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HomeMy WebLinkAbout02/17/99 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA FEBRUARY 17, 1999 1. CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion. If separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. A. Minutes of Meeting - February 3, 1999 #AB99-026 B. Paging Contract with Arch Paging for Citywide Use #AB99-027 C. Interlocal Agreement between the City of Bremerton #AB99-028 and Kitsap Transit for Reimbursable Work D. Master Agreement for Signal Maintenance with #AB99-029 City of Bremerton and Washington State Department of Transportation (WSOT) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. LEGISLATIVE REPORT 8. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) 9. ADJOURNMENT OF MEETING AGENDA BILL BREMERTON CITY COUNCIL 1. ~_U_~: FOR AGENDA OF: FEBRUARY 17, 1999 ORIGINATING DEPT: C I TY COUNC I L MINUTES OF MEETING -- FEBRUARY 3, 1999 ORIGINATOR: MIKE SHEPHERD, PRESIDEN' DATE SUBMITTED: FEBRUARY 11, 1999 2. ~J~: (comment on back 3. EXHIBITS: if necessary) ENDORSEMENT INFORFuATION APPROVED BY COUNCIL PRESIDENT FO/~SU~TAL'/~ 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL AC~ON: '' / 8. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED __~N~_ COUNCIL DIRECTIVE: DATE: 9?- 11. AGENDA BILL NO: TAPE #1595 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES FEBRUARY 3, 1999 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4"' Street, Bremerton, Washington, Wednesday, February 3, 1999, at 5:30 P.M., with Council President Mike Shepherd presiding. Council members present were Jim Reed, Carlos Montgomery, Carol Arends, David Farr, John Law, Cecil McConnell, and Wayne Olsen. Council member Lon Overson was absent. Also present were City Attorney Glenna Malanca and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council President Shepherd, and invocation given by Pastor Jeff Chandler of Central Kitsap Presbyterian Church. CONSENT AGENDA A. Minutes of Meeting - January 13, 1999 #AB99-020 B. Minutes of Meeting - January 20, 1999 #AB99-021 #0004 M/S/C/U (McConnell/Montgomery) Motion to approve Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council. #0014 M/S/C/U (Montgomery/Arends) On February 3, 1999 the Council does approve for payment those vouchers included and further described as follows: Checks 227625 through 227770, in the amount of $333,663.10. COUNCIL MEMBER REPORTS Mr. Olsen announced the next combined District l& 2 meeting will be held Thursday, February 18, 1999, 7:00 - 9:00 P.M. at the Sheridan Park Recreation Center located at Clare & Lebo. A "Town House" meeting will be the format for the evening. Mr. McConnell invited the Mayor to attend the District 1 & 2 District meeting. Mr. Law invited citizens to attend the next District 3 meeting in lower Manette on Tuesday, February 16, 1999 at the Senior Center located at E. 13th & Nipsic at 7:00 P.M. He also announced the opening of Art Deco's Diner & Pizza at 2204 E 11th Street. TAPE #1595 City Council Reg. Mtg. Minutes February 3, 1999 Page 2 of 5 Mrs. Arends announced a meeting for Districts 6, 7, & 8 to be held Thursday, February 11, 1999, 7:00 P.M. at the Bremerton School District Administration Building located at 134 N. Marion. Acting Chief Rob Forbes from the Bremerton Police Department will be available to answer questions. She also announced a production of "Jack E and the Giant" at the Bremerton High School Performing Arts Center, February 9-10, at 6:00 P.M.; and a 20t~ Anniversary Celebration program at the West Sound Technical Skills Center on Wednesday, February 10, 1999 beginning at 3:30 P.M. President She_~herd reported that he attended a phenomenal event at the Admiral Theater last Saturday with acoustic guitar player John McEuen, founding member of the Nitty Gritty Dirt Band. The evening was dedicated to welcoming the USS TARAWA. MAYORS REPORT Ma_rot Horton thanked the number of people responsible for the Business Fair held last Thursday. Many positive comments about the event were heard, and it was well attended. She thanked Olympic College, working in partnership with the City of Bremerton, for the Small Business Center that will be located in Bremerton, and will help small businesses with business planning. She reported that information was recently sent out in customer water utility bills about a program for individuals who need improvements to their home in terms of roof repair or painting. Applications are currently being accepted for work to be done in July. Anyone who might be interested can call Marylyn Waibel at the Community Development Department at 478-5275. President Shepherd announced the "Information on Sinclair Landing Project' item would be moved to the end of the meeting. LEGISLATIVE REPORT Reported that the West Sound Technical Skill Center located at 101 National Avenue now accepts used motor oil for recycling Monday through Friday, 8:00 A.M. to 1:30 P.M. and follows the Bremerton School District holiday schedule. PUBLIC RECOGNITION Frank Burton & Conrad Esser. voiced their concerns over the lack of City assistance in providing safety measures on a hillside adjoining their properties, next to the Panda Inn Restaurant, which is owned by Joe Mentor. Due to the heavy rains, mudslides have now slid onto their driveways posing a threat to the safety and security of their homes. He asked the City Council to direct an investigation of this matter or they would contact the Attorney General's Office of Washington to find out why the City of Bremerton allows certain individuals to ignore and violate City ordinances. John Becker suggests the City investigate the idea of refinancing the City's debt, especially the sewer debt, from the current 5.2% and 5.4%, to a reduced rate of 3.25% or 3.5%, to reduce the amount of debt service to the City or use to reduce sewer rates. TAPE #1595 City Council Reg. Mtg. Minutes February 3, 1999 Page 3 of 5 Virgil Elkin_aton wanted to know how the City was going to get back the $309,000 spent to install fluoridation equipment, now that citizens voted not to fluoridate the water, and who was responsible for spending the money since he feels it was misspent. Ruth Natividad discussed the fluoride issue, and stated a video about an "Information Forum" held to discuss fluoride is available by calling 377-7206. Paul Dren_ievic had several questions on the fluoridation ordinance, including what is that ordinance number going to be, when will the ordinance be issued, and the date the ordinance will be effective. He also questioned if the equipment for fluoridation was installed, and water tested, even though Council voted to suspend it until after the February vote. President She.oherd briefly discussed the issue of civility, and congratulated the audience and the Council for respecting this request. He then addressed the concerns raised at a previous Council meeting regarding Council members travelling to Washington D.C. He stated that if the Council had a need to educate the Legislative leaders on local issues, they would utilize that option, after thorough discussion. However, at this time, they do not see a particular need to make this trip. Council is currently working