Loading...
HomeMy WebLinkAbout02/04/98 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CI'FY COUNCIL AGENDA FEBRUARY 4, 1998 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 o 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 - January 21, 1998 CLAIMS/CHECK REGISTERS #AB98-015 / 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) o NEW BUSINESS A. Inter~!peal~Agreement - Traffic Signals With The City of .~/~.hOIton, Washington B. Professional Services Agreement With Parametrix, Inc., Regarding The Haddon Site Park Construction Documents Development #AB98-016 ? AGENDA BILL BREMERTON CITY COUNCIL i. SUBJECT':. MINUTES - JANUARY 21, 1998 FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: FEBRUARY 4, 1998 City Council David' Farr, President l-Z~-~ 2. ~: (comment on back if necessary) ENDORSE2!F~NT MAYOR INFORMATION APPROVED BY COUNCIL I~ESIDENT~FOR SUBM!TTkL: 4. $~Y STATEMENT .AND REOUiREMENT FOR COUNCIL ACTION: 8. R~COMMENDATI,©N: 9. RESPONSIBLE OFFICIAL: ENFOR~ OFFICIAL: .EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTIQ~ APPROVED .DISkP_~ROVED ~DATE: AMENDED 11. AGENDA BIT,T, NO: CLEARANCE COMMENTS: NON-PASSAGE: BUDGETS, FACILITIES, EOUiPMENT OR OTHER ~SO~CES: UNAPPROVED DRAFT Tape #1519 CITY COUCIL MEETING MINUTES JANUARY 21, 1998 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday January 21, 1998, at 5:30 P.M., with Council President David Farr presiding. Council members present were Jim Reed, Carlos Montgomery, Carol Arends, Mike Shepherd, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen. Also present were Assistant City Attorney Glenna Malanca and Deputy City Clerk Gil Johnson. The meeting opened with the Pledge of Allegiance led by Council President Fart and invocation given by Major LaVergne Nickerson of the Salvation Army. President Farr made the following announcements: (1) The Council held a Study Session prior to the Council meeting to discuss general Council business. Item 8-B will be pulled from tonight's Agenda. (2) The City Council will hold two Executive Sessions immediately following the City Council meeting to discuss "Litigation" (10 minutes); and "Contract Negotiations" (1-hour). CONSENT AGENDA A. Minutes of Meeting - January 7, 1997 #AB98-005 #0043 MISIClU(McConnelllLaw) Motion to approve the 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 #0060 MISICIU(MontgomerylArends) On January 21, 1998, the Council does approve for payment those vouchers included and further described as follows: Regular payroll for the period ending 1/15/98 in the amount of $772,063.70; and 216265, 216266, and 216064 through 216253 in the amount of $928,183.03. COUNCIL MEMBER REPORTS Mr. McConnell asked members of the public to please call 478-5280 with their opinion on moving "Public Recognition" to the end of the meeting. TAPE #1519 City Council Reg. Mtg. Minutes January 21, 1998 Page 2 of 6 Mr. Law reported on the District #3 monthly meeting held January 20, 1998, and thanked Tim Richard and Captain Hatfleld for their presentations. He also wanted it known that Council is still discussing the issue of funding both the Naval Museum and Bremerton Main Street. Mr. Overson attended a function to welcome the USS Kitty Hawk crew to the City of Bremerton. Mr. Shepherd. attended a girl's basketball game at Bremerton High School, and congratulated them on their efforts. He also greeted the USS Kitty Hawk crew and welcomed them to the area. He congratulated Rev. Cleveland Williams on a great program at the Kitsap Pavilion to celebrate Dr. Martin Luther King's birthday. He announced his first District #5 Neighborhood Meeting will take place at 6:30 P.M., at Memorial Lutheran Church located at 10th & Veneta. The program for that meeting will include Mayor Lynn Horton reporting on the Sinclair Landing Project, and Jim Spencer, Director of Parks and Recreation, will discuss three parks in District #5. Mrs. Arends reported she also attended the program at the Kitsap Pavilion, and found it very inspiring. Mr. Mont.qomery reported he visited the Sewer Plant today and was pleased to report them were no sewer overflows due to mechanical failure, which was not the case before the City took over. However, he noted this does not include CSO events, which are limited by the capacity of the wet wells in the pump stations. On January 22, 1998, at 7:00 P.M. he and Kitsap County Commissioner Charlotte Garido will host a Town Meeting in the Council Chambers to get public input on the proposed tolls for the Tacoma Narrows Bridge, and the possibility of widening Highway 16 around the bridge. All Elected Officials are invited to attend the Winter Planning Conference on January 24, 1998, at the Given Community Center. This weekend