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HomeMy WebLinkAbout01/27/99 AGENDABREMERTON CITY COUNCIL '~ ' 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA JANUARY 27, 1999 1. CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business 2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion. If separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. A. Motion to Ratify Settlement of Garcia v. City of Bremerton et al. #AB99-017 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. LEGISLATIVE REPORT 8. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) 9. NEW BUSINESS A. Bid Award for Callow Avenue Priority II Storm #AB99-018 z~ Drainage Project B. Workers Compensation Claims Administration Contract #AB99-019 ~ Extension 10. ORDINANCES A. Ordinance No. 4646 (Second Reading) Naming the #AB99-015 g~_~ New SR304 Roadway Alignment West of First Street "Charleston Boulevard", AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: January 27. 1999 Motion to Ratify Settlement ORIGINATING DEPT: Legal of Garcia v City of Bremerton et al. ORIGINATOR: Glenna Malanca, City Attorney DATE SUBMITTED: January 20, 1999 2. CLEARANCES: '7 (Comment on back if necessary) 3. EXHIBITS: ~l'~d~a~alanc~, City Attorney Ope r~t~e e~C h~ n~~ ENDORSEMENT ~ INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR~/SUBMITTAL: 4. SUMMARX STATEMENT AND REQUIREMENT FOR COUNCIL ACTI~ON: The City Attorney requests that settlement of claims and litigation exceeding staff's settlement authority be ratified by the City Council. This request relates only to 1998 settlements, and is a component of suggested new procedures for settlements requiring approval by the City Council. The only known settlement and/or litigation is the Stanley Garcia matter, settled in May of 1998 for $400,000. Litigation that has gone to trial or otherwise resulted in a cour~ judgment does not require Council approval. This action can be taken by motion. 8. RECOMMENDATION: Record Motion: Approve Garcia v City of Bremerton et al., settlement of May,' 1998, in the amount of $400,000. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: ~ ~ 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: COUNCIL DIRECTIVE: A ENDA BILL NO.: 017 (OVER) 5. IMPACT OF NON-PASSAGE: No evidence of approval of payment. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES~ EQUIPMENT OR OT~1~R RESOURCES: None. 7. RESEARCH SOURCES: Motion to Ratify Settlement - 1/19/99 OFFICE OF CITY ATTORNEY 239 4th Street · Bremerton, Washington 98337 · (360) 478-5345 · lAX (360) 478-5161 · E-mail: legal@¢i.bremerton.wa.us DATE: January 19, 1999 TO: City Council Members Mayor Horton FROM: Glenna Malanca, City Attorney RE: Motion to Ratify Settlemem The attached Agenda Bill for committee approval is regarding a suit filed against the City, for which settlement approval was granted during a Council Executive Session. No evidence of approval has been recorded in to the' minutes as of this time. A Settlement and Confidentiality Agreemem was signed by all parties, which required no discussion of issues or terms ofsettlemem by either party within the limits of the law. The Agenda Bill need only be placed on the Consent Agenda ratif3dng ~t as previous, y approve~ ~by City Council. This office will be recommending final action on all future settlements be by motion aiter executive session consensus. This can be considered a housekeeping item to ensure legality of the Council approval. Equal Oppo~unity Employer AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Callow Avenue Basin Priority 2 FOR AGENDA OF: January 2'/, 1999 Storm Drainage Separation ORIGINATING DEPT: PW&U Engineering Div. Bid Award ORIGINATOR: Randy Witt, City Engineer~,_.,~ DATE SUBMITTED: January 12, 1999 2. Directo~tilities .~?'_)~'~k'-~,q ~ ~ Map ^ ome abu t on City Treasurer Purchasing Agent Council Budget & Finance Commi~, _~__Q~_. ~:~'~~ Operations Committee ENDORSEMENT k- INFG~TION APPROVED BY COUNCIL PRESIDEN. TFOR.