with Legislative leaders in Olympia on significant issues that will affect the City. 10A - PURCHASE OF A POT HOLE PATCHER ASSEMBLY, #AB99-0;Z2 To authorize the expenditure of $49,960.76 plus tax for purchase and installation of a Pm-Patch Model TCM 415-160-DH pothole patcher assembly box and associated equipment included in the attached quotation from H.D. Industries, Inc. to be installed on an existing City truck. It is requested that the call for bids be waived and a single source purchase be authorized based on standardization and compatibility with existing equipment in the fleet. Public comment- none. Mr. Reed asked if this issue is approved, will the order date of February 28, 1999 be honored, and how was the revenue acquired for this purchase? Bob Tulp, Operations Manager, stated that the order date would be met, and funds were set aside in the 1996 budget from the 510 Account (Equipment Rental Reserve Fund) to purchase a brand new truck, at almost double the cost of purchasing this updated equipment. #1145 M/S/C/U (Montgomery/FarO Motion to authorize the Mayor to execute the single source purchase of a Pro-Patch Model TCM 415-160-DH pothole patcher and associated equipment to be supplied and installed by H.D. Industries in the amount of $49,960.76 plus tax, subject to City Administrative Policies and Procedures. TAPE #1595 City Council Reg. Mtg. Minutes February $, 1999 Page 4 of 5 10B-APPOINTMENT OF KAREN MASON TO THE CIVIL SERVICE COMMISSION, #AB99-023 There is a vacancy on the Civil Service Commission. It is recommended Karen Mason be appointed to fill the vacancy. Mayor Horton stated she is pleased Ms. Mason applied for this Commission. Although she only recently met her, she feels she will do an excellent job, and will be a wonderful addition to the Commission. Ms. Mason was introduced to the Council. Public comment - none. Mr. Law stated he has knowledge of Ms. Mason, and is very impressed with her. #1345 M/S/C/U (Law/McConnell) Motion to confirm the appointment of Karen Mason to the Civil Service Commission. INFORMATION ON SINCLAIR LANDING PROJECT Randy McGreal, with The Commercial Group (TCG), presented a handout titled "City Action on MDA Milestone F, City Approval of Development Program Proposat'. He stated that the City was to approve or reject the recommended Development Program within 60 days of receiving the Master Developer's recommendation and report (which he stated was delivered April 15, 1998), but that on August 5, 1998, Council delayed approval until after January 15, 1999. He provided descriptions of other Milestones (A through ~[) with their current status, and described the major tasks completed by TCG over the past 9 months. He stated that the goal of The Commercial Group is to convince the Council to take action on "Milestone F- City Approval of Development Program Proposat'. He discussed the Project Schedule, and stated Sinclair Landing was moving forward faster than comparable projects of similar complexity (i.e. construction of the Town Center in Reston, Virginia - 37 years; Redmond Town Center 10 years; Kitsap Mall - 10 years), but that a project of this scale was going to take some time. Rich Rucker, also with The Commercial Group, discussed "Land Acquisition Status" and provided a chart showing which property owners have been contacted, and stated that each were presented either a proposed option agreement or participation in the project on an equity basis. A contractor did an analysis of existing structures within the P.U.D. to see what it would take to bring the structures up to a leasable or rentable status. He also discussed Leasing Status, and listed various components such as Festival Retail, Neighborhood Retail, Commuter Retail Building, Hotel, Outlet, and Office space. .5 TAPE #1595 City Council Reg. Mtg. Minutes February 3, 1999 Page 5 of 5 Mr. McGreal returned to discuss Financing Commitments. He reported that on June 22, 1998 the Mayor, City Treasurer, and City Attorney met with TCG and their lenders in Seattle. From that meeting, which included specialists from Boston, Toronto, New York, Los Angeles, and Vancouver, B.C., they concluded that financing of the private components was feasible, and that financing of the public components required Washington State as a co-signor with the City of Bremerton. He further went on to state that on December 4, 1998, TCG provided an Equity Commitment letter for financing the private components to all of the signatories of the MDA. He stated that negotiations have been underway since November 1998 with a Development Partner for an Outlet Center, and the most recent proposal is currently in legal review with the developer. This developer also has other projects in the State of Washington. He discussed hurdles to be overcome including 1) the City finding a co-signer to ensure financial capability to purchase the parking garage, and defining street improvements; 2) executing of land options by TCG; and 3) the need for Kitsap Transit and the Washington State Ferry System to negotiate a location for the Kiss n' Ride. In conclusion, he stated that TCG has gone as far as they can until the City finds a way to ensure that they can purchase the Parking Garage after it is built by TCG. He stated an opening date can not be set until the schedule of the garage is known, and lease negotiations can not go any further until they can tell tenants when they can move in. He reiterated the most significant thing the City Council could do is to approve Milestone F so they could build Sinclair Landing. Mr. Elkinton asked for a Point of Order, stating the "Information on Sinclair Landing Projec¢' item was originally scheduled to be heard prior to "Public Recognition", and that he attended this meeting for that reason, because he had questions he wanted to ask. President Shepherd denied the Point of Order stating there was not to be any public discussion on this issue, since it was an Information Item only. With no further business, meeting adjourned at 6:37 P.M. Paula Johnston, Deputy City Clerk MIKE SHEPHERD, Council President City of Bremerton P J/MS/Is cc: Normal Distribution File Vault AGENDA BII~L BREMERTON CITY COUNCIL 1. SUBJECT: Paging contract with Arch Paging FOR AGENDA OF: February 17, 1999 for Citywide use. ORIOtNAT~Na DEPT: Public Works Operations ORIGINATOR: RoUen E. rulp DATE SUBMITTED: February 5, 1999 / 2. 3. emits Director, Public Works & Utilities pz-v'-,,j/,-~ar,.',/~-~ Bid proposal from Arch Paging Ma=ger, PUUUc Works Ope= ons ,[ City Attorney ~_.__,~ ~ ~ City Treasurer ~, .~~ .-o Purchasing Supervisor ./," ~~x~._~~ ENDORSEMENT X ~4ATION APPROVED BY COUNCIL PRESIDENT. FO~MikI~AL: 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: Enter a two-year contract with Arch Paging for Citywide paging services. The coverage area would remain the same at an approximate cost of $12,063.60 per year. 2'his represents a savings of $2,459.40 over Page- Net's contract. We have an inter-local agreement with the City of Tacoma. This would be available from their proposal and bid specifications (see exhibit). 