will be the last chance to view the USS Missouri, and no ticket is needed. Mr. Reed reported he attended the Kitsap Lake Neighborhood Association meeting on January 19, 1998, where many issues were raised. He commended Jim Spencer, Director of the Parks & Recreation Department, for his quick action and efficient effort on some of the more critical issues discussed at that meeting. Mr. Farr stated the discussion about moving Public Recognition and Council Member Reports is in a very preliminary stage, and a lot more discussion is to follow. He encouraged members of the public to contact the City Council Office at 478-5280 to sham opinions on changes to the format of City Council meetings. TAPE #1519 City Council Reg. Mtg. Minutes January 21, 1998 Page 3 of 6 PUBLIC RECOGNITION Reverend Cleveland Williams, Ebenezer A.M.E. Church, thanked Council members Carol Arends and Mike Shepherd for their comments on the 4th Annual Dr. Martin Luther King celebration on January 19, 1998, at the Kitsap Pavilion. He thanked the 900 participates at that event, and noted the celebration truly reflected upon the legacy of Dr. Martin Luther King, especially hearing the dynamic and moving keynote speech by Mrs. Alberta Canada, which was built around the theme of "Lift Every Voice And Sing". He is looking forward to the 5th Annual Dr. Martin Luther King celebration on January 18, 1999. Roy Mclnnis, Bremerton resident, related that when he was growing up in Mississippi, he always heard that white folks couldn't sing. He was very impressed with the performance of the Martin Luther King Memorial Choir, which was made up of people from many ethnic backgrounds. He is looking forward to joining that choir for the next celebration in 1999. Also, over the past years he has heard Mayor Horton speak many times; however, her address at the January 19th Dr. Martin Luther King celebration was excellent, and he believes she is one of the best public speakers anywhere in America. He did have a concern about Council's procedure when making motions. President Farr stated some of the upcoming Council Study Sessions would include discussion on rules and conduct. He emphasized Council Study Sessions are open to the public. Elizabeth Buell, Bremerton resident, stated she believes the City Council made a mistake in not fully funding the Naval Museum's request. She stressed this is a Navy town and we cannot keep dropping things that are "Navy'. In regard to moving the time for Public Recognition, she did not want to see it placed at the end of the Council meetings. She noted when the 9-member Council started, there was an understanding that a Council member would serve one term as Council President; however, ' Mr. Fart was re-elected for a second year. She wanted to know what happened with that original intent. Mr. Shepherd noted in response to Mrs. Buell's comment about the Naval Museum, he encouraged members of the public to come out and visit the museum on weekends, since it is one of the few things open, especially during wet weather. Susan Brown, Bremerton resident, handed out to Council her list of proposed changes to the Bremerton Municipal Code addressing ethics. She asked the Council to take her recommendations seriously. Helen Havens-Saunders, President of the Association To Protect Anderson Creek (APAC), stated she was coming before Council on the eve of the deadline of Mr. Sceipko's option to pay the entire price of the surplused portion of the Anderson Creek watershed property. If he fulfills his obligation to pay the full purchase price, it will be a sad day for the Anderson Hill residents. Up to this point, she has not been able to obtain information about the price of the property or the zoning value. She questioned if that transaction had been completed? TAPE #1519 City Council Reg. Mtg. Minutes January 21, 1998 Page 4 of 6 She noted Anderson Hill residents are concerned about how the subject project is zoned. Although Mr. Sciepko was directed to produce a more thorough environmental checklist in 1995, one has not been completed nor has a formal proposal been filed with the City. As a neighborhood, they have heard about some of his hopes and plans. They learned through McCormick Land Company President that Mr. Sciepko plans to use the easement the City has through Old Clifton Road to the south for his primary access. There are strong beliefs that such an access would impact rural County roads and require County cooperation and revenue sharing as part of the County-wide planning policies. They were also told that McCormick Land Company would also benefit through such an entrance along the site known as Campus Station. She provided Council members with a handout showing the City's underlay of the City's Wellhead Protection Map below the latest rendition of McCormick's plan. She pointed out the proposed access and highway developed corridor, if built, would go directly through an area of influence that might affect the City's wells, including through the 5-year area. They have also heard that multi-family manufactured homes have been suggested for the southeast corner, which was zoned Residential by the City. President Farr stated because Mrs. Haven-Saunders had exceeded the 3-minute time limit he requested any additional information or questions be submitted in writing, and she will receive a response. 