-SOBM~TAL: 4AYO 7 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Callow Avenue Basin Priority 2 Storm Drainage Separation project will separate street stormwater from combined sewers in the Callow Avenue basin, and direct flow to the previously constructed Callow Avenue improvements. Bids were opened for this project on January 7, 1999. Ten responsive bids for this project were received. The Iow bid was from Mid Mountain Contractors, Inc. at $921,985.00, including sales tax. Upon City review of Mid Mountain Contractors bid, the unit price written in their Proposal for Bid Item No. 21, "Storm Drain Manhole, Type 1", was inadvertently written as "One Thousand Eight Dollars" instead of "One Thousand Eight Hundred Dollars", as intended. The latter figure is consistent with the item total. The City considers this to be an insubstantial variance from the bidding requirements, with no advantage given over other bidders. The City has corrected the Proposal to reflect the intended amount of "One Thousand Eight Hundred Dollars". Funding for this project is provided from the Department of Ecology Centennial Clean Water Fund loan and a Public Works Trust Fund loan. The action before the City Council is approval of a contract with Mid Mountain Contractors for construction of the Callow Avenue Basin Priority 2 Storm Drainage Separation Project. 5. RECOMMENDATION: The City Council approve approve a comract for $921,985.00 with Mid Mountain Contractors, Inc. for the Callow Priority 2 Storm Drainage Separation Project, and authorize the Mayor to execute the same. 9. RESPONSIBLE OFFICIAL: Dir PW & Utit ENFORCEMENT OFFICIAL: Dir PW & Util EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE 11. AGENDA BILL 2. CLEARANCE COMMENTS: 3. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation 6. IMPACT ON NON-PASSAGE: Separation of street stormwater from the combined sewers in this particular area of the Callow Avenue basin will not occur and the loan funds available for City use will not be available. 7. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Staffing: 2400 staff hours for construction administration and inspection. Budget: This project is included in the 1999 budget as part of the Callow Avenue Basin Priority 2 Storm Drainage Separation item. An expenditure from the Wastewater Capital Fund of $921,985 is necessary. Facilities/Equipment: No impact. 7. RESEARCH SOURCES AGENDABL CITY OF BREMERTON BID TABULATION BIO'tITLE: DA~ OPENED: I ~ER ITEM 1 ITEM 2 I~M 3 ITEM 4 ~ ITEM 5 NET BID T~ TOTAL I SUMMARY TOTAL BID COMMENTS CITY OF BREMERTON BID TABULATION BIO TITLE: /"~ ~ ~Cr~ ~ _~1~_.~ OPENED BY DA~OPENED: t/~ / ~ TIME OPENED: ~'~ RECORDED BY I ~ER ITEM 1 ITEM 2 I~M 3 ITEM 4 ITEM 5 NET BID T~ TOTAL SUMMARY TOTAL BID COMMENTS LO'~ AGEND~ BILL BREMERTON CITY COUNCIL 1. SU~ECT: W.C. Claims FOR AGENDA OF: January 27, 1999~c1~ Administration Contract ORIGINATING DEFT: Admin. Service~/~ Extension ORIGINATOR: P, Lesser DATE SUBMITTED: January 14, 1999 2. P~L~E~LC~: (comment on back 3. EXHIBITS: if necessary) ~/ Underlying contract Admin. ServiCes~:~- Y.~..~ Fiscal & Budget Operations ~-~.~.~-~~ ENDORSEMENT~ INFORMATION APPROVED BY COUNCIL PRESIDENT/FO~/su~MITTAL: f --..~ MAYOR · ~ COUNCIL PRESIDENT .. 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL A~TIO~: The City self-insures its workers' compensation obligations and utilizes the services of a third party claims administrator to make claim payments. In March 1996, the city selected Johnston & Culberson to administer its claims after a formal RFP process. The current contract with Johnston & Culberson expires January 31, 1999 and the City wishes to extend it for one additional year. The annual fee for this service will be $14,300 for the first 50 claims and $272 per claim for each claim after the first 50. 8. RECOMMENDATION: Motion to approve the amendatory endorsement to the professional service agreement with Johnston & Culberson. 9. RESPONSIBLE OFFICIAL: P. Lesser ENFORCEMENT OFFICIAL: P. Lesser EXPIRATION DATE: REVIEW DATE: 9/1/99 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE: DATE: 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont,): 5. IMPACT ON NON-PASSAGE: The City will be without claims administration services. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES, EOUIPMENT OR OTHER RESOURCES Sufficient money has been budgeted for 1999. The annual fee is 4.8% higher than the cost for the previous 17 months. 