUNCIL DIRECTIVE: TABLED APPROVED NOTICE OF ACTION DISAPPROVED AMENDED 1'1. AGENDABILLNO: ~ 2. CLEARANCE COMMENTS; 5. IMPACT ON NON-PASSAGE: This purchase was priced with King County Fi'e District #44 and the City of Bremerton has received a huge price reduction. If we were to go out to bi:l at a later date by ourselves, the price would be at a higher price. 6. IMPACT ON STAFFING. BUDGETS, FACILITIES. EQUIPMENT OR OTHER RESOURCES: The revenue for the purchase of the fi'e hose will come out of the pubic safety bond - enghe category. 7. RESEARCH SOURCE~; 425823~36 P~E 02 PURC'~A$~NO Pu~uant m chair 39.34 RCW and m c~l~ lrOViSim~ of law, Im~mt~ 1~1 lu aa ~!~ 'Spot.or~ md , ~ re6~ml m ~ ~ ~Ja~, both ~ muai~ ~rmlona, polhir~l mMivi~a or otha~ publi~ ~ of tha Sta~ of Washington, he.by aar~ mc. OOpe~i~ ~,om'nmmt~d pundmin~ of: the following m.m and conditions. O) (2) of the P°lilleal s~bdivision in qum~io~ O) The "SPONSOR" accepu n9 respon~'billty for tl~ ~ of any pu~hase of any goods. (4) . This ~m~ shall renu~ in ferce uafil csn~l~ by hum, m6dified P.O. Box 51, Kirkland, Washington 98083 / Phone (425) 821-5858 / Fax (425) 823-0636 /Toll Free 1-800-327-5312 www.seawestern.com / E-mail: info@seawestem,com QUOTATION TO: Bremerton Fire Department 817 Pacific Ave. Bremerton, WA 98337 Arm: Chief Al Duke, Pat McGanney DATE: 2/3/03 Replying to your inquiry For Request for Pricing we are pleased to quote as follows: ITEM QTY DESCRIPTION Discount Extended NO. Unit Price Price 1. 36 Elkhart 4000-14 Chief Nozzle Tip, 150 gpm ~ 75 psi $232.87 $8,383.32 2. 36 Elkhart B-275-GAT Smooth Bore Ball Shut Offwith Pistol Grip, $231.07 $8,318.52 15/16ths Water Way 3. 16 Elkhart 4000-24 Chief Nozzle Tip, 250 ~ 50 psi $312.12 $4,993.92 4. 16 Elkhart DB-275-GAT Smooth Bore Ball Shut Offwith Pistol Grip, $287.50 $4,600.00 1%" Water Way 5. 3 Elkhart 8294-04 Electrically Remote Controlled Scorpion Monitor $5,750.00 $17,250.00 With SM-100E Nozzle 6. 3 Elkhart 8297-25 Stinger Portable Monitor, 2-2.5" inlets and ST-194 $2,124.20 $6,372.60 Stacked Tips, 282A Stream Shaper 7. 4 Elkhart 9813 Three Way Gated Manifold, 5" Free Swivel Inlets, $617.50 $2,470.00 3-2.5" Gated Outlets 8. 4 Elkhart 246-S Handline Aeration Tubes $141.70 $566.80 9. 4 Elkhart 241-60-150 Inline Foan Inductor, Specify GPM 60,95,125 $385.45 $1,541.80 or 150 gpm 10. 6 Elkhart 4000-03 Chief Nozzle with Pistol Grip, 1.5'Free Swivel Base $371.80 $2~230.80 Total Page One: $56,727.76 FOB: Prepaid TERMS: NET UPON RECEIPT OELIVERY: 30-60 Days, or on specified date in Sea Western, Inc. 2003 - By: PLUS ANY APPLICABLE SALES TAXES P.O. Box 51, Kirkland, Washington 98083 / Phone (425) 821-5858 / Fax (425) 823-0636 / Toll Free 1-800-327-5312 www.seawestem.com / E-mail: info@seawestern.com QUOTATION TO: Bremerton Fire Department DATE: 1/3/03 Attn: 817 Pacific Ave. Bremerton, WA 98337 Chief Al Duke, Pat McGauney Replying to your inquiry For Request for Pricing we are pleased to quote as follows: ITEM QTY DESCRIPTION Discount Extended NO. Unit Price Price 1. I Elkhart PF-520 Portable Flow Meter $1,00.00 $1,000.00 2. I Elkkart 227A-1.5' Piezometer Gauge $181.35 $181.35 3. 1 Ell~kart 227A-2.5' Piezometer Gauge $217.10 $217.10 4. 8 Ell~hart B-100A Ball Valve Wye, 2.5" Inlet X (2) 1.5" Outlets $254.15 $2,033.20 5. 8 Elkhart X-86A Gate-Type Hydrant Valve, 2.5" $271.05 $2,168.40 6. 8 Red Head Style 36, Double Male, NST, 2.5" $18.81 $150.50 7. 8 Red Head Style 35, Double Swivel Female, NST, 2.5" $27.62 $221.00 8. 8 Red Head Style S-36, 2.5" MNST X 5.0" Storz $94.56 $756.50 Total Page Two: $6,728.05 Total Page One: $56,727.76 Grand Total: $63,455.81 Added Discount of 2% if All Elkhart Brass Items Purchased: -$1,269.11 Adjusted Total: $62,186.70 FOB: Prepaid TERMS: NET UPON RECEIPT OELIVEI~V: 30-60 Days, or on specified date in Sea Western, IBc. 2003 By: PLUS ANY APPLICABLE SALES TAXES Grey,Morris AGENDA BILL BREMERTON CITY COUNCIL To purchase MSA Self Contained Breathing Apparatus & Miscellanous equipment as a soie source purchase. FOR AGENDA OF: 2/19/2003 ORIGINATING DEPT: Fire ORIGINATOR: Al Duke, Fire Chief DATE SUBMITTED: 2/11/2003 ~ Comment of back i~ necessary) Operations - ~ 3. EXHIBITS: Contract Proposal Interlocal Agreement City Attorney ENDORSEM~N MAYOR Public Safety Committee ~.~.. / ~UNCIL RESIDENT. v [--,-- .~ ~, ,~..~--..~,, j ~.~.~ 4, SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Attached is a contract proposal to purchase MSA Self Container Breathing Apparatus (SCBA) and miscellanous equipn The miscellanous equipment is emergency quick fill by-pass hoses and a test bench/equ~ment to work on our own equipment. This is a sole source purchase because there are no other sources to purchase M~ equipment or parts. That the Bremerton City Council author~.e the MSA Self Contained Breathing Apparatus and equipment as proposed. 9. RESPONSIBLE OFFICIAL: Al Duke, Fire Chief ENFORCEMENT OFFICIAL: Al Duke, Fire Chief EXPIRATION DATE: REVIEW DATE: PULLED COUNCIL DIRECTIVE: TABLED APPROVED NOTICE OF ACTION DISAPPROVED AMENDED 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Without the equipment the Fire Department would not be able to repair or test their equipment and would have to contract out the service. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES; The revenue for the purchase of the f're hose will come out of the pubic safety bond - equipment category. 7. RESEARCHSOURCES: FIRE FIGHTING EQUIPMENT P.O. Box 51, KJn~land, Washington 98083 / Phone (425) 821-5858 / Fax (425) 823-0636 / Toll Free 1-800-327-5312 www. seawestem.com / E-mail: info@seawestem.com QUOTATION TO: Bremerton Fire Department 817 Pacific Ave. Bremerton, WA 98337 Ann: Chief Al Duke, Pat McGanney Replying to your inquiry For MSA Breathing Apparatus OATE: 2/3/03 we are pleased to quote as follows: MSA MMR Xtreme Air Mask Complete With Vulcan Harness Single PuB Waist Belt With Chest Strap, Stealth H-30 30 Minute 4500 psi Cylinder, ¼ Turn MMR, Ultra Elite Facepiece With Nosecup and Speed-On Head Harness, ICM 2000 Without Heat Sensor Integrated PASS Device, Shoulder Mounted Quick-FiB Emergency Breathing System. (Bremerton Standard SCBA) Meets NFPA 1981, 1997 Edition- Must be Ordered By 12/31/2002 ATO0 G-CM$O$301CI25-O $3,172.71 $9,518.13 MSA # 807587, Stealth Cylinder, 30 Minute, 4500psi $828.00 $2,484.00 MSA # 485366 3' Quick-Fill Hose and Kevlar Pouch SeaWestern R1T Air System: Stealth H-60, 60 Minute Carbon Cylinder, 4500 psi 3' Quick Fill Emergency Breathing Hose, % Turn Mask Mounted Regulator System, Ultra Elite Facepieee With Nosecup & Rubber Harness, Low Air Alarm, Custom R.I.T. Carrying Bag With Glow Flex Trim * There is not a Standard for RIT Equipment, Therefore, This Offering Does Not Comply With Any NFPA Standard A TO-G-MII$$OOCI !-0 Toatl; $460.00 $9,660.00 $3,100.00 $6,200.00 $27,862.13 FOB: Bremerton~ WA DELIVERY: 10-12 Weeks ARO PLUS ANY APPLICABLE SALES TAXES PRICES VALID THROUGH DECEMBER 31,2002 TERMS: NET UPON RECEIPT SeaBy: Westei ,~. Greg Morris FIRE FIGHTING EQUIPMENT P.O. Box 51, Kirkland, Washington 98083 / Phone (425) 821-5858 / Fax (425) 823-0636 / Toll Free 1-800-327-5312 www.seawestem.com / E-mail: info@seawestern.com QUOTATION TO: Attn: Bremerton Fire Department 817 Pacific Ave. Bremerton, WA 98337 Chief Al Duke, Pat McGanney DATE: 1/3/03 Replying to your inquiry For Request for Pricing we are pleased to quote as follows: ITEM QTY DESCRIPTION Discount Extended NO. Unit Price Price 1. 1 BioSystems PosiChek III SCBA Tester Model 54-20-0117 PosiChek IH with Manifolds for testing High & Low Pressure MSA SCBA's, Equipped with Medium Pressure Transducer and Medium Pressure Manifold. $6,200.00 $6,200.00 2. 1 MSA 32 bit Pro-Chek Testing Software. $550.00 $550.00 3. 1 MS~4 Adjustable Pressure Reducing Regulator with Gauges $600.00 $600.00 4. 