8A - REAPPOINTMENT OF CARL BUETTGENBACH TO THE HOUSING AUTHORITY BOARD~ #AB98-006 Carl Buettgenbach's term on the Housing Authority Board has expired. recommended he be reappointed to another term. It is Mayor Lynn Horton stated Carl Buettgenbach has served on the Housing Authority Board for a number of years, as well as other aspects of the community. The Housing Authority is in the middle of several projects, and it would be beneficial for Mr. Buettgenbach to remain on the board through the completion of those projects. Mrs. Buell, Bremerton resident, stated she felt it would be a big mistake not to reappoint Mr. Buettgenbach. Mr. Mont.qomery stated he attended the Bremerton Housing Authority Board meeting on January 20, 1998, and inquired their opinion to continuing Mr. Buettgenbach's appointment. Everyone agreed that he was a great asset to the Housing Board, and it was their wish to have him stay. Mr. Reed stated any citizen in the City of Bremerton who has given as much time and effort to City issues as Mr. Buettgenbach deserves more than a reappointment, he also deserves a "pat on the back". TAPE #1519 City Council Reg. Mtg. Minutes January 21, 1998 Page 5 of 6 #1034 MISICIU(OlsenlMontgomery) Motion to confirm the reappointment of Carl Buettgenbach to the Housing Authority Board. 8C - BREMERTON HOUSING AUTHORITY AND BREMERTON POLICE DEPARTMENT CONTRACT~ #AB98-008 Authorization for the acceptance and implementation of the contract agreement by the City Police Department as delineated in the contact. The scope is the Police officer funded by and assigned to the Housing Authority of the City of Bremerton are responsible for the delivery of supplemental police services to the residents of the West Park Development. Specifically, officers are expected to work as community officers, including and responsibilities described in attachment A and B. Henry Mince¥, Assistant Chief of Police, stated this is the third year for this contract, which provides supplemental police services to the Westpark residential community. Several specifications are required in the contract. Presently, one officer is assigned full time, with an additional 16 hours on the weekend. Mr. Mclnnis asked for a breakdown of the 16 weekend-hours. Mr. Mincey responded the 16 hours are Fridays and Saturdays from 5:00 P.M. to 1:00 A.M. Mr. Mont.qomery stated at the Bremerton Housing Authority Board meeting, he was left with the impression that they were very happy with the services received from the Bremerton Police Department. #1239 MlSiClU(MontgomerylShepherd) Motion to approve contract between the City of Bremerton Police Department and the Bremerton Housing Authority. 9A - ORDINANCE (FIRST READING) AUTHORIZING THE ISSUE OF A $1~250,000 TAX ANTICIPATION NOTE AND ACCEPTING THE PURCHSE OFFER OF SEAFIRST BANK~ #AB98-009 As indicated in the exhibits attached, the City's General Fund will run a cash deficit for several months during the year unless some form of cash flow financing is provided. Analysis indicates that a Tax Anticipation Note is the most advantageous method of providing the necessary cash flow financing. Rich Hanna, City Treasurer, stated this is a normal and recurring financial activity of the City. It finances the cash flow of the General Fund, and is necessary because of the way property tax revenue is received by the City. Property taxes are due on the last day of April and the last day of October of each year, which means that prior to these collection times the City would find itself in a deficit cash position, which is prohibited by State law. Mr. Law asked when was the last year that the City did not have to borrow for operating funds? Mr. Hanna stated there has not been one year during his TAPE #1519 City Council Reg. Mtg. Minutes January 21, 1998 Page 6 of 6 tenure with the City (13 years) that the City has not found it necessary to borrow in this manner. Mr. Reed explained, for the benefit of the public, this was a loan and prior to the need for it, Mr. Hanna re-invests the excess money. In a best case scenario, the