8. RECOMMENDATION: City Council to authorize and direct the Mayor to execute a two-year contract with Arch Paging as per the City of Tacoma bid specifications #G-020-97 in cooperation with inter-local agreements between the City of Bremerton and the City of Tacoma. 9. RESPONSIBLE OFFICIAL: Director, Public Works & Utilities ENFORCEMENT OFFICIAL: Manager, Public Works Operations EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE 11. AGENDA BILL NO:_~ ' 0 Z7 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT (CONT.): 5. IMPACT ON NON-PASSAGE: We are experiencing an unacceptable service level from our current paging-services provider (Page-Net). If we stay with Page-Net, our costs for services will be higher than the cost to Arch Paging and there is no guarantee that the level of service will improve. 6. IMPACT ON STAFFING. BUDGETS, FACILITIES. EQUIPMENT OR OTHER RESOURCES: For the same service and coverage area, a savings to the City would be realized in the amount of $2,459.40 annually distributed through out the city departments that subscribe to this service. 7. RESEARCH SOURCES 07.'14 '97 08:35 ID:CITY (~F TOff. PLRCaqSIhIG FAX:206-.5(Y'2-aL:xS5 FI:ICE 5 ~, CALL FOR BIDS SEALED PROPOSALS FOR E~ID SPECIFICATION # G-020-97 ANNUAL PAGER SERVICE will be received at the Office of the City Clerk, Tacoma Municipal Building, Room 220. 747 Market Street, Tacoma, Washington 98402-3768. PROPOSALS WiLL BE RECEIVED UNTIL: .11 ;00 A.M. TUESDAY, APRIL 15, 1997 at which time they will be opened by a representative of the City Clerk and read aloud. Plans and Specifications may be obtained at the Office of the City Clerk, Room 22o, Tacoma Municipal Budding, 747 Market Street, Tacoma, Washington, or by telephoning (206) 591-5171. Bid results may be obtained the day after opening by calling (206) 502.8663. CITY OF TACOMA SALLY M. MONTE JANe, C.P.M. pURCHASING MANAGER ADVERTISED: BUYER: BCD Intemet Addreaa: httl3:llww~.ci.tacoma.wa.ualibidal 07,,1.4 '97 08:38 ID:CITY FF TAC. PURCHASII',IG FAX:206-502-8255 ~-'~,~- o GENERAL INSTRU,~TIONS TO B~DDER~ 1. SUBMITTAL OF BIDS: Bids must be delivered to the Office of the City Clerk, Room 220, Tacoma Municipal Building, 747 Market Street, Tacoma, Washington 98402-3768, by 2:00 p.m., Tuesday, April 15, '!997 FOR: SPECIFICATION NO. G-O20-97 AN.NUAL PAGER {~EIRV~DE No bids will be considered which are received after the time mentioned, and any bids so received after the scheduled closing time shall be returned to the bidder unopened. BiDS MAY BE SENT IN BY MAIL OR TURNED IN PERSONALLY; HOWEVER, IF SENT BY MAIL. THE RESPONSIBILITY OF THEIR DELIVERY ON TIME TO THE CITY CLERK IS WHOLLY UPON THE BIDDER. Each propc)sal, Intact and bound with specifications, shall be completely sealed, properly addressed to the City Clerk, with the name of the b)dder and the specification number marked on the exterior of the package. 2. BID WITHpRAW/~t.: No bid can be withdrawn aEer having been formally opened by a representative from the City Clerk's Office. 3. AFFIRMATIVE ACTION: Affirmative Action and M/WBE forms and appendices must be fully and accurately completed and returned at the time of the submission of bids. Failure to do so may result in the bid being considered nonresponsive. These forms ere necessary in order to determine if the Bidder is in compliance with Chapter 10.26 and/or 1.50 of the City of Tacoma Code and state law. Bidders for public work or improvement-type projects have an obligation to demonstrate that they have exerted a good faith effort to solicit minority business enterprises and women's business enterprises. 'Fha criteria for determining whether a good faith effort has been made is set forth in the City's regulations. Supply-type contractors are also subject to the City's ordinance and regulations pertaining to having an affirmative action program end prohibiting discrimination. For further information, contact the Conb-act Compliance Office at (Z06) 591-5825. 4. NON-COLLUSION AFFIDAVIT; The successful Bidder is required to execute the noncollu~ion affidavit on the City form which ts attached to this Proposal and submit it at the time of bid. The Bidder represents by the submission of the Proposal that the prices irt this Bid are neither directly nor indirectly the result of any format or informal agreement with another Bidder. ' 5. LEGAL DISPUTES: Contractor and Surety agree and stipulate that in the event any litigation should occur concerning or arising out of this Contract or any bids submitted in response to a Call for Bids under the attached Specification, the sole venue of any such legal action shall be the Pierce County Superior Court of the State of Washington and the interpretation of the terms of the Contract shall be governed by the laws of the State of Washington. 07,'!4 '97 08:37 ID:CITY CF TAC. P,,RO-FISIIqG FP,~:206-502-8'255 PF:GE 7 6. PAYMENT: If a prompt payment discount is not o~fered, or if no payment terms are specified by the bidder, payment terms shall be Net 30. Payment discount periods of twenty (213) calendar days or more will be considered in determining the apparent lowest responsible bid. Discounts will be analyzed in context of their overall cumulative effect prior to award. Invoices will not be processed for payment nor will the pedod of cash discount commence until receipl: of a properly completed irtv(:ice and until all invoice Items are received and satisfactory performance of Contractor has been attained. If an adjustment in payment is necessary due to damage or dispute, the cash discount period st~all comrrlertc,,e on the date final appmv,,I for payment is authorized. Payment will not be considered late if a check is mailed within the time specified. Payment(s) made in acc. re'dance with contract terms shall fully compensate the Contractor for all risk, loss, damages or expense of whatever nature and acceptance of payment shall constitute a waiver of all claims submitted by Contractor. 7. TAXES: A. ~oolicable Taxes: Bidder shall include in his/her Proposal all applicable local, city, state and federal taxes, it is the Bidder's obligation to state on his Proposal sheet the con'oct percentage and total applicable Washington Stats and local s~,les tax. The total cost to the City including all applicable taxes may be the basis for d~t~rmining the Iow Bidder. lB. C'.r~/of Tacoma Tax & License: Section 6.68.2_25 of the City of Tacoma Code provides that all transactions with the City of Tacoma, wherever consummated, are subject to the City of Tacoma's Business and Occupation Tax. It is the responsibility of the Bidder awarded the Contract to register with the City cf Tacoma's Department of Tax and License, 747 South Market Street, Tacoma, WA 98402-3768, telephone (206) 591-5252. The City's Business and Occupation Tax amount shaft not be shown separately but shall be included in the unit and/or lump sum pdces b[d. C. Federal Exd'se Ta..~: Do not include Federal Excise Tax in the bid prices. Federal Tax Exemption Certificates will be furnished, if required. 8. COM. PLIANCE WITH.REGULATIONS: The bidder agrees to abide by all laws, rules and regulations promulgated by the United States of America, the State of Washington, or any agencies or subdivisions thereof, specifically including WISHA and OSHA regulations in effect at the time of bid opening. The Contractor shall be solely responsible for all violations of the law I'rom any cause in connection with work performed under this Contract. 