2 PosiChek3 Calibrations with 2 Years of Extended Warranty $430.00 $860.00 (Freight costs responsibility of fire departmenO Toatl: $8,210.00 FOB: Origin TERMS: NET{¥~PON RECEIPT DELIVERY: 30-60 Days Sea We~j~rn,,,ng~ By: -/'~, ~/ ~,.-...,~ ~ PLUS ANY APPLICABLE SALES TAXES Greg~Morris Yai~oo! Mail- Otdpattygg(~yanoo.com Page Iot J Yahoo! ~ My Yahoo! - Help Check Mail Compose ~ L, at,t~dar ~_: Notepad -- bfdpattyOS~yahoo.com [Sign Out] Mail Upgrades - Search Mail - Ma Opt OhS Folders [Add] i.~ Inbox '-'*~ Draft :~ Sent (~ Bulk [~m~y] i~' Trash [Empty] View Attachment B~ck to Origin~L~ge File name: MSA Sole Source_Brem.doc File type: application/msword ~¥~ tc my ~ho~! Briefcase - Dewql~ad Eil~ - Need H~!p? redit In Seconds Find REALTORS® & View_ Homes ~Free fax 0umber fo[ your Ya_bpg! ~ai! Free: Access Your from Anywhere December 17, 2002 Chief A1 Duke Bremerton Fire Department 817 Pacific Ave. Bremerton, WA 98337-1921 Dear Chief Duke, SeaWestem, Inc. is the sole authorized and designated supplier of MSA products including SCBA's, Thermal Imaging Cameras, and parts to the M_tmjcipal Fire Department market for Western and Central Washington_ and the State of Oregon. SeaWestem, Inc. is a MSA Authorized Repair Center for MSA products in the same market and geographical area. http://us.f213.mail.yahoo.com/ym/ShowLetter?box=Inbox&MsgId=7587_679976_1749 ... 12/21 ~2002 Yahoo! Mail - bfdpattyOS~yahoo.com Page 2 of 3 MSA establishes distributors to sell, service and promote MSA products according to a prepared MSA business/market plan. Authorized distributors are assigned a business market within an assigned geographical area. The MSA business plan provides MSA customers with the assurance that authorized distributors will provide them with proper equipment selection, training and repair service. MSA products sold through authorized MSA distributors are backed by MSA warranties. MSA does not and will not restrict a distributor from selling MSA products outside their assigned market or geographical area or establish a selling price. However, sales outside an authorized distributor's market and geographical area are not in accordance with a distributor's Business Agreement agreed to by the distributor and MSA. Should an authorized MSA distributor sell MSA products outside their assigned market anWor geographical area, by terms of the distributor's Agreement, MSA reserves the right to refuse to honor any purchase order for MSA products by the distributor with ultimate delivery into an area where, in MSA's opinion, the distributor does not have the capability to properly service MSA customers on products or train the customer in product use. The distributor may also be considered for inmaediate termination as an authorized MSA distributor. Cordially, Eric Muller Northwest Fire Service Sales Manager Check Mail Save to my Yahoo! Briefcase - Download F!je - Need Help? File name: MSA Sole Source_Brem.doc File type: application/msword Back [o Original Message Compose Mail Upgrades - Search Mail - Mai! Options Mail - Address Book - Calendar - Notepad http://us, f213.mail.yahoo.com/ym/ShowLetter?box=Inbox&Msgld=7587_679976_ 1749_... 12/21/2002 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: PSA with kpff. CONSULTING ENGINEERS for the DOWNTOWN PEDESTRIAN/BTC ACCESS IMPROVEMENT FOR AGENDA OF: February 19, 2003 ORIGINATING DEPT: Public Works & Utiliti~/ff ORIGINATOR: W. Eugene Sampley, Director[/t/~-~ DATE SUBMITTED: February 6, 2003 2. CLEARANCE,,~ (Comment on back i~necessar~) 3. EXHIBITS: D~ 1. Professional Services Agreement c '~et~r~_omic,.De~lopment Cou~l/F~al & Budget Committee Coun~ll Operations Committee~'"~ ~,f"~~ O~~. ? -~ ENDORSE~NT~ATION [ ] APPROVED BY C L: MAYOR 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION." Federal transportation funds have been earmarked for a project to improve both commuter traffic with the Bremerton Transportation Center (BTC) and pedestrian access and safety within downtown Bremerton. The City of Bremerton has been identified as the lead agency for this project. To meet City, State and Federal environmental review requirements a screening analysis is needed to identify a preferred alternative prior to completion of thc environmental permitting process. Through a formal consultant selection prucess kpff Consulting Engineers was selected to perform this screening analysis. It is recommended the City Council approve a Professional Service Agreement with kpff Consulting Engineers to perform the screening analysis for the Downtown Pedestrian/BTC Access Improvement Project in the amount of $99,731.00 5. RECOMMENDATION: The City Council approve the ProfessionaI Services Agreement with kpff Consulting Engineers to perform the screening analysis for the Downtown Pedestrian/BTC Access Improvement in the amount of $99,731.00 and authorize the Mayor to execute the same. 9. RESPONSIBLE OFFICIAL: Director Pub Wks & Util ENFORCEMENT OFFICIAL: Director Economic Devl. EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED[ ] TABLED[ ] APPROVED[ ] DISAPPROVED[ ] AMENDED[ ] COUNCIL DIRECTIVE: (OVER) 11. AGENDABILLNO.: 03 ~. 0o~(4~ 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT (Continued) 5. IMPACT ON NON-PASSAGE: The alternative analysis will not be completed and the Downtown Pedestrian/BTC Access Improvement will be delayed. 6. IMPACT ON STAFFING~ BUDGETS, FACILITIES~ EQUIPMENT AND OTHER RESOURCES: Staffing: City staff is not qualified or available to conduct this work. Utilizing consultant services will provide necessary project support. Budget: This project is scheduled to be funded with earmarked Federal transportation funds that will be processed through the Federal Highway Administration and the Washington State Department of Transportation. The agreement with kpff Consulting Engineers will be finalized after funding has been secured. Facilities/Equipment: No impact. 7. RESEARCH SOURCES: Local Agency Standard Consultant Agreement Agreement Number Federal Aid Number Agreement Type (Choose one) [] Lump Sum Lump Sum Amount $ [] Cost Plus Fixed Fee Overhead Progress Payment Rate Overhead Cost Method [] Actual Cost [] Actual Cost Not To Exceed [] Fixed Rate Fixed Fee $ [] Specific Rates Of Pay [] Negotiated Hourly Rate [] Provisional Hourly Rate [] Cost Per Unit of Work % % Consultant/Address/Telephone KPFF Consulting Engineers 1601 FifthAve, Suite 1600 Seattle, WA 98101 206-622-5822 Project Title And Work Description "Downtow~ Brcmcrton Pedestra~ / BTC Access Improvements" Conduct a screening analysis to identify a preferred alternative to improve downtown pedestrian and Bremexton Transit Center (BTC) access. DBE Participation []Yes [] No % WBE Padicipation []Yes [] No % Federal ID Number or Social Security Number 91-0755897 Do you require a 1099 for IRS? Completion Date [] Yes [] No December 31, 2003 Total Amount Authorized $ 99,731.00 Management Reserve Fund $ Maximum Amount Payable $ 99,731.00 THIS AGREEMENT, made and entered into this day of 2003 between the Local Agency of City of Bremenon , 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: DOT Form 140-089 EF Pacle 1 of 8 Revised 12/99 I GENERAL DESCRIPTION OF WORK The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT The CONSULTANT shall furnish all services, labor and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II SCOPE OF WORK The Scope of Work and project level of effort for this project is detailed in Exhibit "B" attached hereto, and by this reference made a part of this AGREEMENT. III GENERAL REQUIREMENTS All aspects of coordination of the work of this AGREEMENT, with outside agencies, groups or individuals shall recerVe advance approval by the AGENCY Necessarycontacts and meetings with agencies, groups or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY or such