loan can actually cost the City nothing, and may even make money. #1410 MISICIU(McConnelllMontgomery) Motion to approve Ordinance, on first reading, authorizing the issuance of $1,250,000 principal amount of tax anticipation notes for the purpose of paying City expenses pending the receipt of general City taxes; creating a note redemption fund; providing for the sale of those notes to BancAmerica ROBERTSON STEPHENS of Seattle, Washington. President Farr thanked the TV camera crew for their services: Bruce Stier, Eva Williamson, and Robert Neal, as well as the volunteer crew: David Saunders, Anna Watson, Doug Engebretson, Kelly Kehoe, and David Chivis. In addition, he welcomed the Boy Scouts who were attending Council tonight. With no further business meeting adjourned at 6:25 P.M. GIL JOHNSON, Deputy City Clerk DAVID FARR, City Council President City of Bremerton GJIDFImells cc: Normal Distribution File Vault AGENDA BII J. BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: February 4, 1998 INTERLOCAL AGREEMENT - TRAFFIC SIGNALS ORIGINATING DF. PT: Public Works & Utilities WITH THE CITY OF SI-IEIJTON, WASHINGTON ORIGINATOR:'ffv_.~- P.E. Tulp, PW Oprns M~r DATE SUBMITTED: January 27, 1998 2. CLEARANCES: (conlmentonbackif~(x.~.~ 3. _.EXI:[IB~_~.S Director, Public Works/Ut~ties f-~~-'~ "~ ::~ .'~,~~/f _ Interlocal Agreement City Attorney City Treasurer '-'~. ~, Council Budget & Finance Committee~ ~~ ~ Operations Committee .: ~ Purchasing Supervisor . ~'/V._/~___~._..-~2--~--- ,ooP. .m rr X mnno oP OW YCOUNC.. m¥oR , 4.- COUNCIL m sn)mr 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City of Bremerton Electronics Section has been servicing the traffic signals within the City of Shelton since January 1995. This interlocal agreement proposes to renew the contract automatically on an annual basis, provided either party shall have the option to notify, in writing, the other party no later than October of the current contract year of its intention to terminate the contract. 8. RECOMMENDATION: That City Council approve the interlocal agreement with the City of' Shelton and authorize the Mayor to sign the agreement, subject to City Administrative Policies and Procedures. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: Dir/PW&Utils Mgr/PW Opms 10. NOTICE OF ACTION PULI.ED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE 11. AGENDA BILL NO: q ~'- ~) { (9 2. CLEARANCE COMMENTS: IMPACT ON NON-PASSAGE: Loss of income used to offset some of the costs of maintaining City of Bremerton traffic signals.. e IMPACT ON STAFFING, BUDGETS~ FACILITIES: EQUIPMENT OR OTHER RESOURCES: None; no additional personnel or equipment requked. 7. RESEARCH SOURCES AGENDABL /0 INTERLOCAL AGREEMENT WHEREAS, the City of Shelton owns and operates Traffic Control equipment situated within the City of Shelton; and WHEREAS, the City of Bremerton has personnel skilled in maintaining traffic control equipment and is desirous of providing maintenance services to the traffic control equipment owned and operated by Shelton; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS HEREBY AGREED AS FOLLOWS: Section 1: Parties: This Agreement is by and between the City of Bremerton, hereinafter referred to as "Bremerton" and City of Shelton, hereinafter referred to as "Shelton". Section 2: Term: This Agreement shall become effective on January 1, 1998 for up to one year, and ending on December 31, 1998. This Agreement shall automatically be renewed on a calendar year basis unless written notice of termination is given by either party by the preceding October 1 of any such year. Failure of either party to notify the other of such termination on or before October 1 of any such year shall cause this Agreement to automatically be renewed for the next ensuing calendar year. Section 3: Payment: In consideration for the services provided, Shelton shall pay Bremerton the sum of Two Thousand Three Hundred Seventy-seven and 36/100 Dollars ($2,377.36) per signal for the first year of this agreement, due to Bremerton in quarterly installments thirty (30) days after receipt, beginning on January 1, 1998. In the event that Shelton adds traffic control signals INTERLOCAL AGREEMENT --1-- SHELTON.AGT - NN AGMT$1 - 1/26/98 /( requiring maintenance, Shelton shall pay the sum of Two Thousand Three Hundred Seventy-seven and 36/100 Dollars ($2,377.36), per signal for each signal added, which will be paid quarterly thirty (30) days atier receipt and pro-rated to the date to activation of the traffic control signals. At the beginning of each successive year thereat~er, all annual payments to be paid quarterly shall automatically be adjusted by the percentage change in the "All Items" category of the