9. FILLING IN PRoPOSA..I. FORMS: The bidder will submit their proposal on the form furnished in the specifications. AJi blank spaces in the proposal form will be properly filled in, printed in ink or typewritten. The forms will be signed by the responsible company official, with the printed or typewfltten designation of the office held in the company. The address of the bidder will be typed or printed on the proposal in the spaces provided. 10. INSERTIONS OF MATERIAl. q;.ONFLICTINqJ WiTH SPE~tFI(~,~TIONS: Only material inserted by the bidder to meet requirements of the Specifications will be considered. Any other material Inserted by the bidder will be disregarded by the City of Tacoma as being non-responsive and may be grounds for rejection of the bidder's proposal. 07~'14 '97 08:28 ID:CITY n~' TPC. Pt.RC~ING FC~<:20G-50'2-82f'~ ~ 8 11, CQNTACT.PER$ON: For further information relating to3 these specifications, please contact: Name of Person: Brian Drury, Buyer 'Telephqne: 206-502-8252 12. SHIPPING: Quotations shall be F.O.B. our destination, freight prepaid. 13. .DELI.V. ERY: The delivery address on this contract will be: Various locations withitn the City..of Tacorrla 14. DE{.IVERY DATE: Delivery date on the prc3posal sheet is for Information purposes, but may be a determining factor in the award of contract. 15. SUBSTI_ TUTIC)NS: If the City of Tacoma has specified manufacturer's brands end stock numbers to establish minimum standards, approved equals will be accepted. To receive such approval, the bidder shall be solely responsible for making the City of Tacoma familiar with the proposed products. Suppliers bidding other than specified must include with their bid complete specification sheets, photographs, schematic drawings, etc. Performance testing in the field may be required. Unfamiliar and/or untested products will be ejected as not meeting specifications. The City of Tacoma reserves the right to3 h~ the sola judge of acceptabilit7. 16. PROHIBtTIOI~. OF ALTI~p~TIONS: Except as otherwise provided herein, proposals which are incomplete or which are conditioned in any way, or which contain erasures, alterations or Eems not called for in the proposal, or which are not in conformity to the law, may be rejected. The proposal, form invites bids on definite plans and specifications. Only the amounts and information asked for on the proposal form furnished will be considered as the bid. Bidders are warned that any attempt to condition the proposal by inserting therein, ~ny exceptions to the specifications or any conditions, qualification, or additions, which vary the terms of the proposal m_..jLy, resull in the rejectio[~ thereof. / 17. TERM~ AND CQNDIT1ON~: AJI t~rms and conditions of the City of Tacoma Purchase Order form shall apply to contracts resulting from this Invitation to Bid. .. 18. REJECTION OF PROPOSAL: The City of.Tacoma reserves the right to reject any or all bids, lo waive any Informalities in bids, and ta award any one or more items tc~ any one or more bidders. 19. INTERPRETATION OF PP, OPOSED CONTRACT DOCUMENTS: If any person contemplating submitting a bid for the proposed contract is in cloubt as to the true meaning of any part of the plans, specifications or other proposed contract documents, a bidder may submit a written request for an Interpretation thereof. Any interpretation Df the proposed documents will be mailed or delivered to each person receiving a set of such documents. The City of Tacoma will not be responsible for any other explanations or interpretations of the proposed documents. All requests for interpretations will be received by the City of Tacoma no later than five (5) days prior to bid opening time. EXTEI~.~ION OF CONTRACT: Contracts resulting from this Invitation to Bid shall ba~.~· subject to five additional one year extensions by mutual agreement, per the same prices, terms and conditions resulting from this ProposaL 07/14. '97 05:39 ID:CITY CF TIC. ~II~ FPX:206-502-/~---~ Pl:CE 9 21. ~: Telecopy (facsimile) bid proposals will not be accepted by the City of Tacoma. 22. CODE OF ETHI¢~ The successful bidder agrees that it-,, violation of lhe City's Code of Ethics contained in' Chapter 1.46 of the Tacoma Municipal Code shall constitute a breach of the contract subjecting the contract to termination, 07/1.4 '97 08:29 ID:CITY ~ TAC. PLYING FAX:2OG-50'2-8~ PAGE 10 CITY OF TACOMA , Specification #0.4320-97 / Teehnlcal 8p~fic~tlo~ /It is, the lnlent of thc City to solicit competitive bids for a two year lease of Pager Service an~ k~_cqulprncnt with the option to extend the contract for up to five addifi~al one year periods. ~ following specifications have been developed by the city of Tzcoma Police Departrncnt and represents thc needs for Police and Fire. The quantities specified ar~ y~rly cztimatcs only and do not g~.um~nte¢ a specific volume or doll~r amount, Any contract resulting from this Call for Bids may bc utiliz, r.A by other deparunents of the City or Public Utilities. Bidder5 arc invited to submit their proposals responding to the following service capabilities in addition to returning the proposal page found in this document. v.0UIP~ 1..~lpha-nurneric page~ - Motorola Advisor (told ( no iub~e ) Estimat~ Qumti~: Pog~ Dep~ent = 400 Fire Dep~ent = 2. Keyho~d p~ng ~stem - C~ex Qui~el Qu[c~agcr or Ci~ Approv~ Equ~ E~i~ted QuaffS: Ponce Dep~ent = 12 ~e Dep~ = 0 3, Computer So~ pa~ng pm~ - Wi~EEP or Ci~ Approved Est~ated Qu~fity: Police Depa~ent = 0 Fire Dep~ment = 5 PAGER S~VICE COVERAGE 1. Major Metropolitan area.~ including Interstate $ corridor for Washington and Oregon. 2. R~glonal and Nationwide coverage availability upon request. 07/~.4 '97 08:40 ID:CITY I~F TAC. ~IhlG FAX:L~-'50~-SL:'55 P~ ).1 1. Extended coverage Availabiliw ~u~ ~to~ ~ic~ upon ~q~ ~yond ~c No~ Keg~on. 2. G~ C~I~ A~i~W of ~d~g or d~c~g pagem to v~o~ ~oups ~a c~om~ up of l oups in peHo& ~g~ming C~ ~S ~tO keybo~ds ~d so~. Poli~ D~ent c~ ~s = 12 F~ D~em- 4 3. Baue~cs Pro~d~ to ~c Police d~ent md Fire dep~en~ at no ~dition~ ch~ge to m~n ~I pagcm. Sch~uled deliveries of baRefies ~fe~ed. 4. Gener~ M~tc~ce No cosi rep~emenI otpag~s md keypads ~at s~er ~om a ~uf~ &f~t. No co~ ~placement of pager clips ~d ba~e~ doo~. 5. Mainm~ce List ~y potc~fi~ m~men~ce ~s~ for ~pa~ or r~lacement ofp~, duc to d~agc ca~ to page~ ~d keypads shoed bc lis~d. 6. Loss pro~e~ion - (optional) Loss, stolen or d~age beyond repot. 7. Keybo~ ~d so~e ~o~ing - M~t bc done d~n~ ~plemenmUon phme ~d ~I mots m~ be ~tered by pager comply, 1. Flat rate monthly fee for each pa~er and each keyboard, 2. Includes unlimited pages or 250 pages included per month per pager a~ part of the lcasc plan. Specify cost per pager a~r 250. .07,,'1.4 '97 08:40 ID:CITY ,-,c TPC. PLROr~ING FPX:206-50'2-~ P~GE 12 3. Local phone numbers - The first three numbers after the area code must bc the ,~gn¢ for ail 400 Police department parers mac] the 50 Fire department pagers mus~ also have the same pr~fbx ( different f~m'n ~ Police departments ). 