Federal, Community, State, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requihng CONSULTANT participation. The minimum number of hours or days notice - required shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit attached hereto and made part of this AGREEMENT. The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, that will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. Goals for Disadvan- taged Business Enterprises (DBE) and Women Owned Business Enterprises (WBE) if required shall be shown in the heading of this AGREEMENT. All reports, PS&E materials, and other data, furnished to the CONSULTANT by the AGENCY shall be returned. All designs, drawings, specifications, documents, and other work products prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instnJments of service for this PROJECT and are properly of the AGENCY. Reuse by the AGENCY or by others acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. IV TIME FOR BEGINNING AND COMPLETION The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULT- ANT, but may be extended by the AGENCY, in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V PAYMENT The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "C" attached hereto, and by this reference made part of this AGREEMENT. Such payment shall be full compen- sation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work" The CONSULTANT shall conform with all applicable portions of 48 CFR 31. Page 2 of 8 VI SUBCONTRACTING The AGENCY permits subcontracts for those items of work as shown in Exhibit G to this Agreement. Compensation for this subconsultant work shall be based on the cost factors shown on Exhibit G, at* tached hereto and by this reference made a part of this AGREEMENT. The work of the subconsultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non- salary costs and fixed fee costs for the subconsuitant shall be substantiated in the same manner as outlined in Section V. All subcontracts exceeding $10,000 in cost shall contain all applicable provisions of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and subcontractor, any contract or any other relationship. VII EMPLOYMENT The CONSULTANT warrants that he/she has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consider- ation, contingent upon or resulting from the award or making of this contract. For breach or vidlatidn of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability, or in its discre- tion, to deduct from the AGREEMENT price or consideration or otherwise recover the fu[l amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may or m~ht adse under any Workmen's compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party ss a consequence of any act or omiSSion on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT The CONSULTANT shall not engage, on a full or part time basis, or other basis, during the period of the contract, any professional or technical pemonnel who are, or have been, at any time during the period of the contract, in Ihe employ of the United States Depart- merit of Transportation, the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII NONDISCRIMINATION The CONSULTANT agrees not to discriminate against any client, employee or applicant for employ- ment or for services because of race, creed, color, national origin, marital status, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited ~o the following: employ- merit upgrading, demotion or transfer, recruitment or any recruitment advertising, a layoff or terminations, rates of pay or other forms of compensation, selection for training, rendition of services. The CONSULT- ANT understands and agrees that if it violates this provision, this AGREEMENT may be terminated by the AGENCY and further that the CONSULTANT shall be barred from performing any services for the AGENCY now or in the future unless a showing is mede satisfactory to the AGENCY that discrimina- tory practices have terminated and that recurrence of such action is unlikely. Dudng the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees and successors in interest agrees as follows: Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered A. COMPLIANCE WITH REGULATIONS: The CONSULTANT shall comply with the Regula- tidns relative to nondiscrimination in the same manner as in Federal-assisted programs of the Page3 of 8 Department of Transportation. Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time. (hereinafter referred to as the Regulations), which are herein incorpo- rated by reference and made a part of this AGREEMENT. The consultant shall comply with the American Disabilities Act of 1992. as amended. B. NONDISCRIMINATION: The CONSULTANT, with regard to the work performed by it during the AGREEMENT, shale not discriminate on the grounds of race, creed, color, sex, age, marital status, national origin or handicap except for a bona fide occupational qualification in the selec- tion and retention of subconsultants, including procurements of matehels and leases of equip- ment. The CONSULTANT shale not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix II of the Regulations. C SOLICITATIONS FOR SUBCONSULTANTS, INCLUDING PROCUREMENTS OF MATERI- ALS AND EQUIPMENT: In all solicitations either by competitive bidding or negotiation made by the CONSULTANT for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subconsultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the Regulations relative to nondiscrimination on the grounds of race, creed, color, sex, age, marital status, national origin and handicap. D. INFORMATION AND REPORTS; The CONSULTANT shall provide all information and reports required bythe Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of the CONSULTANT is in the exclu- sire possession of another who fails or refuses to furnish this information the CONSULTANT shall so certify to the AGENCY, or the United States Department of Transportation as appropriate, and shall set forth what efforts it has made to obtain the information, SANCTIONS FOR NONCOMPLIANCE: In the event of the CONSULTANT's noncompliance with the nondiscrimination provisions of this AGREEMENT, the AGENCY shall impose such sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: 1. Withholding of payments to the CONSULT- ANT under the AGREEMENT until the CONSULTANT complies, and/or 2. Cancallatldn, termination or suspension of the AGREEMENT, in whole or in part, INCORPORATION OF PROVISIONS: The CONSULTANT shall include the provisions of paragraphs (A) through (G) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto, The CON- SULTANT shall take such action with respect to any subconsultant or procurement as the AGENCY or the Federal Highway Administra- tion may direct as a means of enforcing such provisions including sanctions for noncompli- ance; provided, however, that, in the event a CONSULTANT becomes involved in. or is threatened with. litigation with a subconsultant or supplier as a result of such direction, the CON- ULTANT may request the AGENCY to enter into such litigation to protect the interests of the AGENCY, and in addition, the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. UNFAIR EMPLOYMENT PRACTICES: The CONSULTANT shall comply with RCW 49.60.180. Page4 of 8 IX TERMINATION OF AGREEMENT The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit F for the ~ of AGREEMENT used. No payment shall be made for any work completed after ten days following receipt by the CONSULT- ANT of the Notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due computed as sst forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CON- SULTANT, the above formula for payment shall not apply, in such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULT- ANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termina- tion, whether that work is in a