Consumer Price Index for All Urban Consumers (CPI-U) as published by the Bureau of Labor Statistics of the U.S. Department of Labor for the Seattle-Tacoma metropolitan statistical area (1982-84=100), as published for the month of December. If at any time during the term of the contract the practice of computing the Index for the City of Seattle shall be abandoned or altered by the U.S. Department of Labor, and not assumed by some other federal or state governmental agency, then there shall be substituted therefor in Bremerton's sole discretion the then most nearly comparable cost of living index. In addition to the above payments, Shelton shall pay Bremerton a surcharge of one (1) hour travel time for each employee that responds to a call in Shelton, at the rate that Bremerton currently charges other Bremerton Departments (for 1998 this is $30.00 per hour, rate shall be adjusted annually through Treasurer's Office clearing rate), for which Bremerton will bill Shelton on a monthly basis. Scheduled preventative maintenance will not be subject to this travel time surcharge. Section 4: Service Provided: Prior to the start ora contract, Bremerton would inspect all intersections (Olympic Highway North & "K" Street; 7th & Alder; 7th & Railroad; 4th & Railroad and 13th & "K" Street) to determine the condition of all equipment. IfBremerton deems that any equipment needs repair or replacement, the cost for repairs or replacement will be made by Shelton. INTERLOCAL AGREEMENT --2-- SHELTON.AGT - NN AGMTS1 - 1/26/98 /gL All traffic signal lamps and luminaire lamps will be changed prior to the start of contract. (a) Bremerton shall provide electronic, electrical repairs, electrical inspection and preventative maintenance as requested or directed by the Shelton City engineer. Provided, Bremerton shall not be required to perform major electrical repairs as determined by the Shelton City Engineer and Bremerton's Electronic's Supervisor, and, Provided, further, Bremerton shall not be required to perform electrical repairs where labor costs exceed Five Hundred and 00/100 Dollars ($500.00) per occurrence. (b) Bremerton shall provide repair parts which shall include, but are not limited to, transistors, integrated circuit chips, resistors, diodes, capacitors, tubes, wire, and modules; Provided, Bremerton shall not be required to provide major components and/or assemblies; and Provided, further, the determination of what constitutes a major component and/or assembly shall be made by the Shelton City engineer and Bremerton's Electronics Supervisor. Bremerton shall not be required to provide repair components assemblies in excess of Five Hundred Dollars ($500.00) in value. (c) Bremerton shall provide labor and materials to repair luminaries not to exceed Five Hundred Dollars ($500.00) per calendar year. (d) Bremerton shall provide an annual lamp change for all red and green lamps. All yellow lamps and the 3M heads will be relamped once every (5) years. Bremerton will replace all lamps and heads, as needed, upon breakage or burn-out. (e) Bremerton shall provide labor and materials for the repair of defective traffic signal loops. Bremerton shall not be responsible for saw cutting and sealing of traffic signal loops, replacement of INTERLOCAL AGREEMENT --3-- SHELTON.AGT - NN AGMTS1 - 1/26/98 loops due to damage created by contractors, or additional loops necessary for intersection upgrade or design change. (f) In the performance of the services set forth in (a) through (e) above, Bremerton shall be responsible for and shall provide and pay all wages, salaries, tools, vehicle usage, training, utilities, postage, freight, telephones, overhead costs, and all other direct or indirect costs or expenses incurred. Section 5: Equipment: Bremerton shall provide services described in Section 4, for the traffic control equipment located within Shelton. The equipment includes and is limited to: a. Traffic signal controller equipment; b. Traffic signal indicator lead switches; c. Traffic signal detection equipment; d. Traffic signal conflict monitor units; e. Traffic signal pre-emption equipment (OPTICOM); f. Traffic signal auxiliary cabinet wiring; g. Traffic signal loops; h. Miscellaneous flasher, school warning and fire station signaling equipment; i. Street lighting at traffic sinai locations, including control, ballast, photo cells, igniters, and lamps; j. Other street lighting locations, including control, ballast, photo cells, igniters, and lamps; and k. Traffic signal coordination - create, install and maintain timing places from data INTERLOCAL AGREEMENT --4-- SHELTON.AGT - NN AGMT$1 - 1/26/98 provided by Shelton. Section 6: Time of Service: The services set forth in