7. RESEARCH SOURCES: JOHNSTON CULBERSON AMENDATORY ENDORSEMENT City of Bremerton This Amendatory Endorsement, which shall become effective, February 1, 1999, and continue through January 31, 2000, is entered into by Johnston & Culberson, Inc., hereinafter called "Service Company" and City of Bremerton, hereinafter called "Employer". IT IS AGREED THAT: Item 4 of the March 1, 1996, Service Agreement is changed to reflect the following new fee: 4. SERVICE FEE: Employer agrees to pay fees defined in A & B below as service charge to Service Company. Those expenses in C, D & E will be borne by the Employer as necessary. A. For ail Claims, Statistical and Accounting Services outlined herein, Employer agrees to pay Service Company fees of $14,300, billed quarterly in advance, for the first 50 claims, $272 per claim thereafter. B. Loss Control Services: For Loss Control Services as defined herein, as requested, Employer agrees to pay Service Company $85 per hour for on-site consulting. C. All legal and allocated claims service expenses which are incurred in the litigation of any claim will be paid by the Employer. D. All costs of printing necessary forms, archive claim storage and retrieval fees and all costs for First Aid/CPR training materials or materials used in developing audio-visual training programs, including associated shipping and handling and other incidental and special costs incurred in the provision of Loss Control Services will be paid by Employer. E. A service charge of 1% per month (12% per annum), will be applied on all outstanding invoices 30 days after date of invoice. IN WETNESS WHEREOF, the parties have caused this Amendato~ Endorsement to be executed by the persons authorized to act in their respective names. Signed this ~ of ,1999. Johnston & Culberson, Inc. ~ B Title.'-~Executive Vice President City of Bremerton By: Title: ~m~..~ JOHNSTON [] CULBERSON AMENDATORY ENDORSEMENT City of Bremerton This Amendatory Endorsement, which shall become effective, February 1, 1999, and continue through January 31, 2000, is entered into by Johnston & Cuiberson, Inc., hereinafter called "Service Companf' and City of Bremerton, hereinat~er called "Employer". IT IS AGREED THAT: Item 4 of the March 1, 1996, Service Agreement is changed to reflect the following new fee: 4. SERVICE FEE: Employer agrees to pay fees defined in A & B below as service charge to Service Company. Those expenses in C, D & E will be borne by the Employer as necessary. A. For all Claims, Statistical and Accounting Services outlined herein, Employer agrees to pay Service Company fees of $14,300, billed quarterly in advance, for the first 50 claims, $272 per claim thereafter. B. Loss Control Services: For Loss Control Services as defined herein, as requested, Employer agrees to pay Service Company $85 per hour for on-site consulting. C. All legal and allocated claims service expenses which are incurred in the litigation of any claim will be paid by the Employer. D. All costs of printing necessary forms, archive claim storage and retrieval fees and all costs for First Aid/CPR training materials or materials used in developing audio-visual training programs, including associated shipping and handling and other incidental and special costs incurred in the provision of Loss Control Services will be paid by Employer. E. A service charge of 1% per month (12% per annum), will be applied on all outstanding invoices 30 days after date of invoice. IN WITNESS WHEREOF, the parties have caused this Amendatory Endorsement to be executed by the persons authorized to act in their respective names. Signed this ~ of ,1999. Johnston & Culberson, Inc. By: ecutive Vice President red R. Culberson .' City of Bremerton ... :::::. By: Title: t~,m~m~,..ot~ ' ' JOHIXiSTON SERVICE AGREEMENT TI~S AGREEMENT, made and entered into March 1, 1996, between Johnston & Cuiberson, Inc., a Delaware corporation, hereina~er called "Service Company" and City of Bremerton, hereina~er called "Employer". WITNESS THAT: WI:rEREAS, Service Company is in the business of providing advice and administrative assistance as an independent contractor to Washington Self-Insured Employers subject to Workers' Compensation Law as defined, and WItEREAS, Employer desires to employ Service Company as the claims administrator for its self- insured workers' compensation claims. TI:i-EREFORE, in consideration of the promises, covenants and obligations of the parties hereinafter set forth, it is agreed as follows: 1. DEFINITIONS: For purposes of this Agreement, the terms herein are understood and agreed to be defined as follows: A. "Workers' Compensation Laws": With respect to the State of Washington shall include Title 51 of the Industrial Insurance Laws of the State of Washington. B. "Premium" is the workers' compensation premium required by the Workers' Compensation Laws which Employer otherwise would be required to pay of it were not a Self-Insured employer; such premiums are based on the Washington payroll hours of Employer and are determined by the rules, rates and experience modification provisions of the Workers' Compensation Laws. Until sufficient information is available to compute an experience modification