HomeMy WebLinkAbout02/19/03 AGENDAFILE
239 4th Street · Bremerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251
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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
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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.
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12/21 ~2002
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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
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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.
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(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
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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.
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~.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.
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(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
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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
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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
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PUBLISHED the day of
EFFECTIVE the _day of
ORDINANCE NO.
R:~LEGAL\Ordinances\Ambulances-Ch. 5.50.doc
,2003
,2003
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