Section 4 shall be available Monday through Friday during regular business hours. After regular business hours and during weekends, and holidays, Bremerton shall have available for Shelton, those same services as it provided for its own needs. Provided, during weekends, holidays or after regular hours, if Shelton is unable to secure services from Bremerton listed in this Agreement, then Shelton may secure such services elsewhere and deduct the cost thereof from any amounts owning or to be owed to Bremerton under the contract. Bremerton shall make available to Shelton telephone numbers through which services can be obtained. Section 7: Hold Harmless: Consultant agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Consultant, its subcontractors, agents, successors or assigns. This provisiion shall be inapplicable to the extent such damage or inuury is judicial found to be cause by the sole negligence of the City. Section 8: General Conditions: a. Entire Agreement - This Agreement constitutes the entire agreement between the parties INTERLOCAL AGREEMENT --5-- SHELTON.AGT - NN AGMTS1 - 1/26/98 and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. b. Amendments - The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. c. Notices - Any notices required to be given by Bremerton to Shelton, or by Shelton to Bremerton shall be in writing and delivered to the following parties at the following addresses: Bremerton City Clerk 239 Fourth Street Bremerton, WA 98337 City of Shelton City Hall P.O. Box 1277 Shelton, WA 98584 d. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. e. Compliance with State, Local and Federal Laws - Parties agree to comply with all applicable local, state and federal laws in performance of all services under this Agreement. f. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. Section 9: Nondiscrimination: Bremerton shall not discriminate in employment or services provided on the basis of race, color, national origin, sex, religion, age, marital status or disability in employment or the provision of services unless an employment action based on a bona fide occupational qualification. Section 10: Subsequent Contracts: In the event Bremerton desires to provide maintenance INTERLOCAL AGREEMENT --6-- SHELT©N.AGT - NN AGMT$1 - 1/2~/98 /¢ service to Shekon beyond December 31, 1998, Bremerton shall submit, in writing, to Shelton an estimate of its monetary requirements no later than September 1, 1998. In the event that Bremerton does not desire to provide maintenance service to Shelton beyond December 31, 1998, Bremerton shall notify Shelton, in writing, no later than September 1, 1998. Section 11: Termination:- This Agreement may be terminated by either party, without cause, upon six (6) months written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. IN WITNESS WHEREOF the parties hereto have executed this Agreement the dates and year written below. CITY OF SHELTON BY: BY: DATE: APPROVED AS TO FORM: CITY OF BREMERTON LYNN S. HORTON, Mayor DATE: APPROVED AS TO FORM: GLENNA MALANCA, City Attorney Received for filing: Kathleen McCluskey, City Clerk INTERLOCAL AGREEMENT --7-- SHELTON.AGT - NN AGMTS1 - 1/26/98 /7 AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Professional Services Agreement With Parametrix, Inc. Regarding the Haddon Site Park Construction Documents Development FOR AGENDA OF: 4 February 1998 ORIGINATING DEPT: Parks & Recreation ORIGINATOR: Jim Spencer, Interim Director DATE SUBMITTED: January 27, 1998 2. CLEARANCES: 3. EXHIBITS: (Comment on back il'necessary)a Parks & Recreation Director: ~ ~~r--~ Professional Services Agreement with City Treasurer: .~'.,ff// .~'~--¢.~ ~;~'arametrix, Inc. Purchasing: Fiscal & Budget: ~ Operation, . ..GA ENDORSEMENTZ~_- INFORMATION APPROVED BY COUNCIL PRESIJ;~T, Ih~r FOR..~.UBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTIoI~: ! In 1997, the City purchased the old Haddon School site from the Bremerton School District. Since then the Parks & Recreation Department has been working with the neighbors to develop a master plan. Parametrix, Inc. has assisted in developing concept documents in this effort. It is now time to prepare the detailed construction documents to begin the development. The costs associated with this action is $24,452. 8. RECOMMENDATION: City Council make a motion to authorize and direct the Mayor to execute the Professional Services Agreement wkh Parametrix, Inc. to provide bidding and construction services procedures for the old Haddon site development as described in the Scope of Work. 9. RESPONSIBLE OFFICIAL: Jim Spencer ENFORCEMENT OFFICIAL: Jim Spencer EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: AMENDED 11. AGENDA BILL #: q g- (~ [ 7 2. CLEARANCE COMMENTS: IMPACT OF NON-PASSAGE: The developmem of the old Haddon School site for a park will not happen until the appropriate construction plans and specifications are completed. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: This project in listed in the 1998 budget for funding from Fund 109. On-going maintenance and operations will be absorbed in the regular Parks & Recreation maintenance budget. The playground program that has been sited there for the past two years may have to be moved, depending on when construction begins. 7. RESEARCH SOURCES: PROFESSIONAL SERVICES AGREEMENT PARA~[ETRIX, INC THIS AGREEMENT is between the City ofBremerton, a municipal corporation (hereinafter referred to as "City") and Parametrix, Inc. (hereinafter referred to as "Consultant"). WITNESSETH: 1. SCOPE: Consultant agrees to provide professional services to develop a master plan, specifications, Engineer's estimate and assist with bidding and construction service procedures for the Haddon Park Site, as further described in the Scope of Work, attached hereto and incorporated herein by this reference as Exhibit "A". 2. TERM: Contract shall commence on the date of this agreement and will terminate on December 31, 1998, unless otherwise extended by the City. 3. COMPENSATION: City shall pay Consultant compensation as follows: Total fees under this Agreement shall not exceed Twenty Four Thousand Four Hundred Fifty- two Dollars ($24,452.00). Charges for services shall conform to the fee schedule attached hereto and incorporated herein as Exhibit "B". Consultant shall submit regular statements describing the services rendered with a breakdown for work completed as authorized under this Agreement. The City, upon receipt of the completed statement, shall promptly process said claim for payment. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that Consultant is a firm skilled in matters pertaining to Civil Engineering and will perform independent functions and responsibilities in the area of its particular field of expertise. Consukant and its personnel shall act as independent contractors and not employees of the City. As such they have no authority to bind the City nor control employees of the City, contractors, or other entities. Within the performance of these duties, Consultant shall work under the direction of the Director of Parks and Recreation. 5. INDUSTRIAL INSURANCE: Consultant agrees to provide for State industrial insurance coverage for its personnel as required by State law. 6. LICENSE AND TAXES: Consultant shall possess a current Bremerton Business License and any regulatory license required to fulfill Consultant obligations under this Agreement. B & O taxes shall be paid when due and Consultant, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. 7. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement, Consultant shall provide the Risk Manager for the City of Bremerton with evidence that it has obtained and maintains in full force and effect during the term PROFESSIONAL SERVICES AGREEMENT --1-- p~r~m~l-rix. P.q~ - NN-~nm~- 1 - l/?l/Og~ of this Agreement a policy of professional liability insurance, providing coverage of at least $1,000,000.00 against professional liability for errors and omissions in connection with the work to be performed by Consultant under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. Consultant shall, at all times, be solely responsible for the acts or failures to act of its personnel which occur or arise in any way out of the performance of this Agreement. Consultant agrees to save and hold the City, its personnel and officials, harmless from all costs, expenses, losses, and damages, including the cost of defense, incurred as a result of any negligent or intentional acts or omissions of Consultant's personnel relating to the performance of this Agreement. 8. GENERAL CONDITIONS: a. Reports and Information - Consultant, at such times and in such forms as the City may require, shall furnish the City such reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. Consultant will maintain accounting records in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. There are attached hereto and incorporated by reference as part of this Agreement Exhibits "A and B". c. Amendments - The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. d. Notices - Any notices required to be given by the City to Consultant or by Consultant to the City shall be in writing and delivered to the parties at the following addresses: City Clerk 239 Fourth St. Bremerton, WA 98337 Parametrix, Inc. 5700 Kitsap Way, Suite 202 Bremerton, WA 98312 e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. f. Compliance with State, Local and Federal Laws - Consultant agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. PROFESSIONAL SERVICES P~r~m~ffri~.P,~A - NN-Aclrnt 1 - 1/?I/QR AGREEMENT -2- h. Attorney Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 9. NONDISCRIMINATION: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital stares or disability, except employment actions based on a bona fide occupational qualification. 