form or a type which is usable to the AGENCY at the time of termination; the cost to the AGENCY of employing another f'~m to complete the work required and the time which maybe required to do so, and other factors which affect the value to the AGENCY of the work per- formed at the time of termination. Under no circumstances shall payment made under this subsec- lion exceed the amount which would have been made using the formula set forth in the previous paragraph. if it is determined for any reason that the CONSULT- ANT was not in default or that the CONSULTANT's 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. In the event of the death of any member, pa.,lner or officer of the CONSULTANT or any of its super'~ sory personnel assigned to the project, or, dissolution of the partnership, termination of the corporation, or dissffliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, ~f requested to do so by the AGENCY. The subsection shall not be a bar to renegotiatidn of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the padies listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY's concur- fence, desire to terminate this AGREEMENT, payment shall be made as sst forth in the second paragraph of this section. Payment for any pad of the work bythe AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CON- SULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULT- ANT to perform work required of it by the AGENCY. Forbearance of any dghts under the AGREEMENT will not constitute waiver of entitle- ment to exemise those rights with respect to any future act or omission by the CONSULTANT~ X CHANGES OF WORK The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when requ~d to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and wilt be paid for as herein provided under Section XIV. page 5 of 8 Xl DISPUTES Any dispute concerning questions of fact in connec- tion with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whoso decision in the matter shall be final and binding on the parties of this AGREEMENT, provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. Xll VENUE, APPLICABLE LAW AND PERSONAL JURISDICTION In the event that either party deems it necessary to institute legal action or proceedings to enfome any right or obligation under this AGREEMENT, the padies hereto agree that any such action shall be initiated in the Superior court of the State of Washing- ton, situated in the county the AGENCY is located The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the dght of appeal from such decisions of the Supedor court in accor- dance with the laws of the State of Washington. The CONSULTANT hereby consonts to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located in. XlII LEGAL RELATIONS AND INSURANCE The CONSULTANT shall complywith all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accord with the laws of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE, and their officers and employees harmless from and shall process and defend at its own expenso all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT's negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY and the STATE against and hold harmless the AGENCY and the STATE from claims, demands or suits based solely upon the conduct of the AGENCY and the STATE, their agents, officers and employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT's agents or employees and (b) the AGENCY and the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits basod upon such negligence, (2) the costs to the AGENCY and the STATE of defending such claims and suits, etc. shall be valid and enforce- able only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents or employees. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees against the AGENCY and, ssiety for the purposo of this indemniCcation and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The CONSULTANT recognizes that this waiver was spec~calty entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of an acceptable, supplemental agreement, the CONSULTANT shal~ provide on-call assistance to the AGENCY during contract adminis- tration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper constructbn techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in rome dudng the terms of the AGREEMENT, or ss other- wiso required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to RCW 48. Page6 of 8 Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B General commercial liability insurance in an amount not less than a single limit of one million and 00/100 Collars ($1,000,000.00) for bodily injun/, including death and property damage per occurrence. Excepting the Worker's Compensation insurance and any professional liability insurance secured by the CONSULTANT, the AGENCY will be named on all certificates of insurance as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by Ibis AGREEMENT. The AGENCY reserves the right to require complete, certif'~d copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within 14 days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million dollars, whichever is the greater unless modified by Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclu- sive; and the AGENCY and the STATE may take such other action as is available to them under other provisions of this AGREEMENT, or otherwise in law. XIV EXTRA WORK A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B if any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3)other affected terms and shall modify the AGREE- MENT accordingly. C. The CONSULTANT must submit its "request for equitable adjustment" (hereafter referred to as claim) under this clause within 30 days from the date of receipt of the written order. However, if the AGENCY decides Ihat the facts justify it, the AGENCY may receive and act upon a claim submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However nothing in this clause shall excuse the CON- SULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditbn of paragraphs (a) and (b) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specifK: written supplement Io this AGREEMENT. XV ENDORSEMENT OF PLANS The CONSULTANT shall place his endorsement on a~l plans, estimates or any other engineering data furnished by him. Page7 of 8 XVl FEDERAL AND STATE REVIEW The Federal H~hway Administration and the Washington State Department of Transpodation shall have the right to participate in the review or examination of the work in progress XVll CERTIFICATION OF THE CONSULTANT AND THE AGENCY Attached hereto as Exhibit "A-l", are the Certifications of the Consultant and the Agency, Exhibit "A-2" Certification regarding debarment, suspension and other responsibility matters - primary covered transactions, Exhibit "A-3" Certification regarding the restrictions of the use of Federal funds for lobbying, and Exhibit "A-4" Certificate of Current Cost or Pricing Data. Exhibits "A-3" and "A-4" are only required in Agreements over $100,000. XVlll COMPLETE AGREEMENT This document and referenced attachments contains all covenants, stipulations and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, represen- tation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and s~gned by the parties as an amendment to this AGREEMENT. XlX EXECUTION AND ACCEPTANCE This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, wan-anties, 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 Consultant KPFF Consulting Engineers By Caw Bozeman, Mayor Agency City of Bremerton Page 8 of 8 Exhibit A-1 Certification Of Consultant Project No. Local Agency I hereby certify that I am Ronald J. Leimkuhler representative of the firm of KPFF Consulting Engineers 1601 5th Avenue Suite 1600, Seattle, WA 98101 firm I here represent has: and duly authorized whose address is and that neither I nor the above (a) Employed or retained for a cgmmission, percentage, brokerage, contingent fee or other consideration, any firm 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 condihon for obtaining this contract, to employ or to retain the services of any firm 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 firm is in full compliance with the requirements of the board of Professional Registration. 