factor, manual rates will be utilized. C. "Paid Claims Losses" are defined as all payments by Employer to workers for compensation, medical services, drugs, prosthetic devices, rehabilitation, transportation and any and all other benefits and payments required under said Workers' Compensation Laws. D. "Unallocated Claims Services" are defined as all normal administrative, investigative and adjustment services relating to a specific accident or occupational disease, including but not limited to: supervision of and timely issuance of checks for workers' compensation claims and mandatory vocational rehabilitation obligations to workers under the Workers' Compensation Laws as they become due and prior to delinquency; maintenance of all records required by the Workers' Compensation Laws or any agency charged with their enforcement, including records of all claims, statistical services, as defined in 1F below; documentation of all payment requests for workers and vendor; periodic calculation of Employer's premium as defined in lB; preparation and filing on or before the applicable due date of all reports, statements or other documents requked under the Workers' Compensation Laws; coordination with Washington Department of Labor & Industries as required; representation of Employer at all Heatings before the Board of Industrial Insurance Appeals and the Department of Labor & Industries of the State of Washington, where, in the opinion of Service Company, an attorney is not required; consultation w/th and concurrence fi.om Employer before appointing legal counsel, when required; supervision and management of mandatory vocational rehabilitation for qualified injured workers of Employer; assistance in the selection of and subsequent supervision of outside parties classified under Allocated Claims Services and costs thereof, as defined in 1E below. All such activities shall be carried out pursuant to the terms of this agreement by salaried employees of Service Company. E. "Allocated Claims Service" costs are defined as the costs relating to specific accidents or occupational disease which costs are not related to Unallocated Claims Services as defined in 1D of this Agreement. Allocated Claims Services costs include, but are not limited to: court costs, court depositions, transcripts, subpoena costs, costs and materials for expert witnesses involving medical, legal or chemical questions, outside attorney fees, private investigation fees, vocational rehabilitation fees for qualified injured employees of Employer and any similar costs or expenses properly chargeable to the defense of a particular claim or to the protection of the subrogation rights of Employer not otherwise provided for under 1D of this Agreement. Allocated Claims Service costs are paid out of Employer's workers' compensation checking account with prior approval of Employer. F. "Statistical Services" are defined as the five (5) following reports to be produced by Service Company and distributed on a regular and timely basis to Employer. (1) Monthly Loss Analysis (2) Monthly Loss Summary (3) Weekly Check List (4) Monthly Check Register (5) Annual Financial Report Additional reports may be furnished by Service Company upon request of Employer, at fees agreed upon by both parties. 2. SERVICE COMPANY OBLIGATIONS: Service Company agrees to provide the following services to or on behalf of Employer. A. Unallocated Claims Services as defined in ID above, B. Statistical Services as defined in 1F above; 2 C. Loss Control Senrices and Training Programs as provided and set forth in the written proposal which include but are not limited to the following: (1) Advice and consultation on a regular basis, including safety inspections, safety committee involvement, supervisory training, noise level surveys, industrial hygiene testing, and recommendations on use of personal protective equipment. (2) Providing information relating to specific safety topics as appropriate. (3) Loss Control Andits (4) Assistance in implementing Employer Loss Control Programs Neither the right to provide these services and recommendations, nor the providing thereof nor any report thereon, shall constitute a representation by Service Company that such work places, operations and machinery are safe. D. Service Company shall use due care and reasonable diligence in the exercise of its powers and the performance of its duties under this Agreement. Service Company agrees to indemnify and hold harmless Employer and its directors, officers and employees against any and all losses, claims, lawsuits, settlements, judgment costs, penalties and expenses, including attorney's fees resulting or arising out of the negligent, dishonest, fraudulent or criminal acts of Service Company in carrying out its duties under this Agreement. [ v.../ Service Company shall provide the Employer with on-going proof that it maintains ~' current Professional Liability insurance coverage with minimum limits of $1,000,000. 