10. TERMINATION: This Agreement may be terminated by either party for convenience upon thirty (30) days' written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereaf[er. Upon such termination, City will be entitled to reports showing the status of all matters upon which Consultant is advising the City as of the effective date of termination. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. PARAMETRIX, INC. Date: BY: CITY OF BREMERTON Date: DEPARTMENTAL APPROVAL: BY: LYNN S. HORTON, Mayor JIM SPENCER, Director of Parks and Recreation APPROVED AS TO FORM: GLENNA MALANCA, City Attorney RECEIVED FOR FILING: KATHI .~N L M¢CLUSKEY, CITY CLERK PROFESSIONAL SERVICES AGREEMENT -3- -'EXHIBIT NO. "A" OLD HADDON PARK CITY OF BREMERTON DEPT. OF PARKS AND RECREATION Scope of Work TASK 1: Objective: Activities: Products: Assumptions: TASK 2: Objective: Activities: HAZARDOUS SITE EVALUATION Review landfill concerns relative to the proposed site improvements. The review will provide the City with documentation that the improvements were made with consideration for the landfill concerns. The following activities will be performed as part of this task: 1. Review of previous site investigation prepared by AGRA. 2. Prepare a memo to the City with the results of the review. The following products will be generated as part of this task: 1. Memo describing how the proposed site improvements relate to hazardous materials concerns in the landfill. The following assumptions are m~de in budgeting this task: 1. The City can provide a copy of the AGRA report. CONTRACT PLANS, SPECIFICATIONS AND ESTIMATE To prepare contract plans, specifications and construction cost estimate for bidding purposes. The following activities will be performed as part of this task: 1. Final Design of the identified improvements. Prepare Contract Plans. The Contract Plans are anticipated to include the following sheets: · Title SheetNicinity Map 1 · Site Plan, Grading, Drainage and Utilities (1"=40) 1 · Irrigation Plan (1" = 40) 1 · Restroom Building 1 H;V~ROJEC ~REMER TOtOId Haddon~ l Sg6.3gv'pt.spc$~3 HADi;~ON. SCP. wPd Cib/ of B/emerton . Haddon Park Janua/y 26, 1998 OLD HADDON PARK CITY OF BREMERTON DEPT. OF PARKS AND RECREATION Products: Assumptions: TASK 3: Objectives: Activities: Details Civil 2 Irrigation 1 Restroom Bldg 1 Total Number of Sheets 3. Prepare Contract Specifications and Engineers Opinion of Probable Cost. The products of this task will include the following: 95% Contract Plans for City review. (2 sets) 100% Contract Plans for bidding purposes.(1 reproducible) 2. The following assumptions are made in budgeting this task: 1. Attendance at two meetings with the engineering Dept. regarding utilities and stor~ drainage. 2. Standard details and contract plans for typical restroom will be provided by the City. 3. The City will determine all landfill closure and capital requirements. BIDDING AND CONSTRUCTION SERVICES Assist the City with bidding and construction services. · Attend Preconstruction Conference and review contractor submitttals. · 4 site visits during construction. H:V:~ROJECT~REMERTO~OId Ha~ont1896-39V'pt.$pcs~lHAD~)ON. SCP. wpd City Of Bremerlon . Ha~{:lon Park 3 January 2~, lgg8 OLD HADDON PARK CITY OF BREMERTON DEPT. OF PARKS AND RECREATION Surveyors Field staking - Pathway - Grading and Drainage - Side walk, curb and gutter - Parking Lot - Sewer Restroom Products: Notes Assumptions: · Irrigation Staking will be performed by the Contractor and reviewed by the City prior to installation. from site visits, staking notes. The City will advertise the project in the appropriate periodicals, perform reproduction and distribution of contract plans to contractors and plan centers. Daily field inspection will be performed by City staff. H:t~ROJECTt~REMERTO~Olcl Ha~tOnt1896-3~V~3t.$~41HADOON. SCP. wpd City of Bremerton . Had<~on Park Janua~ 26, 1998 EXHIBIT NO. "B" OLD HADDON PARK CITY OF BREMERTON DEPT. OF PARKS AND RECREATION I BUDGET SUMMARY TASK 1' Hazardous Site Evaluation $ 632 TASK 2: Contract Plans, Specifications and Estimate $ 18,736 TASK 3: Bidding and Constructions Services $ 4,659 Direct Expenses $ 425 TOTAL $ 24,452 H:V,::)ROJECT~REMERTO~OI~ Hac~on~1896-..39Vpt.spcsV~1HADOON. SCP, wp<:1 City of BremeA'on - Hadcton Park S January 26, 1998