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 Signature Certification of Agency Official [ hereby certify that I am the AGENCY Official of the Local Agency of __C_!_ty~o_f Br~e_rn_e~_- 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 carrying out this contract to: (a) Employ or retain, or agree to employ or retain, any firm 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). ! 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 Cary Bozeman, Mayor Exhibit A-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions 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 judgraent rendered against them for comnnssion or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or con~'act under a public U'ansaction; violation of federal or state antitrust statues or corraTassiun of embezzlement, theR, 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 govemmentaI 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. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective pamcipant shall attach an explanation to this proposal. Consultant (Firm): KPFF Consulting Engineers (Date) (Signature) President or Authorized Official of Consultant Exhibit B-1 Scope of Work Project No. 1. Meetings: Staff from KPFF and Art Anderson will attend a kick-offmeeting to identify available sources of information for developing the base maps, clarify roles and responsibilities, finalize project schedule, and set dates for the workshop and review meetings. Five additional coordination meetings will be held in conjunction with other meetings. These meetings will be held approximately every other week. KPFF will prepare meeting minutes and distribute them to all attendees and key stakeholders. Data Collection, Document Revie~v, and Base Map Preparation: Develop base maps from existing City, Kitsap Transit, Washington State Ferries (WSF), and US Navy maps, as-builts, utility system plans, and other readily available information. Conduct a document search to obtain and review existing information about subsurface soil conditions, and possible soil contamination. Review City of Bremerton's Comprehensive Plan, NEPA/SEPA and other permit documents for the Transportation Center and SR 304 projects. Create a list of all documents and information collected. Conduct Initial Workshop: The City wilt identify and invite key stakeholders to a 4-hour design workshop. The purpose of the workshop is to bring all stakeholders together, hear their concerns and issues, discuss the functional and operational needs of the tunnel, address streetscape requirements, obtain input on the design criteria, identify three possible tunnel alignments and one surface route, define screening elements, and develop a draft evaluation criteria. KPFF will: · Attend preworkshop coordination meeting with the City of Bremerton to finalize agenda and confirm what graphics will be needed. · Prepare graphics. We have assumed the following graphics will be necessary: * Large scale area map at 1-inch = 50 feet. * Profiles for three proposed alignments, typical sections, design criteria board, and design issues/impact board. · Facilitate the workshop. A coordination meeting will be held following the workshop. Page 1 of 3 Exhibit B-1 Scope of Work Project No. __ Participants from the KPFF team will include 4 staff from KPFF and 1 person from each of the following subconsultant disciplines: · Ventilation · Utilities and Traffic · Urban Design · Environmental/NEPA/SEPA HNTB Art 'Andersen Mac Leod/Reckord Huckell/Weinman (H/WA) The results of the workshop will be summarized in a memorandum. Prepare Purpose and Need Statement and coordinate with the City, WSF, Washington State Department of Transportation (WSDOT), and Kitsap Transit to establish the functional and operational requirements, and define design criteria. In addition to defining the design vehicle, number of lanes, design speed, and posted speed, we will address ventilation and security requirements, surface street channelization, streetscape criteria, traffic control, and business access during construction. To define the ventilation criteria, the consultant team will conduct a code review, develop, and perform CO pollutant concentration modeling. A draft of the complete design criteria will be submitted for City, State, and Federal review. The finalized design criteria will be included in the Technical Memorandum. Conduct alternatives screening analysis for one at-~ade and three below-~ade alignments. The goal of this task is to screen alternatives in order to identify whether alternatives potentially could have adverse impacts or could be adjusted to avoid impacts. This task will help refine conceptual alternatives to avoid known constraints, will help eliminate infeasible alternatives, and will provide input to a subsequent environmental assessment. Based on the results of the workshop, and in consultation with the City, finalize the four alternative ali=munents and screen them to identify constraints. The screening criteha will be finalized jointly with the City and selected stakeholders. Environmental constraints will be identified in the following areas: earth, air quality, acoustics, vibration, aesthetics, parks/open space, wetlands/fisheries/plants and animals, displacements/economic impacts, historic/cultural/ archeological impacts, water quality, land use, utilities, traffic and transportation, and hazardous materials. Constraints will be described and mapped where appropriate. Identification of known constraints will be based upon readily available data fi-om records checks, existing documents, and site walks. The City will provide traffic data for use in documenting the transportation element. Alternatives will be mapped with constraints in an iterative process. Alternatives will be adjusted where feasible to address constraints. A coordination meeting will be held mid-way through the screening analysis to update City staff. 6. In collaboration with the City, finalize the evaluation criteria and rank alternatives. Results of the screening analysis will be documented in a technical memorandum. Page 2 of 3 Exhibit B-1 Scope of Work Project No. 7. Conduct a coordination meeting to present the results of the screening analysis to key stakeholders and select the preferred alternative. Participation at the meeting will include two staff from KPFF, two from Art Anderson, one from HNTB, and one fi.om H/WA. Prepare a planning level project cost estimate for the preferred solution. Revise and update the Technical Memorandum based on comments fi.om the City and stakeholders and attend final coordination meeting. Schedule The scope of work assumes that KPFF will complete the initial studies within 12 weeks of notice-to-proceed. Documents To Be Furnished By The Consultant 1. Meeting minutes from the kick-off meeting. 2. Project directory. 3. List of documents, plans, and reports collected as part of data collection. 4. Purpose and Need Statement. 5. Memorandum summarizing the results of the workshop. 6. List of the final design criteria. 7. Technical Memorandum containing results &the alternatives screening analysis. 