3. EMPLOYER OBLIGATIONS: Employer agrees that it will: A. Forward promptly to Service Company all reports of industrial or occupational diseases and workers' notices, complaints and correspondence relating to such claims. B. Cooperate with Service Company in regard to the administration of Claims and Loss Control Programs. C. Provide Service Company with appropriate payroll, financial and organizational information necessary for the completion of required State reports. D. Provide Service Company with sufficient data input for coding of administration units, locations and departments, for monthly Loss Analysis and Loss Summaries. E. Establish a checking account for Workers' Compensation expenditures and fund as necessary to insure sufficient amounts are present to pay all checks. F. Provide Service Company, on a timely basis, all pertinent Excess Insurance reporting requirements and]or reporting modifications for all annual periods for which claims administration services are provided. 3 G. Employer agrees during the term of this Agreement and for a period of one (1) year following its termination, it will not employ any person employed by Service Company during the terms of this Agreement without the prior written consent of Service Company. H. Indemnify and hold harmless Service Company and its directors, officers and employees against any and all claims, losses, settlements, judgment costs, penalties and expenses, including attorney's fees, resulting fi-om or arising out of any functions of Service Company under this Agreement, or a claim for benefits under the applicable workers' compensation law, unless it is determined that liability therefore was the consequence of negligent, dishonest, fi-audulent or criminal acts of Service Company or any of its directors, officers or employees. 4. SERVICE FEES: A. Takeover Fee: For the assumption and future management of all claims incurred prior to the March 1, 1996, takeover date, Employer agrees to pay Service company a one-time fee of $150 for each open indemnity file. Ongoing Fees: For all Claims, Statistical and Accounting Services outlined herein, Employer agrees to pay Service Company annual fees of $12,500, billed quarterly in advance, for the first 50 claims, $240 per claim thereafter. B. Loss Control Services: For Loss Control Services as defined herein, as requested, Employer agrees to pay Service Company $80 per hour for on-site consulting. C All Allocated Claims Services expenses which are incurred in the litigation of any claim will be paid by Employer. D All costs of printing necessary forms and checks, archive claim storage and retrieval fees. and all costs for First Aid/CPR training materials or materials used in developing audio/visual training programs, including associated shipping and handling and other incidental and special costs incurred in the provision of Loss Control Services will be paid by Employer. D. A service charge of t% per month (12% per annum) will be applied to all outstanding invoices thirty (30) days after date of invoice. 4 5. TERMINATION PROVISIONS: A. Either parry may terminate this Agreement for any reason upon sixty (60) days written notice to the other party. B. Upon termination of service by written notice, a final accounting will be made of the fees payable to Service Company and any funds belonging to Employer in possession of Service Company, and any balance due either party will be promptly paid by the debtor parry. C. Upon termination by Employer and as soon as reasonably practical, Service Company will turn over all claims files and ancillary work products on those claims to Employer or its designated representative. At a cost to be negotiated at the time of termination, Service Company may continue to administer existing claims at the request of Employer. 6. CONFIDENTIAl JTY: It is understood and agreed that all statistical, financial and personnel data relating to Employer or any of its employees provided to Service Company by Employer, or any employee thereof, pursuant to this Agreement is confidential, and Service Company and its employees shall keep such information in the strictest confidence except to the extent necessary to perform the services to be rendered hereunder. 