4, Generk prompt inslructs caller~ to leave a numeric message. ~. Specify additional set-up fees. . 6, 24 month lease plan. BILLII~G 1. Format- Availability ofpagcr company to work wi~ Police Finance Accounts Payable 5pcciallst and Fire Finance Accounts Payable Specialis~ to dctarnin~ thc most acceptable method of b/lling format. 2. Payment and Billing Cycle - Monthly bill p~yabl¢ on net 30 ~rms. A method for notin~ and notification when balances are carried due to slow payment process. CUSTOMER SERVICE 1. Service Reprc.~ntative - AvailabiLity in the field for both thc Police md Fire Departments. 2. Customer Service - Sp~ify: 800 number / Week day hours / 24 hour emergency number. 3. Aa/ration's, Exchanges, Disconne¢~ - Activad.ng a cold (spare) pager - Must be able to activate over the phone Exchanging a pager - The phone number of the lost, damage, d, stolen or defective pager mu.~ bc tramfcrable to a cold pager in our possession, over the phone. 07/1~, '97 08:41 ID:CITY OF TPC. Pt.RCI-I~ING FI:~X:206-50'2-~ P~qGE 13 Discormect~ - The pager / service mu.st have thc ability to be disconnected over the phone. No charge for the di~cozmect will be ~curred if the reason for the discormcct was duc to a scparatior~ termination or retirement from service from either the Police or Fire Departm~ts. IMP~LEIV[ENTATION PLAN 1. Maximum full departmen~l implementation ofpager~ and ~crvicc within 45 days from receipt of order. 2. Include an outlined implementation plan with bid p~ket. 3. Representative available to contact the different slxif-,z during roll call to explain the pager features as well as the keyboard or $of~'ar: program. 4. Complete written insmmtions to ~ch user. 5. Representative to install keyboards and software where indicated by department contacts. TERMS AND ~'ONDITIONS 1. Any terms mud conditions beyond tho~c listed should be included with the return bid packet. · '.' ": ;:'~-' C'iTY Of TACOMA . :-.: ... .': ..~-%- .... · · ...'..:.~ . PROPOSALShEET :' :':' '".: '"';'?-~-' " SPECIFICATION NO. G~32(~97 ~::;'"'-'- --' ~:'i';.'.:':; ~..".: -':: '~':2: ":' w'"':'"~':~:-'~Z'2~-'- '"'' ' ' · ..... :.:-. ..... ~.,.,,,~:: .... :' :~-:..,.....~- ...~ ..... ..: ..:..;,...~::... TO:. CiTY CLERK ':-:?.: .- -. - · . ROOM 220, TACO~MUNICIPAL BUILDING . . . ; . -'. :-- .. '.::' ,o~,,~.~-,,o-. .... :: - .. , .:.' .,;._.. -.. ~,-.,:~,., ..... '-~ . .;' . .. - . '.';:'.' . . '. ~ . --, , - , .. . ~ ..... ..':' ~...,.,'.~.-',~..'. . . ~"; We, the undersigned, here.b.y agree to fur:nis'h the following F.O.B. City'0f ta'c~ma.' The f0[10wihg'quan.tid~s. : . are estimates .only and d° not guarantee a specific volume or dollar amounL-. ' .. . .'...:..-.?,-%.. ,'.. . · . . .; ..-. -. - . ';'. ... · NO. "-' :"':'-'7~_T.: ' · -' '"' " -' QUANT1TY:~ DESCRIPTION UNIT PRICE ' TOTAL 1. 450 "Alpha Numedc Pager - Motorola AdviSor' , $ 4.8 5 .$ 2 ~ 3. 8 2.5 0 "~ Gold, (no substitute) 2. 12 .;;,_Keyboard Paging System - Canamex' ' ' * .:..~. Quiktel Quickpager or City Approved Equal :..:: ..... .. ~: .. ' ' 3. 5 . -'" Computer Software Paging Program - · '.:~ WinBeep or City Approved Equal. "~..'" Soecify cha~es for I each of the followino: 4. 1 ".'; Extended Coverage Beyond loc, al area See Attached 6. 1 - .,'.:.';;. Page group setup . · N/C 7. '1 ":'i'i!~': Modifications to Page groups (adds/delete) '~ - ~/C 8. 1 '-.:"'..'~ Programming Page groups into .' · · :·7 so,~'twareJkeyboards 9. ' 1 ' ."~ Batteries for Pagers , 10. '1 "~'.'_::'~/Replacement_ .of defective Pagers :R/C 12. 1 "-.'-.;-f:.~; Rep acement of defective ' -- " 13. - .': · 1 · ;,:;.'-'~'TG. Replacement of damaged keyboards"only. 6uamagect' ]:~eYo]3d '-..: $ 2 3 5.0 0 -~ ' 14.. -..~ -. 1 .'.: ~_;fi~: Replacement'of damaged pagerclips :.. ~ - . ...,.-?.;~.:, . ,. . -. . · .... . . ::. 1'7', .. ;I ., ..'-~.t 'Replacement of damaged pager &3se .._.~ ..... ·: .. ' Zq/C - ".-' . .... '... -..:.'..':~..., stolen) ':' ' · ... : ...... .. " ~! 19." ' -".. 1: :.:":~'/--. Loss Insurance per keyboard (damaged or....: i..'- . ..-. lq/C''' .~: "' " '.':...'.' :: :":'.'.:;_'...".':~:~t.:"..', ' .... . .. -' .' ....:-~-,-.-.-..... , .- :---.- --,.'~-~- .... '- ':' ' ....... ._..;.' ............. ~ '.:~." '..-. .L .'- JEFF COLLINS, Electronics Technician ' ~ 100 Oyster Bay Avenue N. · Bremerton, WA 98312 · (360) 478-5370 · FAX (360) 478-5880 Wednesday, February 03, 1999 RECEIVED TO: W. Eugene Sampley, Director of Public Works and Utilities R. Forbes, Police Chief FEB 0 ? 1999 A. Duke, Fire Chief SUBJECT: CHANGING OF PAGING SERVICE DEPT. OF PUB. WKS. & UTILITIES The City of Bremerton has been having problems with our current paging company. We have not been notified of system outages, trunking problems, and we are not getting spare equipment for swap outs in a timely manner. We were given a set block of numbers to match our radio numbers to make it more convenient to remember pager numbers, but PageNet is allowing our numbers to be given out to others. It has been increasingly difficult getting help from customer care (the people I need to call to get pagers swapped out). I have talked with PageNet on several occasions to resolve these issues and to date they have not been very responsive. PageNet wants the City of Bremerton to sign a two-year contract or they will have to raise our pager rates. I have talked with several other government agencies that are using Arch Paging and they are not having the problems we are experiencing. I received a quote from Arch Paging. It includes the features of our current service including a block of pager numbers. It is the Electronics recommendation to change from PageNet paging to Arch Paging for the above reasons and as listed in the table below. Arch will give the City of Bremerton one-month free service to convert our pagers. Switching companies requires a two-year contract with Arch Paging and changing all our pager numbers. By getting a block of numbers, the new numbers will be similar to existing numbers. The savings are $2,459.40 per year with what we believe to be more reliable service and equipment. I am sending this out to get your approval to change paging companies. I would like to get a response by Feb. 18, 1999 so we can get moving on this. I would like to do the pager swap in March. Electronics can handle the details. Digital pager 88 $3.50 $308.00 88 $3.45 $303.60 Alphanumeric pager 122 $7,00 $854,00 122 $4.85 $591.70 Sky-page pager $55.00 $0.00 $39.95 $0.00 Coverage area see attached see attached Alphamate (paging terminal) 1 free 1 free Service & replacement Ins. free 220 $0.50 $110.00 Service & Replacement Deductible $50.00 $65.00 On site parts free free Batteries 80 $0.45 $36.00 free Group call each group 3 $1.00 $3.00 free Group call each Pager 37 $0.25 $9.25 free Spare pagers free free 24 hour programming free free Total Monthly Cost $1,210.25 $1,005.30 Cost annually $14,523.00 Difference $12,063.60 $2,459.40 If you have any questions, please feel free to call me at 478-5370 Jeff Collins PAGE 1 · Celebrating 50 Years of Freedom * c:\userkwordkfiles\pager\newservicearch.doc AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: February 17, 1999 INTERLOCAL AGREEMENT BETWEEN THE ORIGINATING DEPT: Public Works~ati~ls-~ CITY OF BREMERTON AND KITSAP TRANSIT ORIGINATOR: Robert E. Tulp ~_____.