8. Project cost estimate. Page 3 of 3 Exhibit C-3 Payment (Negotiated Hourly Rate) 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 work performed or services rendered and for ail labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform with all applicable portions of 48 CFR 31. Hourly Rates The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in ExhibitsD and E at~ached hereto and by this reference made part of this AGREEMENT. The rates listed shall be applicable for the first 12-month period and shall be subject to negotiation for the following 12-month period upon request of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or subsequent 12-month periods within 90 days after completion o£ the previous period, the rates listed in this AGREEMENT or subsequent written authot-ization(s) fi.om the AGENCY shall be utilized for the life of the AGREEMENT. The rates are inclusive of direct salaries, payroll additives, overhead, and fee. In the event renegotiation of the hourly rates is conducted, the AGENCY reserves the right to audit for any change in the overhead rate currently in use by the CONSULTANT and modify the hourly rates to be paid to the CONSULTANT subsequent to the renegotiation accordingly. Any changes in the CONSULTANT'S fixed hourly rates may include salary or overhead adjustments. Direct Nonsalary Costs Direct nonsalary costs will be reimbursed at the acPaal 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 as the current rate approved for AGENCY employees and shall be supported by the date and time of each ~p with origin and designation o£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 PROYECT, shall be an itemized listing of the charges supported by the original bills, invoices, expense accounts, and miscellaneous supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. 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 writing 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. A~y changes requiring additional costs in excess of the "Management Reserve Fund" shall be made in accordance with Section XIV, "Extra Work." 4. Maximum Amount Payable The maximum amount payable for completion of work under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The maximum amount payable includes the Management Reserve Fund, but does not include payment for extra work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. 5. Monthly Progress Payments Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above. The monthly invoices shall be supported by detailed statements for hours expended at the rates established in Exhibits D and E, including names and classifications of all employees, and invoices for all direct nonsalary expenses. To provide a means of verifying the invoiced salary costs for the consultant's employees, the agency may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the project at the time of the interview. 6. Inspection of Cost Records The CONSULTANT and his/her subconsultants shall keep available for inspection by representatives of the AGENCY, STATE, 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 beanng upon these records with following exception: if any litigation, claim, or audit is started before the three-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. The three-year retention period begins when the CONSULTANT receives fmal payment. 7. 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 final 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 at the time of final 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 ninety (90) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT or any claims relating to the validity of a finding by the AGENCY of overpayment. Exhibit D Engineering Cost Estimate 3OST ESTIMATE FOR: TRANSPORTATION CENTER EXIT TUNNEL CATEGORY & HOURS TOTALS (PFF ConsuItln~l ~;,-,==~ Principal Proi. Senior Desitin CADD/ n Cha~e Man~l. I En~lr. En~lr. Tech. Admin Total I Total Task ~ SCOPE OF WORK $135.00 $122.00 15100.00 $78.00 $70.00 $56.00 Hours Cost 2 Data Collection 2 4 1 7 $612 3 Conduct Initial Workshop A Pre-workshop Me.ting 6 6 6 2 20 $2,122 B. P~p&,~ graphics 2 8 24 34 $2,548 C Fa~iitate Workshop 8 8 8 8 32 $3,480 D Summanze Results 4 8 4 16 $1,336 4 ;oordinata with City, WSF. and Kitsap Transit / Prepare P&N 24 16 4 44 $4,400 5 ;onduct Alternative Screening Analysis for Three Alternatives 8 32 24 60 60 12 196 $16,936 6 :inalize Evaluation Cnteda 2 8 12 2 24 $2,294 7 ~elect P~e~.,,ed Alternative / Cost Estimate 6 12 16 2 36 $3,634 8 ~evise and Update the Technical Memorandum 6 2 12 12 4 36 $2,932 SuMotal: 36 1~[0 3~ I 156 96 i 33 363 $42,416 Subconsultants TOTAL FEE FOR INITIAL ENGINEERING SERVICES I $99,731 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: PUBLIC HEARING ON ORDINANCE RECODIFYING AND AMENDING CH. 5.50 BMC AS CH. 18.06 BMC ENTITLED AMBULANCE SERVICES 5'ecwnd , -ord; xo, vxce_ do. 2. omment on back if necessary) 3. EXHIBITS: AL DUKE. [ef , Attom~? '~'-~,.....-~ FIS~DGET CHAIRMAN OPERATIONS CHAIRMAN FOR AGENDA: 'F'~o. 12, 2¢¢2 and Feb. 19, 2003 ORIGINATING DEPT: Fire Department ORIGINATOR: Al Duke DATE SUBMITTED: January 30, 2003 PROPOSED ORDiNANCE APPROVED FOR SUBMITTAL: COUNCIL PRESIDENT . /j/...; ~. MAYOR 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The proposed ordinance would recodify Chapter 5.50 BMC as Chapter 18.06 and update the provisions relating to licensing of ambulance services, filing and approval of ambulance rates, and enforcement of violations of the chapter. 5. RECOMMENDATION: 7. NOTICE OF ACTION: PULLED[--] TABLED[-] COUNCIL DIRECTIVE: APPROVED[~ 6. RESPONSIBLE OFFICIAL: Fire Chief ENFORCEMENT OFFICIAL: Fire Chief EXPIRATION DATE: n/a REVIEW DATE: n/a 8. AGENDA BILL NO.: 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING, BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: ORDINANCE NO. 4 ~ ~ AN ORDINANCE of the City Council of the City of Bremerton, Washington, recodifying Chapter 5.50 of the Bremerton Municipal Code entitled "Ambulances" as Chapter 18.06 entitled "Ambulance Services" and further amending said chapter by updating its provisions relating to licensing, inspections, and filing of rates with the City and by making other amendments. WHEREAS, the Chapter 5.50 of the Bremerton Municipal Code entitled "Ambulances" would be mom appropriately codified as a chapter within the Fire Code, Title 18; and WHEREAS, the current provisions of Chapter 5.50 of the Bmmerton Municipal Code relating to licensing of ambulance services and filing and approval of ambulance rates are overly burdensome and result in an unnecessary process for licensing by the City and approval of the rates by the City Council; and WHEREAS, the City Council desires to update the provisions of Chapter 5.50 to remove the provisions relating to approval by the City Council of rates charged by ambulance services within the City, to modify the licensing requirements, and to provide for more effective enforcement of violations of the chapter, including enforcement pursuant to Chapter 1.04 BMC; and WHEREAS, the City Council also desires to make other amendments to Chapter 5.50 of the Bremerton Municipal Code to update its provisions; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 5.50 of the Bremerton Municipal Code entitled "Ambulances" is hereby recodified as Chapter 18.06 and further amended to read as follows: Chapter 5.5018.06 A~2ULANCESAMBULANCE SERVICES 5.5~.~a!~18.06.010 DEFINITIONS. For the purposes of this chapter, the following definitions shall apply: (l) "Advanced life support" (ALS) means those services requiring medical treatment by a certified paramedic. 