7. ASSIGNMENT: Neither this Agreement, nor any part thereof, shall be assignable by Service Company, whether by operation of law or otherwise, without the prior written consent of Employer. Any attempted assignment without such prior written consent shall be null and void. 8. GOVERNING LAW: This Agreement shall be construed under and governed by the laws of the State of Washington. 9. ENTIRE AGREEMENT: This entire Agreement between the parties is set forth herein. This Agreement supersedes and invalidates all previous agreements, both written and oral. It may not be amended orally and neither party shall be bound by any modification unless made in writing and signed by an authorized representative of the parties. No term or condition of this Agreement shall be deemed to have been waived nor shall there be an estoppel to enforce any provisions of this Agreement, except by a statement in writing signed by the party against whom enforcement of the waiver or estoppel is sought. 5 IN WITNESS Wlt-EREOF, the parties have caused this Agreement to be executed by the persons authorized to act in their respective names. Signed this c'~°2 day of "'&e_~co~ , 1996. Jom~sToN & c~s~,~soN, INc. By~~'f~)~_~: Executive Vice President CITY OF BREMERTON By: ~~.~. 7~//~ Title: 6 ,uOHiX]STON CULBERSOI, AMENDATORY ENDORSEMENT City of Bremerton This Amendatory Endorsement, which shall become eff'ective, October 1, 1996, entered into by Johnston & Culberson, Inc., hereinafter called "Service Company" and City of Bremerton, hereinafter called "Employer". IT IS AGREED THAT: Item 4 of the Service Agreement is changed to reflect the following new fee: 4. SERVICE FEE: Employer agrees to pay fees defined in A, B & C below as service charge to Service Company. Those expenses in D, E & F will be borne by the Employer as necessary. A. Takeover Fee: For the assumption and future management of all claims incurred prior to the March 1, 1996, takeover date, Employer agrees to pay Service Company a one-time fee of $150 for each open indemnity file. Ongoing Fees: For all Claims, Statistical and Accounting Services outlined herein, Employer agrees to pay Service Company annual fees of $12,500, billed quarterly in advance, for the first 50 claims, $240 per claim therea_,~er. .., B. Loss Control Services: For Loss Control Services as defined herein, as requested, Employer agrees to pay Service Company $80 per hour for on-site consulting. C. Employer agrees to pay Service Company fifteen percent (15%) of medical fee reduction savings and thirty percent (30%) of PPO-related savings billed to the respective claim files. D. Ail legal and allocated claims service expenses which are incurred in the litigation of any claim will be paid by the Employer. E. All costs of printing necessary forms and checks, archive claim storage and retrieval fees and all costs for First Aid/CPR training materials or materials used in developing audio-visual training programs, including associated shipping and handling and other incidental and special costs incurred in the provision of Loss Control Services will be paid by Employer. F. A service charge of 1% per month (12% per annum), w/il be applied on all outstanding invoices 30 days aRer date of invoice. IN WITNESS WI:rEREOF, the parties have caused this Amendatory Endorsement to be executed by the persons authorized to act in their respective names. Signed this ~ of ,1996. Johnston & Culberson, Inc. .~~~~~l"fft'~ Executive Vice President By Fred R. Culberson City of Bremerton By: Title: b~,~m~.m ,,OHNSTON CULBERSON AMENDATORY ENDORSEMENT City of Bremerton This Amcndatory Endorsement, which shall become effective, March 1, 1997, and continue through August 31, 1997, is entered into by Johnston & Cuiberson, Inc., hereinafter called "Service Company" and City of Bremerton, hereinafter called "Employer". IT IS AGREED THAT: Item 4 of the March 1, 1996, Service Agreement is changed to reflect the following new fee: 4. SERVICE FEE: Employer agrees to pay fees defined in A, B & C below as service charge to Service Company. Those expenses in D, E 8: F will be borne by the Employer as necessary.. A. For all Claims, Statistical and Accounting Services outlined herein, Employer agrees to pay Service Company fees of $6,560, billed quarterly in advance, for the first 25 claims,, $250 per claim thereafter. B. Loss Control Services: For Loss Control Serv/ces as defined