~ FOR REIMBURSABLE WORK DATE SUBMITTED: February 5, 1999 2. CLEARANCES: (comment on bac~~ ~ 3. EXHIBITS Director, Public Works & Utilities ~<~..~ .~ Kitsap Transit Resolution 99-07 Manager, Public Works Operations ~ ~ ~ Interlocal Agreement between City of Bremerton City Attorney Q./'~~ ~ ~,~and Kitsap Transit City Treasurer ~~~ Council Budget & Fiscal Committee ~-~~'~ Operations Committee ~~~ c ing Sup ,isor --' (_.,/ ENDORSEMENT ,X/ ~~-[A~ON APPROVED BY COUNCIL PRESIDENT/FOBrSUI31~TI'AL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Kitsap Transit has requested the services of the City of Bremerton Public Works Operations Division and has authorized an interlocal agreement (attached) between Kitsap Transit and the City for work as stated therein. It is requested that City Council approve an interlocal agreement between the City and Kitsap Transit for reimbursable work and rental of equipment. 8. RECOMMENDATION: City Council to authorize and direct the Mayor to execute the attached interlocal agreement between the City of Bremerton and Kitsap Transit for reimbursable work. 9. RESPONSIBLE OFFICIAL: Director, Public Works/Utilities ENFORCEMENT OFFICIAL: Manager, Public Works Operations EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED ~ COUNCIL DIRECTIVE 11. AGENDA BILL NO: ~"' O,~[,.~ 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT (CONT.): 5. IMPACT ON NON-PASSAGE: Loss of potential revenue 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: None 7. RESEARCH SOURCES RESOLUTION AUTHORIZING KITSAP TRANSIT STAFF TO ENTER INTO AN AGREEMENT WITH THE CITY OF BREMERTON FOR REIMBURSEMENT FOR WORK DONE BY ITS PUBLIC WORKS DEPARTMENT AND/OR FOR RENT OF CITY EQUIPMENT RESOLUTION 99-07 WHEREAS, like the City ofBremerton, Kitsap Transit has buildings on Wycoff Avenue and Callow Avenue that need to be demolished as part of the Gateway Project, and; WHEREAS, Kitsap Transit has utilized the services of the City of Bremerton's Public Works Department in the past for projects such as park-and-ride lot improvements, and; WHEREAS, city and transit agency staff'have reviewed the proposed inter-local agreement, attached and incorporated by reference herein as Exhibit A, and transit agency staff recommend its approval; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Kitsap Transit that Kitsap Transit staff are hereby authorized and directed to enter into an inter- local agreement with the City of Bremerton for work done by the City's Public Works department and/or for rent of City equipment. ADOPTED by the Board of Commissioners~-~°fKitsap Transit at a regular meeting thereof, held on the 3~ day of February, 1999. Leslie J. (Jay)Weatherill, Chairperson ATTEST: L~hie Knox-Browning Clerk of the Board Resolution 99-07 1-48 Exhibit A INTERLOCAL AGREEMENT BETWEEN KITSAP TRANSIT AND CITY OF BREMERTON REIMBURSEMENT WORK PERFORMED BY CITY OF BREMERTON PUBLIC WORKS AND/OR FOR RENT OF CITY EQUIPMENT This Interlocal Agreement is made:and entered into pursuant to the provisions of Chapter 39.34 RCW by and between Kitsap Transit (Transit) and the City of Bremerton (City). L RECITALS 1. WHEREAS, City has a Public Works Department which employs persons who specialize in certain types of Public Works projects, and also owns certain types of specialized equipment; 2. WHEREAS, Transit may from time to time find it advantageous or desirable to have certain work performed by the City of Bremerton Public Works Department or its contractor, and/or to obtain the use of equipment from City of Bremerton Public Works Department for specific projects; 3. WHEREAS, City, as well as Transit, will benefit from cooperation in Public Works projects in this manner; 4. WHEREAS, Chapter 39.34 KCW provides that local jurisdictions may enter into cooperative agreements for their mutual benefit; Now, therefore, City and Transit, through their respective legislative bodies, do hereby agree as follows: 1. PURPOSE OF AGREEMENT: The purpose of this agreement is to provide for cooperation between City and Transit in Public Works projects by allowing Transit to request either that certain work be performed by City of Bremerton Public Works Department or its contractors, or that Transit be allowed to rent or lease certain pieces of equipment owned by City. 2. ADMINISTRATION OF AGREEMENT: This agreement will be administered by City of Bremerton Public Works Department. 3. DURATION OF AGREEMENT: This agreement shall take effect upon execution of the agreement by both City and Transit and shall remain in effect for five (5) years from date of execution by City, provided however, that this agreement may be renewed after the fifth year by mutual agreement of City and Transit. 4. TERMINATION OF AGREEMENT: Either City or Transit may terminate this agreement by giving ten (10) days written notice to the other party. 5. ACQUISITION OF PKOPERTY: Any property acquired by City pursuant to this agreement shall remain property of City, and any property acquired by Transit pursuant to this agreement shall remain property of Transit. 1-49 a4 Exhibit A 6. REQUEST BY ENTITY: Whenever Transit desires to obtain work or to rent equipment by and/or from City of Bremerton Public Works Department pursuant to this agreement, Transit shall make a request for said work or equipment in writing upon a form supplied by the City, a copy of which is attached to this agreement as Exhibit "A". 7. REVIEW OF REQUEST: The request will be reviewed by City of Bremerton Public Works Department for City work crews to perform the work requested and/or the requested equipment. The Director of Public Works, or his designee, shall have final decision as to a recommendation of either the work crew or the equipment. City shall provide Transit with an estimate of time and materials (plus incidentals) prior to the work being performed. 8. FULFILLMENT OF REQUEST: If the request is approved by the Director of Public Works or his designee, as set forth in this agreement, City will perform the work requested or provide the equipment requested. 9. CITY EMPLOYEES: City employees assigned to Public Works projects pursuant to this agreement, remain employees of City at all times and shall perform the work requested under sole supervision of City. City employees shall use only approved equipment and materials in performance of Public Works projects pursuant to this agreement. 10. EQUIPMENT: Equipment to be provided pursuant to this agreement shall be inspected by City and Transit prior to use of equipment by Transit. Transit shall bear responsibility for insuring that Transit operators of said equipment are properly trained in the use of said equipment. Transit shall compensate City for any and all losses and/or damages occurring while equipment is in possession of Transit. 11. FINANCIAL RESPONSIBILITY: Transit shall be solely responsible for all costs of Transit's projects, and administration of all grant funds, if any, related to Transit's project. 