1 Ambulances (2) treatment. "Aid call" means any 911 initiated call, request or dispatch for emergency medical (3) "Ambulance" means any privately or publicly owned ground transportation vehicle that is especially designed, constructed, equipped, maintained or used for the transportation of patients who are sick, injured or otherwise incapacitated, which is operated as part of an ambulance service. (4) "Ambulance service" means any person, as defined in this section, who operates an ambulance for hire which is either stationed within or without the City or dispatched from within or without the City to pick up injured or sick fares within the City or which makes trips to the City, from points outside its City limits, for the purpose of transporting sick or injured fares from points within the City; Provided, however, That the provision of this chapter shall not apply to any ambulance which shall pass through the City in the delivery of fares picked up at points beyond the limits of the City. (5) "Basic life support" (BLS) means those medical services which can be performed by one who is a certified emergency medical technician. (6) "Cencom (911)" means the Central Communication Emergency Dispatch Center. (7) "Communication system" means two-way radio communications equipment necessary for communication between ambulances, dispatchers, hospitals and other agencies as needed, including those with a four-band multifrequency capability. (8) "Department" means City of Bremerton Fire Department. (g9) "Emergency" means a situation or patient condition (i) in which either of the administration of a drag (except oxygen) or initiation of an intravenous line is performed; or (ii) in which a person requesting ambulance assistance requires immediate response by medically trained personnel; or (iii) which an EMT would assess, in the interest of good patient care, to require the assistance of at least a paramedic certified pursuant to RCW 18.71 and regulations promulgated thereunder. (910) "Emergency medical technician" (EMT) means a person who is certified as such by the Secretary, pursuant to RCW 18.73 and regulations promulgated thereunder. (4-011) "Mutual aid" refers to situations in which a licensed non-emergency BLS ambulance service is required, as determined by the F4~ Department, to make ambulances and personnel available for emergency response under the City's direction. (t4-12) "Patient" means an individual who is sick, injured, wounded or otherwise incapacitated or helpless. 2 Ambulances (4g1~3) "Person" means any individual, firm, partnership, association, corporation, company, or group of individuals acting together for a common purpose or organization of any kind, including any governmental agency other than the United States. (-1-314) "Secretary" means the Secretary of the Department of Health of the State of Washington. 5.50.~2018.06.020 APPLICABILITY. (a) The provisions of this chapter shall apply to nonemergency BLS ambulance services operating within the City of Bremerton limits. (b) Ambulance services providing ALS and BLS interfacility transports shall follow the guidelines established under RCW 18.71, Kitsap County EMS Council and Kitsap County Medical Program Director. 5.5~.~2018.06.030 LICENSE REQUIRED - APPLICATION. (a) No person, firm, or corporation shall operate or cause to be operated an ambulance or ambulance service within the City without first obtaining a r-eguiato~ tic-~mseWashington State verification and license in addition to a City business license. No person, firm, or corporation~ (other than the ~ Department)-_,_shall operate or cause to be operated emergency ALS ambulance service within the City limits, except as provided in Section 5.59.12918.06.090. (b) An application for a business license to operate an ambulance or ambulance service shall contain the following information: (1) A description of each ambulance, including the make, model, year of manufacture, motor chassis and VIN number, together with current state license number; the length of time the ambulance has been in use and the color scheme, insignia, name, monogram or other distinguishing characteristics to be used to designate applicant's ambulance. (2) The location and description of the place or places from which the ambulance service is intended to operate and the number of licensed EMT's to be initially employed. (3) In the event that the applicant is granted a license, the applicant shall be required to immediately update its application when there is a change in any of the items listed on the application. The failure of the license holder to update its application upon a change in any of the required items will result in a violation of this chapter. (c) Upon receiving an application and the fee, the City Clerk shall forward the application to the Fire Chief for review and approval. No license shall be issued unless the Fire Chief is satisfied, pursuant to policies duly adopted, that (1) the applicant is properly certified by the State; (2) the applicant's facilities, ambulances, and equipment meet State and local standards; (3) employees of applicant are EMT certified and in good standing; (4) a record check of the applicant and its employees shows no criminal convictions within five years prior to the 3 Ambulances date of application of federal, state or local laws involving the custody of incapacitated persons, the custody of narcotic or controlled substances, or the use of motor vehicles; (5) the applicant has fulfilled all the requirements of the laws of the state, including, but not limited to, RCW Chapter 18.73 and WAC 248-17, as those chapters currently exist or are hereafter amended, pertaining to emergency medical care and transportation services and ambulance roles and regulations; (6) the applicant has met all the requirements of this chapter; (7) all personnel ploy dbyth ppli antareli em e e a c · ~vv ....... state certified and have regular emergency vehicle driving training. ~$Ih04018.06.040 INSURANCE. Applicant Each ambulance service shall obtain from a reputable insurance company and, at all times, maintain in full force the following insurance in the amount of not less than $1,000,000.00 each: (1) comprehensive general liability, (2) automobile liability for all vehicles, and (3) professional liability. Applicant shall provide an insurance certificate to this effect, naming the City of Bremerton as an additional insured on the comprehensive general liability and automobile liability policies prior to the issuance of a business license. Such policies shall also provide for not less than thirty (30) days written notice, to the City Clerk of intended cancellation of coverage. The cancellation and/or termination of any such policy shall automatically revoke and terminate any business license issued for the ambulance service, unless a substitute insurance policy complying with the provisions of this section shall be provided and be in effect at or prior to the time of such cancellation or termination. 4 Ambulances ~.50.95918.06.050 AMBULANCES AND EQUIPMENT. (a) Ambulances shall be maintained and inspected pursuant to requirements from time to time adopted by the Secretary. All tie~a-a~ambulance services shall provide the Fire Department with copies of reports of inspection submitted to the Secretary pursuant to RCW 18.73.145. (b) Inspection by the City: In addition to any other inspection required by state law, the r4~ Department shall inspect the records, equipment, and accessories of all ambulance services ........................ ~,~. l~a:tup to twice annually at the discretion of the Additionally, the Fq~-Department shall conduct individual inspections of~an ambulance service within three days of the receipt of any complaint about the !~zcnszeambulance service. Notwithstanding the above required inspections or any other provision of this chapter, the Fire Department may, at all reasonable times, inspect the records, equipment and accessories of any ........................ v,,~ambulance service. (c) The licensee ambulance service shall pay an inspection fee for each semiammat inspection required under this chapter. Each !itCh:SC :hall and further shall.pay an inspection fee as set forth in Chapter 3.01 BMC for each inspection prompted by complaint; Provided, however, That no complaint-prompted inspection fee shall be paid where the Chief of the ~ememm~q{~ Department has determined the complaint to be unwarranted and without substantial merit. All inspection fees shall be prepaid to the City Treasurer. Proof of payment must be provided before inspections commence. Any deficiencies identified during inspection shall be remedied within 30 days or the ambulance service business license shall be subject to ~ or-revocation. (d) All ambulances and equipment storage and cleaning areas shall be subject to inspection by the Fire Department, during operating hours, to ensure that they are maintained in a clean and functional state. Disinfection or chemical sterilization of reusable equipment must meet guidelines established by the National Center for Disease Control. (e) Licensees Each ambulance service shall take immediate action to eliminate any unsanitary condition upon becoming aware of such and shall immediately correct any unsafe situation as directed by the Fire Chief or the Secretary by written notice. 5 Ambulances (f) Ambulances shall not be used without the minimum equipment prescribed by the Secretary. In the event a variance from said requirements is granted by the State, the licensee ~'~:~ ~:~:~ ...... : ....· ..... nonfy th Dep . must ....... ~ ~ ' ~;-- .................. e .... artment of the variance granted 5.5~.09018.06.060 PERFORMANCE STANDARDS - COMPLIANCE - RECORDS. (a) All services performed hereunder shall be in accordance with the standards and principles of the course of instruction given EMTs or paramedics, as the case may be, by the State, and pursuant to local medical protocols established from time to time by the Kitsap County Medical Program Director. (b) Records of 911 initiated calls shall be logged by ambulance crews and shall include the appearance and status of and treatment administered to injured, sick, or incapacitated persons treated or transported. Copies of such records shall be mailed or otherwise delivered to the Kitsap County EMS Office on a ~,veegtg-monthly basis, or more often if requested for good cause. Subject to the requirements of the State Public Disclosure Act, such records shall be confidential and shall be released only to proper officials of the City or Kitsap County EMS Office. ~,~o0~t0018.06.070 EMERGENCY NOTIFICATION. In the event a call for emergency medical assistance is received by !iceng~e an ambulance service or a representative thereof, the caller shall be directed to call Cencom (9-1-1) and the ambulance company service representative shall also call Cencom (9-1-1). 5.50.!I018.06.080 RESPONSE TO 911 INITIATED AID CALLS. (a) At each aid call to which a City Fire Department ambulance responds, the Fire Department officer in charge shall determine whether the patient is in need of advanced life support (ALS) or basic life support (BLS) services. If the officer decides that the patient is in need of advanced life support services, the patient shall be transported to a hospital in a ~ Department ambulance if available. Provided, however, If the patient's medical interests would be best served by transporting the patient by private ambulance, the officer in charge may arrange for the patient to be transported in that manner. (b) No effort shall be made by t-Jae-tieease~an ambulance service to assume the custody of a patient before release of custody has been made by the ~Department officer in charge. (c) It is unlawful for an ambulance service-tic-ease~, in responding by vehicle to any call requested by the t~r-emaemm--g~ Department, to use emergency lighting or siren, unless (1) responding to emergencies or transporting a patient in accordance with the mutual aid provisions of this chapter or (2) directed to do so by th~aemm-r4~ Department. (d) In the event them is more than one ~ambulance service operating in the City which seeks to participate in the 911 aid calls, a representative and/or representatives from each ambulance service shall meet and devise a rotation schedule that shall be submitted to the City Clerk. Said schedule shall: (1) provide for only one company to respond to 911 initiated aid 6 Ambulances calls during any given month; (2) include a 12 month rotation; (3) be amended only upon 30 day notification to the City Clerk; and (4) provide for substitution by other ambulance service companies in the rotation under circumstances where an ambulance service has no ambulances available to provide service during its rotation. In the event a schedule is not submitted, the City Clerk shall prepare a rotation schedule that shall control the assignment of 911 aid calls to ambulance services licensed under this chapter. (e) Each !!ccn:cc under thi: cha?tcrambulance service shall keep available an adequate supply of ambulances, personnel and equipment which will enable it to respond to a 911 call for assistance within ten (10) minutes of the time of the request 90% of the time, and within fifteen (15) minutes the remainder of the time. Response times shall be measured from the time of request for service is made from Cencom until the !~cc;n~ee ambulance service arrives at the scene. The tic~vase~-ambulance service shall submit monthly reports at the conclusion of its rotation stating response times for all emergency calls served during its rotation. (0 In the event that the t4c--e~ase~ambulance service has no ambulances available for emergency calls during its rotation, the tiee~se~-ambulance service shall immediately advise the ~ Department and Cencom of such conditions, and shall further advise that the !]ecnzcc ambulance service is unavailable to respond to any emergency until further notification. A 5.50.!2018.06.090 MUTUAL AID. (a) :r4,,e4ic-evase~Each ambulance service shall cooperate with any request by the ~ Department for mutual aid assistance within Kitsap County. (b) L~cenge: Each ambulance service shall equip its vehicles with radios capable of receiving and transmitting on City and County Fire Department frequencies, which frequencies shall be used by licensees only in the event of a request for service or a mutual aid situation described herein. 5.50.!~18.06.100 RATES - FILING REQUIRED. c' ..... :~ .... :~ .... :~ :" ' 91! Each ambulance service shall file and keep on file with the City Clerk its current schedule of rates to be charged for services. Such schedule or rates shall be a matter of public record open to public inspection in the City Clerk's office during normal city business hours and 7 Ambulances such schedule must be adhered to by the licensee throughout the period for which the license is issued. SWolM4018.06.110 DENIAL OR REVOCATION OF LICENSE ..... AL, Any application for a business license and any business license issued pursuant to Chapter 5.02 BMC may be denied or revoked for a violation of the provisions of this chapter pursuant to the procedures set forth in Chapter 5.02 BMC relating to the denial and revocation of general business licenses. ~va0J4018.06.120 o~nT/, · ~v ............. VIOLATION-PENALTY. (a) Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and enforcement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to Section 1.12.020(2) BMC. Each day, or a portion thereof, during which a violation occurs shall constitute a separate violation. SECTION 2. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ,2003 PASSED by the City Council the day of ,2003 Approved this day of CAROL ARENDS, Council President ,2003 ATTEST: CARY BOZEMAN, Mayor APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney 8 Ambulances PUBLISHED the day of EFFECTIVE the _day of ORDINANCE NO. R:~LEGAL\Ordinances\Ambulances-Ch. 5.50.doc ,2003 ,2003 9 Ambulances