herein, as requested, Employer agrees to pay Service Company $80 per hour for on-site consulting. C. Employer agrees to pay Service Company tilden percent (15%) of medical fee reduction savings and thirty percent (30%) of PPO-related savings billed to the respective claim files. D. All legal and allocated claims service expenses which are incurred in the litigation of any claim will be paid by the Employer. E. All costs of printing necessary, forms and checks, archive claim storage and retrieval fees and all costs for First Aid/CPR training materials or materials used in developing audio- visual training programs, including associated shipping and handling and other incidental and special costs incurred in the provision of Loss Control Services will be paid by Employer. F. A service charge of i % per month (i 2% per minton), x~-'dl be applied on all ours-~dh~g invoices 30 days after date of invoice. IN WITNESS WHEREOF, the parties have caused this Amendatory Endorsement to be executed bv the persons authorized to act in their respective names. Signed this "~ ~'g'of__ 1997. Johnston & Culberson. Inc. By:~~' ~ Executive Vice President Fred R. Culberson City of Bremerton By: Q2~ ~ff. ~ Title: ~?~ "'~"---- bremamev,.ctr JOHNSTON CULBERSON AMENDATORY ENDORSEMENT City. of Bremerton This Amendatorv Endorsement, which shall become effective, September 1. 1997, and continue through January 3 I, 1999, is entered into bv Johnston & Culberson, Inc., hereinafter called "Service Company" and City of Bremerton, hereinafter called "Employer". IT IS AGREED THAT: Item 4 of the March l, 1996, Service Agreement is changed to reflect the following new fee: 4. SERVICE FEE: Employer agrees to pay fees defined in A, B & C below as service charge to Service Company. Those expenses in D, E & F will be borne by the Employer as necessary. A. For all Claims, Statistical and Accounting Services outlined herein, Employer agrees to pay Service Company fees of$13,650, billed quarterly in advance, for the first 50 claims, $260 per claim thereafter. B. Loss Control Services: For Loss Control Services as defined herein, as requested, Employer agrees to pay Service Company $85 per hour for on-site consulting. C. Employer/~rees to pa,vd~ice Compan,3/~f~een percen, k(f5% )of mfid~/cal fee redu~ion savin:~s/and thirty.- per/~nt (00%) of P,l~,O-related saving4 billed to ~ respective claim file~. ~ -- -- / D. All legal and allocated claims service expenses which are incurred in the litigation of any claim will be paid bv the Employer. E. Ail costs of printing necessary forms, archive claim storage and retrieval fees and all costs for First Aid/CPR training materials or materials used in developing audio-visual training programs, including associated shipping and handling and other incidental and special costs incurred in the provision of Loss Control Services will be paid by Employer. F. A service charge of 1% per month (12% per annum), will be applied on all outstanding invoices 30 davs after date of invoice. IN WITNESS WHEREOF, the parties have caused this Amendatorv Endorsement to be executed by the persons authorized to act in their respective names. Signed this r-~5 of ~-x~c,.,r~ , 1997. By~ .... "- Title: Execu-h'ttve~Vice President Fred R. Culberson City of Bremerton AGENDA BILL BREMERTON C17T COUNCIL 1. SUBJECT: FOR AGENDA OF: January 20, 1999 Ordinance Number "Ot(t"q (t~. SR304 Transportation ORIGINATING DEPT: PW&U Engineering Div. Improvement Project-Naming the New Roadway ORIGINATOR: Randy Witt, City Engineer Alignmentga~ofFirst Street "Charleston Boulevard" DATE SUBMITTED: January 7, 1999 ,-9 2. CLEARANCES: (comment on bac~j~r,~sa~_.~, 3. EXHIBITS Director, Public Works/Utilities- ~/.'~'~~ ~ A. 1. Map City Attomey 2. Ordinance ~1~,. ,q 6> ~ 0, Heard at City Council Study Session~f 3"'a~ary ~4, 1999 3. Fall 1998 Gateway News Coupon ENDORSEMENT X' INFO~ON APPROVED BY COUNCIL PRESI~ENT,F©-R'~uBMI'I~AL: 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: One of the main features of the SR304 Transportation Improvement Project is the construction of a new roadway alignment south of First Street. This new alignment crosses Callow Avenue, Wycoff Avenue and Cambrian Avenue and, as such, requires that a single street name be established for its use. The development of the new street name was assigned to the project Citizen's Landscape. C,~rt~ittee. The Committee unanimously recommended that "Charleston Boulevard" be the name of the new roadway~o-'PFirst Street to SR3 Interchange. City Staff then solicited community input on the name through a City Council meeting presentation, Inside Bremerton presentation and a coupon in the Fall 1998 Gateway News. Community response overwhelmingly supported the use of "Charleston Boulevard". The roadway name will be implemented as the new street elements are constructed. Because of the limited access features of the project, only Kitsap Transit will have direct access onto the new roadway, and will be required to change their address. Staff supports passage of the attached ordinance naming SR304 from First Street to the SR3 Interchange to "Charleston Boulevard". 