12. REIMBURSEMENT: Transit shall reimburse City for all costs of direct and indirect labor (including fringe benefits), administration, equipment rental, engineering, materials and supplies for the Public Works performed pursuant to this agreement. Transit shall reimburse City for use of equipment at the rate determined by the Director of Public Works or his designee and deemed satisfactory to Transit. City shall submit a statement to transit at~er performance or delivery and within thirty (30) days, Transit shall remit thereon. 13. HOLD HARMLESS: Transit shall defend, indemnify and hold harmless at Transit's sole expense, City, its elected and appointed officials, officers, employees and agents, from and against any and all claims, actions, demands, losses, damages, liabilities and costs, including, but not limited to, attorney's fees and litigation costs, arising out of the performance of this agreement, except that Transit shall not be liable for injury or damages caused by the negligence or willful misconduct of City, its elected or appointed officials, officers, employees or agents. 1-50 Exhibit A 14. INSURANCE: City may require, as a condition of performance of Public Works and/or provision of equipment, that Transit obtain public liability insurance, naming City as an additional insured. If City so requires, it shall notify Transit and give Transit the option to withdraw its request. DATED this ,d~r~ dayof F~~.~... ,1999. CITY OF BREMERTON KITSAP TRANSIT Lynn S. Horton, Mayor '~hard M. Haye~ctor APPROVED AS TO FORM: ATTEST Glenna Malanca, City Attorney Ca ' ox-Browing, Clerk of the Bo,~~ ATTEST: Kathleen McCluskey, City Clerk 1-51 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: February 17, 1999 Bremerton/WSDOT Master Agreement for ORIGINATING DEPT: PW&U Engineering Div. Signal Maintenance (GM-01326) ORIGINATOR: Randy Witt, City Engineer DATE SUBMITTED: September 28, 2. CLEARANCES: (comment on baclq/~sss~v~ ~_ 3. EXHIBITS Director, Public Works/Utilities ~ff-.~/'~.J=~ A. Master Agreement for Signal Maintenance Public Works Operations Manager'"'- ,],~----~1.~.~ B. Signal Assignment City Attomey (/'~/~/].~~--'- City Treasurer ~ '- ' Risk Manager ,_.4~~ -'----"-~' Operations Committee ~,~4~"'~.-,..~"ff . _.., , ~, ~. .... _~ .NF~R, MA TTAL:ENDORSEMENT )c 1NE. TION ~PPROVED BY COUNCIL PRES NT E 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City and the Washington State Department of Transportation (WSDOT) have reached agreement for the City to maintain several State signals. Having the City maintain these signals will allow them to have the signal timing coordinated with the adjoir~ng City-maintained traffic signals. By having the City maintain these signals, the State will see a more timely response to any defective conditions which require immediate action. The State will reimburse $1,078.88 to the City annually for each signal it maintains. The signal assignment lists signals that the City will maintain. Staff recommends City Council approval of the Bremerton/WSDOT Master Agreement for Signal Maintenance (GM-01326). 8. RECOMMENDATION: That the City Council authorize and direct the Mayor to execute the Master Agreement for Signal Maintenance (GM-01326) with the Washington State Department of Transportation. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OFACTION PULLED TAB LED APPROVED DISAPPROVED COUNCIL DIRECTIVE DATE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The State will maintain and set the timing on the signals listed in the Signal Assignmem. 6. IMPACT ON STAFFING, BUDGETS~ FACILITIES, EQUIPMENT OR OTHER RESOURCES: The State will provide the City with $1,078.88 for each signal it maintains on an annual basis. The Public Works Operations budget will be adjusted to show this funding. 7. RESEARCH SOURCES 99030 MASTER AGREENIENT FOR SIGNAL MAINTAINCE GI~1-01326 This AGREEB, IENT made and entered into this __ day of. . 1999, is by and between the State of Washington, Department of Transportation, acting through the Secretary. of Transportation, hereinafter called the "STATE", and the City of Bremerton, 239 4th Street, Bremerton, Washington 98337, acting through the Nlayor, hereinafter called the "CITY." WHEREAS, the parties hereto entered into AGREEMENT GM-1260 on the 13th day of September, 199 I, which provided for the CITY to maintain the STATE's traffic signal at the intersection of the SR3 Ramp and Kitsap Wa,:,, and WHEREAS, AGREEMENT GM-1260 will be superseded with the execution of this agreement, and WHEREAS, the STATE owns certain traffic signal systems within or near the CITY, and WHEREAS, it would be to the mutual benefit of the STATE and to the CITY for the CITY to perform the operation and maintenance of the subject traffic signals and to establish, in writing, each party's responsibility. toward the operation and maintenance of the subject traffic signals, and WHEREAS, there is a possibility, of future occurrences of similar situations, i.e., traffic signal systems that are owned by the STATE, and located within or near the CITY limits, NOW THEREFORE, bv virtue of RCW 47.28.140 and in consideration of the terms, conditions, covenants, and performance contained herein or attached and made part of. IT IS MUTUALLY AGREED AS FOLLOWS: I GENERAL The CITY agrees to accept maintenance and operation of the STATE oxvned signal systems under the following conditions. A. Maintenance and operation shall specifically include the following items: 1. Day to day operation of signal timing, to include coordination and adjustments. Original signal phasing and timing plans and significant revisions thereto, as determined bv the CITY, simll be provided to the STATE'S Regional Traffic Engineer. The STATE'S Regional Traffic Engineer can review the signal phasing and timing plans with the CITY upon request. 2. Removal and replacement of tailed components (i.e. load switches, loop amplitSers, conflict monitors, etc.) inside the control cabinet. .3. Replacing signal lamps that burn out. 4. Annual signal head cleaning and relamping. 5. Maintaining all associated interconnects. 6. Maintaining accurate maintenance records, as to the time and materials used in completing the various tasks for each signal location. g~ ~t GM-01326 B. The CITY is specifically excluded from doing the following work. 1. Repair ancO'or Replacement of strain poles, mast arms, failed loops, control cabinets, signal displays and other related devices. 2. Replacement of deteriorated signal equipment due to aging. 3. Painting (City. to notify. State of need). In the event a condition exists resulting from storm damage, third party damage, unknown third parr3.' damage, or other reasons, the CITY may of their own volition, remove any obvious and immediate traffic hazards before notification by the STATE. The CITY will provide the STATE with all information it possesses pertaining to any third parr?' damage to the State's signals. C. The CITY'S response to a notice of defective condition, within the terms of A.2. and A.3. of this Agreement, and that requires immediate action in the traffic control signal system (such as a black signal, a left turn burn out, or a red light burn out) shall be such that, to the best of the CITY'S ability., the signal is operating and fully functional before the next peak hour following the occurrence of the defective condition. D. The STATE will perform the following activities: I. Repair of failed cabinet units which the CITY has removed and which ~vill be returned to the CITY for reinstallation, replacement to the CITY of any failed controller components ~vhich The CITY has provided to maintain controller operation. Repair of failed loops. 