8. RECOMMENDATION: That the City Council (approve upon first reading/pass upon second reading) the attached Ordinance Number z~ establishing a new name for State Route 304 from First Street to the SR3 interchange as Charleston Boulevard. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: City Engineer EXPIRATION DATE: None REVIEW DATE: None 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED ~ ~ii~ED ~_- COUNCIL DIRECTIVE 11. AGENDA BILL NO: ~ - 0 t 5 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: A new roadway alignment requires a new street name because it crosses several streets. Should the Council not pass the attached ordinance at this time, consideration of a street name will need to be made again at a future date. 6. IMPACT ON STAFFING, BUDGETS, FACH,ITIES, EQUIPMENT OR OTHER RESOURCES: No impact on staffing budgets or facilities. 7. RESEARCH SOURCES AGENDABL/99006 ORDINANCE NO. 4646 An Ordinance naming the new State Route 304 (SR304) roadway alignment from First Street to the State Route 3 (SR3) interchange "Charleston Boulevard". WHEREAS, the City is the lead agency in the reconstruction of SR304; and, WHEREAS, the reconstruction of SR304 includes establishment of a new roadway aligmnent from First Street to the SR3 interchange; and, WHEREAS, the new roadway alignment needs to have a single name to eliminate public confusion and provide for public safety; and, WHEREAS, the project Citizens Landscape Committee unanimously recommended the name "Charleston Boulevard" for SR304 from First Street to the SR3 interchange; and, WHEREAS, the Bremerton community response to the proposed name overwhelmingly supports the use of "Charleston Boulevard" for SR304 from First Street to the SR3 interchange; now, therefore, The City of Bremerton does hereby ordain: 1. That SR304 from First Street to the SR3 interchange be named Charleston Boulevard. 2. That the new Charleston Boulevard street name be implemented with construction of the new street and implementation of the limited access features of the SR304 Transportation Improvement Project. APPROVED on first reading by the City Council of the City of Bremerton this day of ,1999. PASSED on second reading by the City Council of the City of Bremerton this day of ,1999. Mike Shepherd, Council President APPROVED this __ day of ., 1999. Lynn S. Horton, Mayor ATTEST: Kathleen L. McCluskey, City Clerk (~) £o-~oo~ ('V ]S~Hd) A~MHOIH O~A AA~N ~O0~-OOO~ ONid~aSON~ ~%X 3ON~ 66-~66~ NOIS3O / 66-~66 ~ NI (i 3S~Hd) 133WIS 7S ONV ~3JN3D NqlJ~J~OdSN~J NOJ~3~3~B HJI~ ]J~IO~OOD 771~ ~ / IN3RdOqA3G ONIGNV] UIVIONIS Z Should we ca//i Charleston Boulevard' Tile]nain feature of the Gateway Project is tile new boulevard that moves traffic smoothly into the City ... no more 90 degree tums around the Shipyard. What ,n, ame should the City give to this the new boulevard? The landscape committee pro- posed Ibe name "Charleston Boulex ard', honoring tbe rich history of this neighborhood that was once a ciD'. Before any decision is made about a name, the City wants to know what you think. Use the coupon below to-tell us your opinion, or call the Project Hotline at 478-4033 and leave a message. Changing the street name will be relatively painless. There won't be any homes or businesses, except for Kitsap Transit, fronting the new boulevard, so no one will have to change their address. Check Ail that Apply! Name: [] Keep me informed - make sure my name is on the mailing list [] Contact me - I'm interested in getting involved Address: [] Remove my name from the mailing list [] Correct my name/address on the mailing list [] I like the name "Charleston Boulevard" Phone: [] I have another suggestion for the street name E-maih [] I don't like the name "Charleston Boulevard" If you have additional comments or [] See my suggestions or comments on separate sheet suggestions, please include them on a separate sheet of paper. = NORTH~ - -- ~ Arrows ~ point to