3. Maintain STATE owned intersection illumination. a. The STATE shall provide and the CITY shall install at no cost to the STATE red LED lio_hts or, the signals covered in the SIGNAL ASSIGNMENT or DELETION documen~ within one year of execution of the SIG,X,L*L ASSIGNMENT or DELTIO.N document. SIGNAL ASSIGNNIENT or DELETION' The Siznal Assignment or Deletion document, as shown in Exhibit "A'? attached hereto and by reference made ~ part of this AGREEME~'T. shall include as a minimum a description of the signal(s) installation(s) or dele:ion(s') and location(si. The effective date of coverage or deletion shall be defined in the Signal Assignment or Deletion document. The Signal ,Assignment or Deletion shall be signed on behalf of the STATE by the Regional Administrator. or his designee. The CITY, by the Director of Public Works and Utilities, or his designee shail review the signal assignment or deletion document and indicate concurrence by signing and returning one copy of the document with original signature to the STATE. GM-01326 III PAYMENT AND ASSOCIATED COST The CITY shall be reimbursed bv the STATE for each signal system associated with this AGREE*lENT by payment of an annual fixed fee as indicated in EXHIBIT "B" attached hereto and by this reference made a part of this agreement. The STATE, in consideration of the faithful performance of CITY work identified in Section I A.1. through A.6. as maintenance and operation, agrees to pay the CITY the agreed annual fee for each signal maintained under a Signal Assignment document. Said fee shall, be payable prior to June 30th of each .,,'ear for the preceding calendar .,,'ear. and shall be prorated on the actual number of months of operation for that year. The fixed fee may be updated at the request of either party, of this AGREEMENT to reflect rate ancl.:or overhead increases. The rate structure may be changed upon signature, by both parties, of a supplement to the agreement. The effective date of the fee adjustment shall be defined by the supplement to the agreement. The STATE shall be responsible for payment of operational power costs associated with all signals. During the progress of any and all work assigned to the CITY, and for a period not less than theee years from the date of payment to the CITY for that work, the records and accounts pertaining to said work and accounting therefore are to be kept available for inspection and audit bv the STATE and/or Federal Government and copies of all records, accounts, documents, or other data pertaining to the project will be furnished uaon, r~aue_,.=. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until all litigation, claim or audit finding has been resolved even though such litigation, ciaim, or audit continues past the three-year retention period. tn the event that it is dete.'-mined that ove,?ayment has been made to the CITY bv the STATE. the STATE will bill the CITY for the amount of overpayment. The CITY agrees that if pay'ment has not been received by' the STATE within sixty (60) days alter the CITY has been billed, the STATE may effect reimbursement of the total sum due from monthly fuel tax allotments which the CITY is normally entitled to receive from the Motor 'v'ehic!e Fund. and in accordance with RCW 47.08.090, IV TERM OF AGREEMENT The term of tNis AGREE,XlENT shall be for ua To one year. beginning on the date first entered above, a;~,d on December ~ I of that ?'ear. This a_oree?nent snail automatically be renewed on a calendar year basis ~aniess v.'ritte?, notice of termination is given by' either parry by the preceding November 1 of any such year. Failure of el:her part': to notiO' the other of such termination on or before November I of any such >'ear shall cause shis agreement to automaticaily be renewed for the next ensuing calendar year Either the STATE or the CITY may terminate this AGREEMENT for any reason with written notice to the other party, at the end of sixty (60) calendar days folio)ring receipt of notice. Termination of this agreement shall constitute termination of all signal.assignment documents as well. G,.'XI-01326 V LEGAL RELATIONS No liabili~ shall attach to the STATE or the CITY by reason of entering into this AGREEMENT except as expressly provided herein. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the da3' and year first above wrirten. STATE OF WASHINGTON CITY OF BRENIERTON DEPARTMENT OF TRANSPORTATION By: Lynn Horton, Mayor Approved As To Form: Approved As To Form: Glenna L..¥1alanca, City Atromev Assistant Attorney General of Washington Attest: Kathteen McCluskey, City Clerk Date: GM-01326 EXtIIBIT "A" AGREEMENT NO. GM-01326 SIGNAL ASSIGNMENT or DELETION This Signal Assignment or Deletion, made and entered into this day of , is by and between The STATE OF WASHINGTON, DEPARTM]ENT OF TRANSPORTATION, by virtue of Title 47 KCW, hereinafter designated as the "STATE" and the CITY OF BREMERTON, 239 4th Street, Bremerton, Washington 98337, hereinafter called the "CITY". W'FIEREAS, Master Agreement Number GM-01326, entered into between the STATE and the CITY is incorporated and by this reference, made a part of this Signal Assignment or Deletion as if fully set forth herein. NOW TI:IEREFORE, it is mutually agreed as follows: Siffnal Assignment The work proposed under this Signal Assignment includes the maintenance of a signal system (or systems) which has (have, or will be constructed) at the following location(s): 1. SR3 M]P 38.29 SP,_310 Interchange (I(itsap Way) Northbound Off-Ramp (Under Construction) 2. SR_3 ~M? 38.29 SR310 Interchange.(Kitsap Way) Southbound Off-Ramp 3. SR3 ~MP 45.58 Clear Creek Road Interchange Northbound Off-Ramp 4. SP,_3 MP 45.58 Clear Creek Road Interchange Southbound Off-Ramp 5. SR303 MP 2.97 Fred Meyer Entrance 6. SR303 MP 8.47 Silverdale Way Interchange Northbound Off-Ramp 7. SR303 MP 8.58 Silverdale Way Interchange (Home Depot) Southbound On- Ramp. Sienal Deletion The following si_znat systems are DELETED from the agreement: Effective Date The effective date to start the above noted Signal Assignment work or the deletion of the above noted Sig-nai is ., __ IN WITNESS WHEREOF, the parties hereto have executed this Si=onal Assi~zrnnent cr Deletion as of the day and year first above written. CITY OF BREMERTON STATE OF WASHINGTON f (,~//~ DEPARTMENT OF TRAxNSPORTATION BY: By: Director of bi, jr.-Works Regional Administrator GM-01326 EXHIBIT "B" AGREEMENT NO. GM-01326 SIGNAL ASSIGNMENT ESTIMATE OF COST Maintenance Occurrence Labor Labor Cost ~ Activities per year Hours 527.54 per/hr Observations (hardware review) 10 5 $ 137.70 Preventive Maintenance 2 3 $ 82.62 Relamp I 2 $ 55.08 Trouble Calls 6 6 $ 165.24 Review timin~coordination 6 6 $ 165.24 Subtotal Hours & Cost 22 $ 605.88 Truck Cost ~ Equipment Hours S21.50 per/hr Signal Truck 22 5 473.00 Subtotal Hours & Cost 22 S 473.00 TOTAL COST TO ST,-~TE PER .............. SIGNAL ASSIGNMENT S1078.88 GM-01326